HomeMy WebLinkAbout20250424 Laurel august 2023 to april 20241
From:Chuck Braff <chuck@bowtieholdings.com>
Sent:Monday, April 8, 2024 10:11 AM
To:Goode, Owen
Cc:McClish, Teresa
Subject:Re: Affordable Units - Parkwood and Laurel
Owen-
I have reached out to the current owner several times now. They have not replied. My suggestion is to move
forward with our proposal and re-write their deed restriction on its own as is. If they want to change it they can
reply to you. I do not have a relationship with them and do not think their response time should impact what I
have been trying to do for over 2 years.
Chuck Braff
On Apr 5, 2024, at 9:35 AM, Chuck Braff <chuck@bowtieholdings.com> wrote:
Thanks for chatting on the phone.
I will get you this as soon as possible. I hope this am.
Please confirm May 21st is set. We have been at this for 2 years with little movement. If possible
please share what will be required to get this unit through the process for a complete transaction.
I will then bird dog it.
1- 1037B’s contact info and confirmation on which way they would like to go on their unit… for
sale / for rent.
2- Confirm on May 21st’s council agenda.
3- Owen to share contact at House Keys so we can get buyer of unit 1023C approved. Owen and
house keys will work with owner of 1037B on their docs and qualifications separate to ours.
4- Unit follows traditional escrow process.
Is this correct? What other items do you think could hold the process up? Happy to run those
down.
Thank you Owen.
Chuck Braff
2
On Apr 4, 2024, at 4:17 PM, Goode, Owen <ogoode@slocity.org> wrote:
Hi Chuck,
It looks like we can get you on the consent agenda for May 21st. Can you please provide
me with the contact information of the purchaser of the other unit you sold? We will need
to attach the affordability agreement to the report and discuss both units. It can’t be done
separately. We’ll need to determine that the other unit is in compliance as well and
determine if that one needs to be converted to for sale. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
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From: Chuck Braff <chuck@bowtieholdings.com>
Sent: Wednesday, April 3, 2024 9:05 AM
To: Goode, Owen <ogoode@slocity.org>
Cc: McClish, Teresa <tmcclish@slocity.org>
Subject: Re: Affordable Units - Parkwood and Laurel
Thank you Owen.
Can you please call me to discuss process to sell the unit? I want to make sure we follow the
process and allow the current renter the move up opportunity.
Chuck Braff
On Mar 26, 2024, at 9:18 AM, Goode, Owen <ogoode@slocity.org> wrote:
Hi Chuck,
I apologize for my delayed response. I am working to get you on for
consent agenda on May 7, 2024. I will reach out if I have any follow up
questions or updates. Thank you for your patience and understanding.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
3
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
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From: chuck braff <chuck@bowtieholdings.com>
Sent: Monday, March 25, 2024 8:04 PM
To: Goode, Owen <ogoode@slocity.org>
Cc: McClish, Teresa <tmcclish@slocity.org>
Subject: Re: Affordable Units - Parkwood and Laurel
Trying again. Are we on this months agenda?
Chuck
310.990.6897
Sent from my iPhone.
On Mar 21, 2024, at 5:18 PM, chuck braff
<chuck@bowtieholdings.com> wrote:
Did we make this month’s agenda?
Chuck
310.990.6897
Sent from my iPhone.
On Mar 18, 2024, at 10:04 AM, Chuck Braff
<chuck@bowtieholdings.com> wrote:
Checking back in on this item. Are we set for the
next hearing?
Chuck Braff
On Mar 11, 2024, at 9:28 AM,
Chuck Braff
<chuck@bowtieholdings.com>
wrote:
4
Where are we with this item?
Are we on the next council
meeting?
Chuck Braff
On Mar 4,
2024, at
10:26 AM,
Chuck Braff
<chuck@bowti
eholdings.com>
wrote:
She has told me
through her
agent she is
interested in
purchasing the
unit. A great
move up
opportunity for
her.
Chuck Braff
O
n
M
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4
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2
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1
From:Nelson, Trevor
Sent:Thursday, March 28, 2024 12:28 PM
To:Chuck Braff
Cc:Loew, Michael
Subject:1150 Laurel Ln #175 CAL FIRE - TCO Extension
Attachments:1150 Laurel Ln #175 BLDG-0188-2021 TCO 3.28.24.pdf
Chuck,
Attached TCO for Suite 175 has been extended 90 days from previous 4/1/24 to 7/1/24.
By its very name and nature, a Temporary Certificate of Occupancy is meant to be just that - temporary. There is a
concerning lack of any progress on site being made towards Final Approval of the building shell (listed as the
Prework/AMMR permits in the conditions of your TCO) or progress being made towards completion of the
replacement fire line for the property. For any future extension requests to be considered or approved, substantial
active and ongoing progress must be made on site towards the pending Final requirements in these areas.
Thank you,
Trevor Nelson
Supervising Building Inspector
Community Development
919 Palm St, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
C 805.431.7160
slocity.org
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1
From:Chuck Braff <chuck@westpacinv.com>
Sent:Monday, March 25, 2024 11:22 AM
To:Nelson, Trevor
Subject:Re: Laurel - TCO Request
Thank you. I’ll reach out on the 27th.
Chuck Braff
M: 310.990.6897
On Mar 25, 2024, at 11:20 AM, Nelson, Trevor <tnelson@slocity.org> wrote:
Chuck,
Mike will be back in the office Wedn 3/27 and I will have answer/approval by then.
Thank you,
Trevor Nelson
Supervising Building Inspector
<image001.png>
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Monday, March 25, 2024 9:55 AM
To: Nelson, Trevor <tnelson@slocity.org>
Subject: Re: Laurel - TCO Request
Please let us know if we can get the paperwork back from the City before the 1st. I want to stay ahead of
CalFire’s property division. Thank you.
Chuck Braff
M: 310.990.6897
On Mar 21, 2024, at 4:50 PM, Chuck Braff <chuck@westpacinv.com> wrote:
This has been paid. Thanks Trevor.
Chuck
310.990.6897
Sent from my iPhone.
2
On Mar 21, 2024, at 2:59 PM, Nelson, Trevor <tnelson@slocity.org> wrote:
Chuck,
Thank you for taking the time to meet on site today. Attached is the
invoice for your recent TCO extension request.
Note: this is just an invoice, I will review with Mike for Building Official
approval and follow up with you after.
Thank you,
Trevor Nelson
Supervising Building Inspector
<image001.png>
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
slocity.org
<image002.png>
<image003.png>
<image004.png>
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From: Chuck Braff <chuck@westpacinv.com>
Sent: Wednesday, March 20, 2024 2:02 PM
To: Nelson, Trevor <tnelson@slocity.org>
Subject: Re: Laurel - TCO Request
We need to re-issue the TCO. Can you please let me know if this is underway?
We can pay the invoice anytime. Need to get this to CalFire prior to April 1.
Chuck Braff
M: 310.990.6897
On Mar 13, 2024, at 9:03 AM, Charles Braff
<chuck@westpacinv.com> wrote:
April is fast approaching and we would like to extend our TCO.
Please see app attached here.
Chuck Braff
M: 310.990.6897
3
On Jan 11, 2024, at 3:29 PM, Nelson, Trevor
<tnelson@slocity.org> wrote:
Chuck,
Please see the attached extended TCO’s
and the associated fee invoice.
Looking forward to meeting on site next
week.
Thank you,
Trevor Nelson
Supervising Building Inspector
<image001.png>
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA
93401-3218
E tnelson@slocity.org
T 805.781.7153
slocity.org
<image002.png><image003.png><image00
4.png>
Stay connected with the City by signing up
for e-notifications
From: Loew, Michael <Mloew@slocity.org>
Sent: Tuesday, January 9, 2024 2:17 PM
To: Chuck Braff <chuck@westpacinv.com>;
Nelson, Trevor <tnelson@slocity.org>
Cc: Henry Burrows
<HenryBurrows@westpacinv.com>
Subject: RE: Laurel - TCO Request
Hi Chuck,
I reviewed the outstanding items, and we
will be extending the expiration date on the
TCO’s for 1150 Laurel Lane, this includes
the Cal Fire tenant space. Trevor and I have
not been in the office together since before
Christmas, but we should be able to sort out
the paperwork before the end of this week.
Thanks,
Michael Loew
Deputy Director/Chief Building Official
<image001.png>
Community Development
E Mloew@slocity.org
T 805.781.7157
slocity.org
<image005.png><image006.png><image00
7.png>
4
Stay connected with the City by signing up
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From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, January 9, 2024 1:09 PM
To: Loew, Michael <Mloew@slocity.org>;
Nelson, Trevor <tnelson@slocity.org>
Cc: Henry Burrows
<HenryBurrows@westpacinv.com>
Subject: Fwd: Laurel - TCO Request
Michael-
We just got a note from CalFire saying they are
cutting rent if they do not receive notice from
us that the TCO is approved today. An email
from you suffices of course. Is there anyway you
can send that email to me today? I do not
require the official paperwork. I am happy to
pay the TCO extension fee of course. The loss
of rent is substantial.
Thank you.
Chuck Braff
M: 310.990.6897
Begin forwarded message:
From: "Nelson, Trevor"
<tnelson@slocity.org>
Subject: RE: Laurel - TCO
Request
Date: January 5, 2024 at
2:26:40 PM PST
To: Chuck Braff
<chuck@westpacinv.com>
Cc: Henry Burrows
<HenryBurrows@westpacinv
.com>
Chuck,
All (6) permits referenced in
your recent TCO extension
request have been updated
with required conditions.
They will be reviewed by the
Building Official upon his
return (Monday 1/8/24) and I
will follow up after with any
corresponding invoice(s).
Thank you,
5
Trevor Nelson
Supervising Building
Inspector
<image001.png>
Community Development
Building and Safety
919 Palm Street, San Luis
Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
slocity.org
<image002.png><image003.
png><image004.png>
Stay connected with the City
by signing up for e-
notifications
From: Chuck Braff
<chuck@westpacinv.com>
Sent: Tuesday, January 2, 2024
2:24 PM
To: Nelson, Trevor
<tnelson@slocity.org>
Cc: Henry Burrows
<HenryBurrows@westpacinv.co
m>
Subject: Re: Laurel - TCO
Request
I shared your previous email
with the representative from
Sacramento. Hoping that buys
us some time. Thanks again
Trevor. I know this is out of the
box at best. We appreciate any
help you can give.
Chuck Braff
M: 310.990.6897
On Jan 2, 2024,
at 2:19 PM,
Charles Braff
<chuck@westp
acinv.com>
wrote:
Trevor-
Can you please
send through a
TCO? CalFire is
the first of a
few tenants
that will pay
short on their
6
rent. Even an
email will
suffice I
believe.
Thank you.
Chuck Braff
M:
310.990.6897
O
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24
Ln #190 BLDG-1509-2022 TCO
1.11.24.pdf><1150 Laurel Ln #180 BLDG-2531-
2020 TCO 1.11.24.pdf><1150 Laurel Ln #186
BLDG-0793-2020 TCO 1.11.24.pdf><1150 Laurel
Ln #110 BLDG-0794-2020 TCO
1.11.24.pdf><1150 Laurel Ln #184 BLDG-0795-
2020 TCO 1.11.24.pdf>
<Invoice 00035169.pdf>
<image001.png><image002.png><image003.png><image004.png>
1
From:Chuck Braff <chuck@westpacinv.com>
Sent:Wednesday, March 13, 2024 9:03 AM
To:Nelson, Trevor
Subject:Re: Laurel - TCO Request
Attachments:TCO App.pdf
April is fast approaching and we would like to extend our TCO. Please see app attached here.
Chuck Braff
M: 310.990.6897
On Jan 11, 2024, at 3:29 PM, Nelson, Trevor <tnelson@slocity.org> wrote:
Chuck,
Please see the attached extended TCO’s and the associated fee invoice.
Looking forward to meeting on site next week.
Thank you,
Trevor Nelson
Supervising Building Inspector
<image001.png>
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Loew, Michael <Mloew@slocity.org>
Sent: Tuesday, January 9, 2024 2:17 PM
To: Chuck Braff <chuck@westpacinv.com>; Nelson, Trevor <tnelson@slocity.org>
Cc: Henry Burrows <HenryBurrows@westpacinv.com>
Subject: RE: Laurel - TCO Request
Hi Chuck,
I reviewed the outstanding items, and we will be extending the expiration date on the TCO’s for 1150
Laurel Lane, this includes the Cal Fire tenant space. Trevor and I have not been in the office together
since before Christmas, but we should be able to sort out the paperwork before the end of this week.
Thanks,
Michael Loew
Deputy Director/Chief Building Official
<image001.png>
Community Development
2
E Mloew@slocity.org
T 805.781.7157
slocity.org
<image005.png><image006.png><image007.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, January 9, 2024 1:09 PM
To: Loew, Michael <Mloew@slocity.org>; Nelson, Trevor <tnelson@slocity.org>
Cc: Henry Burrows <HenryBurrows@westpacinv.com>
Subject: Fwd: Laurel - TCO Request
Michael-
We just got a note from CalFire saying they are cutting rent if they do not receive notice from us that the TCO is
approved today. An email from you suffices of course. Is there anyway you can send that email to me today? I
do not require the official paperwork. I am happy to pay the TCO extension fee of course. The loss of rent is
substantial.
Thank you.
Chuck Braff
M: 310.990.6897
Begin forwarded message:
From: "Nelson, Trevor" <tnelson@slocity.org>
Subject: RE: Laurel - TCO Request
Date: January 5, 2024 at 2:26:40 PM PST
To: Chuck Braff <chuck@westpacinv.com>
Cc: Henry Burrows <HenryBurrows@westpacinv.com>
Chuck,
All (6) permits referenced in your recent TCO extension request have been updated with
required conditions.
They will be reviewed by the Building Official upon his return (Monday 1/8/24) and I will
follow up after with any corresponding invoice(s).
Thank you,
Trevor Nelson
Supervising Building Inspector
<image001.png>
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, January 2, 2024 2:24 PM
To: Nelson, Trevor <tnelson@slocity.org>
3
Cc: Henry Burrows <HenryBurrows@westpacinv.com>
Subject: Re: Laurel - TCO Request
I shared your previous email with the representative from Sacramento. Hoping that buys us
some time. Thanks again Trevor. I know this is out of the box at best. We appreciate any help
you can give.
Chuck Braff
M: 310.990.6897
On Jan 2, 2024, at 2:19 PM, Charles Braff <chuck@westpacinv.com> wrote:
Trevor-
Can you please send through a TCO? CalFire is the first of a few tenants that will
pay short on their rent. Even an email will suffice I believe.
Thank you.
Chuck Braff
M: 310.990.6897
On Dec 4, 2023, at 3:08 PM, Nelson, Trevor
<tnelson@slocity.org> wrote:
Chuck,
Received, thank you. I will provide invoice shortly and
update TCO’s accordingly for Building Official review.
Thanks,
Trevor Nelson
Supervising Building Inspector
<image001.png>
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-
notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Monday, November 27, 2023 2:33 PM
To: Nelson, Trevor <tnelson@slocity.org>
Cc: Loew, Michael <Mloew@slocity.org>; Henry Burrows
<HenryBurrows@westpacinv.com>
Subject: Laurel - TCO Request
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Trevor-
4
I think I got it right…
Can you please review the TCO app for the 6 outstanding
permits? If I need to amend something I will. If not, Please share
invoice so I can pay online.
We appreciate it. Conversations seem to be going well out here
and we will start on completing work at the front entry next
week and tidying up the site.
Thank you.
Chuck
Chuck Braff
M: 310.990.6897
<Invoice 00034438.pdf><1150 Laurel Ln #175 BLDG-0188-2021 TCO 1.11.24.pdf><1150 Laurel Ln
#190 BLDG-1509-2022 TCO 1.11.24.pdf><1150 Laurel Ln #180 BLDG-2531-2020 TCO
1.11.24.pdf><1150 Laurel Ln #186 BLDG-0793-2020 TCO 1.11.24.pdf><1150 Laurel Ln #110
BLDG-0794-2020 TCO 1.11.24.pdf><1150 Laurel Ln #184 BLDG-0795-2020 TCO 1.11.24.pdf>
Project Information
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BLDG- 0199-202,
1509-2020
2531-2020
0793-2020
0794-2020
0795-2020
110,175,180,184,
180, and 190
1150 Laurel Lane 004-962-032
93401
Laurel Creek, LP
Smith and Company
Chuck Braff
chuck@westpacinv.com
310.990.6897
chuckbraff@westpacinv.com
310.990.6897
505 Bath Street, Santa Barbara Class B
CA 93101 49628
3.12.2024
✔
Office Suites
We are substantially complete with work.
Floor ceiling in the Empire Suite
Patrick Smith
psmith@westpacinv.com
1
From:Kimberly Hancock <kimberly@bangthedrumbrewery.com>
Sent:Monday, March 11, 2024 10:31 AM
To:Foster, Dylan
Subject:Re: Dec 12, 2023 Routine Inspection
Thursday from 2-4 would be great! Thank you!
From: Foster, Dylan <dfoster@slocity.org>
Sent: Monday, March 11, 2024 10:12 AM
To: Kimberly Hancock <kimberly@bangthedrumbrewery.com>
Subject: RE: Dec 12, 2023 Routine Inspection
Kimberly,
Thanks for getting back to me. I’d be happy to stop by and help you out with the survey.
I can stop by on Wednesday or Thursday afternoon this week if that works for you. Do you have a preferred time?
Thanks,
Dylan Foster
Environmental Compliance Inspector
Public Utilities
E dfoster@slocity.org
T 805.781.7413
C 805.434.8324
slocity.org
Stay connected with the City by signing up for e-notifications
From: Kimberly Hancock <kimberly@bangthedrumbrewery.com>
Sent: Friday, March 8, 2024 12:41 PM
To: Foster, Dylan <dfoster@slocity.org>
Subject: Re: Dec 12, 2023 Routine Inspection
Hello Dylan,
Thank you for checking back in with us. We are trying to fill out the form but have several questions. Can you
perhaps stop by soon and help answer some questions so we can be as accurate as possible?
Noelle Dubois is the owner and would be on the official permit for Bang the Drum. Her phone number is
Thank you,
2
Kimberly Hancock
From: Foster, Dylan <dfoster@slocity.org>
Sent: Wednesday, March 6, 2024 2:44 PM
To: Kimberly Hancock <kimberly@bangthedrumbrewery.com>
Subject: FW: Dec 12, 2023 Routine Inspection
Kimberly,
Following up on the below email. We need to permit Bang the Drum with the City of San Luis Obispo’s Pretreatment
Program. I have attached a permit survey for you to complete and return.
We permit every brewery and food service establishment in town as part of the Program which is mandated by the
EPA and Clean Water Act to monitor non-domestic wastewater dischargers to the public collections system (sewer
system). Please complete the attached form and return back via email or deliver to our office at 879 Morro Street in
SLO.
Let me know if you have any questions,
Dylan Foster
Environmental Compliance Inspector
Public Utilities
E dfoster@slocity.org
T 805.781.7413
C 805.434.8324
slocity.org
Stay connected with the City by signing up for e-notifications
From: Colin Brown <
Sent: Wednesday, January 24, 2024 3:17 PM
To: Foster, Dylan <dfoster@slocity.org>
Subject: Re: Dec 12, 2023 Routine Inspection
Hi Dylan,
Yes I did forward your email to Bang the Drum's management.
Kimberly - kimberly@bangthedrumbrewery.com
is the manager and she would be the person to speak to to move forward.
Best,
Colin Brown
On Wed, Jan 24, 2024 at 3:12 PM Foster, Dylan <dfoster@slocity.org> wrote:
Hi Colin,
Hope you’re doing well. Checking in on the below email sent back in December. Did you have a chance to forward
this info along to Bang the Drum management?
Do you have contact info (email or phone) you can share?
3
Thanks,
Dylan Foster
Environmental Compliance Inspector
Public Utilities
E dfoster@slocity.org
T 805.781.7413
C 805.434.8324
slocity.org
Stay connected with the City by signing up for e-notifications
From: Foster, Dylan
Sent: Tuesday, December 12, 2023 2:11 PM
To: Colin Brown <
Subject: RE: Dec 12, 2023 Routine Inspection
Colin,
Thanks for taking the time to meet with me today at Bang the Drum. A copy of the inspection can be accessed using
the link in the below email. The following action items are required as a result of the inspection:
Maintain records for grease trap cleaning onsite for a period of (3) years
Provide the previous (12) months’ worth of grease trap cleaning records via email within (7) days
Ensure all floor drains have strainers installed
Place all chemicals in secondary containment to avoid potential spills to floor drains
I checked through our records, and we do not have Bang the Drum permitted with our program. Since there is beer
brewing onsite, we will need to issue a Class I Industrial User permit. This is how we classify all breweries in town.
I’m planning to void the permit which was issued to you for this location, issue a new permit to Bang the Drum once
the attached permit survey is completed, and we’ll have Bang the Drum management be in charge of the permit. This
makes the most sense as you are running a mobile business that operates out of this kitchen, but ultimately we will
need whomever is in charge of the kitchen/brewery side to hold the permit.
Please forward this email to Bang the Drum management.
Thanks again for your time today!
Dylan Foster
Environmental Compliance Inspector
Public Utilities
4
E dfoster@slocity.org
T 805.781.7413
C 805.434.8324
slocity.org
Stay connected with the City by signing up for e-notifications
From: Dylan Foster <noreply-acp@aquaticinformatics.net>
Sent: Tuesday, December 12, 2023 1:56 PM
To: Colin Brown <
Cc: Foster, Dylan <dfoster@slocity.org>; Foster, Dylan <dfoster@slocity.org>
Subject: Dec 12, 2023 Routine Inspection
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hello,
An inspection of Tiny Cafe Coffee Cart (0905) located at 1150 Laurel Lane San Luis Obispo California 93401 was completed on
Dec 12, 2023.
A copy of the inspection report is available here:
https://sanluisobispoca.aquaticinformatics.net/Public/InspectionView/6370aad8-ee47-4ce6-b295-84b3cb5a17c2
If you have any questions or concerns, please contact me.
Thank you,
Dylan Foster
Environmental Compliance Inspector
City of San Luis Obispo
O: 805-781-7413 | M: 805-434-8324 | dfoster@slocity.org
ENVIRONMENTAL COMPLIANCE PROGRAM
Pretreatment Program
was established in 1983 to provide protection to the
Water Resource Recovery Facility (WRRF) and the
sewer collection system by controlling the discharge of
non-domestic wastes into the City sewer system. The
program is mandated by the Environmental Protection
Agency and the State Water Resources Control Board.
The function of the program is to protect the WRRF
from discharges that could
processes, or pass through the process untreated and
then be discharged into San Luis Creek. An illicit
discharge to the WRRF can also result in a reduction of
waste treatment, possibly contaminating biosolids or
recycled water, resulting in expensive handling and
disposal costs or
environment.
HOW THE PROGRAM WORKS
Inspection, sampling, documentation, and public
education are the fundamental components of the
Environmental Compliance Program. Inspections and
sampling ensure that wastes are properly managed by
the Industrial User (IU) and are discharged in
Documentation gives the City a record of sampling,
inspections, and any other event that may have
occurred at the facility. Public education offers the City
the opportunity to give the public and industry an
overview of the Environmental Compliance Program,
provide assistance in program compliance, and answer
questions.
WHO GETS INSPECTED?
All permitted industries get inspected. Permitted
industries include, but are not limited to: electroplaters,
restaurants, automotive repair shops, photofinishers,
laundries, carwashes, dry cleaners, and radiator shops.
Depending on the permit issued, a facility may be
inspected up to four times a year.
HOW IS THE PROGRAM FUNDED?
The program receives approximately 35% of its
revenues from industrial users fees while the other
65% comes from the sewer fund. Industrial users fees
are classified into three classes: Significant industrial
users, Class I Industrial Users, and Class II industrial
users. Users may determine their classification by
looking at their permit number. A I or II follows the
permit number. Significant permits are stated as such
on the permit. The fees are assessed annually and the
City Finance Department sends out the invoices.
HOW ARE THE FACILITIES CLASSIFIED?
All facilities are evaluated by the information provided
on the commercial user survey application and
inspection form before being classified. Facilities are
classified as significant industrial users if they fall under
the federal definition of a significant or categorical
industry. Class I industrial users are defined as facilities
that have materials or wastes on site that if discharged
to the sewer may impact City facilities in a negative
manner. These wastes include, but are not limited to,
hazardous wastes and materials, pH, and other non-
conventional pollutants. Facilities that may discharge
conventional pollutants, such as animal or vegetable
grease, non-hazardous solids, or laundry discharges are
classified as Class II users. Conventional pollutants are
pollutants usually found in domestic discharges,
characteristic of the sewer discharge from a regular
household.
Restaurant
Restaurants discharge oil and grease in quantities
greater than a normal household.
Automotive Repair
These facilities generate hazardous wastes, which if
discharged to the sewer, may cause considerable
damage to the collection system and treatment
process.
Dry Cleaner
Dry cleaners generate hazardous waste and may
release small quantities of solvents to the sewer.
Metal Finishing Shop
Metal finishers fall under the federal definition of a
significant industrial user, discharge non-conventional
pollutants to the sewer, and may generate hazardous
waste.
Car Wash/Automotive Detail
Car washes primarily discharge conventional pollutants
to the sewer, but if engines are being pressure washed,
the oil and grease from the washing may be hazardous.
waste is non-hazardous.
COMMON QUESTIONS
Q. rdous waste down the
sewer. Why should I be on permit?
A. Although almost everyone in the City is in
compliance, the City still needs to perform
inspections to verify compliance. Without an
inspection, the City does not know if a facility
is in compliance. One goal of the program is
to ensure that hazardous wastes are not
discharged.
Q. Why do I have to open a grease
interceptor
inspector do this?
A. liability
questions and risk of injury. The City does not
work on any private facility or device for this
reason. The owner of the business is
responsible for maintaining the grease
interceptor or clarifier and is also required to
open it for inspection.
Q. Where can I get a copy of the sewer use
ordinance?
A.
(805)781-7100
Q. Why do I need a grease interceptor and
how is sizing determined?
A. All restaurants, commercial kitchens, food
processing, etc., are required to have a grease
interceptor. Because of the larger than normal
amount of grease that may come from a
facility, (as compared to a household), an
interceptor is required to remove the grease
before it reaches the sewer. Sizing is
determined using the Uniform Plumbing Code
(UPC).
Q.
Will I be fined?
A. Not at first. The City is interested in
compliance rather than collecting fines. If a
violation is noted then a Notice of Violation
(NOV) is issued. The NOV will clearly state the
violation, what needs to be done to correct the
problem, and a completion date when the
violation must be corrected. If not enough
time is given to correct the violation, the
facility may request more time to come into
compliance. Enforcement actions including
fines, civil or criminal lawsuits, or
water/wastewater service shut off are only
enacted if the facility has shown little or no
effort to correct the violation or the violation is
significant and/or intentional.
Q. Can I contest my classification or being
required to have a permit?
A. Yes. A facility must submit a letter to request
being taken off permit or a change in
classification. After that, the City will evaluate
your facility using inspections or inspection
records and any information provided.
Q. What if I know of an illegal discharge or
violation of the sewer use ordinance?
Who can I call and can I remain
anonymous?
A. Any suspected illegal discharge or activity
should be reported. The pretreatment
program confidentially investigates reports and
complaints form all sources, identified or
anonymous. Please use the numbers provided
below to contact pretreatment staff.
CONTACT INFORMATION
Christina Claxton
P (805) 781-7425
E cclaxton@slocity.org
Keith Schwanemann
P (805) 781-7426
E kschwane@slocity.org
Dylan Foster
P (805) 781-7413
E dfoster@slocity.org
City of San Luis Obispo
Attn: Environmental Programs
879 Morro Street
San Luis Obispo, CA 93401
The City of San Luis Obispo is committed to include
the disabled in all of its services, programs, and
activities. Telecommunications Device for the Deaf
(805) 781-7410.
1
From:Foster, Dylan
Sent:Wednesday, March 6, 2024 2:45 PM
To:kimberly@bangthedrumbrewery.com
Subject:FW: Dec 12, 2023 Routine Inspection
Attachments:Class I Survey.pdf; Program Handout.pdf
Kimberly,
Following up on the below email. We need to permit Bang the Drum with the City of San Luis Obispo’s Pretreatment
Program. I have attached a permit survey for you to complete and return.
We permit every brewery and food service establishment in town as part of the Program which is mandated by the
EPA and Clean Water Act to monitor non-domestic wastewater dischargers to the public collections system (sewer
system). Please complete the attached form and return back via email or deliver to our office at 879 Morro Street in
SLO.
Let me know if you have any questions,
Dylan Foster
Environmental Compliance Inspector
Public Utilities
E dfoster@slocity.org
T 805.781.7413
C 805.434.8324
slocity.org
Stay connected with the City by signing up for e-notifications
From: Colin Brown <
Sent: Wednesday, January 24, 2024 3:17 PM
To: Foster, Dylan <dfoster@slocity.org>
Subject: Re: Dec 12, 2023 Routine Inspection
Hi Dylan,
Yes I did forward your email to Bang the Drum's management.
Kimberly - kimberly@bangthedrumbrewery.com
is the manager and she would be the person to speak to to move forward.
Best,
Colin Brown
On Wed, Jan 24, 2024 at 3:12 PM Foster, Dylan <dfoster@slocity.org> wrote:
Hi Colin,
2
Hope you’re doing well. Checking in on the below email sent back in December. Did you have a chance to forward
this info along to Bang the Drum management?
Do you have contact info (email or phone) you can share?
Thanks,
Dylan Foster
Environmental Compliance Inspector
Public Utilities
E dfoster@slocity.org
T 805.781.7413
C 805.434.8324
slocity.org
Stay connected with the City by signing up for e-notifications
From: Foster, Dylan
Sent: Tuesday, December 12, 2023 2:11 PM
To: Colin Brown <
Subject: RE: Dec 12, 2023 Routine Inspection
Colin,
Thanks for taking the time to meet with me today at Bang the Drum. A copy of the inspection can be accessed using
the link in the below email. The following action items are required as a result of the inspection:
Maintain records for grease trap cleaning onsite for a period of (3) years
Provide the previous (12) months’ worth of grease trap cleaning records via email within (7) days
Ensure all floor drains have strainers installed
Place all chemicals in secondary containment to avoid potential spills to floor drains
3
I checked through our records, and we do not have Bang the Drum permitted with our program. Since there is beer
brewing onsite, we will need to issue a Class I Industrial User permit. This is how we classify all breweries in town.
I’m planning to void the permit which was issued to you for this location, issue a new permit to Bang the Drum once
the attached permit survey is completed, and we’ll have Bang the Drum management be in charge of the permit. This
makes the most sense as you are running a mobile business that operates out of this kitchen, but ultimately we will
need whomever is in charge of the kitchen/brewery side to hold the permit.
Please forward this email to Bang the Drum management.
Thanks again for your time today!
Dylan Foster
Environmental Compliance Inspector
Public Utilities
E dfoster@slocity.org
T 805.781.7413
C 805.434.8324
slocity.org
Stay connected with the City by signing up for e-notifications
From: Dylan Foster <noreply-acp@aquaticinformatics.net>
Sent: Tuesday, December 12, 2023 1:56 PM
To: Colin Brown <
Cc: Foster, Dylan <dfoster@slocity.org>; Foster, Dylan <dfoster@slocity.org>
Subject: Dec 12, 2023 Routine Inspection
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hello,
An inspection of Tiny Cafe Coffee Cart (0905) located at 1150 Laurel Lane San Luis Obispo California 93401 was completed on
4
Dec 12, 2023.
A copy of the inspection report is available here:
https://sanluisobispoca.aquaticinformatics.net/Public/InspectionView/6370aad8-ee47-4ce6-b295-84b3cb5a17c2
If you have any questions or concerns, please contact me.
Thank you,
Dylan Foster
Environmental Compliance Inspector
City of San Luis Obispo
O: 805-781-7413 | M: 805-434-8324 | dfoster@slocity.org
1
From:Chuck Braff <chuck@bowtieholdings.com>
Sent:Wednesday, February 28, 2024 10:11 AM
To:Goode, Owen
Cc:McClish, Teresa
Subject:Re: Affordable Units - Parkwood and Laurel
How are we coming on getting on the next council agenda as a consent item?
Chuck Braff
On Feb 20, 2024, at 8:43 AM, chuck braff <chuck@bowtieholdings.com> wrote:
Where are we with this? Next council meeting?
Chuck
310.990.6897
Sent from my iPhone.
On Dec 4, 2023, at 11:24 AM, Chuck Braff <chuck@bowtieholdings.com> wrote:
The fees have been paid. Please let me know when we will be before Council.
Chuck Braff
On Dec 1, 2023, at 2:25 PM, Goode, Owen <ogoode@slocity.org>
wrote:
Hi Chuck,
We have received your planning application and the fee can be paid
here 00034027 (slocity.org). This has been assigned to me, and I will
work to see when we can schedule the item for City Council review based
on agenda availability. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
2
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@bowtieholdings.com>
Sent: Thursday, November 30, 2023 9:07 AM
To: Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Units - Parkwood and Laurel
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond
Chuck Braff
On Nov 29, 2023, at 2:51 PM, Goode, Owen
<ogoode@slocity.org> wrote:
Hi Chuck,
I just wanted to provide further clarification to you on why it
is required to go to council for review. The attached
recorded agreement that was entered into states in section
5.7 Amendment to Agreement, “Major amendments to this
Agreement, shall be subject to the review and approval of
the decision-making body which approved the Project.”
This has been interpreted as a major amendment which
requires staff to provide a modification to the original
project approval.
Can you please reference in your planning application
under “what do you want to do?” that the applicant is
requesting to modify the original project file ARC-124-06-1
by making a major amendment to the Affordable Housing
Restriction Agreement and Declaration of Restrictive
Covenants for Garden Street Terraces? This should suffice
for the complete application, and I can send the invoice
over to you shortly after. Thank you.
3
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-
notifications
From: Chuck Braff <chuck@bowtieholdings.com>
Sent: Wednesday, November 29, 2023 11:26 AM
To: Goode, Owen <ogoode@slocity.org>
Cc: McClish, Teresa <tmcclish@slocity.org>
Subject: Re: Affordable Units - Parkwood and Laurel
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond
Owen-
Please see attached. Please let me know if this satisfies your
requests.
Please send invoice to me so I can pay through the portal.
Thank you.
Chuck
Chuck Braff
4
On Nov 17, 2023, at 4:15 PM, Goode, Owen
<ogoode@slocity.org> wrote:
Hi Chuck,
We have identified that this will require a
modification to the case number ARC 124-
06-1. I have started our internal case file for
this, but I will need a completed planning
application attached and a “project
description” which would just be an updated
letter of your request. The letter that was
previously provided refers to intending to
sell the home to the existing resident which
goes against the municipal code of allowing
the homeowner to select the buyer or
tenant. Once we complete the application
process, we can generate the invoice which
will be $5,144.21. Please let me know if you
have any follow-up questions. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA
93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image00
4.png>
Stay connected with the City by signing up
for e-notifications
From: Chuck Braff
<chuck@bowtieholdings.com>
Sent: Monday, November 13, 2023 8:31 AM
To: Goode, Owen <ogoode@slocity.org>
5
Cc: Bell, Kyle <KBell@slocity.org>
Subject: Re: Affordable Units - Parkwood and
Laurel
Thank you for replying Owen.
I was under the impression that you were going
to go back and confirm the application that this
property was associated with. I will review the
MOD application and get that submitted.
Thank you.
I
w
i
l
l
n
e
e
d
t
o
g
o
b
a
c
k
t
o
c
o
n
f
i
r
m
t
h
e
a
p
p
l
i
c
a
9
m
o
v
e
f
o
r
w
a
r
d
w
i
t
h
t
h
i
s
.
Chuck Braff
On Nov 13, 2023, at 8:17 AM,
Goode, Owen
<ogoode@slocity.org> wrote:
Hi Chuck,
I’m in the office today and
was out Thursday and Friday
last week. I’ll be in the office
until 11:30 am today and
then will be out for a doctor’s
appointment. I mentioned
previously on November 1
that because this project
approval received planning
commission and council
approval, it requires an
application to be submitted
as a modification to the
original project approval from
10
the applicant. Have you
submitted the MOD
application for the project
approval? When the
application is received, we
can begin processing your
request. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis
Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.
png><image004.png>
Stay connected with the City
by signing up for e-
notifications
From: Chuck Braff
<chuck@bowtieholdings.com>
Sent: Wednesday, November 8,
2023 8:44 PM
To: Goode, Owen
<ogoode@slocity.org>
Cc: Bell, Kyle
<KBell@slocity.org>
Subject: Re: Affordable Units -
Parkwood and Laurel
Owen-
Where are we with this? I just
checked and we started this
process in October of 2021.
Please help me get this resolved
as I can no longer afford any
delays. Please call me
1
From:Gaby Perez <gaby@westpacinv.com>
Sent:Friday, February 2, 2024 11:14 AM
To:Business, Tax
Subject:FW: Kiva SLO, LP Business License Zoning Application
Attachments:Zoning Application copy.pdf
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hello,
Here is the revised zoning application. Please confirm receipt.
Thank you,
Gaby Perez
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, February 2, 2024 10:07 AM
To: Gaby Perez <gaby@westpacinv.com>
Cc: Henry Burrows <HenryBurrows@westpacinv.com>
Subject: Re: Kiva SLO, LP Business License
Chuck Braff
M: 310.990.6897
On Feb 1, 2024, at 11:34 AM, Gaby Perez <gaby@westpacinv.com> wrote:
Hi,
Can one of you fill out the attached form please and send back.
Thank you,
Gaby
<Zoning Application.pdf>
FINANCE & IT DEPARTMENT
Please send remittance to: 990 Palm Street, San Luis Obispo, CA 93401-3249
The Finance Dept. is open from 8:00 a.m. to 5:00 p.m. Monday through Friday (except holidays).
Have a question? Phone us at: (805) 781-7134 Email us at: bt@slocity.org Fax us at: (805) 781-7401
Telecommunications Device for the Deaf: (805) 781-7410
For information about the City, or to complete a business tax application, visit our Website at: www.slocity.org
The business tax certificate must be renewed annually by July 31st or the business owner will be considered in violation of the City’s Municipal Code and penalties will be
assessed. Additionally, late charges of 1.5% of the outstanding balance or $15 (whichever is greater) will apply to all account balances when payment is not received within 30
days and will be reassessed each 30 days thereafter when a balance remains outstanding. All returned checks will be assessed a service charge and the certificate will be nullified.
ZONING & BUILDING CLEARANCE
(For Businesses within the city limits of San Luis Obispo)
Your Business License/Tax Certificate will not be processed until your business location has been approved.
Please contact the COMMUNITY DEVELOPMENT DEPARTMENT at (805) 781-7170, or visit us at 919 Palm Street,
for assistance in filling out this form. Our office is open from 8 a.m. to noon and 1 to 3 p.m. Monday through Friday (except holidays).
Business Name: Business Address:
Previous Business Name: Previous Address:
Contact Name: Daytime Phone:
IF ONLY THE BUSINESS NAME OR OWNERSHIP HAS CHANGED, YOU MAY STOP HERE.
FOR ALL OTHER CHANGES, PLEASE COMPLETELY FILL OUT THIS FORM.
Former Tenant: Describe Adjacent Tenants:
Extent of alterations/tenant improvements planned:
Is your business located on: Ground Floor Upper Floor
Are you sharing space with another existing business? Yes No If yes, with whom?
Are you operating as an independent contractor leasing space at an existing business? Yes No
If yes, with what business?
Approx. floor area occupied by your business: sq. ft. Area devoted to outdoor storage: sq. ft.
Total number of off-street parking spaces provided exclusively for the business*:
* If the business shares off-street parking with another business, please provide a running total of the site’s parking requirements (maintained by
the property owner).
Estimated number of employees: Full-time: Part-time:
Extent of customer visitation:
Will your business create any nuisance (i.e. noise, odors, or waste products)? Yes No
If yes, what kind?
STAFF USE ONLY
What zone is this business in? Occupancy Class:
Total number of off-street parking spaces required by the City:
Zoning Regulations Classification:
Is this business allowed in this zone? Yes, permit not required. Yes, with a permit.
Date Approved: _________________________
Approved By:
(Planning)(Date) (Building)(Date)
Notes to file:
If your business is located within the city limits of San Luis Obispo, please complete the last page of this application.
Your application cannot be processed without this information.
Kiva SLO, LP 1150 Laurel Lane, Ste 130, San Luis Obispo
Kiva SLO , LP 1150 Laurel Lane, Ste 130, San Luis Obispo
Henry Burrows (805) 451-4314
1
From:Nelson, Trevor
Sent:Thursday, January 11, 2024 3:29 PM
To:Chuck Braff
Cc:Henry Burrows; Loew, Michael
Subject:RE: Laurel - TCO Request
Attachments:Invoice 00034438.pdf; 1150 Laurel Ln #175 BLDG-0188-2021 TCO 1.11.24.pdf; 1150 Laurel Ln #
190 BLDG-1509-2022 TCO 1.11.24.pdf; 1150 Laurel Ln #180 BLDG-2531-2020 TCO 1.11.24.pdf;
1150 Laurel Ln #186 BLDG-0793-2020 TCO 1.11.24.pdf; 1150 Laurel Ln #110 BLDG-0794-2020
TCO 1.11.24.pdf; 1150 Laurel Ln #184 BLDG-0795-2020 TCO 1.11.24.pdf
Chuck,
Please see the attached extended TCO’s and the associated fee invoice.
Looking forward to meeting on site next week.
Thank you,
Trevor Nelson
Supervising Building Inspector
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
slocity.org
Stay connected with the City by signing up for e-notifications
From: Loew, Michael <Mloew@slocity.org>
Sent: Tuesday, January 9, 2024 2:17 PM
To: Chuck Braff <chuck@westpacinv.com>; Nelson, Trevor <tnelson@slocity.org>
Cc: Henry Burrows <HenryBurrows@westpacinv.com>
Subject: RE: Laurel - TCO Request
Hi Chuck,
I reviewed the outstanding items, and we will be extending the expiration date on the TCO’s for 1150 Laurel Lane, this
includes the Cal Fire tenant space. Trevor and I have not been in the office together since before Christmas, but we
should be able to sort out the paperwork before the end of this week.
Thanks,
Michael Loew
Deputy Director/Chief Building Official
2
Community Development
E Mloew@slocity.org
T 805.781.7157
slocity.org
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, January 9, 2024 1:09 PM
To: Loew, Michael <Mloew@slocity.org>; Nelson, Trevor <tnelson@slocity.org>
Cc: Henry Burrows <HenryBurrows@westpacinv.com>
Subject: Fwd: Laurel - TCO Request
Michael-
We just got a note from CalFire saying they are cutting rent if they do not receive notice from us that the TCO is approved t oday.
An email from you suffices of course. Is there anyway you can send that email to me today? I do not require the official
paperwork. I am happy to pay the TCO extension fee of course. The loss of rent is substantial.
Thank you.
Chuck Braff
M: 310.990.6897
Begin forwarded message:
From: "Nelson, Trevor" <tnelson@slocity.org>
Subject: RE: Laurel - TCO Request
Date: January 5, 2024 at 2:26:40 PM PST
To: Chuck Braff <chuck@westpacinv.com>
Cc: Henry Burrows <HenryBurrows@westpacinv.com>
Chuck,
All (6) permits referenced in your recent TCO extension request have been updated with required
conditions.
They will be reviewed by the Building Official upon his return (Monday 1/8/24) and I will follow up after
with any corresponding invoice(s).
Thank you,
Trevor Nelson
Supervising Building Inspector
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
3
T 805.781.7153
slocity.org
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, January 2, 2024 2:24 PM
To: Nelson, Trevor <tnelson@slocity.org>
Cc: Henry Burrows <HenryBurrows@westpacinv.com>
Subject: Re: Laurel - TCO Request
I shared your previous email with the representative from Sacramento. Hoping that buys us some time. Thanks
again Trevor. I know this is out of the box at best. We appreciate any help you can give.
Chuck Braff
M: 310.990.6897
On Jan 2, 2024, at 2:19 PM, Charles Braff <chuck@westpacinv.com> wrote:
Trevor-
Can you please send through a TCO? CalFire is the first of a few tenants that will pay short on
their rent. Even an email will suffice I believe.
Thank you.
Chuck Braff
M: 310.990.6897
On Dec 4, 2023, at 3:08 PM, Nelson, Trevor <tnelson@slocity.org> wrote:
Chuck,
Received, thank you. I will provide invoice shortly and update TCO’s
accordingly for Building Official review.
Thanks,
Trevor Nelson
Supervising Building Inspector
<image001.png>
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Monday, November 27, 2023 2:33 PM
To: Nelson, Trevor <tnelson@slocity.org>
Cc: Loew, Michael <Mloew@slocity.org>; Henry Burrows
<HenryBurrows@westpacinv.com>
Subject: Laurel - TCO Request
4
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Trevor-
I think I got it right…
Can you please review the TCO app for the 6 outstanding permits? If I need to
amend something I will. If not, Please share invoice so I can pay online.
We appreciate it. Conversations seem to be going well out here and we will
start on completing work at the front entry next week and tidying up the site.
Thank you.
Chuck
Chuck Braff
M: 310.990.6897
INVOICE (00034438)
FOR CITY OF SAN LUIS OBISPO
BILLING CONTACT
INACTIVE
LAUREL CREEK LP
505 BATH St
SANTA BARBARA, CA 93101
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
00034438 01/11/2024 02/10/2024 NONEDue
REFERENCE NUMBER FEE NAME TOTAL
BLDG-0188-2021 Temporary Certificate of Occupancy $890.96
$890.96 SUBTOTAL1150 Laurel Ln 175 San Luis Obispo, CA 93401
TOTAL $890.96
Page 1 of 1January 11, 2024 City of San Luis Obispo
Temporary Certificate of
Occupancy
Building Address:1150 Laurel Ln
SAN LUIS OBISPO, CA 93401
Unit/Suite N190
APN:004-962-034Permit Number: BLDG-1509-2022
Project Description: RENOVATION OF EXISTING OFFICE SPACE: NON-
STRUCTURAL WALL AND PAOccupancy Group: Type of Const.:Fire Sprinkler Provided:
Business, professional offices (B)
III-B Yes
Code Year: 2019 Occupant Load:
Conditions of Approval:
Building Final approval required. AMMR permits BLDG-2361-2020, BLDG-0813-2021 must be finaled
prior to Final approval.
Fire Final approval required.
Surety Bond Type:Amount:
Building Owner:Laurel Creek LLC
1150 Laurel Ln, San Luis Obispo, CA 93401Owner's Address:
Chief Building Official
City of San Luis Obispo
This temporary certificate is issued pursuant to Section 111.3 of the 2013 California Building Code and attests that at the
time of issuance, this structure or portion thereof was inspected for compliance with the requirements of this code for the
occupancy and use specified herein, and was determined to be safe for temporary occupancy. If the Limitations/
Conditions of Approval listed above are not satisfied or if final approval is not obtained from the Building &
Safety Division by the expiration date this certificate will become null and void and continued occupancy of
the building will no longer be authorized.
Date Issued:
Expiration Date:April 01, 2024
January 11, 2024
Temporary Certificate of
Occupancy
Building Address:1150 Laurel Ln
SAN LUIS OBISPO, CA 93401
Unit/Suite N186
APN:004-962-018Permit Number: BLDG-0793-2020
Project Description: OFFICE TENANT IMPROVEMENT IN EXISTING WAREHOUSE
Occupancy Group: Type of Const.:Fire Sprinkler Provided:
Business, professional offices (B)
Yes
Code Year: 2019 Occupant Load:
Conditions of Approval:
Building Final approval required. AMMR permits BLDG-2361-2020, BLDG-0813-2021 must be finaled
prior to Final Approval.
Surety Bond Type:Amount:
Building Owner:Laurel Creek LP
1150 Laurel Ln, 120, San Luis Obispo, CA 93401Owner's Address:
Chief Building Official
City of San Luis Obispo
This temporary certificate is issued pursuant to Section 111.3 of the 2013 California Building Code and attests that at the
time of issuance, this structure or portion thereof was inspected for compliance with the requirements of this code for the
occupancy and use specified herein, and was determined to be safe for temporary occupancy. If the Limitations/
Conditions of Approval listed above are not satisfied or if final approval is not obtained from the Building &
Safety Division by the expiration date this certificate will become null and void and continued occupancy of
the building will no longer be authorized.
Date Issued:
Expiration Date:April 01, 2024
January 11, 2024
Temporary Certificate of
Occupancy
Building Address:1150 Laurel Ln
SAN LUIS OBISPO, CA 93401
Unit/Suite N184
APN:004-962-018Permit Number: BLDG-0795-2020
Project Description: TENANT IMPROVEMENT TO CREATE OFFICE IN EXISTING WAREHOUSE
Occupancy Group: Type of Const.:Fire Sprinkler Provided:
Business, professional offices (B)
Yes
Code Year: 2019 Occupant Load:
Conditions of Approval:
Building Final approval required. AMMR permits BLDG-2361-2020, BLDG-0813-2021 must be finaled
prior to Final Approval.
Surety Bond Type:Amount:
Building Owner:Laurel Creek LP
1150 Laurel Ln, 120, San Luis Obispo, CA 93401Owner's Address:
Chief Building Official
City of San Luis Obispo
This temporary certificate is issued pursuant to Section 111.3 of the 2013 California Building Code and attests that at the
time of issuance, this structure or portion thereof was inspected for compliance with the requirements of this code for the
occupancy and use specified herein, and was determined to be safe for temporary occupancy. If the Limitations/
Conditions of Approval listed above are not satisfied or if final approval is not obtained from the Building &
Safety Division by the expiration date this certificate will become null and void and continued occupancy of
the building will no longer be authorized.
Date Issued:
Expiration Date:April 01, 2024
January 11, 2024
Temporary Certificate of
Occupancy
Building Address:1150 Laurel Ln
SAN LUIS OBISPO, CA 93401
Unit/Suite N180
APN:004-962-018Permit Number: BLDG-2531-2020
Project Description: TENANT IMPROVEMENT TO AN EXISTING OFFICE SPACE
Occupancy Group: Type of Const.:Fire Sprinkler Provided:
Business, professional offices (B)
V-B Yes
Code Year: 2019 Occupant Load:
Conditions of Approval:
Building Final approval required.
Recycling Final approval required.
Fire Final approval required.
Surety Bond Type:Amount:
Building Owner:LAUREL CREEK LP
505 BATH St, SANTA BARBARA, CA 93101Owner's Address:
Chief Building Official
City of San Luis Obispo
This temporary certificate is issued pursuant to Section 111.3 of the 2013 California Building Code and attests that at the
time of issuance, this structure or portion thereof was inspected for compliance with the requirements of this code for the
occupancy and use specified herein, and was determined to be safe for temporary occupancy. If the Limitations/
Conditions of Approval listed above are not satisfied or if final approval is not obtained from the Building &
Safety Division by the expiration date this certificate will become null and void and continued occupancy of
the building will no longer be authorized.
Date Issued:
Expiration Date:April 01, 2024
January 11, 2024
Temporary Certificate of
Occupancy
Building Address:1150 Laurel Ln
SAN LUIS OBISPO, CA 93401
Unit/Suite N175
APN:004-962-018Permit Number: BLDG-0188-2021
Project Description: TI TO AN EXISTING OFFICE SPACE-CAL FIRE
Occupancy Group: Type of Const.:Fire Sprinkler Provided:
Business, professional offices (B)
III-B Yes
Code Year: 2019 Occupant Load:
Conditions of Approval:
Fire Final Approval required.
Building Final Approval required. Prework permit BLDG-2051-2020 and AMMR permits
BLDG-2361-2020, BLDG-0813-2021 must be finaled prior to Final Approval.
Surety Bond Type:Amount:
Building Owner:LAUREL CREEK LP
505 BATH St, SANTA BARBARA, CA 93101Owner's Address:
Chief Building Official
City of San Luis Obispo
This temporary certificate is issued pursuant to Section 111.3 of the 2013 California Building Code and attests that at the
time of issuance, this structure or portion thereof was inspected for compliance with the requirements of this code for the
occupancy and use specified herein, and was determined to be safe for temporary occupancy. If the Limitations/
Conditions of Approval listed above are not satisfied or if final approval is not obtained from the Building &
Safety Division by the expiration date this certificate will become null and void and continued occupancy of
the building will no longer be authorized.
Date Issued:
Expiration Date:April 01, 2024
January 11, 2024
Temporary Certificate of
Occupancy
Building Address:1150 Laurel Ln
SAN LUIS OBISPO, CA 93401
Unit/Suite N110
APN:004-962-018Permit Number: BLDG-0794-2020
Project Description: WAREHOUSE TENANT IMPROVEMENT
Occupancy Group: Type of Const.:Fire Sprinkler Provided:
Business, professional offices (B)
Storage, moderate hazard (S-1)
Yes
Code Year: 2019 Occupant Load:
Conditions of Approval:
Building Final approval required. AMMR permits BLDG-2361-2020, BLDG-0813-2021 must be finaled
prior to Final Approval.
Fire Final approval required.
Surety Bond Type:Amount:
Building Owner:Laurel Creek LP
1150 Laurel Ln, 120, San Luis Obispo, CA 93401Owner's Address:
Chief Building Official
City of San Luis Obispo
This temporary certificate is issued pursuant to Section 111.3 of the 2013 California Building Code and attests that at the
time of issuance, this structure or portion thereof was inspected for compliance with the requirements of this code for the
occupancy and use specified herein, and was determined to be safe for temporary occupancy. If the Limitations/
Conditions of Approval listed above are not satisfied or if final approval is not obtained from the Building &
Safety Division by the expiration date this certificate will become null and void and continued occupancy of
the building will no longer be authorized.
Date Issued:
Expiration Date:April 01, 2024
January 11, 2024
1
From:Chuck Braff <chuck@westpacinv.com>
Sent:Tuesday, December 19, 2023 2:06 PM
To:Tway, Timothea (Timmi)
Subject:Re: Laurel Creek - call follow up
Perfect
Chuck
310.990.6897
Sent from my iPhone.
On Dec 19, 2023, at 1:59 PM, Tway, Timothea (Timmi) <TTway@slocity.org> wrote:
I have something at 2 now, but could do 1:30,
Let me know!
Timmi
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, December 19, 2023 1:50 PM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Subject: Re: Laurel Creek - call follow up
If 2pm tomorrow still works let’s zoom then.
Chuck Braff
M: 310.990.6897
On Dec 19, 2023, at 8:18 AM, Tway, Timothea (Timmi) <TTway@slocity.org> wrote:
Hi Chuck,
I am available at 11 AM today, 2 PM tomorrow, 9 AM Thursday or anytime Friday
morning. Please let me know what works best for you.
Thanks!
Timmi
From: Chuck Braff <chuck@westpacinv.com>
Sent: Monday, December 18, 2023 4:29 PM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Subject: Re: Laurel Creek - call follow up
Timmi-
2
Are you available for a short call in the next couple of days? I want to continue our discussions
on how to move Laurel forward.
We’ve discussed the different strategies:
1- By-Right: Discuss
2- PD Overlay
3- General Plan Amendment
I’d like to get your final thoughts as we prepare to submit. Please let me know your next
available and I will have our team ready.
Thank you,
Chuck Braff
M: 310.990.6897
On Oct 16, 2023, at 9:46 AM, Tway, Timothea (Timmi) <TTway@slocity.org>
wrote:
Hi Chuck,
We need to keep the call internal for now, but I will give you a ring after
we have some direction internally.
Thanks!
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, October 13, 2023 10:26 AM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Patrick Smith <psmith@westpacinv.com>; Jonathan Branoff
<Jonathan@westpacinv.com>
Subject: Re: Laurel Creek - call follow up
Timmi-
Can we participate in the Monday meeting with the City's attorney? Happy to
call in or meet in person. If not, can we set up a call time with you following the
meeting? We are under pressure to continue to move this project along and
days matter.
Again, we appreciate the energy you have brought and are thrilled to have you
here in SLO.
3
Thank you,
Chuck Braff
M: 310.990.6897
On Oct 10, 2023, at 9:46 AM, Tway, Timothea (Timmi)
<TTway@slocity.org> wrote:
Pat –
I understand – I will share with the City Attorney and we
will give you some options for moving forward.
Timmi
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-
notifications
From: Patrick Smith <psmith@westpacinv.com>
Sent: Tuesday, October 10, 2023 9:11 AM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Jonathan Branoff
<Jonathan@westpacinv.com>
Subject: Re: Laurel Creek - call follow up
We need to move the process forward one way or the other.
We have the identical partners in all of the property as to
ownership.
The city code expressly allows transfers of density in the
property
I sincerely don’t see the issue with moving the planning
forward?
We can void the property lines at a moment’s notice. But this
seems like make work.
The property likes were put in place for financing options….and
follow the design and phasing plan discussed early on with the
city…this was
due to the property size and realistic timing for development
Please help get us moving
Best
Pat
4
Sent from my iPhone
Patrick Smith
Chief Executive Officer
Westpac Communities
505 Bath St.
Santa Barbara Ca. 93101
805.965.2100 (office)
970.987.1413 (cell)
805.965.2177(fax)
psmith@westpacinv.com
(Business)
n700ps@aol.com
(Personal)
On Oct 10, 2023, at 8:49 AM, Tway, Timothea
(Timmi) <TTway@slocity.org> wrote:
Hi Chuck,
Understandable – I have a conversation
with them scheduled for next Monday – it
was the earliest that I could find time that
we were available to talk internally. In the
meantime I have forwarded them your
request so they have it for consideration. I
can check in to see if they have initial
thoughts prior to our conversation,
Thanks,
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
Community Development
919 Palm, San Luis Obispo, CA 93401-
3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png>
<image003.png>
<image004.png>
5
Stay connected with the City by signing up
for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, October 10, 2023 8:47 AM
To: Tway, Timothea (Timmi)
<TTway@slocity.org>
Cc: Jonathan Branoff
<Jonathan@westpacinv.com>; Patrick Smith
<psmith@westpacinv.com>
Subject: Re: Laurel Creek - call follow up
Timmi-
How did your conversation with the City
Attorney’s office go? As you can imagine we are
anxious to hear back on how best to proceed
forward with Laurel Creek.
Chuck Braff
M: 310.990.6897
On Oct 6, 2023, at 9:11 AM,
Charles Braff
<chuck@westpacinv.com>
wrote:
Thank you Timmi. Please let us
know when you hear back.
Chuck Braff
M: 310.990.6897
On Oct 3, 2023,
at 3:49 PM,
Tway, Timothea
(Timmi)
<TTway@slocit
y.org> wrote:
6
Thank you
Jonathan,
Let me confer
with the City
Attorney’s
office and
planning team
and I will get
back to you,
Thanks,
Timothea
(Timmi)
Tway
Director of
Community
Development
<image001.pn
g>
Community
Development
919 Palm,
San Luis
Obispo, CA
93401-3249
E TTway@slo
city.org
T 805.781.718
7
slocity.org
<image002.pn
g><image004.
png><image0
05.png>
Stay
connected
with the City
by signing up
for e-
notifications
From: Jonathan
Branoff
<Jonathan@we
stpacinv.com>
Sent: Tuesday,
October 3,
2023 3:23 PM
To: Tway,
Timothea
(Timmi)
<TTway@slocit
y.org>
Cc: Patrick
Smith
<psmith@west
7
pacinv.com>;
Chuck Braff
<chuck@westp
acinv.com>
Subject: Laurel
Creek - call
follow up
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond
Hi Timmi,
On behalf of
Pat & Chuck,
please see the
message below.
Thank you for
chatting the
other day. We
appreciate you
taking time to
work with us to
find the best
possible
solution moving
forward.
After our call it
occurred to us
that having
multiple parcels
may not
technically be a
problem. Since
the underlying
ownership of all
of the parcels is
the same, we
believe there is
what is
considered to
be a “merger of
title”. This
legally
recognizes that
the multiple
parcels are in
actuality
treated as one.
Recognizing this
merger of title
would allow us
to move
8
forward
without
needing to
revisit the
previous
subdivision of
the parcel and
the
complications
that may be
caused as a
result of having
different
ownership on a
master
development.
Notwithstandin
g the above,
please consider
the following
recap of our
call below:
Laurel cannot
afford to
provide 25%
affordable
units. The land
purchase
coupled with
the costs to
improve the
property (more
than $8MM in
unexpected
costs) have left
us unable to
provide more
than the code
required
affordable
housing units.
We have spent
months trying
to make it
work, but it
does not pencil
out. Pat has
worked closely
with HASLO,
gifted more
than 10MM in
property in the
past 20 years,
9
and even
provided
HASLO with
reduced rent
for their office
space here at
Laurel.
We have been
working with
City staff for
some time on
the overall
planning for the
17+ acres. Once
we finalized our
vision we
worked with
Staff to divide
the property
into phase-able
and financeable
150+/- unit
parcels. Staff
supported this
effort as the
larger project
may be too
difficult to
finance and
construct
concurrently.
We had no idea
that subdividing
the parcels
would
potentially
impact our
ability to share
the very density
we were
proposing to
provide. Our
architect in
conjunction
with city staff
directed us to
an ordinance in
the zoning
regulations that
specifically
allows density
sharing across
contiguous
parcels with
10
common
ownership. We
have already
recorded a
Density Sharing
Agreement
across the
parcels and
believe it would
be treated
similarly to a
cross-parking
agreement.
It’s been posed
to us by city
staff that we
may be able to
cut down the
schedule
considerably by
using the
existing in place
zoning to
continue the
entitlements.
We would like
to move
forward as
expeditiously as
possible.
Again, it is our
hope that no
additional steps
are necessary
as a result of
the common
ownership of
the entire
project. We
would
encourage you
to speak with
the city
attorney to
verify this
position. We
would like the
city to re-
engage the
processing of
our plans for
approval in the
normal course
11
of the
entitlement
process and
look forward to
the necessary
hearings as
soon as
practical to
allow our
project to
proceed.
Thank you,
Jonathan
Branoff
Executive Vice
President
<image006.png
>
1150 Laurel Lane
| San Luis
Obispo, CA |
93401
jonathan@westp
acinv.com
O: 805.965.2100
M: 517.505.0083
1
From:Foster, Dylan
Sent:Wednesday, January 24, 2024 3:18 PM
To:Colin Brown
Subject:RE: Dec 12, 2023 Routine Inspection
Thanks Colin.
Much appreciated.
Dylan Foster
Environmental Compliance Inspector
Public Utilities
E dfoster@slocity.org
T 805.781.7413
C 805.434.8324
slocity.org
Stay connected with the City by signing up for e-notifications
From: Colin Brown <
Sent: Wednesday, January 24, 2024 3:17 PM
To: Foster, Dylan <dfoster@slocity.org>
Subject: Re: Dec 12, 2023 Routine Inspection
Hi Dylan,
Yes I did forward your email to Bang the Drum's management.
Kimberly - kimberly@bangthedrumbrewery.com
is the manager and she would be the person to speak to to move forward.
Best,
Colin Brown
On Wed, Jan 24, 2024 at 3:12 PM Foster, Dylan <dfoster@slocity.org> wrote:
Hi Colin,
Hope you’re doing well. Checking in on the below email sent back in December. Did you have a chance to forward
this info along to Bang the Drum management?
Do you have contact info (email or phone) you can share?
2
Thanks,
Dylan Foster
Environmental Compliance Inspector
Public Utilities
E dfoster@slocity.org
T 805.781.7413
C 805.434.8324
slocity.org
Stay connected with the City by signing up for e-notifications
From: Foster, Dylan
Sent: Tuesday, December 12, 2023 2:11 PM
To: Colin Brown <
Subject: RE: Dec 12, 2023 Routine Inspection
Colin,
Thanks for taking the time to meet with me today at Bang the Drum. A copy of the inspection can be accessed using
the link in the below email. The following action items are required as a result of the inspection:
Maintain records for grease trap cleaning onsite for a period of (3) years
Provide the previous (12) months’ worth of grease trap cleaning records via email within (7) days
Ensure all floor drains have strainers installed
Place all chemicals in secondary containment to avoid potential spills to floor drains
I checked through our records, and we do not have Bang the Drum permitted with our program. Since there is beer
brewing onsite, we will need to issue a Class I Industrial User permit. This is how we classify all breweries in town.
I’m planning to void the permit which was issued to you for this location, issue a new permit to Bang the Drum once
the attached permit survey is completed, and we’ll have Bang the Drum management be in charge of the permit. This
makes the most sense as you are running a mobile business that operates out of this kitchen, but ultimately we will
need whomever is in charge of the kitchen/brewery side to hold the permit.
3
Please forward this email to Bang the Drum management.
Thanks again for your time today!
Dylan Foster
Environmental Compliance Inspector
Public Utilities
E dfoster@slocity.org
T 805.781.7413
C 805.434.8324
slocity.org
Stay connected with the City by signing up for e-notifications
From: Dylan Foster <noreply-acp@aquaticinformatics.net>
Sent: Tuesday, December 12, 2023 1:56 PM
To: Colin Brown <
Cc: Foster, Dylan <dfoster@slocity.org>; Foster, Dylan <dfoster@slocity.org>
Subject: Dec 12, 2023 Routine Inspection
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hello,
An inspection of Tiny Cafe Coffee Cart (0905) located at 1150 Laurel Lane San Luis Obispo California 93401 was completed on
Dec 12, 2023.
A copy of the inspection report is available here:
https://sanluisobispoca.aquaticinformatics.net/Public/InspectionView/6370aad8-ee47-4ce6-b295-84b3cb5a17c2
If you have any questions or concerns, please contact me.
Thank you,
Dylan Foster
1
From:Goode, Owen
Sent:Monday, December 11, 2023 11:18 AM
To:Chuck Braff
Cc:Symens, Sadie; Cristi Fry; Hanh, Hannah; Heather Wiebe
Subject:RE: Affordable Housing Agreement - Laurel Creek
Attachments:Developer For-Rent Affordable Housing Agreement_Laurel Creek Apartments.pdf; Developer
For-Rent Affordable Housing Agreement_Laurel Creek Apartments.docx; Subordination
Agreement Laurel Creek Apartments.docx; Subordination Agreement Laurel Creek
Apartments.pdf
Hi Chuck,
Attached is the affordability agreement and subordination agreement in both word and pdf. format. If there are no
proposed changes, then please utilize the pdf. agreements to sign before the City. Upon receipt of the signed
agreements, I will coordinate an appointment to sign for the City so that we may record. Please note that the City
offices will be closed from Monday December 25 – January 1 and open starting January 2, 2024. I will be out of office
starting December 21 and required signatures on the City team may be difficult to coordinate the closer we get to the
closure. Thank you everyone for your assistance on completing these.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Wednesday, December 6, 2023 3:38 PM
To: Chuck Braff <chuck@westpacinv.com>
Cc: Symens, Sadie <SSymens@slocity.org>; Cristi Fry <cristi@coast-inc.com>; Hanh, Hannah <hhanh@slocity.org>; Heather
Wiebe <heather@arris-studio.com>
Subject: RE: Affordable Housing Agreement - Laurel Creek
This works great. Thank you for providing this.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
2
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Wednesday, December 6, 2023 3:03 PM
To: Goode, Owen <ogoode@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Cristi Fry <cristi@coast-inc.com>; Hanh, Hannah <hhanh@slocity.org>; Heather
Wiebe <heather@arris-studio.com>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Here you go. Happy to correct anything else you see.
Chuck Braff
M: 310.990.6897
On Dec 6, 2023, at 1:27 PM, Goode, Owen <ogoode@slocity.org> wrote:
Thank you for providing this. Is it possible to remove the callouts for the other suites? The writing likely
won’t be legible during recording and the County Clerk Recorder’s office may try and deny the exhibit
based on that. Additionally, does lower level mean first floor? If so, could we change that to what floor
this is calling out? Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Wednesday, December 6, 2023 1:23 PM
3
To: Goode, Owen <ogoode@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Cristi Fry <cristi@coast-inc.com>; Hanh, Hannah
<hhanh@slocity.org>; Heather Wiebe <heather@arris-studio.com>
Subject: Re: Affordable Housing Agreement - Laurel Creek
You might like this one better. Happy to make any necessary changes. Thanks Owen.
Chuck Braff
M: 310.990.6897
On Dec 6, 2023, at 10:00 AM, Charles Braff <chuck@westpacinv.com> wrote:
Owen-
Does this work?
We’d love to get this agreement moving along.
Thank you.
<Untitled copy.pdf>
Chuck Braff
M: 310.990.6897
On Sep 5, 2023, at 4:38 PM, Goode, Owen <ogoode@slocity.org> wrote:
Hi Chuck,
Thank you for providing this information. Regarding the map, this will be
an exhibit to the agreement and recorded. The county clerk recorder’s
office is very particular when it comes to the maps and it’s important that
they are simplified to show only the relevant information. Can you please
provide a map that only calls out the affordable unit? All other information
is not necessary or relevant for the exhibit. Please let me know if you
have any clarifying questions so we may avoid duplicating this effort. I’m
available for a phone call as well. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, September 5, 2023 8:58 AM
To: Symens, Sadie <ssymens@slocity.org>
4
Cc: Cristi Fry <cristi@coast-inc.com>; Hanh, Hannah <hhanh@slocity.org>;
Goode, Owen <ogoode@slocity.org>; Heather Wiebe <heather@arris-
studio.com>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Unit 109 (shown on plans as unit 115) is 415 sqft.
Note that on the plans this is unit 115 (plans were created prior to the
addressing being given)
<image005.png>
Chuck Braff
M: 310.990.6897
On Sep 1, 2023, at 11:44 AM, Symens, Sadie
<ssymens@slocity.org> wrote:
Hi Cristi,
If you provide the last info we need (map and square
footage of Unit 109), I can provide a clean PDF. Hannah
and/or Owen will coordinate signatures.
Thank you,
Sadie
From: Cristi Fry <cristi@coast-inc.com>
Sent: Friday, September 1, 2023 11:39 AM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff
<chuck@westpacinv.com>; Goode, Owen
<ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Sadie,
Do I "accept the changes" and use this word doc or will you be
providing a pdf to attach to the documents we are obtaining
signatures on?
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
5
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files
supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work
and/or as-built condition.
On Tue, Aug 29, 2023 at 1:42 PM Symens, Sadie
<ssymens@slocity.org> wrote:
Hello Cristi,
I’ve attached the revised Subordination Agreement,
acknowledging the modification to the deed of trust from
8/10/2023 and updated the legal description to match that
in Exhibit A of the modification and updating the signature
lines for lender and owner. I will work with Hannah on
getting you a revised Affordable Housing Agreement.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
City Attorney's Office
E ssymens@slocity.org
slocity.org
Stay connected with the City by signing up for e-
notifications
The information contained in this e-mail message is
intended only for the CONFIDENTIAL use of the
designated addressee named above. The information
transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work
product. Recipients should not file copies of this
email with publicly accessible records. If you are not
the designated addressee named above or the
authorized agent responsible for delivering it to the
designated addressee, you received this document
through inadvertent error and any further review,
dissemination, distribution or copying of this
communication by you or anyone else is strictly
prohibited. IF YOU RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER
NAMED ABOVE AT (805) 781-7140. Thank you.
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 29, 2023 1:03 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff
<chuck@westpacinv.com>; Goode, Owen
6
<ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hi Sadie,
There was a recent loan modification (8/10/23).
Sorry to do this, but please find attached an updated
hyperlinked title report that will necessitate revised lender
Subordination Agreements for the 3 documents that will
record concurrently with the Parcel Map (JUA, Affordable
Housing Agreement, and Notice of Requirements).
Please use the following format from the recent loan
modification for the lender signature = Brad Shain, Manager
Thanks for your patience,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files
supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work
and/or as-built condition.
On Tue, Aug 22, 2023 at 4:27 PM Symens, Sadie
<ssymens@slocity.org> wrote:
Hi Cristi,
My understanding is that the loan from CPIF California
LLC affects “Parcel 1,” which is now being subdivided
into Parcels 1-9 (the affordable unit being in new Parcel
7), so at least as to the Subordination Agreement, it will
refer to the entirety of the former “Parcel 1.”
We need the name and title of the person who will be
signing on behalf of lender. Can you please contact them
for this information? We cannot fill it in later or upon
execution.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
City Attorney's Office
E ssymens@slocity.org
slocity.org
7
Stay connected with the City by signing up for e-
notifications
The information contained in this e-mail message is
intended only for the CONFIDENTIAL use of the
designated addressee named above. The information
transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work
product. Recipients should not file copies of this
email with publicly accessible records. If you are not
the designated addressee named above or the
authorized agent responsible for delivering it to the
designated addressee, you received this document
through inadvertent error and any further review,
dissemination, distribution or copying of this
communication by you or anyone else is strictly
prohibited. IF YOU RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER
NAMED ABOVE AT (805) 781-7140. Thank you.
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 22, 2023 4:06 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Goode, Owen
<ogoode@slocity.org>; Symens, Sadie <ssymens@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hannah,
Thank you!
Lender Information - name and title is typically printed in by
the signator.
Shouldn't the legal description only encumber the airspace
parcel the designated affordable unit is located in (Parcel 7)
and not all 9 parcels?
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files
supplied in electronic format. Such data is being provided as a courtesy only. The
8
requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work
and/or as-built condition.
On Tue, Aug 22, 2023 at 2:51 PM Hanh, Hannah
<hhanh@slocity.org> wrote:
Chuck and Cristi,
Please coordinate with me on these agreements since
Owen is out of the office. See attached for the revised
agreements. I made edits based on the information
provided. There are just a few minor outstanding items
highlighted below.
Affordable Housing Agreement
Latest edits
o Unit 109 is now identified as the
affordable unit.
o The legal description has been updated
to match the legal description provided in
the 06/08/2023 preliminary title report.
The referenced APN now matches with
the APN provided by Cristi.
o 1160 Laurel, LLC and Patrick Smith are
now identified in the owner signature.
o Table for ‘Exhibit B’ is now partially
completed.
Outstanding information
o Provide a clean floor plan that identifies
the affordable unit, including the square
footage. This will be included as ‘Exhibit
B’ in the agreement. Please make sure
all information is legible as the Clerk will
reject any exhibits that are illegible.
Subordination Agreement
Latest edits
o 1160 Laurel, LLC and Patrick Smith are
now identified in the owner signature.
o The legal description has been updated
to match the legal description provided in
the 06/08/2023 preliminary title report.
The referenced APN now matches with
the APN provided by Cristi.
Outstanding information
o Please identify who will be signing for
CPIF California, LLC. The exact contact
is required.
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
9
E hhanh@slocity.org
T 805.781.7432
slocity.org
Stay connected with the City by signing up for e-
notifications
From: Hanh, Hannah
Sent: Friday, August 18, 2023 12:46 PM
To: Chuck Braff <chuck@westpacinv.com>; Cristi Fry
<cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie
<SSymens@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Since Owen is out of the office, let me speak to our
Housing team next week about an alternative. Those
folks are out of the office today and Monday, so I will
update you Tuesday, 08/22 on who to coordinate with
and wrap up the agreement.
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
T 805.781.7432
slocity.org
Stay connected with the City by signing up for e-
notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, August 18, 2023 10:47 AM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie
<ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen is out of the office until the 5th of September. Is there
someone else we can move this along with?
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:22 AM, Charles Braff
<chuck@westpacinv.com> wrote:
Please see attached. We can get you a clean
copy but this is the current addressing sheet
I received from Vanessa. Note unit 109 (top
right corner).
10
<1150 Laurel Lane - Addressing 2
(dragged).pdf>
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:16
AM, Cristi Fry <cristi@coast-
inc.com> wrote:
1. Chuck has confirmed that
Unit 109 is the designated
affordable apartment, which
is located within airspace
Parcel 7. He also emailed an
exhibit showing the location.
2. The legal description for
the Agreement should be:
Parcel 7 of Parcel
Map SLO 21-0007 per
map recorded in
Book ___ of Parcel
Maps, at Page _____,
on file in the office of
the County Recorder,
San Luis Obispo
County, California.
(The map book and page will
be filled in by the recorder
when it records
concurrently.)
3. Yes, that is format for
Laurel Creek, LP signtures on
the Affordable Housing
Agreement, the JUA, and the
Notice of Requirements. We
do not hardly ever know
who signs on behalf of the
lender and leave it blank to
fill in their name and title on
the Subordination
Agreements.
Please get the final
Affordable Housing
Agreement and the Notice
11
of Requirements to me, and
I will coordinate
owner/lender Notarized
signatures on all 3
documents (including the
JUA).
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering
& Survey, Inc.
785 High Street, San Luis
Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext.
55 (forwards to cell)
Coast Engineering & Survey, Inc.
(COAST) assumes no responsibility
for data files supplied in electronic
format. Such data is being provided as
a courtesy only. The requested
electronic file(s) remain the property of
COAST. No warranties or guarantees
are made that the files represent or
reflect the complete scope of work
and/or as-built condition.
On Thu, Aug 17, 2023 at
5:23 PM Goode, Owen
<ogoode@slocity.org>
wrote:
Hi Cristi, one follow up
question,
Is the signature image
you provided below for
the affordability
agreement? Could you
please confirm
appropriate contacts for
signatures for both Laurel
Creek, LP and the
Beneficiary CPIF
California, LLC, a
California limited liability
company.
I’d like to mention that I
will be out of office
starting tomorrow until
12
September 5, but these
drafts are nearly ready.
I’ve attached the drafts
here and there is just the
minor outstanding
information that is
needed. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis
Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image
003.png><image004.png
>
Stay connected with the
City by signing up for e-
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From: Goode, Owen
Sent: Thursday, August 17,
2023 5:13 PM
To: Cristi Fry <cristi@coast-
inc.com>
Cc: Symens, Sadie
<SSymens@slocity.org>;
Hanh, Hannah
<hhanh@slocity.org>
Subject: RE: Affordable
Housing Agreement - Laurel
Creek
Hi Cristi,
Could you please just
send me an updated
legal description, the
proposed affordable unit
number, and a site
plan/map identifying the
affordable unit? Thank
you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
13
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis
Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image
003.png><image004.png
>
Stay connected with the
City by signing up for e-
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From: Cristi Fry
<cristi@coast-inc.com>
Sent: Thursday, August 17,
2023 4:13 PM
To: Goode, Owen
<ogoode@slocity.org>
Cc: Symens, Sadie
<ssymens@slocity.org>;
Hanh, Hannah
<hhanh@slocity.org>
Subject: Re: Affordable
Housing Agreement - Laurel
Creek
Owen,
Chuck will need to provide
the unit number.
Attached are answers to
the questions within the
document (Comments say
made by Sarah Wells -
because I am working from
her old computer today....)
In addition, please fix the
APN reference at the end
of the document.
Parcel 1 was
assigned a new APN
after the LLA
recorded, APN 004-
962-042 (see
attached)
Snip below from the 2022
LLA, shows signature
format to use.
<image005.png>
Thank you!
14
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering
& Survey, Inc.
785 High Street, San Luis
Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext.
55 (forwards to cell)
Coast Engineering & Survey, Inc.
(COAST) assumes no responsibility
for data files supplied in electronic
format. Such data is being provided
as a courtesy only. The requested
electronic file(s) remain the property
of COAST. No warranties or
guarantees are made that the files
represent or reflect the complete
scope of work and/or as-built
condition.
On Thu, Aug 17, 2023 at
2:22 PM Goode, Owen
<ogoode@slocity.org>
wrote:
Good afternoon, Cristi,
Attached are drafts of
the Rental Affordability
Agreement for 1150
Laurel Lane with the
Subordination
agreement. Please
review the drafts and let
us know if you have any
questions. I did add
comments requesting
confirmation of the
affordable unit (suite
number and location),
as well as requesting
confirmation on
authorized signatories
for both documents.
Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community
15
Development
919 palm street, San
Luis Obispo, CA 93401-
3218
E ogoode@slocity.org
slocity.org
<image002.png><image
003.png><image004.pn
g>
Stay connected with the
City by signing up for e-
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From: Cristi Fry
<cristi@coast-inc.com>
Sent: Tuesday, August 15,
2023 3:33 PM
To: Symens, Sadie
<ssymens@slocity.org>;
Hanh, Hannah
<hhanh@slocity.org>;
Goode, Owen
<ogoode@slocity.org>
Subject: Fwd: Affordable
Housing Agreement -
Laurel Creek
If it helps, the owner's
representative says there
is a bond in place for the
lien with California Electric
Supply.
Cristi
Cristi E. Fry, PE, PLS
Principal
Surveyor/Engineer
COAST Engineering
& Survey, Inc.
785 High Street, San Luis
Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext.
55 (forwards to cell)
Coast Engineering & Survey, Inc.
(COAST) assumes no responsibility
for data files supplied in electronic
format. Such data is being provided
as a courtesy only. The requested
electronic file(s) remain the property
of COAST. No warranties or
guarantees are made that the files
represent or reflect the complete
16
scope of work and/or as-built
condition.
---------- Forwarded
message ---------
From: Jonathan
Branoff <Jonathan@west
pacinv.com>
Date: Tue, Aug 15, 2023 at
3:03 PM
Subject: RE: Affordable
Housing Agreement -
Laurel Creek
To: Cristi Fry
<cristi@coast-inc.com>,
Chuck Braff
<chuck@westpacinv.com>
, Patrick Smith
<psmith@westpacinv.com
>
There is a bond in place
for the lien with California
Electric Supply
From: Cristi Fry
<cristi@coast-inc.com>
Sent: Tuesday, August 15,
2023 1:35 PM
To: Chuck Braff
<chuck@westpacinv.com>
; Patrick Smith
<psmith@westpacinv.com
>; Jonathan Branoff
<Jonathan@westpacinv.co
m>
Subject: Fwd: Affordable
Housing Agreement -
Laurel Creek
Has the mechanic's lien
been resolved?
Cristi
Cristi E. Fry, PE, PLS
Principal
Surveyor/Engineer
17
COAST Engineering
& Survey, Inc.
785 High Street, San Luis
Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext.
55 (forwards to cell)
Coast Engineering & Survey, Inc.
(COAST) assumes no responsibility
for data files supplied in electronic
format. Such data is being provided
as a courtesy only. The requested
electronic file(s) remain the property
of COAST. No warranties or
guarantees are made that the files
represent or reflect the complete
scope of work and/or as-built
condition.
---------- Forwarded
message ---------
From: Goode,
Owen <ogoode@slocity.or
g>
Date: Tue, Aug 15, 2023 at
1:31 PM
Subject: RE: Affordable
Housing Agreement -
Laurel Creek
To: Cristi Fry
<cristi@coast-inc.com>,
Symens, Sadie
<ssymens@slocity.org>
Hi Cristi,
I’m working on the
affordable housing
rental agreement right
now for your team.
While affordable
housing agreements do
not require a lender’s
signature, lenders that
record liens against the
property will be required
to sign the subordination
agreement. Sadie is
helping me complete the
subordination
agreement for this
project. Can you please
confirm if the
mechanic’s lien filed by
California Electric
18
Supply been resolved?
This will help Sadie with
the completion of the
subordination
agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community
Development
919 palm street, San
Luis Obispo, CA 93401-
3218
E ogoode@slocity.org
slocity.org
<image002.png><image
003.png><image004.pn
g>
Stay connected with the
City by signing up for e-
notifications
From: Cristi Fry
<cristi@coast-inc.com>
Sent: Tuesday, August 15,
2023 1:27 PM
To: Symens, Sadie
<ssymens@slocity.org>
Cc: Goode, Owen
<ogoode@slocity.org>
Subject: Re: Affordable
Housing Agreement -
Laurel Creek
I was going off that
assumption, based on
email from Kyle. I am
coordinating lender
signatures now, so please
let me know as soon as
possible.
<image006.png>
Cristi
Cristi E. Fry, PE, PLS
19
Principal
Surveyor/Engineer
COAST Engineering
& Survey, Inc.
785 High Street, San Luis
Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext.
55 (forwards to cell)
Coast Engineering & Survey, Inc.
(COAST) assumes no responsibility
for data files supplied in electronic
format. Such data is being provided
as a courtesy only. The requested
electronic file(s) remain the property
of COAST. No warranties or
guarantees are made that the files
represent or reflect the complete
scope of work and/or as-built
condition.
On Tue, Aug 15, 2023 at
12:27 PM Symens, Sadie
<ssymens@slocity.org>
wrote:
Hi Cristi,
I’ve been working with
Owen on a
subordination
agreement for the
affordable housing
agreement, and I’m not
sure I understand your
statement that the AHA
does not need lender
subordination; can you
please explain why?
Also, Owen may have
already reached out
about this, but do you
know if the mechanic’s
lien filed by California
Electric Supply been
resolved?
Thank you,
Sadie
From: Cristi Fry
<cristi@coast-inc.com>
Sent: Tuesday, August
15, 2023 12:00 PM
To: Hanh, Hannah
<hhanh@slocity.org>
20
Cc: La Chaine, Steve
<slachaine@slocity.org>;
Chuck Braff
<chuck@westpacinv.com
>; Stong, Nate
<nstong@slocity.org>;
Symens, Sadie
<ssymens@slocity.org>;
Goode, Owen
<ogoode@slocity.org>
Subject: Re: Affordable
Housing Agreement -
Laurel Creek
Hello Hannah,
We are still awaiting the
Affordable Housing
Agreement (which does
not need lender
subordination). What is
the ETA on the
Affordable Housing
Agreement?
Please confirm we are
good to send the
attached Joint Use
Agreement (Sadie has
approved) and attached
Notice of Requirements
(Steve laChaine
prepared) for
owner and lender
signatures. These
documents both need
lender subordination.
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal
Surveyor/Engineer
COAST
Engineering &
Survey, Inc.
785 High Street, San Luis
Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
21
phone: 805-242-6365
ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc.
(COAST) assumes no
responsibility for data files
supplied in electronic format. Such
data is being provided as a
courtesy only. The requested
electronic file(s) remain the
property of COAST. No warranties
or guarantees are made that the
files represent or reflect the
complete scope of work and/or as-
built condition.
On Tue, Aug 8, 2023 at
2:54 PM Goode, Owen
<ogoode@slocity.org>
wrote:
This works thanks
Steve. Cristi, please
disregard my request.
Thanks everyone.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community
Development
919 palm street, San
Luis Obispo, CA
93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><ima
ge003.png><image00
4.png>
Stay connected with
the City by signing up
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From: La Chaine, Steve
<slachaine@slocity.org>
Sent: Tuesday, August 8,
2023 2:51 PM
To: Goode, Owen
<ogoode@slocity.org>;
Cristi Fry <cristi@coast-
inc.com>
Cc: Hanh, Hannah
<hhanh@slocity.org>;
Chuck Braff
<chuck@westpacinv.co
22
m>
Subject: RE: Affordable
Housing Agreement -
Laurel Creek
Check if links work on
this one.
Steve
From: Goode, Owen
<ogoode@slocity.org>
Sent: Tuesday, August 8,
2023 2:48 PM
To: Cristi Fry
<cristi@coast-inc.com>
Cc: Hanh, Hannah
<hhanh@slocity.org>;
Chuck Braff
<chuck@westpacinv.co
m>; La Chaine, Steve
<slachaine@slocity.org>
Subject: RE: Affordable
Housing Agreement -
Laurel Creek
Hi Cristi,
Can we please
receive a preliminary
title report where the
recorded documents
are linked for review
so that we may draft
the subordination
agreement
appropriately? Thank
you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community
Development
919 palm street, San
Luis Obispo, CA
93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><ima
ge003.png><image00
4.png>
Stay connected with
23
the City by signing up
for e-notifications
From: Cristi Fry
<cristi@coast-inc.com>
Sent: Monday, August 7,
2023 11:15 AM
To: Goode, Owen
<ogoode@slocity.org>
Cc: Hanh, Hannah
<hhanh@slocity.org>;
Chuck Braff
<chuck@westpacinv.co
m>; La Chaine, Steve
<slachaine@slocity.org>
Subject: Re: Affordable
Housing Agreement -
Laurel Creek
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Owen,
thank you for the
update
Cristi
Cristi E. Fry, PE, PLS
Principal
Surveyor/Engineer
COAST
Engineering &
Survey, Inc.
785 High Street, San Luis
Obispo, CA 93401
cristi@coast-inc.com
24
www.coast-inc.com
phone: 805-242-6365
ext. 55 (forwards to cell)
Coast Engineering & Survey,
Inc. (COAST) assumes no
responsibility for data files
supplied in electronic format.
Such data is being provided as a
courtesy only. The requested
electronic file(s) remain the
property of COAST. No
warranties or guarantees are
made that the files represent or
reflect the complete scope of
work and/or as-built condition.
On Mon, Aug 7, 2023 at
10:47 AM Goode, Owen
<ogoode@slocity.org>
wrote:
Hi Cristi,
I wanted to follow up
with you to provide
you a status update
on your affordability
agreement for Laurel
Creek Apartments.
Our team has been
working to update
our Affordable
Housing Rental
Agreement
Templates which is
why we had been
delayed in providing
a draft. I am drafting
the subordination
agreement for the
project today and will
complete the draft
rental agreement as
soon as we hear
back from our
attorney’s office on
our current draft of
the template. Please
reach out to me
directly if you have
any questions
regarding your
affordable housing
rental agreement.
Thank you.
25
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community
Development
919 palm street, San
Luis Obispo, CA
93401-3218
E ogoode@slocity.or
g
slocity.org
<image002.png><im
age003.png><image
004.png>
Stay connected with
the City by signing up
for e-notifications
From: Goode, Owen
Sent: Tuesday, July 11,
2023 1:45 PM
To: cristi@coast-
inc.com
Cc: Hanh, Hannah
<hhanh@slocity.org>
Subject: Affordable
Housing Agreement -
Laurel Creek
Hi Cristi,
My name is Owen
Goode and I’m an
Assistant Planner for
the Housing Policies
and Programs Team.
I’ll be providing you
with the affordable
housing rental
agreement this week.
Please reach out to
me directly with any
affordable housing
questions you may
have as it pertains to
your project at Laurel
Creek Apartments.
Thank you.
Best,
Owen Goode
Assistant Planner
26
<image001.png>
Community
Development
919 palm street, San
Luis Obispo, CA
93401-3218
E ogoode@slocity.or
g
slocity.org
<image002.png><im
age003.png><image
004.png>
Stay connected with
the City by signing up
for e-notifications
-1-
12767-0008\2769111v2.doc
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
With a copy to:
APN(s): ________________
SPACE ABOVE THIS LINE FOR RECORDER’S USE
This Subordination Agreement is recorded for the benefit of the City of San Luis Obispo
and is exempt from recording fees pursuant to Sections 6103, 27383 and 27388.1
of the California Government Code.
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER SECURITY INSTRUMENT
THIS SUBORDINATION AGREEMENT (“Subordination Agreement”) is dated
, 202_, and is entered into by Laurel Creek, LP, a California limited
partnership, the owner (“Owner”) of the land described on Exhibit “A” and the improvements
thereon (“Property”), by the present owner and holder of the CPIF California LLC, a California
limited liability company, as beneficiaries under the deed of trust hereinafter described
(hereinafter collectively referred to as “Beneficiary), and by the City of San Luis Obispo, a
municipal corporation (“City”) as a party to that certain Affordable Housing Agreement and
Declaration of Restrictive Covenants (Laurel Creek Apartments) executed by Owner in favor of City
with respect to the Property.
RECITALS
A. Beneficiary has made a $44,500,000.00 loan to Owner as an equity line/revolving
line of credit, which is secured by a deed of trust dated March 31, 2021, recorded on April 1, 2021,
as Instrument No. 2019-031550 in the Official Records of San Luis Obispo County, California
(“Official Records”).
-2-
12767-0008\2769111v2.doc
B. The City and Owner have entered into an Affordable Housing Agreement and
Declaration of Restrictive Covenants Laurel Creek Apartments dated _____________, 202__,
and recorded in the Official Records concurrently herewith (“Affordable Housing Agreement”),
that requires Owner to construct and either rent or offer for sale certain dwelling units on the
Property to households of certain income levels at certain affordable rents or prices, in accordance
with the City’s Inclusionary Housing Ordinance and the conditions of approval of the project
known as the Laurel Creek Apartments on the Property.
C. City requires that such Affordable Housing Agreement not be extinguished upon a
foreclosure of the Deed of Trust, and that Owner and Beneficiary execute, acknowledge and deliver
this Subordination Agreement for recording in the Official Records to confirm such Affordable
Housing Agreement will survive the foreclosure of the Deed of Trust.
D. City would not grant approval of the (Laurel Creek Apartments) without this
Subordination Agreement.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto
and other valuable consideration, the sufficiency of which is hereby acknowledged, it is hereby
declared, understood, and agreed as follows:
1. The Affordable Housing Agreement, and the covenants and restrictions therein, and
all amendments, modifications, extensions and renewals thereof, shall be and
remain at all times an encumbrance on the Property prior and superior to the lien of
the Deed of Trust, and as it may be further amended, restated, replaced,
supplemented or otherwise modified from time to time. The Beneficiaries further
agree that should the Beneficiaries acquire title to all or any portion of the Property
by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure, or any
other remedy in or relating to the Deed of Trust, the undersigned Beneficiary will
acquire title subject to the provisions of the Affordable Housing Agreement, which
shall remain in full force and effect. Notwithstanding the foregoing, the payment
obligations under the Affordable Housing Agreement, contingent or otherwise, will
not be accelerated by foreclosure or deed-in-lieu of foreclosure of the Deed of
Trust, but will remain due and owing in accordance with the express terms and time
periods set forth in the Affordable Housing Agreement.
2. This Subordination Agreement shall be the whole and only agreement with regard
to such subordination of the Deed of Trust to the Affordable Housing Agreement.
3. This Subordination Agreement shall be binding upon Owner, Beneficiaries and
City and shall insure to the benefit of the respective legal successors, transferees
and assigns of the Owner, Beneficiaries and City.
4. This Subordination Agreement shall be governed by the laws of the State of
California.
5. If any provision of this Subordination Agreement shall be determined to be invalid
or unenforceable to any extent, then the other provisions hereof shall not be affected
-3-
12767-0008\2769111v2.doc
thereby and shall be enforceable to the full extent permitted by applicable law.
6. This Subordination Agreement may be executed in counterparts, which
counterparts shall be construed as a single document and have the same effect as if
all of the parties had executed the same instrument.
[Remainder of this page intentionally left blank]
[Signatures appear on next page]
-4-
12767-0008\2769111v2.doc
IN WITNESS WHEREOF, this Subordination Agreement has been executed as of the date
first above written.
CITY: CITY OF SAN LUIS OBISPO,
a municipal corporation
By:
Print Name: Timothea “Timmi” Tway
Title: Community Development Director
APPROVED AS TO FORM:
J. Christine Dietrick, City Attorney
OWNER: Laurel Creek, LP,
a California limited liability company
By:
Print Name:
Title: __
BENEFICIARY: CPIF California, LLC, a California limited liability
company
By:
Print Name:
Title: _______________________________
-5-
12767-0008\2769111v2.doc
EXHIBIT "A"
DESCRIPTION OF PROPERTY
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
PARCEL A:
(Parcel 1 of SLO AL 22-0011 – Doc. #2022-032524)
Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19-0114, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to map recorded November 25, 2020 in Book
82, Page 82 of Parcel Maps, filed in the office of the County Recorder of said County, lying southerly and
southwesterly of the following described line:
Beginning at the southeasterly corner of said Parcel 2, being a point in the westerly right of way line of
Laurel Lane, 81.00 feet wide, as shown on said map; thence along the southerly line of said Parcel 2,
North 57°16’14” West 337.08 feet, to an angle point on said line; thence South 48°53’54” West 51.39
feet to a point on said line; thence leaving said line, North 57°36’19” West 28.10 feet; thence North
12°17’31” West 24.98 feet; thence North 57°12’35” West 168.58 feet; thence North 32°42’19” East
50.90 feet; thence North 57°17’41” West 290.55 feet; thence South 32°42’19” West 16.63 feet; thence
North 57°17’41” West 275.64 feet, more or less, to a point on the westerly line of said Parcel 1, distant
South 41°13’29” West 117.83 feet from the most northerly corner of said Parcel 1 as shown on said
map.
PARCEL A-1:
Non-exclusive easements for access, parking and utilities and incidental rights thereto as set forth in
that certain document entitled, "Reciprocal Easement Agreement and Declaration of Covenants,
Conditions and Restrictions" recorded on November 25, 2020 as instrument no. 2020-69315, San Luis
Obispo County Official Records. Portion of 004-962-034 and Portion of 004-962-035
-6-
12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
-7-
12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
-8-
12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
No fee for recording pursuant to (Space above for Recorder's Use)
Government Code Section 27383
BELOW MARKET RATE RENTAL HOUSING AGREEMENT AND DECLARATION
OF RESTRICTIVE COVENANTS
(Below Market Rate Rental Unit [1150 Laurel Lane, Unit 109] for
Laurel Creek Apartments)
This BELOW MARKET RATE RENTAL HOUSING RENTAL RESTRICTION
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS ("Agreement") is
made and entered into on this ______ day of __________________, 20__, by and between the
City of San Luis Obispo, a California charter city and municipal corporation (the "City"), and
Laurel Creek, LP, a California limited partnership (the "Owner"), collectively referred to as the
"Parties."
RECITALS
A. Owner is the owner of certain real property located at 1150 Laurel Lane in the City,
which is more particularly described in attached Exhibit A incorporated herein by this reference
(the "Property").
B. On November 18, 2020, the Planning Commission adopted Resolution No. PC-
1027-2020 (ARCH-0227-2020 & USE-0228-2020) (the "Project Approvals") to approve
Owner's construction of 100 residential units on the Property (the "Project").
C. To satisfy the Project’s requirements under the City’s Inclusionary Housing
Ordinance, Municipal Code Chapter 17.138, (the “Inclusionary Housing Ordinance”) the
Parties have agreed that the Owner is required to rent 1 low- or moderate-income dwelling unit
(the “Affordable Units”), as shown in Exhibit B, and in conformance with the income limits as
published by the State Department of Housing and Community Development.
D. Rental prices are described herein and established by the City’s “Below Market
Rate Housing Standards” and the “Below Market Rate Rental Housing Guidelines” published
by the City’s Community Development Department.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
2
E. Pursuant to the Inclusionary Housing Ordinance and the Below Market Rate
Housing Standards, the Owner is required maintain the affordability of the Affordable Unit for a
period of fifty-five (55) years from the date of the issuance of the occupancy permit for the
Affordable Unit (the "Affordability Period"). To ensure continued affordability and in
accordance with Government Code Section 27281.5, this Agreement will be recorded against the
Property with the Clerk-Recorder of the County of San Luis Obispo.
F. Owner acknowledges and agrees that the Project Approvals provided adequate and
proper notice pursuant to Government Code Section 66020 of Owner's right to protest any
requirements for fees, dedications, reservations, and other exactions as may be included in this
Agreement, that no protest in compliance with Section 66020 was made within ninety (90) days
of the date that notice was given, and that the period has expired in which Owner may protest any
and all fees, dedications, reservations, and other exactions as may be included in this Agreement.
AGREEMENT
NOW, THEREFORE, the Parties agree and acknowledge that the above recitals are true
and accurate, and are incorporated into this Agreement by this reference, and the Parties mutually
acknowledge and agree as follows:
ARTICLE 1.
DEFINITIONS AND EXHIBITS
Section 1.1. Recitals. The recitals set forth above are true and correct and incorporated
herein as if set forth in full.
Section 1.2. Definitions. In addition to terms defined elsewhere in this Agreement, the
following terms have the following meanings in this Agreement:
(a) “Administrator” means Below Market Rate Program Administrator which
may either be the City itself or a third-party administrator acting as an agent for the City in
connection with all aspects of the operation of the City's Below Market Rate program pursuant to
an Agreement entered into between the City and the Administrator, as such Agreement may be
amended or replaced from time to time.
(b) "Affordable Rent" means the maximum total of monthly payments by the
Tenant of an Affordable Unit, which is to be calculated in accordance with the formula provided
in the City of San Luis Obispo Below Market Rate Housing Standards.
(c) “Affordable Units” means the Units which are required by this Agreement
to be rented to Eligible Households at an Affordable Rent.
(d) “Area Median Income” shall mean the median gross yearly income
adjusted for assumed Household Size, in San Luis Obispo County, California, as published and
periodically updated by the State Department of Housing and Community Development (HCD),
or in the event that such income determinations are no longer published or are not updated for a
period of at least eighteen (18) months, the median gross yearly income adjusted for assumed
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
3
Household Size, in San Luis Obispo County, California as published and periodically updated by
the Department of Housing and Urban Development (HUD).
(e) "Director" means the Community Development Director of the City or the
Director’s assignee.
(f) "Eligible Household" means a household which has been determined by
the Administrator or other agency designated by the Director to be eligible to rent an Affordable
Unit as a Low- or Moderate- Income Household, in compliance with the Below Market Rate
Housing Standards and this Agreement.
(g) "Eligibility Screening" is defined as the process of determining eligibility
in accordance with the City’s Below Market Rate Housing Standards and Below Market Rate
Rental Housing Guidelines.
(g) "Household Income" means the combined gross, pre-tax income of all
adult occupants of the applicant household.
(h) "Household Size" shall mean the actual number of persons residing within
the applicable household.
(i) "Income Certification" means a Tenant’s initial income
certification/certificate of resident eligibility, and includes all sources used in verifying income
and assets (including, but not limited to, third party verification, checking and savings accounts,
pay stubs, verification of assets, etc.).
(j) "Low Income Household - " is defined in the City of San Luis Obispo's
Below Market Rate Housing Standards and means a household with a Household Income that does
not exceed 80% of the Area Median Income.
(k) "Moderate Income Household - " is defined in the City of San Luis
Obispo's Below Market Rate Housing Standards and means a household with a Household Income
that does not exceed 120% of the Area Median Income.
(l) “Marketing” or “Market” is defined as a service in which the Owner or
Administrator will Market the vacancy of a new and/or existing Affordable Unit(s). Marketing
may utilize social media and in-person outreach as well as the listing of the Affordable Unit on the
Administrator’s website.
(m) “Opportunity Drawing” is defined as the process in which interested
households are put into an interest list for a specific Affordable Unit that is being marketed. This
list is ordered based on the preferences set forth in the City’s Below Market Rate Rental Housing
Guidelines, in the order that the Eligible Household applied for the Affordable Unit, and then
randomized thereafter.
(n) "Tenant" is a household occupying an Affordable Unit pursuant to a valid
lease with the Owner.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
4
(o) "Term" shall mean the term of this Agreement, which shall be in effect for
a fifty-five (55) year period from the date that a certificate of occupancy is issued for the last
Affordable Unit to be completed.
Section 1.3. Exhibits. The following exhibits are attached to this Agreement:
Exhibit A Legal Description of the Property
Exhibit B Map Showing Location of Affordable Units and Schedule of Affordable
Units.
ARTICLE 2.
CONSTRUCTION OF PROJECT AND AFFORDABLE UNITS
Section 2.1. Construction of Affordable Units. The Parties have agreed that the Owner
shall construct and make available one unit as Affordable Units in the Project on the Property for
the duration of the Term.
Section 2.2. Design and Appearance of Affordable Units. The Owner agrees to provide
the Affordable Units with a bedroom count mix of one studio unit in the location shown and
described on Exhibit B during the Term, in conformance with the rental prices and income limits
established by the Below Market Rate Housing Standards. If, after recordation of this Agreement,
the Owner proposes to change the bedroom size or affordability level of any Affordable Units
within the Project, the Owner shall submit a written request to amend this Agreement for such
change to the Director, who shall have sole discretion to approve or deny such request
(amendments shall comply with Section of 5.8 of this Agreement). Tenants in all Affordable Units
shall have equal access to and enjoyment of all common facilities of the Project.
Section 2.3. Construction Timing. The Affordable Units shall be constructed in
proportion to construction of the other units in the Project pursuant to the schedule in Exhibit B.
No certificates of occupancy or final inspections shall be issued for any units in the Project unless
a proportional number (generally one certificate of occupancy for an Affordable Unit for each 50
other units issued certificates of occupancy) of certificates of occupancy or final inspections have
been issued for Affordable Units unless an alternate phasing plan has been approved as part of the
Project approvals.
ARTICLE 3.
RENTAL AND REGULATORY PROVISIONS
Section 3.1. Affordability and Occupancy Covenants. The Owner agrees to rent to and
restrict occupancy of the Affordable Units to Eligible Households earning not more than the
income levels which are set forth in City’s Below Market Rate Housing Standards and as more
particularly described in Exhibit B. The Affordable Units shall be used exclusively for rental
housing for the Term. The Affordable Units shall not be kept vacant or used for any purpose
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except for residential use and shall be offered for rent only to Eligible Households at Affordable
Rents in compliance with Exhibit B.
(a) Schedule of Affordable Rents. The City has provided the Owner with a
schedule of Affordable Rents for the Affordable Units in effect on the date of this Agreement.
Affordable Rents may be adjusted annually in accordance with the rent limits set forth in the City’s
Below Market Rate Housing Standards. The Owner shall not charge any fee other than rent
inclusive of cost of utilities (utilities are limited to: water, sewer, electricity, gas, garbage,
recycling, and green waste) to any Tenant of Affordable Units for any housing or other services
provided by Owner.
(b) In the event a Tenant’s income exceeds the qualifying income for the
Affordable Unit, Owner shall not be entitled to any rent in excess of the Affordable Rent for the
Affordable Unit. If, upon recertification of a Tenant's income, the Owner and the City’s Below
Market Rate Administrator determine that the Tenant's income has increased and exceeds the
qualifying income for the Affordable Unit’s designated household income threshold, then Owner
shall serve or cause to be served upon the Tenant a ninety (90) day written notice to vacate the
Unit upon discovery that the Tenant’s income exceeds the qualifying income for the Affordable
Unit, if the Tenant is on a month-to-month tenancy. If the over-income Tenant has a fixed-term
lease, the Owner shall serve a written notice at least 90 days prior to the termination of the fixed-
term lease that the tenancy will not be renewed and will automatically terminate upon expiration,
except that if the Owner discovers that the Tenant’s income exceeds the qualifying income less
than 90 days prior to the termination of the fixed-term lease, the Owner shall serve a 90 day written
notice to vacate the unit.
Section 3.2. Services by Administrator . In order to maintain compliance with the City’s
Below Market Rate Housing Program and reporting requirements, the Owner shall utilize the City’s
Administrator or other agency designated by the Director. The Administrator’s services include but
are not limited to marketing of available unit(s), Eligibility Screening, selection of applicants
through an Opportunity Drawing, and re-certifications. Utilization of these services may subject
Owner to additional fees.
Section 3.3. Agreement to Limitation on Rents. The Owner covenants that it has agreed
to limit Rents under Civil Code Sections 1954.52(b) and 1954.53(a)(2), as provided in this
Agreement, in consideration for the Project approved by the City and proposed by the Owner. The
Owner hereby covenants that the certain provisions of Civil Code Section 1954.51 et seq. (the
"Costa-Hawkins Act") do not apply. The Owner hereby covenants that any Affordable Units
provided pursuant to this Agreement are not subject to Civil Code Section 1954.52(a) or any other
provision of the Costa-Hawkins Act inconsistent with controls on rents. The Owner further
covenants that this Agreement complies with all federal, State, and City laws and ordinances and
that the terms of this Agreement are fully enforceable.
Section 3.4. Income Certification. Prior to Owner entering into a lease with a prospective
Tenant of an Affordable Unit, the prospective Tenant’s household shall be certified as an Eligible
Household by the Administrator of the City of San Luis Obispo or other agency designated by the
Director.
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(a) The Owner will obtain, complete and maintain on file, immediately prior to
initial occupancy and annually thereafter, income certifications for each Tenant renting any of the
Affordable Units. Owner shall obtain written certification by the Administrator or other agency
designated by the Director that the Affordable Units are being occupied by Eligible Households in
compliance with the terms of this Agreement.
(b) Income certifications and re-certifications shall be conducted by the Below
Market Rate Administrator or other agency designated by the Director. Upon request, the Owner
may certify or re-certify the annual income of Tenants on their own, a representative of the Owner
shall attend a workshop or training session hosted by the Administrator. These workshops and
trainings may have associated costs. Should the Owner wish to perform the certifications or
recertifications, the process will be subject to review by the Administrator. The Owner shall not
self-select residents nor conduct initial eligibility screenings.
Section 3.5. Reports to City. The Owner shall submit to the Administrator on or before
July 31st of each year, or at other such interval as mutually agreed by the Parties, and at any other
time at request by the City and upon five (5) business days’ notice to Owner, a report in a form
acceptable to the City to enable the City to verify that the Affordable Units are being occupied by
Eligible Households in compliance with the terms of this Agreement. At a minimum, information
to be submitted shall include:
(a) Certifications of eligibility for all Tenants of Affordable Units at the time
of initial occupancy. Such certification shall include verified income statements and number of
persons in each Affordable Unit.
(b) Certification of the amount of rent charged for the year for all Affordable
Units.
(c) Other information reasonably required by the City and Administrator.
Section 3.6. Inspections. The City reserves the right to inspect the Affordable Units
upon reasonable notice to the Owner to ensure that the Affordable Units are being maintained,
operated, and used consistent with this Agreement and applicable federal, state and local codes.
The Owner agrees to correct all conditions found by such inspections not to conform to the
applicable requirements within ninety (90) days of delivery of written notice from the City, or such
period as necessary to correct the violations as determined by the Director, provided that
corrections are commenced within ninety (90) days and prosecuted diligently to completion.
Failure to maintain the Affordable Units as required by this Agreement or to correct such
conditions shall be a Default, as defined below.
Section 3.7. Management Responsibilities. The Owner is responsible for all
management functions with respect to the Project, including, without limitation, evictions,
collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs,
replacement of capital items, and security. The City shall have no responsibility over management
of the Project.
Section 3.8. Property Maintenance. The City places prime importance on quality
maintenance to ensure that all developments within the City which include Affordable Units are
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not allowed to deteriorate due to below-average maintenance. The Owner shall provide the
Affordable Units with the same level and quality of maintenance, including performance of repairs
and periodic replacement of fixtures as the other units in the Project. The Owner agrees that it or
its agents will maintain all interior and exterior improvements, including landscaping, on the
Property in good condition and repair (and, as to landscaping, in a healthy condition) and in
accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state,
county, municipal, and other governmental agencies and bodies having or claiming jurisdiction
and all their respective departments, bureaus, and officials.
Section 3.9. Taxes and Assessments. The Owner shall pay all real and personal property
taxes, assessments, if any, and charges and all franchise, income, employment, old age benefit,
withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such
manner as to prevent any penalty from accruing, or any lien or charge from attaching to the
Property; provided, however, that the Owner shall have the right to contest in good faith, any such
taxes, assessments, or charges. In the event the Owner exercises its right to contest any tax,
assessment, or charge against it, the Owner, on final determination of the proceeding or contest,
shall immediately pay or discharge any decision or judgment rendered against it, together with all
costs, charges and interest.
Section 3.10. Laws and Regulations. The Owner acknowledges that Owner is familiar
with and will comply with all local and State laws and regulations that pertain to construction,
health and safety, labor (including payment of prevailing wages if applicable), fair housing
practices, equal opportunity and all other matters applicable to maintaining sound, safe and
affordable rental housing.
Section 3.11. Residential Use. None of the Affordable Units in the Project will at any
time be utilized on a transient basis or will ever be used as a hotel, motel, homestay, dormitory,
fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court
or park, nor shall the Affordable Units be used as a place of business except as may otherwise be
allowed by applicable law.
Section 3.12. Nondiscrimination. All of the Affordable Units shall be available for
occupancy on a continuous basis to members of the general public who are income eligible. There
shall be no discrimination against or segregation of any person or group of persons, on account of
race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, familial status, sex, gender, gender identity, gender
expression, age, sexual orientation, source of income, or veteran or military status in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of any Affordable Unit, nor shall
Owner or any person claiming under or through the Owner, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location, number, use,
or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Affordable Unit or in
connection with the employment of persons for the operation and management of the Project.
Section 3.13. Housing Voucher Holders. The Owner shall accept as tenants, on the same
basis as all other prospective tenants, persons who are recipients of certificates for rent subsidies
pursuant to the existing housing program under Section 8 of the United States Housing Act, or its
successor, or any other program in which lawful, verifiable income is paid to a tenant or to a
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housing provider on behalf of a Tenant. The Owner shall not apply selection criteria to holders of
Section 8 certificate or similar certificates or vouchers that is more burdensome than criteria
applied to all other prospective tenants, nor shall the Owner apply or permit the application of
management policies or lease provisions with respect to the Project which have the effect of
precluding occupancy of units by such prospective tenants.
Section 3.14. Notice of Expiration of Term. At least six (6) months prior to the expiration
of the Term, Owner shall provide by first-class mail, postage prepaid, a notice to all Tenants of the
Affordable Units containing (a) the anticipated date of the expiration of the Term, (b) any
anticipated increase in Rent upon the expiration of the Term, and (c) a statement that a copy of
such notice will be sent to City. The Owner shall also file a copy of the above-described notices
with City.
ARTICLE 4.
ENFORCEMENT
Section 4.1. Covenants Running with the Land. The requirements of this Agreement
shall be covenants running with the land as defined in California Civil Code Section 1460 and
shall apply to the Property. Pursuant to Civil Code Section 1468, which governs such covenants,
the provisions of this Agreement shall be binding upon all Parties having any right, title, or interest
in the Property, or any portion thereof and on their heirs, successors in interest and assigns for the
Term. The Parties agree that all future deeds or transfers of interest regarding the Property shall
show the restrictions of this Agreement for the Term.
Section 4.2. Default. Failure of the Owner to satisfy any of Owner's obligations under
the terms of this Agreement within ninety (90) days after the delivery of a notice of default from
the City will constitute a default under this Agreement ("Default"). In addition to remedies for
breach of this Agreement, the City may exercise any and all remedies available to it under the
Municipal Code or other any other provision of law or equity, including but not limited to:
(a) withholding, conditioning, suspending or revoking any Project Approvals,
including without limitation final inspections for occupancy and/or the issuance of certificates of
occupancy;
(b) instituting against the Owner, or other parties, a civil action for declaratory
relief, injunction or any other equitable relief, or relief at law, including without limitation an
action to rescind a transaction and/or to require repayment of any funds received in connection
with such a violation;
(c) where one or more persons have received financial benefit as a result of
violation of this Agreement, the City may assess, and institute legal action to recover as necessary,
a penalty in any amount up to and including the amount of financial benefit received, in addition
to recovery of the benefit received; and
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(d) requiring the Owner or his/her successors in interest to the Property to pay
the City rent or any other payment received by the Owner for the Affordable Unit from the date of
any unauthorized use of the Affordable Unit or in excess of the applicable Affordable Rent.
Section 4.3. Protest. Owner acknowledges and agrees that the Project Approvals
referenced in the Recitals, which are incorporated herein, provided adequate and proper notice
pursuant to Government Code Section 66020 of Owner's right to protest any requirements for fees,
dedications, reservations, and other exactions as may be included in this Agreement, that no protest
in compliance with Section 66020 was made within ninety (90) days of the date that notice was
given, and that the period has expired in which Owner may protest any and all fees, dedications,
reservations, and other exactions as may be included in this Agreement.
Section 4.4. Attorney's Fees and Costs. If either Party takes or commences any actions
or proceedings, including litigation or arbitration, against the other by reason of any breach or
claimed breach of any provision of, or in any way connected with, this Agreement, or seeks a
judicial declaration of rights under this Agreement, the Party prevailing in such action or
proceeding shall be entitled to recover from the other Party the prevailing Party's reasonable
attorney's fees and costs, including, but not limited to, all expert witness fees, other witness fees
and associated expenses, whether or not the proceeding or action proceeds to judgment.
ARTICLE 5.
GENERAL PROVISIONS
Section 5.1. Appointment of Other Agencies. At its sole discretion, the City may
designate, appoint or contract with any other public agency, for-profit or non-profit organization
to perform some or all of the City's obligations under this Agreement.
Section 5.2. Records. The Owner shall retain all records related to compliance with
obligations under this Agreement for a period not less than five (5) years from the date of
origination of such records and make the records available to City employees or others designated
by the City for inspection and copying upon five (5) business days' written notice. The City shall
be entitled to monitor compliance with this Agreement and the Owner shall cooperate with City
monitoring, including obtaining Tenant Affordable Rent and Household Income verification upon
request of the City.
Section 5.3. Hold Harmless. Except for the sole negligence of the City, Owner shall
defend, indemnify and hold harmless (without limit as to amount) City and its elected officials,
officers, employees, agents, their successors and assignees (the “City Indemnitees”) , and any of
them, from and against all loss, all risk of loss and all damage (including expenses and attorney's
fees) sustained or incurred because of or by reason of any and all claims, demands, suits, actions,
judgments or executions for damages of any and every kind and by whomever and whenever made
or obtained, allegedly caused by, arising out of or relating in any manner to the Project, the
Affordable Units, or Owner's performance or non-performance under this Agreement, including
claims pursuant to California Labor Code Section 1720 et seq.. In the event City Indemnitees are
made a party to any action, lawsuit or other adversarial proceeding arising from Owner’s
performance of this Agreement, Owner shall provide a defense to the City Indemnitees or at the
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City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal
fees, incurred in defense of such claims. The provisions of this Section shall survive expiration or
other termination of this Agreement or any release of part or all of the Property from the burdens
of this Agreement, and the provisions of this Section shall remain in full force and effect.
Section 5.4. Notices. All notices required pursuant to this Agreement shall be in writing
and may be given by personal delivery or by registered or certified mail, return receipt requested,
to the Party to receive such notice at the addressed set forth below:
TO THE CITY:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
WITH COPY TO:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: City Attorney
TO THE OWNER:
Laurel Creek, LP
505 Bath Street
Santa Barbara, CA 93101
Attn: _________________
Any notice shall be deemed delivered on the first business day that delivery is attempted or upon
receipt, whichever is sooner. As used herein, "business day" means any day other than a Saturday,
Sunday, or any state or federal holiday on which financial institutions in San Luis Obispo County
are authorized or required to close for observance thereof. Any Party may change the address to
which notices are to be sent by notifying the other Parties of the new address, in the manner set
forth above.
Section 5.5. Transfers. For purposes of this Agreement, "Transfer" means any sale,
assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under the
Agreement; and/or (ii) any interest in the Project, including (but not limited to) a fee simple
interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security
interest, or an interest evidenced by a land contract by which possession of the Project is transferred
and Owner retains title. The term "Transfer" excludes the leasing of any single unit in the Project
to an occupant in compliance with this Agreement.
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(a) Future Transfers of the Property shall ensure that the Transfer does not
affect the timing and/or number of Affordable Units provided within the Project and as described
by this Agreement.
(b) In the event of a proposed Transfer by Owner, Owner agrees to provide City
at least thirty days written notice of such proposed assignment prior to the proposed transfer and
shall provide satisfactory evidence that the assignee will assume in writing, through an assignment
and assumption agreement, all obligations of Owner under this Agreement. Notwithstanding the
foregoing: (i) the terms, covenants and conditions of this Agreement shall be binding upon any
transferee whether or not such an assignment and assumption agreement is signed by the assignee;
and (ii) no such transfer shall relieve the Owner (“Transferor”) of any obligations under this
Agreement.
(c) For all proposed Transfers, Owner shall provide to City an assignment and
assumption agreement a form reasonably satisfactory to the City Attorney.
(d) All of the terms, covenants and conditions of this Agreement shall inure to
the benefit of the City and its successors and assigns and shall be binding upon the Owner and any
successors in interest to Owner’s interest in this Agreement, the Project or the Property or any part
thereof. The covenants shall run in favor of the City and its successors and assigns for the entire
period of the Term. The City and its successor and assigns, in the event of any breach of any such
covenants, shall have the right to exercise all of the rights and remedies, and to maintain any
actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.
Whenever the term “Owner” is used in this Agreement, such term shall include any other
successors and assigns as herein provided.
Section 5.6. Integrated Agreement. This Agreement sets forth the full and entire
understanding of the Parties regarding the matter set forth herein. Any other prior or existing
understandings or agreements by the Parties, whether formal or informal, regarding any matters
addressed within this Agreement are hereby superseded or terminated in their entirety.
Section 5.7. Each Party's Role in Drafting the Agreement. Each Party to this Agreement
has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning
of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely
upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the
Agreement.
Section 5.8. Amendment of Agreement. No changes, amendments, or alterations to this
Agreement shall be effective unless in writing and signed by all Parties hereto. Major amendments
to this Agreement shall be subject to the review and approval of the decision-making body which
approved the Project Approvals. Minor amendments to this Agreement may be approved by the
Director. Upon approval, a new Agreement containing the amendments shall be executed and
recorded.
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Section 5.9. Applicable Law. This Agreement shall be governed by California law.
Venue shall be the County of San Luis Obispo.
Section 5.10. Waivers. Any waiver by the City of any obligation or condition in this
Agreement must be in writing. No waiver will be implied from any delay or failure by the City to
take action on any breach or default of Owner or to pursue any remedy allowed under this
Agreement or applicable law. Any extension of time granted to Owner to perform any obligation
under this Agreement shall not operate as a waiver or release from any of its obligations under this
Agreement. Consent by the City to any act or omission by Owner shall not be construed to be a
consent to any other or subsequent act or omission or to waive the requirement for the City's written
consent to future waivers.
Section 5.11. Title of Parts and Sections. Any titles of the sections, subsections, or
subparagraphs of this Agreement are inserted for convenience of reference only and shall be
disregarded in interpreting any part of the Agreement's provisions.
Section 5.12. Multiple Originals; Counterpart. This Agreement may be executed in
multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
Section 5.13. Recording of Agreement. This Agreement shall be recorded against the
Property in the Official Records of the County of San Luis Obispo prior to the recordation of any
parcel map or final subdivision map or issuance of any building permit for the Project, whichever
occurs first, unless an alternate phasing plan has been approved as part of the Project Approvals.
Section 5.14. Severability. In the event any limitation, condition, restriction, covenant, or
provision contained in this Agreement is to be held invalid, void or unenforceable by any court of
competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain
in full force and effect.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the
day and year first above written.
OWNER:
Laurel Creek LP, a California limited partnership
By: 1160 Laurel Lane, LLC, a Delaware limited liability company,
its General Partner
By:____________________________
Patrick N. Smith, Manager
CITY:
City of San Luis Obispo, a California charter city and municipal corporation
By: ________________________
Timothea “Timmi” Tway, Community Development Director
APPROVED AS TO FORM AND LEGAL EFFECT:
By:____________________
Christine Dietrick, City Attorney
1808\03\1835187.4
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Seal Above)
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
1808\03\1835187.4
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Seal Above)
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
1808\03\1835187.4 B-1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL A:
(Parcel 1 of SLO AL 22-0011 – Doc. #2022-032524)
Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19-0114, in the City of San Luis
Obispo, County of San Luis Obispo, State of California, according to map recorded November 25,
2020 in Book 82, Page 82 of Parcel Maps, filed in the office of the County Recorder of said County,
lying southerly and southwesterly of the following described line:
Beginning at the southeasterly corner of said Parcel 2, being a point in the westerly right of way
line of Laurel Lane, 81.00 feet wide, as shown on said map; thence along the southerly line of said
Parcel 2, North 57°16’14” West 337.08 feet, to an angle point on said line; thence South 48°53’54”
West 51.39 feet to a point on said line; thence leaving said line, North 57°36’19” West 28.10 feet;
thence North 12°17’31” West 24.98 feet; thence North 57°12’35” West 168.58 feet; thence North
32°42’19” East 50.90 feet; thence North 57°17’41” West 290.55 feet; thence South 32°42’19”
West 16.63 feet; thence North 57°17’41” West 275.64 feet, more or less, to a point on the westerly
line of said Parcel 1, distant South 41°13’29” West 117.83 feet from the most northerly corner of
said Parcel 1 as shown on said map.
PARCEL A-1:
Non-exclusive easements for access, parking and utilities and incidental rights thereto as set forth
in that certain document entitled, "Reciprocal Easement Agreement and Declaration of Covenants,
Conditions and Restrictions" recorded on November 25, 2020 as instrument no. 2020-69315, San
Luis Obispo County Official Records.
004-962-042
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EXHIBIT B
MAP SHOWING LOCATION OF AFFORDABLE UNITS AND SCHEDULE OF
AFFORDABLE UNITS
Unit Number Square Footage Bedroom Count Affordability
109 457 (unit only), 524 (unit + patio) Studio Moderate
-1-
12767-0008\2769111v2.doc
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
With a copy to:
APN(s): ________________
SPACE ABOVE THIS LINE FOR RECORDER’S USE
This Subordination Agreement is recorded for the benefit of the City of San Luis Obispo
and is exempt from recording fees pursuant to Sections 6103, 27383 and 27388.1
of the California Government Code.
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER SECURITY INSTRUMENT
THIS SUBORDINATION AGREEMENT (“Subordination Agreement”) is dated
, 202_, and is entered into by Laurel Creek, LP, a California limited
partnership, the owner (“Owner”) of the land described on Exhibit “A” and the improvements
thereon (“Property”), by the present owner and holder of the CPIF California LLC, a California
limited liability company, as beneficiaries under the deed of trust hereinafter described
(hereinafter collectively referred to as “Beneficiary), and by the City of San Luis Obispo, a
municipal corporation (“City”) as a party to that certain Affordable Housing Agreement and
Declaration of Restrictive Covenants (Laurel Creek Apartments) executed by Owner in favor of City
with respect to the Property.
RECITALS
A. Beneficiary has made a $44,500,000.00 loan to Owner as an equity line/revolving
line of credit, which is secured by a deed of trust dated March 31, 2021, recorded on April 1, 2021,
as Instrument No. 2019-031550 in the Official Records of San Luis Obispo County, California
(“Official Records”).
-2-
12767-0008\2769111v2.doc
B. The City and Owner have entered into an Affordable Housing Agreement and
Declaration of Restrictive Covenants Laurel Creek Apartments dated _____________, 202__,
and recorded in the Official Records concurrently herewith (“Affordable Housing Agreement”),
that requires Owner to construct and either rent or offer for sale certain dwelling units on the
Property to households of certain income levels at certain affordable rents or prices, in accordance
with the City’s Inclusionary Housing Ordinance and the conditions of approval of the project
known as the Laurel Creek Apartments on the Property.
C. City requires that such Affordable Housing Agreement not be extinguished upon a
foreclosure of the Deed of Trust, and that Owner and Beneficiary execute, acknowledge and deliver
this Subordination Agreement for recording in the Official Records to confirm such Affordable
Housing Agreement will survive the foreclosure of the Deed of Trust.
D. City would not grant approval of the (Laurel Creek Apartments) without this
Subordination Agreement.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto
and other valuable consideration, the sufficiency of which is hereby acknowledged, it is hereby
declared, understood, and agreed as follows:
1. The Affordable Housing Agreement, and the covenants and restrictions therein, and
all amendments, modifications, extensions and renewals thereof, shall be and
remain at all times an encumbrance on the Property prior and superior to the lien of
the Deed of Trust, and as it may be further amended, restated, replaced,
supplemented or otherwise modified from time to time. The Beneficiaries further
agree that should the Beneficiaries acquire title to all or any portion of the Property
by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure, or any
other remedy in or relating to the Deed of Trust, the undersigned Beneficiary will
acquire title subject to the provisions of the Affordable Housing Agreement, which
shall remain in full force and effect. Notwithstanding the foregoing, the payment
obligations under the Affordable Housing Agreement, contingent or otherwise, will
not be accelerated by foreclosure or deed-in-lieu of foreclosure of the Deed of
Trust, but will remain due and owing in accordance with the express terms and time
periods set forth in the Affordable Housing Agreement.
2. This Subordination Agreement shall be the whole and only agreement with regard
to such subordination of the Deed of Trust to the Affordable Housing Agreement.
3. This Subordination Agreement shall be binding upon Owner, Beneficiaries and
City and shall insure to the benefit of the respective legal successors, transferees
and assigns of the Owner, Beneficiaries and City.
4. This Subordination Agreement shall be governed by the laws of the State of
California.
5. If any provision of this Subordination Agreement shall be determined to be invalid
or unenforceable to any extent, then the other provisions hereof shall not be affected
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thereby and shall be enforceable to the full extent permitted by applicable law.
6. This Subordination Agreement may be executed in counterparts, which
counterparts shall be construed as a single document and have the same effect as if
all of the parties had executed the same instrument.
[Remainder of this page intentionally left blank]
[Signatures appear on next page]
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IN WITNESS WHEREOF, this Subordination Agreement has been executed as of the date
first above written.
CITY: CITY OF SAN LUIS OBISPO,
a municipal corporation
By:
Print Name: Timothea “Timmi” Tway
Title: Community Development Director
APPROVED AS TO FORM:
J. Christine Dietrick, City Attorney
OWNER: Laurel Creek, LP,
a California limited liability company
By:
Print Name:
Title: __
BENEFICIARY: CPIF California, LLC, a California limited liability
company
By:
Print Name:
Title: _______________________________
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EXHIBIT "A"
DESCRIPTION OF PROPERTY
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
PARCEL A:
(Parcel 1 of SLO AL 22-0011 – Doc. #2022-032524)
Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19-0114, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to map recorded November 25, 2020 in Book
82, Page 82 of Parcel Maps, filed in the office of the County Recorder of said County, lying southerly and
southwesterly of the following described line:
Beginning at the southeasterly corner of said Parcel 2, being a point in the westerly right of way line of
Laurel Lane, 81.00 feet wide, as shown on said map; thence along the southerly line of said Parcel 2,
North 57°16’14” West 337.08 feet, to an angle point on said line; thence South 48°53’54” West 51.39
feet to a point on said line; thence leaving said line, North 57°36’19” West 28.10 feet; thence North
12°17’31” West 24.98 feet; thence North 57°12’35” West 168.58 feet; thence North 32°42’19” East
50.90 feet; thence North 57°17’41” West 290.55 feet; thence South 32°42’19” West 16.63 feet; thence
North 57°17’41” West 275.64 feet, more or less, to a point on the westerly line of said Parcel 1, distant
South 41°13’29” West 117.83 feet from the most northerly corner of said Parcel 1 as shown on said
map.
PARCEL A-1:
Non-exclusive easements for access, parking and utilities and incidental rights thereto as set forth in
that certain document entitled, "Reciprocal Easement Agreement and Declaration of Covenants,
Conditions and Restrictions" recorded on November 25, 2020 as instrument no. 2020-69315, San Luis
Obispo County Official Records. Portion of 004-962-034 and Portion of 004-962-035
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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Below Market Rate Rental Housing Agreement_20230701
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
No fee for recording pursuant to (Space above for Recorder's Use)
Government Code Section 27383
BELOW MARKET RATE RENTAL HOUSING AGREEMENT AND DECLARATION
OF RESTRICTIVE COVENANTS
(Below Market Rate Rental Unit [1150 Laurel Lane, Unit 109] for
Laurel Creek Apartments)
This BELOW MARKET RATE RENTAL HOUSING RENTAL RESTRICTION
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS ("Agreement") is
made and entered into on this ______ day of __________________, 20__, by and between the
City of San Luis Obispo, a California charter city and municipal corporation (the "City"), and
Laurel Creek, LP, a California limited partnership (the "Owner"), collectively referred to as the
"Parties."
RECITALS
A. Owner is the owner of certain real property located at 1150 Laurel Lane in the City,
which is more particularly described in attached Exhibit A incorporated herein by this reference
(the "Property").
B. On November 18, 2020, the Planning Commission adopted Resolution No. PC-
1027-2020 (ARCH-0227-2020 & USE-0228-2020) (the "Project Approvals") to approve
Owner's construction of 100 residential units on the Property (the "Project").
C. To satisfy the Project’s requirements under the City’s Inclusionary Housing
Ordinance, Municipal Code Chapter 17.138, (the “Inclusionary Housing Ordinance”) the
Parties have agreed that the Owner is required to rent 1 low- or moderate-income dwelling unit
(the “Affordable Units”), as shown in Exhibit B, and in conformance with the income limits as
published by the State Department of Housing and Community Development.
D. Rental prices are described herein and established by the City’s “Below Market
Rate Housing Standards” and the “Below Market Rate Rental Housing Guidelines” published
by the City’s Community Development Department.
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E. Pursuant to the Inclusionary Housing Ordinance and the Below Market Rate
Housing Standards, the Owner is required maintain the affordability of the Affordable Unit for a
period of fifty-five (55) years from the date of the issuance of the occupancy permit for the
Affordable Unit (the "Affordability Period"). To ensure continued affordability and in
accordance with Government Code Section 27281.5, this Agreement will be recorded against the
Property with the Clerk-Recorder of the County of San Luis Obispo.
F. Owner acknowledges and agrees that the Project Approvals provided adequate and
proper notice pursuant to Government Code Section 66020 of Owner's right to protest any
requirements for fees, dedications, reservations, and other exactions as may be included in this
Agreement, that no protest in compliance with Section 66020 was made within ninety (90) days
of the date that notice was given, and that the period has expired in which Owner may protest any
and all fees, dedications, reservations, and other exactions as may be included in this Agreement.
AGREEMENT
NOW, THEREFORE, the Parties agree and acknowledge that the above recitals are true
and accurate, and are incorporated into this Agreement by this reference, and the Parties mutually
acknowledge and agree as follows:
ARTICLE 1.
DEFINITIONS AND EXHIBITS
Section 1.1. Recitals. The recitals set forth above are true and correct and incorporated
herein as if set forth in full.
Section 1.2. Definitions. In addition to terms defined elsewhere in this Agreement, the
following terms have the following meanings in this Agreement:
(a) “Administrator” means Below Market Rate Program Administrator which
may either be the City itself or a third-party administrator acting as an agent for the City in
connection with all aspects of the operation of the City's Below Market Rate program pursuant to
an Agreement entered into between the City and the Administrator, as such Agreement may be
amended or replaced from time to time.
(b) "Affordable Rent" means the maximum total of monthly payments by the
Tenant of an Affordable Unit, which is to be calculated in accordance with the formula provided
in the City of San Luis Obispo Below Market Rate Housing Standards.
(c) “Affordable Units” means the Units which are required by this Agreement
to be rented to Eligible Households at an Affordable Rent.
(d) “Area Median Income” shall mean the median gross yearly income
adjusted for assumed Household Size, in San Luis Obispo County, California, as published and
periodically updated by the State Department of Housing and Community Development (HCD),
or in the event that such income determinations are no longer published or are not updated for a
period of at least eighteen (18) months, the median gross yearly income adjusted for assumed
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Below Market Rate Rental Housing Agreement_20230701
3
Household Size, in San Luis Obispo County, California as published and periodically updated by
the Department of Housing and Urban Development (HUD).
(e) "Director" means the Community Development Director of the City or the
Director’s assignee.
(f) "Eligible Household" means a household which has been determined by
the Administrator or other agency designated by the Director to be eligible to rent an Affordable
Unit as a Low- or Moderate- Income Household, in compliance with the Below Market Rate
Housing Standards and this Agreement.
(g) "Eligibility Screening" is defined as the process of determining eligibility
in accordance with the City’s Below Market Rate Housing Standards and Below Market Rate
Rental Housing Guidelines.
(g) "Household Income" means the combined gross, pre-tax income of all
adult occupants of the applicant household.
(h) "Household Size" shall mean the actual number of persons residing within
the applicable household.
(i) "Income Certification" means a Tenant’s initial income
certification/certificate of resident eligibility, and includes all sources used in verifying income
and assets (including, but not limited to, third party verification, checking and savings accounts,
pay stubs, verification of assets, etc.).
(j) "Low Income Household - " is defined in the City of San Luis Obispo's
Below Market Rate Housing Standards and means a household with a Household Income that does
not exceed 80% of the Area Median Income.
(k) "Moderate Income Household - " is defined in the City of San Luis
Obispo's Below Market Rate Housing Standards and means a household with a Household Income
that does not exceed 120% of the Area Median Income.
(l) “Marketing” or “Market” is defined as a service in which the Owner or
Administrator will Market the vacancy of a new and/or existing Affordable Unit(s). Marketing
may utilize social media and in-person outreach as well as the listing of the Affordable Unit on the
Administrator’s website.
(m) “Opportunity Drawing” is defined as the process in which interested
households are put into an interest list for a specific Affordable Unit that is being marketed. This
list is ordered based on the preferences set forth in the City’s Below Market Rate Rental Housing
Guidelines, in the order that the Eligible Household applied for the Affordable Unit, and then
randomized thereafter.
(n) "Tenant" is a household occupying an Affordable Unit pursuant to a valid
lease with the Owner.
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(o) "Term" shall mean the term of this Agreement, which shall be in effect for
a fifty-five (55) year period from the date that a certificate of occupancy is issued for the last
Affordable Unit to be completed.
Section 1.3. Exhibits. The following exhibits are attached to this Agreement:
Exhibit A Legal Description of the Property
Exhibit B Map Showing Location of Affordable Units and Schedule of Affordable
Units.
ARTICLE 2.
CONSTRUCTION OF PROJECT AND AFFORDABLE UNITS
Section 2.1. Construction of Affordable Units. The Parties have agreed that the Owner
shall construct and make available one unit as Affordable Units in the Project on the Property for
the duration of the Term.
Section 2.2. Design and Appearance of Affordable Units. The Owner agrees to provide
the Affordable Units with a bedroom count mix of one studio unit in the location shown and
described on Exhibit B during the Term, in conformance with the rental prices and income limits
established by the Below Market Rate Housing Standards. If, after recordation of this Agreement,
the Owner proposes to change the bedroom size or affordability level of any Affordable Units
within the Project, the Owner shall submit a written request to amend this Agreement for such
change to the Director, who shall have sole discretion to approve or deny such request
(amendments shall comply with Section of 5.8 of this Agreement). Tenants in all Affordable Units
shall have equal access to and enjoyment of all common facilities of the Project.
Section 2.3. Construction Timing. The Affordable Units shall be constructed in
proportion to construction of the other units in the Project pursuant to the schedule in Exhibit B.
No certificates of occupancy or final inspections shall be issued for any units in the Project unless
a proportional number (generally one certificate of occupancy for an Affordable Unit for each 50
other units issued certificates of occupancy) of certificates of occupancy or final inspections have
been issued for Affordable Units unless an alternate phasing plan has been approved as part of the
Project approvals.
ARTICLE 3.
RENTAL AND REGULATORY PROVISIONS
Section 3.1. Affordability and Occupancy Covenants. The Owner agrees to rent to and
restrict occupancy of the Affordable Units to Eligible Households earning not more than the
income levels which are set forth in City’s Below Market Rate Housing Standards and as more
particularly described in Exhibit B. The Affordable Units shall be used exclusively for rental
housing for the Term. The Affordable Units shall not be kept vacant or used for any purpose
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except for residential use and shall be offered for rent only to Eligible Households at Affordable
Rents in compliance with Exhibit B.
(a) Schedule of Affordable Rents. The City has provided the Owner with a
schedule of Affordable Rents for the Affordable Units in effect on the date of this Agreement.
Affordable Rents may be adjusted annually in accordance with the rent limits set forth in the City’s
Below Market Rate Housing Standards. The Owner shall not charge any fee other than rent
inclusive of cost of utilities (utilities are limited to: water, sewer, electricity, gas, garbage,
recycling, and green waste) to any Tenant of Affordable Units for any housing or other services
provided by Owner.
(b) In the event a Tenant’s income exceeds the qualifying income for the
Affordable Unit, Owner shall not be entitled to any rent in excess of the Affordable Rent for the
Affordable Unit. If, upon recertification of a Tenant's income, the Owner and the City’s Below
Market Rate Administrator determine that the Tenant's income has increased and exceeds the
qualifying income for the Affordable Unit’s designated household income threshold, then Owner
shall serve or cause to be served upon the Tenant a ninety (90) day written notice to vacate the
Unit upon discovery that the Tenant’s income exceeds the qualifying income for the Affordable
Unit, if the Tenant is on a month-to-month tenancy. If the over-income Tenant has a fixed-term
lease, the Owner shall serve a written notice at least 90 days prior to the termination of the fixed-
term lease that the tenancy will not be renewed and will automatically terminate upon expiration ,
except that if the Owner discovers that the Tenant’s income exceeds the qualifying income less
than 90 days prior to the termination of the fixed-term lease, the Owner shall serve a 90 day written
notice to vacate the unit.
Section 3.2. Services by Administrator . In order to maintain compliance with the City’s
Below Market Rate Housing Program and reporting requirements, the Owner shall utilize the City’s
Administrator or other agency designated by the Director. The Administrator’s services include but
are not limited to marketing of available unit(s), Eligibility Screening, selection of applicants
through an Opportunity Drawing, and re-certifications. Utilization of these services may subject
Owner to additional fees.
Section 3.3. Agreement to Limitation on Rents. The Owner covenants that it has agreed
to limit Rents under Civil Code Sections 1954.52(b) and 1954.53(a)(2), as provided in this
Agreement, in consideration for the Project approved by the City and proposed by the Owner. The
Owner hereby covenants that the certain provisions of Civil Code Section 1954.51 et seq. (the
"Costa-Hawkins Act") do not apply. The Owner hereby covenants that any Affordable Units
provided pursuant to this Agreement are not subject to Civil Code Section 1954.52(a) or any other
provision of the Costa-Hawkins Act inconsistent with controls on rents. The Owner further
covenants that this Agreement complies with all federal, State, and City laws and ordinances and
that the terms of this Agreement are fully enforceable.
Section 3.4. Income Certification. Prior to Owner entering into a lease with a prospective
Tenant of an Affordable Unit, the prospective Tenant’s household shall be certified as an Eligible
Household by the Administrator of the City of San Luis Obispo or other agency designated by the
Director.
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Below Market Rate Rental Housing Agreement_20230701
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(a) The Owner will obtain, complete and maintain on file, immediately prior to
initial occupancy and annually thereafter, income certifications for each Tenant renting any of the
Affordable Units. Owner shall obtain written certification by the Administrator or other agency
designated by the Director that the Affordable Units are being occupied by Eligible Households in
compliance with the terms of this Agreement.
(b) Income certifications and re-certifications shall be conducted by the Below
Market Rate Administrator or other agency designated by the Director. Upon request, the Owner
may certify or re-certify the annual income of Tenants on their own, a representative of the Owner
shall attend a workshop or training session hosted by the Administrator. These workshops and
trainings may have associated costs. Should the Owner wish to perform the certifications or
recertifications, the process will be subject to review by the Administrator. The Owner shall not
self-select residents nor conduct initial eligibility screenings.
Section 3.5. Reports to City. The Owner shall submit to the Administrator on or before
July 31st of each year, or at other such interval as mutually agreed by the Parties, and at any other
time at request by the City and upon five (5) business days’ notice to Owner, a report in a form
acceptable to the City to enable the City to verify that the Affordable Units are being occupied by
Eligible Households in compliance with the terms of this Agreement. At a minimum, information
to be submitted shall include:
(a) Certifications of eligibility for all Tenants of Affordable Units at the time
of initial occupancy. Such certification shall include verified income statements and number of
persons in each Affordable Unit.
(b) Certification of the amount of rent charged for the year for all Affordable
Units.
(c) Other information reasonably required by the City and Administrator.
Section 3.6. Inspections. The City reserves the right to inspect the Affordable Units
upon reasonable notice to the Owner to ensure that the Affordable Units are being maintained,
operated, and used consistent with this Agreement and applicable federal, state and local codes.
The Owner agrees to correct all conditions found by such inspections not to conform to the
applicable requirements within ninety (90) days of delivery of written notice from the City, or such
period as necessary to correct the violations as determined by the Director, provided that
corrections are commenced within ninety (90) days and prosecuted diligently to completion.
Failure to maintain the Affordable Units as required by this Agreement or to correct such
conditions shall be a Default, as defined below.
Section 3.7. Management Responsibilities. The Owner is responsible for all
management functions with respect to the Project, including, without limitation, evictions,
collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs,
replacement of capital items, and security. The City shall have no responsibility over management
of the Project.
Section 3.8. Property Maintenance. The City places prime importance on quality
maintenance to ensure that all developments within the City which include Affordable Units are
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Below Market Rate Rental Housing Agreement_20230701
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not allowed to deteriorate due to below-average maintenance. The Owner shall provide the
Affordable Units with the same level and quality of maintenance, including performance of repairs
and periodic replacement of fixtures as the other units in the Project. The Owner agrees that it or
its agents will maintain all interior and exterior improvements, including landscaping, on the
Property in good condition and repair (and, as to landscaping, in a healthy condition) and in
accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state,
county, municipal, and other governmental agencies and bodies having or claiming jurisdiction
and all their respective departments, bureaus, and officials.
Section 3.9. Taxes and Assessments. The Owner shall pay all real and personal property
taxes, assessments, if any, and charges and all franchise, income, employment, old age benefit,
withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such
manner as to prevent any penalty from accruing, or any lien or charge from attaching to the
Property; provided, however, that the Owner shall have the right to contest in good faith, any such
taxes, assessments, or charges. In the event the Owner exercises its right to contest any tax,
assessment, or charge against it, the Owner, on final determination of the proceeding or contest,
shall immediately pay or discharge any decision or judgment rendered against it, together with all
costs, charges and interest.
Section 3.10. Laws and Regulations. The Owner acknowledges that Owner is familiar
with and will comply with all local and State laws and regulations that pertain to construction,
health and safety, labor (including payment of prevailing wages if applicable), fair housing
practices, equal opportunity and all other matters applicable to maintaining sound, safe and
affordable rental housing.
Section 3.11. Residential Use. None of the Affordable Units in the Project will at any
time be utilized on a transient basis or will ever be used as a hotel, motel, homestay, dormitory,
fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court
or park, nor shall the Affordable Units be used as a place of business except as may otherwise be
allowed by applicable law.
Section 3.12. Nondiscrimination. All of the Affordable Units shall be available for
occupancy on a continuous basis to members of the general public who are income eligible. There
shall be no discrimination against or segregation of any person or group of persons, on account of
race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, familial status, sex, gender, gender identity, gender
expression, age, sexual orientation, source of income, or veteran or military status in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of any Affordable Unit, nor shall
Owner or any person claiming under or through the Owner, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location, number, use,
or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Affordable Unit or in
connection with the employment of persons for the operation and management of the Project.
Section 3.13. Housing Voucher Holders. The Owner shall accept as tenants, on the same
basis as all other prospective tenants, persons who are recipients of certificates for rent subsidies
pursuant to the existing housing program under Section 8 of the United States Housing Act, or its
successor, or any other program in which lawful, verifiable income is paid to a tenant or to a
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housing provider on behalf of a Tenant. The Owner shall not apply selection criteria to holders of
Section 8 certificate or similar certificates or vouchers that is more burdensome than criteria
applied to all other prospective tenants, nor shall the Owner apply or permit the application of
management policies or lease provisions with respect to the Project which have the effect of
precluding occupancy of units by such prospective tenants.
Section 3.14. Notice of Expiration of Term. At least six (6) months prior to the expiration
of the Term, Owner shall provide by first-class mail, postage prepaid, a notice to all Tenants of the
Affordable Units containing (a) the anticipated date of the expiration of the Term, (b) any
anticipated increase in Rent upon the expiration of the Term, and (c) a statement that a copy of
such notice will be sent to City. The Owner shall also file a copy of the above-described notices
with City.
ARTICLE 4.
ENFORCEMENT
Section 4.1. Covenants Running with the Land. The requirements of this Agreement
shall be covenants running with the land as defined in California Civil Code Section 1460 and
shall apply to the Property. Pursuant to Civil Code Section 1468, which governs such covenants,
the provisions of this Agreement shall be binding upon all Parties having any right, title, or interest
in the Property, or any portion thereof and on their heirs, successors in interest and assigns for the
Term. The Parties agree that all future deeds or transfers of interest regarding the Property shall
show the restrictions of this Agreement for the Term.
Section 4.2. Default. Failure of the Owner to satisfy any of Owner's obligations under
the terms of this Agreement within ninety (90) days after the delivery of a notice of default from
the City will constitute a default under this Agreement ("Default"). In addition to remedies for
breach of this Agreement, the City may exercise any and all remedies available to it under the
Municipal Code or other any other provision of law or equity, including but not limited to:
(a) withholding, conditioning, suspending or revoking any Project Approvals,
including without limitation final inspections for occupancy and/or the issuance of certificates of
occupancy;
(b) instituting against the Owner, or other parties, a civil action for declaratory
relief, injunction or any other equitable relief, or relief at law, including without limitation an
action to rescind a transaction and/or to require repayment of any funds received in connection
with such a violation;
(c) where one or more persons have received financial benefit as a result of
violation of this Agreement, the City may assess, and institute legal action to recover as necessary,
a penalty in any amount up to and including the amount of financial benefit received, in addition
to recovery of the benefit received; and
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(d) requiring the Owner or his/her successors in interest to the Property to pay
the City rent or any other payment received by the Owner for the Affordable Unit from the date of
any unauthorized use of the Affordable Unit or in excess of the applicable Affordable Rent.
Section 4.3. Protest. Owner acknowledges and agrees that the Project Approvals
referenced in the Recitals, which are incorporated herein, provided adequate and proper notice
pursuant to Government Code Section 66020 of Owner's right to protest any requirements for fees,
dedications, reservations, and other exactions as may be included in this Agreement, that no protest
in compliance with Section 66020 was made within ninety (90) days of the date that notice was
given, and that the period has expired in which Owner may protest any and all fees, dedications,
reservations, and other exactions as may be included in this Agreement.
Section 4.4. Attorney's Fees and Costs. If either Party takes or commences any actions
or proceedings, including litigation or arbitration, against the other by reason of any breach or
claimed breach of any provision of, or in any way connected with, this Agreement, or seeks a
judicial declaration of rights under this Agreement, the Party prevailing in such action or
proceeding shall be entitled to recover from the other Party the prevailing Party 's reasonable
attorney's fees and costs, including, but not limited to, all expert witness fees, other witness fees
and associated expenses, whether or not the proceeding or action proceeds to judgment.
ARTICLE 5.
GENERAL PROVISIONS
Section 5.1. Appointment of Other Agencies. At its sole discretion, the City may
designate, appoint or contract with any other public agency, for-profit or non-profit organization
to perform some or all of the City's obligations under this Agreement.
Section 5.2. Records. The Owner shall retain all records related to compliance with
obligations under this Agreement for a period not less than five (5) years from the date of
origination of such records and make the records available to City employees or others designated
by the City for inspection and copying upon five (5) business days' written notice. The City shall
be entitled to monitor compliance with this Agreement and the Owner shall cooperate with City
monitoring, including obtaining Tenant Affordable Rent and Household Income verification upon
request of the City.
Section 5.3. Hold Harmless. Except for the sole negligence of the City, Owner shall
defend, indemnify and hold harmless (without limit as to amount) City and its elected officials,
officers, employees, agents, their successors and assignees (the “City Indemnitees”) , and any of
them, from and against all loss, all risk of loss and all damage (including expenses and attorney's
fees) sustained or incurred because of or by reason of any and all claims, demands, suits, actions,
judgments or executions for damages of any and every kind and by whomever and whenever made
or obtained, allegedly caused by, arising out of or relating in any manner to the Project, the
Affordable Units, or Owner's performance or non-performance under this Agreement, including
claims pursuant to California Labor Code Section 1720 et seq.. In the event City Indemnitees are
made a party to any action, lawsuit or other adversarial proceeding arising from Owner’s
performance of this Agreement, Owner shall provide a defense to the City Indemnitees or at the
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
10
City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal
fees, incurred in defense of such claims. The provisions of this Section shall survive expiration or
other termination of this Agreement or any release of part or all of the Property from the burdens
of this Agreement, and the provisions of this Section shall remain in full force and effect.
Section 5.4. Notices. All notices required pursuant to this Agreement shall be in writing
and may be given by personal delivery or by registered or certified mail, return receipt requested,
to the Party to receive such notice at the addressed set forth below:
TO THE CITY:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
WITH COPY TO:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: City Attorney
TO THE OWNER:
Laurel Creek, LP
505 Bath Street
Santa Barbara, CA 93101
Attn: _________________
Any notice shall be deemed delivered on the first business day that delivery is attempted or upon
receipt, whichever is sooner. As used herein, "business day" means any day other than a Saturday,
Sunday, or any state or federal holiday on which financial institutions in San Luis Obispo County
are authorized or required to close for observance thereof. Any Party may change the address to
which notices are to be sent by notifying the other Parties of the new address, in the manner set
forth above.
Section 5.5. Transfers. For purposes of this Agreement, "Transfer" means any sale,
assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under the
Agreement; and/or (ii) any interest in the Project, including (but not limited to) a fee simple
interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security
interest, or an interest evidenced by a land contract by which possession of the Project is transferred
and Owner retains title. The term "Transfer" excludes the leasing of any single unit in the Project
to an occupant in compliance with this Agreement.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
11
(a) Future Transfers of the Property shall ensure that the Transfer does not
affect the timing and/or number of Affordable Units provided within the Project and as described
by this Agreement.
(b) In the event of a proposed Transfer by Owner, Owner agrees to provide City
at least thirty days written notice of such proposed assignment prior to the proposed transfer and
shall provide satisfactory evidence that the assignee will assume in writing, through an assignment
and assumption agreement, all obligations of Owner under this Agreement. Notwithstanding the
foregoing: (i) the terms, covenants and conditions of this Agreement shall be binding upon any
transferee whether or not such an assignment and assumption agreement is signed by the assignee;
and (ii) no such transfer shall relieve the Owner (“Transferor”) of any obligations under this
Agreement.
(c) For all proposed Transfers, Owner shall provide to City an assignment and
assumption agreement a form reasonably satisfactory to the City Attorney.
(d) All of the terms, covenants and conditions of this Agreement shall inure to
the benefit of the City and its successors and assigns and shall be binding upon the Owner and any
successors in interest to Owner’s interest in this Agreement, the Project or the Property or any part
thereof. The covenants shall run in favor of the City and its successors and assigns for the entire
period of the Term. The City and its successor and assigns, in the event of any breach of any such
covenants, shall have the right to exercise all of the rights and remedies, and to maintain any
actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.
Whenever the term “Owner” is used in this Agreement, such term shall include any other
successors and assigns as herein provided.
Section 5.6. Integrated Agreement. This Agreement sets forth the full and entire
understanding of the Parties regarding the matter set forth herein. Any other prior or existing
understandings or agreements by the Parties, whether formal or informal, regarding any matters
addressed within this Agreement are hereby superseded or terminated in their entirety.
Section 5.7. Each Party's Role in Drafting the Agreement. Each Party to this Agreement
has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning
of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely
upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the
Agreement.
Section 5.8. Amendment of Agreement. No changes, amendments, or alterations to this
Agreement shall be effective unless in writing and signed by all Parties hereto. Major amendments
to this Agreement shall be subject to the review and approval of the decision-making body which
approved the Project Approvals. Minor amendments to this Agreement may be approved by the
Director. Upon approval, a new Agreement containing the amendments shall be executed and
recorded.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
12
Section 5.9. Applicable Law. This Agreement shall be governed by California law.
Venue shall be the County of San Luis Obispo.
Section 5.10. Waivers. Any waiver by the City of any obligation or condition in this
Agreement must be in writing. No waiver will be implied from any delay or failure by the City to
take action on any breach or default of Owner or to pursue any remedy allowed under this
Agreement or applicable law. Any extension of time granted to Owner to perform any obligation
under this Agreement shall not operate as a waiver or release from any of its obligations under this
Agreement. Consent by the City to any act or omission by Owner shall not be construed to be a
consent to any other or subsequent act or omission or to waive the requirement for the City's written
consent to future waivers.
Section 5.11. Title of Parts and Sections. Any titles of the sections, subsections, or
subparagraphs of this Agreement are inserted for convenience of reference only and shall be
disregarded in interpreting any part of the Agreement's provisions.
Section 5.12. Multiple Originals; Counterpart. This Agreement may be executed in
multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
Section 5.13. Recording of Agreement. This Agreement shall be recorded against the
Property in the Official Records of the County of San Luis Obispo prior to the recordation of any
parcel map or final subdivision map or issuance of any building permit for the Project, whichever
occurs first, unless an alternate phasing plan has been approved as part of the Project Approvals.
Section 5.14. Severability. In the event any limitation, condition, restriction, covenant, or
provision contained in this Agreement is to be held invalid, void or unenforceable by any court of
competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain
in full force and effect.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
13
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the
day and year first above written.
OWNER:
Laurel Creek LP, a California limited partnership
By: 1160 Laurel Lane, LLC, a Delaware limited liability company,
its General Partner
By:____________________________
Patrick N. Smith, Manager
CITY:
City of San Luis Obispo, a California charter city and municipal corporation
By: ________________________
Timothea “Timmi” Tway, Community Development Director
APPROVED AS TO FORM AND LEGAL EFFECT:
By:____________________
Christine Dietrick, City Attorney
1808\03\1835187.4
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Seal Above)
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
1808\03\1835187.4
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Seal Above)
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
1808\03\1835187.4 B-1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL A:
(Parcel 1 of SLO AL 22-0011 – Doc. #2022-032524)
Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19 -0114, in the City of San Luis
Obispo, County of San Luis Obispo, State of California, according to map recorded November 25,
2020 in Book 82, Page 82 of Parcel Maps, filed in the office of the County Recorder of said County,
lying southerly and southwesterly of the following described line:
Beginning at the southeasterly corner of said Parcel 2, being a point in the westerly right of way
line of Laurel Lane, 81.00 feet wide, as shown on said map; thence along the southerly line of said
Parcel 2, North 57°16’14” West 337.08 feet, to an angle point on said line; thence South 48°53’54”
West 51.39 feet to a point on said line; thence leaving said line, North 57°36’19” West 28.10 feet;
thence North 12°17’31” West 24.98 feet; thence North 57°12’35” West 168.58 feet; thence North
32°42’19” East 50.90 feet; thence North 57°17’41” West 290.55 feet; thence South 32°42’19”
West 16.63 feet; thence North 57°17’41” West 275.64 feet, more or less, to a point on the westerly
line of said Parcel 1, distant South 41°13’29” West 117.83 feet from the most northerly corner of
said Parcel 1 as shown on said map.
PARCEL A-1:
Non-exclusive easements for access, parking and utilities and incidental rights thereto as set forth
in that certain document entitled, "Reciprocal Easement Agreement and Declaration of Covenants,
Conditions and Restrictions" recorded on November 25, 2020 as instrument no. 2020-69315, San
Luis Obispo County Official Records.
004-962-042
1808\03\1835187.4 B-2
EXHIBIT B
MAP SHOWING LOCATION OF AFFORDABLE UNITS AND SCHEDULE OF
AFFORDABLE UNITS
Unit Number Square Footage Bedroom Count Affordability
109 457 (unit only), 524 (unit + patio) Studio Moderate
1
From:Chuck Braff <chuck@bowtieholdings.com>
Sent:Thursday, November 30, 2023 9:07 AM
To:Goode, Owen
Subject:Re: Affordable Units - Parkwood and Laurel
Attachments:Planning Application copy 2.pdf
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Chuck Braff
On Nov 29, 2023, at 2:51 PM, Goode, Owen <ogoode@slocity.org> wrote:
Hi Chuck,
I just wanted to provide further clarification to you on why it is required to go to council for review. The
attached recorded agreement that was entered into states in section 5.7 Amendment to Agreement,
“Major amendments to this Agreement, shall be subject to the review and approval of the decision-
making body which approved the Project.” This has been interpreted as a major amendment which
requires staff to provide a modification to the original project approval.
Can you please reference in your planning application under “what do you want to do?” that the
applicant is requesting to modify the original project file ARC-124-06-1 by making a major amendment
to the Affordable Housing Restriction Agreement and Declaration of Restrictive Covenants for Garden
Street Terraces? This should suffice for the complete application, and I can send the invoice over to
you shortly after. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@bowtieholdings.com>
Sent: Wednesday, November 29, 2023 11:26 AM
To: Goode, Owen <ogoode@slocity.org>
Cc: McClish, Teresa <tmcclish@slocity.org>
Subject: Re: Affordable Units - Parkwood and Laurel
2
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Owen-
Please see attached. Please let me know if this satisfies your requests.
Please send invoice to me so I can pay through the portal.
Thank you.
Chuck
Chuck Braff
On Nov 17, 2023, at 4:15 PM, Goode, Owen <ogoode@slocity.org> wrote:
Hi Chuck,
We have identified that this will require a modification to the case number ARC 124-06-
1. I have started our internal case file for this, but I will need a completed planning
application attached and a “project description” which would just be an updated letter of
your request. The letter that was previously provided refers to intending to sell the home
to the existing resident which goes against the municipal code of allowing the
homeowner to select the buyer or tenant. Once we complete the application process, we
can generate the invoice which will be $5,144.21. Please let me know if you have any
follow-up questions. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
3
From: Chuck Braff <chuck@bowtieholdings.com>
Sent: Monday, November 13, 2023 8:31 AM
To: Goode, Owen <ogoode@slocity.org>
Cc: Bell, Kyle <KBell@slocity.org>
Subject: Re: Affordable Units - Parkwood and Laurel
Thank you for replying Owen.
I was under the impression that you were going to go back and confirm the application that this
property was associated with. I will review the MOD application and get that submitted.
Thank you.
I will need to go back to confirm the
application that this is associated with, as
this was a unique situation with the Garden
Street Terraces. Thank you for your
patience with me while I work to provide all
the accurate information to you in order for
us to move forward with this.
Chuck Braff
On Nov 13, 2023, at 8:17 AM, Goode, Owen <ogoode@slocity.org> wrote:
Hi Chuck,
I’m in the office today and was out Thursday and Friday last week. I’ll be
in the office until 11:30 am today and then will be out for a doctor’s
appointment. I mentioned previously on November 1 that because this
project approval received planning commission and council approval, it
requires an application to be submitted as a modification to the original
project approval from the applicant. Have you submitted the MOD
application for the project approval? When the application is received, we
can begin processing your request. Thank you.
Best,
Owen Goode
4
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@bowtieholdings.com>
Sent: Wednesday, November 8, 2023 8:44 PM
To: Goode, Owen <ogoode@slocity.org>
Cc: Bell, Kyle <KBell@slocity.org>
Subject: Re: Affordable Units - Parkwood and Laurel
Owen-
Where are we with this? I just checked and we started this process in October
of 2021. Please help me get this resolved as I can no longer afford any delays.
Please call me tomorrow to discuss an action plan to complete this transition.
Phone 310.990.6897.
Chuck Braff
On Nov 1, 2023, at 11:20 AM, Chuck Braff
<chuck@bowtieholdings.com> wrote:
Please move forward with helping us get this unit from Rental
to Sale.
I will work with HouseKeys.
Thank you.
Chuck Braff
5
On Nov 1, 2023, at 10:45 AM, Goode, Owen
<ogoode@slocity.org> wrote:
Hi Chuck,
I apologize for my delayed response and
would like to communicate to you that I
have not been intentionally ignoring your
emails. With significant staff changes this
was something that slipped through the
cracks which I understand is no excuse, but
I hope you understand that it’s not an
example of communication that we like to
set here at the City.
I mentioned below that we will require a
modification to the original project approval
which requires a planning application to be
submitted and a percentage cost of the
original application will be required as part
of the modification submittal (I believe 25%).
I will need to go back to confirm the
application that this is associated with, as
this was a unique situation with the Garden
Street Terraces. Thank you for your
patience with me while I work to provide all
the accurate information to you in order for
us to move forward with this.
I would like to mention, with HouseKeys as
our below market rate administrator, any
future sale of the home would be
administered through HouseKeys which
involves opportunity drawings, removing the
selection process from the owner. If this is
something that you would not be interested
in pursuing, please let me know so that we
may onboard the unit with our rental team.
Please let me know if you have any
questions and thank you again for your
continued patience with this topic.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
6
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA
93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image00
4.png>
Stay connected with the City by signing up
for e-notifications
From: Chuck Braff
<chuck@bowtieholdings.com>
Sent: Monday, October 30, 2023 3:11 PM
To: Goode, Owen <ogoode@slocity.org>
Cc: Bell, Kyle <KBell@slocity.org>
Subject: Re: Affordable Units - Parkwood and
Laurel
Kyle-
Can you please help? I cannot get an answer
from Owen and we do need to push this along.
It has been a couple of years now :).
Chuck Braff
On Oct 25, 2023, at 10:35 AM,
Chuck Braff
<chuck@bowtieholdings.com>
wrote:
Owen-
Where are you with this? Please
reply.
Chuck Braff
7
On Oct 4, 2023,
at 8:34 PM,
Chuck Braff
<chuck@bowti
eholdings.com>
wrote:
Owen-
Where are you
with the
Parkwood unit?
We’ve been at
this longer than
I think we
should have
been. Is there
anything I still
owe you?
Chuck Braff
O
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1
2
,
2
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2
3
,
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PLANNING APPLICATION
Community Development Department • 919 Palm Street • San Luis Obispo, California 93401 • (805) 781-7170
Project Address and Assessors Parcel Number(s):
What do you want to do? What is your final goal?
Day Phone:
Day Phone:
Day Phone:
The Applicant The representative The property owner
Applicant (Who is proposing the project?):
Applicant’s Address:
Representative (if any):
Representative’s Address:
Property Owner (if other than applicant):
Owner’s Address:
Please send all correspondence to:
By signing this application I certify that I have reviewed this completed
application and the attached material and consent to its filing. I agree to allow
the Community Development Department to duplicate and distribute plans
to interested persons as it determines is necessary for the processing of the
application.
Applicant/Representative Certification:
By signing this application I certify that the information provided is accurate.
I understand the City might not approve what I’m applying for, or
might set conditions of approval. I agree to allow the Community
Development Department to duplicate and distribute plans to interested
persons as it determines is necessary for processing of the application.
Signed Date Signed Date
This section is to be completed by the property owner and/or occupant who
controls access to the property. To adequately evaluate many project proposals
Community Development Department Staff, Commissioners and City Council
Members will have to gain access to the exterior of the real property in order
to adequately review and report on the proposed project. Your signature below
certifies that you agree to give the City permission to access the project site
from 8 a.m. to 5 p.m., Monday through Friday, as part of the normal review of
this planning application.
Occasionally, Community Development Department staff may need access to
one or more buildings on the project site. If this is the case, Staff will use the
contact information below to arange an appointment.
Permission to Access Property:Interior Inspection Contact Information:
Signed Date
Name:
Address:
Day Phone:
Check Review Application No. Fee Paid
Rezoning/PD
Use Permit
Variance
ARC Review
Env. Review
Subdivision
GP Amendment
Annexation
Other
Application fee paid by:
the applicant the representative the property owner
Received by: Date:
Notes to file: Office Use Only6-16
Indemnification Agreement:
The Owner/Applicant shall defend, indemnify and hold harmless the City or its
agents or officers and employees from any claim, action or proceeding against
the City or its agents, officers or employees, to attack, set aside, void, or annul,
in whole or in part, the City’s approval of this project. In the event that the City
fails to promptly notify the Owner / Applicant of any such claim, action or pro-
ceeding, or that the City fails to cooperate fully in the defense of said claim, this
condition shall thereafter be of no further force or effect.
Signed Date
Email:
Email:
Email:
Property Owner Authorization:
GSSP, LLC 805.965.2100
psmith@westpacinv.com
805.965.2100
psmith@westpacinv.com
chuck@westpacinv.com
310.990.6897
505 Bath Street, Santa Barbara,CA 93101
x
GSSP, LLC (Pat Smith)
SAME
Pat Smith/ Chuck
505 Bath Street, Santa Barbara,CA 93101
to owner occupied.
Deed restriction change from rental
1023 Southwood, Unit C, San Luis Obispo, 93401
1
From:Alvarez Jr., Joey <J0AX@pge.com>
Sent:Wednesday, November 8, 2023 3:07 PM
To:DeGiovanni, Stephanie
Subject:Re: PM# 35208668-EP 1150 LAUREL LN SAN LUIS OBISPO
Attachments:1150 Laurel - PG&E permit.pdf
Hello,
Please see attached signed permit.
Sincerely,
Joey Alvarez | Permit Facilitator - Los Padres Division
Pacific Gas & Electric | Enterprise Public Works
Cellular: 805.206.1011 | Email: J0AX@PGE.COM
Division EPWC Email : LPDivPGEPermits@pge.com
** Please note I will be out of office from October 28th to November 6th **
From: DeGiovanni, Stephanie <sdegiova@slocity.org>
Sent: Wednesday, November 8, 2023 2:41 PM
To: Alvarez Jr., Joey <J0AX@pge.com>
Cc: LaFreniere, Matt <mlafreni@slocity.org>; LPDIVPGEPERMITS <LPDIVPGEPERMITS@pge.com>
Subject: RE: PM# 35208668-EP 1150 LAUREL LN SAN LUIS OBISPO
CAUTION: EXTERNAL SENDER!
This email was sent from an EXTERNAL source. Do you know this person? Are you expecting this
email? Are you expecting any links or attachments? If suspicious, do not click links, open
attachments, or provide credentials. Don't delete it. Report it by using the "Report Phish"
button.
Hi Joey,
Please sign and email back to me the attached permit page.
Thank you,
Stephanie DeGiovanni
Permit Technician I
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E sdegiova@slocity.org
T 805.781.7111
slocity.org
2
Stay connected with the City by signing up for e-notifications
From: Alvarez Jr., Joey <J0AX@pge.com>
Sent: Thursday, October 12, 2023 4:28 PM
To: DeGiovanni, Stephanie <sdegiova@slocity.org>
Cc: LaFreniere, Matt <mlafreni@slocity.org>; LPDIVPGEPERMITS <LPDIVPGEPERMITS@pge.com>
Subject: PM# 35208668-EP 1150 LAUREL LN SAN LUIS OBISPO
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hello,
Please see attached permit application.
Joey Alvarez | Permit Facilitator - Los Padres Division
Pacific Gas & Electric | Enterprise Public Works Coordination
Cellular: 805.206.1011 | E-mail: J0AX@PGE.com
Division EPWC Email : LPDivPGEPermits@pge.com
You can read about PG&E’s data privacy practices at PGE.com/privacy.
ENCROACHMENT PERMIT
Utility Company - Blanket Maint Work
ENCR-2977-2023Public Works Department • 919 Palm Street • San Luis Obispo, CA 93401-3218
Location:1150 Laurel Ln
USA #: N/A
X-streets:
Project Name:
Orcutt, Camden Other permits required:
PG&E to remove primary, install span guy
Applicant:Pacific Gas & Electric Company (PG&E)
Joey Alvarez
805-206-1011
Description of Work:
PG&E PM # 35208668. PG&E to remove primary, install span guy, raise
attachment at location 8, and install padmounted interrupts on location 3 and
5. Must coordinate with SLO Transit (805-781-7531) for displaced bus stop.
All work to be done to City Standard Specifications & Engineering Standards.
Traffic and pedestrian controls must be per the attached plans and City
Appendix G & MUTCD Standards. Call the Public Works inspection hotline at
805-781-7554 two working days prior to the start of work and one working day
prior to each subsequent inspection. Permittee is responsible for calling for
final inspection so the permit can be closed.
Traffic Delineation Plan Required: Yes
Approved by: Ryan Caldera on 11/8/2023
Frontage Improvements Complete/Upgraded
Curb Ramp Complete/Upgraded
City Fiber Bus Route Sewer Wye
All work performed within the right-of-way shall conform to the City of San Luis Obispo Engineering Standard Details
and Standard Specifications.
You are responsible for liability for personal injury and / or property damage caused by this work or your failure to do what you are
obligated to do. If a claim of such liability is made against the City or any of its departments, officers, or employees, you shall, and
hereby agree to, defend and indemnify the City and hold the City harmless from any claims, including costs of defense and attorney
fees.
All work shall be completed and the right-of-way restored by: December 13, 2024
AGREEMENT: I have read this permit and acknowledge receipt of the City of San Luis Obispo Encroachment Permit
General Provisions and ___ pages of attached special conditions which I have read, agree to, and acknowledge as a
part of this permit.
Signature Date
Print Name
Issued By Date
Final Inspection By Date
DEPT. of PUBLIC WORKS
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
11/08/2023
11/8/2023
Joey Alvarez
1
From:Tway, Timothea (Timmi)
Sent:Monday, October 16, 2023 9:47 AM
To:Chuck Braff
Cc:Patrick Smith; Jonathan Branoff
Subject:RE: Laurel Creek - call follow up
Hi Chuck,
We need to keep the call internal for now, but I will give you a ring after we have some direction internally.
Thanks!
Timothea (Timmi) Tway
Director of Community Development
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, October 13, 2023 10:26 AM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Patrick Smith <psmith@westpacinv.com>; Jonathan Branoff <Jonathan@westpacinv.com>
Subject: Re: Laurel Creek - call follow up
Timmi-
Can we participate in the Monday meeting with the City's attorney? Happy to call in or meet in person. If not, can we set up a
call time with you following the meeting? We are under pressure to continue to move this project along and days matter.
Again, we appreciate the energy you have brought and are thrilled to have you here in SLO.
Thank you,
Chuck Braff
M: 310.990.6897
On Oct 10, 2023, at 9:46 AM, Tway, Timothea (Timmi) <TTway@slocity.org> wrote:
Pat –
I understand – I will share with the City Attorney and we will give you some options for moving forward.
Timmi
2
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Patrick Smith <psmith@westpacinv.com>
Sent: Tuesday, October 10, 2023 9:11 AM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Jonathan Branoff <Jonathan@westpacinv.com>
Subject: Re: Laurel Creek - call follow up
We need to move the process forward one way or the other. We have the identical partners in all of the
property as to ownership.
The city code expressly allows transfers of density in the property
I sincerely don’t see the issue with moving the planning forward?
We can void the property lines at a moment’s notice. But this seems like make work.
The property likes were put in place for financing options….and follow the design and phasing plan discussed
early on with the city…this was
due to the property size and realistic timing for development
Please help get us moving
Best
Pat
Sent from my iPhone
Patrick Smith
Chief Executive Officer
Westpac Communities
505 Bath St.
Santa Barbara Ca. 93101
805.965.2100 (office)
970.987.1413 (cell)
805.965.2177(fax)
psmith@westpacinv.com
(Business)
n700ps@aol.com
(Personal)
On Oct 10, 2023, at 8:49 AM, Tway, Timothea (Timmi) <TTway@slocity.org> wrote:
Hi Chuck,
3
Understandable – I have a conversation with them scheduled for next Monday – it was
the earliest that I could find time that we were available to talk internally. In the
meantime I have forwarded them your request so they have it for consideration. I can
check in to see if they have initial thoughts prior to our conversation,
Thanks,
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png>
<image003.png>
<image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, October 10, 2023 8:47 AM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Jonathan Branoff <Jonathan@westpacinv.com>; Patrick Smith <psmith@westpacinv.com>
Subject: Re: Laurel Creek - call follow up
Timmi-
How did your conversation with the City Attorney’s office go? As you can imagine we are
anxious to hear back on how best to proceed forward with Laurel Creek.
Chuck Braff
M: 310.990.6897
On Oct 6, 2023, at 9:11 AM, Charles Braff <chuck@westpacinv.com> wrote:
Thank you Timmi. Please let us know when you hear back.
Chuck Braff
M: 310.990.6897
On Oct 3, 2023, at 3:49 PM, Tway, Timothea (Timmi)
<TTway@slocity.org> wrote:
Thank you Jonathan,
Let me confer with the City Attorney’s office and planning
team and I will get back to you,
4
Thanks,
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png><image004.png><image005.png>
Stay connected with the City by signing up for e-
notifications
From: Jonathan Branoff <Jonathan@westpacinv.com>
Sent: Tuesday, October 3, 2023 3:23 PM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Patrick Smith <psmith@westpacinv.com>; Chuck Braff
<chuck@westpacinv.com>
Subject: Laurel Creek - call follow up
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Timmi,
On behalf of Pat & Chuck, please see the message below.
Thank you for chatting the other day. We appreciate you taking
time to work with us to find the best possible solution moving
forward.
After our call it occurred to us that having multiple parcels may
not technically be a problem. Since the underlying ownership of
all of the parcels is the same, we believe there is what is
considered to be a “merger of title”. This legally recognizes that
the multiple parcels are in actuality treated as one. Recognizing
this merger of title would allow us to move forward without
needing to revisit the previous subdivision of the parcel and the
complications that may be caused as a result of having different
ownership on a master development.
Notwithstanding the above, please consider the following recap
of our call below:
Laurel cannot afford to provide 25% affordable units. The land
purchase coupled with the costs to improve the property (more
than $8MM in unexpected costs) have left us unable to provide
more than the code required affordable housing units. We have
spent months trying to make it work, but it does not pencil out.
Pat has worked closely with HASLO, gifted more than 10MM in
property in the past 20 years, and even provided HASLO with
reduced rent for their office space here at Laurel.
5
We have been working with City staff for some time on the
overall planning for the 17+ acres. Once we finalized our vision
we worked with Staff to divide the property into phase-able and
financeable 150+/- unit parcels. Staff supported this effort as
the larger project may be too difficult to finance and construct
concurrently. We had no idea that subdividing the parcels
would potentially impact our ability to share the very density
we were proposing to provide. Our architect in conjunction with
city staff directed us to an ordinance in the zoning regulations
that specifically allows density sharing across contiguous parcels
with common ownership. We have already recorded a Density
Sharing Agreement across the parcels and believe it would be
treated similarly to a cross-parking agreement.
It’s been posed to us by city staff that we may be able to cut
down the schedule considerably by using the existing in place
zoning to continue the entitlements. We would like to move
forward as expeditiously as possible.
Again, it is our hope that no additional steps are necessary as a
result of the common ownership of the entire project. We
would encourage you to speak with the city attorney to verify
this position. We would like the city to re-engage the processing
of our plans for approval in the normal course of the
entitlement process and look forward to the necessary hearings
as soon as practical to allow our project to proceed.
Thank you,
Jonathan Branoff
Executive Vice President
<image006.png>
1150 Laurel Lane | San Luis Obispo, CA | 93401
jonathan@westpacinv.com
O: 805.965.2100
M: 517.505.0083
1
From:Felicia Villegas <felicia@alphafsa.com>
Sent:Monday, October 16, 2023 11:28 AM
To:Maggio, Rodger
Cc:Beres, Jason; Bryan Mott; Silva, Ilianna
Subject:Re: FIRE-2474-2023 (1150 Laurel Ln)
Understood, Thank you Rodger, Just trying to under the fees so I can tell the client.
Thank you for your help
On Mon, Oct 16, 2023 at 11:13 AM Maggio, Rodger <rmaggio@slocity.org> wrote:
Fire alarm pan review and inspection fees are based on the number of devices being installed, regardless
of it being a new system or addition to and existing system.
Rodger
From: Felicia Villegas <felicia@alphafsa.com>
Sent: Monday, October 16, 2023 11:04 AM
To: Beres, Jason <jberes@slocity.org>
Cc: Maggio, Rodger <rmaggio@slocity.org>; Bryan Mott <bryan@alphafsa.com>; Silva, Ilianna
<ISilva@slocity.org>
Subject: Fwd: FIRE-2474-2023 (1150 Laurel Ln)
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hello good morning Jason,
I just received an invoice for permit # Fire-2474-2023 (1150 Laurel Lane - 44 Apt ) This project is for a
modification to the Fire Alarm system adding 297 devices to the existing panel.
The invoice is for $5,316.21? This project is not a new system, can you please explain the fee for this
project?, See attached plan for reference.
Thank you
2
---------- Forwarded message ---------
From: Silva, Ilianna <ISilva@slocity.org>
Date: Mon, Oct 16, 2023 at 8:46 AM
Subject: FIRE-2474-2023 (1150 Laurel Ln)
To: FELICIA@ALPHAFSA.COM <FELICIA@alphafsa.com>
Hello Felicia,
Please see attached invoice for FIRE-2474-2023.
Your project is ready to issue. Your plans are stamped and ready for pick up. Attached you will find your
remaining fees, below is information on how to pay.
The above-mentioned project is ready for issuance. In order to issue this permit we would need you to go
online and make a payment or mail in a check with the amount on the invoice attached. Please follow this
link (https://infoslo.slocity.org/EnerGov_Prod/selfservice#/home) and click on the pay invoice square. On
the next page top left there is an option to search invoice. Please search invoice # that is on the Invoice
attached. There is no need to create an account initially to make a payment.
When paying online please email or call me back to confirm payment. If you wish to pay with a check,
please mail the check to address 919 Palm Street, San Luis Obispo, CA 93401-3218 attention to the
Building Department. Please include the permit number and address for either option to ensure we can
assist you promptly. Thank you!
Ilianna Silva
Permit Technician I
Community Development
E ISilva@slocity.org
3
slocity.org
Stay connected with the City by signing up for e-notifications
--
Felicia M Villegas, Project Coordinator
Alpha Fire Unlimited
phone: (805) 541-2527 ex 117
email: Felicia@alphafsa.com
Lic C-10, C-16, 761360 ACO # 5365 E#2466
650 Sweeney Lane, San Luis Obispo, CA 93401
Website • Facebook • Instagram
__________________________________________________
Confidentiality Notice: This communication and any attachments contain information that is proprietary,
confidential, and/or legally privileged. It is solely intended for the recipient(s) or entity(s) listed above to whom the
information was originally transmitted. If you are not an originally intended recipient, the reading, copying, disclosure or
other use of the contents of this e-mail is strictly prohibited and you are instructed to delete this e-mail immediately.
--
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.alpha_logo_2017.png
Felicia M Villegas, Project Coordinator
Alpha Fire Unlimited
phone: (805) 541-2527 ex 117
email: Felicia@alphafsa.com
Lic C-10, C-16, 761360 ACO # 5365 E#2466
650 Sweeney Lane, San Luis Obispo, CA 93401
Website • Facebook • Instagram
__________________________________________________
Confidentiality Notice: This communication and any attachments contain information that is proprietary,
confidential, and/or legally privileged. It is solely intended for the recipient(s) or entity(s) listed above to whom the
information was originally transmitted. If you are not an originally intended recipient, the reading, copying, disclosure or
other use of the contents of this e-mail is strictly prohibited and you are instructed to delete this e-mail immediately.
1
From:Chuck Braff <chuck@westpacinv.com>
Sent:Friday, October 13, 2023 10:26 AM
To:Tway, Timothea (Timmi)
Cc:Patrick Smith; Jonathan Branoff
Subject:Re: Laurel Creek - call follow up
Flag Status:Completed
Timmi-
Can we participate in the Monday meeting with the City's attorney? Happy to call in or meet in person. If not, can
we set up a call time with you following the meeting? We are under pressure to continue to move this project
along and days matter.
Again, we appreciate the energy you have brought and are thrilled to have you here in SLO.
Thank you,
Chuck Braff
M: 310.990.6897
On Oct 10, 2023, at 9:46 AM, Tway, Timothea (Timmi) <TTway@slocity.org> wrote:
Pat –
I understand – I will share with the City Attorney and we will give you some options for moving forward.
Timmi
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Patrick Smith <psmith@westpacinv.com>
Sent: Tuesday, October 10, 2023 9:11 AM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Jonathan Branoff <Jonathan@westpacinv.com>
Subject: Re: Laurel Creek - call follow up
We need to move the process forward one way or the other. We have the identical partners in all of the
property as to ownership.
The city code expressly allows transfers of density in the property
I sincerely don’t see the issue with moving the planning forward?
We can void the property lines at a moment’s notice. But this seems like make work.
2
The property likes were put in place for financing options….and follow the design and phasing plan discussed
early on with the city…this was
due to the property size and realistic timing for development
Please help get us moving
Best
Pat
Sent from my iPhone
Patrick Smith
Chief Executive Officer
Westpac Communities
505 Bath St.
Santa Barbara Ca. 93101
805.965.2100 (office)
970.987.1413 (cell)
805.965.2177(fax)
psmith@westpacinv.com
(Business)
n700ps@aol.com
(Personal)
On Oct 10, 2023, at 8:49 AM, Tway, Timothea (Timmi) <TTway@slocity.org> wrote:
Hi Chuck,
Understandable – I have a conversation with them scheduled for next Monday – it was
the earliest that I could find time that we were available to talk internally. In the
meantime I have forwarded them your request so they have it for consideration. I can
check in to see if they have initial thoughts prior to our conversation,
Thanks,
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png>
<image003.png>
<image004.png>
Stay connected with the City by signing up for e-notifications
3
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, October 10, 2023 8:47 AM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Jonathan Branoff <Jonathan@westpacinv.com>; Patrick Smith <psmith@westpacinv.com>
Subject: Re: Laurel Creek - call follow up
Timmi-
How did your conversation with the City Attorney’s office go? As you can imagine we are
anxious to hear back on how best to proceed forward with Laurel Creek.
Chuck Braff
M: 310.990.6897
On Oct 6, 2023, at 9:11 AM, Charles Braff <chuck@westpacinv.com> wrote:
Thank you Timmi. Please let us know when you hear back.
Chuck Braff
M: 310.990.6897
On Oct 3, 2023, at 3:49 PM, Tway, Timothea (Timmi)
<TTway@slocity.org> wrote:
Thank you Jonathan,
Let me confer with the City Attorney’s office and planning
team and I will get back to you,
Thanks,
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png><image004.png><image005.png>
Stay connected with the City by signing up for e-
notifications
From: Jonathan Branoff <Jonathan@westpacinv.com>
Sent: Tuesday, October 3, 2023 3:23 PM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Patrick Smith <psmith@westpacinv.com>; Chuck Braff
<chuck@westpacinv.com>
Subject: Laurel Creek - call follow up
4
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond
Hi Timmi,
On behalf of Pat & Chuck, please see the message below.
Thank you for chatting the other day. We appreciate you taking
time to work with us to find the best possible solution moving
forward.
After our call it occurred to us that having multiple parcels may
not technically be a problem. Since the underlying ownership of
all of the parcels is the same, we believe there is what is
considered to be a “merger of title”. This legally recognizes that
the multiple parcels are in actuality treated as one. Recognizing
this merger of title would allow us to move forward without
needing to revisit the previous subdivision of the parcel and the
complications that may be caused as a result of having different
ownership on a master development.
Notwithstanding the above, please consider the following recap
of our call below:
Laurel cannot afford to provide 25% affordable units. The land
purchase coupled with the costs to improve the property (more
than $8MM in unexpected costs) have left us unable to provide
more than the code required affordable housing units. We have
spent months trying to make it work, but it does not pencil out.
Pat has worked closely with HASLO, gifted more than 10MM in
property in the past 20 years, and even provided HASLO with
reduced rent for their office space here at Laurel.
We have been working with City staff for some time on the
overall planning for the 17+ acres. Once we finalized our vision
we worked with Staff to divide the property into phase-able and
financeable 150+/- unit parcels. Staff supported this effort as
the larger project may be too difficult to finance and construct
concurrently. We had no idea that subdividing the parcels
would potentially impact our ability to share the very density
we were proposing to provide. Our architect in conjunction with
city staff directed us to an ordinance in the zoning regulations
that specifically allows density sharing across contiguous parcels
with common ownership. We have already recorded a Density
Sharing Agreement across the parcels and believe it would be
treated similarly to a cross-parking agreement.
It’s been posed to us by city staff that we may be able to cut
down the schedule considerably by using the existing in place
zoning to continue the entitlements. We would like to move
forward as expeditiously as possible.
Again, it is our hope that no additional steps are necessary as a
result of the common ownership of the entire project. We
5
would encourage you to speak with the city attorney to verify
this position. We would like the city to re-engage the processing
of our plans for approval in the normal course of the
entitlement process and look forward to the necessary hearings
as soon as practical to allow our project to proceed.
Thank you,
Jonathan Branoff
Executive Vice President
<image006.png>
1150 Laurel Lane | San Luis Obispo, CA | 93401
jonathan@westpacinv.com
O: 805.965.2100
M: 517.505.0083
1
From:LaFreniere, Matt
Sent:Thursday, October 12, 2023 5:03 PM
To:Alvarez Jr., Joey; DeGiovanni, Stephanie
Cc:LPDIVPGEPERMITS
Subject:RE: PM# 35208668-EP 1150 LAUREL LN SAN LUIS OBISPO
Thank you, Joey. I’ve routed this to the Traffic Division for their review. I will contact you after I receive their review.
Matt LaFreniere
pronouns he/him/his
Engineering Technician III
Community Development
Engineering Development Review
919 Palm Street, San Luis Obispo, CA 93401-3218
E mlafreni@slocity.org
T 805.781.7015
slocity.org
Stay connected with the City by signing up for e-notifications
From: Alvarez Jr., Joey <J0AX@pge.com>
Sent: Thursday, October 12, 2023 4:28 PM
To: DeGiovanni, Stephanie <sdegiova@slocity.org>
Cc: LaFreniere, Matt <mlafreni@slocity.org>; LPDIVPGEPERMITS <LPDIVPGEPERMITS@pge.com>
Subject: PM# 35208668-EP 1150 LAUREL LN SAN LUIS OBISPO
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hello,
Please see attached permit application.
Joey Alvarez | Permit Facilitator - Los Padres Division
Pacific Gas & Electric | Enterprise Public Works Coordination
Cellular: 805.206.1011 | E-mail: J0AX@PGE.com
Division EPWC Email : LPDivPGEPermits@pge.com
2
You can read about PG&E’s data privacy practices at PGE.com/privacy.
1
From:Tway, Timothea (Timmi)
Sent:Tuesday, October 10, 2023 9:46 AM
To:Patrick Smith
Cc:Chuck Braff; Jonathan Branoff
Subject:RE: Laurel Creek - call follow up
Pat –
I understand – I will share with the City Attorney and we will give you some options for moving forward.
Timmi
Timothea (Timmi) Tway
Director of Community Development
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
Stay connected with the City by signing up for e-notifications
From: Patrick Smith <psmith@westpacinv.com>
Sent: Tuesday, October 10, 2023 9:11 AM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Jonathan Branoff <Jonathan@westpacinv.com>
Subject: Re: Laurel Creek - call follow up
We need to move the process forward one way or the other. We have the identical partners in all of the property as to
ownership.
The city code expressly allows transfers of density in the property
I sincerely don’t see the issue with moving the planning forward?
We can void the property lines at a moment’s notice. But this seems like make work.
The property likes were put in place for financing options….and follow the design and phasing plan discussed early on with the
city…this was
due to the property size and realistic timing for development
Please help get us moving
Best
Pat
Sent from my iPhone
Patrick Smith
Chief Executive Officer
2
Westpac Communities
505 Bath St.
Santa Barbara Ca. 93101
805.965.2100 (office)
970.987.1413 (cell)
805.965.2177(fax)
psmith@westpacinv.com
(Business)
n700ps@aol.com
(Personal)
On Oct 10, 2023, at 8:49 AM, Tway, Timothea (Timmi) <TTway@slocity.org> wrote:
Hi Chuck,
Understandable – I have a conversation with them scheduled for next Monday – it was the earliest that
I could find time that we were available to talk internally. In the meantime I have forwarded them your
request so they have it for consideration. I can check in to see if they have initial thoughts prior to our
conversation,
Thanks,
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png>
<image003.png>
<image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, October 10, 2023 8:47 AM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Jonathan Branoff <Jonathan@westpacinv.com>; Patrick Smith <psmith@westpacinv.com>
Subject: Re: Laurel Creek - call follow up
Timmi-
How did your conversation with the City Attorney’s office go? As you can imagine we are anxious to hear back
on how best to proceed forward with Laurel Creek.
Chuck Braff
M: 310.990.6897
3
On Oct 6, 2023, at 9:11 AM, Charles Braff <chuck@westpacinv.com> wrote:
Thank you Timmi. Please let us know when you hear back.
Chuck Braff
M: 310.990.6897
On Oct 3, 2023, at 3:49 PM, Tway, Timothea (Timmi) <TTway@slocity.org>
wrote:
Thank you Jonathan,
Let me confer with the City Attorney’s office and planning team and I will
get back to you,
Thanks,
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png><image004.png><image005.png>
Stay connected with the City by signing up for e-notifications
From: Jonathan Branoff <Jonathan@westpacinv.com>
Sent: Tuesday, October 3, 2023 3:23 PM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Patrick Smith <psmith@westpacinv.com>; Chuck Braff
<chuck@westpacinv.com>
Subject: Laurel Creek - call follow up
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Timmi,
On behalf of Pat & Chuck, please see the message below.
Thank you for chatting the other day. We appreciate you taking time to work
with us to find the best possible solution moving forward.
After our call it occurred to us that having multiple parcels may not technically
be a problem. Since the underlying ownership of all of the parcels is the same,
we believe there is what is considered to be a “merger of title”. This legally
recognizes that the multiple parcels are in actuality treated as one. Recognizing
this merger of title would allow us to move forward without needing to revisit
the previous subdivision of the parcel and the complications that may be caused
as a result of having different ownership on a master development.
4
Notwithstanding the above, please consider the following recap of our call
below:
Laurel cannot afford to provide 25% affordable units. The land purchase coupled
with the costs to improve the property (more than $8MM in unexpected costs)
have left us unable to provide more than the code required affordable housing
units. We have spent months trying to make it work, but it does not pencil out.
Pat has worked closely with HASLO, gifted more than 10MM in property in the
past 20 years, and even provided HASLO with reduced rent for their office space
here at Laurel.
We have been working with City staff for some time on the overall planning for
the 17+ acres. Once we finalized our vision we worked with Staff to divide the
property into phase-able and financeable 150+/- unit parcels. Staff supported
this effort as the larger project may be too difficult to finance and construct
concurrently. We had no idea that subdividing the parcels would potentially
impact our ability to share the very density we were proposing to provide. Our
architect in conjunction with city staff directed us to an ordinance in the zoning
regulations that specifically allows density sharing across contiguous parcels
with common ownership. We have already recorded a Density Sharing
Agreement across the parcels and believe it would be treated similarly to a
cross-parking agreement.
It’s been posed to us by city staff that we may be able to cut down the schedule
considerably by using the existing in place zoning to continue the entitlements.
We would like to move forward as expeditiously as possible.
Again, it is our hope that no additional steps are necessary as a result of the
common ownership of the entire project. We would encourage you to speak
with the city attorney to verify this position. We would like the city to re-engage
the processing of our plans for approval in the normal course of the entitlement
process and look forward to the necessary hearings as soon as practical to allow
our project to proceed.
Thank you,
Jonathan Branoff
Executive Vice President
<image006.png>
1150 Laurel Lane | San Luis Obispo, CA | 93401
jonathan@westpacinv.com
O: 805.965.2100
M: 517.505.0083
1
From:Patrick Smith <psmith@westpacinv.com>
Sent:Tuesday, October 10, 2023 12:39 PM
To:Tway, Timothea (Timmi)
Cc:Chuck Braff; Jonathan Branoff
Subject:Re: Laurel Creek - call follow up
Thank you!
Sent from my iPhone
Patrick Smith
Chief Executive Officer
Westpac Communities
505 Bath St.
Santa Barbara Ca. 93101
805.965.2100 (office)
970.987.1413 (cell)
805.965.2177(fax)
psmith@westpacinv.com
(Business)
n700ps@aol.com
(Personal)
On Oct 10, 2023, at 9:46 AM, Tway, Timothea (Timmi) <TTway@slocity.org> wrote:
Pat –
I understand – I will share with the City Attorney and we will give you some options for moving forward.
Timmi
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png>
<image003.png>
<image004.png>
2
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From: Patrick Smith <psmith@westpacinv.com>
Sent: Tuesday, October 10, 2023 9:11 AM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Jonathan Branoff <Jonathan@westpacinv.com>
Subject: Re: Laurel Creek - call follow up
We need to move the process forward one way or the other. We have the identical partners in all of the
property as to ownership.
The city code expressly allows transfers of density in the property
I sincerely don’t see the issue with moving the planning forward?
We can void the property lines at a moment’s notice. But this seems like make work.
The property likes were put in place for financing options….and follow the design and phasing plan discussed
early on with the city…this was
due to the property size and realistic timing for development
Please help get us moving
Best
Pat
Sent from my iPhone
Patrick Smith
Chief Executive Officer
Westpac Communities
505 Bath St.
Santa Barbara Ca. 93101
805.965.2100 (office)
970.987.1413 (cell)
805.965.2177(fax)
psmith@westpacinv.com
(Business)
n700ps@aol.com
(Personal)
On Oct 10, 2023, at 8:49 AM, Tway, Timothea (Timmi) <TTway@slocity.org> wrote:
Hi Chuck,
Understandable – I have a conversation with them scheduled for next Monday – it was
the earliest that I could find time that we were available to talk internally. In the
meantime I have forwarded them your request so they have it for consideration. I can
check in to see if they have initial thoughts prior to our conversation,
Thanks,
3
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png>
<image003.png>
<image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, October 10, 2023 8:47 AM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Jonathan Branoff <Jonathan@westpacinv.com>; Patrick Smith <psmith@westpacinv.com>
Subject: Re: Laurel Creek - call follow up
Timmi-
How did your conversation with the City Attorney’s office go? As you can imagine we are
anxious to hear back on how best to proceed forward with Laurel Creek.
Chuck Braff
M: 310.990.6897
On Oct 6, 2023, at 9:11 AM, Charles Braff <chuck@westpacinv.com> wrote:
Thank you Timmi. Please let us know when you hear back.
Chuck Braff
M: 310.990.6897
On Oct 3, 2023, at 3:49 PM, Tway, Timothea (Timmi)
<TTway@slocity.org> wrote:
Thank you Jonathan,
Let me confer with the City Attorney’s office and planning
team and I will get back to you,
Thanks,
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
4
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png><image004.png><image005.png>
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From: Jonathan Branoff <Jonathan@westpacinv.com>
Sent: Tuesday, October 3, 2023 3:23 PM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Patrick Smith <psmith@westpacinv.com>; Chuck Braff
<chuck@westpacinv.com>
Subject: Laurel Creek - call follow up
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Hi Timmi,
On behalf of Pat & Chuck, please see the message below.
Thank you for chatting the other day. We appreciate you taking
time to work with us to find the best possible solution moving
forward.
After our call it occurred to us that having multiple parcels may
not technically be a problem. Since the underlying ownership of
all of the parcels is the same, we believe there is what is
considered to be a “merger of title”. This legally recognizes that
the multiple parcels are in actuality treated as one. Recognizing
this merger of title would allow us to move forward without
needing to revisit the previous subdivision of the parcel and the
complications that may be caused as a result of having different
ownership on a master development.
Notwithstanding the above, please consider the following recap
of our call below:
Laurel cannot afford to provide 25% affordable units. The land
purchase coupled with the costs to improve the property (more
than $8MM in unexpected costs) have left us unable to provide
more than the code required affordable housing units. We have
spent months trying to make it work, but it does not pencil out.
Pat has worked closely with HASLO, gifted more than 10MM in
property in the past 20 years, and even provided HASLO with
reduced rent for their office space here at Laurel.
We have been working with City staff for some time on the
overall planning for the 17+ acres. Once we finalized our vision
we worked with Staff to divide the property into phase-able and
financeable 150+/- unit parcels. Staff supported this effort as
the larger project may be too difficult to finance and construct
concurrently. We had no idea that subdividing the parcels
would potentially impact our ability to share the very density
5
we were proposing to provide. Our architect in conjunction with
city staff directed us to an ordinance in the zoning regulations
that specifically allows density sharing across contiguous parcels
with common ownership. We have already recorded a Density
Sharing Agreement across the parcels and believe it would be
treated similarly to a cross-parking agreement.
It’s been posed to us by city staff that we may be able to cut
down the schedule considerably by using the existing in place
zoning to continue the entitlements. We would like to move
forward as expeditiously as possible.
Again, it is our hope that no additional steps are necessary as a
result of the common ownership of the entire project. We
would encourage you to speak with the city attorney to verify
this position. We would like the city to re-engage the processing
of our plans for approval in the normal course of the
entitlement process and look forward to the necessary hearings
as soon as practical to allow our project to proceed.
Thank you,
Jonathan Branoff
Executive Vice President
<image006.png>
1150 Laurel Lane | San Luis Obispo, CA | 93401
jonathan@westpacinv.com
O: 805.965.2100
M: 517.505.0083
1
From:Chuck Braff <chuck@westpacinv.com>
Sent:Friday, October 6, 2023 9:11 AM
To:Tway, Timothea (Timmi)
Cc:Jonathan Branoff; Patrick Smith
Subject:Re: Laurel Creek - call follow up
Thank you Timmi. Please let us know when you hear back.
Chuck Braff
M: 310.990.6897
On Oct 3, 2023, at 3:49 PM, Tway, Timothea (Timmi) <TTway@slocity.org> wrote:
Thank you Jonathan,
Let me confer with the City Attorney’s office and planning team and I will get back to you,
Thanks,
Timothea (Timmi) Tway
Director of Community Development
<image001.png>
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
<image002.png><image004.png><image005.png>
Stay connected with the City by signing up for e-notifications
From: Jonathan Branoff <Jonathan@westpacinv.com>
Sent: Tuesday, October 3, 2023 3:23 PM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Cc: Patrick Smith <psmith@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Subject: Laurel Creek - call follow up
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Timmi,
On behalf of Pat & Chuck, please see the message below.
Thank you for chatting the other day. We appreciate you taking time to work with us to find the best possible
solution moving forward.
After our call it occurred to us that having multiple parcels may not technically be a problem. Since the
underlying ownership of all of the parcels is the same, we believe there is what is considered to be a “merger of
title”. This legally recognizes that the multiple parcels are in actuality treated as one. Recognizing this merger of
2
title would allow us to move forward without needing to revisit the previous subdivision of the parcel and the
complications that may be caused as a result of having different ownership on a master development.
Notwithstanding the above, please consider the following recap of our call below:
Laurel cannot afford to provide 25% affordable units. The land purchase coupled with the costs to improve the
property (more than $8MM in unexpected costs) have left us unable to provide more than the code required
affordable housing units. We have spent months trying to make it work, but it does not pencil out. Pat has
worked closely with HASLO, gifted more than 10MM in property in the past 20 years, and even provided HASLO
with reduced rent for their office space here at Laurel.
We have been working with City staff for some time on the overall planning for the 17+ acres. Once we finalized
our vision we worked with Staff to divide the property into phase-able and financeable 150+/- unit parcels. Staff
supported this effort as the larger project may be too difficult to finance and construct concurrently. We had no
idea that subdividing the parcels would potentially impact our ability to share the very density we were
proposing to provide. Our architect in conjunction with city staff directed us to an ordinance in the zoning
regulations that specifically allows density sharing across contiguous parcels with common ownership. We have
already recorded a Density Sharing Agreement across the parcels and believe it would be treated similarly to a
cross-parking agreement.
It’s been posed to us by city staff that we may be able to cut down the schedule considerably by using the
existing in place zoning to continue the entitlements. We would like to move forward as expeditiously as
possible.
Again, it is our hope that no additional steps are necessary as a result of the common ownership of the entire
project. We would encourage you to speak with the city attorney to verify this position. We would like the city
to re-engage the processing of our plans for approval in the normal course of the entitlement process and look
forward to the necessary hearings as soon as practical to allow our project to proceed.
Thank you,
Jonathan Branoff
Executive Vice President
<image006.png>
1150 Laurel Lane | San Luis Obispo, CA | 93401
jonathan@westpacinv.com
O: 805.965.2100
M: 517.505.0083
1
From:Jonathan Branoff <Jonathan@westpacinv.com>
Sent:Tuesday, October 3, 2023 3:23 PM
To:Tway, Timothea (Timmi)
Cc:Patrick Smith; Chuck Braff
Subject:Laurel Creek - call follow up
Attachments:2023-007662 Density Share Agree.pdf; Laurel Creek Entitlements Memo - 2-2-23.pdf
Flag Status:Completed
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Timmi,
On behalf of Pat & Chuck, please see the message below.
Thank you for chatting the other day. We appreciate you taking time to work with us to find the best possible solution moving
forward.
After our call it occurred to us that having multiple parcels may not technically be a problem. Since the underlying ownership of
all of the parcels is the same, we believe there is what is considered to be a “merger of title”. This legally recognizes that the
multiple parcels are in actuality treated as one. Recognizing this merger of title would allow us to move forward without nee ding
to revisit the previous subdivision of the parcel and the complications that may be caused as a result of having different
ownership on a master development.
Notwithstanding the above, please consider the following recap of our call below:
Laurel cannot afford to provide 25% affordable units. The land purchase coupled with the costs to improve the property (more
than $8MM in unexpected costs) have left us unable to provide more than the code required affordable housing units. We have
spent months trying to make it work, but it does not pencil out. Pat has worked closely with HASLO, gifted more than 10MM in
property in the past 20 years, and even provided HASLO with reduced rent for their office space here at Laurel.
We have been working with City staff for some time on the overall planning for the 17+ acres. Once we finalized our vision we
worked with Staff to divide the property into phase-able and financeable 150+/- unit parcels. Staff supported this effort as the
larger project may be too difficult to finance and construct concurrently. We had no idea that subdividing the parcels would
potentially impact our ability to share the very density we were proposing to provide. Our architect in conjunction with city staff
directed us to an ordinance in the zoning regulations that specifically allows density sharing across contiguous parcels with
common ownership. We have already recorded a Density Sharing Agreement across the parcels and believe it would be treated
similarly to a cross-parking agreement.
It’s been posed to us by city staff that we may be able to cut down the schedule considerably by using the existing in place
zoning to continue the entitlements. We would like to move forward as expeditiously as possible.
Again, it is our hope that no addiƟonal steps are necessary as a result of the common ownership of the enƟre project. We would
encourage you to speak with the city aƩorney to verify this posiƟon. We would like the city to re-engage the processing of our
plans for approval in the normal course of the enƟtlement process and look forward to the necessary hearings as soon as
pracƟcal to allow our project to proceed.
Thank you,
Jonathan Branoff
2
Executive Vice President
1150 Laurel Lane | San Luis Obispo, CA | 93401
jonathan@westpacinv.com
O: 805.965.2100
M: 517.505.0083
1327 ARCHER STREET, SUITE 220, SAN LUIS OBISPO, CA 93401 | P: (805) 547-2240 | W: ARRIS-STUDIO.COM
THOMAS E. JESS, ARCHITECT #C27608 | STEPHEN A. RIGOR, ARCHITECT #C33672
February 2, 2023
Jonathan Branoff
Executive Vice President
WestPac Communities
Dear Jonathan,
This memo is regarding the proposed Laurel Garden Apartments project at 1150 Laurel Lane in San Luis
Obispo.
The project includes both the adaptive reuse of an existing building and new construction on the 17.04-acre
parcel. The project includes 524 residential dwelling units and 17,152 SF of commercial space.
The City of San Luis Obispo regulates residential density and other development standards through their
zoning regulations. These regulations assign a maximum residential density per acre based on the zoning
classification of the site. The zoning regulations utilize a fractional density when determining the maximum
number of dwelling units. Fractional density assigns fewer density units (DU) to smaller units with less
bedrooms than to larger units with more bedrooms.
The total allowable residential density for this 17.04-acre site is 384.93 DU.
Per zoning regulations section 17.10.040, density is calculated as follows:
Studio and one-bedroom dwellings less than 600 SF: 0.50 DU
One-bedroom dwellings between 600 – 1,000 SF: 0.66 DU
Two-bedroom dwelling units: 1.00 DU
Three-bedroom dwelling units: 1.50 DU
Four or more-bedroom dwelling units: 2.00 DU
The total proposed residential density for the full buildout is as follows:
(183) Studio & one-bed dwellings x 0.50 DU/Dwelling: 91.50 DU
(240) One-bedroom dwellings between 600 – 1,000 SF x 0.66 DU/Dwelling: 158.40 DU
(101) Two-bedroom dwelling units x 1.00 DU/Dwelling: 101.00 DU
(524) Total dwelling units: 350.90 DU
The proposed residential density of 350.90 DU is less than the allowable residential density of 384.93 DU.
Therefore, the proposed residential density complies with the requirements of the zoning regulations.
Thank you,
Thom Jess
1
From:Bryan Mott <bryan@alphafsa.com>
Sent:Friday, September 22, 2023 8:23 AM
To:Travis Dunn
Cc:Felicia Villegas; Chuck Braff; Hutchinson, Julianna; Susan Lopez
Subject:Re: FW: Laurel - Plan Number: PLREV-0445-2023
Attachments:image001.png
Travis,
They were picked up yesterday. I have them on my desk.
If Julianna would like to review them I can meet on site any time today.
Byan
Bryan Mott - Alarm Division Manager
Alpha Fire Unlimited
phone: (805) 541-2527
mobile: (805) 801-9260
email: bryan@alphafsa.com
Lic C-10, C-16, 761360 ACO # 5365 E#2466
650 Sweeney Lane, San Luis Obispo, CA 93401
Website • Facebook • Instagram
__________________________________________________
Confidentiality Notice: This communication and any attachments contain information that is proprietary,
confidential, and/or legally privileged. It is solely intended for the recipient(s) or entity(s) listed above to whom the
information was originally transmitted. If you are not an originally intended recipient, the reading, copying, disclosure or
other use of the contents of this e-mail is strictly prohibited and you are instructed to delete this e-mail immediately.
On Fri, Sep 22, 2023 at 8:21 AM Travis Dunn <travis@westpacinv.com> wrote:
Good morning, Bryan,
I wanted to check in and see if Felicia was able to pick up the plans on Wednesday or if they are still not
available for pick up.
Thank you,
Travis Dunn
Project Manager
2
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Bryan Mott <bryan@alphafsa.com>
Sent: Tuesday, September 19, 2023 3:47 PM
To: Felicia Villegas <felicia@alphafsa.com>
Cc: Travis Dunn <travis@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>; Hutchinson, Julianna
<JHutchin@slocity.org>; Susan Lopez <susan@alphafsa.com>
Subject: Re: FW: Laurel - Plan Number: PLREV-0445-2023
Ok, thanks for the update.
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
Bryan Mott - Alarm Division Manager
Alpha Fire Unlimited
phone: (805) 541-2527
mobile: (805) 801-9260
email: bryan@alphafsa.com
Lic C-10, C-16, 761360 ACO # 5365 E#2466
650 Sweeney Lane, San Luis Obispo, CA 93401
Website • Facebook • Instagram
__________________________________________________
Confidentiality Notice: This communication and any attachments contain information that is proprietary,
confidential, and/or legally privileged. It is solely intended for the recipient(s) or entity(s) listed above to whom the
information was originally transmitted. If you are not an originally intended recipient, the reading, copying, disclosure or
other use of the contents of this e-mail is strictly prohibited and you are instructed to delete this e-mail immediately.
On Tue, Sep 19, 2023 at 3:43 PM Felicia Villegas <felicia@alphafsa.com> wrote:
Bryan,
3
I was just there yesterday, and there was nothing new for us to pick. I will check with them tomorrow.
On Tue, Sep 19, 2023 at 3:34 PM Bryan Mott <bryan@alphafsa.com> wrote:
Travis,
We will call and get it picked up.
I spoke with Julianna last week and she will sign off on the Card when we
have the permit Rev.
Julianna,
This is the KIVA TI where we added duct smoke detectors and you asked
for resubmittal of plans to add.
We tested everything with you at time of inspection.
Felicia,
Jason says this is downtown. Can you get it picked up please
Regards,
Bryan
4
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
Bryan Mott - Alarm Division Manager
Alpha Fire Unlimited
phone: (805) 541-2527
mobile: (805) 801-9260
email: bryan@alphafsa.com
Lic C-10, C-16, 761360 ACO # 5365 E#2466
650 Sweeney Lane, San Luis Obispo, CA 93401
Website • Facebook • Instagram
__________________________________________________
Confidentiality Notice: This communication and any attachments contain information that is proprietary,
confidential, and/or legally privileged. It is solely intended for the recipient(s) or entity(s) listed above to whom the
information was originally transmitted. If you are not an originally intended recipient, the reading, copying, disclosure or
other use of the contents of this e-mail is strictly prohibited and you are instructed to delete this e-mail immediately.
On Tue, Sep 19, 2023 at 3:07 PM Travis Dunn <travis@westpacinv.com> wrote:
Bryan,
Just ensuring that you saw the email earlier from Jason of SLOFD. Can you please let us know when these
are picked up and provide us with a digital copy?
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Beres, Jason <jberes@slocity.org>
Sent: Tuesday, September 19, 2023 12:50 PM
5
To: Travis Dunn <travis@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Cc: Bryan Mott <bryan@alphafsa.com>; Maggio, Rodger <rmaggio@slocity.org>
Subject: Re: Laurel - Plan Number: PLREV-0445-2023
Mr. Dunn,
Good afternoon. The fire alarm plans were reviewed last week and returned to the City Building Department
for further processing and permit issuance.
Please coordinate pickup with the permit applicant (Alpha Fire Unlimited).
Jason
SLOFD
Get Outlook for iOS
From: Travis Dunn <travis@westpacinv.com>
Sent: Tuesday, September 19, 2023 9:39:57 AM
To: Chuck Braff <chuck@westpacinv.com>; Beres, Jason <jberes@slocity.org>
Cc: Bryan Mott <bryan@alphafsa.com>; Maggio, Rodger <rmaggio@slocity.org>
Subject: RE: Laurel - Plan Number: PLREV-0445-2023
Morning Jason,
I hope this email find you well. I wanted to follow up again regarding the review of Plan Number: PLREV-
0445-2023. As we are moving forward with project planning and construction, your timely response is
crucial to ensure that items are completed here at 1150 Laurel Lane.
To recap, PLREV-0445-2023 was received by SLOFD for review on 08/24/2023 and expected to have the
review completed by 9/13/2023. There were expected additional fees for the additional plan review.
I am particularly interested in the following information:
1. Status of review.
2. Timeline to complete if not completed.
3. Cost of additional fees.
6
Your timely response is greatly appreciated for us to keep moving forward.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Travis Dunn
Sent: Wednesday, September 13, 2023 10:07 AM
To: Chuck Braff <chuck@westpacinv.com>; Beres, Jason <jberes@slocity.org>
Cc: Bryan Mott <bryan@alphafsa.com>; Rodger Maggio <rmaggio@slocity.org>
Subject: RE: Laurel - Plan Number: PLREV-0445-2023
Good morning, Jason,
Has the review of the scope revisions been completed, and any associated review fees been completed?
Thank you for the update.
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
7
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Chuck Braff <chuck@westpacinv.com>
Sent: Thursday, August 31, 2023 7:42 PM
To: Beres, Jason <jberes@slocity.org>
Cc: Travis Dunn <travis@westpacinv.com>; Bryan Mott <bryan@alphafsa.com>; Rodger Maggio
<rmaggio@slocity.org>
Subject: Re: Laurel - Plan Number: PLREV-0445-2023
This is helpful for internal tracking and planning purposes. Thank you Jason!
Chuck Braff
M: 310.990.6897
On Aug 31, 2023, at 5:52 PM, Beres, Jason <jberes@slocity.org> wrote:
Chuck,
Good afternoon. City permit No. PLREV-0455-2023 was received by SLOFD for review on
08/24/2023. Due to the scope of revisions, I would anticipate that this review will be
completed by on or around 09/13/2023. In addition, please be advised that additional plan
review fees may be added for this project since this appears to be a supplemental plan review
for an existing fire alarm permit which was previously issued by the City Building Department.
Let me know if you have any additional questions.
Jason Beres
Fire Inspector III
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Fire Department
Fire Prevention
2160 Santa Barbara Avenue, San Luis Obispo, CA 93401-5240
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E jberes@slocity.org
T 805.594.8021
C 805.431.3062
slocity.org
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From: Chuck Braff <chuck@westpacinv.com>
Sent: Wednesday, August 30, 2023 10:03 AM
To: Beres, Jason <jberes@slocity.org>
Cc: Travis Dunn <travis@westpacinv.com>
Subject: Laurel - Plan Number: PLREV-0445-2023
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Jason-
Hope you are well. It’s been a while.
I was wondering when we might expect the review to be completed not hires plans. It is my understanding that Alpha has
provided them to you.
Plan Number: PLREV-0445-2023
Thanks
Chuck Braff
M: 310.990.6897
--
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify
that the link points to the correct file and location.
Felicia M Villegas, Project Coordinator
Alpha Fire Unlimited
phone: (805) 541-2527 ex 117
email: Felicia@alphafsa.com
9
Lic C-10, C-16, 761360 ACO # 5365 E#2466
650 Sweeney Lane, San Luis Obispo, CA 93401
Website • Facebook • Instagram
__________________________________________________
Confidentiality Notice: This communication and any attachments contain information that is proprietary,
confidential, and/or legally privileged. It is solely intended for the recipient(s) or entity(s) listed above to whom the
information was originally transmitted. If you are not an originally intended recipient, the reading, copying, disclosure or
other use of the contents of this e-mail is strictly prohibited and you are instructed to delete this e-mail immediately.
1
From:Chuck Braff <chuck@westpacinv.com>
Sent:Monday, September 11, 2023 6:12 PM
To:Loew, Michael
Cc:Heather Wiebe
Subject:Laurel - EV Charging Stations
Attachments:EV Charging Changes.pdf
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Michael -
I wanted to set up a call to discuss the EV charging requirements at Laurel. More specifically the locations. The
idea here is to simplify the design given the phasing. Rather than run the infrastructure to the entire site. We are
hoping we can do a 2 phase approach to the locations where the 31 would be grouped and the 44 would
complete the site wide charging stations.
Please see attached.
Please let me know a good time to chat.
Chuck Braff
M: 310.990.6897
FOR JOINTUTILITY TRENCHES WHERE APPLICABLE.PROVIDE FEEDER (NOT SHOWN) TO THIS LOCATION FROMTHE NORTH ELECTRICAL ROOM TO EV CHARGINGTRANSFORMER AND DISTRIBUTION PANELS. SEE THESINGLE LINE DIAGRAM SHEET E0.11 FOR SIZE ANDQUANTITY.NOT USED.PROVIDE CONDUIT STUB (NOT SHOWN) TO THIS LOCATIONFROM PANEL EV1A FOR FUTURE EV CHARGINGDISTRIBUTION PANEL. SEE THE SINGLE LINE DIAGRAMSHEET E0.11 FOR SIZE AND QUANTITY.PROVIDE FEEDER (NOT SHOWN) TO THIS LOCATION FROMPANEL EV1A TO EV CHARGING DISTRIBUTION PANEL(S).SEE THE SINGLE LINE DIAGRAM SHEET E0.11 FOR SIZEAND QUANTITY.FUTURE EV CHARGER DISTRIBUTION PANEL.NOT USED.NOT USED.PULLBOX FOR "EV CAPABLE" CHARGING SPACES, 30" x48", FLUSH IN GRADE, TRAFFIC RATED. BOX WILL BE USEDFOR FUTURE PARKING LOT RECONFIGURATION AS A PULLPOINT TO RELOCATE CHARGING LOCATIONS INSTALLEDUNDER THIS PROJECT'S SCOPE. COORDINATE EXACTLOCATION WITH THE ARCHITECT.FOR INSTALLED "EV READY" CHARGING STATION(S) (NOTSHOWN), PROVIDE "EV READY" RACEWAY, CONDUCTORS,BOX, AND CIRCUIT BREAKER FOR DEDICATED BRANCHCIRCUIT. (REFER TO CGB 4.106.4 AND CGB 5.106.5.3 ASAPPLICABLE FOR MINIMUM SIZE AND RATING U.O.N..)COORDINATE EXACT LOCATIONS WITH ARCHITECTURALPLANS.FOR "EV CAPABLE" CHARGING STATION(S) (NOT SHOWN)PROVIDE "EV CAPABLE" RACEWAY, BOX, AND CIRCUITBREAKER SPACE FOR FUTURE DEDICATED BRANCHCIRCUIT. (REFER TO CGB 4.106.4 AND CGB 5.106.5.3 ASAPPLICABLE FOR MINIMUM SIZE AND RATING U.O.N..)COORDINATE EXACT LOCATIONS WITH ARCHITECTURALPLANS.FOR INSTALLED "EV CAPABLE" CHARGING STATION(S) INPHASE 1 (NOT SHOWN) THAT WILL BE "EV READY"CHARGING STATION(S) IN PHASE 2, PROVIDE "EV READY"RACEWAY, BOX, AND CIRCUIT BREAKER FOR DEDICATEDBRANCH CIRCUIT. (REFER TO CGB 4.106.4 AND CGB5.106.5.3 AS APPLICABLE FOR MINIMUM SIZE AND RATINGU.O.N..) COORDINATE EXACT LOCATIONS WITHARCHITECTURAL PLANS.COORDINATE LOCATION WITH ARCHITECT.CONTRACTOR IS RESPONSIBLE TO DETERMINECONDUCTOR AND CONDUIT SIZES FOR EV "READY" ANDEV "CAPABLE" CIRUITS FOR NO MORE THAN 3% VOLTAGEDROP (VD). (CEC 210.19 (A) INFORMATIONAL NOTE 4 ANDCEC 215.2 (A)(1)(b) INFORMATIONAL NOTE 2.)123456PROVIDE FEEDER (NOT SHOWN) TO THIS LOCATION FROMTHE EAST ELECTRICAL ROOM TO EV CHARGINGTRANSFORMER AND DISTRIBUTION PANELS. SEE THESINGLE LINE DIAGRAM SHEET E0.11 FOR SIZE ANDQUANTITY.7PROVIDE CONDUIT STUB (NOT SHOWN) TO THIS LOCATIONFROM THE NORTH ELECTRICAL ROOM FOR FUTURE EVCHARGING TRANSFORMER AND DISTRIBUTION PANELS.SEE THE SINGLE LINE DIAGRAM SHEET E0.11 FOR SIZEAND QUANTITY.8PROVIDE CONDUIT STUB (NOT SHOWN) TO THIS LOCATIONFROM THE EAST ELECTRICAL ROOM FOR FUTURE EVCHARGING TRANSFORMER AND DISTRIBUTION PANELS.SEE THE SINGLE LINE DIAGRAM SHEET E0.11 FOR SIZEAND QUANTITY.91011121314151617181920SCALE: 1" = 50'-0"SITE PLANFRONT13(E) ELECTRICAL ROOM4FRONT 2341916(N) EASTELECTRICAL ROOM(N) NORTH ELECTRICAL ROOM.22121517192017(F) EV2BTT-EV2EV1A2017(F) EV1C1916165195102019111219191811515TSBSBSBSBSB23(zE2)HP2-7HP2-7HP2-7HP2-7HP2-7(zE2)(zE2)(zE2)(zE2)1KJHGFEDCBAKJHGFEDCBA23456789101112123456789101112ARCHITECT OF RECORD/CONSULTANTADDRESS1327 ARCHER STREET, SUITE 220SAN LUIS OBISPO, CA 93401CONTACT805.547.2240ARRIS-STUDIO.COMTHOMAS E. JESS ARCHITECT #C27608STEPHEN A. RIGORARCHITECT #C33672T H E I N C L U D E D D R A W I N G S , S P E C I F I C A T I O N S , I D E A S , D E S I G N S & A R R A N G E M E N T S R E P R E S E N T E D T H E R E B Y A R E A N D S H A L L R E M A I N T H E P R O P E R T Y O F A R R I S S T U D I O A R C H I T E C T S A N D N O P A R T T H E R E O F S H A L L B E C O P I E D , D I S C L O S E D T O O T H E R S O R U S E D I N C O N N E C T I O N W I T H A N Y W O R K O R P R O J E C T O T H E R T H A N T H E S P E C I F I C P R O J E C T F O R W H I C H T H E Y H A V E B E E N P R E P A R E D A N D D E V E L O P E D W I T H O U T
T H E W R I T T E N C O N S E N T O F A R R I S S T U D I O A R C H I T E C T S . V I S U A L C O N T A C T W I T H T H E S E D R A W I N G S O R S P E C I F I C A T I O N S S H A L L C O N S T I T U T E C O N C L U S I V E E V I D E N C E O F A C C E P T A N C E O F T H E S E R E S T R I C T I O N S . S U B M I T T A L O F T H E S E D O C U M E N T S F O R P U B L I C A G E N C Y R E V I E W S H A L L N O T B E C O N S I D E R E D A W A I V E R O F A R R I S S T U D I O A R C H I T E C T S ' R I G H T S . A R R I S S T U D I O A R C H I T E C T S C O P Y R I G H T 2 0 0 8 -2 0 2 0
4/29/2021PLAN CHECK #11DATEREVISION#A20048PROJECTDECEMBER 15, 2020DATESHEETPROJECT CLIENT
CONSULTANT 09/22/2022PLOT BY: Above Grade PLOT DATE: Sep 22, 2022 - 3:07pm Drawing name: N:\2020\20067-LaurelCreek-WarehouseApartments\Electrical\Condocs-Elec\Sheetfiles-Elec\20067-E1.01~E1.02_Site.DWG
E1.027/22/2021APARTMENT ADDENDUM #189/24/2021PLAN CHECK #3WAREHOUSE REMODEL
1150 LAUREL LANE, SAN LUIS OBISPO, CA 93401
WAREHOUSE APARTMENTS - PHASE 1
LAUREL CREEK LLC
1150 LAUREL LANE STE. 120
SAN LUIS OBISPO, CA 93401
(714)368-7724
5/27/2022REVISION TO PERMIT199/2/2022REVISION TO PERMIT23SITE PLAN November 3, 2022November 1, 201 November 2, 201 November 6, 201 November 8, 201 REVIEWEDCity of San Luis ObispoBuilding & Safety Division
FOR JOINTUTILITY TRENCHES WHERE APPLICABLE.PROVIDE FEEDER (NOT SHOWN) TO THIS LOCATION FROMTHE NORTH ELECTRICAL ROOM TO EV CHARGINGTRANSFORMER AND DISTRIBUTION PANELS. SEE THESINGLE LINE DIAGRAM SHEET E0.11 FOR SIZE ANDQUANTITY.NOT USED.PROVIDE CONDUIT STUB (NOT SHOWN) TO THIS LOCATIONFROM PANEL EV1A FOR FUTURE EV CHARGINGDISTRIBUTION PANEL. SEE THE SINGLE LINE DIAGRAMSHEET E0.11 FOR SIZE AND QUANTITY.PROVIDE FEEDER (NOT SHOWN) TO THIS LOCATION FROMPANEL EV1A TO EV CHARGING DISTRIBUTION PANEL(S).SEE THE SINGLE LINE DIAGRAM SHEET E0.11 FOR SIZEAND QUANTITY.FUTURE EV CHARGER DISTRIBUTION PANEL.NOT USED.NOT USED.PULLBOX FOR "EV CAPABLE" CHARGING SPACES, 30" x48", FLUSH IN GRADE, TRAFFIC RATED. BOX WILL BE USEDFOR FUTURE PARKING LOT RECONFIGURATION AS A PULLPOINT TO RELOCATE CHARGING LOCATIONS INSTALLEDUNDER THIS PROJECT'S SCOPE. COORDINATE EXACTLOCATION WITH THE ARCHITECT.FOR INSTALLED "EV READY" CHARGING STATION(S) (NOTSHOWN), PROVIDE "EV READY" RACEWAY, CONDUCTORS,BOX, AND CIRCUIT BREAKER FOR DEDICATED BRANCHCIRCUIT. (REFER TO CGB 4.106.4 AND CGB 5.106.5.3 ASAPPLICABLE FOR MINIMUM SIZE AND RATING U.O.N..)COORDINATE EXACT LOCATIONS WITH ARCHITECTURALPLANS.FOR "EV CAPABLE" CHARGING STATION(S) (NOT SHOWN)PROVIDE "EV CAPABLE" RACEWAY, BOX, AND CIRCUITBREAKER SPACE FOR FUTURE DEDICATED BRANCHCIRCUIT. (REFER TO CGB 4.106.4 AND CGB 5.106.5.3 ASAPPLICABLE FOR MINIMUM SIZE AND RATING U.O.N..)COORDINATE EXACT LOCATIONS WITH ARCHITECTURALPLANS.FOR INSTALLED "EV CAPABLE" CHARGING STATION(S) INPHASE 1 (NOT SHOWN) THAT WILL BE "EV READY"CHARGING STATION(S) IN PHASE 2, PROVIDE "EV READY"RACEWAY, BOX, AND CIRCUIT BREAKER FOR DEDICATEDBRANCH CIRCUIT. (REFER TO CGB 4.106.4 AND CGB5.106.5.3 AS APPLICABLE FOR MINIMUM SIZE AND RATINGU.O.N..) COORDINATE EXACT LOCATIONS WITHARCHITECTURAL PLANS.COORDINATE LOCATION WITH ARCHITECT.CONTRACTOR IS RESPONSIBLE TO DETERMINECONDUCTOR AND CONDUIT SIZES FOR EV "READY" ANDEV "CAPABLE" CIRUITS FOR NO MORE THAN 3% VOLTAGEDROP (VD). (CEC 210.19 (A) INFORMATIONAL NOTE 4 ANDCEC 215.2 (A)(1)(b) INFORMATIONAL NOTE 2.)123456PROVIDE FEEDER (NOT SHOWN) TO THIS LOCATION FROMTHE EAST ELECTRICAL ROOM TO EV CHARGINGTRANSFORMER AND DISTRIBUTION PANELS. SEE THESINGLE LINE DIAGRAM SHEET E0.11 FOR SIZE ANDQUANTITY.7PROVIDE CONDUIT STUB (NOT SHOWN) TO THIS LOCATIONFROM THE NORTH ELECTRICAL ROOM FOR FUTURE EVCHARGING TRANSFORMER AND DISTRIBUTION PANELS.SEE THE SINGLE LINE DIAGRAM SHEET E0.11 FOR SIZEAND QUANTITY.8PROVIDE CONDUIT STUB (NOT SHOWN) TO THIS LOCATIONFROM THE EAST ELECTRICAL ROOM FOR FUTURE EVCHARGING TRANSFORMER AND DISTRIBUTION PANELS.SEE THE SINGLE LINE DIAGRAM SHEET E0.11 FOR SIZEAND QUANTITY.91011121314151617181920SCALE: 1" = 50'-0"SITE PLANFRONT13(E) ELECTRICAL ROOM4FRONT 2341916(N) EASTELECTRICAL ROOM(N) NORTH ELECTRICAL ROOM.22121517192017(F) EV2BTT-EV2EV1A2017(F) EV1C1916165195102019111219191811515TSBSBSBSBSB23(zE2)HP2-7HP2-7HP2-7HP2-7HP2-7(zE2)(zE2)(zE2)(zE2)1KJHGFEDCBAKJHGFEDCBA23456789101112123456789101112ARCHITECT OF RECORD/CONSULTANTADDRESS1327 ARCHER STREET, SUITE 220SAN LUIS OBISPO, CA 93401CONTACT805.547.2240ARRIS-STUDIO.COMTHOMAS E. JESS ARCHITECT #C27608STEPHEN A. RIGORARCHITECT #C33672T H E I N C L U D E D D R A W I N G S , S P E C I F I C A T I O N S , I D E A S , D E S I G N S & A R R A N G E M E N T S R E P R E S E N T E D T H E R E B Y A R E A N D S H A L L R E M A I N T H E P R O P E R T Y O F A R R I S S T U D I O A R C H I T E C T S A N D N O P A R T T H E R E O F S H A L L B E C O P I E D , D I S C L O S E D T O O T H E R S O R U S E D I N C O N N E C T I O N W I T H A N Y W O R K O R P R O J E C T O T H E R T H A N T H E S P E C I F I C P R O J E C T F O R W H I C H T H E Y H A V E B E E N P R E P A R E D A N D D E V E L O P E D W I T H O U T
T H E W R I T T E N C O N S E N T O F A R R I S S T U D I O A R C H I T E C T S . V I S U A L C O N T A C T W I T H T H E S E D R A W I N G S O R S P E C I F I C A T I O N S S H A L L C O N S T I T U T E C O N C L U S I V E E V I D E N C E O F A C C E P T A N C E O F T H E S E R E S T R I C T I O N S . S U B M I T T A L O F T H E S E D O C U M E N T S F O R P U B L I C A G E N C Y R E V I E W S H A L L N O T B E C O N S I D E R E D A W A I V E R O F A R R I S S T U D I O A R C H I T E C T S ' R I G H T S . A R R I S S T U D I O A R C H I T E C T S C O P Y R I G H T 2 0 0 8 -2 0 2 0
4/29/2021PLAN CHECK #11DATEREVISION#A20048PROJECTDECEMBER 15, 2020DATESHEETPROJECT CLIENT
CONSULTANT 09/22/2022PLOT BY: Above Grade PLOT DATE: Sep 22, 2022 - 3:07pm Drawing name: N:\2020\20067-LaurelCreek-WarehouseApartments\Electrical\Condocs-Elec\Sheetfiles-Elec\20067-E1.01~E1.02_Site.DWG
E1.027/22/2021APARTMENT ADDENDUM #189/24/2021PLAN CHECK #3WAREHOUSE REMODEL
1150 LAUREL LANE, SAN LUIS OBISPO, CA 93401
WAREHOUSE APARTMENTS - PHASE 1
LAUREL CREEK LLC
1150 LAUREL LANE STE. 120
SAN LUIS OBISPO, CA 93401
(714)368-7724
5/27/2022REVISION TO PERMIT199/2/2022REVISION TO PERMIT23SITE PLAN November 3, 2022November 1, 201 November 2, 201 November 6, 201 November 8, 201 REVIEWEDCity of San Luis ObispoBuilding & Safety Division
FOR JOINTUTILITY TRENCHES WHERE APPLICABLE.PROVIDE FEEDER (NOT SHOWN) TO THIS LOCATION FROMTHE NORTH ELECTRICAL ROOM TO EV CHARGINGTRANSFORMER AND DISTRIBUTION PANELS. SEE THESINGLE LINE DIAGRAM SHEET E0.11 FOR SIZE ANDQUANTITY.NOT USED.PROVIDE CONDUIT STUB (NOT SHOWN) TO THIS LOCATIONFROM PANEL EV1A FOR FUTURE EV CHARGINGDISTRIBUTION PANEL. SEE THE SINGLE LINE DIAGRAMSHEET E0.11 FOR SIZE AND QUANTITY.PROVIDE FEEDER (NOT SHOWN) TO THIS LOCATION FROMPANEL EV1A TO EV CHARGING DISTRIBUTION PANEL(S).SEE THE SINGLE LINE DIAGRAM SHEET E0.11 FOR SIZEAND QUANTITY.FUTURE EV CHARGER DISTRIBUTION PANEL.NOT USED.NOT USED.PULLBOX FOR "EV CAPABLE" CHARGING SPACES, 30" x48", FLUSH IN GRADE, TRAFFIC RATED. BOX WILL BE USEDFOR FUTURE PARKING LOT RECONFIGURATION AS A PULLPOINT TO RELOCATE CHARGING LOCATIONS INSTALLEDUNDER THIS PROJECT'S SCOPE. COORDINATE EXACTLOCATION WITH THE ARCHITECT.FOR INSTALLED "EV READY" CHARGING STATION(S) (NOTSHOWN), PROVIDE "EV READY" RACEWAY, CONDUCTORS,BOX, AND CIRCUIT BREAKER FOR DEDICATED BRANCHCIRCUIT. (REFER TO CGB 4.106.4 AND CGB 5.106.5.3 ASAPPLICABLE FOR MINIMUM SIZE AND RATING U.O.N..)COORDINATE EXACT LOCATIONS WITH ARCHITECTURALPLANS.FOR "EV CAPABLE" CHARGING STATION(S) (NOT SHOWN)PROVIDE "EV CAPABLE" RACEWAY, BOX, AND CIRCUITBREAKER SPACE FOR FUTURE DEDICATED BRANCHCIRCUIT. (REFER TO CGB 4.106.4 AND CGB 5.106.5.3 ASAPPLICABLE FOR MINIMUM SIZE AND RATING U.O.N..)COORDINATE EXACT LOCATIONS WITH ARCHITECTURALPLANS.FOR INSTALLED "EV CAPABLE" CHARGING STATION(S) INPHASE 1 (NOT SHOWN) THAT WILL BE "EV READY"CHARGING STATION(S) IN PHASE 2, PROVIDE "EV READY"RACEWAY, BOX, AND CIRCUIT BREAKER FOR DEDICATEDBRANCH CIRCUIT. (REFER TO CGB 4.106.4 AND CGB5.106.5.3 AS APPLICABLE FOR MINIMUM SIZE AND RATINGU.O.N..) COORDINATE EXACT LOCATIONS WITHARCHITECTURAL PLANS.COORDINATE LOCATION WITH ARCHITECT.CONTRACTOR IS RESPONSIBLE TO DETERMINECONDUCTOR AND CONDUIT SIZES FOR EV "READY" ANDEV "CAPABLE" CIRUITS FOR NO MORE THAN 3% VOLTAGEDROP (VD). (CEC 210.19 (A) INFORMATIONAL NOTE 4 ANDCEC 215.2 (A)(1)(b) INFORMATIONAL NOTE 2.)123456PROVIDE FEEDER (NOT SHOWN) TO THIS LOCATION FROMTHE EAST ELECTRICAL ROOM TO EV CHARGINGTRANSFORMER AND DISTRIBUTION PANELS. SEE THESINGLE LINE DIAGRAM SHEET E0.11 FOR SIZE ANDQUANTITY.7PROVIDE CONDUIT STUB (NOT SHOWN) TO THIS LOCATIONFROM THE NORTH ELECTRICAL ROOM FOR FUTURE EVCHARGING TRANSFORMER AND DISTRIBUTION PANELS.SEE THE SINGLE LINE DIAGRAM SHEET E0.11 FOR SIZEAND QUANTITY.8PROVIDE CONDUIT STUB (NOT SHOWN) TO THIS LOCATIONFROM THE EAST ELECTRICAL ROOM FOR FUTURE EVCHARGING TRANSFORMER AND DISTRIBUTION PANELS.SEE THE SINGLE LINE DIAGRAM SHEET E0.11 FOR SIZEAND QUANTITY.91011121314151617181920SCALE: 1" = 50'-0"SITE PLANFRONT13(E) ELECTRICAL ROOM4FRONT 2341916(N) EASTELECTRICAL ROOM(N) NORTH ELECTRICAL ROOM.22121517192017(F) EV2BTT-EV2EV1A2017(F) EV1C1916165195102019111219191811515TSBSBSBSBSB23(zE2)HP2-7HP2-7HP2-7HP2-7HP2-7(zE2)(zE2)(zE2)(zE2)1KJHGFEDCBAKJHGFEDCBA23456789101112123456789101112ARCHITECT OF RECORD/CONSULTANTADDRESS1327 ARCHER STREET, SUITE 220SAN LUIS OBISPO, CA 93401CONTACT805.547.2240ARRIS-STUDIO.COMTHOMAS E. JESS ARCHITECT #C27608STEPHEN A. RIGORARCHITECT #C33672T H E I N C L U D E D D R A W I N G S , S P E C I F I C A T I O N S , I D E A S , D E S I G N S & A R R A N G E M E N T S R E P R E S E N T E D T H E R E B Y A R E A N D S H A L L R E M A I N T H E P R O P E R T Y O F A R R I S S T U D I O A R C H I T E C T S A N D N O P A R T T H E R E O F S H A L L B E C O P I E D , D I S C L O S E D T O O T H E R S O R U S E D I N C O N N E C T I O N W I T H A N Y W O R K O R P R O J E C T O T H E R T H A N T H E S P E C I F I C P R O J E C T F O R W H I C H T H E Y H A V E B E E N P R E P A R E D A N D D E V E L O P E D W I T H O U T
T H E W R I T T E N C O N S E N T O F A R R I S S T U D I O A R C H I T E C T S . V I S U A L C O N T A C T W I T H T H E S E D R A W I N G S O R S P E C I F I C A T I O N S S H A L L C O N S T I T U T E C O N C L U S I V E E V I D E N C E O F A C C E P T A N C E O F T H E S E R E S T R I C T I O N S . S U B M I T T A L O F T H E S E D O C U M E N T S F O R P U B L I C A G E N C Y R E V I E W S H A L L N O T B E C O N S I D E R E D A W A I V E R O F A R R I S S T U D I O A R C H I T E C T S ' R I G H T S . A R R I S S T U D I O A R C H I T E C T S C O P Y R I G H T 2 0 0 8 -2 0 2 0
4/29/2021PLAN CHECK #11DATEREVISION#A20048PROJECTDECEMBER 15, 2020DATESHEETPROJECT CLIENT
CONSULTANT 09/22/2022PLOT BY: Above Grade PLOT DATE: Sep 22, 2022 - 3:07pm Drawing name: N:\2020\20067-LaurelCreek-WarehouseApartments\Electrical\Condocs-Elec\Sheetfiles-Elec\20067-E1.01~E1.02_Site.DWG
E1.027/22/2021APARTMENT ADDENDUM #189/24/2021PLAN CHECK #3WAREHOUSE REMODEL
1150 LAUREL LANE, SAN LUIS OBISPO, CA 93401
WAREHOUSE APARTMENTS - PHASE 1
LAUREL CREEK LLC
1150 LAUREL LANE STE. 120
SAN LUIS OBISPO, CA 93401
(714)368-7724
5/27/2022REVISION TO PERMIT199/2/2022REVISION TO PERMIT23SITE PLAN November 3, 2022November 1, 201 November 2, 201 November 6, 201 November 8, 201 REVIEWEDCity of San Luis ObispoBuilding & Safety Division
1
From:building <building@slocity.org>
Sent:Wednesday, September 6, 2023 11:32 AM
To:Felicia Villegas
Subject:1150 Laurel FIRE-1978-2023 Ready to Issue
Attachments:FIRE-1978-2023.pdf
Hello,
The above mentioned project is ready for issuance. In order to issue this permit we would need you to go online and
make a payment or mail in a check with the amount on the invoice attached. Please follow this link
(hƩps://infoslo.slocity.org/EnerGov_Prod/selfservice#/home) and click on the pay invoice square. On the next page top
left there is an option to search invoice. Please search invoice # that is on the Invoice attached. There is no need to
create an account initially in order to make a payment. When paying online please email me back to confirm
payment. If you wish to pay with a check please mail the check to address 919 Palm Street, San Luis Obispo, CA
93401-3218 attention to the Building Department. Please include the permit number and address for either option to
ensure we can assist you promptly. Thank you!
Thank you,
Erin Stanley
Permit Technician I
Community Development
E EStanley@slocity.org
T 805.781.7159
slocity.org
Stay connected with the City by signing up for e-notifications
INVOICE (00033211)
FOR CITY OF SAN LUIS OBISPO
BILLING CONTACT
FELICIA VILLEGAS
Alpha Fire Unlimited
650 Sweeney
San Luis Obispo, CA 93401
LAUREL CREEK LP A CA LTD PTP
505 BATH St
SANTA BARBARA, CA 93101
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
00033211 09/06/2023 10/06/2023 NONEDue
REFERENCE NUMBER FEE NAME TOTAL
FIRE-1978-2023 IT Surcharge $13.56
Sprinkler Monitoring System $444.73
$458.29 SUBTOTAL1150 Laurel Ln 190 San Luis Obispo, CA 93401
TOTAL $458.29
Page 1 of 1September 06, 2023 City of San Luis Obispo
1
From:building
Sent:Wednesday, September 6, 2023 11:32 AM
To:Felicia Villegas
Subject:1150 Laurel FIRE-1978-2023 Ready to Issue
Attachments:FIRE-1978-2023.pdf
Hello,
The above mentioned project is ready for issuance. In order to issue this permit we would need you to go online and
make a payment or mail in a check with the amount on the invoice attached. Please follow this link
(hƩps://infoslo.slocity.org/EnerGov_Prod/selfservice#/home) and click on the pay invoice square. On the next page top
left there is an option to search invoice. Please search invoice # that is on the Invoice attached. There is no need to
create an account initially in order to make a payment. When paying online please email me back to confirm
payment. If you wish to pay with a check please mail the check to address 919 Palm Street, San Luis Obispo, CA
93401-3218 attention to the Building Department. Please include the permit number and address for either option to
ensure we can assist you promptly. Thank you!
Thank you,
Erin Stanley
Permit Technician I
Community Development
E EStanley@slocity.org
T 805.781.7159
slocity.org
Stay connected with the City by signing up for e-notifications
INVOICE (00033211)
FOR CITY OF SAN LUIS OBISPO
BILLING CONTACT
FELICIA VILLEGAS
Alpha Fire Unlimited
650 Sweeney
San Luis Obispo, CA 93401
LAUREL CREEK LP A CA LTD PTP
505 BATH St
SANTA BARBARA, CA 93101
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
00033211 09/06/2023 10/06/2023 NONEDue
REFERENCE NUMBER FEE NAME TOTAL
FIRE-1978-2023 IT Surcharge $13.56
Sprinkler Monitoring System $444.73
$458.29 SUBTOTAL1150 Laurel Ln 190 San Luis Obispo, CA 93401
TOTAL $458.29
Page 1 of 1September 06, 2023 City of San Luis Obispo
1
From:Nelson, Trevor
Sent:Tuesday, September 5, 2023 1:41 PM
To:Travis Dunn
Cc:Don Gross; Chuck Braff
Subject:RE: Laurel Creek Warehouse
Hope this helps. Once we final out the AMMR permits, we can begin working through each TI. Thanks
AMMR (3-hr walls): BLDG-0813-2021
Recycling Approval
AMMR (Fireproofing): BLDG-2361-2020
Recycling Approval
Fire Approval
HASLO: BLDG-1509-2022
Fire Approval of rear corridor sprinkler permit
Ernest Office, Suite #184: BLDG-0795-2020
Bldg – verify 1-hr ceiling assembly at Electrical Room and ADA parking per plan
Ernest Office, Suite #186: BLDG-0793-2020
Bldg – verify 1-hr ceiling assembly at Electrical Room and ADA parking per plan
Ernest Warehouse , Suite #110: BLDG-0794-2020
Fire Approval
Bldg - verify 1-hr ceiling assembly at Electrical Room and ADA parking per plan
Kiva: BLDG-2531-2020
Recycling Approval
Fire Approval
Cal Fire: BLDG-0188-2020
Fire Approval
Bldg – complete rated ceiling in adjacent unit under Prework permit BLDG-2051-2020
2
Bang The Drum: BLDG-3367-2022
Recycling Approval
Fire Approval
Bldg – complete rated ceiling in adjacent unit under Prework permit BLDG-2051-2020
Event Space: BLDG-1848-2021
Fire Approval
Planning Approval
South Lobby: BLDG-0556-2022
Recycling Approval
Fire Approval
Bldg – double doors at entry required, T24 Lighting Report, T24 Air Balance, ADA compliant thresholds
Prework: BLDG-2051-2020
Recycling Approval
Bldg – rated ceiling in empty tenant space
Trevor Nelson
Supervising Building Inspector
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
slocity.org
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From: Travis Dunn <travis@westpacinv.com>
Sent: Friday, September 1, 2023 2:56 PM
To: Nelson, Trevor <tnelson@slocity.org>
Cc: Don Gross <don@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: Laurel Creek Warehouse
HASLO: BLDG-1509-2022
Ernest Office: BLDG-0795-2020
Ernest Warehouse: BLDG-0793-2020
Kiva: BLDG-2531-2020
Cal Fire: BLDG-0188-2020
Bang The Drum: BLDG-3367-2022
AMMR: BLDG-0813-2021
3
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nelson, Trevor <tnelson@slocity.org>
Sent: Friday, September 1, 2023 1:48 PM
To: Travis Dunn <travis@westpacinv.com>
Cc: Don Gross <don@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: Laurel Creek Warehouse
Received, thank you. Appreciate the follow up.
Send me the permit numbers you would like me to look into. I have blocked out time on my calendar for your request
on Tuesday, we’ll get it done.
Thanks,
Trevor Nelson
Supervising Building Inspector
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
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From: Travis Dunn <travis@westpacinv.com>
Sent: Friday, September 1, 2023 10:05 AM
To: Nelson, Trevor <tnelson@slocity.org>
Cc: Don Gross <don@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: Laurel Creek Warehouse
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Trevor,
It was my understanding that per the permit card correcƟng the “Unresolved Issues List” (aƩached) was the last outstanding
item for obtaining Final on the AMMR project here at 1150 Laurel Lane. I have aƩached the report showing that the issues have
been resolved.
Can you please let me know what if there is anything else we need to do in order to obtain final approval on this project?
4
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Travis Dunn
Sent: Friday, August 18, 2023 1:57 PM
To: Trevor Nelson <tnelson@slocity.org>
Cc: Don Gross <don@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Subject: FW: Laurel Creek Warehouse
Trevor,
I wanted to forward this to you. This is the resoluƟon of the unresolved issues from the AMMR third party inspec Ɵons.
Let me know if you have any quesƟons and need anything else.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Stephanie Kennedy <skennedy@earthsystems.com>
Sent: Friday, August 18, 2023 1:45 PM
To: Chuck Braff <chuck@bowtieholdings.com>; Don Gross <don@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>; Robert Down <rdown@earthsystems.com>; Robert Down <rdown@earthsystems.com>; Shawn
Malone <shawn@westpacinv.com>; Sydney Johnson <sjohnson@earthsystems.com>; Travis Dunn <travis@westpacinv.com>
Subject: Laurel Creek Warehouse
August 18, 2023
Good AŌernoon,
Please find the aƩached in PDF format from Sydney Johnson. If you have any ques Ɵons regarding the aƩached feel
free to call Ms. Johnson at 805-544-3276, or email her at sjohnson@earthsystems.com
5
Thank you,
Stephanie Kennedy
Technical Assistant
2049 Preisker Lane, Suite E - Santa Maria, CA 93454
(805) 928-2991 ext 307 Direct: (805) 623-1187
skennedy@earthsystems.com
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the intended recipient and
others authorized to receive it. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or
taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
1
From:Chuck Braff <chuck@westpacinv.com>
Sent:Tuesday, September 5, 2023 8:58 AM
To:Symens, Sadie
Cc:Cristi Fry; Hanh, Hannah; Goode, Owen; Heather Wiebe
Subject:Re: Affordable Housing Agreement - Laurel Creek
Attachments:Volume 1 - Laurel Creek - 44 Apt Set 2022-06-28 (dragged).pdf; 1150 Laurel Lane - Addressing
copy.pdf; Volume 1 - Laurel Creek - 44 Apt Set 2022-06-28 (dragged).pdf
Unit 109 (shown on plans as unit 115) is 415 sqft.
Note that on the plans this is unit 115 (plans were created prior to the addressing being given)
2
Chuck Braff
M: 310.990.6897
On Sep 1, 2023, at 11:44 AM, Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
If you provide the last info we need (map and square footage of Unit 109), I can provide a clean PDF.
Hannah and/or Owen will coordinate signatures.
Thank you,
Sadie
3
From: Cristi Fry <cristi@coast-inc.com>
Sent: Friday, September 1, 2023 11:39 AM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; Goode, Owen
<ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Sadie,
Do I "accept the changes" and use this word doc or will you be providing a pdf to attach to the documents we
are obtaining signatures on?
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a
courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect
the complete scope of work and/or as-built condition.
On Tue, Aug 29, 2023 at 1:42 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hello Cristi,
I’ve attached the revised Subordination Agreement, acknowledging the modification to the deed of
trust from 8/10/2023 and updated the legal description to match that in Exhibit A of the modification
and updating the signature lines for lender and owner. I will work with Hannah on getting you a revised
Affordable Housing Agreement.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
City Attorney's Office
E ssymens@slocity.org
slocity.org
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The information contained in this e-mail message is intended only for the CONFIDENTIAL use
of the designated addressee named above. The information transmitted is subject to the
attorney-client privilege and/or represents confidential attorney work product. Recipients
should not file copies of this email with publicly accessible records. If you are not the
designated addressee named above or the authorized agent responsible for delivering it to the
designated addressee, you received this document through inadvertent error and any further
review, dissemination, distribution or copying of this communication by you or anyone else is
strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
4
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank
you.
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 29, 2023 1:03 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; Goode, Owen
<ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hi Sadie,
There was a recent loan modification (8/10/23).
Sorry to do this, but please find attached an updated hyperlinked title report that will necessitate revised
lender Subordination Agreements for the 3 documents that will record concurrently with the Parcel Map (JUA,
Affordable Housing Agreement, and Notice of Requirements).
Please use the following format from the recent loan modification for the lender signature = Brad Shain,
Manager
Thanks for your patience,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a
courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect
the complete scope of work and/or as-built condition.
On Tue, Aug 22, 2023 at 4:27 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
My understanding is that the loan from CPIF California LLC affects “Parcel 1,” which is now being
subdivided into Parcels 1-9 (the affordable unit being in new Parcel 7), so at least as to the
Subordination Agreement, it will refer to the entirety of the former “Parcel 1.”
We need the name and title of the person who will be signing on behalf of lender. Can you please
contact them for this information? We cannot fill it in later or upon execution.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
City Attorney's Office
E ssymens@slocity.org
5
slocity.org
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use
of the designated addressee named above. The information transmitted is subject to the
attorney-client privilege and/or represents confidential attorney work product. Recipients
should not file copies of this email with publicly accessible records. If you are not the
designated addressee named above or the authorized agent responsible for delivering it to the
designated addressee, you received this document through inadvertent error and any further
review, dissemination, distribution or copying of this communication by you or anyone else is
strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank
you.
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 22, 2023 4:06 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Goode, Owen <ogoode@slocity.org>; Symens, Sadie
<ssymens@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hannah,
Thank you!
Lender Information - name and title is typically printed in by the signator.
Shouldn't the legal description only encumber the airspace parcel the designated affordable unit is located in
(Parcel 7) and not all 9 parcels?
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a
courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or
reflect the complete scope of work and/or as-built condition.
On Tue, Aug 22, 2023 at 2:51 PM Hanh, Hannah <hhanh@slocity.org> wrote:
Chuck and Cristi,
Please coordinate with me on these agreements since Owen is out of the office. See attached for
the revised agreements. I made edits based on the information provided. There are just a few minor
outstanding items highlighted below.
6
Affordable Housing Agreement
Latest edits
o Unit 109 is now identified as the affordable unit.
o The legal description has been updated to match the legal description provided in the
06/08/2023 preliminary title report. The referenced APN now matches with the APN
provided by Cristi.
o 1160 Laurel, LLC and Patrick Smith are now identified in the owner signature.
o Table for ‘Exhibit B’ is now partially completed.
Outstanding information
o Provide a clean floor plan that identifies the affordable unit, including the square
footage. This will be included as ‘Exhibit B’ in the agreement. Please make sure all
information is legible as the Clerk will reject any exhibits that are illegible.
Subordination Agreement
Latest edits
o 1160 Laurel, LLC and Patrick Smith are now identified in the owner signature.
o The legal description has been updated to match the legal description provided in the
06/08/2023 preliminary title report. The referenced APN now matches with the APN
provided by Cristi.
Outstanding information
o Please identify who will be signing for CPIF California, LLC. The exact contact is
required.
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
T 805.781.7432
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From: Hanh, Hannah
Sent: Friday, August 18, 2023 12:46 PM
To: Chuck Braff <chuck@westpacinv.com>; Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie <SSymens@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Since Owen is out of the office, let me speak to our Housing team next week about an alternative.
Those folks are out of the office today and Monday, so I will update you Tuesday, 08/22 on who to
coordinate with and wrap up the agreement.
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
T 805.781.7432
slocity.org
7
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From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, August 18, 2023 10:47 AM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah
<hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen is out of the office until the 5th of September. Is there someone else we can move this along with?
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:22 AM, Charles Braff <chuck@westpacinv.com> wrote:
Please see attached. We can get you a clean copy but this is the current addressing sheet I
received from Vanessa. Note unit 109 (top right corner).
<1150 Laurel Lane - Addressing 2 (dragged).pdf>
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:16 AM, Cristi Fry <cristi@coast-inc.com> wrote:
1. Chuck has confirmed that Unit 109 is the designated affordable
apartment, which is located within airspace Parcel 7. He also emailed an
exhibit showing the location.
2. The legal description for the Agreement should be:
Parcel 7 of Parcel Map SLO 21-0007 per map recorded in Book ___ of
Parcel Maps, at Page _____, on file in the office of the County
Recorder, San Luis Obispo County, California.
(The map book and page will be filled in by the recorder when it records
concurrently.)
3. Yes, that is format for Laurel Creek, LP signtures on the Affordable Housing
Agreement, the JUA, and the Notice of Requirements. We do not hardly ever
know who signs on behalf of the lender and leave it blank to fill in their name
and title on the Subordination Agreements.
Please get the final Affordable Housing Agreement and the Notice of
Requirements to me, and I will coordinate owner/lender Notarized
signatures on all 3 documents (including the JUA).
Thanks,
Cristi
8
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in
electronic format. Such data is being provided as a courtesy only. The requested electronic file(s)
remain the property of COAST. No warranties or guarantees are made that the files represent or reflect
the complete scope of work and/or as-built condition.
On Thu, Aug 17, 2023 at 5:23 PM Goode, Owen <ogoode@slocity.org>
wrote:
Hi Cristi, one follow up question,
Is the signature image you provided below for the affordability
agreement? Could you please confirm appropriate contacts for
signatures for both Laurel Creek, LP and the Beneficiary CPIF
California, LLC, a California limited liability company.
I’d like to mention that I will be out of office starting tomorrow until
September 5, but these drafts are nearly ready. I’ve attached the
drafts here and there is just the minor outstanding information that is
needed. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
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From: Goode, Owen
Sent: Thursday, August 17, 2023 5:13 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Symens, Sadie <SSymens@slocity.org>; Hanh, Hannah
<hhanh@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Could you please just send me an updated legal description, the
proposed affordable unit number, and a site plan/map identifying the
affordable unit? Thank you.
Best,
9
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Thursday, August 17, 2023 4:13 PM
To: Goode, Owen <ogoode@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah
<hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen,
Chuck will need to provide the unit number.
Attached are answers to the questions within the document (Comments say
made by Sarah Wells - because I am working from her old computer
today....)
In addition, please fix the APN reference at the end of the document.
Parcel 1 was assigned a new APN after the LLA recorded, APN 004-
962-042 (see attached)
Snip below from the 2022 LLA, shows signature format to use.
<image005.png>
Thank you!
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in
electronic format. Such data is being provided as a courtesy only. The requested electronic file(s)
remain the property of COAST. No warranties or guarantees are made that the files represent or
reflect the complete scope of work and/or as-built condition.
On Thu, Aug 17, 2023 at 2:22 PM Goode, Owen <ogoode@slocity.org>
wrote:
Good afternoon, Cristi,
10
Attached are drafts of the Rental Affordability Agreement for 1150
Laurel Lane with the Subordination agreement. Please review the
drafts and let us know if you have any questions. I did add
comments requesting confirmation of the affordable unit (suite
number and location), as well as requesting confirmation on
authorized signatories for both documents. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 3:33 PM
To: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah
<hhanh@slocity.org>; Goode, Owen <ogoode@slocity.org>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
If it helps, the owner's representative says there is a bond in place for the
lien with California Electric Supply.
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in
electronic format. Such data is being provided as a courtesy only. The requested electronic file(s)
remain the property of COAST. No warranties or guarantees are made that the files represent or
reflect the complete scope of work and/or as-built condition.
---------- Forwarded message ---------
From: Jonathan Branoff <Jonathan@westpacinv.com>
Date: Tue, Aug 15, 2023 at 3:03 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Chuck Braff
<chuck@westpacinv.com>, Patrick Smith <psmith@westpacinv.com>
There is a bond in place for the lien with California Electric Supply
11
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:35 PM
To: Chuck Braff <chuck@westpacinv.com>; Patrick Smith
<psmith@westpacinv.com>; Jonathan Branoff
<Jonathan@westpacinv.com>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
Has the mechanic's lien been resolved?
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in
electronic format. Such data is being provided as a courtesy only. The requested electronic file(s)
remain the property of COAST. No warranties or guarantees are made that the files represent or
reflect the complete scope of work and/or as-built condition.
---------- Forwarded message ---------
From: Goode, Owen <ogoode@slocity.org>
Date: Tue, Aug 15, 2023 at 1:31 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Symens, Sadie
<ssymens@slocity.org>
Hi Cristi,
I’m working on the affordable housing rental agreement right now for
your team. While affordable housing agreements do not require a
lender’s signature, lenders that record liens against the property will
be required to sign the subordination agreement. Sadie is helping
me complete the subordination agreement for this project. Can you
please confirm if the mechanic’s lien filed by California Electric
Supply been resolved? This will help Sadie with the completion of
the subordination agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
12
<image002.png><image003.png><image004.png>
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From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:27 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
I was going off that assumption, based on email from Kyle. I am
coordinating lender signatures now, so please let me know as soon as
possible.
<image006.png>
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in
electronic format. Such data is being provided as a courtesy only. The requested electronic file(s)
remain the property of COAST. No warranties or guarantees are made that the files represent or
reflect the complete scope of work and/or as-built condition.
On Tue, Aug 15, 2023 at 12:27 PM Symens, Sadie <ssymens@slocity.org>
wrote:
Hi Cristi,
I’ve been working with Owen on a subordination agreement for the
affordable housing agreement, and I’m not sure I understand your
statement that the AHA does not need lender subordination; can
you please explain why?
Also, Owen may have already reached out about this, but do you
know if the mechanic’s lien filed by California Electric Supply been
resolved?
Thank you,
Sadie
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 12:00 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: La Chaine, Steve <slachaine@slocity.org>; Chuck Braff
<chuck@westpacinv.com>; Stong, Nate <nstong@slocity.org>; Symens,
13
Sadie <ssymens@slocity.org>; Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hello Hannah,
We are still awaiting the Affordable Housing Agreement (which does not
need lender subordination). What is the ETA on the Affordable Housing
Agreement?
Please confirm we are good to send the attached Joint Use Agreement
(Sadie has approved) and attached Notice of Requirements (Steve
laChaine prepared) for owner and lender signatures. These documents
both need lender subordination.
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in
electronic format. Such data is being provided as a courtesy only. The requested electronic file(s)
remain the property of COAST. No warranties or guarantees are made that the files represent or
reflect the complete scope of work and/or as-built condition.
On Tue, Aug 8, 2023 at 2:54 PM Goode, Owen <ogoode@slocity.org>
wrote:
This works thanks Steve. Cristi, please disregard my request.
Thanks everyone.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
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From: La Chaine, Steve <slachaine@slocity.org>
Sent: Tuesday, August 8, 2023 2:51 PM
To: Goode, Owen <ogoode@slocity.org>; Cristi Fry <cristi@coast-
inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff
14
<chuck@westpacinv.com>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Check if links work on this one.
Steve
From: Goode, Owen <ogoode@slocity.org>
Sent: Tuesday, August 8, 2023 2:48 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff
<chuck@westpacinv.com>; La Chaine, Steve <slachaine@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Can we please receive a preliminary title report where the
recorded documents are linked for review so that we may draft the
subordination agreement appropriately? Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Monday, August 7, 2023 11:15 AM
To: Goode, Owen <ogoode@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff
<chuck@westpacinv.com>; La Chaine, Steve <slachaine@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Owen,
thank you for the update
Cristi
15
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in
electronic format. Such data is being provided as a courtesy only. The requested electronic file(s)
remain the property of COAST. No warranties or guarantees are made that the files represent or
reflect the complete scope of work and/or as-built condition.
On Mon, Aug 7, 2023 at 10:47 AM Goode, Owen <ogoode@slocity.org>
wrote:
Hi Cristi,
I wanted to follow up with you to provide you a status update on
your affordability agreement for Laurel Creek Apartments. Our
team has been working to update our Affordable Housing Rental
Agreement Templates which is why we had been delayed in
providing a draft. I am drafting the subordination agreement for
the project today and will complete the draft rental agreement as
soon as we hear back from our attorney’s office on our current
draft of the template. Please reach out to me directly if you have
any questions regarding your affordable housing rental
agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Tuesday, July 11, 2023 1:45 PM
To: cristi@coast-inc.com
Cc: Hanh, Hannah <hhanh@slocity.org>
Subject: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
16
My name is Owen Goode and I’m an Assistant Planner for the
Housing Policies and Programs Team. I’ll be providing you with
the affordable housing rental agreement this week. Please reach
out to me directly with any affordable housing questions you may
have as it pertains to your project at Laurel Creek Apartments.
Thank you.
Best,
Owen Goode
Assistant Planner
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
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EQUIP.ENTRY #6STAIR #3STAIR #4LOBBYENTRANCE #4(E) EAST ELEC.RM.I.T. RM.E. VEST.A7.01K70600060032210114TYP.TYP.010332210114TYP.3311PATIOSTUDIOMIRRORED164ONE BEDMIRRORED102ONE BED103ONE BEDMIRRORED104ONE BEDALTERNATE105BIKE STORAGENORTH LOBBYENTRY #7NORTHCORRIDORSTO.ENTRY #8A7.03K5A7.10K12A7.04K5PATIOPATIOPATIOPATIOPATIO1. LIGHT GRAY SHADE INDICATES THE AREA THAT IS NOT A PART OF THIS PHASE. SEE PHASING PLANS FOR MORE INFORMATION.2. SEE STRUCTURAL, MECHANICAL, ELECTRICAL, CIVIL AND LANDSCAPE PLANS FOR ADDITIONAL INFORMATION3. ALL DIMENSIONS ARE TO FACE OF CONCRETE OR FACE OF STUD ON EXTERIOR WALLS, AND FACE OF STUD AT INTERIOR WALLS. SEE WALL ASSEMBLIES FOR FURTHER INFORMATIONWALL TYPESTUD SIZE (VARIES, SEE FLOOR PLAN)FIRE RATING (SEE FLOOR PLAN)WALL TYPEDETAILEX-W1 EXTERIOR WALL W/ PLASTERIN-W3INTERIOR WOOD STUD WALLIN-W1INTERIOR WALL 1-HR RATEDIN-W2INTERIOR STAGGERED STUD WALL IN-M2SHAFT WALLEX: EXTERIOR IN: INTERIOR C: CONCRETE M: METAL W: WOODEX-W2 EXTERIOR WALL W/ CORRUGATED SIDINGIN-WF INTERIOR FURRED WALLIN-W0 INTERIOR WALLCONCRETEEX-C0 CONCRETE PANELEX-C2 CMU WALLNON-RATED STEEL2-HR RATEDMASONRYNON-RATEDEX-M0 EXTERIOR WALL W/ CORRUGATED SIDINGEXISTING WALLEXISTING WALLIN-M3 EXIST. 3-HR FIRE WALL (PERMITTED BLDG-0813-2021)K6/A9.10D6/A9.10B6/A9.10H10/A9.10D10/A9.10F12/A9.10B12/A9.10H12/A9.10H6/A9.10Thomas E. JessLicensedArchitectStateofCaliforniaExpires 9/2023License #C-2760810987654321ABCDEFGH10987654321ABCDEFClientProjectNO.REVISIONDATEProjectDateSheetTHE INCLUDED DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS & ARRANGEMENTS REPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OFARRIS STUDIO ARCHITECTS AND NO PART THEREOF SHALL BE COPIED, DISCLOSED TO OTHERS OR USED IN CONNECTION WITH ANY WORK OR PROJECT OTHER THAN THE SPECIFIC PROJECT FOR WHICH THEY HAVE BEEN PREPARED AND DEVELOPED WITHOUT THE WRITTEN CONSENT OF ARRIS STUDIO ARCHITECTS. VISUAL CONTACT WITH THESE DRAWINGS OR SPECIFICATIONS SHALL CONSTITUTE CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS. SUBMITTAL OF THESE DOCUMENTS FOR PUBLIC AGENCY REVIEW SHALL NOT BE CONSIDERED A WAIVER OF ARRIS STUDIO ARCHITECTS' RIGHTS. ARRIS STUDIO ARCHITECTS COPYRIGHT 2020Architect of Record/ConsultantConsultantJK1112GHJK11121327 ARCHER STREET, STE. 220SAN LUIS OBISPO, CA 93401THOMAS E. JESS ARCHITECT (CA) #C27608STEPHEN A. RIGOR ARCHITECT (CA) #C33672ADDRESS805.547.2240ARRIS-STUDIO.COMCONTACTBIM 360://A20048 - Laurel Creek Warehouse Apartments/A21170- Laurel Creek Warehouse-NWE Apartments.rvt6/15/2022 10:40:23 AMA2004802/01/2022A3.11LAUREL NWE APARTMENTSLAUREL CREEK LLC1150 LAUREL LANE STE. 120SAN LUIS OBISPO CA, 93401(714) 368-7724FIRST FLOOR PROPOSED PLANWAREHOUSE APARTMENTS1150 LAUREL LANE, SAN LUIS OBISPO, CA 93401GENERAL NOTESWALL LEGENDTRUE NORTHPROJECT NORTH1" = 20'-0"FIRST FLOOR PLANK12REFERENCE NOTES0103 TRASH ENCLOSURE TO FOLLOW CITY OF SAN LUIS OBISPO'S DEVELOPMENTSTANDARDS FOR SOLID WASTE SERVICES.0114 UNIT PATIO, TYP. SEE ENLARGED PLANS0600 2X WOOD FRAMED WALL, S.S.D.3221 NEW CURB RAMP AND WALKWAY, S.C.D.3311 EXISTING HIGH/LOW PRESSURE GAS PIPE, S.C.D.
Approved Copy 8.23.2023
Approved Copy 8.23.2023
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LOBBYCORRIDORBIKE STORAGEWEST ENTRYWEST CORRIDORONE BED158ONE BEDMIRRORED159ONE BED160ONE BEDMIRRORED161ONE BED162STUDIO163ONE BEDMIRRORED165MTCES-165KEEP CLEARKEEP CLEARBANG THE DRUMNO WORK IN THIS AREAPER THIS PERMIT(E) SUITE 160HAPTXNO WORK IN THIS AREAPER THIS PERMIT(E) SUITE 170CAL FIRENO WORK IN THIS AREAPER THIS PERMIT(E) SUITE 175KIVANO WORK IN THIS AREAPER THIS PERMIT(E) SUITE 180ERNEST PACKAGINGNO WORK IN THIS AREAPER THIS PERMIT(E) SUITE 184(VACANT)NO WORK IN THIS AREAPER THIS PERMIT(E) SUITE 190ERNEST PACKAGINGNO WORK IN THIS AREAPER THIS PERMIT(E) WAREHOUSE SUITE 110EVENT SPACENO WORK IN THIS AREAPER THIS PERMIT(E) MULTI-PURPOSE SUITE 115KODANO WORK IN THIS AREAPER THIS PERMIT(E) SUITE 135ACORNNO WORK IN THIS AREAPER THIS PERMIT(E) SUITE 140KODANO WORK IN THIS AREAPER THIS PERMIT(E) SUITE 141ONE BED101(VACANT)(E) UNOCCUPIED WAREHOUSEOFFICESNO WORK IN THIS AREAPER THIS PERMIT(E) SUITE 130(VACANT)NO WORK IN THIS AREAPER THIS PERMIT(E) SUITE 120(VACANT)NO WORK IN THIS AREAPER THIS PERMIT(E) SUITE 125(VACANT)NO WORK IN THIS AREAPER THIS PERMIT(E) SUITE 138(VACANT)?(E) SUITE 136(VACANT)?(E) SUITE 134(VACANT)NO WORK IN THIS AREAPER THIS PERMIT(E) CMUNO WORK IN THIS AREAPER THIS PERMIT(E) KITCHENETTE SUITE 200MAILSTAIR #53500# ELEV.ELEV. EQUIP.ENTRY #6STAIR #3STAIR #4LOBBYENTRANCE #4(E) EAST ELEC.RM.I.T. RM.E. VEST.A7.01K70600060032210114TYP.TYP.010332210114TYP.3311PATIOSTUDIOMIRRORED164ONE BEDMIRRORED102ONE BED103ONE BEDMIRRORED104ONE BEDALTERNATE105BIKE STORAGENORTH LOBBYENTRY #7NORTHCORRIDORSTO.ENTRY #8A7.03K5A7.10K12A7.04K5PATIOPATIOPATIOPATIOPATIO1. LIGHT GRAY SHADE INDICATES THE AREA THAT IS NOT A PART OF THIS PHASE. SEE PHASING PLANS FOR MORE INFORMATION.2. SEE STRUCTURAL, MECHANICAL, ELECTRICAL, CIVIL AND LANDSCAPE PLANS FOR ADDITIONAL INFORMATION3. ALL DIMENSIONS ARE TO FACE OF CONCRETE OR FACE OF STUD ON EXTERIOR WALLS, AND FACE OF STUD AT INTERIOR WALLS. SEE WALL ASSEMBLIES FOR FURTHER INFORMATIONWALL TYPESTUD SIZE (VARIES, SEE FLOOR PLAN)FIRE RATING (SEE FLOOR PLAN)WALL TYPEDETAILEX-W1 EXTERIOR WALL W/ PLASTERIN-W3INTERIOR WOOD STUD WALLIN-W1INTERIOR WALL 1-HR RATEDIN-W2INTERIOR STAGGERED STUD WALL IN-M2SHAFT WALLEX: EXTERIOR IN: INTERIOR C: CONCRETE M: METAL W: WOODEX-W2 EXTERIOR WALL W/ CORRUGATED SIDINGIN-WF INTERIOR FURRED WALLIN-W0 INTERIOR WALLCONCRETEEX-C0 CONCRETE PANELEX-C2 CMU WALLNON-RATED STEEL2-HR RATEDMASONRYNON-RATEDEX-M0 EXTERIOR WALL W/ CORRUGATED SIDINGEXISTING WALLEXISTING WALLIN-M3 EXIST. 3-HR FIRE WALL (PERMITTED BLDG-0813-2021)K6/A9.10D6/A9.10B6/A9.10H10/A9.10D10/A9.10F12/A9.10B12/A9.10H12/A9.10H6/A9.10Thomas E. JessLicensedArchitectStateofCaliforniaExpires 9/2023License #C-2760810987654321ABCDEFGH10987654321ABCDEFClientProjectNO.REVISIONDATEProjectDateSheetTHE INCLUDED DRAWINGS, SPECIFICATIONS, IDEAS, DESIGNS & ARRANGEMENTS REPRESENTED THEREBY ARE AND SHALL REMAIN THE PROPERTY OFARRIS STUDIO ARCHITECTS AND NO PART THEREOF SHALL BE COPIED, DISCLOSED TO OTHERS OR USED IN CONNECTION WITH ANY WORK OR PROJECT OTHER THAN THE SPECIFIC PROJECT FOR WHICH THEY HAVE BEEN PREPARED AND DEVELOPED WITHOUT THE WRITTEN CONSENT OF ARRIS STUDIO ARCHITECTS. VISUAL CONTACT WITH THESE DRAWINGS OR SPECIFICATIONS SHALL CONSTITUTE CONCLUSIVE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS. SUBMITTAL OF THESE DOCUMENTS FOR PUBLIC AGENCY REVIEW SHALL NOT BE CONSIDERED A WAIVER OF ARRIS STUDIO ARCHITECTS' RIGHTS. ARRIS STUDIO ARCHITECTS COPYRIGHT 2020Architect of Record/ConsultantConsultantJK1112GHJK11121327 ARCHER STREET, STE. 220SAN LUIS OBISPO, CA 93401THOMAS E. JESS ARCHITECT (CA) #C27608STEPHEN A. RIGOR ARCHITECT (CA) #C33672ADDRESS805.547.2240ARRIS-STUDIO.COMCONTACTBIM 360://A20048 - Laurel Creek Warehouse Apartments/A21170- Laurel Creek Warehouse-NWE Apartments.rvt6/15/2022 10:40:23 AMA2004802/01/2022A3.11LAUREL NWE APARTMENTSLAUREL CREEK LLC1150 LAUREL LANE STE. 120SAN LUIS OBISPO CA, 93401(714) 368-7724FIRST FLOOR PROPOSED PLANWAREHOUSE APARTMENTS1150 LAUREL LANE, SAN LUIS OBISPO, CA 93401GENERAL NOTESWALL LEGENDTRUE NORTHPROJECT NORTH1" = 20'-0"FIRST FLOOR PLANK12REFERENCE NOTES0103 TRASH ENCLOSURE TO FOLLOW CITY OF SAN LUIS OBISPO'S DEVELOPMENTSTANDARDS FOR SOLID WASTE SERVICES.0114 UNIT PATIO, TYP. SEE ENLARGED PLANS0600 2X WOOD FRAMED WALL, S.S.D.3221 NEW CURB RAMP AND WALKWAY, S.C.D.3311 EXISTING HIGH/LOW PRESSURE GAS PIPE, S.C.D.
1
From:Travis Dunn <travis@westpacinv.com>
Sent:Friday, September 1, 2023 10:05 AM
To:Nelson, Trevor
Cc:Don Gross; Chuck Braff
Subject:RE: Laurel Creek Warehouse
Attachments:Laurel Creek Warehouse-Weekly Insp. Report for 8-7 to 8-11-23.pdf
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Trevor,
It was my understanding that per the permit card correcƟng the “Unresolved Issues List” (aƩached) was the last outstanding
item for obtaining Final on the AMMR project here at 1150 Laurel Lane. I have aƩached the report showing that the issues have
been resolved.
Can you please let me know what if there is anything else we need to do in order to obtain final approval on this project?
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Travis Dunn
Sent: Friday, August 18, 2023 1:57 PM
To: Trevor Nelson <tnelson@slocity.org>
Cc: Don Gross <don@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Subject: FW: Laurel Creek Warehouse
Trevor,
I wanted to forward this to you. This is the resoluƟon of the unresolved issues from the AMMR third party inspec Ɵons.
Let me know if you have any quesƟons and need anything else.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Stephanie Kennedy <skennedy@earthsystems.com>
Sent: Friday, August 18, 2023 1:45 PM
2
To: Chuck Braff <chuck@bowtieholdings.com>; Don Gross <don@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>; Robert Down <rdown@earthsystems.com>; Robert Down <rdown@earthsystems.com>; Shawn
Malone <shawn@westpacinv.com>; Sydney Johnson <sjohnson@earthsystems.com>; Travis Dunn <travis@westpacinv.com>
Subject: Laurel Creek Warehouse
August 18, 2023
Good AŌernoon,
Please find the aƩached in PDF format from Sydney Johnson. If you have any ques Ɵons regarding the aƩached feel
free to call Ms. Johnson at 805-544-3276, or email her at sjohnson@earthsystems.com
Thank you,
Stephanie Kennedy
Technical Assistant
2049 Preisker Lane, Suite E - Santa Maria, CA 93454
(805) 928-2991 ext 307 Direct: (805) 623-1187
skennedy@earthsystems.com
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the intended recipient and
others authorized to receive it. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or
taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
WEEKLY INSPECTION REPORT
August 15, 2023 File No.: 302473‐004
Mr. Patrick Smith
Laurel Creek LP
835 Aerovista Place
San Luis Obispo, California 93401
PROJECT: LAUREL CREEK WAREHOUSE
1150 LAUREL LANE, SAN LUIS OBISPO, CALIFORNIA
SUBJECT: Report of Structural Tests and/or Special Inspections for the
Week of August 7 through 11, 2023
Summary of Items Inspected
Earth Systems provided no special inspection and/or structural testing services for this project
for this week. Received documentation to clear the remaining unresolved issues from the
attached unresolved issues list.
Retaining Wall Backfill Batch Plant Masonry Shop Welding Fireproofing
Deep Foundation Concrete Rebar
Fireproofing Shear Wall Bolts
Post‐Installed Anchors Shotcrete Tiebacks X
Non‐compliant
Resolution
Thank you for the opportunity to have been of service. If there are any questions regarding this
report, please feel free to contact the undersigned.
Earth Systems Pacific,
David Burns, Inspection Department Supervisor
Attachment: Unresolved Issues List (1 page)
Doc. No.: 2308‐008.WSI/smk
Client Lab Doc. #.:
Attn:Lab Job #:
Address:Report Date:
Project Name:Project Address:
Date Reported Issue
Number
9/15/2021 3
10/8/2021 4
1/23/2023 to
Current 5
2/6/2023 &
2/8/2023 6
Regarding fireproofing inspection for exterior wide flange columns it
was noted that there are no approved submittals.
Approved submittal dated 1/27/23
received. (ISSUE RESOLVED).Yes
Regarding fireproofing inspection for exterior wide flange columns
it was noted that the 2nd coat of Hilti CFP-SP AWHB is below
average thickness required.
Contractor repaired and re-inspection
performed and approved.(ISSUE
RESOLVED).Yes
Regarding concrete placement inspection for CMU Wall Slab and
Sidewalk at Southeast Parking Lot it was noted that the Approved
Concrete Mix Design No.564RN2040/4,000 psi concrete was not
what was delivered to the project.Concrete Mix Design No.
517JN2040/3,500 psi concrete was delivered to the project and
placed instead. Contractor opted to pour the as-delivered material.
Received approval of concrete mix design
no.517JN2040 on 8/15/23.(ISSUE
RESOLVED).Yes
Laurel Creek Warehouse 1150 Laurel Lane, San Luis Obispo, California
Unresolved Issue Remarks/Resolution Method Issue
Resolved
During concrete placement inspection for the CMU retaining wall
footing it was noted the the Hanson Concrete Mix Design No.
65041N3P is not an approved mix design.
Received approval for concrete mix design
no. 65041N3P on 8/15/23. (ISSUE
RESOLVED).Yes
Earth Systems
UNRESOLVED ISSUES
Laurel Creek, LP 2308-008.WSI
Mr. Patrick Smith 302473-004
835 Aerovista Place August 15, 2023
San Luis Obispo, California 93401
Note: Only unresolved issues and issues that have been resolved within the past two weeks are shown. The numbering sequence reflects all issues for this project.Page 1 of 1
1
From:Travis Dunn <travis@westpacinv.com>
Sent:Friday, September 1, 2023 2:56 PM
To:Nelson, Trevor
Cc:Don Gross; Chuck Braff
Subject:RE: Laurel Creek Warehouse
HASLO: BLDG-1509-2022
Ernest Office: BLDG-0795-2020
Ernest Warehouse: BLDG-0793-2020
Kiva: BLDG-2531-2020
Cal Fire: BLDG-0188-2020
Bang The Drum: BLDG-3367-2022
AMMR: BLDG-0813-2021
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nelson, Trevor <tnelson@slocity.org>
Sent: Friday, September 1, 2023 1:48 PM
To: Travis Dunn <travis@westpacinv.com>
Cc: Don Gross <don@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: Laurel Creek Warehouse
Received, thank you. Appreciate the follow up.
Send me the permit numbers you would like me to look into. I have blocked out time on my calendar for your request
on Tuesday, we’ll get it done.
Thanks,
Trevor Nelson
Supervising Building Inspector
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
slocity.org
Stay connected with the City by signing up for e-notifications
2
From: Travis Dunn <travis@westpacinv.com>
Sent: Friday, September 1, 2023 10:05 AM
To: Nelson, Trevor <tnelson@slocity.org>
Cc: Don Gross <don@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: Laurel Creek Warehouse
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Trevor,
It was my understanding that per the permit card correcƟng the “Unresolved Issues List” (aƩached) was the last outstanding
item for obtaining Final on the AMMR project here at 1150 Laurel Lane. I have aƩached the report showing that the issues have
been resolved.
Can you please let me know what if there is anything else we need to do in order to obtain final approval on this project?
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Travis Dunn
Sent: Friday, August 18, 2023 1:57 PM
To: Trevor Nelson <tnelson@slocity.org>
Cc: Don Gross <don@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Subject: FW: Laurel Creek Warehouse
Trevor,
I wanted to forward this to you. This is the resoluƟon of the unresolved issues from the AMMR third party inspec Ɵons.
Let me know if you have any quesƟons and need anything else.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Stephanie Kennedy <skennedy@earthsystems.com>
Sent: Friday, August 18, 2023 1:45 PM
To: Chuck Braff <chuck@bowtieholdings.com>; Don Gross <don@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>; Robert Down <rdown@earthsystems.com>; Robert Down <rdown@earthsystems.com>; Shawn
Malone <shawn@westpacinv.com>; Sydney Johnson <sjohnson@earthsystems.com>; Travis Dunn <travis@westpacinv.com>
Subject: Laurel Creek Warehouse
3
August 18, 2023
Good AŌernoon,
Please find the aƩached in PDF format from Sydney Johnson. If you have any ques Ɵons regarding the aƩached feel
free to call Ms. Johnson at 805-544-3276, or email her at sjohnson@earthsystems.com
Thank you,
Stephanie Kennedy
Technical Assistant
2049 Preisker Lane, Suite E - Santa Maria, CA 93454
(805) 928-2991 ext 307 Direct: (805) 623-1187
skennedy@earthsystems.com
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the intended recipient and
others authorized to receive it. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or
taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
1
From:Travis Dunn <travis@westpacinv.com>
Sent:Friday, September 1, 2023 10:00 AM
To:Nelson, Trevor
Cc:Don Gross; Chuck Braff
Subject:RE: 1150 Laurel Lane - TCO's expired
Morning Trevor,
I wanted to follow up on the TCO permits and get an update on pending requirements. Thank you for le ƫng us know how to get
these extended as soon as possible.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nelson, Trevor <tnelson@slocity.org>
Sent: Friday, August 25, 2023 12:34 PM
To: Travis Dunn <travis@westpacinv.com>
Cc: Don Gross <don@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: 1150 Laurel Lane - TCO's expired
Thanks for follow up. I’ll dig into the various TCO permits next week and update you on any pending requirements.
Thank you,
Trevor Nelson
Supervising Building Inspector
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Thursday, August 24, 2023 1:15 PM
To: Nelson, Trevor <tnelson@slocity.org>
Cc: Don Gross <don@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: 1150 Laurel Lane - TCO's expired
2
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Trevor,
I just wanted to follow up on my previous email regarding 1150 Laurel Lane’s TCO’s. Let me know that you get the email and if
you need anything else.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Travis Dunn
Sent: Tuesday, August 22, 2023 2:45 PM
To: Trevor Nelson <tnelson@slocity.org>
Cc: Don Gross <don@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Subject: 1150 Laurel Lane - TCO's expired
Hi Trevor,
Looking at our exisƟng TCO’s they have expired for Ernest, Cal Fire, Event Center, South Lobby, HASLO, Bang The Drum, and Kiva.
What do you want to inspect or have us do to get an extension on these TCO’s while we are finishing the 31 Apartments. See
aƩached TCO list which we have kept for all spaces.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
1
From:Nichols, Vanessa
Sent:Wednesday, August 30, 2023 10:16 AM
To:Travis Dunn
Cc:Chuck Braff; Don Gross
Subject:RE: Laurel Creek 2" Existing Irrigation Meter
Attachments:1150 Laurel Lane - Landscape Meter - WorkOrder.docx
Hi,
Attached you will find the work order for the water meter. You will call the number at the bottom of the work order to
get it set. You can access the stamp revised plan for this revision in the portal. Let me know if you have any
questions.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Wednesday, August 30, 2023 9:05 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Morning Vanessa,
The invoice was just paid by credit card. What is the next step? How long will it take to get the water meter?
Thank you for your guidance on this.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
2
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Tuesday, August 29, 2023 10:25 AM
To: Travis Dunn <travis@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi,
Attached is the invoice with the fee for the new water meter. The invoice can be paid online by following this link
https://infoslo.slocity.org/EnerGov_Prod/selfservice#/home and clicking on Pay Invoices on the top menu bar or a check can be
drop by the office during open office hours. Please let me know when the fees have been paid and I will forward the water
meter work order and the revised plan sheet.
Let me know if you have any questions.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Tuesday, August 29, 2023 9:21 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Please see attached response letter from Ashley & Vance Engineering. I just spoke with Evan Dahl there and he mentioned that
he forwarded the plans as well.
Please confirm this is what you are looking for.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Tuesday, August 29, 2023 9:06 AM
To: Travis Dunn <travis@westpacinv.com>
3
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Yes, I need for you to provide me with the documentation you provided Kyle and he approved. I need this
documentation to process permit issuance. Was trying to see if I could track it down in email chain but was
unsuccessful.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Tuesday, August 29, 2023 9:01 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi Vanessa,
It looks like the comment has been addressed and can be cleared per Kyle Anderson. Is there anything else that we need to do
to clear this and get this meter approved and installed?
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Thursday, August 24, 2023 4:48 PM
To: Travis Dunn <travis@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi,
Utilities had a comment to address, which is attached. Once you have addressed the comments, please resubmit the
plan to both myself and Kyle as he directed. Let me know if you have any questions.
4
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Thursday, August 24, 2023 12:58 PM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi Vanessa,
Can you please provide me with the status of the 2” water meter?
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Travis Dunn
Sent: Tuesday, August 22, 2023 2:07 PM
To: 'Nichols, Vanessa' <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi Vanessa,
Thank you for the email and follow up. Have you heard anything back on this yet?
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Monday, August 21, 2023 4:35 PM
5
To: Travis Dunn <travis@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi,
We had some staff out of the office. I just emailed and asked that this be looked asap. I will get you an update
tomorrow.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Monday, August 21, 2023 9:13 AM
To: Nichols, Vanessa <vnichols@slocity.org>; building <building@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Good morning, Vanessa,
I am emailing you to get an update on the 2” water meter revisions. This was planned to be completed at the beginning of last
week. Can you please give me an update on the status of this. This item is critical to our water usage as we are not able to water
all of our landscaping at this time without the new meter.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Thursday, August 10, 2023 4:59 PM
To: Ben Gulstad <bgulstad@arris-studio.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>;
evan@ashleyvance.com; Juan Alvarez <juan@ashleyvance.com>; Laura Dion <laura@arris-studio.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Thank you for sending this over. I am getting this into the official revision processes. We can hopefully have this
figured out by the beginning of next week.
Thank you.
6
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Ben Gulstad <bgulstad@arris-studio.com>
Sent: Thursday, August 10, 2023 10:51 AM
To: Travis Dunn <travis@westpacinv.com>; Nichols, Vanessa <vnichols@slocity.org>; building <building@slocity.org>;
evan@ashleyvance.com; Juan Alvarez <juan@ashleyvance.com>; Laura Dion <laura@arris-studio.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hello Vanessa,
We’ve made the plan revisions and completed the revision to permit form. Please see this link for both documents:
https://arris.egnyte.com/fl/VQHVJJh9WY
Please let us know if there is any other information you need.
Thank you!
Ben Gulstad | Arris Studio Architects
(805) 547-2240 ext 123 | bgulstad@arris-studio.com
From: Travis Dunn <travis@westpacinv.com>
Sent: Thursday, August 10, 2023 8:56 AM
To: Heather Wiebe <heather@arris-studio.com>; Ben Gulstad <bgulstad@arris-studio.com>
Subject: FW: Laurel Creek 2" Existing Irrigation Meter
Heather and Ben,
Is this form something that you can complete today and submit.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Thursday, August 10, 2023 8:43 AM
To: Travis Dunn <travis@westpacinv.com>; Evan Dahl <evan@ashleyvance.com>
7
Cc: Juan Alvarez <juan@ashleyvance.com>; Laurel Creek <laurel_creek@ashleyvance.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Good Morning,
They are reviewing and discussing the information you sent in the below email. They said they would get back to you
as soon as they could. I recommend moving forward with submitting me the revision (revision form and revised plan
sheets). Just email it directly to me and this way I can get in the process so they can provide the approval if it moves
that way or direction. Either way this step will need to happen and will save time to get it going. Let me know if you
have any questions.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Thursday, August 10, 2023 8:39 AM
To: Nichols, Vanessa <vnichols@slocity.org>; Evan Dahl <evan@ashleyvance.com>
Cc: Juan Alvarez <juan@ashleyvance.com>; Laurel Creek <laurel_creek@ashleyvance.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Morning Vanessa,
You were hoping to have feedback on the new 2” valve, were you able to get anything from Utilities?
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Wednesday, August 9, 2023 10:55 AM
To: Evan Dahl <evan@ashleyvance.com>
Cc: Travis Dunn <travis@westpacinv.com>; Juan Alvarez <juan@ashleyvance.com>; Laurel Creek
<laurel_creek@ashleyvance.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi,
Yes, I forwarded this to Utilities for their input and approval. Hope to have feedback for you by the end of today.
8
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Evan Dahl <evan@ashleyvance.com>
Sent: Wednesday, August 9, 2023 10:26 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Travis Dunn <travis@westpacinv.com>; Juan Alvarez <juan@ashleyvance.com>; Laurel Creek
<laurel_creek@ashleyvance.com>
Subject: Re: Laurel Creek 2" Existing Irrigation Meter
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Vanessa, the contractor is looking to do this work as soon as possible and we'd like to keep them moving, if you could provide
any feedback you might have soon it would be greatly appreciated. Thanks!
Evan Dahl
Ashley & Vance Engineering
Civil • Structural
119 N. Commercial Street #1505 | Bellingham, WA 98225
(360) 746-8020 x141
www.ashleyvance.com
On Tue, Aug 8, 2023 at 4:24 PM Evan Dahl <evan@ashleyvance.com> wrote:
Hi Vanessa, we've been coordinating with Travis Dunn on the existing 2" irrigation water meter on the Laurel Creek project. It
sounds like the City would like that meter to be replaced and relocated to the existing empty water meter vault in the
sidewalk.
It is our assumption that the current irrigation vault will remain. There's a 2nd water line in that vault that bypasses the
irrigation meter, does the City have any guidance on what should be done with that 2nd line?
Before we update the civil plans we wanted to send you this sketch to see if you had any comments for us. Thanks,
9
Evan Dahl
Ashley & Vance Engineering
Civil • Structural
119 N. Commercial Street #1505 | Bellingham, WA 98225
(360) 746-8020 x141
www.ashleyvance.com
UTILITY SERVICE INSTALLATION WORK-ORDER
Customer Billing Information Created By: Vanessa Nichols Permit PLREV-0414-2023
Owner: Laurel Creek LP New 2” landscape water meter and installation.
Replacing and existing 2” landscape meter Mailing address: 505 Bath Street
City, St. Zip: Santa Barbara, CA 93101
Phone: 805-451-4314
Meter Address Suite Size Serial # Mf Read Res Com Landscape Recycled
1150 Laurel Lane 2” X
Important; Please read carefully. Failure to comply could result in additional expense.
1. If metered service is to be used for landscape, an approved backflow device must be installed per approved plan and City
standard prior to the meter set.
2. A minimum of 48 hours prior notification is required for all inspection/installation requests. Call Public Works Inspection at
805-781-7554 to schedule.
3. An encroachment permit is required for any work performed in the public right-of way.
4. At time of meter installation, a water and sewer billing account will be established using customer information shown above. An
account set-up will be assessed at that time and sewer and water use charges will commence.
CUSTOMER * PUBLIC WORKS INSPECTOR * CORP YARD * UTILITIES - BILLING * BUILDING DEPT.
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
Amount paid: $987.64
1
From:Symens, Sadie
Sent:Wednesday, August 30, 2023 4:31 PM
To:Cristi Fry
Cc:Hanh, Hannah; Chuck Braff; Goode, Owen
Subject:RE: Affordable Housing Agreement - Laurel Creek
Attachments:Developer For-Rent Affordable Housing Agreement_Laurel Creek Apartments_083023.docx
Cristi,
The Planning Commission Resolution approving this project states that the AHA is to be recorded prior to the issuance
of construction permits. As Hannah stated, the City has allowed additional time for flexibility, but we cannot agree to
defer until recordation of the map.
Attached is the latest draft with the legal description updated in accordance with the latest title report. We still need
you to complete Exhibit B by providing a map of the unit and filling in the square footage.
From: Cristi Fry <cristi@coast-inc.com>
Sent: Wednesday, August 30, 2023 3:22 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Why does the Aff Hsg Agreement need to be recorded prior to the map?
Portions were for the LLA parcels. A new APN was assigned and Hannah updated that already in a prior email.
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-built
condition.
On Wed, Aug 30, 2023 at 3:08 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
We cannot amend the AHA to reflect Parcel 7 only since that is not a legal parcel and the AHA needs to be recorded
now. However, the AHA specifies that the resale and affordability restrictions only apply to the “Affordable Unit,”
which is Unit 109 as stated on the first page of the document.
2
The information we still need from you in order to finalize the agreement is:
1. Square footage of Unit 109
2. Bedroom count of Unit 109
3. Affordability for Unit 109 (staff may be able to complete this one)
4. Clarification on which APN needs to be modified – Exhibit A (Legal Description) refers to “Portion of 004-962-
034 and Portion of 004-962-035.” Please clarify which APN you believe needs to be updated.
Thank you,
Sadie
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 29, 2023 2:01 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Thank you!
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
3
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
On Tue, Aug 29, 2023 at 1:42 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hello Cristi,
I’ve attached the revised Subordination Agreement, acknowledging the modification to the deed of trust from
8/10/2023 and updated the legal description to match that in Exhibit A of the modification and updating the signature
lines for lender and owner. I will work with Hannah on getting you a revised Affordable Housing Agreement.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
City Attorney's Office
E ssymens@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or
anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY
US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 29, 2023 1:03 PM
To: Symens, Sadie <ssymens@slocity.org>
4
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hi Sadie,
There was a recent loan modification (8/10/23).
Sorry to do this, but please find attached an updated hyperlinked title report that will necessitate revised lender Subordina tion
Agreements for the 3 documents that will record concurrently with the Parcel Map (JUA, Affordable Housing Agreement, and
Notice of Requirements).
Please use the following format from the recent loan modification for the lender signature = Brad Shain, Manager
Thanks for your patience,
Cristi
5
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
On Tue, Aug 22, 2023 at 4:27 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
My understanding is that the loan from CPIF California LLC affects “Parcel 1,” which is now being subdivided into
Parcels 1-9 (the affordable unit being in new Parcel 7), so at least as to the Subordination Agreement, it will refer to
the entirety of the former “Parcel 1.”
We need the name and title of the person who will be signing on behalf of lender. Can you please contact them for
this information? We cannot fill it in later or upon execution.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
City Attorney's Office
E ssymens@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
6
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or
anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY
US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 22, 2023 4:06 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Goode, Owen <ogoode@slocity.org>; Symens, Sadie <ssymens@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hannah,
Thank you!
Lender Information - name and title is typically printed in by the signator.
Shouldn't the legal description only encumber the airspace parcel the designated affordable unit is located in (Parcel 7) and
not all 9 parcels?
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
7
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
On Tue, Aug 22, 2023 at 2:51 PM Hanh, Hannah <hhanh@slocity.org> wrote:
Chuck and Cristi,
Please coordinate with me on these agreements since Owen is out of the office. See attached for the revised
agreements. I made edits based on the information provided. There are just a few minor outstanding items
highlighted below.
Affordable Housing Agreement
Latest edits
o Unit 109 is now identified as the affordable unit.
o The legal description has been updated to match the legal description provided in the 06/08/2023
preliminary title report. The referenced APN now matches with the APN provided by Cristi.
o 1160 Laurel, LLC and Patrick Smith are now identified in the owner signature.
o Table for ‘Exhibit B’ is now partially completed.
Outstanding information
o Provide a clean floor plan that identifies the affordable unit, including the square footage. This will
be included as ‘Exhibit B’ in the agreement. Please make sure all information is legible as the Clerk
will reject any exhibits that are illegible.
Subordination Agreement
Latest edits
o 1160 Laurel, LLC and Patrick Smith are now identified in the owner signature.
o The legal description has been updated to match the legal description provided in the 06/08/2023
preliminary title report. The referenced APN now matches with the APN provided by Cristi.
8
Outstanding information
o Please identify who will be signing for CPIF California, LLC. The exact contact is required.
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
T 805.781.7432
slocity.org
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From: Hanh, Hannah
Sent: Friday, August 18, 2023 12:46 PM
To: Chuck Braff <chuck@westpacinv.com>; Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie <SSymens@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Since Owen is out of the office, let me speak to our Housing team next week about an alternative. Those folks are
out of the office today and Monday, so I will update you Tuesday, 08/22 on who to coordinate with and wrap up
the agreement.
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
T 805.781.7432
9
slocity.org
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, August 18, 2023 10:47 AM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen is out of the office until the 5th of September. Is there someone else we can move this along with?
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:22 AM, Charles Braff <chuck@westpacinv.com> wrote:
Please see attached. We can get you a clean copy but this is the current addressing sheet I received from
Vanessa. Note unit 109 (top right corner).
<1150 Laurel Lane - Addressing 2 (dragged).pdf>
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:16 AM, Cristi Fry <cristi@coast-inc.com> wrote:
1. Chuck has confirmed that Unit 109 is the designated affordable apartment, which is
located within airspace Parcel 7. He also emailed an exhibit showing the location.
2. The legal description for the Agreement should be:
10
Parcel 7 of Parcel Map SLO 21-0007 per map recorded in Book ___ of Parcel Maps,
at Page _____, on file in the office of the County Recorder, San Luis Obispo County,
California.
(The map book and page will be filled in by the recorder when it records concurrently.)
3. Yes, that is format for Laurel Creek, LP signtures on the Affordable Housing Agreement,
the JUA, and the Notice of Requirements. We do not hardly ever know who signs on behalf
of the lender and leave it blank to fill in their name and title on the Subordination
Agreements.
Please get the final Affordable Housing Agreement and the Notice of Requirements to me,
and I will coordinate owner/lender Notarized signatures on all 3 documents (including the
JUA).
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
11
On Thu, Aug 17, 2023 at 5:23 PM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi, one follow up question,
Is the signature image you provided below for the affordability agreement? Could
you please confirm appropriate contacts for signatures for both Laurel Creek, LP
and the Beneficiary CPIF California, LLC, a California limited liability company.
I’d like to mention that I will be out of office starting tomorrow until September 5, but
these drafts are nearly ready. I’ve attached the drafts here and there is just the
minor outstanding information that is needed. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Thursday, August 17, 2023 5:13 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Symens, Sadie <SSymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Could you please just send me an updated legal description, the proposed
affordable unit number, and a site plan/map identifying the affordable unit? Thank
you.
12
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Thursday, August 17, 2023 4:13 PM
To: Goode, Owen <ogoode@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen,
Chuck will need to provide the unit number.
Attached are answers to the questions within the document (Comments say made by
Sarah Wells - because I am working from her old computer today....)
In addition, please fix the APN reference at the end of the document.
Parcel 1 was assigned a new APN after the LLA recorded, APN 004-962-042 (see
attached)
Snip below from the 2022 LLA, shows signature format to use.
<image005.png>
Thank you!
Cristi
13
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Thu, Aug 17, 2023 at 2:22 PM Goode, Owen <ogoode@slocity.org> wrote:
Good afternoon, Cristi,
Attached are drafts of the Rental Affordability Agreement for 1150 Laurel Lane with
the Subordination agreement. Please review the drafts and let us know if you have
any questions. I did add comments requesting confirmation of the affordable unit
(suite number and location), as well as requesting confirmation on authorized
signatories for both documents. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
14
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 3:33 PM
To: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>; Goode,
Owen <ogoode@slocity.org>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
If it helps, the owner's representative says there is a bond in place for the lien with
California Electric Supply.
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such
data is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties
or guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
---------- Forwarded message ---------
From: Jonathan Branoff <Jonathan@westpacinv.com>
Date: Tue, Aug 15, 2023 at 3:03 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Chuck Braff <chuck@westpacinv.com>, Patrick
Smith <psmith@westpacinv.com>
15
There is a bond in place for the lien with California Electric Supply
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:35 PM
To: Chuck Braff <chuck@westpacinv.com>; Patrick Smith <psmith@westpacinv.com>;
Jonathan Branoff <Jonathan@westpacinv.com>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
Has the mechanic's lien been resolved?
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such
data is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties
or guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
---------- Forwarded message ---------
From: Goode, Owen <ogoode@slocity.org>
Date: Tue, Aug 15, 2023 at 1:31 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Symens, Sadie <ssymens@slocity.org>
16
Hi Cristi,
I’m working on the affordable housing rental agreement right now for your team.
While affordable housing agreements do not require a lender’s signature, lenders
that record liens against the property will be required to sign the subordination
agreement. Sadie is helping me complete the subordination agreement for this
project. Can you please confirm if the mechanic’s lien filed by California Electric
Supply been resolved? This will help Sadie with the completion of the
subordination agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:27 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
I was going off that assumption, based on email from Kyle. I am coordinating lender
signatures now, so please let me know as soon as possible.
<image006.png>
17
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such
data is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties
or guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Tue, Aug 15, 2023 at 12:27 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
I’ve been working with Owen on a subordination agreement for the affordable
housing agreement, and I’m not sure I understand your statement that the AHA
does not need lender subordination; can you please explain why?
Also, Owen may have already reached out about this, but do you know if the
mechanic’s lien filed by California Electric Supply been resolved?
Thank you,
Sadie
18
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 12:00 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: La Chaine, Steve <slachaine@slocity.org>; Chuck Braff <chuck@westpacinv.com>;
Stong, Nate <nstong@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Goode, Owen
<ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hello Hannah,
We are still awaiting the Affordable Housing Agreement (which does not need lender
subordination). What is the ETA on the Affordable Housing Agreement?
Please confirm we are good to send the attached Joint Use Agreement (Sadie has
approved) and attached Notice of Requirements (Steve laChaine prepared) for owner
and lender signatures. These documents both need lender subordination.
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such
data is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties
or guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
19
On Tue, Aug 8, 2023 at 2:54 PM Goode, Owen <ogoode@slocity.org> wrote:
This works thanks Steve. Cristi, please disregard my request. Thanks everyone.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: La Chaine, Steve <slachaine@slocity.org>
Sent: Tuesday, August 8, 2023 2:51 PM
To: Goode, Owen <ogoode@slocity.org>; Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Check if links work on this one.
Steve
From: Goode, Owen <ogoode@slocity.org>
Sent: Tuesday, August 8, 2023 2:48 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; La
Chaine, Steve <slachaine@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
20
Can we please receive a preliminary title report where the recorded documents
are linked for review so that we may draft the subordination agreement
appropriately? Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Monday, August 7, 2023 11:15 AM
To: Goode, Owen <ogoode@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; La
Chaine, Steve <slachaine@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Owen,
thank you for the update
Cristi
21
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such
data is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No
warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-built
condition.
On Mon, Aug 7, 2023 at 10:47 AM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi,
I wanted to follow up with you to provide you a status update on your
affordability agreement for Laurel Creek Apartments. Our team has been
working to update our Affordable Housing Rental Agreement Templates which
is why we had been delayed in providing a draft. I am drafting the subordination
agreement for the project today and will complete the draft rental agreement as
soon as we hear back from our attorney’s office on our current draft of the
template. Please reach out to me directly if you have any questions regarding
your affordable housing rental agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
22
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Tuesday, July 11, 2023 1:45 PM
To: cristi@coast-inc.com
Cc: Hanh, Hannah <hhanh@slocity.org>
Subject: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
My name is Owen Goode and I’m an Assistant Planner for the Housing Policies
and Programs Team. I’ll be providing you with the affordable housing rental
agreement this week. Please reach out to me directly with any affordable
housing questions you may have as it pertains to your project at Laurel Creek
Apartments. Thank you.
Best,
Owen Goode
Assistant Planner
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
No fee for recording pursuant to (Space above for Recorder's Use)
Government Code Section 27383
BELOW MARKET RATE RENTAL HOUSING AGREEMENT AND DECLARATION
OF RESTRICTIVE COVENANTS
(Below Market Rate Rental Unit 1150 Laurel Lane, Unit 109] for
Laurel Creek Apartments
This BELOW MARKET RATE RENTAL HOUSING RENTAL RESTRICTION
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS ("Agreement") is
made and entered into on this ______ day of __________________, 20__, by and between the
City of San Luis Obispo, a California charter city and municipal corporation (the "City"), and
Laurel Creek, LP, a California limited partnership (the "Owner"), collectively referred to as the
"Parties."
RECITALS
A. Owner is the owner of certain real property located at 1150 Laurel Lane in the City,
which is more particularly described in attached Exhibit A incorporated herein by this reference
(the "Property").
B. On November 18, 2020, the Planning Commission adopted Resolution No. PC-
1027-2020 (ARCH-0227-2020 & USE-0228-2020) (the "Project Approvals") to approve
Owner's construction of 100 residential units on the Property (the "Project").
C. To satisfy the Project’s requirements under the City’s Inclusionary Housing
Ordinance, Municipal Code Chapter 17.138, (the “Inclusionary Housing Ordinance”) the
Parties have agreed that the Owner is required to rent 1 low- or moderate-income dwelling unit
(the “Affordable Units”), as shown in Exhibit B, and in conformance with the income limits as
published by the State Department of Housing and Community Development.
D. Rental prices are described herein and established by the City’s “Below Market
Rate Housing Standards” and the “Below Market Rate Rental Housing Guidelines” published
by the City’s Community Development Department.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
2
E. Pursuant to the Inclusionary Housing Ordinance and the Below Market Rate
Housing Standards, the Owner is required maintain the affordability of the Affordable Unit for a
period of fifty-five (55) years from the date of the issuance of the occupancy permit for the
Affordable Unit (the "Affordability Period"). To ensure continued affordability and in
accordance with Government Code Section 27281.5, this Agreement will be recorded against the
Property with the Clerk-Recorder of the County of San Luis Obispo.
F. Owner acknowledges and agrees that the Project Approvals provided adequate and
proper notice pursuant to Government Code Section 66020 of Owner's right to protest any
requirements for fees, dedications, reservations, and other exactions as may be included in this
Agreement, that no protest in compliance with Section 66020 was made within ninety (90) days
of the date that notice was given, and that the period has expired in which Owner may protest any
and all fees, dedications, reservations, and other exactions as may be included in this Agreement.
AGREEMENT
NOW, THEREFORE, the Parties agree and acknowledge that the above recitals are true
and accurate, and are incorporated into this Agreement by this reference, and the Parties mutually
acknowledge and agree as follows:
ARTICLE 1.
DEFINITIONS AND EXHIBITS
Section 1.1. Recitals. The recitals set forth above are true and correct and incorporated
herein as if set forth in full.
Section 1.2. Definitions. In addition to terms defined elsewhere in this Agreement, the
following terms have the following meanings in this Agreement:
(a) “Administrator” means Below Market Rate Program Administrator which
may either be the City itself or a third-party administrator acting as an agent for the City in
connection with all aspects of the operation of the City's Below Market Rate program pursuant to
an Agreement entered into between the City and the Administrator, as such Agreement may be
amended or replaced from time to time.
(b) "Affordable Rent" means the maximum total of monthly payments by the
Tenant of an Affordable Unit, which is to be calculated in accordance with the formula provided
in the City of San Luis Obispo Below Market Rate Housing Standards.
(c) “Affordable Units” means the Units which are required by this Agreement
to be rented to Eligible Households at an Affordable Rent.
(d) “Area Median Income” shall mean the median gross yearly income
adjusted for assumed Household Size, in San Luis Obispo County, California, as published and
periodically updated by the State Department of Housing and Community Development (HCD),
or in the event that such income determinations are no longer published or are not updated for a
period of at least eighteen (18) months, the median gross yearly income adjusted for assumed
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Household Size, in San Luis Obispo County, California as published and periodically updated by
the Department of Housing and Urban Development (HUD).
(e) "Director" means the Community Development Director of the City or the
Director’s assignee.
(f) "Eligible Household" means a household which has been determined by
the Administrator or other agency designated by the Director to be eligible to rent an Affordable
Unit as a Low- or Moderate- Income Household, in compliance with the Below Market Rate
Housing Standards and this Agreement.
(g) "Eligibility Screening" is defined as the process of determining eligibility
in accordance with the City’s Below Market Rate Housing Standards and Below Market Rate
Rental Housing Guidelines.
(g) "Household Income" means the combined gross, pre-tax income of all
adult occupants of the applicant household.
(h) "Household Size" shall mean the actual number of persons residing within
the applicable household.
(i) "Income Certification" means a Tenant’s initial income
certification/certificate of resident eligibility, and includes all sources used in verifying income
and assets (including, but not limited to, third party verification, checking and savings accounts,
pay stubs, verification of assets, etc.).
(j) "Low Income Household - " is defined in the City of San Luis Obispo's
Below Market Rate Housing Standards and means a household with a Household Income that does
not exceed 80% of the Area Median Income.
(k) "Moderate Income Household - " is defined in the City of San Luis
Obispo's Below Market Rate Housing Standards and means a household with a Household Income
that does not exceed 120% of the Area Median Income.
(l) “Marketing” or “Market” is defined as a service in which the Owner or
Administrator will Market the vacancy of a new and/or existing Affordable Unit(s). Marketing
may utilize social media and in-person outreach as well as the listing of the Affordable Unit on the
Administrator’s website.
(m) “Opportunity Drawing” is defined as the process in which interested
households are put into an interest list for a specific Affordable Unit that is being marketed. This
list is ordered based on the preferences set forth in the City’s Below Market Rate Rental Housing
Guidelines, in the order that the Eligible Household applied for the Affordable Unit, and then
randomized thereafter.
(n) "Tenant" is a household occupying an Affordable Unit pursuant to a valid
lease with the Owner.
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(o) "Term" shall mean the term of this Agreement, which shall be in effect for
a fifty-five (55) year period from the date that a certificate of occupancy is issued for the last
Affordable Unit to be completed.
Section 1.3. Exhibits. The following exhibits are attached to this Agreement:
Exhibit A Legal Description of the Property
Exhibit B Map Showing Location of Affordable Units and Schedule of Affordable
Units.
ARTICLE 2.
CONSTRUCTION OF PROJECT AND AFFORDABLE UNITS
Section 2.1. Construction of Affordable Units. The Parties have agreed that the Owner
shall construct and make available one unit as Affordable Units in the Project on the Property for
the duration of the Term.
Section 2.2. Design and Appearance of Affordable Units. The Owner agrees to provide
the Affordable Units with a bedroom count mix of one studio unit in the location shown and
described on Exhibit B during the Term, in conformance with the rental prices and income limits
established by the Below Market Rate Housing Standards. If, after recordation of this Agreement,
the Owner proposes to change the bedroom size or affordability level of any Affordable Units
within the Project, the Owner shall submit a written request to amend this Agreement for such
change to the Director, who shall have sole discretion to approve or deny such request
(amendments shall comply with Section of 5.8 of this Agreement). Tenants in all Affordable Units
shall have equal access to and enjoyment of all common facilities of the Project.
Section 2.3. Construction Timing. The Affordable Units shall be constructed in
proportion to construction of the other units in the Project pursuant to the schedule in Exhibit B.
No certificates of occupancy or final inspections shall be issued for any units in the Project unless
a proportional number (generally one certificate of occupancy for an Affordable Unit for each 50
other units issued certificates of occupancy) of certificates of occupancy or final inspections have
been issued for Affordable Units unless an alternate phasing plan has been approved as part of the
Project approvals.
ARTICLE 3.
RENTAL AND REGULATORY PROVISIONS
Section 3.1. Affordability and Occupancy Covenants. The Owner agrees to rent to and
restrict occupancy of the Affordable Units to Eligible Households earning not more than the
income levels which are set forth in City’s Below Market Rate Housing Standards and as more
particularly described in Exhibit B. The Affordable Units shall be used exclusively for rental
housing for the Term. The Affordable Units shall not be kept vacant or used for any purpose
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except for residential use and shall be offered for rent only to Eligible Households at Affordable
Rents in compliance with Exhibit B.
(a) Schedule of Affordable Rents. The City has provided the Owner with a
schedule of Affordable Rents for the Affordable Units in effect on the date of this Agreement.
Affordable Rents may be adjusted annually in accordance with the rent limits set forth in the City’s
Below Market Rate Housing Standards. The Owner shall not charge any fee other than rent
inclusive of cost of utilities (utilities are limited to: water, sewer, electricity, gas, garbage,
recycling, and green waste) to any Tenant of Affordable Units for any housing or other services
provided by Owner.
(b) In the event a Tenant’s income exceeds the qualifying income for the
Affordable Unit, Owner shall not be entitled to any rent in excess of the Affordable Rent for the
Affordable Unit. If, upon recertification of a Tenant's income, the Owner and the City’s Below
Market Rate Administrator determine that the Tenant's income has increased and exceeds the
qualifying income for the Affordable Unit’s designated household income threshold, then Owner
shall serve or cause to be served upon the Tenant a ninety (90) day written notice to vacate the
Unit upon discovery that the Tenant’s income exceeds the qualifying income for the Affordable
Unit, if the Tenant is on a month-to-month tenancy. If the over-income Tenant has a fixed-term
lease, the Owner shall serve a written notice at least 90 days prior to the termination of the fixed-
term lease that the tenancy will not be renewed and will automatically terminate upon expiration,
except that if the Owner discovers that the Tenant’s income exceeds the qualifying income less
than 90 days prior to the termination of the fixed-term lease, the Owner shall serve a 90 day written
notice to vacate the unit.
Section 3.2. Services by Administrator . In order to maintain compliance with the City’s
Below Market Rate Housing Program and reporting requirements, the Owner shall utilize the City’s
Administrator or other agency designated by the Director. The Administrator’s services include but
are not limited to marketing of available unit(s), Eligibility Screening, selection of applicants
through an Opportunity Drawing, and re-certifications. Utilization of these services may subject
Owner to additional fees.
Section 3.3. Agreement to Limitation on Rents. The Owner covenants that it has agreed
to limit Rents under Civil Code Sections 1954.52(b) and 1954.53(a)(2), as provided in this
Agreement, in consideration for the Project approved by the City and proposed by the Owner. The
Owner hereby covenants that the certain provisions of Civil Code Section 1954.51 et seq. (the
"Costa-Hawkins Act") do not apply. The Owner hereby covenants that any Affordable Units
provided pursuant to this Agreement are not subject to Civil Code Section 1954.52(a) or any other
provision of the Costa-Hawkins Act inconsistent with controls on rents. The Owner further
covenants that this Agreement complies with all federal, State, and City laws and ordinances and
that the terms of this Agreement are fully enforceable.
Section 3.4. Income Certification. Prior to Owner entering into a lease with a prospective
Tenant of an Affordable Unit, the prospective Tenant’s household shall be certified as an Eligible
Household by the Administrator of the City of San Luis Obispo or other agency designated by the
Director.
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(a) The Owner will obtain, complete and maintain on file, immediately prior to
initial occupancy and annually thereafter, income certifications for each Tenant renting any of the
Affordable Units. Owner shall obtain written certification by the Administrator or other agency
designated by the Director that the Affordable Units are being occupied by Eligible Households in
compliance with the terms of this Agreement.
(b) Income certifications and re-certifications shall be conducted by the Below
Market Rate Administrator or other agency designated by the Director. Upon request, the Owner
may certify or re-certify the annual income of Tenants on their own, a representative of the Owner
shall attend a workshop or training session hosted by the Administrator. These workshops and
trainings may have associated costs. Should the Owner wish to perform the certifications or
recertifications, the process will be subject to review by the Administrator. The Owner shall not
self-select residents nor conduct initial eligibility screenings.
Section 3.5. Reports to City. The Owner shall submit to the Administrator on or before
July 31st of each year, or at other such interval as mutually agreed by the Parties, and at any other
time at request by the City and upon five (5) business days’ notice to Owner, a report in a form
acceptable to the City to enable the City to verify that the Affordable Units are being occupied by
Eligible Households in compliance with the terms of this Agreement. At a minimum, information
to be submitted shall include:
(a) Certifications of eligibility for all Tenants of Affordable Units at the time
of initial occupancy. Such certification shall include verified income statements and number of
persons in each Affordable Unit.
(b) Certification of the amount of rent charged for the year for all Affordable
Units.
(c) Other information reasonably required by the City and Administrator.
Section 3.6. Inspections. The City reserves the right to inspect the Affordable Units
upon reasonable notice to the Owner to ensure that the Affordable Units are being maintained,
operated, and used consistent with this Agreement and applicable federal, state and local codes.
The Owner agrees to correct all conditions found by such inspections not to conform to the
applicable requirements within ninety (90) days of delivery of written notice from the City, or such
period as necessary to correct the violations as determined by the Director, provided that
corrections are commenced within ninety (90) days and prosecuted diligently to completion.
Failure to maintain the Affordable Units as required by this Agreement or to correct such
conditions shall be a Default, as defined below.
Section 3.7. Management Responsibilities. The Owner is responsible for all
management functions with respect to the Project, including, without limitation, evictions,
collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs,
replacement of capital items, and security. The City shall have no responsibility over management
of the Project.
Section 3.8. Property Maintenance. The City places prime importance on quality
maintenance to ensure that all developments within the City which include Affordable Units are
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not allowed to deteriorate due to below-average maintenance. The Owner shall provide the
Affordable Units with the same level and quality of maintenance, including performance of repairs
and periodic replacement of fixtures as the other units in the Project. The Owner agrees that it or
its agents will maintain all interior and exterior improvements, including landscaping, on the
Property in good condition and repair (and, as to landscaping, in a healthy condition) and in
accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state,
county, municipal, and other governmental agencies and bodies having or claiming jurisdiction
and all their respective departments, bureaus, and officials.
Section 3.9. Taxes and Assessments. The Owner shall pay all real and personal property
taxes, assessments, if any, and charges and all franchise, income, employment, old age benefit,
withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such
manner as to prevent any penalty from accruing, or any lien or charge from attaching to the
Property; provided, however, that the Owner shall have the right to contest in good faith, any such
taxes, assessments, or charges. In the event the Owner exercises its right to contest any tax,
assessment, or charge against it, the Owner, on final determination of the proceeding or contest,
shall immediately pay or discharge any decision or judgment rendered against it, together with all
costs, charges and interest.
Section 3.10. Laws and Regulations. The Owner acknowledges that Owner is familiar
with and will comply with all local and State laws and regulations that pertain to construction,
health and safety, labor (including payment of prevailing wages if applicable), fair housing
practices, equal opportunity and all other matters applicable to maintaining sound, safe and
affordable rental housing.
Section 3.11. Residential Use. None of the Affordable Units in the Project will at any
time be utilized on a transient basis or will ever be used as a hotel, motel, homestay, dormitory,
fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court
or park, nor shall the Affordable Units be used as a place of business except as may otherwise be
allowed by applicable law.
Section 3.12. Nondiscrimination. All of the Affordable Units shall be available for
occupancy on a continuous basis to members of the general public who are income eligible. There
shall be no discrimination against or segregation of any person or group of persons, on account of
race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, familial status, sex, gender, gender identity, gender
expression, age, sexual orientation, source of income, or veteran or military status in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of any Affordable Unit, nor shall
Owner or any person claiming under or through the Owner, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location, number, use,
or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Affordable Unit or in
connection with the employment of persons for the operation and management of the Project.
Section 3.13. Housing Voucher Holders. The Owner shall accept as tenants, on the same
basis as all other prospective tenants, persons who are recipients of certificates for rent subsidies
pursuant to the existing housing program under Section 8 of the United States Housing Act, or its
successor, or any other program in which lawful, verifiable income is paid to a tenant or to a
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housing provider on behalf of a Tenant. The Owner shall not apply selection criteria to holders of
Section 8 certificate or similar certificates or vouchers that is more burdensome than criteria
applied to all other prospective tenants, nor shall the Owner apply or permit the application of
management policies or lease provisions with respect to the Project which have the effect of
precluding occupancy of units by such prospective tenants.
Section 3.14. Notice of Expiration of Term. At least six (6) months prior to the expiration
of the Term, Owner shall provide by first-class mail, postage prepaid, a notice to all Tenants of the
Affordable Units containing (a) the anticipated date of the expiration of the Term, (b) any
anticipated increase in Rent upon the expiration of the Term, and (c) a statement that a copy of
such notice will be sent to City. The Owner shall also file a copy of the above-described notices
with City.
ARTICLE 4.
ENFORCEMENT
Section 4.1. Covenants Running with the Land. The requirements of this Agreement
shall be covenants running with the land as defined in California Civil Code Section 1460 and
shall apply to the Property. Pursuant to Civil Code Section 1468, which governs such covenants,
the provisions of this Agreement shall be binding upon all Parties having any right, title, or interest
in the Property, or any portion thereof and on their heirs, successors in interest and assigns for the
Term. The Parties agree that all future deeds or transfers of interest regarding the Property shall
show the restrictions of this Agreement for the Term.
Section 4.2. Default. Failure of the Owner to satisfy any of Owner's obligations under
the terms of this Agreement within ninety (90) days after the delivery of a notice of default from
the City will constitute a default under this Agreement ("Default"). In addition to remedies for
breach of this Agreement, the City may exercise any and all remedies available to it under the
Municipal Code or other any other provision of law or equity, including but not limited to:
(a) withholding, conditioning, suspending or revoking any Project Approvals,
including without limitation final inspections for occupancy and/or the issuance of certificates of
occupancy;
(b) instituting against the Owner, or other parties, a civil action for declaratory
relief, injunction or any other equitable relief, or relief at law, including without limitation an
action to rescind a transaction and/or to require repayment of any funds received in connection
with such a violation;
(c) where one or more persons have received financial benefit as a result of
violation of this Agreement, the City may assess, and institute legal action to recover as necessary,
a penalty in any amount up to and including the amount of financial benefit received, in addition
to recovery of the benefit received; and
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(d) requiring the Owner or his/her successors in interest to the Property to pay
the City rent or any other payment received by the Owner for the Affordable Unit from the date of
any unauthorized use of the Affordable Unit or in excess of the applicable Affordable Rent.
Section 4.3. Protest. Owner acknowledges and agrees that the Project Approvals
referenced in the Recitals, which are incorporated herein, provided adequate and proper notice
pursuant to Government Code Section 66020 of Owner's right to protest any requirements for fees,
dedications, reservations, and other exactions as may be included in this Agreement, that no protest
in compliance with Section 66020 was made within ninety (90) days of the date that notice was
given, and that the period has expired in which Owner may protest any and all fees, dedications,
reservations, and other exactions as may be included in this Agreement.
Section 4.4. Attorney's Fees and Costs. If either Party takes or commences any actions
or proceedings, including litigation or arbitration, against the other by reason of any breach or
claimed breach of any provision of, or in any way connected with, this Agreement, or seeks a
judicial declaration of rights under this Agreement, the Party prevailing in such action or
proceeding shall be entitled to recover from the other Party the prevailing Party's reasonable
attorney's fees and costs, including, but not limited to, all expert witness fees, other witness fees
and associated expenses, whether or not the proceeding or action proceeds to judgment.
ARTICLE 5.
GENERAL PROVISIONS
Section 5.1. Appointment of Other Agencies. At its sole discretion, the City may
designate, appoint or contract with any other public agency, for-profit or non-profit organization
to perform some or all of the City's obligations under this Agreement.
Section 5.2. Records. The Owner shall retain all records related to compliance with
obligations under this Agreement for a period not less than five (5) years from the date of
origination of such records and make the records available to City employees or others designated
by the City for inspection and copying upon five (5) business days' written notice. The City shall
be entitled to monitor compliance with this Agreement and the Owner shall cooperate with City
monitoring, including obtaining Tenant Affordable Rent and Household Income verification upon
request of the City.
Section 5.3. Hold Harmless. Except for the sole negligence of the City, Owner shall
defend, indemnify and hold harmless (without limit as to amount) City and its elected officials,
officers, employees, agents, their successors and assignees (the “City Indemnitees”) , and any of
them, from and against all loss, all risk of loss and all damage (including expenses and attorney's
fees) sustained or incurred because of or by reason of any and all claims, demands, suits, actions,
judgments or executions for damages of any and every kind and by whomever and whenever made
or obtained, allegedly caused by, arising out of or relating in any manner to the Project, the
Affordable Units, or Owner's performance or non-performance under this Agreement, including
claims pursuant to California Labor Code Section 1720 et seq.. In the event City Indemnitees are
made a party to any action, lawsuit or other adversarial proceeding arising from Owner’s
performance of this Agreement, Owner shall provide a defense to the City Indemnitees or at the
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City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal
fees, incurred in defense of such claims. The provisions of this Section shall survive expiration or
other termination of this Agreement or any release of part or all of the Property from the burdens
of this Agreement, and the provisions of this Section shall remain in full force and effect.
Section 5.4. Notices. All notices required pursuant to this Agreement shall be in writing
and may be given by personal delivery or by registered or certified mail, return receipt requested,
to the Party to receive such notice at the addressed set forth below:
TO THE CITY:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
WITH COPY TO:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: City Attorney
TO THE OWNER:
Laurel Creek, LP
505 Bath Street
Santa Barbara, CA 93101
Attn: _________________
Any notice shall be deemed delivered on the first business day that delivery is attempted or upon
receipt, whichever is sooner. As used herein, "business day" means any day other than a Saturday,
Sunday, or any state or federal holiday on which financial institutions in San Luis Obispo County
are authorized or required to close for observance thereof. Any Party may change the address to
which notices are to be sent by notifying the other Parties of the new address, in the manner set
forth above.
Section 5.5. Transfers. For purposes of this Agreement, "Transfer" means any sale,
assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under the
Agreement; and/or (ii) any interest in the Project, including (but not limited to) a fee simple
interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security
interest, or an interest evidenced by a land contract by which possession of the Project is transferred
and Owner retains title. The term "Transfer" excludes the leasing of any single unit in the Project
to an occupant in compliance with this Agreement.
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(a) Future Transfers of the Property shall ensure that the Transfer does not
affect the timing and/or number of Affordable Units provided within the Project and as described
by this Agreement.
(b) In the event of a proposed Transfer by Owner, Owner agrees to provide City
at least thirty days written notice of such proposed assignment prior to the proposed transfer and
shall provide satisfactory evidence that the assignee will assume in writing, through an assignment
and assumption agreement, all obligations of Owner under this Agreement. Notwithstanding the
foregoing: (i) the terms, covenants and conditions of this Agreement shall be binding upon any
transferee whether or not such an assignment and assumption agreement is signed by the assignee;
and (ii) no such transfer shall relieve the Owner (“Transferor”) of any obligations under this
Agreement.
(c) For all proposed Transfers, Owner shall provide to City an assignment and
assumption agreement a form reasonably satisfactory to the City Attorney.
(d) All of the terms, covenants and conditions of this Agreement shall inure to
the benefit of the City and its successors and assigns and shall be binding upon the Owner and any
successors in interest to Owner’s interest in this Agreement, the Project or the Property or any part
thereof. The covenants shall run in favor of the City and its successors and assigns for the entire
period of the Term. The City and its successor and assigns, in the event of any breach of any such
covenants, shall have the right to exercise all of the rights and remedies, and to maintain any
actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.
Whenever the term “Owner” is used in this Agreement, such term shall include any other
successors and assigns as herein provided.
Section 5.6. Integrated Agreement. This Agreement sets forth the full and entire
understanding of the Parties regarding the matter set forth herein. Any other prior or existing
understandings or agreements by the Parties, whether formal or informal, regarding any matters
addressed within this Agreement are hereby superseded or terminated in their entirety.
Section 5.7. Each Party's Role in Drafting the Agreement. Each Party to this Agreement
has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning
of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely
upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the
Agreement.
Section 5.8. Amendment of Agreement. No changes, amendments, or alterations to this
Agreement shall be effective unless in writing and signed by all Parties hereto. Major amendments
to this Agreement shall be subject to the review and approval of the decision-making body which
approved the Project Approvals. Minor amendments to this Agreement may be approved by the
Director. Upon approval, a new Agreement containing the amendments shall be executed and
recorded.
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Section 5.9. Applicable Law. This Agreement shall be governed by California law.
Venue shall be the County of San Luis Obispo.
Section 5.10. Waivers. Any waiver by the City of any obligation or condition in this
Agreement must be in writing. No waiver will be implied from any delay or failure by the City to
take action on any breach or default of Owner or to pursue any remedy allowed under this
Agreement or applicable law. Any extension of time granted to Owner to perform any obligation
under this Agreement shall not operate as a waiver or release from any of its obligations under this
Agreement. Consent by the City to any act or omission by Owner shall not be construed to be a
consent to any other or subsequent act or omission or to waive the requirement for the City's written
consent to future waivers.
Section 5.11. Title of Parts and Sections. Any titles of the sections, subsections, or
subparagraphs of this Agreement are inserted for convenience of reference only and shall be
disregarded in interpreting any part of the Agreement's provisions.
Section 5.12. Multiple Originals; Counterpart. This Agreement may be executed in
multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
Section 5.13. Recording of Agreement. This Agreement shall be recorded against the
Property in the Official Records of the County of San Luis Obispo prior to the recordation of any
parcel map or final subdivision map or issuance of any building permit for the Project, whichever
occurs first, unless an alternate phasing plan has been approved as part of the Project Approvals.
Section 5.14. Severability. In the event any limitation, condition, restriction, covenant, or
provision contained in this Agreement is to be held invalid, void or unenforceable by any court of
competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain
in full force and effect.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the
day and year first above written.
OWNER:
Laurel Creek LP, a California limited partnership
By: 1160 Laurel Lane, LLC, a Delaware limited liability company,
its General Partner
By:____________________________
Patrick N. Smith, Manager
CITY:
City of San Luis Obispo, a California charter city and municipal corporation
By: ________________________
Timothea “Timmi” Tway, Community Development Director
APPROVED AS TO FORM AND LEGAL EFFECT:
By:____________________
Christine Dietrick, City Attorney
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Seal Above)
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
1808\03\1835187.4
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Seal Above)
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
1808\03\1835187.4 A-1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL A:
(Parcel 1 of SLO AL 22-0011 – Doc. #2022-032524)
Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19-0114, in the City of San Luis Obispo, County
of San Luis Obispo, State of California, according to map recorded November 25, 2020 in Book 82, Page
82 of Parcel Maps, filed in the office of the County Recorder of said County, lying southerly and
southwesterly of the following described line:
Beginning at the southeasterly corner of said Parcel 2, being a point in the westerly right of way line of
Laurel Lane, 81.00 feet wide, as shown on said map; thence along the southerly line of said Parcel 2, North
57°16’14” West 337.08 feet, to an angle point on said line; thence South 48°53’54” West 51.39 feet to a
point on said line; thence leaving said line, North 57°36’19” West 28.10 feet; thence North 12°17’31” West
24.98 feet; thence North 57°12’35” West 168.58 feet; thence North 32°42’19” East 50.90 feet; thence North
57°17’41” West 290.55 feet; thence South 32°42’19” West 16.63 feet; thence North 57°17’41” West 275.64
feet, more or less, to a point on the westerly line of said Parcel 1, distant South 41°13’29” West 117.83 feet
from the most northerly corner of said Parcel 1 as shown on said map.
PARCEL A-1:
Non-exclusive easements for access, parking and utilities and incidental rights thereto as set forth in that
certain document entitled, "Reciprocal Easement Agreement and Declaration of Covenants, Conditions and
Restrictions" recorded on November 25, 2020 as instrument no. 2020-69315, San Luis Obispo County
Official Records.
004-962-042 (Parcel 1 of SLO AL 22-0011 – Doc. #2022-032524)
1808\03\1835187.4 A-2
Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19-0114, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to map recorded November 25, 2020 in Book
82, Page 82 of Parcel Maps, filed in the office of the County Recorder of said County, lying southerly and
southwesterly of the following described line:
Beginning at the southeasterly corner of said Parcel 2, being a point in the westerly right of way line of
Laurel Lane, 81.00 feet wide, as shown on said map; thence along the southerly line of said Parcel 2,
North 57°16’14” West 337.08 feet, to an angle point on said line; thence South 48°53’54” West 51.39
feet to a point on said line; thence leaving said line, North 57°36’19” West 28.10 feet; thence North
12°17’31” West 24.98 feet; thence North 57°12’35” West 168.58 feet; thence North 32°42’19” East 50.90
feet; thence North 57°17’41” West 290.55 feet; thence South 32°42’19” West 16.63 feet; thence North
57°17’41” West 275.64 feet, more or less, to a point on the westerly line of said Parcel 1, distant South
41°13’29” West 117.83 feet from the most northerly corner of said Parcel 1 as shown on said map.
PARCEL A-1:
Non-exclusive easements for access, parking and utilities and incidental rights thereto as set forth in that
certain document entitled, "Reciprocal Easement Agreement and Declaration of Covenants, Conditions
and Restrictions" recorded on November 25, 2020 as instrument no. 2020-69315, San Luis Obispo County
Official Records.
Portion of 004-962-034 and Portion of 004-962-035
1808\03\1835187.4 B-1
EXHIBIT B
MAP SHOWING LOCATION OF AFFORDABLE UNITS AND SCHEDULE OF
AFFORDABLE UNITS
Unit Number Square Footage Bedroom Count Affordability
109 Studio Moderate
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Commented [GO1]: Provide Map of Unit and Complete Table
Formatted: Not Highlight
1
From:Nichols, Vanessa
Sent:Tuesday, August 29, 2023 10:25 AM
To:Travis Dunn
Cc:Chuck Braff; Don Gross
Subject:RE: Laurel Creek 2" Existing Irrigation Meter
Attachments:Invoice - Water Meter 1150 Laurel Lane.pdf
Hi,
Attached is the invoice with the fee for the new water meter. The invoice can be paid online by following this link
https://infoslo.slocity.org/EnerGov_Prod/selfservice#/home and clicking on Pay Invoices on the top menu bar or a check can be
drop by the office during open office hours. Please let me know when the fees have been paid and I will forward the water
meter work order and the revised plan sheet.
Let me know if you have any questions.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Tuesday, August 29, 2023 9:21 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Please see attached response letter from Ashley & Vance Engineering. I just spoke with Evan Dahl there and he mentioned that
he forwarded the plans as well.
Please confirm this is what you are looking for.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
2
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Tuesday, August 29, 2023 9:06 AM
To: Travis Dunn <travis@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Yes, I need for you to provide me with the documentation you provided Kyle and he approved. I need this
documentation to process permit issuance. Was trying to see if I could track it down in email chain but was
unsuccessful.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
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From: Travis Dunn <travis@westpacinv.com>
Sent: Tuesday, August 29, 2023 9:01 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi Vanessa,
It looks like the comment has been addressed and can be cleared per Kyle Anderson. Is there anything else that we need to do
to clear this and get this meter approved and installed?
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Thursday, August 24, 2023 4:48 PM
To: Travis Dunn <travis@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi,
3
Utilities had a comment to address, which is attached. Once you have addressed the comments, please resubmit the
plan to both myself and Kyle as he directed. Let me know if you have any questions.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
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From: Travis Dunn <travis@westpacinv.com>
Sent: Thursday, August 24, 2023 12:58 PM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi Vanessa,
Can you please provide me with the status of the 2” water meter?
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Travis Dunn
Sent: Tuesday, August 22, 2023 2:07 PM
To: 'Nichols, Vanessa' <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi Vanessa,
Thank you for the email and follow up. Have you heard anything back on this yet?
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
4
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Monday, August 21, 2023 4:35 PM
To: Travis Dunn <travis@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi,
We had some staff out of the office. I just emailed and asked that this be looked asap. I will get you an update
tomorrow.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
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From: Travis Dunn <travis@westpacinv.com>
Sent: Monday, August 21, 2023 9:13 AM
To: Nichols, Vanessa <vnichols@slocity.org>; building <building@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Good morning, Vanessa,
I am emailing you to get an update on the 2” water meter revisions. This was planned to be completed at the beginning of last
week. Can you please give me an update on the status of this. This item is critical to our water usage as we are not able to water
all of our landscaping at this time without the new meter.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Thursday, August 10, 2023 4:59 PM
To: Ben Gulstad <bgulstad@arris-studio.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>;
evan@ashleyvance.com; Juan Alvarez <juan@ashleyvance.com>; Laura Dion <laura@arris-studio.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
5
Thank you for sending this over. I am getting this into the official revision processes. We can hopefully have this
figured out by the beginning of next week.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Ben Gulstad <bgulstad@arris-studio.com>
Sent: Thursday, August 10, 2023 10:51 AM
To: Travis Dunn <travis@westpacinv.com>; Nichols, Vanessa <vnichols@slocity.org>; building <building@slocity.org>;
evan@ashleyvance.com; Juan Alvarez <juan@ashleyvance.com>; Laura Dion <laura@arris-studio.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hello Vanessa,
We’ve made the plan revisions and completed the revision to permit form. Please see this link for both documents:
https://arris.egnyte.com/fl/VQHVJJh9WY
Please let us know if there is any other information you need.
Thank you!
Ben Gulstad | Arris Studio Architects
(805) 547-2240 ext 123 | bgulstad@arris-studio.com
From: Travis Dunn <travis@westpacinv.com>
Sent: Thursday, August 10, 2023 8:56 AM
To: Heather Wiebe <heather@arris-studio.com>; Ben Gulstad <bgulstad@arris-studio.com>
Subject: FW: Laurel Creek 2" Existing Irrigation Meter
Heather and Ben,
Is this form something that you can complete today and submit.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
6
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Thursday, August 10, 2023 8:43 AM
To: Travis Dunn <travis@westpacinv.com>; Evan Dahl <evan@ashleyvance.com>
Cc: Juan Alvarez <juan@ashleyvance.com>; Laurel Creek <laurel_creek@ashleyvance.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Good Morning,
They are reviewing and discussing the information you sent in the below email. They said they would get back to you
as soon as they could. I recommend moving forward with submitting me the revision (revision form and revised plan
sheets). Just email it directly to me and this way I can get in the process so they can provide the approval if it moves
that way or direction. Either way this step will need to happen and will save time to get it going. Let me know if you
have any questions.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Thursday, August 10, 2023 8:39 AM
To: Nichols, Vanessa <vnichols@slocity.org>; Evan Dahl <evan@ashleyvance.com>
Cc: Juan Alvarez <juan@ashleyvance.com>; Laurel Creek <laurel_creek@ashleyvance.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Morning Vanessa,
You were hoping to have feedback on the new 2” valve, were you able to get anything from Utilities?
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Wednesday, August 9, 2023 10:55 AM
To: Evan Dahl <evan@ashleyvance.com>
Cc: Travis Dunn <travis@westpacinv.com>; Juan Alvarez <juan@ashleyvance.com>; Laurel Creek
<laurel_creek@ashleyvance.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
7
Hi,
Yes, I forwarded this to Utilities for their input and approval. Hope to have feedback for you by the end of today.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Evan Dahl <evan@ashleyvance.com>
Sent: Wednesday, August 9, 2023 10:26 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Travis Dunn <travis@westpacinv.com>; Juan Alvarez <juan@ashleyvance.com>; Laurel Creek
<laurel_creek@ashleyvance.com>
Subject: Re: Laurel Creek 2" Existing Irrigation Meter
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Vanessa, the contractor is looking to do this work as soon as possible and we'd like to keep them moving, if you could provide
any feedback you might have soon it would be greatly appreciated. Thanks!
Evan Dahl
Ashley & Vance Engineering
Civil • Structural
119 N. Commercial Street #1505 | Bellingham, WA 98225
(360) 746-8020 x141
www.ashleyvance.com
On Tue, Aug 8, 2023 at 4:24 PM Evan Dahl <evan@ashleyvance.com> wrote:
Hi Vanessa, we've been coordinating with Travis Dunn on the existing 2" irrigation water meter on the Laurel Creek project. It
sounds like the City would like that meter to be replaced and relocated to the existing empty water meter vault in the
sidewalk.
It is our assumption that the current irrigation vault will remain. There's a 2nd water line in that vault that bypasses the
irrigation meter, does the City have any guidance on what should be done with that 2nd line?
Before we update the civil plans we wanted to send you this sketch to see if you had any comments for us. Thanks,
8
Evan Dahl
Ashley & Vance Engineering
Civil • Structural
119 N. Commercial Street #1505 | Bellingham, WA 98225
(360) 746-8020 x141
www.ashleyvance.com
INVOICE (00033141)
FOR CITY OF SAN LUIS OBISPO
BILLING CONTACT
Laurel Creek LP
505 Bath St
Santa Barbara, CA 93101
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
00033141 08/29/2023 09/28/2023 NONEDue
REFERENCE NUMBER FEE NAME TOTAL
BLDG-1885-2020 Meter Cost (2")$715.00
Meter Service: Install (1.5"-2")$272.64
$987.64 SUBTOTAL1150 Laurel Ln San Luis Obispo, CA 93401
TOTAL $987.64
Page 1 of 1August 29, 2023 City of San Luis Obispo
1
From:Cristi Fry <cristi@coast-inc.com>
Sent:Tuesday, August 29, 2023 1:03 PM
To:Symens, Sadie
Cc:Hanh, Hannah; Chuck Braff; Goode, Owen
Subject:Re: Affordable Housing Agreement - Laurel Creek
Attachments:20230821 - PTR Parcel 1.PDF
Hi Sadie,
There was a recent loan modification (8/10/23).
Sorry to do this, but please find attached an updated hyperlinked title report that will necessitate revised lender
Subordination Agreements for the 3 documents that will record concurrently with the Parcel Map (JUA,
Affordable Housing Agreement, and Notice of Requirements).
Please use the following format from the recent loan modification for the lender signature = Brad Shain,
Manager
Thanks for your patience,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
2
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-built
condition.
On Tue, Aug 22, 2023 at 4:27 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
My understanding is that the loan from CPIF California LLC affects “Parcel 1,” which is now being
subdivided into Parcels 1-9 (the affordable unit being in new Parcel 7), so at least as to the Subordination
Agreement, it will refer to the entirety of the former “Parcel 1.”
We need the name and title of the person who will be signing on behalf of lender. Can you please contact
them for this information? We cannot fill it in later or upon execution.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
City Attorney's Office
E ssymens@slocity.org
slocity.org
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The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client
privilege and/or represents confidential attorney work product. Recipients should not file copies of
this email with publicly accessible records. If you are not the designated addressee named above
or the authorized agent responsible for delivering it to the designated addressee, you received this
document through inadvertent error and any further review, dissemination, distribution or copying
of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER
NAMED ABOVE AT (805) 781-7140. Thank you.
3
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 22, 2023 4:06 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Goode, Owen <ogoode@slocity.org>; Symens, Sadie
<ssymens@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hannah,
Thank you!
Lender Information - name and title is typically printed in by the signator.
Shouldn't the legal description only encumber the airspace parcel the designated affordable unit is located in
(Parcel 7) and not all 9 parcels?
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
4
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
On Tue, Aug 22, 2023 at 2:51 PM Hanh, Hannah <hhanh@slocity.org> wrote:
Chuck and Cristi,
Please coordinate with me on these agreements since Owen is out of the office. See attached for the
revised agreements. I made edits based on the information provided. There are just a few minor
outstanding items highlighted below.
Affordable Housing Agreement
Latest edits
o Unit 109 is now identified as the affordable unit.
o The legal description has been updated to match the legal description provided in the
06/08/2023 preliminary title report. The referenced APN now matches with the APN provided
by Cristi.
o 1160 Laurel, LLC and Patrick Smith are now identified in the owner signature.
o Table for ‘Exhibit B’ is now partially completed.
Outstanding information
o Provide a clean floor plan that identifies the affordable unit, including the square footage. This
will be included as ‘Exhibit B’ in the agreement. Please make sure all information is legible as
the Clerk will reject any exhibits that are illegible.
Subordination Agreement
Latest edits
o 1160 Laurel, LLC and Patrick Smith are now identified in the owner signature.
o The legal description has been updated to match the legal description provided in the
06/08/2023 preliminary title report. The referenced APN now matches with the APN provided
by Cristi.
Outstanding information
5
o Please identify who will be signing for CPIF California, LLC. The exact contact is required.
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
T 805.781.7432
slocity.org
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From: Hanh, Hannah
Sent: Friday, August 18, 2023 12:46 PM
To: Chuck Braff <chuck@westpacinv.com>; Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie <SSymens@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Since Owen is out of the office, let me speak to our Housing team next week about an alternative. Those
folks are out of the office today and Monday, so I will update you Tuesday, 08/22 on who to coordinate
with and wrap up the agreement.
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
6
T 805.781.7432
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From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, August 18, 2023 10:47 AM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah
<hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen is out of the office until the 5th of September. Is there someone else we can move this along with?
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:22 AM, Charles Braff <chuck@westpacinv.com> wrote:
Please see attached. We can get you a clean copy but this is the current addressing sheet I
received from Vanessa. Note unit 109 (top right corner).
<1150 Laurel Lane - Addressing 2 (dragged).pdf>
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:16 AM, Cristi Fry <cristi@coast-inc.com> wrote:
1. Chuck has confirmed that Unit 109 is the designated affordable apartment,
which is located within airspace Parcel 7. He also emailed an exhibit showing the
location.
7
2. The legal description for the Agreement should be:
Parcel 7 of Parcel Map SLO 21-0007 per map recorded in Book ___ of
Parcel Maps, at Page _____, on file in the office of the County Recorder,
San Luis Obispo County, California.
(The map book and page will be filled in by the recorder when it records
concurrently.)
3. Yes, that is format for Laurel Creek, LP signtures on the Affordable Housing
Agreement, the JUA, and the Notice of Requirements. We do not hardly ever know
who signs on behalf of the lender and leave it blank to fill in their name and title on
the Subordination Agreements.
Please get the final Affordable Housing Agreement and the Notice of
Requirements to me, and I will coordinate owner/lender Notarized signatures on
all 3 documents (including the JUA).
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
8
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or guarantees
are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Thu, Aug 17, 2023 at 5:23 PM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi, one follow up question,
Is the signature image you provided below for the affordability agreement?
Could you please confirm appropriate contacts for signatures for both Laurel
Creek, LP and the Beneficiary CPIF California, LLC, a California limited liability
company.
I’d like to mention that I will be out of office starting tomorrow until September
5, but these drafts are nearly ready. I’ve attached the drafts here and there is
just the minor outstanding information that is needed. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Thursday, August 17, 2023 5:13 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Symens, Sadie <SSymens@slocity.org>; Hanh, Hannah
9
<hhanh@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Could you please just send me an updated legal description, the proposed
affordable unit number, and a site plan/map identifying the affordable unit?
Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Thursday, August 17, 2023 4:13 PM
To: Goode, Owen <ogoode@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen,
Chuck will need to provide the unit number.
10
Attached are answers to the questions within the document (Comments say
made by Sarah Wells - because I am working from her old computer today....)
In addition, please fix the APN reference at the end of the document.
Parcel 1 was assigned a new APN after the LLA recorded, APN 004-962-042
(see attached)
Snip below from the 2022 LLA, shows signature format to use.
<image005.png>
Thank you!
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Thu, Aug 17, 2023 at 2:22 PM Goode, Owen <ogoode@slocity.org> wrote:
Good afternoon, Cristi,
11
Attached are drafts of the Rental Affordability Agreement for 1150 Laurel
Lane with the Subordination agreement. Please review the drafts and let us
know if you have any questions. I did add comments requesting confirmation
of the affordable unit (suite number and location), as well as requesting
confirmation on authorized signatories for both documents. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 3:33 PM
To: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah
<hhanh@slocity.org>; Goode, Owen <ogoode@slocity.org>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
If it helps, the owner's representative says there is a bond in place for the lien
with California Electric Supply.
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
12
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
---------- Forwarded message ---------
From: Jonathan Branoff <Jonathan@westpacinv.com>
Date: Tue, Aug 15, 2023 at 3:03 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Chuck Braff <chuck@westpacinv.com>,
Patrick Smith <psmith@westpacinv.com>
There is a bond in place for the lien with California Electric Supply
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:35 PM
To: Chuck Braff <chuck@westpacinv.com>; Patrick Smith
<psmith@westpacinv.com>; Jonathan Branoff <Jonathan@westpacinv.com>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
Has the mechanic's lien been resolved?
Cristi
Cristi E. Fry, PE, PLS
13
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
---------- Forwarded message ---------
From: Goode, Owen <ogoode@slocity.org>
Date: Tue, Aug 15, 2023 at 1:31 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Symens, Sadie <ssymens@slocity.org>
Hi Cristi,
I’m working on the affordable housing rental agreement right now for your
team. While affordable housing agreements do not require a lender’s
signature, lenders that record liens against the property will be required to
sign the subordination agreement. Sadie is helping me complete the
subordination agreement for this project. Can you please confirm if the
mechanic’s lien filed by California Electric Supply been resolved? This will
help Sadie with the completion of the subordination agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
14
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:27 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
I was going off that assumption, based on email from Kyle. I am coordinating
lender signatures now, so please let me know as soon as possible.
<image006.png>
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
15
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Tue, Aug 15, 2023 at 12:27 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
I’ve been working with Owen on a subordination agreement for the
affordable housing agreement, and I’m not sure I understand your statement
that the AHA does not need lender subordination; can you please explain
why?
Also, Owen may have already reached out about this, but do you know if the
mechanic’s lien filed by California Electric Supply been resolved?
Thank you,
Sadie
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 12:00 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: La Chaine, Steve <slachaine@slocity.org>; Chuck Braff
<chuck@westpacinv.com>; Stong, Nate <nstong@slocity.org>; Symens, Sadie
<ssymens@slocity.org>; Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hello Hannah,
We are still awaiting the Affordable Housing Agreement (which does not need
lender subordination). What is the ETA on the Affordable Housing Agreement?
16
Please confirm we are good to send the attached Joint Use Agreement (Sadie
has approved) and attached Notice of Requirements (Steve laChaine prepared)
for owner and lender signatures. These documents both need lender
subordination.
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Tue, Aug 8, 2023 at 2:54 PM Goode, Owen <ogoode@slocity.org> wrote:
This works thanks Steve. Cristi, please disregard my request. Thanks
everyone.
Best,
Owen Goode
17
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: La Chaine, Steve <slachaine@slocity.org>
Sent: Tuesday, August 8, 2023 2:51 PM
To: Goode, Owen <ogoode@slocity.org>; Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff
<chuck@westpacinv.com>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Check if links work on this one.
Steve
From: Goode, Owen <ogoode@slocity.org>
Sent: Tuesday, August 8, 2023 2:48 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff
<chuck@westpacinv.com>; La Chaine, Steve <slachaine@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Can we please receive a preliminary title report where the recorded
documents are linked for review so that we may draft the subordination
agreement appropriately? Thank you.
Best,
18
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Monday, August 7, 2023 11:15 AM
To: Goode, Owen <ogoode@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff
<chuck@westpacinv.com>; La Chaine, Steve <slachaine@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Owen,
thank you for the update
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
19
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such
data is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties
or guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Mon, Aug 7, 2023 at 10:47 AM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi,
I wanted to follow up with you to provide you a status update on your
affordability agreement for Laurel Creek Apartments. Our team has been
working to update our Affordable Housing Rental Agreement Templates
which is why we had been delayed in providing a draft. I am drafting the
subordination agreement for the project today and will complete the draft
rental agreement as soon as we hear back from our attorney’s office on
our current draft of the template. Please reach out to me directly if you
have any questions regarding your affordable housing rental agreement.
Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
20
From: Goode, Owen
Sent: Tuesday, July 11, 2023 1:45 PM
To: cristi@coast-inc.com
Cc: Hanh, Hannah <hhanh@slocity.org>
Subject: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
My name is Owen Goode and I’m an Assistant Planner for the Housing
Policies and Programs Team. I’ll be providing you with the affordable
housing rental agreement this week. Please reach out to me directly with
any affordable housing questions you may have as it pertains to your
project at Laurel Creek Apartments. Thank you.
Best,
Owen Goode
Assistant Planner
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
1
From:Cristi Fry <cristi@coast-inc.com>
Sent:Tuesday, August 29, 2023 11:57 AM
To:Hanh, Hannah
Cc:Symens, Sadie; Chuck Braff; Goode, Owen
Subject:Re: Affordable Housing Agreement - Laurel Creek
Attachments:Laurel.P1.Ease 05.pdf
Hi Hannah,
Order of recording would be defined - Parcel Map first and then the 3 concurrent documents.
It is the Recorder's duty to fill in. The blanks in the legal description for the parcel encumbered by the Affordable
Housing Agreement would be no different than the blanks to be filled in on the attached approved JUA.
Agree that the lender Subordinations should include the entire property legal description, but there is no reason
to encumber more than the servient airspace parcel with the Affordable Housing Agreement. It will cause
confusion in future, especially when commercial financing is being considered for several of the parcels.
Please modify the Affordable Housing Agreement Exhibit A to refer to Parcel 7:
Parcel 7 as shown on Parcel Map SLO 21-0007, filed for record on _____________________________, in
Book ___________ of Parcel Maps at Page __________, et seq., in the Official Records of the County of
San Luis Obispo, State of California.
Thank you,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-built
condition.
On Thu, Aug 24, 2023 at 1:24 PM Hanh, Hannah <hhanh@slocity.org> wrote:
Hi Cristi,
To follow-up on your question about the legal description –
2
The Affordable Housing Agreement would need to apply to the current legal description. While the airspace
map is in process, it is not yet recorded. Please note this agreement was also supposed to be recorded
prior to issuance of the initial building permit for the first 31 units, but was deferred to provide flexibility.
Let me know if you have any other questions,
Hannah
From: Symens, Sadie <ssymens@slocity.org>
Sent: Tuesday, August 22, 2023 4:27 PM
To: Cristi Fry <cristi@coast-inc.com>; Hanh, Hannah <hhanh@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Goode, Owen <ogoode@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
My understanding is that the loan from CPIF California LLC affects “Parcel 1,” which is now being
subdivided into Parcels 1-9 (the affordable unit being in new Parcel 7), so at least as to the Subordination
Agreement, it will refer to the entirety of the former “Parcel 1.”
We need the name and title of the person who will be signing on behalf of lender. Can you please contact
them for this information? We cannot fill it in later or upon execution.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
City Attorney's Office
E ssymens@slocity.org
slocity.org
3
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client
privilege and/or represents confidential attorney work product. Recipients should not file copies of
this email with publicly accessible records. If you are not the designated addressee named above
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document through inadvertent error and any further review, dissemination, distribution or copying
of this communication by you or anyone else is strictly prohibited. IF YOU RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER
NAMED ABOVE AT (805) 781-7140. Thank you.
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 22, 2023 4:06 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Goode, Owen <ogoode@slocity.org>; Symens, Sadie
<ssymens@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hannah,
Thank you!
Lender Information - name and title is typically printed in by the signator.
Shouldn't the legal description only encumber the airspace parcel the designated affordable unit is located in
(Parcel 7) and not all 9 parcels?
Cristi
4
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
On Tue, Aug 22, 2023 at 2:51 PM Hanh, Hannah <hhanh@slocity.org> wrote:
Chuck and Cristi,
Please coordinate with me on these agreements since Owen is out of the office. See attached for the
revised agreements. I made edits based on the information provided. There are just a few minor
outstanding items highlighted below.
Affordable Housing Agreement
Latest edits
o Unit 109 is now identified as the affordable unit.
o The legal description has been updated to match the legal description provided in the
06/08/2023 preliminary title report. The referenced APN now matches with the APN provided
by Cristi.
o 1160 Laurel, LLC and Patrick Smith are now identified in the owner signature.
o Table for ‘Exhibit B’ is now partially completed.
Outstanding information
o Provide a clean floor plan that identifies the affordable unit, including the square footage. This
will be included as ‘Exhibit B’ in the agreement. Please make sure all information is legible as
the Clerk will reject any exhibits that are illegible.
5
Subordination Agreement
Latest edits
o 1160 Laurel, LLC and Patrick Smith are now identified in the owner signature.
o The legal description has been updated to match the legal description provided in the
06/08/2023 preliminary title report. The referenced APN now matches with the APN provided
by Cristi.
Outstanding information
o Please identify who will be signing for CPIF California, LLC. The exact contact is required.
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
T 805.781.7432
slocity.org
Stay connected with the City by signing up for e-notifications
From: Hanh, Hannah
Sent: Friday, August 18, 2023 12:46 PM
To: Chuck Braff <chuck@westpacinv.com>; Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie <SSymens@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Since Owen is out of the office, let me speak to our Housing team next week about an alternative. Those
folks are out of the office today and Monday, so I will update you Tuesday, 08/22 on who to coordinate
with and wrap up the agreement.
6
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
T 805.781.7432
slocity.org
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, August 18, 2023 10:47 AM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah
<hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen is out of the office until the 5th of September. Is there someone else we can move this along with?
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:22 AM, Charles Braff <chuck@westpacinv.com> wrote:
Please see attached. We can get you a clean copy but this is the current addressing sheet I
received from Vanessa. Note unit 109 (top right corner).
<1150 Laurel Lane - Addressing 2 (dragged).pdf>
7
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:16 AM, Cristi Fry <cristi@coast-inc.com> wrote:
1. Chuck has confirmed that Unit 109 is the designated affordable apartment,
which is located within airspace Parcel 7. He also emailed an exhibit showing the
location.
2. The legal description for the Agreement should be:
Parcel 7 of Parcel Map SLO 21-0007 per map recorded in Book ___ of
Parcel Maps, at Page _____, on file in the office of the County Recorder,
San Luis Obispo County, California.
(The map book and page will be filled in by the recorder when it records
concurrently.)
3. Yes, that is format for Laurel Creek, LP signtures on the Affordable Housing
Agreement, the JUA, and the Notice of Requirements. We do not hardly ever know
who signs on behalf of the lender and leave it blank to fill in their name and title on
the Subordination Agreements.
Please get the final Affordable Housing Agreement and the Notice of
Requirements to me, and I will coordinate owner/lender Notarized signatures on
all 3 documents (including the JUA).
Thanks,
Cristi
8
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or guarantees
are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Thu, Aug 17, 2023 at 5:23 PM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi, one follow up question,
Is the signature image you provided below for the affordability agreement?
Could you please confirm appropriate contacts for signatures for both Laurel
Creek, LP and the Beneficiary CPIF California, LLC, a California limited liability
company.
I’d like to mention that I will be out of office starting tomorrow until September
5, but these drafts are nearly ready. I’ve attached the drafts here and there is
just the minor outstanding information that is needed. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
9
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Thursday, August 17, 2023 5:13 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Symens, Sadie <SSymens@slocity.org>; Hanh, Hannah
<hhanh@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Could you please just send me an updated legal description, the proposed
affordable unit number, and a site plan/map identifying the affordable unit?
Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Thursday, August 17, 2023 4:13 PM
10
To: Goode, Owen <ogoode@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen,
Chuck will need to provide the unit number.
Attached are answers to the questions within the document (Comments say
made by Sarah Wells - because I am working from her old computer today....)
In addition, please fix the APN reference at the end of the document.
Parcel 1 was assigned a new APN after the LLA recorded, APN 004-962-042
(see attached)
Snip below from the 2022 LLA, shows signature format to use.
<image005.png>
Thank you!
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
11
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Thu, Aug 17, 2023 at 2:22 PM Goode, Owen <ogoode@slocity.org> wrote:
Good afternoon, Cristi,
Attached are drafts of the Rental Affordability Agreement for 1150 Laurel
Lane with the Subordination agreement. Please review the drafts and let us
know if you have any questions. I did add comments requesting confirmation
of the affordable unit (suite number and location), as well as requesting
confirmation on authorized signatories for both documents. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 3:33 PM
To: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah
<hhanh@slocity.org>; Goode, Owen <ogoode@slocity.org>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
12
If it helps, the owner's representative says there is a bond in place for the lien
with California Electric Supply.
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
---------- Forwarded message ---------
From: Jonathan Branoff <Jonathan@westpacinv.com>
Date: Tue, Aug 15, 2023 at 3:03 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Chuck Braff <chuck@westpacinv.com>,
Patrick Smith <psmith@westpacinv.com>
There is a bond in place for the lien with California Electric Supply
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:35 PM
To: Chuck Braff <chuck@westpacinv.com>; Patrick Smith
<psmith@westpacinv.com>; Jonathan Branoff <Jonathan@westpacinv.com>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
13
Has the mechanic's lien been resolved?
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
---------- Forwarded message ---------
From: Goode, Owen <ogoode@slocity.org>
Date: Tue, Aug 15, 2023 at 1:31 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Symens, Sadie <ssymens@slocity.org>
Hi Cristi,
I’m working on the affordable housing rental agreement right now for your
team. While affordable housing agreements do not require a lender’s
signature, lenders that record liens against the property will be required to
sign the subordination agreement. Sadie is helping me complete the
subordination agreement for this project. Can you please confirm if the
14
mechanic’s lien filed by California Electric Supply been resolved? This will
help Sadie with the completion of the subordination agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:27 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
I was going off that assumption, based on email from Kyle. I am coordinating
lender signatures now, so please let me know as soon as possible.
<image006.png>
Cristi
15
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Tue, Aug 15, 2023 at 12:27 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
I’ve been working with Owen on a subordination agreement for the
affordable housing agreement, and I’m not sure I understand your statement
that the AHA does not need lender subordination; can you please explain
why?
Also, Owen may have already reached out about this, but do you know if the
mechanic’s lien filed by California Electric Supply been resolved?
Thank you,
Sadie
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 12:00 PM
To: Hanh, Hannah <hhanh@slocity.org>
16
Cc: La Chaine, Steve <slachaine@slocity.org>; Chuck Braff
<chuck@westpacinv.com>; Stong, Nate <nstong@slocity.org>; Symens, Sadie
<ssymens@slocity.org>; Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hello Hannah,
We are still awaiting the Affordable Housing Agreement (which does not need
lender subordination). What is the ETA on the Affordable Housing Agreement?
Please confirm we are good to send the attached Joint Use Agreement (Sadie
has approved) and attached Notice of Requirements (Steve laChaine prepared)
for owner and lender signatures. These documents both need lender
subordination.
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
17
On Tue, Aug 8, 2023 at 2:54 PM Goode, Owen <ogoode@slocity.org> wrote:
This works thanks Steve. Cristi, please disregard my request. Thanks
everyone.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: La Chaine, Steve <slachaine@slocity.org>
Sent: Tuesday, August 8, 2023 2:51 PM
To: Goode, Owen <ogoode@slocity.org>; Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff
<chuck@westpacinv.com>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Check if links work on this one.
Steve
From: Goode, Owen <ogoode@slocity.org>
Sent: Tuesday, August 8, 2023 2:48 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff
<chuck@westpacinv.com>; La Chaine, Steve <slachaine@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
18
Hi Cristi,
Can we please receive a preliminary title report where the recorded
documents are linked for review so that we may draft the subordination
agreement appropriately? Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Monday, August 7, 2023 11:15 AM
To: Goode, Owen <ogoode@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff
<chuck@westpacinv.com>; La Chaine, Steve <slachaine@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Owen,
thank you for the update
19
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such
data is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties
or guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Mon, Aug 7, 2023 at 10:47 AM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi,
I wanted to follow up with you to provide you a status update on your
affordability agreement for Laurel Creek Apartments. Our team has been
working to update our Affordable Housing Rental Agreement Templates
which is why we had been delayed in providing a draft. I am drafting the
subordination agreement for the project today and will complete the draft
rental agreement as soon as we hear back from our attorney’s office on
our current draft of the template. Please reach out to me directly if you
have any questions regarding your affordable housing rental agreement.
Thank you.
Best,
Owen Goode
20
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Tuesday, July 11, 2023 1:45 PM
To: cristi@coast-inc.com
Cc: Hanh, Hannah <hhanh@slocity.org>
Subject: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
My name is Owen Goode and I’m an Assistant Planner for the Housing
Policies and Programs Team. I’ll be providing you with the affordable
housing rental agreement this week. Please reach out to me directly with
any affordable housing questions you may have as it pertains to your
project at Laurel Creek Apartments. Thank you.
Best,
Owen Goode
Assistant Planner
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
DECLARATION OF RECIPROCAL EASEMENTS,
JOINT USE, AND MAINTENANCE
RECORDED AT THE REQUEST OF:
WHEN RECORDED RETURN TO:
Laurel Creek, LP
c/o WestPac Companies
Attn. Patrick N. Smith
503 Bath Street
Santa Barbara, CA 93101
THIS DECLARATION OF RECIPROCAL EASEMENTS, JOINT USE, AND MAINTENANCE
(“Declaration”) is made by LAUREL CREEK, LP, a California limited partnership, (“Declarant”).
1.REAL PROPERTY OWNED BY DECLARANT: Declarant is the owner of all
that certain real property and Improvements thereon located in the City of San Luis Obispo, County of San
Luis Obispo, State of California, described as Parcels 1 through 9, inclusive, as shown on Parcel Map SLO
21-0007, filed for record on , in Book of Parcel
Maps at Page , et seq., in the Official Records of the County of San Luis Obispo,
State of California, and all Improvements situated thereon.
2.PURPOSE AND APPLICABILITY: A multistory building is constructed on Parcels
1 through 9, inclusive, as shown on the Map, as a single integrated structure (“Building”). This Declaration
provides for the joint use, operation, maintenance, repair, and replacement of the various shared portions of
the Building, and of certain Improvements constructed on Parcels 1 through 9, inclusive, that must be jointly
used, operated, maintained, repaired, and replaced. Declarant hereby declares that the Project and all
Improvements thereon are subject to the provisions of this Declaration. The Project shall be held, conveyed,
hypothecated, encumbered, leased, rented, used, occupied, and improved subject to the terms and provisions
of this Declaration. All such terms and provisions are declared to be in furtherance of the plan for the
subdivision, improvement, and sale of the Project. All of the limitations, easements, uses, obligations,
covenants, conditions, and restrictions stated in this Declaration shall run with the Project and shall inure
to the benefit of and be binding on all Owners and all other parties having or acquiring any right, title or
interest in any part of the Project. This Declaration shall not be interpreted to establish a “Common Interest
Development,” as that term is defined in California Civil Code Section 4100, et seq. (or any successor
statute), and the Project shall not be subject to the Davis-Stirling Common Interest Development Act.
Nothing in this Declaration shall serve to amend, modify, or supersede the document entitled “Reciprocal
Easement Agreement and Declaration of Covenants, Conditions, and Restrictions for Parcel Map SLO
19-0114,” recorded on November 25, 2020, as Document No. 2020-069315, in the Official Records of the
County of San Luis Obispo, State of California (“Easement and Parking Agreement”).
3.DEFINED TERMS: Unless otherwise defined herein or unless the context clearly
requires a different meaning, the terms used in this Declaration shall have the meanings specified in this
Paragraph.
SPACE ABOVE THIS LINE FOR RECORDER’S USE
(a)The term “Building” shall mean the multistory commercial and residential building
constructed on Parcels 1 through 9, inclusive, as shown on the Map.
(b)The term “Declarant” shall mean Laurel Creek, LP, a California limited partnership, and
its successor s and assi gns.
(c)The term “Improvement” shall mean anything constructed, installed, or planted on real
property, including but not limited to buildings, streets, fences, walls, paving, pipes, wires, grading,
landscaping, and other works of improvement as defined in California Civil Code Section 8050, excluding
only those Improvements or portions thereof which are dedicated to the public or a public or quasi-public
entity or utility company, and accept ed for maintenance by the public, such ent ity, or utility company.
(d)The term “Map” shall mean Parcel Map SLO 21-0007, filed for record on
, in Book of Parcel Maps at Page , et seq., in the
Official Records of the County of San Luis Obispo, State of California.
(e)The term “Owner” shall mean the holder of record fee title to a Parcel, including
Declarant as to each Parcel owned by Declarant. If more than one person owns a single Parcel, then the term
“Owner” shall mean all owners in fee title of that Parcel. The term “Owner” shall also mean a contract
purchaser (vendee) under an installment land contract but shall exclude the contract vendor and any person
having an interest in a Parcel merely as security for performance of an obligation.
(f)The term “Parcel” shall mean each of Parcels 1 through 9, inclusive, as shown on the
Map.
(g)The term “Project” shall collectively mean (i) the Building, (ii) each of Parcels 1 through
9, inclusive, as shown on t he Map, and (iii) all Improvements situated thereon or therein.
(h)The term “Separate Facilities” shall mean those Improvements which solely serve a
single Parcel, wherever located.
(i)The term “Shared Facilities” shall collectively mean the Bathrooms, Bike Storage,
Electrical Rooms, Elevators, Fire Suppression, Mail Room, Maintenance and Low Voltage Closets, Telecom
Room, Utility Closets, Asphalt and Paving, Exterior Lighting, Frontage, Landscapi ng, Monumentation,
Parcel 1 Access, Recycled Water, Stormwater Improvements, Trash, Utilities, and Water Meter.
(1)The term “Bathrooms” shall collectively mean the bathrooms situated on Parcel 4,
serving Parcels 1 through 9, inclusive, and all Improvements associated therewith, except ing any Utilities.
(2)The term “Bike Storage” shall collectively mean (i) the bicycle storage room located
on Parcel 1, serving Parcels 1 through 9, inclusive, (ii) the bicycle storage room located on Parcel 6, serving
Parcels 6 and 8, and (iii) all Improvements associated therewith, excepting any Utilities.
(3)The term “Electrical Rooms” shall collectively mean (i) the electrical equipment
rooms situated on Parcel 1, serving Parcels 1 through 9, inclusive, (ii) the electrical equipment room situated
on Parcel 4, serving Parcels 1 through 9, inclusive, and (iii) all Improvements associated therewith, excepting
any Utilities.
(4)The term “Elevators” shall collectively mean (i) the elevators situated on Parcel 1,
serving Parcels 5, 7, and 9, (ii) the elevator rooms situated on Parcels 4 and 9, serving Parcels 5, 7, and 9,
and (iii) all Improvements associated therewith, excepting any Utilities.
(5)The term “Fire Suppression” shall collectively mean those portions of the fire
suppression system serving Parcels 1 through 9, inclusive, wherever located, including but not limited to the
fire risers, pumps, and pump house(s) located on Parcel 1, and all Improvements associated therewith,
excepting any Utilities.
(6)The term “Mail Room” shall mean the mail room situated on Parcel 4, serving
Parcels 1 through 9, inclusive, and all Improvements associ ated therewith, excepting any Utilities.
(7)The term “Maintenance and Low Voltage Closets” shall collectively mean the
maintenance closets and the low voltage closets situated on Parcels 1, 5, 7, and 9, serving Parcels 1 through
9, inclusive, and all Improvements associated therewith, excepting any Utilities.
(8)The term “Telecom Room” shall mean the telecommunications equipment and
minimum point of entry (MPOE) room situated on Parcel 1, serving Parcels 1 through 9, inclusive, and all
Improvements associated therewith, except ing any Utilities.
(9)The term “Utility Closets” shall collectively mean the utility closets situated on
Parcels 1 and 7, serving Parcels 1 through 9, inclusive, and all Improvements associated therewith, excepting
any Utilities.
(10)The term “Asphalt and Paving” shall mean the paved asphalt and concrete surfaces
situated on Parcel 1, and serving Parcels 1 through 9, inclusive.
(11)The term “Exterior Lighting” shall collectively mean the lights, bulbs, circuits, and
fixtures providing exterior lighting for the Project, wherever located, and all Improvements associated
therewith, excepting any Utilities.
(12)The term “Frontage” shall mean those portions of Parcel 1 which are adjacent to
Laurel Lane.
(13)The term “Landscaping” shall mean the landscaping situated on Parcel 1, serving
Parcels 1 through 9, inclusive, and all Improvements associ ated therewith, excepting any Utilities.
(14)The term “Monumentation” shall collectively mean (i) the Project monumentation
situated on Parcel 1, (ii) the signage for the Project, and (iii) all Improvements associated therewith,
excepting any Utilities.
(15)The term “Parcel 1 Access” shall collectively mean those certain vehicular and
pedestrian accessways, pathways, roadways, and walkways that are situated within Parcel 1, serving Parcels
1 through 9, inclusive, and providing access from the Project to Laurel Lane.
(16)The term “Recycled Water” shall mean the recycled water system supplying
irrigation water for the Landscaping, if any, wherever located, except ing any Utilities.
(17)The term “Stormwater Improvements” shall mean all Improvements, stormwater
treatment measures, and “best management practices” or “BMP’s” which are intended to function as part of
a storm water drainage and qual ity system serving the Project, wherever located.
(18)The term “Trash” shall mean the trash collection receptacles and storage areas
serving the Project, wherever located, and all Improvements associated therewith, excepting any Utilities.
(19)The term “Utilities” shall mean those portions of the utility lines, pipes, cables
(including but not limited to telephone and fiber optics cables), conduits, wires, including the particular
utility provided thereby (whether cable or broadcast television, telephone, internet, electricity, gas, domestic
water, or sanitary sewer), serving the Project, wherever located, provided however, that gas utilities are not
included in this Agreement as Shared Facilities with respect to the residential parcels (i.e., Parcels 2, 5, 7,
and 9).
(20)The term “Water Meters” shall mean the two (2) domestic water meters both located
within the public right-of-way adjoining Laurel Lane and Parcel 3, as shown on Parcel Map SLO 19-0114,
filed for record on November 25, 2020, in Book 82 of Parcel Maps, at Pages 82 through 85, inclusive, in the
Official Records of the County of San Luis Obispo, State of California: (i) serving Parcels 1, 3, 4, 6, and 8,
and (ii) serving Parcels 2, 5, 7, and 9, and all Improvements associated therewith, excepting any Utilities.
As a point of clarification, it is the sole responsi bility of the Owner on which any domestic water submeters
are situated, and which serve that Owner’s Parcel, to maintain, operate, read, repair, and replace such
submeters.
4.EASEMENTS: The easements and rights specified in this Declaration are hereby created
and shall exist whether or not they are also set forth in individual grant deeds to Parcels. By reference to this
Declaration, each grant deed to a Parcel shall be deemed to be conveyed with the benefit of and subject to
all applicable easements set forth in this Paragraph. Declarant hereby grants to each Owner a non-exclusive
right and easement for the use and enjoyment of the Shared Facilities, subject to the provisions of this
Declaration.
(a)Additional Easements: Notwithstanding anything expressed or implied to the contrary,
this Declaration shall be subject to all easements granted by Declarant to install, maintain, operate, repair,
replace, and use utilities and drainage facilities necessary or appropriate for the development of the Project.
(b)Encroachment: Non-exclusive rights and easements are reserved and granted for the
benefit of each Parcel, as dominant tenement, over, under and across each other Parcel, as servient tenement.
Such easements shall be for the purposes of encroachment, support, occupancy, and use of such portions of
Parcels as shall be encroached upon, used, and occupied by the dominant tenement as a result of any original
construction design, accretion, erosion, deterioration, decay, errors in original construction, movement,
settlement, shifting, or subsidence of any building or structure or any portion thereof. If any portion of the
Project is partially or totally destroyed, the encroachment easement shall exist for any replacement structure
which is rebuilt pursuant to the original construction design and which substantially conforms to the legal
boundaries shown on the Map. The easement for the encroaching Improvement shall exist for as long as the
encroachment exists, provided that no easement for encroachment shall be created due to the willful
misconduct of any Owner.
(c)Support: Each Owner shall have a non-exclusive right and easement appurtenant to each
Parcel, through each Parcel, to support and maintain, operate, repair, and replace the Building and each
Parcel.
(d)Utilities: Each Owner shall have a non-exclusive right and easement over, under, across,
and through the Project, except for those portions of the Project on which a structure is situated, for utility
lines, pipes, wires, and conduits installed by Declarant. Additionally, this Declaration and each Parcel shall
be subject to all easements granted by Declarant to install, operate, maintain, repair, and replace such
utilities necessar y or appropriate for the development of the Project.
(e)Parking: Each Owner agrees to and is hereby bound by all relevant provisions of the
Easement and Parking Agreement (as that term is defined in Paragraph 2, above).
5.NO CONTRIBUTION: Except as set forth in this Declaration, no Owner will be entitled
to charge or assess any other Owner(s) for the right to use the Shared Facilities.
6.SHARED FACILITIES COMMITTEE: All decisions concerning the Shared
Facilities shall be made by the Shared Facilities Committee. The Shared Facilities Committee shall consist
of one (1) representative from each Owner in record fee title to a Parcel; as a point of clarification, there shall
be one (1) representative for each Parcel. Each Shar ed Facilities Committee member shall serve until that
member’s term as a Director expires. If a Shared Facilities Committee member no longer owns a Parcel, then
that member will automatically be deemed to have resigned as a Shared Facilities Committee member. If
a Shared Facilities Committee member is removed or resigns, the Owner that appointed the member shall
appoint another representative to serve as a Shared Facilities Committee member. Each Shared Facilities
Committee member shall be entitled to cast one (1) vote. No action or decision of the Shared Facilities
Committee shall be binding unless approved by at least six (6) members (out of nine (9) total members) of
the Shared Facilities Committee. The Shared Facilities Committee shall have no right or power to adopt any
rule or regulation which discriminates between Owners, or between any group(s) of Owners.
7.SHARED FACILITIES COMMITTEE DUTIES: The Shared Facilities
Committee is hereby charged with the following responsi bilities:
(a)Setting the hours and rules for operation and use of the Shared Facilities (“Shared
Facilities Rules”);
(b)Providing copies of the Shared Facilities Rules to each Owner;
(c)Determining the costs of operating, maintaining, repairing, and replacing the Shared
Facilities (“Shared Facilities Costs”);
(d)Preparing an annual budget that provides for the Shared Facilities Costs;
(e)Determining what maintenance, repair, and replacement is necessary, how and when such
maintenance, repair, and replacement is to be performed, and to ensure that such maintenance, repair, and
replacement is actually performed;
(f)Providing each Owner with a written statement as to the proportionate share of the Shared
Facilities Costs to be paid by each Owner;
(g)Providing each Owner with the budget and allocation of costs in a timely fashion,
annually;
(h)Depositing funds from each Owner into a separate account under the control of the Shared
Facilities Committee;
(i)Disbursing funds from such account as needed; and
(j)such other actions that may be necessary and/or appropriate in furtherance of the Shared
Facilities Committee’s duties set forth in this Declaration.
8.ALLOCATION OF COSTS: The Shared Facilities Costs shall be assessed to each
Owner as follows: Each Owner shall be responsible for a proportionate share of the Shared Facilities Costs
in an amount equal to a one-ninth (1/9) fraction.
9.OWNER OBLIGATIONS: Each Owner agrees to do the following:
(a)Include its proportionate share of the Shared Facilities Costs in its annual budget;
(b)Adopt the Shared Facilities Rules and di stribute copies to its tenants;
(c)Pay the amount(s) required by the Shared Facilities Committee pursuant to this
Declaration, to the Shared Facilities Committee, irrespective of whether the Owner is able to collect payment
from any tenants the Owner may have; and
(d)fully participate in the operation of the Shared Facilities Committee.
10.AMENDMENT: Prior to the conveyance by Declarant of the first Condominium, this
Declaration may be amended by Declarant alone. After the conveyance by Declarant of the first Parcel, this
Declaration may be amended by the approval of fifty-one percent (51%) of the Owners, with one (1) vote
allocated to each Par cel owned in fee title.
11.BINDING: This Declaration is for the benefit of and binding upon all Owners, their
respective heirs, legatees, devisees, executors, administrators, guardians, conservators, successors,
purchasers, tenants, encumbrancers, donees, grantees, mortgagees, lien holders and assigns.
12.EXHIBITS: All exhibits, if any, attached to this Declaration are incorporated by this
reference as though fully set forth herein.
13.SEVERABILITY: The provisions hereof shall be deemed independent and severable, and
the validity or enforceability of any one provision will not affect the validity or enforceability of any other
provision hereof.
14.APPLICABLE LAW: This Declaration shall be governed by and interpreted in
accordance with the laws of the State of California.
15.EFFECTIVE DATE: This Agreement shall be effective immediately upon the recordation
of this Declaration in the Official Records of the County of San Luis Obispo, State of California.
16.TERM: This Declaration will continue for a term of fifty (50) years from its date of
recordation and will be automatically extended for successive periods of ten (10) years until sixty-seven
percent (67%) of the Owners approve a termination of this Declaration.
IN WITNESS WHEREOF, the undersigned has execut ed this Declaration on the day of
.
DECLARANT:
LAUREL CREEK, LP,
a California limited partnership
By:1160 Laurel Lane, LLC,
a Delaware limited liability company
Its General Partner
By:
Name:
Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF
}
ss.
On , bef ore me, , Notary Public,
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity
upon behalf of which the person(s) acted, execut ed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
1
From:Symens, Sadie
Sent:Tuesday, August 29, 2023 1:42 PM
To:Cristi Fry
Cc:Hanh, Hannah; Chuck Braff; Goode, Owen
Subject:RE: Affordable Housing Agreement - Laurel Creek
Attachments:Subordination Agreement Laurel Creek Apartments_82923 edits.docx
Hello Cristi,
I’ve attached the revised Subordination Agreement, acknowledging the modification to the deed of trust from
8/10/2023 and updated the legal description to match that in Exhibit A of the modification and updating the signature
lines for lender and owner. I will work with Hannah on getting you a revised Affordable Housing Agreement.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
City Attorney's Office
E ssymens@slocity.org
slocity.org
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The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or anyone
else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 29, 2023 1:03 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hi Sadie,
There was a recent loan modification (8/10/23).
2
Sorry to do this, but please find attached an updated hyperlinked title report that will necessitate revised lender Subordination
Agreements for the 3 documents that will record concurrently with the Parcel Map (JUA, Affordable Housing Agreement, and
Notice of Requirements).
Please use the following format from the recent loan modification for the lender signature = Brad Shain, Manager
Thanks for your patience,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-built
condition.
On Tue, Aug 22, 2023 at 4:27 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
My understanding is that the loan from CPIF California LLC affects “Parcel 1,” which is now being subdivided into
Parcels 1-9 (the affordable unit being in new Parcel 7), so at least as to the Subordination Agreement, it will refer to
the entirety of the former “Parcel 1.”
3
We need the name and title of the person who will be signing on behalf of lender. Can you please contact them for
this information? We cannot fill it in later or upon execution.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
City Attorney's Office
E ssymens@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or anyone
else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 22, 2023 4:06 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Goode, Owen <ogoode@slocity.org>; Symens, Sadie <ssymens@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hannah,
Thank you!
Lender Information - name and title is typically printed in by the signator.
4
Shouldn't the legal description only encumber the airspace parcel the designated affordable unit is located in (Parcel 7) and not
all 9 parcels?
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
On Tue, Aug 22, 2023 at 2:51 PM Hanh, Hannah <hhanh@slocity.org> wrote:
Chuck and Cristi,
Please coordinate with me on these agreements since Owen is out of the office. See attached for the revised
agreements. I made edits based on the information provided. There are just a few minor outstanding items
highlighted below.
Affordable Housing Agreement
Latest edits
o Unit 109 is now identified as the affordable unit.
5
o The legal description has been updated to match the legal description provided in the 06/08/2023
preliminary title report. The referenced APN now matches with the APN provided by Cristi.
o 1160 Laurel, LLC and Patrick Smith are now identified in the owner signature.
o Table for ‘Exhibit B’ is now partially completed.
Outstanding information
o Provide a clean floor plan that identifies the affordable unit, including the square footage. This will be
included as ‘Exhibit B’ in the agreement. Please make sure all information is legible as the Clerk will
reject any exhibits that are illegible.
Subordination Agreement
Latest edits
o 1160 Laurel, LLC and Patrick Smith are now identified in the owner signature.
o The legal description has been updated to match the legal description provided in the 06/08/2023
preliminary title report. The referenced APN now matches with the APN provided by Cristi.
Outstanding information
o Please identify who will be signing for CPIF California, LLC. The exact contact is required.
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
T 805.781.7432
slocity.org
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From: Hanh, Hannah
Sent: Friday, August 18, 2023 12:46 PM
To: Chuck Braff <chuck@westpacinv.com>; Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie <SSymens@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
6
Since Owen is out of the office, let me speak to our Housing team next week about an alternative. Those folks are
out of the office today and Monday, so I will update you Tuesday, 08/22 on who to coordinate with and wrap up the
agreement.
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
T 805.781.7432
slocity.org
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From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, August 18, 2023 10:47 AM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen is out of the office until the 5th of September. Is there someone else we can move this along with?
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:22 AM, Charles Braff <chuck@westpacinv.com> wrote:
Please see attached. We can get you a clean copy but this is the current addressing sheet I received from
Vanessa. Note unit 109 (top right corner).
<1150 Laurel Lane - Addressing 2 (dragged).pdf>
7
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:16 AM, Cristi Fry <cristi@coast-inc.com> wrote:
1. Chuck has confirmed that Unit 109 is the designated affordable apartment, which is located
within airspace Parcel 7. He also emailed an exhibit showing the location.
2. The legal description for the Agreement should be:
Parcel 7 of Parcel Map SLO 21-0007 per map recorded in Book ___ of Parcel Maps, at
Page _____, on file in the office of the County Recorder, San Luis Obispo County,
California.
(The map book and page will be filled in by the recorder when it records concurrently.)
3. Yes, that is format for Laurel Creek, LP signtures on the Affordable Housing Agreement, the
JUA, and the Notice of Requirements. We do not hardly ever know who signs on behalf of the
lender and leave it blank to fill in their name and title on the Subordination Agreements.
Please get the final Affordable Housing Agreement and the Notice of Requirements to me,
and I will coordinate owner/lender Notarized signatures on all 3 documents (including the
JUA).
Thanks,
Cristi
Cristi E. Fry, PE, PLS
8
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or guarantees
are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Thu, Aug 17, 2023 at 5:23 PM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi, one follow up question,
Is the signature image you provided below for the affordability agreement? Could you
please confirm appropriate contacts for signatures for both Laurel Creek, LP and the
Beneficiary CPIF California, LLC, a California limited liability company.
I’d like to mention that I will be out of office starting tomorrow until September 5, but
these drafts are nearly ready. I’ve attached the drafts here and there is just the minor
outstanding information that is needed. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
9
From: Goode, Owen
Sent: Thursday, August 17, 2023 5:13 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Symens, Sadie <SSymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Could you please just send me an updated legal description, the proposed affordable
unit number, and a site plan/map identifying the affordable unit? Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Thursday, August 17, 2023 4:13 PM
To: Goode, Owen <ogoode@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen,
Chuck will need to provide the unit number.
10
Attached are answers to the questions within the document (Comments say made by Sarah
Wells - because I am working from her old computer today....)
In addition, please fix the APN reference at the end of the document.
Parcel 1 was assigned a new APN after the LLA recorded, APN 004-962-042 (see
attached)
Snip below from the 2022 LLA, shows signature format to use.
<image005.png>
Thank you!
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Thu, Aug 17, 2023 at 2:22 PM Goode, Owen <ogoode@slocity.org> wrote:
Good afternoon, Cristi,
11
Attached are drafts of the Rental Affordability Agreement for 1150 Laurel Lane with
the Subordination agreement. Please review the drafts and let us know if you have
any questions. I did add comments requesting confirmation of the affordable unit
(suite number and location), as well as requesting confirmation on authorized
signatories for both documents. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 3:33 PM
To: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>; Goode,
Owen <ogoode@slocity.org>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
If it helps, the owner's representative says there is a bond in place for the lien with
California Electric Supply.
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
12
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
---------- Forwarded message ---------
From: Jonathan Branoff <Jonathan@westpacinv.com>
Date: Tue, Aug 15, 2023 at 3:03 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Chuck Braff <chuck@westpacinv.com>, Patrick Smith
<psmith@westpacinv.com>
There is a bond in place for the lien with California Electric Supply
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:35 PM
To: Chuck Braff <chuck@westpacinv.com>; Patrick Smith <psmith@westpacinv.com>;
Jonathan Branoff <Jonathan@westpacinv.com>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
Has the mechanic's lien been resolved?
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
13
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
---------- Forwarded message ---------
From: Goode, Owen <ogoode@slocity.org>
Date: Tue, Aug 15, 2023 at 1:31 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Symens, Sadie <ssymens@slocity.org>
Hi Cristi,
I’m working on the affordable housing rental agreement right now for your team.
While affordable housing agreements do not require a lender’s signature, lenders
that record liens against the property will be required to sign the subordination
agreement. Sadie is helping me complete the subordination agreement for this
project. Can you please confirm if the mechanic’s lien filed by California Electric
Supply been resolved? This will help Sadie with the completion of the subordination
agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:27 PM
14
To: Symens, Sadie <ssymens@slocity.org>
Cc: Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
I was going off that assumption, based on email from Kyle. I am coordinating lender
signatures now, so please let me know as soon as possible.
<image006.png>
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Tue, Aug 15, 2023 at 12:27 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
15
I’ve been working with Owen on a subordination agreement for the affordable
housing agreement, and I’m not sure I understand your statement that the AHA
does not need lender subordination; can you please explain why?
Also, Owen may have already reached out about this, but do you know if the
mechanic’s lien filed by California Electric Supply been resolved?
Thank you,
Sadie
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 12:00 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: La Chaine, Steve <slachaine@slocity.org>; Chuck Braff <chuck@westpacinv.com>;
Stong, Nate <nstong@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Goode, Owen
<ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hello Hannah,
We are still awaiting the Affordable Housing Agreement (which does not need lender
subordination). What is the ETA on the Affordable Housing Agreement?
Please confirm we are good to send the attached Joint Use Agreement (Sadie has
approved) and attached Notice of Requirements (Steve laChaine prepared) for owner and
lender signatures. These documents both need lender subordination.
Thanks,
Cristi
16
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Tue, Aug 8, 2023 at 2:54 PM Goode, Owen <ogoode@slocity.org> wrote:
This works thanks Steve. Cristi, please disregard my request. Thanks everyone.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: La Chaine, Steve <slachaine@slocity.org>
Sent: Tuesday, August 8, 2023 2:51 PM
To: Goode, Owen <ogoode@slocity.org>; Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: Affordable Housing Agreement - Laurel Creek
17
Check if links work on this one.
Steve
From: Goode, Owen <ogoode@slocity.org>
Sent: Tuesday, August 8, 2023 2:48 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; La
Chaine, Steve <slachaine@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Can we please receive a preliminary title report where the recorded documents are
linked for review so that we may draft the subordination agreement appropriately?
Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Monday, August 7, 2023 11:15 AM
To: Goode, Owen <ogoode@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; La
Chaine, Steve <slachaine@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
18
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Owen,
thank you for the update
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such
data is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties
or guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Mon, Aug 7, 2023 at 10:47 AM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi,
I wanted to follow up with you to provide you a status update on your affordability
agreement for Laurel Creek Apartments. Our team has been working to update
our Affordable Housing Rental Agreement Templates which is why we had been
delayed in providing a draft. I am drafting the subordination agreement for the
project today and will complete the draft rental agreement as soon as we hear
back from our attorney’s office on our current draft of the template. Please reach
19
out to me directly if you have any questions regarding your affordable housing
rental agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Tuesday, July 11, 2023 1:45 PM
To: cristi@coast-inc.com
Cc: Hanh, Hannah <hhanh@slocity.org>
Subject: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
My name is Owen Goode and I’m an Assistant Planner for the Housing Policies
and Programs Team. I’ll be providing you with the affordable housing rental
agreement this week. Please reach out to me directly with any affordable housing
questions you may have as it pertains to your project at Laurel Creek Apartments.
Thank you.
Best,
Owen Goode
Assistant Planner
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
20
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-1-
12767-0008\2769111v2.doc
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
With a copy to:
APN(s): ________________
SPACE ABOVE THIS LINE FOR RECORDER’S USE
This Subordination Agreement is recorded for the benefit of the City of San Luis Obispo
and is exempt from recording fees pursuant to Sections 6103, 27383 and 27388.1
of the California Government Code.
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER SECURITY INSTRUMENT
THIS SUBORDINATION AGREEMENT (“Subordination Agreement”) is dated
, 202_, and is entered into by Laurel Creek, LP, a California limited
partnership, the owner (“Owner”) of the land described on Exhibit “A” and the improvements
thereon (“Property”), by the present owner and holder of the CPIF California LLC, a California
limited liability company, as beneficiaries under the deed of trust hereinafter described
(hereinafter collectively referred to as “Beneficiary), and by the City of San Luis Obispo, a
municipal corporation (“City”) as a party to that certain Affordable Housing Agreement and
Declaration of Restrictive Covenants (Laurel Creek Apartments) executed by Owner in favor of City
with respect to the Property.
RECITALS
A. Beneficiary has made a $44,500,000.00 loan to Owner as an equity line/revolving
line of credit, which is secured by a deed of trust dated March 31, 2021, recorded on April 1, 2021,
as Instrument No. 2019-0315502021-024687 in the Official Records of San Luis Obispo County,
California (“Official Records”), as modified by Modification of Deed of Trust, Substitution of
Trustee, and Deed of Partial Reconveyance recorded as Instrument No. 2023-023592 of Official
-2-
12767-0008\2769111v2.doc
Records..
B. The City and Owner have entered into an Affordable Housing Agreement and
Declaration of Restrictive Covenants Laurel Creek Apartments dated _____________, 202__,
and recorded in the Official Records concurrently herewith (“Affordable Housing Agreement”),
that requires Owner to construct and either rent or offer for sale certain dwelling units on the
Property to households of certain income levels at certain affordable rents or prices, in accordance
with the City’s Inclusionary Housing Ordinance and the conditions of approval of the project
known as the Laurel Creek Apartments on the Property.
C. City requires that such Affordable Housing Agreement not be extinguished upon a
foreclosure of the Deed of Trust, and that Owner and Beneficiary execute, acknowledge and deliver
this Subordination Agreement for recording in the Official Records to confirm such Affordable
Housing Agreement will survive the foreclosure of the Deed of Trust.
D. City would not grant approval of the (Laurel Creek Apartments) without this
Subordination Agreement.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto
and other valuable consideration, the sufficiency of which is hereby acknowledged, it is hereby
declared, understood, and agreed as follows:
1. The Affordable Housing Agreement, and the covenants and restrictions therein, and
all amendments, modifications, extensions and renewals thereof, shall be and
remain at all times an encumbrance on the Property prior and superior to the lien of
the Deed of Trust, and as it may be further amended, restated, replaced,
supplemented or otherwise modified from time to time. The Beneficiaries further
agree that should the Beneficiaries acquire title to all or any portion of the Property
by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure, or any
other remedy in or relating to the Deed of Trust, the undersigned Beneficiary will
acquire title subject to the provisions of the Affordable Housing Agreement, which
shall remain in full force and effect. Notwithstanding the foregoing, the payment
obligations under the Affordable Housing Agreement, contingent or otherwise, will
not be accelerated by foreclosure or deed-in-lieu of foreclosure of the Deed of
Trust, but will remain due and owing in accordance with the express terms and time
periods set forth in the Affordable Housing Agreement.
2. This Subordination Agreement shall be the whole and only agreement with regard
to such subordination of the Deed of Trust to the Affordable Housing Agreement.
3. This Subordination Agreement shall be binding upon Owner, Beneficiaries and
City and shall insure to the benefit of the respective legal successors, transferees
and assigns of the Owner, Beneficiaries and City.
4. This Subordination Agreement shall be governed by the laws of the State of
California.
-3-
12767-0008\2769111v2.doc
5. If any provision of this Subordination Agreement shall be determined to be invalid
or unenforceable to any extent, then the other provisions hereof shall not be affected
thereby and shall be enforceable to the full extent permitted by applicable law.
6. This Subordination Agreement may be executed in counterparts, which
counterparts shall be construed as a single document and have the same effect as if
all of the parties had executed the same instrument.
[Remainder of this page intentionally left blank]
[Signatures appear on next page]
-4-
12767-0008\2769111v2.doc
IN WITNESS WHEREOF, this Subordination Agreement has been executed as of the date
first above written.
CITY: CITY OF SAN LUIS OBISPO,
a municipal corporation
By:
Print Name: Timothea “Timmi” Tway
Title: Community Development Director
APPROVED AS TO FORM:
J. Christine Dietrick, City Attorney
OWNER: Laurel Creek, LP,
a California limited liability companypartnership
By: 1160 Laurel
Lane, LLC, a Delaware limited liability company, its
General Partner
______________________________
Print NameBy: Patrick N. Smith
Title: __ Manager
BENEFICIARY: CPIF California, LLC, a California limited liability
company
By: Columbia Pacific Income Fund II, LP, its Manager
: By: Columbia Pacific Income Fund II GP,
LLC, its Manager
By: Columbia Pacific Advisors LLC, its
Manager
Print Name:By: Brad Shain
Title:
Formatted: Space After: 0 pt, Don't add space
between paragraphs of the same style
Formatted: Indent: Left: 0.86"
-5-
12767-0008\2769111v2.doc
_______________________________Manager
-6-
12767-0008\2769111v2.doc
EXHIBIT "A"
DESCRIPTION OF PROPERTY
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
PARCEL A:
(Parcel 1 of SLO AL 22-0011 – Doc. #2022-032524)
Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19-0114, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to map recorded November 25, 2020 in Book
82, Page 82 of Parcel Maps, filed in the office of the County Recorder of said County, lying southerly and
southwesterly of the following described line:
Beginning at the southeasterly corner of said Parcel 2, being a point in the westerly right of way line of
Laurel Lane, 81.00 feet wide, as shown on said map; thence along the southerly line of said Parcel 2,
North 57°16’14” West 337.08 feet, to an angle point on said line; thence South 48°53’54” West 51.39
feet to a point on said line; thence leaving said line, North 57°36’19” West 28.10 feet; thence North
12°17’31” West 24.98 feet; thence North 57°12’35” West 168.58 feet; thence North 32°42’19” East
50.90 feet; thence North 57°17’41” West 290.55 feet; thence South 32°42’19” West 16.63 feet; thence
North 57°17’41” West 275.64 feet, more or less, to a point on the westerly line of said Parcel 1, distant
South 41°13’29” West 117.83 feet from the most northerly corner of said Parcel 1 as shown on said
map.
This legal description is made pursuant to that certain agreement relating to lot line adjustment, grant
deed(s), and acceptance thereof, lot line adjustment No. SBDV-0188-2022, recorded on August 10, 2022
as Instrument No. 2022-032524 of Official Records.
PARCEL A-1B:
Non-exclusive easements for access, parking and utilities and incidental rights thereto as set forth in
that certain document entitled, "Reciprocal Easement Agreement and Declaration of Covenants,
Conditions and Restrictions" recorded on November 25, 2020 as instrument no. 2020-69315, San Luis
Obispo County Official Records. Portion of 004-962-034 and Portion of 004-962-035
-7-
12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
-8-
12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
-9-
12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
1
From:Nelson, Trevor
Sent:Friday, August 25, 2023 12:34 PM
To:Travis Dunn
Cc:Don Gross; Chuck Braff
Subject:RE: 1150 Laurel Lane - TCO's expired
Thanks for follow up. I’ll dig into the various TCO permits next week and update you on any pending requirements.
Thank you,
Trevor Nelson
Supervising Building Inspector
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Thursday, August 24, 2023 1:15 PM
To: Nelson, Trevor <tnelson@slocity.org>
Cc: Don Gross <don@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: 1150 Laurel Lane - TCO's expired
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Trevor,
I just wanted to follow up on my previous email regarding 1150 Laurel Lane’s TCO’s. Let me know that you get the email and if
you need anything else.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Travis Dunn
Sent: Tuesday, August 22, 2023 2:45 PM
2
To: Trevor Nelson <tnelson@slocity.org>
Cc: Don Gross <don@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Subject: 1150 Laurel Lane - TCO's expired
Hi Trevor,
Looking at our exisƟng TCO’s they have expired for Ernest, Cal Fire, Event Center, South Lobby, HASLO, Bang The Drum, and Kiva.
What do you want to inspect or have us do to get an extension on these TCO’s while we are finishing the 31 Apartments. See
aƩached TCO list which we have kept for all spaces.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
1
From:Nichols, Vanessa
Sent:Thursday, August 24, 2023 4:48 PM
To:Travis Dunn
Cc:Chuck Braff; Don Gross
Subject:RE: Laurel Creek 2" Existing Irrigation Meter
Attachments:PLREV-0414-2023_Review_V1.docx
Hi,
Utilities had a comment to address, which is attached. Once you have addressed the comments, please resubmit the
plan to both myself and Kyle as he directed. Let me know if you have any questions.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Thursday, August 24, 2023 12:58 PM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi Vanessa,
Can you please provide me with the status of the 2” water meter?
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Travis Dunn
Sent: Tuesday, August 22, 2023 2:07 PM
To: 'Nichols, Vanessa' <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
2
Hi Vanessa,
Thank you for the email and follow up. Have you heard anything back on this yet?
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Monday, August 21, 2023 4:35 PM
To: Travis Dunn <travis@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi,
We had some staff out of the office. I just emailed and asked that this be looked asap. I will get you an update
tomorrow.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Monday, August 21, 2023 9:13 AM
To: Nichols, Vanessa <vnichols@slocity.org>; building <building@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Don Gross <don@westpacinv.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Good morning, Vanessa,
I am emailing you to get an update on the 2” water meter revisions. This was planned to be completed at the beginning of last
week. Can you please give me an update on the status of this. This item is critical to our water usage as we are not able to water
all of our landscaping at this time without the new meter.
Thank you,
Travis Dunn
Project Manager
3
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Thursday, August 10, 2023 4:59 PM
To: Ben Gulstad <bgulstad@arris-studio.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>;
evan@ashleyvance.com; Juan Alvarez <juan@ashleyvance.com>; Laura Dion <laura@arris-studio.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Thank you for sending this over. I am getting this into the official revision processes. We can hopefully have this
figured out by the beginning of next week.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Ben Gulstad <bgulstad@arris-studio.com>
Sent: Thursday, August 10, 2023 10:51 AM
To: Travis Dunn <travis@westpacinv.com>; Nichols, Vanessa <vnichols@slocity.org>; building <building@slocity.org>;
evan@ashleyvance.com; Juan Alvarez <juan@ashleyvance.com>; Laura Dion <laura@arris-studio.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hello Vanessa,
We’ve made the plan revisions and completed the revision to permit form. Please see this link for both documents:
https://arris.egnyte.com/fl/VQHVJJh9WY
Please let us know if there is any other information you need.
Thank you!
Ben Gulstad | Arris Studio Architects
(805) 547-2240 ext 123 | bgulstad@arris-studio.com
From: Travis Dunn <travis@westpacinv.com>
Sent: Thursday, August 10, 2023 8:56 AM
To: Heather Wiebe <heather@arris-studio.com>; Ben Gulstad <bgulstad@arris-studio.com>
Subject: FW: Laurel Creek 2" Existing Irrigation Meter
Heather and Ben,
4
Is this form something that you can complete today and submit.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Thursday, August 10, 2023 8:43 AM
To: Travis Dunn <travis@westpacinv.com>; Evan Dahl <evan@ashleyvance.com>
Cc: Juan Alvarez <juan@ashleyvance.com>; Laurel Creek <laurel_creek@ashleyvance.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Good Morning,
They are reviewing and discussing the information you sent in the below email. They said they would get back to you
as soon as they could. I recommend moving forward with submitting me the revision (revision form and revised plan
sheets). Just email it directly to me and this way I can get in the process so they can provide the approval if it moves
that way or direction. Either way this step will need to happen and will save time to get it going. Let me know if you
have any questions.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Thursday, August 10, 2023 8:39 AM
To: Nichols, Vanessa <vnichols@slocity.org>; Evan Dahl <evan@ashleyvance.com>
Cc: Juan Alvarez <juan@ashleyvance.com>; Laurel Creek <laurel_creek@ashleyvance.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Morning Vanessa,
You were hoping to have feedback on the new 2” valve, were you able to get anything from Utilities?
Thank you,
Travis Dunn
Project Manager
5
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Wednesday, August 9, 2023 10:55 AM
To: Evan Dahl <evan@ashleyvance.com>
Cc: Travis Dunn <travis@westpacinv.com>; Juan Alvarez <juan@ashleyvance.com>; Laurel Creek
<laurel_creek@ashleyvance.com>
Subject: RE: Laurel Creek 2" Existing Irrigation Meter
Hi,
Yes, I forwarded this to Utilities for their input and approval. Hope to have feedback for you by the end of today.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Evan Dahl <evan@ashleyvance.com>
Sent: Wednesday, August 9, 2023 10:26 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Travis Dunn <travis@westpacinv.com>; Juan Alvarez <juan@ashleyvance.com>; Laurel Creek
<laurel_creek@ashleyvance.com>
Subject: Re: Laurel Creek 2" Existing Irrigation Meter
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Vanessa, the contractor is looking to do this work as soon as possible and we'd like to keep them moving, if you could provide
any feedback you might have soon it would be greatly appreciated. Thanks!
Evan Dahl
Ashley & Vance Engineering
Civil • Structural
119 N. Commercial Street #1505 | Bellingham, WA 98225
(360) 746-8020 x141
www.ashleyvance.com
6
On Tue, Aug 8, 2023 at 4:24 PM Evan Dahl <evan@ashleyvance.com> wrote:
Hi Vanessa, we've been coordinating with Travis Dunn on the existing 2" irrigation water meter on the Laurel Creek project. It
sounds like the City would like that meter to be replaced and relocated to the existing empty water meter vault in the
sidewalk.
It is our assumption that the current irrigation vault will remain. There's a 2nd water line in that vault that bypasses the
irrigation meter, does the City have any guidance on what should be done with that 2nd line?
Before we update the civil plans we wanted to send you this sketch to see if you had any comments for us. Thanks,
Evan Dahl
Ashley & Vance Engineering
Civil • Structural
119 N. Commercial Street #1505 | Bellingham, WA 98225
(360) 746-8020 x141
www.ashleyvance.com
Date: August 22, 2023
Plan Check Review # 1
Staff Response: Review #1 Review #2 Review #3 Review #4 (Additional Fees)
Applicant Response:
Please indicate here if any new changes have been made to the plans that are not a result of the corrections from
this list. Briefly describe the type of changes and their location on the plans.
Check one: _____yes ______no
Print Name:
If yes, please briefly describe the changes and where they are located on the plans:
Project Address 1150 Laurel Lane
Project Name Click or tap here to enter text.
Application Number PLREV-0414-2023
Review of Irrigation meters
Occupancy Class Click or tap here to enter text.
Construction Type Click or tap here to enter text.
Occupant Load Click or tap here to enter text.
Sprinklers Click or tap here to enter text.
1 2 3 4
Plan Check Review #1
1150 Laurel Lane
PLREV-0414-2023
Page 2
Utilities Department
Kyle Anderson
kanderso@slocity.org and (805) 781-7208
☐ Ready for Action ☒ Needs Resubmit ☐ OK for Counter Re-Check
1. Please email Kyle Anderson a complete set of pdf plans with the response to comments of the next
submittal to kanderso@slocity.org.
2. Existing onsite vault needs to be removed. Abandon any existing service lines that will not be used per
City Standards.
1
From:Nichols, Vanessa
Sent:Thursday, August 24, 2023 9:56 AM
To:Chuck Braff
Cc:Travis Dunn; Heather Wiebe
Subject:RE: Laurel - Addressing
Attachments:1150 Laurel Lane - Address Change Notification.docm
Chuck,
The attached address verification form serves as formal approval of addressing. We don’t stamp addressing exhibits
as reviewed or for code compliance as it does not apply to the document.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Wednesday, August 23, 2023 9:59 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Travis Dunn <travis@westpacinv.com>; Heather Wiebe <heather@arris-studio.com>
Subject: Re: Laurel - Addressing
Can we get a city stamp or otherwise some sort of marking that allows for us to know we are actually looking at an approved
doc?
I always worry that I attached an older version and I thought that when opening up this thread.
I have made a mark-up on the attached and this works for me.
Thanks Vanessa.
Chuck Braff
M: 310.990.6897
On Aug 23, 2023, at 6:54 AM, Nichols, Vanessa <vnichols@slocity.org> wrote:
Good Morning,
Attached you will find the address verification form for 1150 Laurel Lane. Please note that this has
been provide ahead of all permits being issued for addresses provided. If permits do not get issued for
the additional work this form will be adjust to reflect actual suites/units and distributed. Let me know if
you have any questions.
2
Have a good day.
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Nichols, Vanessa
Sent: Monday, August 21, 2023 4:28 PM
To: Travis Dunn <travis@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel - Addressing
Yes, this is still on track to be completed early this week.
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Monday, August 21, 2023 9:11 AM
To: Nichols, Vanessa <vnichols@slocity.org>; Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel - Addressing
Good morning, Vanessa,
Judging by the timeline given below there are still a few days for this to be completed, but I wanted to make
sure this was still moving forward and on track. Please let me know as soon as possible that we are still on track
to have this completed early this week.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Tuesday, August 15, 2023 4:08 PM
To: Travis Dunn <travis@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
3
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel - Addressing
Hi,
I have put in a request to GIS to see if they have completed processing the addressing. I have
expressed the need for this to be wrapped up as soon as possible. I should have it over to you no later
than this time next week. I will keep you update if this timeline changes.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Tuesday, August 15, 2023 9:40 AM
To: Nichols, Vanessa <vnichols@slocity.org>; Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel - Addressing
Good morning, Vanessa. I wanted to check in on the official addressing being submitted to the Postmaster
General. Can you let me know what the status of this is and when this can be completed? The purchase of the
mailboxes takes roughly 8 weeks from design approval. We are scheduled to have people move in close to a
month from now, putting these mailboxes as critical.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Tuesday, July 18, 2023 7:14 AM
To: Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: RE: Laurel - Addressing
Good Morning,
Yes, we can finalize this addressing. Let me know if you have any other questions or if I can be of any
additional assistance.
Have a good day.
4
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Monday, July 17, 2023 10:05 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
can we finalize?
Chuck Braff
M: 310.990.6897
On Jul 6, 2023, at 3:06 PM, Nichols, Vanessa <vnichols@slocity.org> wrote:
Hi,
Attached I believe to be the final addressing exhibit for 1150 Laurel Lane. Please let me
know if you have any questions or see any issues.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png>
<image003.png>
<image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, July 4, 2023 5:18 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>;
Michaela Denny <michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
This is fine.
5
Chuck Braff
M: 310.990.6897
On Jun 30, 2023, at 5:25 PM, Nichols, Vanessa <vnichols@slocity.org> wrote:
Hi,
Can we change what we currently have the commercial suites to the
following??:
135 to 136
136 to 137
137 to 138
138 to 139
This above change will allow us to have the 135 residential unit remain.
Let me know your thoughts.
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, June 30, 2023 11:40 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn
<travis@westpacinv.com>; Michaela Denny <michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
There are two 135's. One is in the warehouse and one is an apartment on the
north. See red circles on attachment.
Church has mail delivered already to suite 120 so try the changes shared on the
attached.
Then we should be good.
Chuck Braff
M: 310.990.6897
On Jun 29, 2023, at 9:58 AM, Nichols, Vanessa
<vnichols@slocity.org> wrote:
Good Morning,
Attached you will find the suite/unit addressing for 1150
Laurel Lane. Let me know if you have any questions. I will
be getting this processed out next week.
6
Have a great Thursday!
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-
notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, June 16, 2023 11:36 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn
<travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
4 please. Better safe than sorry.
Thanks Vanessa
Chuck Braff
M: 310.990.6897
On Jun 16, 2023, at 11:18 AM, Nichols, Vanessa
<vnichols@slocity.org> wrote:
Okay, so the A, B & C are not acceptable to
GIS. Each space will have a number. I just
needed to confirm how many separate
spaces you have under 120. Is it three?
four? We need to know if there is potential
for an additional space to be created in the
future to plan ahead on assigning suite
numbers. Hopefully this makes sense.
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA
93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image00
4.png>
Stay connected with the City by signing up
for e-notifications
7
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, June 16, 2023 10:40 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-
studio.com>; Travis Dunn
<travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
I am no artist!!! 120B will have 2 spaces across
the hall.
120C is a single office
120A is a single area.
Hope that makes sense. I may be going crazy
after 4+ years here.
<image005.png>
Chuck Braff
M: 310.990.6897
On Jun 13, 2023, at 3:55 PM,
Nichols, Vanessa
<vnichols@slocity.org> wrote:
So, to confirm what you have
documented on this exhibit
as 120A is only one space. Is
this correct? GIS is
concerned that it shows two
spaces of 136 & 138. Don’t
want to assign one number
and then need another
number in the future. Or at
least they want to plan for the
scenario. Let me know.
Vanessa Nichols
Building Permit Services
Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis
Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.
png><image004.png>
Stay connected with the City
by signing up for e-
notifications
8
From: Chuck Braff
<chuck@westpacinv.com>
Sent: Tuesday, June 13, 2023
2:06 PM
To: Nichols, Vanessa
<vnichols@slocity.org>
Cc: Heather Wiebe
<heather@arris-studio.com>;
Travis Dunn
<travis@westpacinv.com>;
Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
Thank you for that. Please see
attached. I think the blue tags
work well. They can be in any
order but they do delineate 3
spaces.
120 A
120 B
120 C
<image005.png>
Chuck Braff
M: 310.990.6897
On Jun 13,
2023, at 1:53
PM, Nichols,
Vanessa
<vnichols@sloci
ty.org> wrote:
Hi,
We have
almost
finalized this
addressing. H
owever, we
have one
question, the
area you
marked as
Suite 120 will
that eventually
have another
tenant and
need another
suite
number? It
looks like the
box that says
vacant should
9
maybe have
its own
number. Appr
eciate any
clarification
you can
provide on this
point.
Vanessa
Nichols
Building
Permit
Services
Supervisor
<image001.pn
g>
Community
Development
919 Palm
Street, San
Luis Obispo,
CA 93401-
3218
E vnichols@sl
ocity.org
T 805.781.758
8
slocity.org
<image002.pn
g><image003.
png><image0
04.png>
Stay
connected
with the City
by signing up
for e-
notifications
From: Heather
Wiebe
<heather@arris
-studio.com>
Sent: Thursday,
May 11, 2023
1:34 PM
To: Nichols,
Vanessa
<vnichols@sloci
ty.org>
Cc: Travis Dunn
<travis@westp
acinv.com>;
Michaela
Denny
<michaela@we
stpacinv.com>;
10
Chuck Braff
<chuck@westp
acinv.com>
Subject: RE:
Laurel -
Addressing
Hi Vanessa,
We made a few
markups on the
attached
addressing plan
and wanted to
see if you are
free to discuss.
We would
prefer to have
unit numbers
stack from first
to second level
throughout the
warehouse.
Please let us
know your
thoughts on
this.
Regards,
Heather
Wiebe
Arris Studio
Architects
1327 Archer Street,
Suite 220
San Luis Obispo, CA
93401
Ph: (805) 547-
2240 ext. 118
Fax: (805) 547-
2241
Email: heather@arri
s-studio.com
Web: ARRISSTUDIO
ARCH.com
From: Nichols,
Vanessa
<vnichols@sloci
ty.org>
Sent: Tuesday,
May 9, 2023
2:51 PM
To: Chuck Braff
<chuck@westp
acinv.com>
Cc: Heather
Wiebe
<heather@arris
-studio.com>;
11
Travis Dunn
<travis@westp
acinv.com>;
Michaela
Denny
<michaela@we
stpacinv.com>
Subject: RE:
Laurel -
Addressing
Hi,
Attached you
will find the
assigned unit
numbering for
the
apartments at
1150 Laurel
Lane. Please
let me know if
you have any
questions.
Thank you.
Vanessa
Nichols
Permit
Services
Coordinator
<image001.pn
g>
Community
Development
919 Palm
Street, San
Luis Obispo,
CA 93401-
3218
E vnichols@sl
ocity.org
T 805.781.758
8
slocity.org
<image002.pn
g><image003.
png><image0
04.png>
Stay
connected
with the City
by signing up
for e-
notifications
12
From: Chuck
Braff
<chuck@westp
acinv.com>
Sent: Tuesday,
May 2, 2023
12:44 PM
To: Nichols,
Vanessa
<vnichols@sloci
ty.org>
Cc: Heather
Wiebe
<heather@arris
-studio.com>;
Travis Dunn
<travis@westp
acinv.com>;
Michaela
Denny
<michaela@we
stpacinv.com>
Subject: Re:
Laurel -
Addressing
Thank you.
Chuck Braff
M:
310.990.6897
O
n
M
a
y
2
,
2
0
2
3
,
a
t
8
:
1
9
A
M
,
N
(805) 781-7588 ADDRESS CHANGE NOTIFICATION
BASE ADDRESS: 1150 Laurel Lane
Establish Unit/Suite
Numbering:
1st Floor: Commercial Suites #s: 110, 115, 118, 120, 124, 125, 126, 128, 136,
137, 138, 139, 160, 170, 175, 180, 184 & 190
1st Floor Residential Unit #s: 102 thru 109; 130 thru 135; 140 thru 147
2nd Floor Residential Unit #s: 200 thru 209; 230 thru 234; 240 thru 278
Correction/Clarification:
Assessor’s Parcel Number(s): 004-962-042
Other Address(es) on this Parcel:
Reason for Application: Two applications - Conversion of existing warehouse space and second level addition
To create 75 residential units.
Applicant: Arris Studio Architects
Applicant’s Address: 1375 Archer St., Ste 220, SLO, CA 93401 Phone
Property Owner: Laurel Creek, LLC
505 Bath Street, Santa Barbara, CA 93101
Received By: Vanessa Nichols Date: 2-10-2023
Application Numbers: BLDG-1885-2020 & BLDG-2788-2022 Planner: Walter Oetzell
Comments/Special Notification:
Building & Safety Division
Community Development T 805.781.7180
919 Palm Street, San Luis Obispo, CA 93401-3218
1
From:Nichols, Vanessa
Sent:Wednesday, August 23, 2023 6:55 AM
To:Travis Dunn; Chuck Braff
Cc:Heather Wiebe
Subject:RE: Laurel - Addressing
Attachments:1150 Laurel Lane - Addressing.pdf
Good Morning,
Attached you will find the address verification form for 1150 Laurel Lane. Please note that this has been provide
ahead of all permits being issued for addresses provided. If permits do not get issued for the additional work this form
will be adjust to reflect actual suites/units and distributed. Let me know if you have any questions.
Have a good day.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Nichols, Vanessa
Sent: Monday, August 21, 2023 4:28 PM
To: Travis Dunn <travis@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel - Addressing
Yes, this is still on track to be completed early this week.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
2
From: Travis Dunn <travis@westpacinv.com>
Sent: Monday, August 21, 2023 9:11 AM
To: Nichols, Vanessa <vnichols@slocity.org>; Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel - Addressing
Good morning, Vanessa,
Judging by the timeline given below there are still a few days for this to be completed, but I wanted to make sure this was still
moving forward and on track. Please let me know as soon as possible that we are still on track to have this completed early this
week.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Tuesday, August 15, 2023 4:08 PM
To: Travis Dunn <travis@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel - Addressing
Hi,
I have put in a request to GIS to see if they have completed processing the addressing. I have expressed the need for
this to be wrapped up as soon as possible. I should have it over to you no later than this time next week. I will keep
you update if this timeline changes.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Tuesday, August 15, 2023 9:40 AM
To: Nichols, Vanessa <vnichols@slocity.org>; Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel - Addressing
3
Good morning, Vanessa. I wanted to check in on the official addressing being submitted to the Postmaster General. Can you let
me know what the status of this is and when this can be completed? The purchase of the mailboxes takes roughly 8 weeks from
design approval. We are scheduled to have people move in close to a month from now, putting these mailboxes as critical.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Tuesday, July 18, 2023 7:14 AM
To: Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: RE: Laurel - Addressing
Good Morning,
Yes, we can finalize this addressing. Let me know if you have any other questions or if I can be of any additional
assistance.
Have a good day.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Monday, July 17, 2023 10:05 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
can we finalize?
Chuck Braff
M: 310.990.6897
4
On Jul 6, 2023, at 3:06 PM, Nichols, Vanessa <vnichols@slocity.org> wrote:
Hi,
Attached I believe to be the final addressing exhibit for 1150 Laurel Lane. Please let me know if you
have any questions or see any issues.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, July 4, 2023 5:18 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
This is fine.
Chuck Braff
M: 310.990.6897
On Jun 30, 2023, at 5:25 PM, Nichols, Vanessa <vnichols@slocity.org> wrote:
Hi,
Can we change what we currently have the commercial suites to the following??:
135 to 136
136 to 137
137 to 138
138 to 139
This above change will allow us to have the 135 residential unit remain.
Let me know your thoughts.
5
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, June 30, 2023 11:40 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>;
Michaela Denny <michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
There are two 135's. One is in the warehouse and one is an apartment on the north. See red
circles on attachment.
Church has mail delivered already to suite 120 so try the changes shared on the attached.
Then we should be good.
Chuck Braff
M: 310.990.6897
On Jun 29, 2023, at 9:58 AM, Nichols, Vanessa <vnichols@slocity.org> wrote:
Good Morning,
Attached you will find the suite/unit addressing for 1150 Laurel Lane. Let
me know if you have any questions. I will be getting this processed out
next week.
Have a great Thursday!
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, June 16, 2023 11:36 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn
<travis@westpacinv.com>; Michaela Denny <michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
4 please. Better safe than sorry.
6
Thanks Vanessa
Chuck Braff
M: 310.990.6897
On Jun 16, 2023, at 11:18 AM, Nichols, Vanessa
<vnichols@slocity.org> wrote:
Okay, so the A, B & C are not acceptable to GIS. Each
space will have a number. I just needed to confirm how
many separate spaces you have under 120. Is it three?
four? We need to know if there is potential for an
additional space to be created in the future to plan ahead
on assigning suite numbers. Hopefully this makes sense.
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-
notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, June 16, 2023 10:40 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn
<travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
I am no artist!!! 120B will have 2 spaces across the hall.
120C is a single office
120A is a single area.
Hope that makes sense. I may be going crazy after 4+ years
here.
<image005.png>
Chuck Braff
M: 310.990.6897
On Jun 13, 2023, at 3:55 PM, Nichols, Vanessa
<vnichols@slocity.org> wrote:
So, to confirm what you have documented
on this exhibit as 120A is only one space. Is
this correct? GIS is concerned that it shows
7
two spaces of 136 & 138. Don’t want to
assign one number and then need another
number in the future. Or at least they want
to plan for the scenario. Let me know.
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA
93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image00
4.png>
Stay connected with the City by signing up
for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, June 13, 2023 2:06 PM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-
studio.com>; Travis Dunn
<travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
Thank you for that. Please see attached. I think
the blue tags work well. They can be in any
order but they do delineate 3 spaces.
120 A
120 B
120 C
<image005.png>
Chuck Braff
M: 310.990.6897
On Jun 13, 2023, at 1:53 PM,
Nichols, Vanessa
<vnichols@slocity.org> wrote:
Hi,
We have almost finalized this
addressing. However, we
have one question, the area
you marked as Suite 120 will
that eventually have another
tenant and need another
suite number? It looks like
the box that says vacant
should maybe have its own
number. Appreciate any
clarification you can provide
on this point.
8
Vanessa Nichols
Building Permit Services
Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis
Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.
png><image004.png>
Stay connected with the City
by signing up for e-
notifications
From: Heather Wiebe
<heather@arris-studio.com>
Sent: Thursday, May 11, 2023
1:34 PM
To: Nichols, Vanessa
<vnichols@slocity.org>
Cc: Travis Dunn
<travis@westpacinv.com>;
Michaela Denny
<michaela@westpacinv.com>;
Chuck Braff
<chuck@westpacinv.com>
Subject: RE: Laurel - Addressing
Hi Vanessa,
We made a few markups on the
attached addressing plan and
wanted to see if you are free to
discuss. We would prefer to
have unit numbers stack from
first to second level throughout
the warehouse.
Please let us know your
thoughts on this.
Regards,
Heather Wiebe
Arris Studio Architects
1327 Archer Street, Suite 220
San Luis Obispo, CA 93401
Ph: (805) 547-2240 ext. 118
Fax: (805) 547-2241
Email: heather@arris-studio.com
Web: ARRISSTUDIOARCH.com
From: Nichols, Vanessa
<vnichols@slocity.org>
Sent: Tuesday, May 9, 2023
2:51 PM
To: Chuck Braff
<chuck@westpacinv.com>
Cc: Heather Wiebe
9
<heather@arris-studio.com>;
Travis Dunn
<travis@westpacinv.com>;
Michaela Denny
<michaela@westpacinv.com>
Subject: RE: Laurel - Addressing
Hi,
Attached you will find the
assigned unit numbering for
the apartments at 1150
Laurel Lane. Please let me
know if you have any
questions.
Thank you.
Vanessa Nichols
Permit Services Coordinator
<image001.png>
Community Development
919 Palm Street, San Luis
Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.
png><image004.png>
Stay connected with the City
by signing up for e-
notifications
From: Chuck Braff
<chuck@westpacinv.com>
Sent: Tuesday, May 2, 2023
12:44 PM
To: Nichols, Vanessa
<vnichols@slocity.org>
Cc: Heather Wiebe
<heather@arris-studio.com>;
Travis Dunn
<travis@westpacinv.com>;
Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
Thank you.
Chuck Braff
M: 310.990.6897
On May 2,
2023, at 8:19
AM, Nichols,
Vanessa
10
<vnichols@sloci
ty.org> wrote:
Hi Chuck,
Yes, we were
able to come
up with unit
numbers that
both Fire and
GIS were
good with. I
will get is
finalized and
over to you by
the end of the
week.
Thank you.
Vanessa
Nichols
Permit
Services
Coordinator
<image001.pn
g>
Community
Development
919 Palm
Street, San
Luis Obispo,
CA 93401-
3218
E vnichols@sl
ocity.org
T 805.781.758
8
slocity.org
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From: Chuck
Braff
<chuck@westp
acinv.com>
Sent: Monday,
May 1, 2023
3:15 PM
To: Nichols,
11
Vanessa
<vnichols@sloci
ty.org>
Cc: Heather
Wiebe
<heather@arris
-studio.com>;
Travis Dunn
<travis@westp
acinv.com>;
Michaela
Denny
<michaela@we
stpacinv.com>
Subject: Re:
Laurel -
Addressing
Vanessa-
Were you able
to come to a
strategy? I am
happy to help.
The building is
complicated for
sure.
Chuck Braff
M:
310.990.6897
O
n
A
p
r
4
,
2
0
2
3
,
a
t
5
:
2
3
P
M
,
C
1
From:Travis Dunn <travis@westpacinv.com>
Sent:Tuesday, August 22, 2023 2:45 PM
To:Nelson, Trevor
Cc:Don Gross; Chuck Braff
Subject:1150 Laurel Lane - TCO's expired
Attachments:TCO Items 1150 Laurel Lane.pdf
Flag Status:Flagged
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Trevor,
Looking at our exisƟng TCO’s they have expired for Ernest, Cal Fire, Event Center, South Lobby, HASLO, Bang The Drum, and Kiva.
What do you want to inspect or have us do to get an extension on these TCO’s while we are finishing the 31 Apartments. See
aƩached TCO list which we have kept for all spaces.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
1150 Laurel Creek TCO Outstanding Items
ERNEST
PROVIDE THE FOLLOW FOR CERTIFICATE OF OCCUPANCY:NOTES
1. Fire Department signature.(Pending) Final occupancy walk
through
2. Provide approved penetration detail between 3 hour spray
foam and 3 hour drywall intersections.
Heather to provide. Mike Lowe did
not stamp at the time of the revision
for AMMR.
3. Provide written explanation for 3 hour spray foam special
inspection reports that note inspections were approved based
on a "contractor submittal" rather than approved plans.
Call Earth Systems to accumulate
these reports and write up
explanation as to why the CAFCO fire
proofing was an approved universal
product at the time of use. Earth
Systems provided a letter to address
why this was done at the time of
inspection. Chuck to provide.
4. Provide 3rd party special inspection reports of all
penetrations at 3 hour wall assemblies.
Earth Systems to provide all
fireproofing reports. Rob Down. (805)
431-8792
5. Install 3 hour fire protection at all exterior structural columns.
AMMR revision to permit - Rodger
Request intumesecnt paint to be
shown in revison.
6. Provide approved details where 3 hour assemblies terminate
at store front glass and exterior wall at loading dock side of
building.
AMMR revision to permit - Rodger
Request intumesecnt paint to be
shown in revison.
7. Complete 1 hour corridor adjacent to 3 hour fire wall along
gridline "N" — existing door to be blocked off until corridor is
complete.
Permit for 31 approved- work started
7/14. S&CO to complete during
January 2023
8. Complete 1 hour assemblies at "Electrical Room" — door to
be locked and accessed by owner team only.
Permit for 31 approved- work started
7/14. S&CO to complete during
January 2023
9. Provide proof that the special inspection firm/inspector is
registered with the county.
Racking System in Ernest.
10. Provide approved revision for the removal of the exterior
stairway at the east end to the building.
This was approved within the AMMR
revision PREV-0095-2022. S&Co to
coordinate with Trevor on on overall
site work portion of AMMR permit.
ERNEST WAREHOUSE
PROVIDE THE FOLLOW FOR CERTIFICATE OF OCCUPANCY:
1. Fire Department signature.
(Pending) Final occupancy walk
through
2. Install 3 hour fire protection at all exterior structural columns.
AMMR revision to permit - Rodger
Request intumesecnt paint to be
shown in revison.
3. Provide approved details where 3 hour column assemblies
terminate at store front glass and exterior walls above.
AMMR revision to permit - Rodger
Request intumesecnt paint to be
shown in revison.
4. Complete 1 hour assemblies at "Electrical Room" — door to
be locked and accessed by owner team only.
installed plywood barrier to be
removed upon completion of
corridor. S&Co to complete in
January.
5. Install ADA parking per approved plans.
S&Co to coordinate with Trevor on on
overall site work portion of AMMR
permit.
6. Install heat pump condensate drain using approved/listed
plumbing fittings.
signed off on the permit card Ernest
Permit cards
CALFIRE
PROVIDE THE FOLLOW FOR CERTIFICATE OF OCCUPANCY:
Fire final approval required
AMMR permits BLDG-2361-2020 and BLDG-0813-2021 must be
finaled prior to Final Approval
Building final approval required
14. Complete "prework" 1 Hour Rated ceiling in unit adjacent to
Suite 175 so that 1 Hour rated partition terminated into a rated
assembly per approved plans
HASLO
PROVIDE THE FOLLOW FOR CERTIFICATE OF OCCUPANCY:
Complete improvements to Site Path of Travel
included in BLDG-1885-0813-2021 and GRAD-0827-
2020.
Complete rear corridor work included in BLDG-1885-
2020 and provided secondary exit access per plan.
Rear exit must remain secured as Not an Exit until
rated corridor work is finished.
Note:AMMR Permits BLDG-2361-2020 and BLDG-
0813-2021 must be finaled prior to Final
Approval/Certificate of Occupancy.
BANG THE DRUM
PROVIDE THE FOLLOW FOR CERTIFICATE OF OCCUPANCY:
All department approvals required for Final Approval
Parking requirements per overall Site Plan under
BLDG-1885-2020
KIVA
PROVIDE THE FOLLOW FOR CERTIFICATE OF OCCUPANCY:
Final Approval Required - Building
Final Approval Required - Fire
SOUTH LOBBY
PROVIDE THE FOLLOW FOR CERTIFICATE OF OCCUPANCY:
AMMR permits BLDG-2361-2020 and BLDG-0813-
2021 must be finaled prior to Final Approval
Fire final approval needed
Building final approval needed
EVENTS CENTER
PROVIDE THE FOLLOW FOR CERTIFICATE OF OCCUPANCY:
AMMR permits BLDG-2361-2020 and BLDG-0813-
2021 must be finaled prior to Final Approval
Fire final approval needed
Building final approval needed
% COMPLETE
In Progress
100%
100%
100%
100%
100%
75%
90%
100%
In Progress
In Progress
100%
100%
90%
In Progress
100%
0%
25%
1
From:Hanh, Hannah
Sent:Tuesday, August 22, 2023 2:52 PM
To:Chuck Braff; Cristi Fry
Cc:Goode, Owen; Symens, Sadie
Subject:RE: Affordable Housing Agreement - Laurel Creek
Attachments:2023 08 22 - Developer For-Rent Affordable Housing Agreement_Laurel Creek Apartments.docx;
2023 08 22 - Subordination Agreement Laurel Creek Apartments.docx
Chuck and Cristi,
Please coordinate with me on these agreements since Owen is out of the office. See attached for the revised
agreements. I made edits based on the information provided. There are just a few minor outstanding items highlighted
below.
Affordable Housing Agreement
- Latest edits
o Unit 109 is now identified as the affordable unit.
o The legal description has been updated to match the legal description provided in the 06/08/2023
preliminary title report. The referenced APN now matches with the APN provided by Cristi.
o 1160 Laurel, LLC and Patrick Smith are now identified in the owner signature.
o Table for ‘Exhibit B’ is now partially completed.
- Outstanding information
o Provide a clean floor plan that identifies the affordable unit, including the square footage. This will be
included as ‘Exhibit B’ in the agreement. Please make sure all information is legible as the Clerk will
reject any exhibits that are illegible.
Subordination Agreement
- Latest edits
o 1160 Laurel, LLC and Patrick Smith are now identified in the owner signature.
o The legal description has been updated to match the legal description provided in the 06/08/2023
preliminary title report. The referenced APN now matches with the APN provided by Cristi.
- Outstanding information
o Please identify who will be signing for CPIF California, LLC. The exact contact is required.
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
T 805.781.7432
slocity.org
Stay connected with the City by signing up for e-notifications
2
From: Hanh, Hannah
Sent: Friday, August 18, 2023 12:46 PM
To: Chuck Braff <chuck@westpacinv.com>; Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie <SSymens@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Since Owen is out of the office, let me speak to our Housing team next week about an alternative. Those folks are out
of the office today and Monday, so I will update you Tuesday, 08/22 on who to coordinate with and wrap up the
agreement.
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
T 805.781.7432
slocity.org
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From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, August 18, 2023 10:47 AM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen is out of the office until the 5th of September. Is there someone else we can move this along with?
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:22 AM, Charles Braff <chuck@westpacinv.com> wrote:
Please see attached. We can get you a clean copy but this is the current addressing sheet I received from
Vanessa. Note unit 109 (top right corner).
<1150 Laurel Lane - Addressing 2 (dragged).pdf>
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:16 AM, Cristi Fry <cristi@coast-inc.com> wrote:
1. Chuck has confirmed that Unit 109 is the designated affordable apartment, which is located
within airspace Parcel 7. He also emailed an exhibit showing the location.
3
2. The legal description for the Agreement should be:
Parcel 7 of Parcel Map SLO 21-0007 per map recorded in Book ___ of Parcel Maps, at
Page _____, on file in the office of the County Recorder, San Luis Obispo County,
California.
(The map book and page will be filled in by the recorder when it records concurrently.)
3. Yes, that is format for Laurel Creek, LP signtures on the Affordable Housing Agreement, the
JUA, and the Notice of Requirements. We do not hardly ever know who signs on behalf of the
lender and leave it blank to fill in their name and title on the Subordination Agreements.
Please get the final Affordable Housing Agreement and the Notice of Requirements to me, and I
will coordinate owner/lender Notarized signatures on all 3 documents (including the JUA).
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or guarantees
are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Thu, Aug 17, 2023 at 5:23 PM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi, one follow up question,
Is the signature image you provided below for the affordability agreement? Could you
please confirm appropriate contacts for signatures for both Laurel Creek, LP and the
Beneficiary CPIF California, LLC, a California limited liability company.
I’d like to mention that I will be out of office starting tomorrow until September 5, but
these drafts are nearly ready. I’ve attached the drafts here and there is just the minor
outstanding information that is needed. Thank you.
Best,
Owen Goode
4
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Thursday, August 17, 2023 5:13 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Symens, Sadie <SSymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Could you please just send me an updated legal description, the proposed affordable
unit number, and a site plan/map identifying the affordable unit? Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Thursday, August 17, 2023 4:13 PM
To: Goode, Owen <ogoode@slocity.org>
5
Cc: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen,
Chuck will need to provide the unit number.
Attached are answers to the questions within the document (Comments say made by Sarah
Wells - because I am working from her old computer today....)
In addition, please fix the APN reference at the end of the document.
Parcel 1 was assigned a new APN after the LLA recorded, APN 004-962-042 (see
attached)
Snip below from the 2022 LLA, shows signature format to use.
<image005.png>
Thank you!
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
6
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or guarantees
are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Thu, Aug 17, 2023 at 2:22 PM Goode, Owen <ogoode@slocity.org> wrote:
Good afternoon, Cristi,
Attached are drafts of the Rental Affordability Agreement for 1150 Laurel Lane with the
Subordination agreement. Please review the drafts and let us know if you have any
questions. I did add comments requesting confirmation of the affordable unit (suite
number and location), as well as requesting confirmation on authorized signatories for
both documents. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 3:33 PM
To: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>; Goode, Owen
<ogoode@slocity.org>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
If it helps, the owner's representative says there is a bond in place for the lien with California
Electric Supply.
7
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or guarantees
are made that the files represent or reflect the complete scope of work and/or as-built condition.
---------- Forwarded message ---------
From: Jonathan Branoff <Jonathan@westpacinv.com>
Date: Tue, Aug 15, 2023 at 3:03 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Chuck Braff <chuck@westpacinv.com>, Patrick Smith
<psmith@westpacinv.com>
There is a bond in place for the lien with California Electric Supply
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:35 PM
To: Chuck Braff <chuck@westpacinv.com>; Patrick Smith <psmith@westpacinv.com>;
Jonathan Branoff <Jonathan@westpacinv.com>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
Has the mechanic's lien been resolved?
Cristi
8
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or guarantees
are made that the files represent or reflect the complete scope of work and/or as-built condition.
---------- Forwarded message ---------
From: Goode, Owen <ogoode@slocity.org>
Date: Tue, Aug 15, 2023 at 1:31 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Symens, Sadie <ssymens@slocity.org>
Hi Cristi,
I’m working on the affordable housing rental agreement right now for your team. While
affordable housing agreements do not require a lender’s signature, lenders that record
liens against the property will be required to sign the subordination agreement. Sadie
is helping me complete the subordination agreement for this project. Can you please
confirm if the mechanic’s lien filed by California Electric Supply been resolved? This
will help Sadie with the completion of the subordination agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
9
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:27 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
I was going off that assumption, based on email from Kyle. I am coordinating lender
signatures now, so please let me know as soon as possible.
<image006.png>
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
10
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or guarantees
are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Tue, Aug 15, 2023 at 12:27 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
I’ve been working with Owen on a subordination agreement for the affordable housing
agreement, and I’m not sure I understand your statement that the AHA does not need
lender subordination; can you please explain why?
Also, Owen may have already reached out about this, but do you know if the
mechanic’s lien filed by California Electric Supply been resolved?
Thank you,
Sadie
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 12:00 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: La Chaine, Steve <slachaine@slocity.org>; Chuck Braff <chuck@westpacinv.com>; Stong,
Nate <nstong@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Goode, Owen
<ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hello Hannah,
We are still awaiting the Affordable Housing Agreement (which does not need lender
subordination). What is the ETA on the Affordable Housing Agreement?
Please confirm we are good to send the attached Joint Use Agreement (Sadie has
approved) and attached Notice of Requirements (Steve laChaine prepared) for owner and
lender signatures. These documents both need lender subordination.
11
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Tue, Aug 8, 2023 at 2:54 PM Goode, Owen <ogoode@slocity.org> wrote:
This works thanks Steve. Cristi, please disregard my request. Thanks everyone.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
12
slocity.org
<image002.png><image003.png><image004.png>
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From: La Chaine, Steve <slachaine@slocity.org>
Sent: Tuesday, August 8, 2023 2:51 PM
To: Goode, Owen <ogoode@slocity.org>; Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Check if links work on this one.
Steve
From: Goode, Owen <ogoode@slocity.org>
Sent: Tuesday, August 8, 2023 2:48 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; La Chaine,
Steve <slachaine@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Can we please receive a preliminary title report where the recorded documents are
linked for review so that we may draft the subordination agreement appropriately?
Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
13
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Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Monday, August 7, 2023 11:15 AM
To: Goode, Owen <ogoode@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; La Chaine,
Steve <slachaine@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Owen,
thank you for the update
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
14
On Mon, Aug 7, 2023 at 10:47 AM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi,
I wanted to follow up with you to provide you a status update on your affordability
agreement for Laurel Creek Apartments. Our team has been working to update our
Affordable Housing Rental Agreement Templates which is why we had been
delayed in providing a draft. I am drafting the subordination agreement for the
project today and will complete the draft rental agreement as soon as we hear back
from our attorney’s office on our current draft of the template. Please reach out to
me directly if you have any questions regarding your affordable housing rental
agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Tuesday, July 11, 2023 1:45 PM
To: cristi@coast-inc.com
Cc: Hanh, Hannah <hhanh@slocity.org>
Subject: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
My name is Owen Goode and I’m an Assistant Planner for the Housing Policies and
Programs Team. I’ll be providing you with the affordable housing rental agreement
this week. Please reach out to me directly with any affordable housing questions
you may have as it pertains to your project at Laurel Creek Apartments. Thank you.
15
Best,
Owen Goode
Assistant Planner
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
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-1-
12767-0008\2769111v2.doc
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
With a copy to:
APN(s): ________________
SPACE ABOVE THIS LINE FOR RECORDER’S USE
This Subordination Agreement is recorded for the benefit of the City of San Luis Obispo
and is exempt from recording fees pursuant to Sections 6103, 27383 and 27388.1
of the California Government Code.
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER SECURITY INSTRUMENT
THIS SUBORDINATION AGREEMENT (“Subordination Agreement”) is dated
, 202_, and is entered into by Laurel Creek, LP, a California limited
partnership, the owner (“Owner”) of the land described on Exhibit “A” and the improvements
thereon (“Property”), by the present owner and holder of the CPIF California LLC, a California
limited liability company, as beneficiaries under the deed of trust hereinafter described
(hereinafter collectively referred to as “Beneficiary), and by the City of San Luis Obispo, a
municipal corporation (“City”) as a party to that certain Affordable Housing Agreement and
Declaration of Restrictive Covenants (Laurel Creek Apartments) executed by Owner in favor of City
with respect to the Property.
RECITALS
A. Beneficiary has made a $44,500,000.00 loan to Owner as an equity line/revolving
line of credit, which is secured by a deed of trust dated March 31, 2021, recorded on April 1, 2021,
as Instrument No. 2019-031550 in the Official Records of San Luis Obispo County, California
(“Official Records”).
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B. The City and Owner have entered into an Affordable Housing Agreement and
Declaration of Restrictive Covenants Laurel Creek Apartments dated _____________, 202__,
and recorded in the Official Records concurrently herewith (“Affordable Housing Agreement”),
that requires Owner to construct and either rent or offer for sale certain dwelling units on the
Property to households of certain income levels at certain affordable rents or prices, in accordance
with the City’s Inclusionary Housing Ordinance and the conditions of approval of the project
known as the Laurel Creek Apartments on the Property.
C. City requires that such Affordable Housing Agreement not be extinguished upon a
foreclosure of the Deed of Trust, and that Owner and Beneficiary execute, acknowledge and deliver
this Subordination Agreement for recording in the Official Records to confirm such Affordable
Housing Agreement will survive the foreclosure of the Deed of Trust.
D. City would not grant approval of the (Laurel Creek Apartments) without this
Subordination Agreement.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto
and other valuable consideration, the sufficiency of which is hereby acknowledged, it is hereby
declared, understood, and agreed as follows:
1. The Affordable Housing Agreement, and the covenants and restrictions therein, and
all amendments, modifications, extensions and renewals thereof, shall be and
remain at all times an encumbrance on the Property prior and superior to the lien of
the Deed of Trust, and as it may be further amended, restated, replaced,
supplemented or otherwise modified from time to time. The Beneficiaries further
agree that should the Beneficiaries acquire title to all or any portion of the Property
by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure, or any
other remedy in or relating to the Deed of Trust, the undersigned Beneficiary will
acquire title subject to the provisions of the Affordable Housing Agreement, which
shall remain in full force and effect. Notwithstanding the foregoing, the payment
obligations under the Affordable Housing Agreement, contingent or otherwise, will
not be accelerated by foreclosure or deed-in-lieu of foreclosure of the Deed of
Trust, but will remain due and owing in accordance with the express terms and time
periods set forth in the Affordable Housing Agreement.
2. This Subordination Agreement shall be the whole and only agreement with regard
to such subordination of the Deed of Trust to the Affordable Housing Agreement.
3. This Subordination Agreement shall be binding upon Owner, Beneficiaries and
City and shall insure to the benefit of the respective legal successors, transferees
and assigns of the Owner, Beneficiaries and City.
4. This Subordination Agreement shall be governed by the laws of the State of
California.
5. If any provision of this Subordination Agreement shall be determined to be invalid
or unenforceable to any extent, then the other provisions hereof shall not be affected
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thereby and shall be enforceable to the full extent permitted by applicable law.
6. This Subordination Agreement may be executed in counterparts, which
counterparts shall be construed as a single document and have the same effect as if
all of the parties had executed the same instrument.
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[Signatures appear on next page]
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IN WITNESS WHEREOF, this Subordination Agreement has been executed as of the date
first above written.
CITY: CITY OF SAN LUIS OBISPO,
a municipal corporation
By:
Print Name: Timothea “Timmi” Tway
Title: Community Development Director
APPROVED AS TO FORM:
J. Christine Dietrick, City Attorney
OWNER: Laurel Creek, LP,
a California limited liability company
By: 1160 Laurel Lane, LLC, a Delaware limited liability
company
Its: General Partner
By:
Print Name: Patrick N. Smith
Title: Manager
BENEFICIARY: CPIF California, LLC, a California limited liability
company
By:
Print Name:
Title: _______________________________
Commented [GO1]: Please confirm appropriate contacts
for signatures
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EXHIBIT "A"
DESCRIPTION OF PROPERTY
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
PARCEL A:
(Parcel 1 of SLO AL 22-0011 – Doc. #2022-032524)
Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19-0114, in the City of San Luis
Obispo, County of San Luis Obispo, State of California, according to map recorded November 25,
2020 in Book 82, Page 82 of Parcel Maps, filed in the office of the County Recorder of said County,
lying southerly and southwesterly of the following described line:
Beginning at the southeasterly corner of said Parcel 2, being a point in the westerly right of way
line of Laurel Lane, 81.00 feet wide, as shown on said map; thence along the southerly line of said
Parcel 2, North 57°16’14” West 337.08 feet, to an angle point on said line; thence South 48°53’54”
West 51.39 feet to a point on said line; thence leaving said line, North 57°36’19” West 28.10 feet;
thence North 12°17’31” West 24.98 feet; thence North 57°12’35” West 168.58 feet; thence North
32°42’19” East 50.90 feet; thence North 57°17’41” West 290.55 feet; thence South 32°42’19”
West 16.63 feet; thence North 57°17’41” West 275.64 feet, more or less, to a point on the westerly
line of said Parcel 1, distant South 41°13’29” West 117.83 feet from the most northerly corner of
said Parcel 1 as shown on said map.
PARCEL A-1:
Non-exclusive easements for access, parking and utilities and incidental rights thereto as set forth
in that certain document entitled, "Reciprocal Easement Agreement and Declaration of Covenants,
Conditions and Restrictions" recorded on November 25, 2020 as instrument no. 2020-69315, San
Luis Obispo County Official Records.
APN: 004-962-042
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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Below Market Rate Rental Housing Agreement_20230701
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
No fee for recording pursuant to (Space above for Recorder's Use)
Government Code Section 27383
BELOW MARKET RATE RENTAL HOUSING AGREEMENT AND DECLARATION
OF RESTRICTIVE COVENANTS
(Below Market Rate Rental Unit 1150 Laurel Lane, Unit 109 for
Laurel Creek Apartments)
This BELOW MARKET RATE RENTAL HOUSING RENTAL RESTRICTION
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS ("Agreement") is
made and entered into on this ______ day of __________________, 20__, by and between the
City of San Luis Obispo, a California charter city and municipal corporation (the "City"), and
Laurel Creek, LP, a California limited partnership (the "Owner"), collectively referred to as the
"Parties."
RECITALS
A. Owner is the owner of certain real property located at 1150 Laurel Lane in the City,
which is more particularly described in attached Exhibit A incorporated herein by this reference
(the "Property").
B. On November 18, 2020, the Planning Commission adopted Resolution No. PC-
1027-2020 (ARCH-0227-2020 & USE-0228-2020) (the "Project Approvals") to approve
Owner's construction of 100 residential units on the Property (the "Project").
C. To satisfy the Project’s requirements under the City’s Inclusionary Housing
Ordinance, Municipal Code Chapter 17.138, (the “Inclusionary Housing Ordinance”) the
Parties have agreed that the Owner is required to rent 1 low- or moderate-income dwelling unit
(the “Affordable Units”), as shown in Exhibit B, and in conformance with the income limits as
published by the State Department of Housing and Community Development.
D. Rental prices are described herein and established by the City’s “Below Market
Rate Housing Standards” and the “Below Market Rate Rental Housing Guidelines” published
by the City’s Community Development Department.
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E. Pursuant to the Inclusionary Housing Ordinance and the Below Market Rate
Housing Standards, the Owner is required maintain the affordability of the Affordable Unit for a
period of fifty-five (55) years from the date of the issuance of the occupancy permit for the
Affordable Unit (the "Affordability Period"). To ensure continued affordability and in
accordance with Government Code Section 27281.5, this Agreement will be recorded against the
Property with the Clerk-Recorder of the County of San Luis Obispo.
F. Owner acknowledges and agrees that the Project Approvals provided adequate and
proper notice pursuant to Government Code Section 66020 of Owner's right to protest any
requirements for fees, dedications, reservations, and other exactions as may be included in this
Agreement, that no protest in compliance with Section 66020 was made within ninety (90) days
of the date that notice was given, and that the period has expired in which Owner may protest any
and all fees, dedications, reservations, and other exactions as may be included in this Agreement.
AGREEMENT
NOW, THEREFORE, the Parties agree and acknowledge that the above recitals are true
and accurate, and are incorporated into this Agreement by this reference, and the Parties mutually
acknowledge and agree as follows:
ARTICLE 1.
DEFINITIONS AND EXHIBITS
Section 1.1. Recitals. The recitals set forth above are true and correct and incorporated
herein as if set forth in full.
Section 1.2. Definitions. In addition to terms defined elsewhere in this Agreement, the
following terms have the following meanings in this Agreement:
(a) “Administrator” means Below Market Rate Program Administrator which
may either be the City itself or a third-party administrator acting as an agent for the City in
connection with all aspects of the operation of the City's Below Market Rate program pursuant to
an Agreement entered into between the City and the Administrator, as such Agreement may be
amended or replaced from time to time.
(b) "Affordable Rent" means the maximum total of monthly payments by the
Tenant of an Affordable Unit, which is to be calculated in accordance with the formula provided
in the City of San Luis Obispo Below Market Rate Housing Standards.
(c) “Affordable Units” means the Units which are required by this Agreement
to be rented to Eligible Households at an Affordable Rent.
(d) “Area Median Income” shall mean the median gross yearly income
adjusted for assumed Household Size, in San Luis Obispo County, California, as published and
periodically updated by the State Department of Housing and Community Development (HCD),
or in the event that such income determinations are no longer published or are not updated for a
period of at least eighteen (18) months, the median gross yearly income adjusted for assumed
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Below Market Rate Rental Housing Agreement_20230701
3
Household Size, in San Luis Obispo County, California as published and periodically updated by
the Department of Housing and Urban Development (HUD).
(e) "Director" means the Community Development Director of the City or the
Director’s assignee.
(f) "Eligible Household" means a household which has been determined by
the Administrator or other agency designated by the Director to be eligible to rent an Affordable
Unit as a Low- or Moderate- Income Household, in compliance with the Below Market Rate
Housing Standards and this Agreement.
(g) "Eligibility Screening" is defined as the process of determining eligibility
in accordance with the City’s Below Market Rate Housing Standards and Below Market Rate
Rental Housing Guidelines.
(g) "Household Income" means the combined gross, pre-tax income of all
adult occupants of the applicant household.
(h) "Household Size" shall mean the actual number of persons residing within
the applicable household.
(i) "Income Certification" means a Tenant’s initial income
certification/certificate of resident eligibility, and includes all sources used in verifying income
and assets (including, but not limited to, third party verification, checking and savings accounts,
pay stubs, verification of assets, etc.).
(j) "Low Income Household - " is defined in the City of San Luis Obispo's
Below Market Rate Housing Standards and means a household with a Household Income that does
not exceed 80% of the Area Median Income.
(k) "Moderate Income Household - " is defined in the City of San Luis
Obispo's Below Market Rate Housing Standards and means a household with a Household Income
that does not exceed 120% of the Area Median Income.
(l) “Marketing” or “Market” is defined as a service in which the Owner or
Administrator will Market the vacancy of a new and/or existing Affordable Unit(s). Marketing
may utilize social media and in-person outreach as well as the listing of the Affordable Unit on the
Administrator’s website.
(m) “Opportunity Drawing” is defined as the process in which interested
households are put into an interest list for a specific Affordable Unit that is being marketed. This
list is ordered based on the preferences set forth in the City’s Below Market Rate Rental Housing
Guidelines, in the order that the Eligible Household applied for the Affordable Unit, and then
randomized thereafter.
(n) "Tenant" is a household occupying an Affordable Unit pursuant to a valid
lease with the Owner.
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(o) "Term" shall mean the term of this Agreement, which shall be in effect for
a fifty-five (55) year period from the date that a certificate of occupancy is issued for the last
Affordable Unit to be completed.
Section 1.3. Exhibits. The following exhibits are attached to this Agreement:
Exhibit A Legal Description of the Property
Exhibit B Map Showing Location of Affordable Units and Schedule of Affordable
Units.
ARTICLE 2.
CONSTRUCTION OF PROJECT AND AFFORDABLE UNITS
Section 2.1. Construction of Affordable Units. The Parties have agreed that the Owner
shall construct and make available one unit as Affordable Units in the Project on the Property for
the duration of the Term.
Section 2.2. Design and Appearance of Affordable Units. The Owner agrees to provide
the Affordable Units with a bedroom count mix of one studio unit in the location shown and
described on Exhibit B during the Term, in conformance with the rental prices and income limits
established by the Below Market Rate Housing Standards. If, after recordation of this Agreement,
the Owner proposes to change the bedroom size or affordability level of any Affordable Units
within the Project, the Owner shall submit a written request to amend this Agreement for such
change to the Director, who shall have sole discretion to approve or deny such request
(amendments shall comply with Section of 5.8 of this Agreement). Tenants in all Affordable Units
shall have equal access to and enjoyment of all common facilities of the Project.
Section 2.3. Construction Timing. The Affordable Units shall be constructed in
proportion to construction of the other units in the Project pursuant to the schedule in Exhibit B.
No certificates of occupancy or final inspections shall be issued for any units in the Project unless
a proportional number (generally one certificate of occupancy for an Affordable Unit for each 50
other units issued certificates of occupancy) of certificates of occupancy or final inspections have
been issued for Affordable Units unless an alternate phasing plan has been approved as part of the
Project approvals.
ARTICLE 3.
RENTAL AND REGULATORY PROVISIONS
Section 3.1. Affordability and Occupancy Covenants. The Owner agrees to rent to and
restrict occupancy of the Affordable Units to Eligible Households earning not more than the
income levels which are set forth in City’s Below Market Rate Housing Standards and as more
particularly described in Exhibit B. The Affordable Units shall be used exclusively for rental
housing for the Term. The Affordable Units shall not be kept vacant or used for any purpose
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5
except for residential use and shall be offered for rent only to Eligible Households at Affordable
Rents in compliance with Exhibit B.
(a) Schedule of Affordable Rents. The City has provided the Owner with a
schedule of Affordable Rents for the Affordable Units in effect on the date of this Agreement.
Affordable Rents may be adjusted annually in accordance with the rent limits set forth in the City’s
Below Market Rate Housing Standards. The Owner shall not charge any fee other than rent
inclusive of cost of utilities (utilities are limited to: water, sewer, electricity, gas, garbage,
recycling, and green waste) to any Tenant of Affordable Units for any housing or other services
provided by Owner.
(b) In the event a Tenant’s income exceeds the qualifying income for the
Affordable Unit, Owner shall not be entitled to any rent in excess of the Affordable Rent for the
Affordable Unit. If, upon recertification of a Tenant's income, the Owner and the City’s Below
Market Rate Administrator determine that the Tenant's income has increased and exceeds the
qualifying income for the Affordable Unit’s designated household income threshold, then Owner
shall serve or cause to be served upon the Tenant a ninety (90) day written notice to vacate the
Unit upon discovery that the Tenant’s income exceeds the qualifying income for the Affordable
Unit, if the Tenant is on a month-to-month tenancy. If the over-income Tenant has a fixed-term
lease, the Owner shall serve a written notice at least 90 days prior to the termination of the fixed-
term lease that the tenancy will not be renewed and will automatically terminate upon expiration,
except that if the Owner discovers that the Tenant’s income exceeds the qualifying income less
than 90 days prior to the termination of the fixed-term lease, the Owner shall serve a 90 day written
notice to vacate the unit.
Section 3.2. Services by Administrator . In order to maintain compliance with the City’s
Below Market Rate Housing Program and reporting requirements, the Owner shall utilize the City’s
Administrator or other agency designated by the Director. The Administrator’s services include but
are not limited to marketing of available unit(s), Eligibility Screening, selection of applicants
through an Opportunity Drawing, and re-certifications. Utilization of these services may subject
Owner to additional fees.
Section 3.3. Agreement to Limitation on Rents. The Owner covenants that it has agreed
to limit Rents under Civil Code Sections 1954.52(b) and 1954.53(a)(2), as provided in this
Agreement, in consideration for the Project approved by the City and proposed by the Owner. The
Owner hereby covenants that the certain provisions of Civil Code Section 1954.51 et seq. (the
"Costa-Hawkins Act") do not apply. The Owner hereby covenants that any Affordable Units
provided pursuant to this Agreement are not subject to Civil Code Section 1954.52(a) or any other
provision of the Costa-Hawkins Act inconsistent with controls on rents. The Owner further
covenants that this Agreement complies with all federal, State, and City laws and ordinances and
that the terms of this Agreement are fully enforceable.
Section 3.4. Income Certification. Prior to Owner entering into a lease with a prospective
Tenant of an Affordable Unit, the prospective Tenant’s household shall be certified as an Eligible
Household by the Administrator of the City of San Luis Obispo or other agency designated by the
Director.
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(a) The Owner will obtain, complete and maintain on file, immediately prior to
initial occupancy and annually thereafter, income certifications for each Tenant renting any of the
Affordable Units. Owner shall obtain written certification by the Administrator or other agency
designated by the Director that the Affordable Units are being occupied by Eligible Households in
compliance with the terms of this Agreement.
(b) Income certifications and re-certifications shall be conducted by the Below
Market Rate Administrator or other agency designated by the Director. Upon request, the Owner
may certify or re-certify the annual income of Tenants on their own, a representative of the Owner
shall attend a workshop or training session hosted by the Administrator. These workshops and
trainings may have associated costs. Should the Owner wish to perform the certifications or
recertifications, the process will be subject to review by the Administrator. The Owner shall not
self-select residents nor conduct initial eligibility screenings.
Section 3.5. Reports to City. The Owner shall submit to the Administrator on or before
July 31st of each year, or at other such interval as mutually agreed by the Parties, and at any other
time at request by the City and upon five (5) business days’ notice to Owner, a report in a form
acceptable to the City to enable the City to verify that the Affordable Units are being occupied by
Eligible Households in compliance with the terms of this Agreement. At a minimum, information
to be submitted shall include:
(a) Certifications of eligibility for all Tenants of Affordable Units at the time
of initial occupancy. Such certification shall include verified income statements and number of
persons in each Affordable Unit.
(b) Certification of the amount of rent charged for the year for all Affordable
Units.
(c) Other information reasonably required by the City and Administrator.
Section 3.6. Inspections. The City reserves the right to inspect the Affordable Units
upon reasonable notice to the Owner to ensure that the Affordable Units are being maintained,
operated, and used consistent with this Agreement and applicable federal, state and local codes.
The Owner agrees to correct all conditions found by such inspections not to conform to the
applicable requirements within ninety (90) days of delivery of written notice from the City, or such
period as necessary to correct the violations as determined by the Director, provided that
corrections are commenced within ninety (90) days and prosecuted diligently to completion.
Failure to maintain the Affordable Units as required by this Agreement or to correct such
conditions shall be a Default, as defined below.
Section 3.7. Management Responsibilities. The Owner is responsible for all
management functions with respect to the Project, including, without limitation, evictions,
collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs,
replacement of capital items, and security. The City shall have no responsibility over management
of the Project.
Section 3.8. Property Maintenance. The City places prime importance on quality
maintenance to ensure that all developments within the City which include Affordable Units are
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not allowed to deteriorate due to below-average maintenance. The Owner shall provide the
Affordable Units with the same level and quality of maintenance, including performance of repairs
and periodic replacement of fixtures as the other units in the Project. The Owner agrees that it or
its agents will maintain all interior and exterior improvements, including landscaping, on the
Property in good condition and repair (and, as to landscaping, in a healthy condition) and in
accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state,
county, municipal, and other governmental agencies and bodies having or claiming jurisdiction
and all their respective departments, bureaus, and officials.
Section 3.9. Taxes and Assessments. The Owner shall pay all real and personal property
taxes, assessments, if any, and charges and all franchise, income, employment, old age benefit,
withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such
manner as to prevent any penalty from accruing, or any lien or charge from attaching to the
Property; provided, however, that the Owner shall have the right to contest in good faith, any such
taxes, assessments, or charges. In the event the Owner exercises its right to contest any tax,
assessment, or charge against it, the Owner, on final determination of the proceeding or contest,
shall immediately pay or discharge any decision or judgment rendered against it, together with all
costs, charges and interest.
Section 3.10. Laws and Regulations. The Owner acknowledges that Owner is familiar
with and will comply with all local and State laws and regulations that pertain to construction,
health and safety, labor (including payment of prevailing wages if applicable), fair housing
practices, equal opportunity and all other matters applicable to maintaining sound, safe and
affordable rental housing.
Section 3.11. Residential Use. None of the Affordable Units in the Project will at any
time be utilized on a transient basis or will ever be used as a hotel, motel, homestay, dormitory,
fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court
or park, nor shall the Affordable Units be used as a place of business except as may otherwise be
allowed by applicable law.
Section 3.12. Nondiscrimination. All of the Affordable Units shall be available for
occupancy on a continuous basis to members of the general public who are income eligible. There
shall be no discrimination against or segregation of any person or group of persons, on account of
race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, familial status, sex, gender, gender identity, gender
expression, age, sexual orientation, source of income, or veteran or military status in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of any Affordable Unit, nor shall
Owner or any person claiming under or through the Owner, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location, number, use,
or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Affordable Unit or in
connection with the employment of persons for the operation and management of the Project.
Section 3.13. Housing Voucher Holders. The Owner shall accept as tenants, on the same
basis as all other prospective tenants, persons who are recipients of certificates for rent subsidies
pursuant to the existing housing program under Section 8 of the United States Housing Act, or its
successor, or any other program in which lawful, verifiable income is paid to a tenant or to a
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housing provider on behalf of a Tenant. The Owner shall not apply selection criteria to holders of
Section 8 certificate or similar certificates or vouchers that is more burdensome than criteria
applied to all other prospective tenants, nor shall the Owner apply or permit the application of
management policies or lease provisions with respect to the Project which have the effect of
precluding occupancy of units by such prospective tenants.
Section 3.14. Notice of Expiration of Term. At least six (6) months prior to the expiration
of the Term, Owner shall provide by first-class mail, postage prepaid, a notice to all Tenants of the
Affordable Units containing (a) the anticipated date of the expiration of the Term, (b) any
anticipated increase in Rent upon the expiration of the Term, and (c) a statement that a copy of
such notice will be sent to City. The Owner shall also file a copy of the above-described notices
with City.
ARTICLE 4.
ENFORCEMENT
Section 4.1. Covenants Running with the Land. The requirements of this Agreement
shall be covenants running with the land as defined in California Civil Code Section 1460 and
shall apply to the Property. Pursuant to Civil Code Section 1468, which governs such covenants,
the provisions of this Agreement shall be binding upon all Parties having any right, title, or interest
in the Property, or any portion thereof and on their heirs, successors in interest and assigns for the
Term. The Parties agree that all future deeds or transfers of interest regarding the Property shall
show the restrictions of this Agreement for the Term.
Section 4.2. Default. Failure of the Owner to satisfy any of Owner's obligations under
the terms of this Agreement within ninety (90) days after the delivery of a notice of default from
the City will constitute a default under this Agreement ("Default"). In addition to remedies for
breach of this Agreement, the City may exercise any and all remedies available to it under the
Municipal Code or other any other provision of law or equity, including but not limited to:
(a) withholding, conditioning, suspending or revoking any Project Approvals,
including without limitation final inspections for occupancy and/or the issuance of certificates of
occupancy;
(b) instituting against the Owner, or other parties, a civil action for declaratory
relief, injunction or any other equitable relief, or relief at law, including without limitation an
action to rescind a transaction and/or to require repayment of any funds received in connection
with such a violation;
(c) where one or more persons have received financial benefit as a result of
violation of this Agreement, the City may assess, and institute legal action to recover as necessary,
a penalty in any amount up to and including the amount of financial benefit received, in addition
to recovery of the benefit received; and
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
9
(d) requiring the Owner or his/her successors in interest to the Property to pay
the City rent or any other payment received by the Owner for the Affordable Unit from the date of
any unauthorized use of the Affordable Unit or in excess of the applicable Affordable Rent.
Section 4.3. Protest. Owner acknowledges and agrees that the Project Approvals
referenced in the Recitals, which are incorporated herein, provided adequate and proper notice
pursuant to Government Code Section 66020 of Owner's right to protest any requirements for fees,
dedications, reservations, and other exactions as may be included in this Agreement, that no protest
in compliance with Section 66020 was made within ninety (90) days of the date that notice was
given, and that the period has expired in which Owner may protest any and all fees, dedications,
reservations, and other exactions as may be included in this Agreement.
Section 4.4. Attorney's Fees and Costs. If either Party takes or commences any actions
or proceedings, including litigation or arbitration, against the other by reason of any breach or
claimed breach of any provision of, or in any way connected with, this Agreement, or seeks a
judicial declaration of rights under this Agreement, the Party prevailing in such action or
proceeding shall be entitled to recover from the other Party the prevailing Party's reasonable
attorney's fees and costs, including, but not limited to, all expert witness fees, other witness fees
and associated expenses, whether or not the proceeding or action proceeds to judgment.
ARTICLE 5.
GENERAL PROVISIONS
Section 5.1. Appointment of Other Agencies. At its sole discretion, the City may
designate, appoint or contract with any other public agency, for-profit or non-profit organization
to perform some or all of the City's obligations under this Agreement.
Section 5.2. Records. The Owner shall retain all records related to compliance with
obligations under this Agreement for a period not less than five (5) years from the date of
origination of such records and make the records available to City employees or others designated
by the City for inspection and copying upon five (5) business days' written notice. The City shall
be entitled to monitor compliance with this Agreement and the Owner shall cooperate with City
monitoring, including obtaining Tenant Affordable Rent and Household Income verification upon
request of the City.
Section 5.3. Hold Harmless. Except for the sole negligence of the City, Owner shall
defend, indemnify and hold harmless (without limit as to amount) City and its elected officials,
officers, employees, agents, their successors and assignees (the “City Indemnitees”) , and any of
them, from and against all loss, all risk of loss and all damage (including expenses and attorney's
fees) sustained or incurred because of or by reason of any and all claims, demands, suits, actions,
judgments or executions for damages of any and every kind and by whomever and whenever made
or obtained, allegedly caused by, arising out of or relating in any manner to the Project, the
Affordable Units, or Owner's performance or non-performance under this Agreement, including
claims pursuant to California Labor Code Section 1720 et seq.. In the event City Indemnitees are
made a party to any action, lawsuit or other adversarial proceeding arising from Owner’s
performance of this Agreement, Owner shall provide a defense to the City Indemnitees or at the
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
10
City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal
fees, incurred in defense of such claims. The provisions of this Section shall survive expiration or
other termination of this Agreement or any release of part or all of the Property from the burdens
of this Agreement, and the provisions of this Section shall remain in full force and effect.
Section 5.4. Notices. All notices required pursuant to this Agreement shall be in writing
and may be given by personal delivery or by registered or certified mail, return receipt requested,
to the Party to receive such notice at the addressed set forth below:
TO THE CITY:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
WITH COPY TO:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: City Attorney
TO THE OWNER:
Laurel Creek, LP
505 Bath Street
Santa Barbara, CA 93101
Attn: _________________
Any notice shall be deemed delivered on the first business day that delivery is attempted or upon
receipt, whichever is sooner. As used herein, "business day" means any day other than a Saturday,
Sunday, or any state or federal holiday on which financial institutions in San Luis Obispo County
are authorized or required to close for observance thereof. Any Party may change the address to
which notices are to be sent by notifying the other Parties of the new address, in the manner set
forth above.
Section 5.5. Transfers. For purposes of this Agreement, "Transfer" means any sale,
assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under the
Agreement; and/or (ii) any interest in the Project, including (but not limited to) a fee simple
interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security
interest, or an interest evidenced by a land contract by which possession of the Project is transferred
and Owner retains title. The term "Transfer" excludes the leasing of any single unit in the Project
to an occupant in compliance with this Agreement.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
11
(a) Future Transfers of the Property shall ensure that the Transfer does not
affect the timing and/or number of Affordable Units provided within the Project and as described
by this Agreement.
(b) In the event of a proposed Transfer by Owner, Owner agrees to provide City
at least thirty days written notice of such proposed assignment prior to the proposed transfer and
shall provide satisfactory evidence that the assignee will assume in writing, through an assignment
and assumption agreement, all obligations of Owner under this Agreement. Notwithstanding the
foregoing: (i) the terms, covenants and conditions of this Agreement shall be binding upon any
transferee whether or not such an assignment and assumption agreement is signed by the assignee;
and (ii) no such transfer shall relieve the Owner (“Transferor”) of any obligations under this
Agreement.
(c) For all proposed Transfers, Owner shall provide to City an assignment and
assumption agreement a form reasonably satisfactory to the City Attorney.
(d) All of the terms, covenants and conditions of this Agreement shall inure to
the benefit of the City and its successors and assigns and shall be binding upon the Owner and any
successors in interest to Owner’s interest in this Agreement, the Project or the Property or any part
thereof. The covenants shall run in favor of the City and its successors and assigns for the entire
period of the Term. The City and its successor and assigns, in the event of any breach of any such
covenants, shall have the right to exercise all of the rights and remedies, and to maintain any
actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.
Whenever the term “Owner” is used in this Agreement, such term shall include any other
successors and assigns as herein provided.
Section 5.6. Integrated Agreement. This Agreement sets forth the full and entire
understanding of the Parties regarding the matter set forth herein. Any other prior or existing
understandings or agreements by the Parties, whether formal or informal, regarding any matters
addressed within this Agreement are hereby superseded or terminated in their entirety.
Section 5.7. Each Party's Role in Drafting the Agreement. Each Party to this Agreement
has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning
of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely
upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the
Agreement.
Section 5.8. Amendment of Agreement. No changes, amendments, or alterations to this
Agreement shall be effective unless in writing and signed by all Parties hereto. Major amendments
to this Agreement shall be subject to the review and approval of the decision-making body which
approved the Project Approvals. Minor amendments to this Agreement may be approved by the
Director. Upon approval, a new Agreement containing the amendments shall be executed and
recorded.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
12
Section 5.9. Applicable Law. This Agreement shall be governed by California law.
Venue shall be the County of San Luis Obispo.
Section 5.10. Waivers. Any waiver by the City of any obligation or condition in this
Agreement must be in writing. No waiver will be implied from any delay or failure by the City to
take action on any breach or default of Owner or to pursue any remedy allowed under this
Agreement or applicable law. Any extension of time granted to Owner to perform any obligation
under this Agreement shall not operate as a waiver or release from any of its obligations under this
Agreement. Consent by the City to any act or omission by Owner shall not be construed to be a
consent to any other or subsequent act or omission or to waive the requirement for the City's written
consent to future waivers.
Section 5.11. Title of Parts and Sections. Any titles of the sections, subsections, or
subparagraphs of this Agreement are inserted for convenience of reference only and shall be
disregarded in interpreting any part of the Agreement's provisions.
Section 5.12. Multiple Originals; Counterpart. This Agreement may be executed in
multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
Section 5.13. Recording of Agreement. This Agreement shall be recorded against the
Property in the Official Records of the County of San Luis Obispo prior to the recordation of any
parcel map or final subdivision map or issuance of any building permit for the Project, whichever
occurs first, unless an alternate phasing plan has been approved as part of the Project Approvals.
Section 5.14. Severability. In the event any limitation, condition, restriction, covenant, or
provision contained in this Agreement is to be held invalid, void or unenforceable by any court of
competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain
in full force and effect.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
13
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the
day and year first above written.
OWNER:
Laurel Creek LP, a California limited partnership
By: 1160 Laurel Lane, LLC, a Delaware limited liability company
Its: General Partner
By: ______________________________
Patrick N. Smith, Manager
CITY:
City of San Luis Obispo, a California charter city and municipal corporation
By: ________________________
Timothea “Timmi” Tway, Community Development Director
APPROVED AS TO FORM AND LEGAL EFFECT:
By:____________________
Christine Dietrick, City Attorney
1808\03\1835187.4
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Seal Above)
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
1808\03\1835187.4
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Seal Above)
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
1808\03\1835187.4 A-1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL A:
(Parcel 1 of SLO AL 22-0011 – Doc. #2022-032524)
Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19-0114, in the City of San Luis
Obispo, County of San Luis Obispo, State of California, according to map recorded November 25,
2020 in Book 82, Page 82 of Parcel Maps, filed in the office of the County Recorder of said County,
lying southerly and southwesterly of the following described line:
Beginning at the southeasterly corner of said Parcel 2, being a point in the westerly right of way
line of Laurel Lane, 81.00 feet wide, as shown on said map; thence along the southerly line of said
Parcel 2, North 57°16’14” West 337.08 feet, to an angle point on said line; thence South 48°53’54”
West 51.39 feet to a point on said line; thence leaving said line, North 57°36’19” West 28.10 feet;
thence North 12°17’31” West 24.98 feet; thence North 57°12’35” West 168.58 feet; thence North
32°42’19” East 50.90 feet; thence North 57°17’41” West 290.55 feet; thence South 32°42’19”
West 16.63 feet; thence North 57°17’41” West 275.64 feet, more or less, to a point on the westerly
line of said Parcel 1, distant South 41°13’29” West 117.83 feet from the most northerly corner of
said Parcel 1 as shown on said map.
PARCEL A-1:
Non-exclusive easements for access, parking and utilities and incidental rights thereto as set forth
in that certain document entitled, "Reciprocal Easement Agreement and Declaration of Covenants,
Conditions and Restrictions" recorded on November 25, 2020 as instrument no. 2020-69315, San
Luis Obispo County Official Records.
APN: 004-962-042
1808\03\1835187.4 B-1
EXHIBIT B
MAP SHOWING LOCATION OF AFFORDABLE UNITS AND SCHEDULE OF
AFFORDABLE UNITS
Unit Number Square Footage Bedroom Count Affordability
109 Studio Moderate
Commented [HH1]: Identify square footage of deed-restricted
unit.
1
From:Nichols, Vanessa
Sent:Monday, August 21, 2023 4:28 PM
To:Travis Dunn; Chuck Braff
Cc:Heather Wiebe
Subject:RE: Laurel - Addressing
Yes, this is still on track to be completed early this week.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Monday, August 21, 2023 9:11 AM
To: Nichols, Vanessa <vnichols@slocity.org>; Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel - Addressing
Good morning, Vanessa,
Judging by the timeline given below there are still a few days for this to be completed, but I wanted to make sure this was still
moving forward and on track. Please let me know as soon as possible that we are still on track to have this completed early this
week.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Tuesday, August 15, 2023 4:08 PM
To: Travis Dunn <travis@westpacinv.com>; Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel - Addressing
Hi,
2
I have put in a request to GIS to see if they have completed processing the addressing. I have expressed the need for
this to be wrapped up as soon as possible. I should have it over to you no later than this time next week. I will keep
you update if this timeline changes.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Tuesday, August 15, 2023 9:40 AM
To: Nichols, Vanessa <vnichols@slocity.org>; Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel - Addressing
Good morning, Vanessa. I wanted to check in on the official addressing being submitted to the Postmaster General. Can you let
me know what the status of this is and when this can be completed? The purchase of the mailboxes takes roughly 8 weeks from
design approval. We are scheduled to have people move in close to a month from now, putting these mailboxes as critical.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Tuesday, July 18, 2023 7:14 AM
To: Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: RE: Laurel - Addressing
Good Morning,
Yes, we can finalize this addressing. Let me know if you have any other questions or if I can be of any additional
assistance.
Have a good day.
3
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Monday, July 17, 2023 10:05 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
can we finalize?
Chuck Braff
M: 310.990.6897
On Jul 6, 2023, at 3:06 PM, Nichols, Vanessa <vnichols@slocity.org> wrote:
Hi,
Attached I believe to be the final addressing exhibit for 1150 Laurel Lane. Please let me know if you
have any questions or see any issues.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
4
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, July 4, 2023 5:18 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
This is fine.
Chuck Braff
M: 310.990.6897
On Jun 30, 2023, at 5:25 PM, Nichols, Vanessa <vnichols@slocity.org> wrote:
Hi,
Can we change what we currently have the commercial suites to the following??:
135 to 136
136 to 137
137 to 138
138 to 139
This above change will allow us to have the 135 residential unit remain.
Let me know your thoughts.
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, June 30, 2023 11:40 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>;
Michaela Denny <michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
There are two 135's. One is in the warehouse and one is an apartment on the north. See red
circles on attachment.
Church has mail delivered already to suite 120 so try the changes shared on the attached.
Then we should be good.
Chuck Braff
M: 310.990.6897
5
On Jun 29, 2023, at 9:58 AM, Nichols, Vanessa <vnichols@slocity.org> wrote:
Good Morning,
Attached you will find the suite/unit addressing for 1150 Laurel Lane. Let
me know if you have any questions. I will be getting this processed out
next week.
Have a great Thursday!
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, June 16, 2023 11:36 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn
<travis@westpacinv.com>; Michaela Denny <michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
4 please. Better safe than sorry.
Thanks Vanessa
Chuck Braff
M: 310.990.6897
On Jun 16, 2023, at 11:18 AM, Nichols, Vanessa
<vnichols@slocity.org> wrote:
Okay, so the A, B & C are not acceptable to GIS. Each
space will have a number. I just needed to confirm how
many separate spaces you have under 120. Is it three?
four? We need to know if there is potential for an
additional space to be created in the future to plan ahead
on assigning suite numbers. Hopefully this makes sense.
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-
notifications
6
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, June 16, 2023 10:40 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn
<travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
I am no artist!!! 120B will have 2 spaces across the hall.
120C is a single office
120A is a single area.
Hope that makes sense. I may be going crazy after 4+ years
here.
<image005.png>
Chuck Braff
M: 310.990.6897
On Jun 13, 2023, at 3:55 PM, Nichols, Vanessa
<vnichols@slocity.org> wrote:
So, to confirm what you have documented
on this exhibit as 120A is only one space. Is
this correct? GIS is concerned that it shows
two spaces of 136 & 138. Don’t want to
assign one number and then need another
number in the future. Or at least they want
to plan for the scenario. Let me know.
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA
93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image00
4.png>
Stay connected with the City by signing up
for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, June 13, 2023 2:06 PM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-
studio.com>; Travis Dunn
<travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
7
Thank you for that. Please see attached. I think
the blue tags work well. They can be in any
order but they do delineate 3 spaces.
120 A
120 B
120 C
<image005.png>
Chuck Braff
M: 310.990.6897
On Jun 13, 2023, at 1:53 PM,
Nichols, Vanessa
<vnichols@slocity.org> wrote:
Hi,
We have almost finalized this
addressing. However, we
have one question, the area
you marked as Suite 120 will
that eventually have another
tenant and need another
suite number? It looks like
the box that says vacant
should maybe have its own
number. Appreciate any
clarification you can provide
on this point.
Vanessa Nichols
Building Permit Services
Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis
Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.
png><image004.png>
Stay connected with the City
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notifications
From: Heather Wiebe
<heather@arris-studio.com>
Sent: Thursday, May 11, 2023
1:34 PM
To: Nichols, Vanessa
<vnichols@slocity.org>
Cc: Travis Dunn
<travis@westpacinv.com>;
Michaela Denny
<michaela@westpacinv.com>;
Chuck Braff
8
<chuck@westpacinv.com>
Subject: RE: Laurel - Addressing
Hi Vanessa,
We made a few markups on the
attached addressing plan and
wanted to see if you are free to
discuss. We would prefer to
have unit numbers stack from
first to second level throughout
the warehouse.
Please let us know your
thoughts on this.
Regards,
Heather Wiebe
Arris Studio Architects
1327 Archer Street, Suite 220
San Luis Obispo, CA 93401
Ph: (805) 547-2240 ext. 118
Fax: (805) 547-2241
Email: heather@arris-studio.com
Web: ARRISSTUDIOARCH.com
From: Nichols, Vanessa
<vnichols@slocity.org>
Sent: Tuesday, May 9, 2023
2:51 PM
To: Chuck Braff
<chuck@westpacinv.com>
Cc: Heather Wiebe
<heather@arris-studio.com>;
Travis Dunn
<travis@westpacinv.com>;
Michaela Denny
<michaela@westpacinv.com>
Subject: RE: Laurel - Addressing
Hi,
Attached you will find the
assigned unit numbering for
the apartments at 1150
Laurel Lane. Please let me
know if you have any
questions.
Thank you.
Vanessa Nichols
Permit Services Coordinator
<image001.png>
Community Development
919 Palm Street, San Luis
Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
9
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png><image004.png>
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From: Chuck Braff
<chuck@westpacinv.com>
Sent: Tuesday, May 2, 2023
12:44 PM
To: Nichols, Vanessa
<vnichols@slocity.org>
Cc: Heather Wiebe
<heather@arris-studio.com>;
Travis Dunn
<travis@westpacinv.com>;
Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
Thank you.
Chuck Braff
M: 310.990.6897
On May 2,
2023, at 8:19
AM, Nichols,
Vanessa
<vnichols@sloci
ty.org> wrote:
Hi Chuck,
Yes, we were
able to come
up with unit
numbers that
both Fire and
GIS were
good with. I
will get is
finalized and
over to you by
the end of the
week.
Thank you.
Vanessa
Nichols
Permit
Services
Coordinator
<image001.pn
g>
10
Community
Development
919 Palm
Street, San
Luis Obispo,
CA 93401-
3218
E vnichols@sl
ocity.org
T 805.781.758
8
slocity.org
<image002.pn
g><image003.
png><image0
04.png>
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connected
with the City
by signing up
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From: Chuck
Braff
<chuck@westp
acinv.com>
Sent: Monday,
May 1, 2023
3:15 PM
To: Nichols,
Vanessa
<vnichols@sloci
ty.org>
Cc: Heather
Wiebe
<heather@arris
-studio.com>;
Travis Dunn
<travis@westp
acinv.com>;
Michaela
Denny
<michaela@we
stpacinv.com>
Subject: Re:
Laurel -
Addressing
Vanessa-
Were you able
to come to a
strategy? I am
happy to help.
The building is
complicated for
sure.
11
Chuck Braff
M:
310.990.6897
O
n
A
p
r
4
,
2
0
2
3
,
a
t
5
:
2
3
P
M
,
C
h
a
r
l
e
s
B
r
a
f
f
<
c
h
u
c
k
@
w
e
s
t
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i
1
From:Goode, Owen
Sent:Thursday, August 17, 2023 5:23 PM
To:Cristi Fry
Cc:Symens, Sadie; Hanh, Hannah
Subject:RE: Affordable Housing Agreement - Laurel Creek
Attachments:Subordination Agreement Laurel Creek Apartments.docx; Developer For-Rent Affordable
Housing Agreement_Laurel Creek Apartments.docx
Hi Cristi, one follow up question,
Is the signature image you provided below for the affordability agreement? Could you please confirm appropriate
contacts for signatures for both Laurel Creek, LP and the Beneficiary CPIF California, LLC, a California limited liability
company.
I’d like to mention that I will be out of office starting tomorrow until September 5, but these drafts are nearly ready. I’ve
attached the drafts here and there is just the minor outstanding information that is needed. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Thursday, August 17, 2023 5:13 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Symens, Sadie <SSymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Could you please just send me an updated legal description, the proposed affordable unit number, and a site
plan/map identifying the affordable unit? Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
2
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Thursday, August 17, 2023 4:13 PM
To: Goode, Owen <ogoode@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen,
Chuck will need to provide the unit number.
Attached are answers to the questions within the document (Comments say made by Sarah Wells - because I am working from
her old computer today....)
In addition, please fix the APN reference at the end of the document.
Parcel 1 was assigned a new APN after the LLA recorded, APN 004-962-042 (see attached)
Snip below from the 2022 LLA, shows signature format to use.
Thank you!
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-built
condition.
3
On Thu, Aug 17, 2023 at 2:22 PM Goode, Owen <ogoode@slocity.org> wrote:
Good afternoon, Cristi,
Attached are drafts of the Rental Affordability Agreement for 1150 Laurel Lane with the Subordination agreement.
Please review the drafts and let us know if you have any questions. I did add comments requesting confirmation of
the affordable unit (suite number and location), as well as requesting confirmation on authorized signatories for both
documents. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 3:33 PM
To: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>; Goode, Owen <ogoode@slocity.org>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
If it helps, the owner's representative says there is a bond in place for the lien with California Electric Supply.
Cristi
4
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
---------- Forwarded message ---------
From: Jonathan Branoff <Jonathan@westpacinv.com>
Date: Tue, Aug 15, 2023 at 3:03 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Chuck Braff <chuck@westpacinv.com>, Patrick Smith <psmith@westpacinv.com>
There is a bond in place for the lien with California Electric Supply
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:35 PM
To: Chuck Braff <chuck@westpacinv.com>; Patrick Smith <psmith@westpacinv.com>; Jonathan Branoff
<Jonathan@westpacinv.com>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
Has the mechanic's lien been resolved?
Cristi
Cristi E. Fry, PE, PLS
5
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
---------- Forwarded message ---------
From: Goode, Owen <ogoode@slocity.org>
Date: Tue, Aug 15, 2023 at 1:31 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Symens, Sadie <ssymens@slocity.org>
Hi Cristi,
I’m working on the affordable housing rental agreement right now for your team. While affordable housing
agreements do not require a lender’s signature, lenders that record liens against the property will be required to sign
the subordination agreement. Sadie is helping me complete the subordination agreement for this project. Can you
please confirm if the mechanic’s lien filed by California Electric Supply been resolved? This will help Sadie with the
completion of the subordination agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
Community Development
6
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:27 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
I was going off that assumption, based on email from Kyle. I am coordinating lender signatures now, so please let me know as
soon as possible.
7
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
On Tue, Aug 15, 2023 at 12:27 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
I’ve been working with Owen on a subordination agreement for the affordable housing agreement, and I’m not sure I
understand your statement that the AHA does not need lender subordination; can you please explain why?
Also, Owen may have already reached out about this, but do you know if the mechanic’s lien filed by California
Electric Supply been resolved?
Thank you,
Sadie
8
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 12:00 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: La Chaine, Steve <slachaine@slocity.org>; Chuck Braff <chuck@westpacinv.com>; Stong, Nate <nstong@slocity.org>;
Symens, Sadie <ssymens@slocity.org>; Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hello Hannah,
We are still awaiting the Affordable Housing Agreement (which does not need lender subordination). What is the ETA on the
Affordable Housing Agreement?
Please confirm we are good to send the attached Joint Use Agreement (Sadie has approved) and attached Notice of
Requirements (Steve laChaine prepared) for owner and lender signatures. These documents both need lender subordination.
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
9
On Tue, Aug 8, 2023 at 2:54 PM Goode, Owen <ogoode@slocity.org> wrote:
This works thanks Steve. Cristi, please disregard my request. Thanks everyone.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: La Chaine, Steve <slachaine@slocity.org>
Sent: Tuesday, August 8, 2023 2:51 PM
To: Goode, Owen <ogoode@slocity.org>; Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Check if links work on this one.
Steve
From: Goode, Owen <ogoode@slocity.org>
Sent: Tuesday, August 8, 2023 2:48 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; La Chaine, Steve <slachaine@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
10
Hi Cristi,
Can we please receive a preliminary title report where the recorded documents are linked for review so that we
may draft the subordination agreement appropriately? Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Monday, August 7, 2023 11:15 AM
To: Goode, Owen <ogoode@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; La Chaine, Steve <slachaine@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Owen,
thank you for the update
11
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
On Mon, Aug 7, 2023 at 10:47 AM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi,
I wanted to follow up with you to provide you a status update on your affordability agreement for Laurel Creek
Apartments. Our team has been working to update our Affordable Housing Rental Agreement Templates which is
why we had been delayed in providing a draft. I am drafting the subordination agreement for the project today and
will complete the draft rental agreement as soon as we hear back from our attorney’s office on our current draft of
the template. Please reach out to me directly if you have any questions regarding your affordable housing rental
agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
12
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Tuesday, July 11, 2023 1:45 PM
To: cristi@coast-inc.com
Cc: Hanh, Hannah <hhanh@slocity.org>
Subject: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
My name is Owen Goode and I’m an Assistant Planner for the Housing Policies and Programs Team. I’ll be
providing you with the affordable housing rental agreement this week. Please reach out to me directly with any
affordable housing questions you may have as it pertains to your project at Laurel Creek Apartments. Thank you.
Best,
Owen Goode
Assistant Planner
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
No fee for recording pursuant to (Space above for Recorder's Use)
Government Code Section 27383
BELOW MARKET RATE RENTAL HOUSING AGREEMENT AND DECLARATION
OF RESTRICTIVE COVENANTS
(Below Market Rate Rental Unit 1150 Laurel Lane, Unit ______] for
Laurel Creek Apartments
This BELOW MARKET RATE RENTAL HOUSING RENTAL RESTRICTION
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS ("Agreement") is
made and entered into on this ______ day of __________________, 20__, by and between the
City of San Luis Obispo, a California charter city and municipal corporation (the "City"), and
Laurel Creek, LP, a California limited partnership (the "Owner"), collectively referred to as the
"Parties."
RECITALS
A. Owner is the owner of certain real property located at 1150 Laurel Lane in the City,
which is more particularly described in attached Exhibit A incorporated herein by this reference
(the "Property").
B. On November 18, 2020, the Planning Commission adopted Resolution No. PC-
1027-2020 (ARCH-0227-2020 & USE-0228-2020) (the "Project Approvals") to approve
Owner's construction of 100 residential units on the Property (the "Project").
C. To satisfy the Project’s requirements under the City’s Inclusionary Housing
Ordinance, Municipal Code Chapter 17.138, (the “Inclusionary Housing Ordinance”) the
Parties have agreed that the Owner is required to rent 1 low- or moderate-income dwelling unit
(the “Affordable Units”), as shown in Exhibit B, and in conformance with the income limits as
published by the State Department of Housing and Community Development.
D. Rental prices are described herein and established by the City’s “Below Market
Rate Housing Standards” and the “Below Market Rate Rental Housing Guidelines” published
by the City’s Community Development Department.
Commented [GO1]: Identify Unit Number
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
2
E. Pursuant to the Inclusionary Housing Ordinance and the Below Market Rate
Housing Standards, the Owner is required maintain the affordability of the Affordable Unit for a
period of fifty-five (55) years from the date of the issuance of the occupancy permit for the
Affordable Unit (the "Affordability Period"). To ensure continued affordability and in
accordance with Government Code Section 27281.5, this Agreement will be recorded against the
Property with the Clerk-Recorder of the County of San Luis Obispo.
F. Owner acknowledges and agrees that the Project Approvals provided adequate and
proper notice pursuant to Government Code Section 66020 of Owner's right to protest any
requirements for fees, dedications, reservations, and other exactions as may be included in this
Agreement, that no protest in compliance with Section 66020 was made within ninety (90) days
of the date that notice was given, and that the period has expired in which Owner may protest any
and all fees, dedications, reservations, and other exactions as may be included in this Agreement.
AGREEMENT
NOW, THEREFORE, the Parties agree and acknowledge that the above recitals are true
and accurate, and are incorporated into this Agreement by this reference, and the Parties mutually
acknowledge and agree as follows:
ARTICLE 1.
DEFINITIONS AND EXHIBITS
Section 1.1. Recitals. The recitals set forth above are true and correct and incorporated
herein as if set forth in full.
Section 1.2. Definitions. In addition to terms defined elsewhere in this Agreement, the
following terms have the following meanings in this Agreement:
(a) “Administrator” means Below Market Rate Program Administrator which
may either be the City itself or a third-party administrator acting as an agent for the City in
connection with all aspects of the operation of the City's Below Market Rate program pursuant to
an Agreement entered into between the City and the Administrator, as such Agreement may be
amended or replaced from time to time.
(b) "Affordable Rent" means the maximum total of monthly payments by the
Tenant of an Affordable Unit, which is to be calculated in accordance with the formula provided
in the City of San Luis Obispo Below Market Rate Housing Standards.
(c) “Affordable Units” means the Units which are required by this Agreement
to be rented to Eligible Households at an Affordable Rent.
(d) “Area Median Income” shall mean the median gross yearly income
adjusted for assumed Household Size, in San Luis Obispo County, California, as published and
periodically updated by the State Department of Housing and Community Development (HCD),
or in the event that such income determinations are no longer published or are not updated for a
period of at least eighteen (18) months, the median gross yearly income adjusted for assumed
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
3
Household Size, in San Luis Obispo County, California as published and periodically updated by
the Department of Housing and Urban Development (HUD).
(e) "Director" means the Community Development Director of the City or the
Director’s assignee.
(f) "Eligible Household" means a household which has been determined by
the Administrator or other agency designated by the Director to be eligible to rent an Affordable
Unit as a Low- or Moderate- Income Household, in compliance with the Below Market Rate
Housing Standards and this Agreement.
(g) "Eligibility Screening" is defined as the process of determining eligibility
in accordance with the City’s Below Market Rate Housing Standards and Below Market Rate
Rental Housing Guidelines.
(g) "Household Income" means the combined gross, pre-tax income of all
adult occupants of the applicant household.
(h) "Household Size" shall mean the actual number of persons residing within
the applicable household.
(i) "Income Certification" means a Tenant’s initial income
certification/certificate of resident eligibility, and includes all sources used in verifying income
and assets (including, but not limited to, third party verification, checking and savings accounts,
pay stubs, verification of assets, etc.).
(j) "Low Income Household - " is defined in the City of San Luis Obispo's
Below Market Rate Housing Standards and means a household with a Household Income that does
not exceed 80% of the Area Median Income.
(k) "Moderate Income Household - " is defined in the City of San Luis
Obispo's Below Market Rate Housing Standards and means a household with a Household Income
that does not exceed 120% of the Area Median Income.
(l) “Marketing” or “Market” is defined as a service in which the Owner or
Administrator will Market the vacancy of a new and/or existing Affordable Unit(s). Marketing
may utilize social media and in-person outreach as well as the listing of the Affordable Unit on the
Administrator’s website.
(m) “Opportunity Drawing” is defined as the process in which interested
households are put into an interest list for a specific Affordable Unit that is being marketed. This
list is ordered based on the preferences set forth in the City’s Below Market Rate Rental Housing
Guidelines, in the order that the Eligible Household applied for the Affordable Unit, and then
randomized thereafter.
(n) "Tenant" is a household occupying an Affordable Unit pursuant to a valid
lease with the Owner.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
4
(o) "Term" shall mean the term of this Agreement, which shall be in effect for
a fifty-five (55) year period from the date that a certificate of occupancy is issued for the last
Affordable Unit to be completed.
Section 1.3. Exhibits. The following exhibits are attached to this Agreement:
Exhibit A Legal Description of the Property
Exhibit B Map Showing Location of Affordable Units and Schedule of Affordable
Units.
ARTICLE 2.
CONSTRUCTION OF PROJECT AND AFFORDABLE UNITS
Section 2.1. Construction of Affordable Units. The Parties have agreed that the Owner
shall construct and make available one unit as Affordable Units in the Project on the Property for
the duration of the Term.
Section 2.2. Design and Appearance of Affordable Units. The Owner agrees to provide
the Affordable Units with a bedroom count mix of one studio unit in the location shown and
described on Exhibit B during the Term, in conformance with the rental prices and income limits
established by the Below Market Rate Housing Standards. If, after recordation of this Agreement,
the Owner proposes to change the bedroom size or affordability level of any Affordable Units
within the Project, the Owner shall submit a written request to amend this Agreement for such
change to the Director, who shall have sole discretion to approve or deny such request
(amendments shall comply with Section of 5.8 of this Agreement). Tenants in all Affordable Units
shall have equal access to and enjoyment of all common facilities of the Project.
Section 2.3. Construction Timing. The Affordable Units shall be constructed in
proportion to construction of the other units in the Project pursuant to the schedule in Exhibit B.
No certificates of occupancy or final inspections shall be issued for any units in the Project unless
a proportional number (generally one certificate of occupancy for an Affordable Unit for each 50
other units issued certificates of occupancy) of certificates of occupancy or final inspections have
been issued for Affordable Units unless an alternate phasing plan has been approved as part of the
Project approvals.
ARTICLE 3.
RENTAL AND REGULATORY PROVISIONS
Section 3.1. Affordability and Occupancy Covenants. The Owner agrees to rent to and
restrict occupancy of the Affordable Units to Eligible Households earning not more than the
income levels which are set forth in City’s Below Market Rate Housing Standards and as more
particularly described in Exhibit B. The Affordable Units shall be used exclusively for rental
housing for the Term. The Affordable Units shall not be kept vacant or used for any purpose
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
5
except for residential use and shall be offered for rent only to Eligible Households at Affordable
Rents in compliance with Exhibit B.
(a) Schedule of Affordable Rents. The City has provided the Owner with a
schedule of Affordable Rents for the Affordable Units in effect on the date of this Agreement.
Affordable Rents may be adjusted annually in accordance with the rent limits set forth in the City’s
Below Market Rate Housing Standards. The Owner shall not charge any fee other than rent
inclusive of cost of utilities (utilities are limited to: water, sewer, electricity, gas, garbage,
recycling, and green waste) to any Tenant of Affordable Units for any housing or other services
provided by Owner.
(b) In the event a Tenant’s income exceeds the qualifying income for the
Affordable Unit, Owner shall not be entitled to any rent in excess of the Affordable Rent for the
Affordable Unit. If, upon recertification of a Tenant's income, the Owner and the City’s Below
Market Rate Administrator determine that the Tenant's income has increased and exceeds the
qualifying income for the Affordable Unit’s designated household income threshold, then Owner
shall serve or cause to be served upon the Tenant a ninety (90) day written notice to vacate the
Unit upon discovery that the Tenant’s income exceeds the qualifying income for the Affordable
Unit, if the Tenant is on a month-to-month tenancy. If the over-income Tenant has a fixed-term
lease, the Owner shall serve a written notice at least 90 days prior to the termination of the fixed-
term lease that the tenancy will not be renewed and will automatically terminate upon expiration,
except that if the Owner discovers that the Tenant’s income exceeds the qualifying income less
than 90 days prior to the termination of the fixed-term lease, the Owner shall serve a 90 day written
notice to vacate the unit.
Section 3.2. Services by Administrator . In order to maintain compliance with the City’s
Below Market Rate Housing Program and reporting requirements, the Owner shall utilize the City’s
Administrator or other agency designated by the Director. The Administrator’s services include but
are not limited to marketing of available unit(s), Eligibility Screening, selection of applicants
through an Opportunity Drawing, and re-certifications. Utilization of these services may subject
Owner to additional fees.
Section 3.3. Agreement to Limitation on Rents. The Owner covenants that it has agreed
to limit Rents under Civil Code Sections 1954.52(b) and 1954.53(a)(2), as provided in this
Agreement, in consideration for the Project approved by the City and proposed by the Owner. The
Owner hereby covenants that the certain provisions of Civil Code Section 1954.51 et seq. (the
"Costa-Hawkins Act") do not apply. The Owner hereby covenants that any Affordable Units
provided pursuant to this Agreement are not subject to Civil Code Section 1954.52(a) or any other
provision of the Costa-Hawkins Act inconsistent with controls on rents. The Owner further
covenants that this Agreement complies with all federal, State, and City laws and ordinances and
that the terms of this Agreement are fully enforceable.
Section 3.4. Income Certification. Prior to Owner entering into a lease with a prospective
Tenant of an Affordable Unit, the prospective Tenant’s household shall be certified as an Eligible
Household by the Administrator of the City of San Luis Obispo or other agency designated by the
Director.
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(a) The Owner will obtain, complete and maintain on file, immediately prior to
initial occupancy and annually thereafter, income certifications for each Tenant renting any of the
Affordable Units. Owner shall obtain written certification by the Administrator or other agency
designated by the Director that the Affordable Units are being occupied by Eligible Households in
compliance with the terms of this Agreement.
(b) Income certifications and re-certifications shall be conducted by the Below
Market Rate Administrator or other agency designated by the Director. Upon request, the Owner
may certify or re-certify the annual income of Tenants on their own, a representative of the Owner
shall attend a workshop or training session hosted by the Administrator. These workshops and
trainings may have associated costs. Should the Owner wish to perform the certifications or
recertifications, the process will be subject to review by the Administrator. The Owner shall not
self-select residents nor conduct initial eligibility screenings.
Section 3.5. Reports to City. The Owner shall submit to the Administrator on or before
July 31st of each year, or at other such interval as mutually agreed by the Parties, and at any other
time at request by the City and upon five (5) business days’ notice to Owner, a report in a form
acceptable to the City to enable the City to verify that the Affordable Units are being occupied by
Eligible Households in compliance with the terms of this Agreement. At a minimum, information
to be submitted shall include:
(a) Certifications of eligibility for all Tenants of Affordable Units at the time
of initial occupancy. Such certification shall include verified income statements and number of
persons in each Affordable Unit.
(b) Certification of the amount of rent charged for the year for all Affordable
Units.
(c) Other information reasonably required by the City and Administrator.
Section 3.6. Inspections. The City reserves the right to inspect the Affordable Units
upon reasonable notice to the Owner to ensure that the Affordable Units are being maintained,
operated, and used consistent with this Agreement and applicable federal, state and local codes.
The Owner agrees to correct all conditions found by such inspections not to conform to the
applicable requirements within ninety (90) days of delivery of written notice from the City, or such
period as necessary to correct the violations as determined by the Director, provided that
corrections are commenced within ninety (90) days and prosecuted diligently to completion.
Failure to maintain the Affordable Units as required by this Agreement or to correct such
conditions shall be a Default, as defined below.
Section 3.7. Management Responsibilities. The Owner is responsible for all
management functions with respect to the Project, including, without limitation, evictions,
collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs,
replacement of capital items, and security. The City shall have no responsibility over management
of the Project.
Section 3.8. Property Maintenance. The City places prime importance on quality
maintenance to ensure that all developments within the City which include Affordable Units are
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not allowed to deteriorate due to below-average maintenance. The Owner shall provide the
Affordable Units with the same level and quality of maintenance, including performance of repairs
and periodic replacement of fixtures as the other units in the Project. The Owner agrees that it or
its agents will maintain all interior and exterior improvements, including landscaping, on the
Property in good condition and repair (and, as to landscaping, in a healthy condition) and in
accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state,
county, municipal, and other governmental agencies and bodies having or claiming jurisdiction
and all their respective departments, bureaus, and officials.
Section 3.9. Taxes and Assessments. The Owner shall pay all real and personal property
taxes, assessments, if any, and charges and all franchise, income, employment, old age benefit,
withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such
manner as to prevent any penalty from accruing, or any lien or charge from attaching to the
Property; provided, however, that the Owner shall have the right to contest in good faith, any such
taxes, assessments, or charges. In the event the Owner exercises its right to contest any tax,
assessment, or charge against it, the Owner, on final determination of the proceeding or contest,
shall immediately pay or discharge any decision or judgment rendered against it, together with all
costs, charges and interest.
Section 3.10. Laws and Regulations. The Owner acknowledges that Owner is familiar
with and will comply with all local and State laws and regulations that pertain to construction,
health and safety, labor (including payment of prevailing wages if applicable), fair housing
practices, equal opportunity and all other matters applicable to maintaining sound, safe and
affordable rental housing.
Section 3.11. Residential Use. None of the Affordable Units in the Project will at any
time be utilized on a transient basis or will ever be used as a hotel, motel, homestay, dormitory,
fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court
or park, nor shall the Affordable Units be used as a place of business except as may otherwise be
allowed by applicable law.
Section 3.12. Nondiscrimination. All of the Affordable Units shall be available for
occupancy on a continuous basis to members of the general public who are income eligible. There
shall be no discrimination against or segregation of any person or group of persons, on account of
race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, familial status, sex, gender, gender identity, gender
expression, age, sexual orientation, source of income, or veteran or military status in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of any Affordable Unit, nor shall
Owner or any person claiming under or through the Owner, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location, number, use,
or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Affordable Unit or in
connection with the employment of persons for the operation and management of the Project.
Section 3.13. Housing Voucher Holders. The Owner shall accept as tenants, on the same
basis as all other prospective tenants, persons who are recipients of certificates for rent subsidies
pursuant to the existing housing program under Section 8 of the United States Housing Act, or its
successor, or any other program in which lawful, verifiable income is paid to a tenant or to a
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housing provider on behalf of a Tenant. The Owner shall not apply selection criteria to holders of
Section 8 certificate or similar certificates or vouchers that is more burdensome than criteria
applied to all other prospective tenants, nor shall the Owner apply or permit the application of
management policies or lease provisions with respect to the Project which have the effect of
precluding occupancy of units by such prospective tenants.
Section 3.14. Notice of Expiration of Term. At least six (6) months prior to the expiration
of the Term, Owner shall provide by first-class mail, postage prepaid, a notice to all Tenants of the
Affordable Units containing (a) the anticipated date of the expiration of the Term, (b) any
anticipated increase in Rent upon the expiration of the Term, and (c) a statement that a copy of
such notice will be sent to City. The Owner shall also file a copy of the above-described notices
with City.
ARTICLE 4.
ENFORCEMENT
Section 4.1. Covenants Running with the Land. The requirements of this Agreement
shall be covenants running with the land as defined in California Civil Code Section 1460 and
shall apply to the Property. Pursuant to Civil Code Section 1468, which governs such covenants,
the provisions of this Agreement shall be binding upon all Parties having any right, title, or interest
in the Property, or any portion thereof and on their heirs, successors in interest and assigns for the
Term. The Parties agree that all future deeds or transfers of interest regarding the Property shall
show the restrictions of this Agreement for the Term.
Section 4.2. Default. Failure of the Owner to satisfy any of Owner's obligations under
the terms of this Agreement within ninety (90) days after the delivery of a notice of default from
the City will constitute a default under this Agreement ("Default"). In addition to remedies for
breach of this Agreement, the City may exercise any and all remedies available to it under the
Municipal Code or other any other provision of law or equity, including but not limited to:
(a) withholding, conditioning, suspending or revoking any Project Approvals,
including without limitation final inspections for occupancy and/or the issuance of certificates of
occupancy;
(b) instituting against the Owner, or other parties, a civil action for declaratory
relief, injunction or any other equitable relief, or relief at law, including without limitation an
action to rescind a transaction and/or to require repayment of any funds received in connection
with such a violation;
(c) where one or more persons have received financial benefit as a result of
violation of this Agreement, the City may assess, and institute legal action to recover as necessary,
a penalty in any amount up to and including the amount of financial benefit received, in addition
to recovery of the benefit received; and
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(d) requiring the Owner or his/her successors in interest to the Property to pay
the City rent or any other payment received by the Owner for the Affordable Unit from the date of
any unauthorized use of the Affordable Unit or in excess of the applicable Affordable Rent.
Section 4.3. Protest. Owner acknowledges and agrees that the Project Approvals
referenced in the Recitals, which are incorporated herein, provided adequate and proper notice
pursuant to Government Code Section 66020 of Owner's right to protest any requirements for fees,
dedications, reservations, and other exactions as may be included in this Agreement, that no protest
in compliance with Section 66020 was made within ninety (90) days of the date that notice was
given, and that the period has expired in which Owner may protest any and all fees, dedications,
reservations, and other exactions as may be included in this Agreement.
Section 4.4. Attorney's Fees and Costs. If either Party takes or commences any actions
or proceedings, including litigation or arbitration, against the other by reason of any breach or
claimed breach of any provision of, or in any way connected with, this Agreement, or seeks a
judicial declaration of rights under this Agreement, the Party prevailing in such action or
proceeding shall be entitled to recover from the other Party the prevailing Party's reasonable
attorney's fees and costs, including, but not limited to, all expert witness fees, other witness fees
and associated expenses, whether or not the proceeding or action proceeds to judgment.
ARTICLE 5.
GENERAL PROVISIONS
Section 5.1. Appointment of Other Agencies. At its sole discretion, the City may
designate, appoint or contract with any other public agency, for-profit or non-profit organization
to perform some or all of the City's obligations under this Agreement.
Section 5.2. Records. The Owner shall retain all records related to compliance with
obligations under this Agreement for a period not less than five (5) years from the date of
origination of such records and make the records available to City employees or others designated
by the City for inspection and copying upon five (5) business days' written notice. The City shall
be entitled to monitor compliance with this Agreement and the Owner shall cooperate with City
monitoring, including obtaining Tenant Affordable Rent and Household Income verification upon
request of the City.
Section 5.3. Hold Harmless. Except for the sole negligence of the City, Owner shall
defend, indemnify and hold harmless (without limit as to amount) City and its elected officials,
officers, employees, agents, their successors and assignees (the “City Indemnitees”) , and any of
them, from and against all loss, all risk of loss and all damage (including expenses and attorney's
fees) sustained or incurred because of or by reason of any and all claims, demands, suits, actions,
judgments or executions for damages of any and every kind and by whomever and whenever made
or obtained, allegedly caused by, arising out of or relating in any manner to the Project, the
Affordable Units, or Owner's performance or non-performance under this Agreement, including
claims pursuant to California Labor Code Section 1720 et seq.. In the event City Indemnitees are
made a party to any action, lawsuit or other adversarial proceeding arising from Owner’s
performance of this Agreement, Owner shall provide a defense to the City Indemnitees or at the
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City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal
fees, incurred in defense of such claims. The provisions of this Section shall survive expiration or
other termination of this Agreement or any release of part or all of the Property from the burdens
of this Agreement, and the provisions of this Section shall remain in full force and effect.
Section 5.4. Notices. All notices required pursuant to this Agreement shall be in writing
and may be given by personal delivery or by registered or certified mail, return receipt requested,
to the Party to receive such notice at the addressed set forth below:
TO THE CITY:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
WITH COPY TO:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: City Attorney
TO THE OWNER:
Laurel Creek, LP
505 Bath Street
Santa Barbara, CA 93101
Attn: _________________
Any notice shall be deemed delivered on the first business day that delivery is attempted or upon
receipt, whichever is sooner. As used herein, "business day" means any day other than a Saturday,
Sunday, or any state or federal holiday on which financial institutions in San Luis Obispo County
are authorized or required to close for observance thereof. Any Party may change the address to
which notices are to be sent by notifying the other Parties of the new address, in the manner set
forth above.
Section 5.5. Transfers. For purposes of this Agreement, "Transfer" means any sale,
assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under the
Agreement; and/or (ii) any interest in the Project, including (but not limited to) a fee simple
interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security
interest, or an interest evidenced by a land contract by which possession of the Project is transferred
and Owner retains title. The term "Transfer" excludes the leasing of any single unit in the Project
to an occupant in compliance with this Agreement.
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(a) Future Transfers of the Property shall ensure that the Transfer does not
affect the timing and/or number of Affordable Units provided within the Project and as described
by this Agreement.
(b) In the event of a proposed Transfer by Owner, Owner agrees to provide City
at least thirty days written notice of such proposed assignment prior to the proposed transfer and
shall provide satisfactory evidence that the assignee will assume in writing, through an assignment
and assumption agreement, all obligations of Owner under this Agreement. Notwithstanding the
foregoing: (i) the terms, covenants and conditions of this Agreement shall be binding upon any
transferee whether or not such an assignment and assumption agreement is signed by the assignee;
and (ii) no such transfer shall relieve the Owner (“Transferor”) of any obligations under this
Agreement.
(c) For all proposed Transfers, Owner shall provide to City an assignment and
assumption agreement a form reasonably satisfactory to the City Attorney.
(d) All of the terms, covenants and conditions of this Agreement shall inure to
the benefit of the City and its successors and assigns and shall be binding upon the Owner and any
successors in interest to Owner’s interest in this Agreement, the Project or the Property or any part
thereof. The covenants shall run in favor of the City and its successors and assigns for the entire
period of the Term. The City and its successor and assigns, in the event of any breach of any such
covenants, shall have the right to exercise all of the rights and remedies, and to maintain any
actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.
Whenever the term “Owner” is used in this Agreement, such term shall include any other
successors and assigns as herein provided.
Section 5.6. Integrated Agreement. This Agreement sets forth the full and entire
understanding of the Parties regarding the matter set forth herein. Any other prior or existing
understandings or agreements by the Parties, whether formal or informal, regarding any matters
addressed within this Agreement are hereby superseded or terminated in their entirety.
Section 5.7. Each Party's Role in Drafting the Agreement. Each Party to this Agreement
has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning
of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely
upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the
Agreement.
Section 5.8. Amendment of Agreement. No changes, amendments, or alterations to this
Agreement shall be effective unless in writing and signed by all Parties hereto. Major amendments
to this Agreement shall be subject to the review and approval of the decision-making body which
approved the Project Approvals. Minor amendments to this Agreement may be approved by the
Director. Upon approval, a new Agreement containing the amendments shall be executed and
recorded.
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Section 5.9. Applicable Law. This Agreement shall be governed by California law.
Venue shall be the County of San Luis Obispo.
Section 5.10. Waivers. Any waiver by the City of any obligation or condition in this
Agreement must be in writing. No waiver will be implied from any delay or failure by the City to
take action on any breach or default of Owner or to pursue any remedy allowed under this
Agreement or applicable law. Any extension of time granted to Owner to perform any obligation
under this Agreement shall not operate as a waiver or release from any of its obligations under this
Agreement. Consent by the City to any act or omission by Owner shall not be construed to be a
consent to any other or subsequent act or omission or to waive the requirement for the City's written
consent to future waivers.
Section 5.11. Title of Parts and Sections. Any titles of the sections, subsections, or
subparagraphs of this Agreement are inserted for convenience of reference only and shall be
disregarded in interpreting any part of the Agreement's provisions.
Section 5.12. Multiple Originals; Counterpart. This Agreement may be executed in
multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
Section 5.13. Recording of Agreement. This Agreement shall be recorded against the
Property in the Official Records of the County of San Luis Obispo prior to the recordation of any
parcel map or final subdivision map or issuance of any building permit for the Project, whichever
occurs first, unless an alternate phasing plan has been approved as part of the Project Approvals.
Section 5.14. Severability. In the event any limitation, condition, restriction, covenant, or
provision contained in this Agreement is to be held invalid, void or unenforceable by any court of
competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain
in full force and effect.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the
day and year first above written.
OWNER:
Laurel Creek LP, a California limited
partnership
By:_____________________
Its:_____________________
CITY:
City of San Luis Obispo, a California charter city and municipal corporation
By: ________________________
Timothea “Timmi” Tway, Community Development Director
APPROVED AS TO FORM AND LEGAL EFFECT:
By:____________________
Christine Dietrick, City Attorney
1808\03\1835187.4
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Seal Above)
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
1808\03\1835187.4
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Seal Above)
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
1808\03\1835187.4 A-1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL A:
(Parcel 1 of SLO AL 22-0011 – Doc. #2022-032524)
Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19-0114, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to map recorded November 25, 2020 in Book
82, Page 82 of Parcel Maps, filed in the office of the County Recorder of said County, lying southerly and
southwesterly of the following described line:
Beginning at the southeasterly corner of said Parcel 2, being a point in the westerly right of way line of
Laurel Lane, 81.00 feet wide, as shown on said map; thence along the southerly line of said Parcel 2,
North 57°16’14” West 337.08 feet, to an angle point on said line; thence South 48°53’54” West 51.39
feet to a point on said line; thence leaving said line, North 57°36’19” West 28.10 feet; thence North
12°17’31” West 24.98 feet; thence North 57°12’35” West 168.58 feet; thence North 32°42’19” East 50.90
feet; thence North 57°17’41” West 290.55 feet; thence South 32°42’19” West 16.63 feet; thence North
57°17’41” West 275.64 feet, more or less, to a point on the westerly line of said Parcel 1, distant South
41°13’29” West 117.83 feet from the most northerly corner of said Parcel 1 as shown on said map.
PARCEL A-1:
Non-exclusive easements for access, parking and utilities and incidental rights thereto as set forth in that
certain document entitled, "Reciprocal Easement Agreement and Declaration of Covenants, Conditions
and Restrictions" recorded on November 25, 2020 as instrument no. 2020-69315, San Luis Obispo County
Official Records.
Portion of 004-962-034 and Portion of 004-962-035 Commented [GO2]: Need new legal description from Cristi
1808\03\1835187.4 B-1
EXHIBIT B
MAP SHOWING LOCATION OF AFFORDABLE UNITS AND SCHEDULE OF
AFFORDABLE UNITS
Unit Number Square Footage Bedroom Count Affordability
Commented [GO3]: Provide Map of Unit and Complete Table
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12767-0008\2769111v2.doc
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
With a copy to:
APN(s): ________________
SPACE ABOVE THIS LINE FOR RECORDER’S USE
This Subordination Agreement is recorded for the benefit of the City of San Luis Obispo
and is exempt from recording fees pursuant to Sections 6103, 27383 and 27388.1
of the California Government Code.
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER SECURITY INSTRUMENT
THIS SUBORDINATION AGREEMENT (“Subordination Agreement”) is dated
, 202_, and is entered into by Laurel Creek, LP, a California limited
partnership, the owner (“Owner”) of the land described on Exhibit “A” and the improvements
thereon (“Property”), by the present owner and holder of the CPIF California LLC, a California
limited liability company, as beneficiaries under the deed of trust hereinafter described
(hereinafter collectively referred to as “Beneficiary), and by the City of San Luis Obispo, a
municipal corporation (“City”) as a party to that certain Affordable Housing Agreement and
Declaration of Restrictive Covenants (Laurel Creek Apartments) executed by Owner in favor of City
with respect to the Property.
RECITALS
A. Beneficiary has made a $44,500,000.00 loan to Owner as an equity line/revolving
line of credit, which is secured by a deed of trust dated March 31, 2021, recorded on April 1, 2021,
as Instrument No. 2019-031550 in the Official Records of San Luis Obispo County, California
(“Official Records”).
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12767-0008\2769111v2.doc
B. The City and Owner have entered into an Affordable Housing Agreement and
Declaration of Restrictive Covenants Laurel Creek Apartments dated _____________, 202__,
and recorded in the Official Records concurrently herewith (“Affordable Housing Agreement”),
that requires Owner to construct and either rent or offer for sale certain dwelling units on the
Property to households of certain income levels at certain affordable rents or prices, in accordance
with the City’s Inclusionary Housing Ordinance and the conditions of approval of the project
known as the Laurel Creek Apartments on the Property.
C. City requires that such Affordable Housing Agreement not be extinguished upon a
foreclosure of the Deed of Trust, and that Owner and Beneficiary execute, acknowledge and deliver
this Subordination Agreement for recording in the Official Records to confirm such Affordable
Housing Agreement will survive the foreclosure of the Deed of Trust.
D. City would not grant approval of the (Laurel Creek Apartments) without this
Subordination Agreement.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto
and other valuable consideration, the sufficiency of which is hereby acknowledged, it is hereby
declared, understood, and agreed as follows:
1. The Affordable Housing Agreement, and the covenants and restrictions therein, and
all amendments, modifications, extensions and renewals thereof, shall be and
remain at all times an encumbrance on the Property prior and superior to the lien of
the Deed of Trust, and as it may be further amended, restated, replaced,
supplemented or otherwise modified from time to time. The Beneficiaries further
agree that should the Beneficiaries acquire title to all or any portion of the Property
by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure, or any
other remedy in or relating to the Deed of Trust, the undersigned Beneficiary will
acquire title subject to the provisions of the Affordable Housing Agreement, which
shall remain in full force and effect. Notwithstanding the foregoing, the payment
obligations under the Affordable Housing Agreement, contingent or otherwise, will
not be accelerated by foreclosure or deed-in-lieu of foreclosure of the Deed of
Trust, but will remain due and owing in accordance with the express terms and time
periods set forth in the Affordable Housing Agreement.
2. This Subordination Agreement shall be the whole and only agreement with regard
to such subordination of the Deed of Trust to the Affordable Housing Agreement.
3. This Subordination Agreement shall be binding upon Owner, Beneficiaries and
City and shall insure to the benefit of the respective legal successors, transferees
and assigns of the Owner, Beneficiaries and City.
4. This Subordination Agreement shall be governed by the laws of the State of
California.
5. If any provision of this Subordination Agreement shall be determined to be invalid
or unenforceable to any extent, then the other provisions hereof shall not be affected
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12767-0008\2769111v2.doc
thereby and shall be enforceable to the full extent permitted by applicable law.
6. This Subordination Agreement may be executed in counterparts, which
counterparts shall be construed as a single document and have the same effect as if
all of the parties had executed the same instrument.
[Remainder of this page intentionally left blank]
[Signatures appear on next page]
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IN WITNESS WHEREOF, this Subordination Agreement has been executed as of the date
first above written.
CITY: CITY OF SAN LUIS OBISPO,
a municipal corporation
By:
Print Name: Timothea “Timmi” Tway
Title: Community Development Director
APPROVED AS TO FORM:
J. Christine Dietrick, City Attorney
OWNER: Laurel Creek, LP,
a California limited liability company
By:
Print Name:
Title: __
BENEFICIARY: CPIF California, LLC, a California limited liability
company
By:
Print Name:
Title: _______________________________
Commented [GO1]: Please confirm appropriate contacts
for signatures
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12767-0008\2769111v2.doc
EXHIBIT "A"
DESCRIPTION OF PROPERTY
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
PARCEL A:
(Parcel 1 of SLO AL 22-0011 – Doc. #2022-032524)
Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19-0114, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to map recorded November 25, 2020 in Book
82, Page 82 of Parcel Maps, filed in the office of the County Recorder of said County, lying southerly and
southwesterly of the following described line:
Beginning at the southeasterly corner of said Parcel 2, being a point in the westerly right of way line of
Laurel Lane, 81.00 feet wide, as shown on said map; thence along the southerly line of said Parcel 2,
North 57°16’14” West 337.08 feet, to an angle point on said line; thence South 48°53’54” West 51.39
feet to a point on said line; thence leaving said line, North 57°36’19” West 28.10 feet; thence North
12°17’31” West 24.98 feet; thence North 57°12’35” West 168.58 feet; thence North 32°42’19” East
50.90 feet; thence North 57°17’41” West 290.55 feet; thence South 32°42’19” West 16.63 feet; thence
North 57°17’41” West 275.64 feet, more or less, to a point on the westerly line of said Parcel 1, distant
South 41°13’29” West 117.83 feet from the most northerly corner of said Parcel 1 as shown on said
map.
PARCEL A-1:
Non-exclusive easements for access, parking and utilities and incidental rights thereto as set forth in
that certain document entitled, "Reciprocal Easement Agreement and Declaration of Covenants,
Conditions and Restrictions" recorded on November 25, 2020 as instrument no. 2020-69315, San Luis
Obispo County Official Records. Portion of 004-962-034 and Portion of 004-962-035
-6-
12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
-7-
12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
-8-
12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
1
From:Goode, Owen
Sent:Thursday, August 17, 2023 2:23 PM
To:Cristi Fry; Symens, Sadie; Hanh, Hannah
Subject:RE: Affordable Housing Agreement - Laurel Creek
Attachments:Developer For-Rent Affordable Housing Agreement_Laurel Creek Apartments.docx;
Subordination Agreement Laurel Creek Apartments.docx
Good afternoon, Cristi,
Attached are drafts of the Rental Affordability Agreement for 1150 Laurel Lane with the Subordination agreement.
Please review the drafts and let us know if you have any questions. I did add comments requesting confirmation of the
affordable unit (suite number and location), as well as requesting confirmation on authorized signatories for both
documents. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 3:33 PM
To: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>; Goode, Owen <ogoode@slocity.org>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
If it helps, the owner's representative says there is a bond in place for the lien with California Electric Supply.
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
2
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-built
condition.
---------- Forwarded message ---------
From: Jonathan Branoff <Jonathan@westpacinv.com>
Date: Tue, Aug 15, 2023 at 3:03 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Chuck Braff <chuck@westpacinv.com>, Patrick Smith <psmith@westpacinv.com>
There is a bond in place for the lien with California Electric Supply
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:35 PM
To: Chuck Braff <chuck@westpacinv.com>; Patrick Smith <psmith@westpacinv.com>; Jonathan Branoff
<Jonathan@westpacinv.com>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
Has the mechanic's lien been resolved?
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-built
condition.
3
---------- Forwarded message ---------
From: Goode, Owen <ogoode@slocity.org>
Date: Tue, Aug 15, 2023 at 1:31 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Symens, Sadie <ssymens@slocity.org>
Hi Cristi,
I’m working on the affordable housing rental agreement right now for your team. While affordable housing agreements
do not require a lender’s signature, lenders that record liens against the property will be required to sign the
subordination agreement. Sadie is helping me complete the subordination agreement for this project. Can you please
confirm if the mechanic’s lien filed by California Electric Supply been resolved? This will help Sadie with the
completion of the subordination agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:27 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
I was going off that assumption, based on email from Kyle. I am coordinating lender signatures now, so please let me know as
soon as possible.
4
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
5
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-built
condition.
On Tue, Aug 15, 2023 at 12:27 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
I’ve been working with Owen on a subordination agreement for the affordable housing agreement, and I’m not sure I
understand your statement that the AHA does not need lender subordination; can you please explain why?
Also, Owen may have already reached out about this, but do you know if the mechanic’s lien filed by California
Electric Supply been resolved?
Thank you,
Sadie
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 12:00 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: La Chaine, Steve <slachaine@slocity.org>; Chuck Braff <chuck@westpacinv.com>; Stong, Nate <nstong@slocity.org>;
Symens, Sadie <ssymens@slocity.org>; Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hello Hannah,
We are still awaiting the Affordable Housing Agreement (which does not need lender subordination). What is the ETA on the
Affordable Housing Agreement?
6
Please confirm we are good to send the attached Joint Use Agreement (Sadie has approved) and attached Notice of
Requirements (Steve laChaine prepared) for owner and lender signatures. These documents both need lender subordination.
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
On Tue, Aug 8, 2023 at 2:54 PM Goode, Owen <ogoode@slocity.org> wrote:
This works thanks Steve. Cristi, please disregard my request. Thanks everyone.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
7
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: La Chaine, Steve <slachaine@slocity.org>
Sent: Tuesday, August 8, 2023 2:51 PM
To: Goode, Owen <ogoode@slocity.org>; Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Check if links work on this one.
Steve
From: Goode, Owen <ogoode@slocity.org>
Sent: Tuesday, August 8, 2023 2:48 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; La Chaine, Steve <slachaine@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Can we please receive a preliminary title report where the recorded documents are linked for review so that we may
draft the subordination agreement appropriately? Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
8
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Monday, August 7, 2023 11:15 AM
To: Goode, Owen <ogoode@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; La Chaine, Steve <slachaine@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Owen,
thank you for the update
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
9
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
On Mon, Aug 7, 2023 at 10:47 AM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi,
I wanted to follow up with you to provide you a status update on your affordability agreement for Laurel Creek
Apartments. Our team has been working to update our Affordable Housing Rental Agreement Templates which is
why we had been delayed in providing a draft. I am drafting the subordination agreement for the project today and
will complete the draft rental agreement as soon as we hear back from our attorney’s office on our current draft of
the template. Please reach out to me directly if you have any questions regarding your affordable housing rental
agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Tuesday, July 11, 2023 1:45 PM
To: cristi@coast-inc.com
Cc: Hanh, Hannah <hhanh@slocity.org>
Subject: Affordable Housing Agreement - Laurel Creek
10
Hi Cristi,
My name is Owen Goode and I’m an Assistant Planner for the Housing Policies and Programs Team. I’ll be
providing you with the affordable housing rental agreement this week. Please reach out to me directly with any
affordable housing questions you may have as it pertains to your project at Laurel Creek Apartments. Thank you.
Best,
Owen Goode
Assistant Planner
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
-1-
12767-0008\2769111v2.doc
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
With a copy to:
APN(s): ________________
SPACE ABOVE THIS LINE FOR RECORDER’S USE
This Subordination Agreement is recorded for the benefit of the City of San Luis Obispo
and is exempt from recording fees pursuant to Sections 6103, 27383 and 27388.1
of the California Government Code.
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER SECURITY INSTRUMENT
THIS SUBORDINATION AGREEMENT (“Subordination Agreement”) is dated
, 202_, and is entered into by Laurel Creek, LP, a California limited
partnership, the owner (“Owner”) of the land described on Exhibit “A” and the improvements
thereon (“Property”), by the present owner and holder of the CPIF California LLC, a California
limited liability company, as beneficiaries under the deed of trust hereinafter described
(hereinafter collectively referred to as “Beneficiary), and by the City of San Luis Obispo, a
municipal corporation (“City”) as a party to that certain Affordable Housing Agreement and
Declaration of Restrictive Covenants (Laurel Creek Apartments) executed by Owner in favor of City
with respect to the Property.
RECITALS
A. Beneficiary has made a $44,500,000.00 loan to Owner as an equity line/revolving
line of credit, which is secured by a deed of trust dated March 31, 2021, recorded on April 1, 2021,
as Instrument No. 2019-031550 in the Official Records of San Luis Obispo County, California
(“Official Records”).
-2-
12767-0008\2769111v2.doc
B. The City and Owner have entered into an Affordable Housing Agreement and
Declaration of Restrictive Covenants Laurel Creek Apartments dated _____________, 202__,
and recorded in the Official Records concurrently herewith (“Affordable Housing Agreement”),
that requires Owner to construct and either rent or offer for sale certain dwelling units on the
Property to households of certain income levels at certain affordable rents or prices, in accordance
with the City’s Inclusionary Housing Ordinance and the conditions of approval of the project
known as the Laurel Creek Apartments on the Property.
C. City requires that such Affordable Housing Agreement not be extinguished upon a
foreclosure of the Deed of Trust, and that Owner and Beneficiary execute, acknowledge and deliver
this Subordination Agreement for recording in the Official Records to confirm such Affordable
Housing Agreement will survive the foreclosure of the Deed of Trust.
D. City would not grant approval of the (Laurel Creek Apartments) without this
Subordination Agreement.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto
and other valuable consideration, the sufficiency of which is hereby acknowledged, it is hereby
declared, understood, and agreed as follows:
1. The Affordable Housing Agreement, and the covenants and restrictions therein, and
all amendments, modifications, extensions and renewals thereof, shall be and
remain at all times an encumbrance on the Property prior and superior to the lien of
the Deed of Trust, and as it may be further amended, restated, replaced,
supplemented or otherwise modified from time to time. The Beneficiaries further
agree that should the Beneficiaries acquire title to all or any portion of the Property
by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure, or any
other remedy in or relating to the Deed of Trust, the undersigned Beneficiary will
acquire title subject to the provisions of the Affordable Housing Agreement, which
shall remain in full force and effect. Notwithstanding the foregoing, the payment
obligations under the Affordable Housing Agreement, contingent or otherwise, will
not be accelerated by foreclosure or deed-in-lieu of foreclosure of the Deed of
Trust, but will remain due and owing in accordance with the express terms and time
periods set forth in the Affordable Housing Agreement.
2. This Subordination Agreement shall be the whole and only agreement with regard
to such subordination of the Deed of Trust to the Affordable Housing Agreement.
3. This Subordination Agreement shall be binding upon Owner, Beneficiaries and
City and shall insure to the benefit of the respective legal successors, transferees
and assigns of the Owner, Beneficiaries and City.
4. This Subordination Agreement shall be governed by the laws of the State of
California.
5. If any provision of this Subordination Agreement shall be determined to be invalid
or unenforceable to any extent, then the other provisions hereof shall not be affected
-3-
12767-0008\2769111v2.doc
thereby and shall be enforceable to the full extent permitted by applicable law.
6. This Subordination Agreement may be executed in counterparts, which
counterparts shall be construed as a single document and have the same effect as if
all of the parties had executed the same instrument.
[Remainder of this page intentionally left blank]
[Signatures appear on next page]
-4-
12767-0008\2769111v2.doc
IN WITNESS WHEREOF, this Subordination Agreement has been executed as of the date
first above written.
CITY: CITY OF SAN LUIS OBISPO,
a municipal corporation
By:
Print Name: Timothea “Timmi” Tway
Title: Community Development Director
APPROVED AS TO FORM:
J. Christine Dietrick, City Attorney
OWNER: Laurel Creek, LP,
a California limited liability company
By:
Print Name:
Title: __
BENEFICIARY: CPIF California, LLC, a California limited liability
company
By:
Print Name:
Title: _______________________________
Commented [GO1]: Please confirm appropriate contacts
for signatures
-5-
12767-0008\2769111v2.doc
EXHIBIT "A"
DESCRIPTION OF PROPERTY
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
PARCEL A:
(Parcel 1 of SLO AL 22-0011 – Doc. #2022-032524)
Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19-0114, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to map recorded November 25, 2020 in Book
82, Page 82 of Parcel Maps, filed in the office of the County Recorder of said County, lying southerly and
southwesterly of the following described line:
Beginning at the southeasterly corner of said Parcel 2, being a point in the westerly right of way line of
Laurel Lane, 81.00 feet wide, as shown on said map; thence along the southerly line of said Parcel 2,
North 57°16’14” West 337.08 feet, to an angle point on said line; thence South 48°53’54” West 51.39
feet to a point on said line; thence leaving said line, North 57°36’19” West 28.10 feet; thence North
12°17’31” West 24.98 feet; thence North 57°12’35” West 168.58 feet; thence North 32°42’19” East
50.90 feet; thence North 57°17’41” West 290.55 feet; thence South 32°42’19” West 16.63 feet; thence
North 57°17’41” West 275.64 feet, more or less, to a point on the westerly line of said Parcel 1, distant
South 41°13’29” West 117.83 feet from the most northerly corner of said Parcel 1 as shown on said
map.
PARCEL A-1:
Non-exclusive easements for access, parking and utilities and incidental rights thereto as set forth in
that certain document entitled, "Reciprocal Easement Agreement and Declaration of Covenants,
Conditions and Restrictions" recorded on November 25, 2020 as instrument no. 2020-69315, San Luis
Obispo County Official Records. Portion of 004-962-034 and Portion of 004-962-035
-6-
12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
-7-
12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
-8-
12767-0008\2769111v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
No fee for recording pursuant to (Space above for Recorder's Use)
Government Code Section 27383
BELOW MARKET RATE RENTAL HOUSING AGREEMENT AND DECLARATION
OF RESTRICTIVE COVENANTS
(Below Market Rate Rental Unit 1150 Laurel Lane, Unit ______] for
Laurel Creek Apartments
This BELOW MARKET RATE RENTAL HOUSING RENTAL RESTRICTION
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS ("Agreement") is
made and entered into on this ______ day of __________________, 20__, by and between the
City of San Luis Obispo, a California charter city and municipal corporation (the "City"), and
Laurel Creek, LP, (the "Owner"), collectively referred to as the "Parties."
RECITALS
A. Owner is the owner of certain real property located at 1150 Laurel Lane in the City,
which is more particularly described in attached Exhibit A incorporated herein by this reference
(the "Property").
B. On November 18, 2020, the Planning Commission adopted Resolution No. PC-
1027-2020 (ARCH-0227-2020 & USE-0228-2020) (the "Project Approvals") to approve
Owner's construction of 100 residential units on the Property (the "Project").
C. To satisfy the Project’s requirements under the City’s Inclusionary Housing
Ordinance, Municipal Code Chapter 17.138, (the “Inclusionary Housing Ordinance”) the
Parties have agreed that the Owner is required to rent 1 low- or moderate-income dwelling unit
(the “Affordable Units”), as shown in Exhibit B, and in conformance with the income limits as
published by the State Department of Housing and Community Development.
D. Rental prices are described herein and established by the City’s “Below Market
Rate Housing Standards” and the “Below Market Rate Rental Housing Guidelines” published
by the City’s Community Development Department.
E. Pursuant to the Inclusionary Housing Ordinance and the Below Market Rate
Housing Standards, the Owner is required maintain the affordability of the Affordable Unit for a
Commented [GO1]: Identify Unit Number
Commented [GO2]: Please confirm correct and not LLC
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period of fifty-five (55) years from the date of the issuance of the occupancy permit for the
Affordable Unit (the "Affordability Period"). To ensure continued affordability and in
accordance with Government Code Section 27281.5, this Agreement will be recorded against the
Property with the Clerk-Recorder of the County of San Luis Obispo.
F. Owner acknowledges and agrees that the Project Approvals provided adequate and
proper notice pursuant to Government Code Section 66020 of Owner's right to protest any
requirements for fees, dedications, reservations, and other exactions as may be included in this
Agreement, that no protest in compliance with Section 66020 was made within ninety (90) days
of the date that notice was given, and that the period has expired in which Owner may protest any
and all fees, dedications, reservations, and other exactions as may be included in this Agreement.
AGREEMENT
NOW, THEREFORE, the Parties agree and acknowledge that the above recitals are true
and accurate, and are incorporated into this Agreement by this reference, and the Parties mutually
acknowledge and agree as follows:
ARTICLE 1.
DEFINITIONS AND EXHIBITS
Section 1.1. Recitals. The recitals set forth above are true and correct and incorporated
herein as if set forth in full.
Section 1.2. Definitions. In addition to terms defined elsewhere in this Agreement, the
following terms have the following meanings in this Agreement:
(a) “Administrator” means Below Market Rate Program Administrator which
may either be the City itself or a third-party administrator acting as an agent for the City in
connection with all aspects of the operation of the City's Below Market Rate program pursuant to
an Agreement entered into between the City and the Administrator, as such Agreement may be
amended or replaced from time to time.
(b) "Affordable Rent" means the maximum total of monthly payments by the
Tenant of an Affordable Unit, which is to be calculated in accordance with the formula provided
in the City of San Luis Obispo Below Market Rate Housing Standards.
(c) “Affordable Units” means the Units which are required by this Agreement
to be rented to Eligible Households at an Affordable Rent.
(d) “Area Median Income” shall mean the median gross yearly income
adjusted for assumed Household Size, in San Luis Obispo County, California, as published and
periodically updated by the State Department of Housing and Community Development (HCD),
or in the event that such income determinations are no longer published or are not updated for a
period of at least eighteen (18) months, the median gross yearly income adjusted for assumed
Household Size, in San Luis Obispo County, California as published and periodically updated by
the Department of Housing and Urban Development (HUD).
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(e) "Director" means the Community Development Director of the City or the
Director’s assignee.
(f) "Eligible Household" means a household which has been determined by
the Administrator or other agency designated by the Director to be eligible to rent an Affordable
Unit as a Low- or Moderate- Income Household, in compliance with the Below Market Rate
Housing Standards and this Agreement.
(g) "Eligibility Screening" is defined as the process of determining eligibility
in accordance with the City’s Below Market Rate Housing Standards and Below Market Rate
Rental Housing Guidelines.
(g) "Household Income" means the combined gross, pre-tax income of all
adult occupants of the applicant household.
(h) "Household Size" shall mean the actual number of persons residing within
the applicable household.
(i) "Income Certification" means a Tenant’s initial income
certification/certificate of resident eligibility, and includes all sources used in verifying income
and assets (including, but not limited to, third party verification, checking and savings accounts,
pay stubs, verification of assets, etc.).
(j) "Low Income Household - " is defined in the City of San Luis Obispo's
Below Market Rate Housing Standards and means a household with a Household Income that does
not exceed 80% of the Area Median Income.
(k) "Moderate Income Household - " is defined in the City of San Luis
Obispo's Below Market Rate Housing Standards and means a household with a Household Income
that does not exceed 120% of the Area Median Income.
(l) “Marketing” or “Market” is defined as a service in which the Owner or
Administrator will Market the vacancy of a new and/or existing Affordable Unit(s). Marketing
may utilize social media and in-person outreach as well as the listing of the Affordable Unit on the
Administrator’s website.
(m) “Opportunity Drawing” is defined as the process in which interested
households are put into an interest list for a specific Affordable Unit that is being marketed. This
list is ordered based on the preferences set forth in the City’s Below Market Rate Rental Housing
Guidelines, in the order that the Eligible Household applied for the Affordable Unit, and then
randomized thereafter.
(n) "Tenant" is a household occupying an Affordable Unit pursuant to a valid
lease with the Owner.
(o) "Term" shall mean the term of this Agreement, which shall be in effect for
a fifty-five (55) year period from the date that a certificate of occupancy is issued for the last
Affordable Unit to be completed.
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Section 1.3. Exhibits. The following exhibits are attached to this Agreement:
Exhibit A Legal Description of the Property
Exhibit B Map Showing Location of Affordable Units and Schedule of Affordable
Units.
ARTICLE 2.
CONSTRUCTION OF PROJECT AND AFFORDABLE UNITS
Section 2.1. Construction of Affordable Units. The Parties have agreed that the Owner
shall construct and make available one unit as Affordable Units in the Project on the Property for
the duration of the Term.
Section 2.2. Design and Appearance of Affordable Units. The Owner agrees to provide
the Affordable Units with a bedroom count mix of one studio unit in the location shown and
described on Exhibit B during the Term, in conformance with the rental prices and income limits
established by the Below Market Rate Housing Standards. If, after recordation of this Agreement,
the Owner proposes to change the bedroom size or affordability level of any Affordable Units
within the Project, the Owner shall submit a written request to amend this Agreement for such
change to the Director, who shall have sole discretion to approve or deny such request
(amendments shall comply with Section of 5.8 of this Agreement). Tenants in all Affordable Units
shall have equal access to and enjoyment of all common facilities of the Project.
Section 2.3. Construction Timing. The Affordable Units shall be constructed in
proportion to construction of the other units in the Project pursuant to the schedule in Exhibit B.
No certificates of occupancy or final inspections shall be issued for any units in the Project unless
a proportional number (generally one certificate of occupancy for an Affordable Unit for each 50
other units issued certificates of occupancy) of certificates of occupancy or final inspections have
been issued for Affordable Units unless an alternate phasing plan has been approved as part of the
Project approvals.
ARTICLE 3.
RENTAL AND REGULATORY PROVISIONS
Section 3.1. Affordability and Occupancy Covenants. The Owner agrees to rent to and
restrict occupancy of the Affordable Units to Eligible Households earning not more than the
income levels which are set forth in City’s Below Market Rate Housing Standards and as more
particularly described in Exhibit B. The Affordable Units shall be used exclusively for rental
housing for the Term. The Affordable Units shall not be kept vacant or used for any purpose
except for residential use and shall be offered for rent only to Eligible Households at Affordable
Rents in compliance with Exhibit B.
(a) Schedule of Affordable Rents. The City has provided the Owner with a
schedule of Affordable Rents for the Affordable Units in effect on the date of this Agreement.
Affordable Rents may be adjusted annually in accordance with the rent limits set forth in the City’s
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Below Market Rate Housing Standards. The Owner shall not charge any fee other than rent
inclusive of cost of utilities (utilities are limited to: water, sewer, electricity, gas, garbage,
recycling, and green waste) to any Tenant of Affordable Units for any housing or other services
provided by Owner.
(b) In the event a Tenant’s income exceeds the qualifying income for the
Affordable Unit, Owner shall not be entitled to any rent in excess of the Affordable Rent for the
Affordable Unit. If, upon recertification of a Tenant's income, the Owner and the City’s Below
Market Rate Administrator determine that the Tenant's income has increased and exceeds the
qualifying income for the Affordable Unit’s designated household income threshold, then Owner
shall serve or cause to be served upon the Tenant a ninety (90) day written notice to vacate the
Unit upon discovery that the Tenant’s income exceeds the qualifying income for the Affordable
Unit, if the Tenant is on a month-to-month tenancy. If the over-income Tenant has a fixed-term
lease, the Owner shall serve a written notice at least 90 days prior to the termination of the fixed-
term lease that the tenancy will not be renewed and will automatically terminate upon expiration,
except that if the Owner discovers that the Tenant’s income exceeds the qualifying income less
than 90 days prior to the termination of the fixed-term lease, the Owner shall serve a 90 day written
notice to vacate the unit.
Section 3.2. Services by Administrator . In order to maintain compliance with the City’s
Below Market Rate Housing Program and reporting requirements, the Owner shall utilize the City’s
Administrator or other agency designated by the Director. The Administrator’s services include but
are not limited to marketing of available unit(s), Eligibility Screening, selection of applicants
through an Opportunity Drawing, and re-certifications. Utilization of these services may subject
Owner to additional fees.
Section 3.3. Agreement to Limitation on Rents. The Owner covenants that it has agreed
to limit Rents under Civil Code Sections 1954.52(b) and 1954.53(a)(2), as provided in this
Agreement, in consideration for the Project approved by the City and proposed by the Owner. The
Owner hereby covenants that the certain provisions of Civil Code Section 1954.51 et seq. (the
"Costa-Hawkins Act") do not apply. The Owner hereby covenants that any Affordable Units
provided pursuant to this Agreement are not subject to Civil Code Section 1954.52(a) or any other
provision of the Costa-Hawkins Act inconsistent with controls on rents. The Owner further
covenants that this Agreement complies with all federal, State, and City laws and ordinances and
that the terms of this Agreement are fully enforceable.
Section 3.4. Income Certification. Prior to Owner entering into a lease with a prospective
Tenant of an Affordable Unit, the prospective Tenant’s household shall be certified as an Eligible
Household by the Administrator of the City of San Luis Obispo or other agency designated by the
Director.
(a) The Owner will obtain, complete and maintain on file, immediately prior to
initial occupancy and annually thereafter, income certifications for each Tenant renting any of the
Affordable Units. Owner shall obtain written certification by the Administrator or other agency
designated by the Director that the Affordable Units are being occupied by Eligible Households in
compliance with the terms of this Agreement.
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(b) Income certifications and re-certifications shall be conducted by the Below
Market Rate Administrator or other agency designated by the Director. Upon request, the Owner
may certify or re-certify the annual income of Tenants on their own, a representative of the Owner
shall attend a workshop or training session hosted by the Administrator. These workshops and
trainings may have associated costs. Should the Owner wish to perform the certifications or
recertifications, the process will be subject to review by the Administrator. The Owner shall not
self-select residents nor conduct initial eligibility screenings.
Section 3.5. Reports to City. The Owner shall submit to the Administrator on or before
July 31st of each year, or at other such interval as mutually agreed by the Parties, and at any other
time at request by the City and upon five (5) business days’ notice to Owner, a report in a form
acceptable to the City to enable the City to verify that the Affordable Units are being occupied by
Eligible Households in compliance with the terms of this Agreement. At a minimum, information
to be submitted shall include:
(a) Certifications of eligibility for all Tenants of Affordable Units at the time
of initial occupancy. Such certification shall include verified income statements and number of
persons in each Affordable Unit.
(b) Certification of the amount of rent charged for the year for all Affordable
Units.
(c) Other information reasonably required by the City and Administrator.
Section 3.6. Inspections. The City reserves the right to inspect the Affordable Units
upon reasonable notice to the Owner to ensure that the Affordable Units are being maintained,
operated, and used consistent with this Agreement and applicable federal, state and local codes.
The Owner agrees to correct all conditions found by such inspections not to conform to the
applicable requirements within ninety (90) days of delivery of written notice from the City, or such
period as necessary to correct the violations as determined by the Director, provided that
corrections are commenced within ninety (90) days and prosecuted diligently to completion.
Failure to maintain the Affordable Units as required by this Agreement or to correct such
conditions shall be a Default, as defined below.
Section 3.7. Management Responsibilities. The Owner is responsible for all
management functions with respect to the Project, including, without limitation, evictions,
collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs,
replacement of capital items, and security. The City shall have no responsibility over management
of the Project.
Section 3.8. Property Maintenance. The City places prime importance on quality
maintenance to ensure that all developments within the City which include Affordable Units are
not allowed to deteriorate due to below-average maintenance. The Owner shall provide the
Affordable Units with the same level and quality of maintenance, including performance of repairs
and periodic replacement of fixtures as the other units in the Project. The Owner agrees that it or
its agents will maintain all interior and exterior improvements, including landscaping, on the
Property in good condition and repair (and, as to landscaping, in a healthy condition) and in
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accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state,
county, municipal, and other governmental agencies and bodies having or claiming jurisdiction
and all their respective departments, bureaus, and officials.
Section 3.9. Taxes and Assessments. The Owner shall pay all real and personal property
taxes, assessments, if any, and charges and all franchise, income, employment, old age benefit,
withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such
manner as to prevent any penalty from accruing, or any lien or charge from attaching to the
Property; provided, however, that the Owner shall have the right to contest in good faith, any such
taxes, assessments, or charges. In the event the Owner exercises its right to contest any tax,
assessment, or charge against it, the Owner, on final determination of the proceeding or contest,
shall immediately pay or discharge any decision or judgment rendered against it, together with all
costs, charges and interest.
Section 3.10. Laws and Regulations. The Owner acknowledges that Owner is familiar
with and will comply with all local and State laws and regulations that pertain to construction,
health and safety, labor (including payment of prevailing wages if applicable), fair housing
practices, equal opportunity and all other matters applicable to maintaining sound, safe and
affordable rental housing.
Section 3.11. Residential Use. None of the Affordable Units in the Project will at any
time be utilized on a transient basis or will ever be used as a hotel, motel, homestay, dormitory,
fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court
or park, nor shall the Affordable Units be used as a place of business except as may otherwise be
allowed by applicable law.
Section 3.12. Nondiscrimination. All of the Affordable Units shall be available for
occupancy on a continuous basis to members of the general public who are income eligible. There
shall be no discrimination against or segregation of any person or group of persons, on account of
race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, familial status, sex, gender, gender identity, gender
expression, age, sexual orientation, source of income, or veteran or military status in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of any Affordable Unit, nor shall
Owner or any person claiming under or through the Owner, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location, number, use,
or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Affordable Unit or in
connection with the employment of persons for the operation and management of the Project.
Section 3.13. Housing Voucher Holders. The Owner shall accept as tenants, on the same
basis as all other prospective tenants, persons who are recipients of certificates for rent subsidies
pursuant to the existing housing program under Section 8 of the United States Housing Act, or its
successor, or any other program in which lawful, verifiable income is paid to a tenant or to a
housing provider on behalf of a Tenant. The Owner shall not apply selection criteria to holders of
Section 8 certificate or similar certificates or vouchers that is more burdensome than criteria
applied to all other prospective tenants, nor shall the Owner apply or permit the application of
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management policies or lease provisions with respect to the Project which have the effect of
precluding occupancy of units by such prospective tenants.
Section 3.14. Notice of Expiration of Term. At least six (6) months prior to the expiration
of the Term, Owner shall provide by first-class mail, postage prepaid, a notice to all Tenants of the
Affordable Units containing (a) the anticipated date of the expiration of the Term, (b) any
anticipated increase in Rent upon the expiration of the Term, and (c) a statement that a copy of
such notice will be sent to City. The Owner shall also file a copy of the above-described notices
with City.
ARTICLE 4.
ENFORCEMENT
Section 4.1. Covenants Running with the Land. The requirements of this Agreement
shall be covenants running with the land as defined in California Civil Code Section 1460 and
shall apply to the Property. Pursuant to Civil Code Section 1468, which governs such covenants,
the provisions of this Agreement shall be binding upon all Parties having any right, title, or interest
in the Property, or any portion thereof and on their heirs, successors in interest and assigns for the
Term. The Parties agree that all future deeds or transfers of interest regarding the Property shall
show the restrictions of this Agreement for the Term.
Section 4.2. Default. Failure of the Owner to satisfy any of Owner's obligations under
the terms of this Agreement within ninety (90) days after the delivery of a notice of default from
the City will constitute a default under this Agreement ("Default"). In addition to remedies for
breach of this Agreement, the City may exercise any and all remedies available to it under the
Municipal Code or other any other provision of law or equity, including but not limited to:
(a) withholding, conditioning, suspending or revoking any Project Approvals,
including without limitation final inspections for occupancy and/or the issuance of certificates of
occupancy;
(b) instituting against the Owner, or other parties, a civil action for declaratory
relief, injunction or any other equitable relief, or relief at law, including without limitation an
action to rescind a transaction and/or to require repayment of any funds received in connection
with such a violation;
(c) where one or more persons have received financial benefit as a result of
violation of this Agreement, the City may assess, and institute legal action to recover as necessary,
a penalty in any amount up to and including the amount of financial benefit received, in addition
to recovery of the benefit received; and
(d) requiring the Owner or his/her successors in interest to the Property to pay
the City rent or any other payment received by the Owner for the Affordable Unit from the date of
any unauthorized use of the Affordable Unit or in excess of the applicable Affordable Rent.
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Section 4.3. Protest. Owner acknowledges and agrees that the Project Approvals
referenced in the Recitals, which are incorporated herein, provided adequate and proper notice
pursuant to Government Code Section 66020 of Owner's right to protest any requirements for fees,
dedications, reservations, and other exactions as may be included in this Agreement, that no protest
in compliance with Section 66020 was made within ninety (90) days of the date that notice was
given, and that the period has expired in which Owner may protest any and all fees, dedications,
reservations, and other exactions as may be included in this Agreement.
Section 4.4. Attorney's Fees and Costs. If either Party takes or commences any actions
or proceedings, including litigation or arbitration, against the other by reason of any breach or
claimed breach of any provision of, or in any way connected with, this Agreement, or seeks a
judicial declaration of rights under this Agreement, the Party prevailing in such action or
proceeding shall be entitled to recover from the other Party the prevailing Party's reasonable
attorney's fees and costs, including, but not limited to, all expert witness fees, other witness fees
and associated expenses, whether or not the proceeding or action proceeds to judgment.
ARTICLE 5.
GENERAL PROVISIONS
Section 5.1. Appointment of Other Agencies. At its sole discretion, the City may
designate, appoint or contract with any other public agency, for-profit or non-profit organization
to perform some or all of the City's obligations under this Agreement.
Section 5.2. Records. The Owner shall retain all records related to compliance with
obligations under this Agreement for a period not less than five (5) years from the date of
origination of such records and make the records available to City employees or others designated
by the City for inspection and copying upon five (5) business days' written notice. The City shall
be entitled to monitor compliance with this Agreement and the Owner shall cooperate with City
monitoring, including obtaining Tenant Affordable Rent and Household Income verification upon
request of the City.
Section 5.3. Hold Harmless. Except for the sole negligence of the City, Owner shall
defend, indemnify and hold harmless (without limit as to amount) City and its elected officials,
officers, employees, agents, their successors and assignees (the “City Indemnitees”) , and any of
them, from and against all loss, all risk of loss and all damage (including expenses and attorney's
fees) sustained or incurred because of or by reason of any and all claims, demands, suits, actions,
judgments or executions for damages of any and every kind and by whomever and whenever made
or obtained, allegedly caused by, arising out of or relating in any manner to the Project, the
Affordable Units, or Owner's performance or non-performance under this Agreement, including
claims pursuant to California Labor Code Section 1720 et seq.. In the event City Indemnitees are
made a party to any action, lawsuit or other adversarial proceeding arising from Owner’s
performance of this Agreement, Owner shall provide a defense to the City Indemnitees or at the
City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal
fees, incurred in defense of such claims. The provisions of this Section shall survive expiration or
other termination of this Agreement or any release of part or all of the Property from the burdens
of this Agreement, and the provisions of this Section shall remain in full force and effect.
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Section 5.4. Notices. All notices required pursuant to this Agreement shall be in writing
and may be given by personal delivery or by registered or certified mail, return receipt requested,
to the Party to receive such notice at the addressed set forth below:
TO THE CITY:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
WITH COPY TO:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: City Attorney
TO THE OWNER: [enter in Owner’s Information; insert more lines as necessary]
Laurel Creek LLC_______
______________________
______________________
______________________
Attn: _________________
Any notice shall be deemed delivered on the first business day that delivery is attempted or upon
receipt, whichever is sooner. As used herein, "business day" means any day other than a Saturday,
Sunday, or any state or federal holiday on which financial institutions in San Luis Obispo County
are authorized or required to close for observance thereof. Any Party may change the address to
which notices are to be sent by notifying the other Parties of the new address, in the manner set
forth above.
Section 5.5. Transfers. For purposes of this Agreement, "Transfer" means any sale,
assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under the
Agreement; and/or (ii) any interest in the Project, including (but not limited to) a fee simple
interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security
interest, or an interest evidenced by a land contract by which possession of the Project is transferred
and Owner retains title. The term "Transfer" excludes the leasing of any single unit in the Project
to an occupant in compliance with this Agreement.
(a) Future Transfers of the Property shall ensure that the Transfer does not
affect the timing and/or number of Affordable Units provided within the Project and as described
by this Agreement.
(b) In the event of a proposed Transfer by Owner, Owner agrees to provide City
at least thirty days written notice of such proposed assignment prior to the proposed transfer and
Commented [GO3]: Please complete owner/contact information
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shall provide satisfactory evidence that the assignee will assume in writing, through an assignment
and assumption agreement, all obligations of Owner under this Agreement. Notwithstanding the
foregoing: (i) the terms, covenants and conditions of this Agreement shall be binding upon any
transferee whether or not such an assignment and assumption agreement is signed by the assignee;
and (ii) no such transfer shall relieve the Owner (“Transferor”) of any obligations under this
Agreement.
(c) For all proposed Transfers, Owner shall provide to City an assignment and
assumption agreement a form reasonably satisfactory to the City Attorney.
(d) All of the terms, covenants and conditions of this Agreement shall inure to
the benefit of the City and its successors and assigns and shall be binding upon the Owner and any
successors in interest to Owner’s interest in this Agreement, the Project or the Property or any part
thereof. The covenants shall run in favor of the City and its successors and assigns for the entire
period of the Term. The City and its successor and assigns, in the event of any breach of any such
covenants, shall have the right to exercise all of the rights and remedies, and to maintain any
actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.
Whenever the term “Owner” is used in this Agreement, such term shall include any other
successors and assigns as herein provided.
Section 5.6. Integrated Agreement. This Agreement sets forth the full and entire
understanding of the Parties regarding the matter set forth herein. Any other prior or existing
understandings or agreements by the Parties, whether formal or informal, regarding any matters
addressed within this Agreement are hereby superseded or terminated in their entirety.
Section 5.7. Each Party's Role in Drafting the Agreement. Each Party to this Agreement
has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning
of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely
upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the
Agreement.
Section 5.8. Amendment of Agreement. No changes, amendments, or alterations to this
Agreement shall be effective unless in writing and signed by all Parties hereto. Major amendments
to this Agreement shall be subject to the review and approval of the decision-making body which
approved the Project Approvals. Minor amendments to this Agreement may be approved by the
Director. Upon approval, a new Agreement containing the amendments shall be executed and
recorded.
Section 5.9. Applicable Law. This Agreement shall be governed by California law.
Venue shall be the County of San Luis Obispo.
Section 5.10. Waivers. Any waiver by the City of any obligation or condition in this
Agreement must be in writing. No waiver will be implied from any delay or failure by the City to
take action on any breach or default of Owner or to pursue any remedy allowed under this
Agreement or applicable law. Any extension of time granted to Owner to perform any obligation
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under this Agreement shall not operate as a waiver or release from any of its obligations under this
Agreement. Consent by the City to any act or omission by Owner shall not be construed to be a
consent to any other or subsequent act or omission or to waive the requirement for the City's written
consent to future waivers.
Section 5.11. Title of Parts and Sections. Any titles of the sections, subsections, or
subparagraphs of this Agreement are inserted for convenience of reference only and shall be
disregarded in interpreting any part of the Agreement's provisions.
Section 5.12. Multiple Originals; Counterpart. This Agreement may be executed in
multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
Section 5.13. Recording of Agreement. This Agreement shall be recorded against the
Property in the Official Records of the County of San Luis Obispo prior to the recordation of any
parcel map or final subdivision map or issuance of any building permit for the Project, whichever
occurs first, unless an alternate phasing plan has been approved as part of the Project Approvals.
Section 5.14. Severability. In the event any limitation, condition, restriction, covenant, or
provision contained in this Agreement is to be held invalid, void or unenforceable by any court of
competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain
in full force and effect.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the
day and year first above written.
OWNER:
Laurel Creek LLC, a ______________
By:_____________________
Its:_____________________
CITY:
City of San Luis Obispo, a California charter city and municipal corporation
By: ________________________
Timothea “Timmi” Tway, Community Development Director
APPROVED AS TO FORM AND LEGAL EFFECT:
By:____________________
Christine Dietrick, City Attorney
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Seal Above)
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
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STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Seal Above)
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
1808\03\1835187.4 A-1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL A:
(Parcel 1 of SLO AL 22-0011 – Doc. #2022-032524)
Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19-0114, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to map recorded November 25, 2020 in Book
82, Page 82 of Parcel Maps, filed in the office of the County Recorder of said County, lying southerly and
southwesterly of the following described line:
Beginning at the southeasterly corner of said Parcel 2, being a point in the westerly right of way line of
Laurel Lane, 81.00 feet wide, as shown on said map; thence along the southerly line of said Parcel 2,
North 57°16’14” West 337.08 feet, to an angle point on said line; thence South 48°53’54” West 51.39
feet to a point on said line; thence leaving said line, North 57°36’19” West 28.10 feet; thence North
12°17’31” West 24.98 feet; thence North 57°12’35” West 168.58 feet; thence North 32°42’19” East 50.90
feet; thence North 57°17’41” West 290.55 feet; thence South 32°42’19” West 16.63 feet; thence North
57°17’41” West 275.64 feet, more or less, to a point on the westerly line of said Parcel 1, distant South
41°13’29” West 117.83 feet from the most northerly corner of said Parcel 1 as shown on said map.
PARCEL A-1:
Non-exclusive easements for access, parking and utilities and incidental rights thereto as set forth in that
certain document entitled, "Reciprocal Easement Agreement and Declaration of Covenants, Conditions
and Restrictions" recorded on November 25, 2020 as instrument no. 2020-69315, San Luis Obispo County
Official Records.
Portion of 004-962-034 and Portion of 004-962-035
1808\03\1835187.4 B-1
EXHIBIT B
MAP SHOWING LOCATION OF AFFORDABLE UNITS AND SCHEDULE OF
AFFORDABLE UNITS
Unit Number Square Footage Bedroom Count Affordability
Commented [GO4]: Provide Map of Unit and Complete Table
1
From:Cristi Fry <cristi@coast-inc.com>
Sent:Thursday, August 17, 2023 4:13 PM
To:Goode, Owen
Cc:Symens, Sadie; Hanh, Hannah
Subject:Re: Affordable Housing Agreement - Laurel Creek
Attachments:APN 004962042.pdf; 1160 Laurel Lane LLC Operating Agreement_New.pdf; Limited Partnership
Agreement - Laurel Creek II, LP.pdf; Laurel Creek, LP Operating Agreement Executed.pdf;
Developer For-Rent Affordable Housing Agreement_Laurel Creek Apartments.docx
Owen,
Chuck will need to provide the unit number.
Attached are answers to the questions within the document (Comments say made by Sarah Wells - because I
am working from her old computer today....)
In addition, please fix the APN reference at the end of the document.
Parcel 1 was assigned a new APN after the LLA recorded, APN 004-962-042 (see attached)
Snip below from the 2022 LLA, shows signature format to use.
Thank you!
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-built
condition.
On Thu, Aug 17, 2023 at 2:22 PM Goode, Owen <ogoode@slocity.org> wrote:
Good afternoon, Cristi,
2
Attached are drafts of the Rental Affordability Agreement for 1150 Laurel Lane with the Subordination
agreement. Please review the drafts and let us know if you have any questions. I did add comments
requesting confirmation of the affordable unit (suite number and location), as well as requesting
confirmation on authorized signatories for both documents. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 3:33 PM
To: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>; Goode, Owen
<ogoode@slocity.org>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
If it helps, the owner's representative says there is a bond in place for the lien with California Electric Supply.
Cristi
3
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
---------- Forwarded message ---------
From: Jonathan Branoff <Jonathan@westpacinv.com>
Date: Tue, Aug 15, 2023 at 3:03 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Chuck Braff <chuck@westpacinv.com>, Patrick Smith
<psmith@westpacinv.com>
There is a bond in place for the lien with California Electric Supply
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:35 PM
To: Chuck Braff <chuck@westpacinv.com>; Patrick Smith <psmith@westpacinv.com>; Jonathan Branoff
<Jonathan@westpacinv.com>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
Has the mechanic's lien been resolved?
Cristi
4
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
---------- Forwarded message ---------
From: Goode, Owen <ogoode@slocity.org>
Date: Tue, Aug 15, 2023 at 1:31 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Symens, Sadie <ssymens@slocity.org>
Hi Cristi,
I’m working on the affordable housing rental agreement right now for your team. While affordable housing
agreements do not require a lender’s signature, lenders that record liens against the property will be
required to sign the subordination agreement. Sadie is helping me complete the subordination agreement
for this project. Can you please confirm if the mechanic’s lien filed by California Electric Supply been
resolved? This will help Sadie with the completion of the subordination agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
5
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:27 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
I was going off that assumption, based on email from Kyle. I am coordinating lender signatures now, so please
let me know as soon as possible.
6
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
7
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
On Tue, Aug 15, 2023 at 12:27 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
I’ve been working with Owen on a subordination agreement for the affordable housing agreement, and I’m
not sure I understand your statement that the AHA does not need lender subordination; can you please
explain why?
Also, Owen may have already reached out about this, but do you know if the mechanic’s lien filed by
California Electric Supply been resolved?
Thank you,
Sadie
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 12:00 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: La Chaine, Steve <slachaine@slocity.org>; Chuck Braff <chuck@westpacinv.com>; Stong, Nate
<nstong@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hello Hannah,
8
We are still awaiting the Affordable Housing Agreement (which does not need lender subordination). What is
the ETA on the Affordable Housing Agreement?
Please confirm we are good to send the attached Joint Use Agreement (Sadie has approved) and attached
Notice of Requirements (Steve laChaine prepared) for owner and lender signatures. These documents both
need lender subordination.
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
On Tue, Aug 8, 2023 at 2:54 PM Goode, Owen <ogoode@slocity.org> wrote:
This works thanks Steve. Cristi, please disregard my request. Thanks everyone.
Best,
9
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: La Chaine, Steve <slachaine@slocity.org>
Sent: Tuesday, August 8, 2023 2:51 PM
To: Goode, Owen <ogoode@slocity.org>; Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Check if links work on this one.
Steve
From: Goode, Owen <ogoode@slocity.org>
Sent: Tuesday, August 8, 2023 2:48 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; La Chaine, Steve
<slachaine@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Can we please receive a preliminary title report where the recorded documents are linked for review so
that we may draft the subordination agreement appropriately? Thank you.
10
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Monday, August 7, 2023 11:15 AM
To: Goode, Owen <ogoode@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; La Chaine, Steve
<slachaine@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Owen,
thank you for the update
Cristi
11
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-
built condition.
On Mon, Aug 7, 2023 at 10:47 AM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi,
I wanted to follow up with you to provide you a status update on your affordability agreement for Laurel
Creek Apartments. Our team has been working to update our Affordable Housing Rental Agreement
Templates which is why we had been delayed in providing a draft. I am drafting the subordination
agreement for the project today and will complete the draft rental agreement as soon as we hear back
from our attorney’s office on our current draft of the template. Please reach out to me directly if you have
any questions regarding your affordable housing rental agreement. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
12
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Tuesday, July 11, 2023 1:45 PM
To: cristi@coast-inc.com
Cc: Hanh, Hannah <hhanh@slocity.org>
Subject: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
My name is Owen Goode and I’m an Assistant Planner for the Housing Policies and Programs Team. I’ll
be providing you with the affordable housing rental agreement this week. Please reach out to me directly
with any affordable housing questions you may have as it pertains to your project at Laurel Creek
Apartments. Thank you.
Best,
Owen Goode
Assistant Planner
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
Stay connected with the City by signing up for e-notifications
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
No fee for recording pursuant to (Space above for Recorder's Use)
Government Code Section 27383
BELOW MARKET RATE RENTAL HOUSING AGREEMENT AND DECLARATION
OF RESTRICTIVE COVENANTS
(Below Market Rate Rental Unit 1150 Laurel Lane, Unit ______] for
Laurel Creek Apartments
This BELOW MARKET RATE RENTAL HOUSING RENTAL RESTRICTION
AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS ("Agreement") is
made and entered into on this ______ day of __________________, 20__, by and between the
City of San Luis Obispo, a California charter city and municipal corporation (the "City"), and
Laurel Creek, LP, (the "Owner"), collectively referred to as the "Parties."
RECITALS
A. Owner is the owner of certain real property located at 1150 Laurel Lane in the City,
which is more particularly described in attached Exhibit A incorporated herein by this reference
(the "Property").
B. On November 18, 2020, the Planning Commission adopted Resolution No. PC-
1027-2020 (ARCH-0227-2020 & USE-0228-2020) (the "Project Approvals") to approve
Owner's construction of 100 residential units on the Property (the "Project").
C. To satisfy the Project’s requirements under the City’s Inclusionary Housing
Ordinance, Municipal Code Chapter 17.138, (the “Inclusionary Housing Ordinance”) the
Parties have agreed that the Owner is required to rent 1 low- or moderate-income dwelling unit
(the “Affordable Units”), as shown in Exhibit B, and in conformance with the income limits as
published by the State Department of Housing and Community Development.
D. Rental prices are described herein and established by the City’s “Below Market
Rate Housing Standards” and the “Below Market Rate Rental Housing Guidelines” published
by the City’s Community Development Department.
E. Pursuant to the Inclusionary Housing Ordinance and the Below Market Rate
Housing Standards, the Owner is required maintain the affordability of the Affordable Unit for a
Commented [GO1]: Identify Unit Number
Commented [GO2]: Please confirm correct and not LLC
Commented [SW3R2]: Laurel Creek, LP, a California limited
partnership
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
2
period of fifty-five (55) years from the date of the issuance of the occupancy permit for the
Affordable Unit (the "Affordability Period"). To ensure continued affordability and in
accordance with Government Code Section 27281.5, this Agreement will be recorded against the
Property with the Clerk-Recorder of the County of San Luis Obispo.
F. Owner acknowledges and agrees that the Project Approvals provided adequate and
proper notice pursuant to Government Code Section 66020 of Owner's right to protest any
requirements for fees, dedications, reservations, and other exactions as may be included in this
Agreement, that no protest in compliance with Section 66020 was made within ninety (90) days
of the date that notice was given, and that the period has expired in which Owner may protest any
and all fees, dedications, reservations, and other exactions as may be included in this Agreement.
AGREEMENT
NOW, THEREFORE, the Parties agree and acknowledge that the above recitals are true
and accurate, and are incorporated into this Agreement by this reference, and the Parties mutually
acknowledge and agree as follows:
ARTICLE 1.
DEFINITIONS AND EXHIBITS
Section 1.1. Recitals. The recitals set forth above are true and correct and incorporated
herein as if set forth in full.
Section 1.2. Definitions. In addition to terms defined elsewhere in this Agreement, the
following terms have the following meanings in this Agreement:
(a) “Administrator” means Below Market Rate Program Administrator which
may either be the City itself or a third-party administrator acting as an agent for the City in
connection with all aspects of the operation of the City's Below Market Rate program pursuant to
an Agreement entered into between the City and the Administrator, as such Agreement may be
amended or replaced from time to time.
(b) "Affordable Rent" means the maximum total of monthly payments by the
Tenant of an Affordable Unit, which is to be calculated in accordance with the formula provided
in the City of San Luis Obispo Below Market Rate Housing Standards.
(c) “Affordable Units” means the Units which are required by this Agreement
to be rented to Eligible Households at an Affordable Rent.
(d) “Area Median Income” shall mean the median gross yearly income
adjusted for assumed Household Size, in San Luis Obispo County, California, as published and
periodically updated by the State Department of Housing and Community Development (HCD),
or in the event that such income determinations are no longer published or are not updated for a
period of at least eighteen (18) months, the median gross yearly income adjusted for assumed
Household Size, in San Luis Obispo County, California as published and periodically updated by
the Department of Housing and Urban Development (HUD).
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
3
(e) "Director" means the Community Development Director of the City or the
Director’s assignee.
(f) "Eligible Household" means a household which has been determined by
the Administrator or other agency designated by the Director to be eligible to rent an Affordable
Unit as a Low- or Moderate- Income Household, in compliance with the Below Market Rate
Housing Standards and this Agreement.
(g) "Eligibility Screening" is defined as the process of determining eligibility
in accordance with the City’s Below Market Rate Housing Standards and Below Market Rate
Rental Housing Guidelines.
(g) "Household Income" means the combined gross, pre-tax income of all
adult occupants of the applicant household.
(h) "Household Size" shall mean the actual number of persons residing within
the applicable household.
(i) "Income Certification" means a Tenant’s initial income
certification/certificate of resident eligibility, and includes all sources used in verifying income
and assets (including, but not limited to, third party verification, checking and savings accounts,
pay stubs, verification of assets, etc.).
(j) "Low Income Household - " is defined in the City of San Luis Obispo's
Below Market Rate Housing Standards and means a household with a Household Income that does
not exceed 80% of the Area Median Income.
(k) "Moderate Income Household - " is defined in the City of San Luis
Obispo's Below Market Rate Housing Standards and means a household with a Household Income
that does not exceed 120% of the Area Median Income.
(l) “Marketing” or “Market” is defined as a service in which the Owner or
Administrator will Market the vacancy of a new and/or existing Affordable Unit(s). Marketing
may utilize social media and in-person outreach as well as the listing of the Affordable Unit on the
Administrator’s website.
(m) “Opportunity Drawing” is defined as the process in which interested
households are put into an interest list for a specific Affordable Unit that is being marketed. This
list is ordered based on the preferences set forth in the City’s Below Market Rate Rental Housing
Guidelines, in the order that the Eligible Household applied for the Affordable Unit, and then
randomized thereafter.
(n) "Tenant" is a household occupying an Affordable Unit pursuant to a valid
lease with the Owner.
(o) "Term" shall mean the term of this Agreement, which shall be in effect for
a fifty-five (55) year period from the date that a certificate of occupancy is issued for the last
Affordable Unit to be completed.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
4
Section 1.3. Exhibits. The following exhibits are attached to this Agreement:
Exhibit A Legal Description of the Property
Exhibit B Map Showing Location of Affordable Units and Schedule of Affordable
Units.
ARTICLE 2.
CONSTRUCTION OF PROJECT AND AFFORDABLE UNITS
Section 2.1. Construction of Affordable Units. The Parties have agreed that the Owner
shall construct and make available one unit as Affordable Units in the Project on the Property for
the duration of the Term.
Section 2.2. Design and Appearance of Affordable Units. The Owner agrees to provide
the Affordable Units with a bedroom count mix of one studio unit in the location shown and
described on Exhibit B during the Term, in conformance with the rental prices and income limits
established by the Below Market Rate Housing Standards. If, after recordation of this Agreement,
the Owner proposes to change the bedroom size or affordability level of any Affordable Units
within the Project, the Owner shall submit a written request to amend this Agreement for such
change to the Director, who shall have sole discretion to approve or deny such request
(amendments shall comply with Section of 5.8 of this Agreement). Tenants in all Affordable Units
shall have equal access to and enjoyment of all common facilities of the Project.
Section 2.3. Construction Timing. The Affordable Units shall be constructed in
proportion to construction of the other units in the Project pursuant to the schedule in Exhibit B.
No certificates of occupancy or final inspections shall be issued for any units in the Project unless
a proportional number (generally one certificate of occupancy for an Affordable Unit for each 50
other units issued certificates of occupancy) of certificates of occupancy or final inspections have
been issued for Affordable Units unless an alternate phasing plan has been approved as part of the
Project approvals.
ARTICLE 3.
RENTAL AND REGULATORY PROVISIONS
Section 3.1. Affordability and Occupancy Covenants. The Owner agrees to rent to and
restrict occupancy of the Affordable Units to Eligible Households earning not more than the
income levels which are set forth in City’s Below Market Rate Housing Standards and as more
particularly described in Exhibit B. The Affordable Units shall be used exclusively for rental
housing for the Term. The Affordable Units shall not be kept vacant or used for any purpose
except for residential use and shall be offered for rent only to Eligible Households at Affordable
Rents in compliance with Exhibit B.
(a) Schedule of Affordable Rents. The City has provided the Owner with a
schedule of Affordable Rents for the Affordable Units in effect on the date of this Agreement.
Affordable Rents may be adjusted annually in accordance with the rent limits set forth in the City’s
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
5
Below Market Rate Housing Standards. The Owner shall not charge any fee other than rent
inclusive of cost of utilities (utilities are limited to: water, sewer, electricity, gas, garbage,
recycling, and green waste) to any Tenant of Affordable Units for any housing or other services
provided by Owner.
(b) In the event a Tenant’s income exceeds the qualifying income for the
Affordable Unit, Owner shall not be entitled to any rent in excess of the Affordable Rent for the
Affordable Unit. If, upon recertification of a Tenant's income, the Owner and the City’s Below
Market Rate Administrator determine that the Tenant's income has increased and exceeds the
qualifying income for the Affordable Unit’s designated household income threshold, then Owner
shall serve or cause to be served upon the Tenant a ninety (90) day written notice to vacate the
Unit upon discovery that the Tenant’s income exceeds the qualifying income for the Affordable
Unit, if the Tenant is on a month-to-month tenancy. If the over-income Tenant has a fixed-term
lease, the Owner shall serve a written notice at least 90 days prior to the termination of the fixed-
term lease that the tenancy will not be renewed and will automatically terminate upon expiration,
except that if the Owner discovers that the Tenant’s income exceeds the qualifying income less
than 90 days prior to the termination of the fixed-term lease, the Owner shall serve a 90 day written
notice to vacate the unit.
Section 3.2. Services by Administrator . In order to maintain compliance with the City’s
Below Market Rate Housing Program and reporting requirements, the Owner shall utilize the City’s
Administrator or other agency designated by the Director. The Administrator’s services include but
are not limited to marketing of available unit(s), Eligibility Screening, selection of applicants
through an Opportunity Drawing, and re-certifications. Utilization of these services may subject
Owner to additional fees.
Section 3.3. Agreement to Limitation on Rents. The Owner covenants that it has agreed
to limit Rents under Civil Code Sections 1954.52(b) and 1954.53(a)(2), as provided in this
Agreement, in consideration for the Project approved by the City and proposed by the Owner. The
Owner hereby covenants that the certain provisions of Civil Code Section 1954.51 et seq. (the
"Costa-Hawkins Act") do not apply. The Owner hereby covenants that any Affordable Units
provided pursuant to this Agreement are not subject to Civil Code Section 1954.52(a) or any other
provision of the Costa-Hawkins Act inconsistent with controls on rents. The Owner further
covenants that this Agreement complies with all federal, State, and City laws and ordinances and
that the terms of this Agreement are fully enforceable.
Section 3.4. Income Certification. Prior to Owner entering into a lease with a prospective
Tenant of an Affordable Unit, the prospective Tenant’s household shall be certified as an Eligible
Household by the Administrator of the City of San Luis Obispo or other agency designated by the
Director.
(a) The Owner will obtain, complete and maintain on file, immediately prior to
initial occupancy and annually thereafter, income certifications for each Tenant renting any of the
Affordable Units. Owner shall obtain written certification by the Administrator or other agency
designated by the Director that the Affordable Units are being occupied by Eligible Households in
compliance with the terms of this Agreement.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
6
(b) Income certifications and re-certifications shall be conducted by the Below
Market Rate Administrator or other agency designated by the Director. Upon request, the Owner
may certify or re-certify the annual income of Tenants on their own, a representative of the Owner
shall attend a workshop or training session hosted by the Administrator. These workshops and
trainings may have associated costs. Should the Owner wish to perform the certifications or
recertifications, the process will be subject to review by the Administrator. The Owner shall not
self-select residents nor conduct initial eligibility screenings.
Section 3.5. Reports to City. The Owner shall submit to the Administrator on or before
July 31st of each year, or at other such interval as mutually agreed by the Parties, and at any other
time at request by the City and upon five (5) business days’ notice to Owner, a report in a form
acceptable to the City to enable the City to verify that the Affordable Units are being occupied by
Eligible Households in compliance with the terms of this Agreement. At a minimum, information
to be submitted shall include:
(a) Certifications of eligibility for all Tenants of Affordable Units at the time
of initial occupancy. Such certification shall include verified income statements and number of
persons in each Affordable Unit.
(b) Certification of the amount of rent charged for the year for all Affordable
Units.
(c) Other information reasonably required by the City and Administrator.
Section 3.6. Inspections. The City reserves the right to inspect the Affordable Units
upon reasonable notice to the Owner to ensure that the Affordable Units are being maintained,
operated, and used consistent with this Agreement and applicable federal, state and local codes.
The Owner agrees to correct all conditions found by such inspections not to conform to the
applicable requirements within ninety (90) days of delivery of written notice from the City, or such
period as necessary to correct the violations as determined by the Director, provided that
corrections are commenced within ninety (90) days and prosecuted diligently to completion.
Failure to maintain the Affordable Units as required by this Agreement or to correct such
conditions shall be a Default, as defined below.
Section 3.7. Management Responsibilities. The Owner is responsible for all
management functions with respect to the Project, including, without limitation, evictions,
collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs,
replacement of capital items, and security. The City shall have no responsibility over management
of the Project.
Section 3.8. Property Maintenance. The City places prime importance on quality
maintenance to ensure that all developments within the City which include Affordable Units are
not allowed to deteriorate due to below-average maintenance. The Owner shall provide the
Affordable Units with the same level and quality of maintenance, including performance of repairs
and periodic replacement of fixtures as the other units in the Project. The Owner agrees that it or
its agents will maintain all interior and exterior improvements, including landscaping, on the
Property in good condition and repair (and, as to landscaping, in a healthy condition) and in
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
7
accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state,
county, municipal, and other governmental agencies and bodies having or claiming jurisdiction
and all their respective departments, bureaus, and officials.
Section 3.9. Taxes and Assessments. The Owner shall pay all real and personal property
taxes, assessments, if any, and charges and all franchise, income, employment, old age benefit,
withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such
manner as to prevent any penalty from accruing, or any lien or charge from attaching to the
Property; provided, however, that the Owner shall have the right to contest in good faith, any such
taxes, assessments, or charges. In the event the Owner exercises its right to contest any tax,
assessment, or charge against it, the Owner, on final determination of the proceeding or contest,
shall immediately pay or discharge any decision or judgment rendered against it, together with all
costs, charges and interest.
Section 3.10. Laws and Regulations. The Owner acknowledges that Owner is familiar
with and will comply with all local and State laws and regulations that pertain to construction,
health and safety, labor (including payment of prevailing wages if applicable), fair housing
practices, equal opportunity and all other matters applicable to maintaining sound, safe and
affordable rental housing.
Section 3.11. Residential Use. None of the Affordable Units in the Project will at any
time be utilized on a transient basis or will ever be used as a hotel, motel, homestay, dormitory,
fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court
or park, nor shall the Affordable Units be used as a place of business except as may otherwise be
allowed by applicable law.
Section 3.12. Nondiscrimination. All of the Affordable Units shall be available for
occupancy on a continuous basis to members of the general public who are income eligible. There
shall be no discrimination against or segregation of any person or group of persons, on account of
race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, familial status, sex, gender, gender identity, gender
expression, age, sexual orientation, source of income, or veteran or military status in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of any Affordable Unit, nor shall
Owner or any person claiming under or through the Owner, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location, number, use,
or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Affordable Unit or in
connection with the employment of persons for the operation and management of the Project.
Section 3.13. Housing Voucher Holders. The Owner shall accept as tenants, on the same
basis as all other prospective tenants, persons who are recipients of certificates for rent subsidies
pursuant to the existing housing program under Section 8 of the United States Housing Act, or its
successor, or any other program in which lawful, verifiable income is paid to a tenant or to a
housing provider on behalf of a Tenant. The Owner shall not apply selection criteria to holders of
Section 8 certificate or similar certificates or vouchers that is more burdensome than criteria
applied to all other prospective tenants, nor shall the Owner apply or permit the application of
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
8
management policies or lease provisions with respect to the Project which have the effect of
precluding occupancy of units by such prospective tenants.
Section 3.14. Notice of Expiration of Term. At least six (6) months prior to the expiration
of the Term, Owner shall provide by first-class mail, postage prepaid, a notice to all Tenants of the
Affordable Units containing (a) the anticipated date of the expiration of the Term, (b) any
anticipated increase in Rent upon the expiration of the Term, and (c) a statement that a copy of
such notice will be sent to City. The Owner shall also file a copy of the above-described notices
with City.
ARTICLE 4.
ENFORCEMENT
Section 4.1. Covenants Running with the Land. The requirements of this Agreement
shall be covenants running with the land as defined in California Civil Code Section 1460 and
shall apply to the Property. Pursuant to Civil Code Section 1468, which governs such covenants,
the provisions of this Agreement shall be binding upon all Parties having any right, title, or interest
in the Property, or any portion thereof and on their heirs, successors in interest and assigns for the
Term. The Parties agree that all future deeds or transfers of interest regarding the Property shall
show the restrictions of this Agreement for the Term.
Section 4.2. Default. Failure of the Owner to satisfy any of Owner's obligations under
the terms of this Agreement within ninety (90) days after the delivery of a notice of default from
the City will constitute a default under this Agreement ("Default"). In addition to remedies for
breach of this Agreement, the City may exercise any and all remedies available to it under the
Municipal Code or other any other provision of law or equity, including but not limited to:
(a) withholding, conditioning, suspending or revoking any Project Approvals,
including without limitation final inspections for occupancy and/or the issuance of certificates of
occupancy;
(b) instituting against the Owner, or other parties, a civil action for declaratory
relief, injunction or any other equitable relief, or relief at law, including without limitation an
action to rescind a transaction and/or to require repayment of any funds received in connection
with such a violation;
(c) where one or more persons have received financial benefit as a result of
violation of this Agreement, the City may assess, and institute legal action to recover as necessary,
a penalty in any amount up to and including the amount of financial benefit received, in addition
to recovery of the benefit received; and
(d) requiring the Owner or his/her successors in interest to the Property to pay
the City rent or any other payment received by the Owner for the Affordable Unit from the date of
any unauthorized use of the Affordable Unit or in excess of the applicable Affordable Rent.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
9
Section 4.3. Protest. Owner acknowledges and agrees that the Project Approvals
referenced in the Recitals, which are incorporated herein, provided adequate and proper notice
pursuant to Government Code Section 66020 of Owner's right to protest any requirements for fees,
dedications, reservations, and other exactions as may be included in this Agreement, that no protest
in compliance with Section 66020 was made within ninety (90) days of the date that notice was
given, and that the period has expired in which Owner may protest any and all fees, dedications,
reservations, and other exactions as may be included in this Agreement.
Section 4.4. Attorney's Fees and Costs. If either Party takes or commences any actions
or proceedings, including litigation or arbitration, against the other by reason of any breach or
claimed breach of any provision of, or in any way connected with, this Agreement, or seeks a
judicial declaration of rights under this Agreement, the Party prevailing in such action or
proceeding shall be entitled to recover from the other Party the prevailing Party's reasonable
attorney's fees and costs, including, but not limited to, all expert witness fees, other witness fees
and associated expenses, whether or not the proceeding or action proceeds to judgment.
ARTICLE 5.
GENERAL PROVISIONS
Section 5.1. Appointment of Other Agencies. At its sole discretion, the City may
designate, appoint or contract with any other public agency, for-profit or non-profit organization
to perform some or all of the City's obligations under this Agreement.
Section 5.2. Records. The Owner shall retain all records related to compliance with
obligations under this Agreement for a period not less than five (5) years from the date of
origination of such records and make the records available to City employees or others designated
by the City for inspection and copying upon five (5) business days' written notice. The City shall
be entitled to monitor compliance with this Agreement and the Owner shall cooperate with City
monitoring, including obtaining Tenant Affordable Rent and Household Income verification upon
request of the City.
Section 5.3. Hold Harmless. Except for the sole negligence of the City, Owner shall
defend, indemnify and hold harmless (without limit as to amount) City and its elected officials,
officers, employees, agents, their successors and assignees (the “City Indemnitees”) , and any of
them, from and against all loss, all risk of loss and all damage (including expenses and attorney's
fees) sustained or incurred because of or by reason of any and all claims, demands, suits, actions,
judgments or executions for damages of any and every kind and by whomever and whenever made
or obtained, allegedly caused by, arising out of or relating in any manner to the Project, the
Affordable Units, or Owner's performance or non-performance under this Agreement, including
claims pursuant to California Labor Code Section 1720 et seq.. In the event City Indemnitees are
made a party to any action, lawsuit or other adversarial proceeding arising from Owner’s
performance of this Agreement, Owner shall provide a defense to the City Indemnitees or at the
City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal
fees, incurred in defense of such claims. The provisions of this Section shall survive expiration or
other termination of this Agreement or any release of part or all of the Property from the burdens
of this Agreement, and the provisions of this Section shall remain in full force and effect.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
10
Section 5.4. Notices. All notices required pursuant to this Agreement shall be in writing
and may be given by personal delivery or by registered or certified mail, return receipt requested,
to the Party to receive such notice at the addressed set forth below:
TO THE CITY:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
WITH COPY TO:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: City Attorney
TO THE OWNER: [enter in Owner’s Information; insert more lines as necessary]
Laurel Creek LLC_______
______________________
______________________
______________________
Attn: _________________
Any notice shall be deemed delivered on the first business day that delivery is attempted or upon
receipt, whichever is sooner. As used herein, "business day" means any day other than a Saturday,
Sunday, or any state or federal holiday on which financial institutions in San Luis Obispo County
are authorized or required to close for observance thereof. Any Party may change the address to
which notices are to be sent by notifying the other Parties of the new address, in the manner set
forth above.
Section 5.5. Transfers. For purposes of this Agreement, "Transfer" means any sale,
assignment, or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under the
Agreement; and/or (ii) any interest in the Project, including (but not limited to) a fee simple
interest, a joint tenancy interest, a life estate, a partnership interest, a leasehold interest, a security
interest, or an interest evidenced by a land contract by which possession of the Project is transferred
and Owner retains title. The term "Transfer" excludes the leasing of any single unit in the Project
to an occupant in compliance with this Agreement.
(a) Future Transfers of the Property shall ensure that the Transfer does not
affect the timing and/or number of Affordable Units provided within the Project and as described
by this Agreement.
(b) In the event of a proposed Transfer by Owner, Owner agrees to provide City
at least thirty days written notice of such proposed assignment prior to the proposed transfer and
Commented [GO4]: Please complete owner/contact information
Commented [SW5R4]: Laurel Creek, LP
505 Bath Street, Santa Barbara, California, 93101
Signature block:
Laurel Creek, LP, a California limited partnership
By: 1160 Laurel Lane, LLC, a Delaware limited liability company
Its: General Partner
By:_________________________________
Patrick N. Smith, Manager
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
11
shall provide satisfactory evidence that the assignee will assume in writing, through an assignment
and assumption agreement, all obligations of Owner under this Agreement. Notwithstanding the
foregoing: (i) the terms, covenants and conditions of this Agreement shall be binding upon any
transferee whether or not such an assignment and assumption agreement is signed by the assignee;
and (ii) no such transfer shall relieve the Owner (“Transferor”) of any obligations under this
Agreement.
(c) For all proposed Transfers, Owner shall provide to City an assignment and
assumption agreement a form reasonably satisfactory to the City Attorney.
(d) All of the terms, covenants and conditions of this Agreement shall inure to
the benefit of the City and its successors and assigns and shall be binding upon the Owner and any
successors in interest to Owner’s interest in this Agreement, the Project or the Property or any part
thereof. The covenants shall run in favor of the City and its successors and assigns for the entire
period of the Term. The City and its successor and assigns, in the event of any breach of any such
covenants, shall have the right to exercise all of the rights and remedies, and to maintain any
actions at law or suits in equity or other proper proceedings to enforce the curing of such breach.
Whenever the term “Owner” is used in this Agreement, such term shall include any other
successors and assigns as herein provided.
Section 5.6. Integrated Agreement. This Agreement sets forth the full and entire
understanding of the Parties regarding the matter set forth herein. Any other prior or existing
understandings or agreements by the Parties, whether formal or informal, regarding any matters
addressed within this Agreement are hereby superseded or terminated in their entirety.
Section 5.7. Each Party's Role in Drafting the Agreement. Each Party to this Agreement
has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning
of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely
upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the
Agreement.
Section 5.8. Amendment of Agreement. No changes, amendments, or alterations to this
Agreement shall be effective unless in writing and signed by all Parties hereto. Major amendments
to this Agreement shall be subject to the review and approval of the decision-making body which
approved the Project Approvals. Minor amendments to this Agreement may be approved by the
Director. Upon approval, a new Agreement containing the amendments shall be executed and
recorded.
Section 5.9. Applicable Law. This Agreement shall be governed by California law.
Venue shall be the County of San Luis Obispo.
Section 5.10. Waivers. Any waiver by the City of any obligation or condition in this
Agreement must be in writing. No waiver will be implied from any delay or failure by the City to
take action on any breach or default of Owner or to pursue any remedy allowed under this
Agreement or applicable law. Any extension of time granted to Owner to perform any obligation
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
12
under this Agreement shall not operate as a waiver or release from any of its obligations under this
Agreement. Consent by the City to any act or omission by Owner shall not be construed to be a
consent to any other or subsequent act or omission or to waive the requirement for the City's written
consent to future waivers.
Section 5.11. Title of Parts and Sections. Any titles of the sections, subsections, or
subparagraphs of this Agreement are inserted for convenience of reference only and shall be
disregarded in interpreting any part of the Agreement's provisions.
Section 5.12. Multiple Originals; Counterpart. This Agreement may be executed in
multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
Section 5.13. Recording of Agreement. This Agreement shall be recorded against the
Property in the Official Records of the County of San Luis Obispo prior to the recordation of any
parcel map or final subdivision map or issuance of any building permit for the Project, whichever
occurs first, unless an alternate phasing plan has been approved as part of the Project Approvals.
Section 5.14. Severability. In the event any limitation, condition, restriction, covenant, or
provision contained in this Agreement is to be held invalid, void or unenforceable by any court of
competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain
in full force and effect.
1808\03\1835187.4
Below Market Rate Rental Housing Agreement_20230701
13
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the
day and year first above written.
OWNER:
Laurel Creek LLC, a ______________
By:_____________________
Its:_____________________
CITY:
City of San Luis Obispo, a California charter city and municipal corporation
By: ________________________
Timothea “Timmi” Tway, Community Development Director
APPROVED AS TO FORM AND LEGAL EFFECT:
By:____________________
Christine Dietrick, City Attorney
1808\03\1835187.4
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Seal Above)
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
1808\03\1835187.4
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary
Public, personally appeared ______________________________________, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
_____________________________________
Signature of Notary Public (Seal Above)
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
1808\03\1835187.4 A-1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL A:
(Parcel 1 of SLO AL 22-0011 – Doc. #2022-032524)
Those portions of Parcel 1 and Parcel 2 of Parcel Map SLO 19-0114, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to map recorded November 25, 2020 in Book
82, Page 82 of Parcel Maps, filed in the office of the County Recorder of said County, lying southerly and
southwesterly of the following described line:
Beginning at the southeasterly corner of said Parcel 2, being a point in the westerly right of way line of
Laurel Lane, 81.00 feet wide, as shown on said map; thence along the southerly line of said Parcel 2,
North 57°16’14” West 337.08 feet, to an angle point on said line; thence South 48°53’54” West 51.39
feet to a point on said line; thence leaving said line, North 57°36’19” West 28.10 feet; thence North
12°17’31” West 24.98 feet; thence North 57°12’35” West 168.58 feet; thence North 32°42’19” East 50.90
feet; thence North 57°17’41” West 290.55 feet; thence South 32°42’19” West 16.63 feet; thence North
57°17’41” West 275.64 feet, more or less, to a point on the westerly line of said Parcel 1, distant South
41°13’29” West 117.83 feet from the most northerly corner of said Parcel 1 as shown on said map.
PARCEL A-1:
Non-exclusive easements for access, parking and utilities and incidental rights thereto as set forth in that
certain document entitled, "Reciprocal Easement Agreement and Declaration of Covenants, Conditions
and Restrictions" recorded on November 25, 2020 as instrument no. 2020-69315, San Luis Obispo County
Official Records.
Portion of 004-962-034 and Portion of 004-962-035
1808\03\1835187.4 B-1
EXHIBIT B
MAP SHOWING LOCATION OF AFFORDABLE UNITS AND SCHEDULE OF
AFFORDABLE UNITS
Unit Number Square Footage Bedroom Count Affordability
Commented [GO6]: Provide Map of Unit and Complete Table
1
From:Nichols, Vanessa
Sent:Tuesday, August 15, 2023 4:08 PM
To:Travis Dunn; Chuck Braff
Cc:Heather Wiebe
Subject:RE: Laurel - Addressing
Hi,
I have put in a request to GIS to see if they have completed processing the addressing. I have expressed the need for
this to be wrapped up as soon as possible. I should have it over to you no later than this time next week. I will keep
you update if this timeline changes.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Tuesday, August 15, 2023 9:40 AM
To: Nichols, Vanessa <vnichols@slocity.org>; Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>
Subject: RE: Laurel - Addressing
Good morning, Vanessa. I wanted to check in on the official addressing being submitted to the Postmaster General. Can you let
me know what the status of this is and when this can be completed? The purchase of the mailboxes takes roughly 8 weeks from
design approval. We are scheduled to have people move in close to a month from now, putting these mailboxes as critical.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Tuesday, July 18, 2023 7:14 AM
To: Chuck Braff <chuck@westpacinv.com>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>; Michaela Denny
2
<michaela@westpacinv.com>
Subject: RE: Laurel - Addressing
Good Morning,
Yes, we can finalize this addressing. Let me know if you have any other questions or if I can be of any additional
assistance.
Have a good day.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Monday, July 17, 2023 10:05 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
can we finalize?
Chuck Braff
M: 310.990.6897
On Jul 6, 2023, at 3:06 PM, Nichols, Vanessa <vnichols@slocity.org> wrote:
Hi,
Attached I believe to be the final addressing exhibit for 1150 Laurel Lane. Please let me know if you
have any questions or see any issues.
Thank you.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
3
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, July 4, 2023 5:18 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
This is fine.
Chuck Braff
M: 310.990.6897
On Jun 30, 2023, at 5:25 PM, Nichols, Vanessa <vnichols@slocity.org> wrote:
Hi,
Can we change what we currently have the commercial suites to the following??:
135 to 136
136 to 137
137 to 138
138 to 139
This above change will allow us to have the 135 residential unit remain.
Let me know your thoughts.
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, June 30, 2023 11:40 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn <travis@westpacinv.com>;
Michaela Denny <michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
4
There are two 135's. One is in the warehouse and one is an apartment on the north. See red
circles on attachment.
Church has mail delivered already to suite 120 so try the changes shared on the attached.
Then we should be good.
Chuck Braff
M: 310.990.6897
On Jun 29, 2023, at 9:58 AM, Nichols, Vanessa <vnichols@slocity.org> wrote:
Good Morning,
Attached you will find the suite/unit addressing for 1150 Laurel Lane. Let
me know if you have any questions. I will be getting this processed out
next week.
Have a great Thursday!
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, June 16, 2023 11:36 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn
<travis@westpacinv.com>; Michaela Denny <michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
4 please. Better safe than sorry.
Thanks Vanessa
Chuck Braff
M: 310.990.6897
On Jun 16, 2023, at 11:18 AM, Nichols, Vanessa
<vnichols@slocity.org> wrote:
Okay, so the A, B & C are not acceptable to GIS. Each
space will have a number. I just needed to confirm how
many separate spaces you have under 120. Is it three?
four? We need to know if there is potential for an
additional space to be created in the future to plan ahead
on assigning suite numbers. Hopefully this makes sense.
Vanessa Nichols
Building Permit Services Supervisor
5
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-
notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, June 16, 2023 10:40 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-studio.com>; Travis Dunn
<travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
I am no artist!!! 120B will have 2 spaces across the hall.
120C is a single office
120A is a single area.
Hope that makes sense. I may be going crazy after 4+ years
here.
<image005.png>
Chuck Braff
M: 310.990.6897
On Jun 13, 2023, at 3:55 PM, Nichols, Vanessa
<vnichols@slocity.org> wrote:
So, to confirm what you have documented
on this exhibit as 120A is only one space. Is
this correct? GIS is concerned that it shows
two spaces of 136 & 138. Don’t want to
assign one number and then need another
number in the future. Or at least they want
to plan for the scenario. Let me know.
Vanessa Nichols
Building Permit Services Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis Obispo, CA
93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.png><image00
4.png>
Stay connected with the City by signing up
for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, June 13, 2023 2:06 PM
6
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Heather Wiebe <heather@arris-
studio.com>; Travis Dunn
<travis@westpacinv.com>; Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
Thank you for that. Please see attached. I think
the blue tags work well. They can be in any
order but they do delineate 3 spaces.
120 A
120 B
120 C
<image005.png>
Chuck Braff
M: 310.990.6897
On Jun 13, 2023, at 1:53 PM,
Nichols, Vanessa
<vnichols@slocity.org> wrote:
Hi,
We have almost finalized this
addressing. However, we
have one question, the area
you marked as Suite 120 will
that eventually have another
tenant and need another
suite number? It looks like
the box that says vacant
should maybe have its own
number. Appreciate any
clarification you can provide
on this point.
Vanessa Nichols
Building Permit Services
Supervisor
<image001.png>
Community Development
919 Palm Street, San Luis
Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.
png><image004.png>
Stay connected with the City
by signing up for e-
notifications
From: Heather Wiebe
<heather@arris-studio.com>
Sent: Thursday, May 11, 2023
1:34 PM
To: Nichols, Vanessa
7
<vnichols@slocity.org>
Cc: Travis Dunn
<travis@westpacinv.com>;
Michaela Denny
<michaela@westpacinv.com>;
Chuck Braff
<chuck@westpacinv.com>
Subject: RE: Laurel - Addressing
Hi Vanessa,
We made a few markups on the
attached addressing plan and
wanted to see if you are free to
discuss. We would prefer to
have unit numbers stack from
first to second level throughout
the warehouse.
Please let us know your
thoughts on this.
Regards,
Heather Wiebe
Arris Studio Architects
1327 Archer Street, Suite 220
San Luis Obispo, CA 93401
Ph: (805) 547-2240 ext. 118
Fax: (805) 547-2241
Email: heather@arris-studio.com
Web: ARRISSTUDIOARCH.com
From: Nichols, Vanessa
<vnichols@slocity.org>
Sent: Tuesday, May 9, 2023
2:51 PM
To: Chuck Braff
<chuck@westpacinv.com>
Cc: Heather Wiebe
<heather@arris-studio.com>;
Travis Dunn
<travis@westpacinv.com>;
Michaela Denny
<michaela@westpacinv.com>
Subject: RE: Laurel - Addressing
Hi,
Attached you will find the
assigned unit numbering for
the apartments at 1150
Laurel Lane. Please let me
know if you have any
questions.
Thank you.
Vanessa Nichols
Permit Services Coordinator
8
<image001.png>
Community Development
919 Palm Street, San Luis
Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
<image002.png><image003.
png><image004.png>
Stay connected with the City
by signing up for e-
notifications
From: Chuck Braff
<chuck@westpacinv.com>
Sent: Tuesday, May 2, 2023
12:44 PM
To: Nichols, Vanessa
<vnichols@slocity.org>
Cc: Heather Wiebe
<heather@arris-studio.com>;
Travis Dunn
<travis@westpacinv.com>;
Michaela Denny
<michaela@westpacinv.com>
Subject: Re: Laurel - Addressing
Thank you.
Chuck Braff
M: 310.990.6897
On May 2,
2023, at 8:19
AM, Nichols,
Vanessa
<vnichols@sloci
ty.org> wrote:
Hi Chuck,
Yes, we were
able to come
up with unit
numbers that
both Fire and
GIS were
good with. I
will get is
finalized and
over to you by
the end of the
week.
Thank you.
9
Vanessa
Nichols
Permit
Services
Coordinator
<image001.pn
g>
Community
Development
919 Palm
Street, San
Luis Obispo,
CA 93401-
3218
E vnichols@sl
ocity.org
T 805.781.758
8
slocity.org
<image002.pn
g><image003.
png><image0
04.png>
Stay
connected
with the City
by signing up
for e-
notifications
From: Chuck
Braff
<chuck@westp
acinv.com>
Sent: Monday,
May 1, 2023
3:15 PM
To: Nichols,
Vanessa
<vnichols@sloci
ty.org>
Cc: Heather
Wiebe
<heather@arris
-studio.com>;
Travis Dunn
<travis@westp
acinv.com>;
Michaela
Denny
<michaela@we
stpacinv.com>
Subject: Re:
Laurel -
Addressing
Vanessa-
10
Were you able
to come to a
strategy? I am
happy to help.
The building is
complicated for
sure.
Chuck Braff
M:
310.990.6897
O
n
A
p
r
4
,
2
0
2
3
,
a
t
5
:
2
3
P
M
,
C
h
a
r
l
e
s
B
r
a
f
f
<
c
h
u
c
k
@
w
1
From:building <building@slocity.org>
Sent:Thursday, August 10, 2023 9:24 AM
To:Ben Gulstad; Nichols, Vanessa
Cc:building; Heather Wiebe
Subject:RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Attachments:Revision Form.pdf
Good morning,
Please see attached Revision form. Let us know if you require anything further.
Thank you,
Erin Stanley
Permit Technician I
Community Development
E EStanley@slocity.org
T 805.781.7159
slocity.org
Stay connected with the City by signing up for e-notifications
From: Ben Gulstad <bgulstad@arris-studio.com>
Sent: Thursday, August 10, 2023 9:03 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: building <building@slocity.org>; Heather Wiebe <heather@arris-studio.com>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Good morning!
The contractor is really pushing to get this form submitted. Could you please send me the correct pdf form to fill out so I can
email it to Vanessa directly?
Thank you,
Ben Gulstad | Arris Studio Architects
(805) 547-2240 ext 123 | bgulstad@arris-studio.com
From: Ben Gulstad
Sent: Wednesday, August 9, 2023 9:26 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: building <building@slocity.org>; Heather Wiebe <heather@arris-studio.com>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hello Vanessa,
2
I am only familiar with the revision to permit process through InfoSLO, via uploading to the portal and completing the Staff
Notification form. If there is an alternate revision form pdf to fill out, would you be able to forward it over?
That being said, I’ve also sent in a Contact Update form for myself to be added to this permit for future access.
Thanks so much!
Ben Gulstad | Arris Studio Architects
(805) 547-2240 ext 123 | bgulstad@arris-studio.com
From: Travis Dunn <travis@westpacinv.com>
Sent: Tuesday, August 8, 2023 9:19 AM
To: Nichols, Vanessa <vnichols@slocity.org>; Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; building <building@slocity.org>; Juan Alvarez <juan@ashleyvance.com>; Heather
Wiebe <heather@arris-studio.com>; Ben Gulstad <bgulstad@arris-studio.com>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi Vanessa,
Thank you for talking with on this today. I have our Civil Engineer making the revisions needed. Then Heather or Ben will
complete the revision form and submit directly to you as you asked by email for a quick turnaround.
Let me know if you there is anything else.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Wednesday, August 2, 2023 4:17 PM
To: Travis Dunn <travis@westpacinv.com>; Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi,
A note on a valve does not mean there is a water meter. Nothing on the plan you provided call for the install of a new
2” water meter. There is has a note (W2) calling out the existing 1” water meter and 2” water service for the
commercial use. If you would like to upgrade this meter to a 2” water meter you will need to submit a revision and we
can get that new meter processed that way. Let me know if you have any questions.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
3
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Wednesday, August 2, 2023 2:01 PM
To: Nichols, Vanessa <vnichols@slocity.org>; Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; building <building@slocity.org>
Subject: Re: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi Vanessa,
Yes, the plans had a 2" valve on the plans. See screenshot below.
4
5
6
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Friday, July 28, 2023 3:37 PM
To: Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi,
Was the new 2” water meter shown on the plans associated with BLDG-1885-2020 permit?
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Michaela Denny <michaela@westpacinv.com>
Sent: Thursday, July 27, 2023 12:44 PM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Vanessa,
Following up on this for the 2” meter. Please send us a work order and invoice so we can schedule the installation in the field.
Michaela Denny
7
Smith and Company
Project Manager
M: 760.468.5776
From: Michaela Denny
Sent: Wednesday, July 26, 2023 9:11 AM
To: Nichols, Vanessa
Cc: Chuck Braff; Travis Dunn; building
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Vanessa,
Can we revise this work order to include a 2” Commercial meter as well?
Michaela Denny
Smith and Company
Project Manager
M: 760.468.5776
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Wednesday, June 28, 2023 12:55:31 PM
To: Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi,
Attached you will find the work order for the new water meter for this project. Let me know if you have any questions
or if I can be of an additional assistance.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: building <building@slocity.org>
Sent: Wednesday, June 28, 2023 10:31 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Subject: FW: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Work Order for Laurel Creek Apts
Nicole Young
Permit Technician II
8
Community Development
E nyoung@slocity.org
T 805.781.7101
slocity.org
Stay connected with the City by signing up for e-notifications
From: Michaela Denny <michaela@westpacinv.com>
Sent: Tuesday, June 27, 2023 3:08 PM
To: building <building@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>
Subject: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Good Afternoon,
Reaching out to obtain utility work orders for the new 2” and 6” waterlines that we are installing on the frontage of 1150 Laurel
Lane per BLDG-1885-2020 & PM SLO-19-0114.
Our underground subcontractor will be starting the street improvements tomorrow under the encroachment that we have with
public works.
I’ve been told that Building will supply the work order and then public works will coordinate the installation of these water
meters.
Let me know if there is anything you need from me to get these work orders processed.
Thank you,
Michaela Denny
Smith and Company
Project Manager
M: 760.468.5776
Request for Design Revision & Deferred Submittal
to City Approved Plans
Project Address:
Contact Person: Phone:
□ Plan Revision □ Truss Calculations □ Shop Drawings □ Fire sprinkler □ Fire Alarm
□ Other
Revision fee required at time of submittal. If adding square feet, please submit a
Construction Permit Application, not a Revision.
Provide a detailed description of all proposed changes (list all changes separately):
1.
2.
3.
4.
Proposed Changes Submitted By:
Phone: Date:
OFFICE USE ONLY
Application Number: # Plans # Energy
Date: # Structural Calcs # Soils Reports
Received By: # Specs # Truss Calcs
Other:
Revised 2014
Building & Safety Division
Community Development T 805.781.7180
919 Palm Street, San Luis Obispo, CA 93401-3218 F 805.781.7182
1
From:Ben Gulstad <bgulstad@arris-studio.com>
Sent:Thursday, August 10, 2023 9:33 AM
To:building; Nichols, Vanessa
Cc:Heather Wiebe
Subject:RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Received! Thanks so much Erin, we will fill this out and send in this morning.
Best,
Ben Gulstad | Arris Studio Architects
(805) 547-2240 ext 123 | bgulstad@arris-studio.com
From: building <building@slocity.org>
Sent: Thursday, August 10, 2023 9:24 AM
To: Ben Gulstad <bgulstad@arris-studio.com>; Nichols, Vanessa <vnichols@slocity.org>
Cc: building <building@slocity.org>; Heather Wiebe <heather@arris-studio.com>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Good morning,
Please see attached Revision form. Let us know if you require anything further.
Thank you,
Erin Stanley
Permit Technician I
Community Development
E EStanley@slocity.org
T 805.781.7159
slocity.org
Stay connected with the City by signing up for e-notifications
From: Ben Gulstad <bgulstad@arris-studio.com>
Sent: Thursday, August 10, 2023 9:03 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: building <building@slocity.org>; Heather Wiebe <heather@arris-studio.com>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Good morning!
The contractor is really pushing to get this form submitted. Could you please send me the correct pdf form to fill out so I can
email it to Vanessa directly?
Thank you,
2
Ben Gulstad | Arris Studio Architects
(805) 547-2240 ext 123 | bgulstad@arris-studio.com
From: Ben Gulstad
Sent: Wednesday, August 9, 2023 9:26 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: building <building@slocity.org>; Heather Wiebe <heather@arris-studio.com>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hello Vanessa,
I am only familiar with the revision to permit process through InfoSLO, via uploading to the portal and completing the Staff
Notification form. If there is an alternate revision form pdf to fill out, would you be able to forward it over?
That being said, I’ve also sent in a Contact Update form for myself to be added to this permit for future access.
Thanks so much!
Ben Gulstad | Arris Studio Architects
(805) 547-2240 ext 123 | bgulstad@arris-studio.com
From: Travis Dunn <travis@westpacinv.com>
Sent: Tuesday, August 8, 2023 9:19 AM
To: Nichols, Vanessa <vnichols@slocity.org>; Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; building <building@slocity.org>; Juan Alvarez <juan@ashleyvance.com>; Heather
Wiebe <heather@arris-studio.com>; Ben Gulstad <bgulstad@arris-studio.com>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi Vanessa,
Thank you for talking with on this today. I have our Civil Engineer making the revisions needed. Then Heather or Ben will
complete the revision form and submit directly to you as you asked by email for a quick turnaround.
Let me know if you there is anything else.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Wednesday, August 2, 2023 4:17 PM
To: Travis Dunn <travis@westpacinv.com>; Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi,
A note on a valve does not mean there is a water meter. Nothing on the plan you provided call for the install of a new
2” water meter. There is has a note (W2) calling out the existing 1” water meter and 2” water service for the
3
commercial use. If you would like to upgrade this meter to a 2” water meter you will need to submit a revision and we
can get that new meter processed that way. Let me know if you have any questions.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Wednesday, August 2, 2023 2:01 PM
To: Nichols, Vanessa <vnichols@slocity.org>; Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; building <building@slocity.org>
Subject: Re: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi Vanessa,
Yes, the plans had a 2" valve on the plans. See screenshot below.
4
5
6
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Friday, July 28, 2023 3:37 PM
To: Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi,
Was the new 2” water meter shown on the plans associated with BLDG-1885-2020 permit?
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Michaela Denny <michaela@westpacinv.com>
Sent: Thursday, July 27, 2023 12:44 PM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Vanessa,
Following up on this for the 2” meter. Please send us a work order and invoice so we can schedule the installation in the field.
Michaela Denny
7
Smith and Company
Project Manager
M: 760.468.5776
From: Michaela Denny
Sent: Wednesday, July 26, 2023 9:11 AM
To: Nichols, Vanessa
Cc: Chuck Braff; Travis Dunn; building
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Vanessa,
Can we revise this work order to include a 2” Commercial meter as well?
Michaela Denny
Smith and Company
Project Manager
M: 760.468.5776
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Wednesday, June 28, 2023 12:55:31 PM
To: Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi,
Attached you will find the work order for the new water meter for this project. Let me know if you have any questions
or if I can be of an additional assistance.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: building <building@slocity.org>
Sent: Wednesday, June 28, 2023 10:31 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Subject: FW: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Work Order for Laurel Creek Apts
Nicole Young
Permit Technician II
8
Community Development
E nyoung@slocity.org
T 805.781.7101
slocity.org
Stay connected with the City by signing up for e-notifications
From: Michaela Denny <michaela@westpacinv.com>
Sent: Tuesday, June 27, 2023 3:08 PM
To: building <building@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>
Subject: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Good Afternoon,
Reaching out to obtain utility work orders for the new 2” and 6” waterlines that we are installing on the frontage of 1150 Laurel
Lane per BLDG-1885-2020 & PM SLO-19-0114.
Our underground subcontractor will be starting the street improvements tomorrow under the encroachment that we have with
public works.
I’ve been told that Building will supply the work order and then public works will coordinate the installation of these water
meters.
Let me know if there is anything you need from me to get these work orders processed.
Thank you,
Michaela Denny
Smith and Company
Project Manager
M: 760.468.5776
1
From:Travis Dunn <travis@westpacinv.com>
Sent:Tuesday, August 8, 2023 9:19 AM
To:Nichols, Vanessa; Michaela Denny
Cc:Chuck Braff; building; Juan Alvarez; Heather Wiebe; Ben Gulstad
Subject:RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi Vanessa,
Thank you for talking with on this today. I have our Civil Engineer making the revisions needed. Then Heather or Ben will
complete the revision form and submit directly to you as you asked by email for a quick turnaround.
Let me know if you there is anything else.
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Wednesday, August 2, 2023 4:17 PM
To: Travis Dunn <travis@westpacinv.com>; Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi,
A note on a valve does not mean there is a water meter. Nothing on the plan you provided call for the install of a new
2” water meter. There is has a note (W2) calling out the existing 1” water meter and 2” water service for the
commercial use. If you would like to upgrade this meter to a 2” water meter you will need to submit a revision and we
can get that new meter processed that way. Let me know if you have any questions.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
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From: Travis Dunn <travis@westpacinv.com>
Sent: Wednesday, August 2, 2023 2:01 PM
2
To: Nichols, Vanessa <vnichols@slocity.org>; Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; building <building@slocity.org>
Subject: Re: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi Vanessa,
Yes, the plans had a 2" valve on the plans. See screenshot below.
3
4
5
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Friday, July 28, 2023 3:37 PM
To: Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi,
Was the new 2” water meter shown on the plans associated with BLDG-1885-2020 permit?
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Michaela Denny <michaela@westpacinv.com>
Sent: Thursday, July 27, 2023 12:44 PM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Vanessa,
Following up on this for the 2” meter. Please send us a work order and invoice so we can schedule the installation in the field.
Michaela Denny
6
Smith and Company
Project Manager
M: 760.468.5776
From: Michaela Denny
Sent: Wednesday, July 26, 2023 9:11 AM
To: Nichols, Vanessa
Cc: Chuck Braff; Travis Dunn; building
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Vanessa,
Can we revise this work order to include a 2” Commercial meter as well?
Michaela Denny
Smith and Company
Project Manager
M: 760.468.5776
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Wednesday, June 28, 2023 12:55:31 PM
To: Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi,
Attached you will find the work order for the new water meter for this project. Let me know if you have any questions
or if I can be of an additional assistance.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
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From: building <building@slocity.org>
Sent: Wednesday, June 28, 2023 10:31 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Subject: FW: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Work Order for Laurel Creek Apts
Nicole Young
Permit Technician II
7
Community Development
E nyoung@slocity.org
T 805.781.7101
slocity.org
Stay connected with the City by signing up for e-notifications
From: Michaela Denny <michaela@westpacinv.com>
Sent: Tuesday, June 27, 2023 3:08 PM
To: building <building@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>
Subject: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Good Afternoon,
Reaching out to obtain utility work orders for the new 2” and 6” waterlines that we are installing on the frontage of 1150 Laurel
Lane per BLDG-1885-2020 & PM SLO-19-0114.
Our underground subcontractor will be starting the street improvements tomorrow under the encroachment that we have with
public works.
I’ve been told that Building will supply the work order and then public works will coordinate the installation of these water
meters.
Let me know if there is anything you need from me to get these work orders processed.
Thank you,
Michaela Denny
Smith and Company
Project Manager
M: 760.468.5776
1
From:Rachel Kovesdi <rachel@kovesdiconsulting.com>
Sent:Tuesday, August 8, 2023 4:43 PM
To:Tway, Timothea (Timmi)
Subject:Re: Laurel MAster Plan Project Processing Guidance
Hi Timmi,
Great job, you. That was fun. (I don’t oŌen have an opportunity to “nerd out” on overarching planning concepts these days.) You
and the Mayor were terrific interlocutors.
We’ll look forward to seeing you tomorrow. Very best regards,
RKK
Rachel Kovesdi
Kovesdi Consulting
3940-7 Broad Street, #139
San Luis Obispo, CA 93401
(805) 471-2948
Rachel@KovesdiConsulting.com
From: "Tway, Timothea (Timmi)" <TTway@slocity.org>
Date: Tuesday, August 8, 2023 at 3:50 PM
To: "rachel@kovesdiconsulting.com" <rachel@kovesdiconsulting.com>
Subject: RE: Laurel MAster Plan Project Processing Guidance
Hi Rachel,
Great job on the panel today – I thought it went really well!
Please come to city hall tomorrow, we will be meeting in the conference room adjacent to the Council Chambers.
Thanks!
Timothea (Timmi) Tway
Director of Community Development
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
Stay connected with the City by signing up for e-notifications
From: Rachel Kovesdi <rachel@kovesdiconsulting.com>
Sent: Monday, August 7, 2023 11:41 AM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Subject: Re: Laurel MAster Plan Project Processing Guidance
2
Good Morning Timmi,
I hope you’re doing well and enjoyed the weekend.
Tyler should definitely be included – thanks for the great suggesƟon.
Chuck Braff (Westpac), Ben Gulstad (Arris Architect) and I will be at your office at 11 on Wednesday.
Thanks for your rapid response – I’ll look forward to a producƟve discussion. Very best regards,
RKK
Rachel Kovesdi
Kovesdi Consulting
3940-7 Broad Street, #139
San Luis Obispo, CA 93401
(805) 471-2948
Rachel@KovesdiConsulting.com
From: "Tway, Timothea (Timmi)" <TTway@slocity.org>
Date: Monday, August 7, 2023 at 10:35 AM
To: "rachel@kovesdiconsulting.com" <rachel@kovesdiconsulting.com>
Subject: RE: Laurel MAster Plan Project Processing Guidance
Hi Rachel,
It was nice to meet you as well!
Happy to talk through the project, however, I would like to include Tyler Corey if possible, as he is the Planning
Division manager and will likely have the most context. It appears that the group is available on Wednesday from 11
to 12 if that works for you. Please let me know,
Thanks!
Timothea (Timmi) Tway
Director of Community Development
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
Stay connected with the City by signing up for e-notifications
From: Rachel Kovesdi <rachel@kovesdiconsulting.com>
Sent: Friday, August 4, 2023 4:07 PM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Subject: Laurel MAster Plan Project Processing Guidance
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
3
Good AŌernoon Timmi,
It was great “meeƟng” you today – I’m looking forward to our Chamber discussion on Tuesday.
Speaking of discussions, I’m hoping that you can find some Ɵme in the coming week or so for a mee Ɵng regarding the Laurel
Master Plan project (1150-1160 Laurel Lane). I’m working with Westpac on that project, and we’d love to get some direc Ɵon on
how you would prefer we process that applicaƟon. There are a number of different processing avenues, and your input will
ensure that the applicant team and City staff start the process on the same page.
Hannah Hahn is our planner for the project, and we’d appreciate both of you, as well as Kyle Bell parƟcipaƟng in the meeƟng.
(Although Kyle can’t process the applicaƟon, since he lives in close proximity, he has an incredibly comprehensive knowledge of
the City’s Muni Code (he may have a photographic memory), and that familiarity would be par Ɵcularly helpful.)
Please let me know if your schedule can accommodate a meeƟng. Thanks and very best regards,
RKK
Rachel Kovesdi
Kovesdi Consulting
3940-7 Broad Street, #139
San Luis Obispo, CA 93401
(805) 471-2948
Rachel@KovesdiConsulting.com
1
From:Rachel Kovesdi <rachel@kovesdiconsulting.com>
Sent:Monday, August 7, 2023 11:41 AM
To:Tway, Timothea (Timmi)
Subject:Re: Laurel MAster Plan Project Processing Guidance
Good Morning Timmi,
I hope you’re doing well and enjoyed the weekend.
Tyler should definitely be included – thanks for the great suggesƟon.
Chuck Braff (Westpac), Ben Gulstad (Arris Architect) and I will be at your office at 11 on Wednesday.
Thanks for your rapid response – I’ll look forward to a producƟve discussion. Very best regards,
RKK
Rachel Kovesdi
Kovesdi Consulting
3940-7 Broad Street, #139
San Luis Obispo, CA 93401
(805) 471-2948
Rachel@KovesdiConsulting.com
From: "Tway, Timothea (Timmi)" <TTway@slocity.org>
Date: Monday, August 7, 2023 at 10:35 AM
To: "rachel@kovesdiconsulting.com" <rachel@kovesdiconsulting.com>
Subject: RE: Laurel MAster Plan Project Processing Guidance
Hi Rachel,
It was nice to meet you as well!
Happy to talk through the project, however, I would like to include Tyler Corey if possible, as he is the Planning
Division manager and will likely have the most context. It appears that the group is available on Wednesday from 11
to 12 if that works for you. Please let me know,
Thanks!
Timothea (Timmi) Tway
Director of Community Development
Community Development
919 Palm, San Luis Obispo, CA 93401-3249
E TTway@slocity.org
T 805.781.7187
slocity.org
2
Stay connected with the City by signing up for e-notifications
From: Rachel Kovesdi <rachel@kovesdiconsulting.com>
Sent: Friday, August 4, 2023 4:07 PM
To: Tway, Timothea (Timmi) <TTway@slocity.org>
Subject: Laurel MAster Plan Project Processing Guidance
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Good AŌernoon Timmi,
It was great “meeƟng” you today – I’m looking forward to our Chamber discussion on Tuesday.
Speaking of discussions, I’m hoping that you can find some Ɵme in the coming week or so for a mee Ɵng regarding the Laurel
Master Plan project (1150-1160 Laurel Lane). I’m working with Westpac on that project, and we’d love to get some direc Ɵon on
how you would prefer we process that applicaƟon. There are a number of different processing avenues, and your input will
ensure that the applicant team and City staff start the process on the same page.
Hannah Hahn is our planner for the project, and we’d appreciate both of you, as well as Kyle Bell parƟcipaƟng in the meeƟng.
(Although Kyle can’t process the applicaƟon, since he lives in close proximity, he has an incredibly comprehensive knowledge of
the City’s Muni Code (he may have a photographic memory), and that familiarity would be par Ɵcularly helpful.)
Please let me know if your schedule can accommodate a meeƟng. Thanks and very best regards,
RKK
Rachel Kovesdi
Kovesdi Consulting
3940-7 Broad Street, #139
San Luis Obispo, CA 93401
(805) 471-2948
Rachel@KovesdiConsulting.com
1
From:Rachel Kovesdi <rachel@kovesdiconsulting.com>
Sent:Friday, August 4, 2023 4:07 PM
To:Tway, Timothea (Timmi)
Subject:Laurel MAster Plan Project Processing Guidance
Flag Status:Completed
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Good AŌernoon Timmi,
It was great “meeƟng” you today – I’m looking forward to our Chamber discussion on Tuesday.
Speaking of discussions, I’m hoping that you can find some Ɵme in the coming week or so for a mee Ɵng regarding the Laurel
Master Plan project (1150-1160 Laurel Lane). I’m working with Westpac on that project, and we’d love to get some direc Ɵon on
how you would prefer we process that applicaƟon. There are a number of different processing avenues, and your input will
ensure that the applicant team and City staff start the process on the same page.
Hannah Hahn is our planner for the project, and we’d appreciate both of you, as well as Kyle Bell parƟcipaƟng in the meeƟng.
(Although Kyle can’t process the applicaƟon, since he lives in close proximity, he has an incredibly comprehensive knowledge of
the City’s Muni Code (he may have a photographic memory), and that familiarity would be par Ɵcularly helpful.)
Please let me know if your schedule can accommodate a meeƟng. Thanks and very best regards,
RKK
Rachel Kovesdi
Kovesdi Consulting
3940-7 Broad Street, #139
San Luis Obispo, CA 93401
(805) 471-2948
Rachel@KovesdiConsulting.com
1
From:Hanh, Hannah
Sent:Thursday, August 24, 2023 1:25 PM
To:Cristi Fry; Symens, Sadie
Cc:Chuck Braff; Goode, Owen
Subject:RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
To follow-up on your question about the legal description –
The Affordable Housing Agreement would need to apply to the current legal description. While the airspace map is in
process, it is not yet recorded. Please note this agreement was also supposed to be recorded prior to issuance of the
initial building permit for the first 31 units, but was deferred to provide flexibility.
Let me know if you have any other questions,
Hannah
From: Symens, Sadie <ssymens@slocity.org>
Sent: Tuesday, August 22, 2023 4:27 PM
To: Cristi Fry <cristi@coast-inc.com>; Hanh, Hannah <hhanh@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Goode, Owen <ogoode@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
My understanding is that the loan from CPIF California LLC affects “Parcel 1,” which is now being subdivided into
Parcels 1-9 (the affordable unit being in new Parcel 7), so at least as to the Subordination Agreement, it will refer to
the entirety of the former “Parcel 1.”
We need the name and title of the person who will be signing on behalf of lender. Can you please contact them for this
information? We cannot fill it in later or upon execution.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
City Attorney's Office
E ssymens@slocity.org
slocity.org
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The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the
designated addressee named above. The information transmitted is subject to the attorney-client privilege
and/or represents confidential attorney work product. Recipients should not file copies of this email with
2
publicly accessible records. If you are not the designated addressee named above or the authorized agent
responsible for delivering it to the designated addressee, you received this document through inadvertent
error and any further review, dissemination, distribution or copying of this communication by you or anyone
else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 22, 2023 4:06 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Goode, Owen <ogoode@slocity.org>; Symens, Sadie <ssymens@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hannah,
Thank you!
Lender Information - name and title is typically printed in by the signator.
Shouldn't the legal description only encumber the airspace parcel the designated affordable unit is located in (Parcel 7) and not
all 9 parcels?
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is being provided as a courtesy only. The
requested electronic file(s) remain the property of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of work and/or as-built
condition.
On Tue, Aug 22, 2023 at 2:51 PM Hanh, Hannah <hhanh@slocity.org> wrote:
Chuck and Cristi,
Please coordinate with me on these agreements since Owen is out of the office. See attached for the revised
agreements. I made edits based on the information provided. There are just a few minor outstanding items
highlighted below.
Affordable Housing Agreement
Latest edits
o Unit 109 is now identified as the affordable unit.
3
o The legal description has been updated to match the legal description provided in the 06/08/2023
preliminary title report. The referenced APN now matches with the APN provided by Cristi.
o 1160 Laurel, LLC and Patrick Smith are now identified in the owner signature.
o Table for ‘Exhibit B’ is now partially completed.
Outstanding information
o Provide a clean floor plan that identifies the affordable unit, including the square footage. This will be
included as ‘Exhibit B’ in the agreement. Please make sure all information is legible as the Clerk will
reject any exhibits that are illegible.
Subordination Agreement
Latest edits
o 1160 Laurel, LLC and Patrick Smith are now identified in the owner signature.
o The legal description has been updated to match the legal description provided in the 06/08/2023
preliminary title report. The referenced APN now matches with the APN provided by Cristi.
Outstanding information
o Please identify who will be signing for CPIF California, LLC. The exact contact is required.
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
T 805.781.7432
slocity.org
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From: Hanh, Hannah
Sent: Friday, August 18, 2023 12:46 PM
To: Chuck Braff <chuck@westpacinv.com>; Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie <SSymens@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Since Owen is out of the office, let me speak to our Housing team next week about an alternative. Those folks are out
of the office today and Monday, so I will update you Tuesday, 08/22 on who to coordinate with and wrap up the
agreement.
4
Sincerely,
Hannah Hanh
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E hhanh@slocity.org
T 805.781.7432
slocity.org
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Friday, August 18, 2023 10:47 AM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Goode, Owen <ogoode@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen is out of the office until the 5th of September. Is there someone else we can move this along with?
Chuck Braff
M: 310.990.6897
On Aug 18, 2023, at 10:22 AM, Charles Braff <chuck@westpacinv.com> wrote:
Please see attached. We can get you a clean copy but this is the current addressing sheet I received from
Vanessa. Note unit 109 (top right corner).
<1150 Laurel Lane - Addressing 2 (dragged).pdf>
Chuck Braff
M: 310.990.6897
5
On Aug 18, 2023, at 10:16 AM, Cristi Fry <cristi@coast-inc.com> wrote:
1. Chuck has confirmed that Unit 109 is the designated affordable apartment, which is located
within airspace Parcel 7. He also emailed an exhibit showing the location.
2. The legal description for the Agreement should be:
Parcel 7 of Parcel Map SLO 21-0007 per map recorded in Book ___ of Parcel Maps, at
Page _____, on file in the office of the County Recorder, San Luis Obispo County,
California.
(The map book and page will be filled in by the recorder when it records concurrently.)
3. Yes, that is format for Laurel Creek, LP signtures on the Affordable Housing Agreement, the
JUA, and the Notice of Requirements. We do not hardly ever know who signs on behalf of the
lender and leave it blank to fill in their name and title on the Subordination Agreements.
Please get the final Affordable Housing Agreement and the Notice of Requirements to me, and
I will coordinate owner/lender Notarized signatures on all 3 documents (including the JUA).
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
6
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or guarantees
are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Thu, Aug 17, 2023 at 5:23 PM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi, one follow up question,
Is the signature image you provided below for the affordability agreement? Could you
please confirm appropriate contacts for signatures for both Laurel Creek, LP and the
Beneficiary CPIF California, LLC, a California limited liability company.
I’d like to mention that I will be out of office starting tomorrow until September 5, but
these drafts are nearly ready. I’ve attached the drafts here and there is just the minor
outstanding information that is needed. Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Thursday, August 17, 2023 5:13 PM
7
To: Cristi Fry <cristi@coast-inc.com>
Cc: Symens, Sadie <SSymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Could you please just send me an updated legal description, the proposed affordable
unit number, and a site plan/map identifying the affordable unit? Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Thursday, August 17, 2023 4:13 PM
To: Goode, Owen <ogoode@slocity.org>
Cc: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Owen,
Chuck will need to provide the unit number.
Attached are answers to the questions within the document (Comments say made by Sarah
Wells - because I am working from her old computer today....)
8
In addition, please fix the APN reference at the end of the document.
Parcel 1 was assigned a new APN after the LLA recorded, APN 004-962-042 (see
attached)
Snip below from the 2022 LLA, shows signature format to use.
<image005.png>
Thank you!
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or guarantees
are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Thu, Aug 17, 2023 at 2:22 PM Goode, Owen <ogoode@slocity.org> wrote:
Good afternoon, Cristi,
Attached are drafts of the Rental Affordability Agreement for 1150 Laurel Lane with
the Subordination agreement. Please review the drafts and let us know if you have
any questions. I did add comments requesting confirmation of the affordable unit
(suite number and location), as well as requesting confirmation on authorized
signatories for both documents. Thank you.
9
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 3:33 PM
To: Symens, Sadie <ssymens@slocity.org>; Hanh, Hannah <hhanh@slocity.org>; Goode,
Owen <ogoode@slocity.org>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
If it helps, the owner's representative says there is a bond in place for the lien with California
Electric Supply.
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
10
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
---------- Forwarded message ---------
From: Jonathan Branoff <Jonathan@westpacinv.com>
Date: Tue, Aug 15, 2023 at 3:03 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Chuck Braff <chuck@westpacinv.com>, Patrick Smith
<psmith@westpacinv.com>
There is a bond in place for the lien with California Electric Supply
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:35 PM
To: Chuck Braff <chuck@westpacinv.com>; Patrick Smith <psmith@westpacinv.com>;
Jonathan Branoff <Jonathan@westpacinv.com>
Subject: Fwd: Affordable Housing Agreement - Laurel Creek
Has the mechanic's lien been resolved?
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
11
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
---------- Forwarded message ---------
From: Goode, Owen <ogoode@slocity.org>
Date: Tue, Aug 15, 2023 at 1:31 PM
Subject: RE: Affordable Housing Agreement - Laurel Creek
To: Cristi Fry <cristi@coast-inc.com>, Symens, Sadie <ssymens@slocity.org>
Hi Cristi,
I’m working on the affordable housing rental agreement right now for your team.
While affordable housing agreements do not require a lender’s signature, lenders that
record liens against the property will be required to sign the subordination agreement.
Sadie is helping me complete the subordination agreement for this project. Can you
please confirm if the mechanic’s lien filed by California Electric Supply been
resolved? This will help Sadie with the completion of the subordination agreement.
Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 1:27 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Goode, Owen <ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
12
I was going off that assumption, based on email from Kyle. I am coordinating lender
signatures now, so please let me know as soon as possible.
<image006.png>
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data is
being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Tue, Aug 15, 2023 at 12:27 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hi Cristi,
I’ve been working with Owen on a subordination agreement for the affordable
housing agreement, and I’m not sure I understand your statement that the AHA does
not need lender subordination; can you please explain why?
13
Also, Owen may have already reached out about this, but do you know if the
mechanic’s lien filed by California Electric Supply been resolved?
Thank you,
Sadie
From: Cristi Fry <cristi@coast-inc.com>
Sent: Tuesday, August 15, 2023 12:00 PM
To: Hanh, Hannah <hhanh@slocity.org>
Cc: La Chaine, Steve <slachaine@slocity.org>; Chuck Braff <chuck@westpacinv.com>; Stong,
Nate <nstong@slocity.org>; Symens, Sadie <ssymens@slocity.org>; Goode, Owen
<ogoode@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
Hello Hannah,
We are still awaiting the Affordable Housing Agreement (which does not need lender
subordination). What is the ETA on the Affordable Housing Agreement?
Please confirm we are good to send the attached Joint Use Agreement (Sadie has
approved) and attached Notice of Requirements (Steve laChaine prepared) for owner and
lender signatures. These documents both need lender subordination.
Thanks,
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
14
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Tue, Aug 8, 2023 at 2:54 PM Goode, Owen <ogoode@slocity.org> wrote:
This works thanks Steve. Cristi, please disregard my request. Thanks everyone.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: La Chaine, Steve <slachaine@slocity.org>
Sent: Tuesday, August 8, 2023 2:51 PM
To: Goode, Owen <ogoode@slocity.org>; Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Check if links work on this one.
Steve
15
From: Goode, Owen <ogoode@slocity.org>
Sent: Tuesday, August 8, 2023 2:48 PM
To: Cristi Fry <cristi@coast-inc.com>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; La Chaine,
Steve <slachaine@slocity.org>
Subject: RE: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
Can we please receive a preliminary title report where the recorded documents are
linked for review so that we may draft the subordination agreement appropriately?
Thank you.
Best,
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Cristi Fry <cristi@coast-inc.com>
Sent: Monday, August 7, 2023 11:15 AM
To: Goode, Owen <ogoode@slocity.org>
Cc: Hanh, Hannah <hhanh@slocity.org>; Chuck Braff <chuck@westpacinv.com>; La Chaine,
Steve <slachaine@slocity.org>
Subject: Re: Affordable Housing Agreement - Laurel Creek
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Owen,
16
thank you for the update
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic format. Such data
is being provided as a courtesy only. The requested electronic file(s) remain the property of COAST. No warranties or
guarantees are made that the files represent or reflect the complete scope of work and/or as-built condition.
On Mon, Aug 7, 2023 at 10:47 AM Goode, Owen <ogoode@slocity.org> wrote:
Hi Cristi,
I wanted to follow up with you to provide you a status update on your affordability
agreement for Laurel Creek Apartments. Our team has been working to update our
Affordable Housing Rental Agreement Templates which is why we had been
delayed in providing a draft. I am drafting the subordination agreement for the
project today and will complete the draft rental agreement as soon as we hear
back from our attorney’s office on our current draft of the template. Please reach
out to me directly if you have any questions regarding your affordable housing
rental agreement. Thank you.
Best,
17
Owen Goode
pronouns he/him/his
Assistant Planner
(805) 781-7576
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
From: Goode, Owen
Sent: Tuesday, July 11, 2023 1:45 PM
To: cristi@coast-inc.com
Cc: Hanh, Hannah <hhanh@slocity.org>
Subject: Affordable Housing Agreement - Laurel Creek
Hi Cristi,
My name is Owen Goode and I’m an Assistant Planner for the Housing Policies
and Programs Team. I’ll be providing you with the affordable housing rental
agreement this week. Please reach out to me directly with any affordable housing
questions you may have as it pertains to your project at Laurel Creek Apartments.
Thank you.
Best,
Owen Goode
Assistant Planner
<image001.png>
Community Development
919 palm street, San Luis Obispo, CA 93401-3218
E ogoode@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
1
From:Travis Dunn <travis@westpacinv.com>
Sent:Wednesday, August 2, 2023 2:01 PM
To:Nichols, Vanessa; Michaela Denny
Cc:Chuck Braff; building
Subject:Re: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi Vanessa,
Yes, the plans had a 2" valve on the plans. See screenshot below.
2
3
4
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Friday, July 28, 2023 3:37 PM
To: Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi,
Was the new 2” water meter shown on the plans associated with BLDG-1885-2020 permit?
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Michaela Denny <michaela@westpacinv.com>
Sent: Thursday, July 27, 2023 12:44 PM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Vanessa,
Following up on this for the 2” meter. Please send us a work order and invoice so we can schedule the installation in the field.
5
Michaela Denny
Smith and Company
Project Manager
M: 760.468.5776
From: Michaela Denny
Sent: Wednesday, July 26, 2023 9:11 AM
To: Nichols, Vanessa
Cc: Chuck Braff; Travis Dunn; building
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Vanessa,
Can we revise this work order to include a 2” Commercial meter as well?
Michaela Denny
Smith and Company
Project Manager
M: 760.468.5776
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Wednesday, June 28, 2023 12:55:31 PM
To: Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi,
Attached you will find the work order for the new water meter for this project. Let me know if you have any questions
or if I can be of an additional assistance.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: building <building@slocity.org>
Sent: Wednesday, June 28, 2023 10:31 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Subject: FW: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Work Order for Laurel Creek Apts
Nicole Young
Permit Technician II
6
Community Development
E nyoung@slocity.org
T 805.781.7101
slocity.org
Stay connected with the City by signing up for e-notifications
From: Michaela Denny <michaela@westpacinv.com>
Sent: Tuesday, June 27, 2023 3:08 PM
To: building <building@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>
Subject: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Good Afternoon,
Reaching out to obtain utility work orders for the new 2” and 6” waterlines that we are installing on the frontage of 1150 Laurel
Lane per BLDG-1885-2020 & PM SLO-19-0114.
Our underground subcontractor will be starting the street improvements tomorrow under the encroachment that we have with
public works.
I’ve been told that Building will supply the work order and then public works will coordinate the installation of these water
meters.
Let me know if there is anything you need from me to get these work orders processed.
Thank you,
Michaela Denny
Smith and Company
Project Manager
M: 760.468.5776
1
From:Nichols, Vanessa
Sent:Wednesday, August 2, 2023 4:17 PM
To:Travis Dunn; Michaela Denny
Cc:Chuck Braff; building
Subject:RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi,
A note on a valve does not mean there is a water meter. Nothing on the plan you provided call for the install of a new
2” water meter. There is has a note (W2) calling out the existing 1” water meter and 2” water service for the
commercial use. If you would like to upgrade this meter to a 2” water meter you will need to submit a revision and we
can get that new meter processed that way. Let me know if you have any questions.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Travis Dunn <travis@westpacinv.com>
Sent: Wednesday, August 2, 2023 2:01 PM
To: Nichols, Vanessa <vnichols@slocity.org>; Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; building <building@slocity.org>
Subject: Re: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi Vanessa,
Yes, the plans had a 2" valve on the plans. See screenshot below.
2
3
4
Thank you,
Travis Dunn
Project Manager
Smith & Co.
505 Bath St., Santa Barbara, CA 93101
Mobile 562-665-6206
Email travis@WestPacInv.com
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Friday, July 28, 2023 3:37 PM
To: Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi,
Was the new 2” water meter shown on the plans associated with BLDG-1885-2020 permit?
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: Michaela Denny <michaela@westpacinv.com>
Sent: Thursday, July 27, 2023 12:44 PM
To: Nichols, Vanessa <vnichols@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Vanessa,
Following up on this for the 2” meter. Please send us a work order and invoice so we can schedule the installation in the field.
Michaela Denny
5
Smith and Company
Project Manager
M: 760.468.5776
From: Michaela Denny
Sent: Wednesday, July 26, 2023 9:11 AM
To: Nichols, Vanessa
Cc: Chuck Braff; Travis Dunn; building
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Vanessa,
Can we revise this work order to include a 2” Commercial meter as well?
Michaela Denny
Smith and Company
Project Manager
M: 760.468.5776
From: Nichols, Vanessa <vnichols@slocity.org>
Sent: Wednesday, June 28, 2023 12:55:31 PM
To: Michaela Denny <michaela@westpacinv.com>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; building <building@slocity.org>
Subject: RE: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Hi,
Attached you will find the work order for the new water meter for this project. Let me know if you have any questions
or if I can be of an additional assistance.
Vanessa Nichols
Building Permit Services Supervisor
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E vnichols@slocity.org
T 805.781.7588
slocity.org
Stay connected with the City by signing up for e-notifications
From: building <building@slocity.org>
Sent: Wednesday, June 28, 2023 10:31 AM
To: Nichols, Vanessa <vnichols@slocity.org>
Subject: FW: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
Work Order for Laurel Creek Apts
Nicole Young
Permit Technician II
6
Community Development
E nyoung@slocity.org
T 805.781.7101
slocity.org
Stay connected with the City by signing up for e-notifications
From: Michaela Denny <michaela@westpacinv.com>
Sent: Tuesday, June 27, 2023 3:08 PM
To: building <building@slocity.org>
Cc: Chuck Braff <chuck@westpacinv.com>; Travis Dunn <travis@westpacinv.com>
Subject: BLDG-1885-2020 Laurel Creek Apartments - Water Meters
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Good Afternoon,
Reaching out to obtain utility work orders for the new 2” and 6” waterlines that we are installing on the frontage of 1150 Laurel
Lane per BLDG-1885-2020 & PM SLO-19-0114.
Our underground subcontractor will be starting the street improvements tomorrow under the encroachment that we have with
public works.
I’ve been told that Building will supply the work order and then public works will coordinate the installation of these water
meters.
Let me know if there is anything you need from me to get these work orders processed.
Thank you,
Michaela Denny
Smith and Company
Project Manager
M: 760.468.5776
1
From:Nelson, Trevor
Sent:Wednesday, August 2, 2023 2:51 PM
To:Chuck Braff
Cc:Don Gross; Travis Dunn
Subject:RE: Unpermitted high-piled storage
Appreciate the quick response. Just keep me updated.
Thanks,
Trevor Nelson
Supervising Building Inspector
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
slocity.org
Stay connected with the City by signing up for e-notifications
From: Chuck Braff <chuck@westpacinv.com>
Sent: Tuesday, August 1, 2023 9:11 AM
To: Nelson, Trevor <tnelson@slocity.org>
Cc: Don Gross <don@westpacinv.com>; Travis Dunn <travis@westpacinv.com>; Hutchinson, Julianna <JHutchin@slocity.org>;
Maggio, Rodger <rmaggio@slocity.org>
Subject: Re: Unpermitted high-piled storage
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Received. I have reached out to Empire Electric and will get aback to you shortly. Thank you Trevor.
Chuck Braff
M: 310.990.6897
On Aug 1, 2023, at 8:57 AM, Nelson, Trevor <tnelson@slocity.org> wrote:
Chuck,
2
On a recent site visit, I noticed Cole Electric has been using storage racks in the unoccupied area of the
warehouse at 1150 Laurel Ln for various inventory.
Per CA Bldg Code 105.2, a building permit is required for any racks over 5’9” in height and per CA Fire
Code 105.5.24, an operational permit is required for more than 500 sf of high-piled combustible storage
over 12-ft in height.
Please let me know if Cole Electric would like to permit the racks as is or please disassemble and
remove by end of week. If they decide to go the permit route, please have them immediately remove
any inventory stored over 12-ft until an operational permit is reviewed and approved by the Fire Dept.
I have copied the Fire Dept in case they have additional concerns for any further action.
Thank you,
Trevor Nelson
Supervising Building Inspector
<image001.png>
Community Development
919 Palm St, San Luis Obispo, CA 93401-3218
E tnelson@slocity.org
T 805.781.7153
C 805.431.7160
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
1
From:Symens, Sadie
Sent:Wednesday, August 2, 2023 10:28 AM
To:Chuck Braff
Cc:Cristi Fry; La Chaine, Steve; Stong, Nate; Hanh, Hannah
Subject:RE: 1150 Laurel documents
Great, looks good! Glad we could get this wrapped up, and apologies again for the delay.
From: Chuck Braff <chuck@westpacinv.com>
Sent: Wednesday, August 2, 2023 9:05 AM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Cristi Fry <cristi@coast-inc.com>; La Chaine, Steve <slachaine@slocity.org>; Stong, Nate <nstong@slocity.org>; Hanh,
Hannah <hhanh@slocity.org>
Subject: Re: 1150 Laurel documents
Sadie-
Please find attached the updated JUA with the changes as discussed..
Thank you.
Chuck
Chuck Braff
M: 310.990.6897
On Jul 24, 2023, at 9:48 AM, Symens, Sadie <ssymens@slocity.org> wrote:
Hi all,
Thank you for your patience as we work on wrapping up our review. I am still awaiting some final
comments from Utilities, but I said I’d provide an update by today. My comments and feedback are as
follows. Pending final feedback from Utilities, we may also be asking for a sewer lateral agreement. I
will let you know ASAP.
1. Tentative Map PM SLO21-0007 states that “two domestic water meters will serve the building.
The existing meter and service line will continue to serve the commercial and warehouse uses,
and a separate new meter is proposed for residential apartments and is currently under review.”
Paragraph 3(i)(20) of the JUA should be amended, since it currently contemplates one meter for
the entire building.
2. Paragraph 3(i)(18) should be amended to clarify that gas utilities are not shared facilities as to
the residential parcels (2, 5, 7-9, I believe), since the residential apartments will not have gas
service available to them.
3. Please include a reference in the JUA to the shared parking agreement (ARCH-0227-2020 COA
#8/9).
4. Please include a reference in the JUA to the Reciprocal Easement Agreement and Declaration
of Covenants, Conditions, and Restrictions for Parcel Map SLO 19-0114 (Document No. 2020-
069315).
5. Please add requirement that the subdivision must not obstruct the public water and sewer
easements.
2
Let me know if you’d like to discuss further.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
<image001.png>
City Attorney's Office
E ssymens@slocity.org
slocity.org
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Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of
the designated addressee named above. The information transmitted is subject to the attorney-
client privilege and/or represents confidential attorney work product. Recipients should not file
copies of this email with publicly accessible records. If you are not the designated addressee
named above or the authorized agent responsible for delivering it to the designated addressee,
you received this document through inadvertent error and any further review, dissemination,
distribution or copying of this communication by you or anyone else is strictly prohibited. IF
YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY
TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
From: Chuck Braff <chuck@westpacinv.com>
Sent: Thursday, July 13, 2023 10:34 AM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Cristi Fry <cristi@coast-inc.com>; La Chaine, Steve <slachaine@slocity.org>; Stong, Nate
<nstong@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: 1150 Laurel documents
Sadie-
do you have time for a call? I am available today. Unfortunately I am unavailable tomorrow.
Chuck Braff
M: 310.990.6897
On Jul 13, 2023, at 8:22 AM, Symens, Sadie <ssymens@slocity.org> wrote:
Hello all,
City staff’s concern is that, while the JUA establishes a “Shared Facilities Committee,” it
does not appear to contain any actual guiding rules or restrictions related to, for
example, parking, trash, or joint maintenance of shared/common spaces.
A few other questions/items of feedback:
1. Since the Shared Facilities Rules, once determined by the Committee, will only
address “operation and use” of the shared facilities, but each Owner is
responsible for a proportionate share of maintenance/repair/replacement, does
that mean that the Declarant will have responsibility for completing the
maintenance/repair/replacement? If all Owners are going to share physical
responsibility (not just financial) for repairs/maintenance, it should be stated in
this JUA that all such maintenance will be subject to any necessary approvals by
3
the City and must be completed in accordance with the City's Municipal Code
and applicable regulations.
2. I believe this JUA needs to incorporate or re-state the shared parking agreement
(ARCH-0227-2020 COA #8/9).
3. The JUA does not seem to address utility metering, other than the notation that
each Owner is responsible for maintenance and operation of the submeter
situated on their parcel.
4. City staff understands that the airspaces would remain under one ownership and
are proposed around groups of residential units and commercial tenant spaces,
instead of individual units to sell. Is that accurate?
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
<image001.png>
City Attorney's Office
E ssymens@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the
CONFIDENTIAL use of the designated addressee named above. The information
transmitted is subject to the attorney-client privilege and/or represents
confidential attorney work product. Recipients should not file copies of this email
with publicly accessible records. If you are not the designated addressee named
above or the authorized agent responsible for delivering it to the designated
addressee, you received this document through inadvertent error and any further
review, dissemination, distribution or copying of this communication by you or
anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN
ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER
NAMED ABOVE AT (805) 781-7140. Thank you.
From: Chuck Braff <chuck@westpacinv.com>
Sent: Wednesday, July 12, 2023 3:22 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Cristi Fry <cristi@coast-inc.com>; La Chaine, Steve <slachaine@slocity.org>; Stong, Nate
<nstong@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: 1150 Laurel documents
I think this may help. This is an airspace subdivision for commercial purposes. This is not a
common interest development.
Chuck Braff
M: 310.990.6897
On Jul 12, 2023, at 2:36 PM, Symens, Sadie <ssymens@slocity.org> wrote:
Hello Cristi,
4
Thank you for providing this information. I’ve reviewed the draft JUA, title
report, and conditions for approval to ensure that the draft JUA
addresses, to the extent necessary, the requirements of the COA and any
present or future action by the bound parties which would require City
review or approval. One question I would like answered before I finalize
my feedback is about the statement on the COA matrix that no CC&Rs or
POA is required. Can you provide some background about how the
parties came to that agreement? The staff currently working on this are
new to the project, so any information you have is greatly appreciated.
Thank you!
Best,
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
<image001.png>
City Attorney's Office
E ssymens@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only
for the CONFIDENTIAL use of the designated addressee named
above. The information transmitted is subject to the attorney-client
privilege and/or represents confidential attorney work
product. Recipients should not file copies of this email with publicly
accessible records. If you are not the designated addressee named
above or the authorized agent responsible for delivering it to the
designated addressee, you received this document through
inadvertent error and any further review, dissemination, distribution
or copying of this communication by you or anyone else is strictly
prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR,
PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER
NAMED ABOVE AT (805) 781-7140. Thank you.
From: Cristi Fry <cristi@coast-inc.com>
Sent: Friday, June 30, 2023 3:21 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: La Chaine, Steve <slachaine@slocity.org>; Stong, Nate
<nstong@slocity.org>; Hanh, Hannah <hhanh@slocity.org>; Chuck Braff
<chuck@westpacinv.com>
Subject: Re: 1150 Laurel documents
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Sadie,
Thanks for your patience! Please find attached items for your review:
5
Draft Joint Use Agreement
Updated Prelim Title report dated 6/2/23
COA matrix with status updates
Latest Draft of the subdivision map
You and Christine please have a safe and fun filled 4th of July weekend!
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic
format. Such data is being provided as a courtesy only. The requested electronic file(s) remain the property
of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of
work and/or as-built condition.
On Wed, Jun 21, 2023 at 4:08 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hello again,
Just checking in to request these documents again. Thank you.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
<image001.png>
City Attorney's Office
E ssymens@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only
for the CONFIDENTIAL use of the designated addressee named
above. The information transmitted is subject to the attorney-client
privilege and/or represents confidential attorney work
product. Recipients should not file copies of this email with
6
publicly accessible records. If you are not the designated
addressee named above or the authorized agent responsible for
delivering it to the designated addressee, you received this
document through inadvertent error and any further review,
dissemination, distribution or copying of this communication by
you or anyone else is strictly prohibited. IF YOU RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY
BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-
7140. Thank you.
From: Symens, Sadie
Sent: Thursday, May 25, 2023 9:57 AM
To: 'cristi@coast-inc.com' <cristi@coast-inc.com>
Subject: 1150 Laurel documents
Hello Cristi,
Thank you for taking the time to chat with us yesterday about the Laurel
project. Could you please send over the subdivision approval
agreement? Thank you.
Sincerely,
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
<image001.png>
City Attorney's Office
E ssymens@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only
for the CONFIDENTIAL use of the designated addressee named
above. The information transmitted is subject to the attorney-client
privilege and/or represents confidential attorney work
product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated
addressee named above or the authorized agent responsible for
delivering it to the designated addressee, you received this
document through inadvertent error and any further review,
dissemination, distribution or copying of this communication by
you or anyone else is strictly prohibited. IF YOU RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY
BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-
7140. Thank you.
1
From:Chuck Braff <chuck@westpacinv.com>
Sent:Wednesday, August 2, 2023 9:05 AM
To:Symens, Sadie
Cc:Cristi Fry; La Chaine, Steve; Stong, Nate; Hanh, Hannah
Subject:Re: 1150 Laurel documents
Attachments:Laurel.P1.Ease 05.pdf
Sadie-
Please find attached the updated JUA with the changes as discussed..
Thank you.
Chuck
Chuck Braff
M: 310.990.6897
On Jul 24, 2023, at 9:48 AM, Symens, Sadie <ssymens@slocity.org> wrote:
Hi all,
Thank you for your patience as we work on wrapping up our review. I am still awaiting some final
comments from Utilities, but I said I’d provide an update by today. My comments and feedback are as
follows. Pending final feedback from Utilities, we may also be asking for a sewer lateral agreement. I
will let you know ASAP.
1. Tentative Map PM SLO21-0007 states that “two domestic water meters will serve the building.
The existing meter and service line will continue to serve the commercial and warehouse uses,
and a separate new meter is proposed for residential apartments and is currently under review.”
Paragraph 3(i)(20) of the JUA should be amended, since it currently contemplates one meter for
the entire building.
2. Paragraph 3(i)(18) should be amended to clarify that gas utilities are not shared facilities as to
the residential parcels (2, 5, 7-9, I believe), since the residential apartments will not have gas
service available to them.
3. Please include a reference in the JUA to the shared parking agreement (ARCH-0227-2020 COA
#8/9).
4. Please include a reference in the JUA to the Reciprocal Easement Agreement and Declaration
of Covenants, Conditions, and Restrictions for Parcel Map SLO 19-0114 (Document No. 2020-
069315).
5. Please add requirement that the subdivision must not obstruct the public water and sewer
easements.
Let me know if you’d like to discuss further.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
<image001.png>
2
City Attorney's Office
E ssymens@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the CONFIDENTIAL use of
the designated addressee named above. The information transmitted is subject to the attorney-
client privilege and/or represents confidential attorney work product. Recipients should not file
copies of this email with publicly accessible records. If you are not the designated addressee
named above or the authorized agent responsible for delivering it to the designated addressee,
you received this document through inadvertent error and any further review, dissemination,
distribution or copying of this communication by you or anyone else is strictly prohibited. IF
YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY
TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140. Thank you.
From: Chuck Braff <chuck@westpacinv.com>
Sent: Thursday, July 13, 2023 10:34 AM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Cristi Fry <cristi@coast-inc.com>; La Chaine, Steve <slachaine@slocity.org>; Stong, Nate
<nstong@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: 1150 Laurel documents
Sadie-
do you have time for a call? I am available today. Unfortunately I am unavailable tomorrow.
Chuck Braff
M: 310.990.6897
On Jul 13, 2023, at 8:22 AM, Symens, Sadie <ssymens@slocity.org> wrote:
Hello all,
City staff’s concern is that, while the JUA establishes a “Shared Facilities Committee,” it
does not appear to contain any actual guiding rules or restrictions related to, for
example, parking, trash, or joint maintenance of shared/common spaces.
A few other questions/items of feedback:
1. Since the Shared Facilities Rules, once determined by the Committee, will only
address “operation and use” of the shared facilities, but each Owner is
responsible for a proportionate share of maintenance/repair/replacement, does
that mean that the Declarant will have responsibility for completing the
maintenance/repair/replacement? If all Owners are going to share physical
responsibility (not just financial) for repairs/maintenance, it should be stated in
this JUA that all such maintenance will be subject to any necessary approvals by
the City and must be completed in accordance with the City's Municipal Code
and applicable regulations.
2. I believe this JUA needs to incorporate or re-state the shared parking agreement
(ARCH-0227-2020 COA #8/9).
3. The JUA does not seem to address utility metering, other than the notation that
each Owner is responsible for maintenance and operation of the submeter
situated on their parcel.
3
4. City staff understands that the airspaces would remain under one ownership and
are proposed around groups of residential units and commercial tenant spaces,
instead of individual units to sell. Is that accurate?
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
<image001.png>
City Attorney's Office
E ssymens@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only for the
CONFIDENTIAL use of the designated addressee named above. The information
transmitted is subject to the attorney-client privilege and/or represents
confidential attorney work product. Recipients should not file copies of this email
with publicly accessible records. If you are not the designated addressee named
above or the authorized agent responsible for delivering it to the designated
addressee, you received this document through inadvertent error and any further
review, dissemination, distribution or copying of this communication by you or
anyone else is strictly prohibited. IF YOU RECEIVED THIS COMMUNICATION IN
ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER
NAMED ABOVE AT (805) 781-7140. Thank you.
From: Chuck Braff <chuck@westpacinv.com>
Sent: Wednesday, July 12, 2023 3:22 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: Cristi Fry <cristi@coast-inc.com>; La Chaine, Steve <slachaine@slocity.org>; Stong, Nate
<nstong@slocity.org>; Hanh, Hannah <hhanh@slocity.org>
Subject: Re: 1150 Laurel documents
I think this may help. This is an airspace subdivision for commercial purposes. This is not a
common interest development.
Chuck Braff
M: 310.990.6897
On Jul 12, 2023, at 2:36 PM, Symens, Sadie <ssymens@slocity.org> wrote:
Hello Cristi,
Thank you for providing this information. I’ve reviewed the draft JUA, title
report, and conditions for approval to ensure that the draft JUA
addresses, to the extent necessary, the requirements of the COA and any
present or future action by the bound parties which would require City
review or approval. One question I would like answered before I finalize
my feedback is about the statement on the COA matrix that no CC&Rs or
POA is required. Can you provide some background about how the
parties came to that agreement? The staff currently working on this are
4
new to the project, so any information you have is greatly appreciated.
Thank you!
Best,
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
<image001.png>
City Attorney's Office
E ssymens@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only
for the CONFIDENTIAL use of the designated addressee named
above. The information transmitted is subject to the attorney-client
privilege and/or represents confidential attorney work
product. Recipients should not file copies of this email with publicly
accessible records. If you are not the designated addressee named
above or the authorized agent responsible for delivering it to the
designated addressee, you received this document through
inadvertent error and any further review, dissemination, distribution
or copying of this communication by you or anyone else is strictly
prohibited. IF YOU RECEIVED THIS COMMUNICATION IN ERROR,
PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER
NAMED ABOVE AT (805) 781-7140. Thank you.
From: Cristi Fry <cristi@coast-inc.com>
Sent: Friday, June 30, 2023 3:21 PM
To: Symens, Sadie <ssymens@slocity.org>
Cc: La Chaine, Steve <slachaine@slocity.org>; Stong, Nate
<nstong@slocity.org>; Hanh, Hannah <hhanh@slocity.org>; Chuck Braff
<chuck@westpacinv.com>
Subject: Re: 1150 Laurel documents
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.
Hi Sadie,
Thanks for your patience! Please find attached items for your review:
Draft Joint Use Agreement
Updated Prelim Title report dated 6/2/23
COA matrix with status updates
Latest Draft of the subdivision map
5
You and Christine please have a safe and fun filled 4th of July weekend!
Cristi
Cristi E. Fry, PE, PLS
Principal Surveyor/Engineer
COAST Engineering & Survey, Inc.
785 High Street, San Luis Obispo, CA 93401
cristi@coast-inc.com
www.coast-inc.com
phone: 805-242-6365 ext. 55 (forwards to cell)
Coast Engineering & Survey, Inc. (COAST) assumes no responsibility for data files supplied in electronic
format. Such data is being provided as a courtesy only. The requested electronic file(s) remain the property
of COAST. No warranties or guarantees are made that the files represent or reflect the complete scope of
work and/or as-built condition.
On Wed, Jun 21, 2023 at 4:08 PM Symens, Sadie <ssymens@slocity.org> wrote:
Hello again,
Just checking in to request these documents again. Thank you.
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
<image001.png>
City Attorney's Office
E ssymens@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only
for the CONFIDENTIAL use of the designated addressee named
above. The information transmitted is subject to the attorney-client
privilege and/or represents confidential attorney work
product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated
addressee named above or the authorized agent responsible for
delivering it to the designated addressee, you received this
document through inadvertent error and any further review,
dissemination, distribution or copying of this communication by
you or anyone else is strictly prohibited. IF YOU RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY
6
BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-
7140. Thank you.
From: Symens, Sadie
Sent: Thursday, May 25, 2023 9:57 AM
To: 'cristi@coast-inc.com' <cristi@coast-inc.com>
Subject: 1150 Laurel documents
Hello Cristi,
Thank you for taking the time to chat with us yesterday about the Laurel
project. Could you please send over the subdivision approval
agreement? Thank you.
Sincerely,
Sadie Symens
pronouns she/her/hers
Deputy City Attorney
<image001.png>
City Attorney's Office
E ssymens@slocity.org
slocity.org
<image002.png><image003.png><image004.png>
Stay connected with the City by signing up for e-notifications
The information contained in this e-mail message is intended only
for the CONFIDENTIAL use of the designated addressee named
above. The information transmitted is subject to the attorney-client
privilege and/or represents confidential attorney work
product. Recipients should not file copies of this email with
publicly accessible records. If you are not the designated
addressee named above or the authorized agent responsible for
delivering it to the designated addressee, you received this
document through inadvertent error and any further review,
dissemination, distribution or copying of this communication by
you or anyone else is strictly prohibited. IF YOU RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY
BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-
7140. Thank you.
DECLARATION OF RECIPROCAL EASEMENTS,
JOINT USE, AND MAINTENANCE
RECORDED AT THE REQUEST OF:
WHEN RECORDED RETURN TO:
Laurel Creek, LP
c/o WestPac Companies
Attn. Patrick N. Smith
503 Bath Street
Santa Barbara, CA 93101
THIS DECLARATION OF RECIPROCAL EASEMENTS, JOINT USE, AND MAINTENANCE
(“Declaration”) is made by LAUREL CREEK, LP, a California limited partnership, (“Declarant”).
1.REAL PROPERTY OWNED BY DECLARANT: Declarant is the owner of all
that certain real property and Improvements thereon located in the City of San Luis Obispo, County of San
Luis Obispo, State of California, described as Parcels 1 through 9, inclusive, as shown on Parcel Map SLO
21-0007, filed for record on , in Book of Parcel
Maps at Page , et seq., in the Official Records of the County of San Luis Obispo,
State of California, and all Improvements situated thereon.
2.PURPOSE AND APPLICABILITY: A multistory building is constructed on Parcels
1 through 9, inclusive, as shown on the Map, as a single integrated structure (“Building”). This Declaration
provides for the joint use, operation, maintenance, repair, and replacement of the various shared portions of
the Building, and of certain Improvements constructed on Parcels 1 through 9, inclusive, that must be jointly
used, operated, maintained, repaired, and replaced. Declarant hereby declares that the Project and all
Improvements thereon are subject to the provisions of this Declaration. The Project shall be held, conveyed,
hypothecated, encumbered, leased, rented, used, occupied, and improved subject to the terms and provisions
of this Declaration. All such terms and provisions are declared to be in furtherance of the plan for the
subdivision, improvement, and sale of the Project. All of the limitations, easements, uses, obligations,
covenants, conditions, and restrictions stated in this Declaration shall run with the Project and shall inure
to the benefit of and be binding on all Owners and all other parties having or acquiring any right, title or
interest in any part of the Project. This Declaration shall not be interpreted to establish a “Common Interest
Development,” as that term is defined in California Civil Code Section 4100, et seq. (or any successor
statute), and the Project shall not be subject to the Davis-Stirling Common Interest Development Act.
Nothing in this Declaration shall serve to amend, modify, or supersede the document entitled “Reciprocal
Easement Agreement and Declaration of Covenants, Conditions, and Restrictions for Parcel Map SLO
19-0114,” recorded on November 25, 2020, as Document No. 2020-069315, in the Official Records of the
County of San Luis Obispo, State of California (“Easement and Parking Agreement”).
3.DEFINED TERMS: Unless otherwise defined herein or unless the context clearly
requires a different meaning, the terms used in this Declaration shall have the meanings specified in this
Paragraph.
SPACE ABOVE THIS LINE FOR RECORDER’S USE
(a)The term “Building” shall mean the multistory commercial and residential building
constructed on Parcels 1 through 9, inclusive, as shown on the Map.
(b)The term “Declarant” shall mean Laurel Creek, LP, a California limited partnership, and
its successor s and assi gns.
(c)The term “Improvement” shall mean anything constructed, installed, or planted on real
property, including but not limited to buildings, streets, fences, walls, paving, pipes, wires, grading,
landscaping, and other works of improvement as defined in California Civil Code Section 8050, excluding
only those Improvements or portions thereof which are dedicated to the public or a public or quasi-public
entity or utility company, and accept ed for maintenance by the public, such ent ity, or utility company.
(d)The term “Map” shall mean Parcel Map SLO 21-0007, filed for record on
, in Book of Parcel Maps at Page , et seq., in the
Official Records of the County of San Luis Obispo, State of California.
(e)The term “Owner” shall mean the holder of record fee title to a Parcel, including
Declarant as to each Parcel owned by Declarant. If more than one person owns a single Parcel, then the term
“Owner” shall mean all owners in fee title of that Parcel. The term “Owner” shall also mean a contract
purchaser (vendee) under an installment land contract but shall exclude the contract vendor and any person
having an interest in a Parcel merely as security for performance of an obligation.
(f)The term “Parcel” shall mean each of Parcels 1 through 9, inclusive, as shown on the
Map.
(g)The term “Project” shall collectively mean (i) the Building, (ii) each of Parcels 1 through
9, inclusive, as shown on t he Map, and (iii) all Improvements situated thereon or therein.
(h)The term “Separate Facilities” shall mean those Improvements which solely serve a
single Parcel, wherever located.
(i)The term “Shared Facilities” shall collectively mean the Bathrooms, Bike Storage,
Electrical Rooms, Elevators, Fire Suppression, Mail Room, Maintenance and Low Voltage Closets, Telecom
Room, Utility Closets, Asphalt and Paving, Exterior Lighting, Frontage, Landscapi ng, Monumentation,
Parcel 1 Access, Recycled Water, Stormwater Improvements, Trash, Utilities, and Water Meter.
(1)The term “Bathrooms” shall collectively mean the bathrooms situated on Parcel 4,
serving Parcels 1 through 9, inclusive, and all Improvements associated therewith, except ing any Utilities.
(2)The term “Bike Storage” shall collectively mean (i) the bicycle storage room located
on Parcel 1, serving Parcels 1 through 9, inclusive, (ii) the bicycle storage room located on Parcel 6, serving
Parcels 6 and 8, and (iii) all Improvements associated therewith, excepting any Utilities.
(3)The term “Electrical Rooms” shall collectively mean (i) the electrical equipment
rooms situated on Parcel 1, serving Parcels 1 through 9, inclusive, (ii) the electrical equipment room situated
on Parcel 4, serving Parcels 1 through 9, inclusive, and (iii) all Improvements associated therewith, excepting
any Utilities.
(4)The term “Elevators” shall collectively mean (i) the elevators situated on Parcel 1,
serving Parcels 5, 7, and 9, (ii) the elevator rooms situated on Parcels 4 and 9, serving Parcels 5, 7, and 9,
and (iii) all Improvements associated therewith, excepting any Utilities.
(5)The term “Fire Suppression” shall collectively mean those portions of the fire
suppression system serving Parcels 1 through 9, inclusive, wherever located, including but not limited to the
fire risers, pumps, and pump house(s) located on Parcel 1, and all Improvements associated therewith,
excepting any Utilities.
(6)The term “Mail Room” shall mean the mail room situated on Parcel 4, serving
Parcels 1 through 9, inclusive, and all Improvements associ ated therewith, excepting any Utilities.
(7)The term “Maintenance and Low Voltage Closets” shall collectively mean the
maintenance closets and the low voltage closets situated on Parcels 1, 5, 7, and 9, serving Parcels 1 through
9, inclusive, and all Improvements associated therewith, excepting any Utilities.
(8)The term “Telecom Room” shall mean the telecommunications equipment and
minimum point of entry (MPOE) room situated on Parcel 1, serving Parcels 1 through 9, inclusive, and all
Improvements associated therewith, except ing any Utilities.
(9)The term “Utility Closets” shall collectively mean the utility closets situated on
Parcels 1 and 7, serving Parcels 1 through 9, inclusive, and all Improvements associated therewith, excepting
any Utilities.
(10)The term “Asphalt and Paving” shall mean the paved asphalt and concrete surfaces
situated on Parcel 1, and serving Parcels 1 through 9, inclusive.
(11)The term “Exterior Lighting” shall collectively mean the lights, bulbs, circuits, and
fixtures providing exterior lighting for the Project, wherever located, and all Improvements associated
therewith, excepting any Utilities.
(12)The term “Frontage” shall mean those portions of Parcel 1 which are adjacent to
Laurel Lane.
(13)The term “Landscaping” shall mean the landscaping situated on Parcel 1, serving
Parcels 1 through 9, inclusive, and all Improvements associ ated therewith, excepting any Utilities.
(14)The term “Monumentation” shall collectively mean (i) the Project monumentation
situated on Parcel 1, (ii) the signage for the Project, and (iii) all Improvements associated therewith,
excepting any Utilities.
(15)The term “Parcel 1 Access” shall collectively mean those certain vehicular and
pedestrian accessways, pathways, roadways, and walkways that are situated within Parcel 1, serving Parcels
1 through 9, inclusive, and providing access from the Project to Laurel Lane.
(16)The term “Recycled Water” shall mean the recycled water system supplying
irrigation water for the Landscaping, if any, wherever located, except ing any Utilities.
(17)The term “Stormwater Improvements” shall mean all Improvements, stormwater
treatment measures, and “best management practices” or “BMP’s” which are intended to function as part of
a storm water drainage and qual ity system serving the Project, wherever located.
(18)The term “Trash” shall mean the trash collection receptacles and storage areas
serving the Project, wherever located, and all Improvements associated therewith, excepting any Utilities.
(19)The term “Utilities” shall mean those portions of the utility lines, pipes, cables
(including but not limited to telephone and fiber optics cables), conduits, wires, including the particular
utility provided thereby (whether cable or broadcast television, telephone, internet, electricity, gas, domestic
water, or sanitary sewer), serving the Project, wherever located, provided however, that gas utilities are not
included in this Agreement as Shared Facilities with respect to the residential parcels (i.e., Parcels 2, 5, 7,
and 9).
(20)The term “Water Meters” shall mean the two (2) domestic water meters both located
within the public right-of-way adjoining Laurel Lane and Parcel 3, as shown on Parcel Map SLO 19-0114,
filed for record on November 25, 2020, in Book 82 of Parcel Maps, at Pages 82 through 85, inclusive, in the
Official Records of the County of San Luis Obispo, State of California: (i) serving Parcels 1, 3, 4, 6, and 8,
and (ii) serving Parcels 2, 5, 7, and 9, and all Improvements associated therewith, excepting any Utilities.
As a point of clarification, it is the sole responsi bility of the Owner on which any domestic water submeters
are situated, and which serve that Owner’s Parcel, to maintain, operate, read, repair, and replace such
submeters.
4.EASEMENTS: The easements and rights specified in this Declaration are hereby created
and shall exist whether or not they are also set forth in individual grant deeds to Parcels. By reference to this
Declaration, each grant deed to a Parcel shall be deemed to be conveyed with the benefit of and subject to
all applicable easements set forth in this Paragraph. Declarant hereby grants to each Owner a non-exclusive
right and easement for the use and enjoyment of the Shared Facilities, subject to the provisions of this
Declaration.
(a)Additional Easements: Notwithstanding anything expressed or implied to the contrary,
this Declaration shall be subject to all easements granted by Declarant to install, maintain, operate, repair,
replace, and use utilities and drainage facilities necessary or appropriate for the development of the Project.
(b)Encroachment: Non-exclusive rights and easements are reserved and granted for the
benefit of each Parcel, as dominant tenement, over, under and across each other Parcel, as servient tenement.
Such easements shall be for the purposes of encroachment, support, occupancy, and use of such portions of
Parcels as shall be encroached upon, used, and occupied by the dominant tenement as a result of any original
construction design, accretion, erosion, deterioration, decay, errors in original construction, movement,
settlement, shifting, or subsidence of any building or structure or any portion thereof. If any portion of the
Project is partially or totally destroyed, the encroachment easement shall exist for any replacement structure
which is rebuilt pursuant to the original construction design and which substantially conforms to the legal
boundaries shown on the Map. The easement for the encroaching Improvement shall exist for as long as the
encroachment exists, provided that no easement for encroachment shall be created due to the willful
misconduct of any Owner.
(c)Support: Each Owner shall have a non-exclusive right and easement appurtenant to each
Parcel, through each Parcel, to support and maintain, operate, repair, and replace the Building and each
Parcel.
(d)Utilities: Each Owner shall have a non-exclusive right and easement over, under, across,
and through the Project, except for those portions of the Project on which a structure is situated, for utility
lines, pipes, wires, and conduits installed by Declarant. Additionally, this Declaration and each Parcel shall
be subject to all easements granted by Declarant to install, operate, maintain, repair, and replace such
utilities necessar y or appropriate for the development of the Project.
(e)Parking: Each Owner agrees to and is hereby bound by all relevant provisions of the
Easement and Parking Agreement (as that term is defined in Paragraph 2, above).
5.NO CONTRIBUTION: Except as set forth in this Declaration, no Owner will be entitled
to charge or assess any other Owner(s) for the right to use the Shared Facilities.
6.SHARED FACILITIES COMMITTEE: All decisions concerning the Shared
Facilities shall be made by the Shared Facilities Committee. The Shared Facilities Committee shall consist
of one (1) representative from each Owner in record fee title to a Parcel; as a point of clarification, there shall
be one (1) representative for each Parcel. Each Shar ed Facilities Committee member shall serve until that
member’s term as a Director expires. If a Shared Facilities Committee member no longer owns a Parcel, then
that member will automatically be deemed to have resigned as a Shared Facilities Committee member. If
a Shared Facilities Committee member is removed or resigns, the Owner that appointed the member shall
appoint another representative to serve as a Shared Facilities Committee member. Each Shared Facilities
Committee member shall be entitled to cast one (1) vote. No action or decision of the Shared Facilities
Committee shall be binding unless approved by at least six (6) members (out of nine (9) total members) of
the Shared Facilities Committee. The Shared Facilities Committee shall have no right or power to adopt any
rule or regulation which discriminates between Owners, or between any group(s) of Owners.
7.SHARED FACILITIES COMMITTEE DUTIES: The Shared Facilities
Committee is hereby charged with the following responsi bilities:
(a)Setting the hours and rules for operation and use of the Shared Facilities (“Shared
Facilities Rules”);
(b)Providing copies of the Shared Facilities Rules to each Owner;
(c)Determining the costs of operating, maintaining, repairing, and replacing the Shared
Facilities (“Shared Facilities Costs”);
(d)Preparing an annual budget that provides for the Shared Facilities Costs;
(e)Determining what maintenance, repair, and replacement is necessary, how and when such
maintenance, repair, and replacement is to be performed, and to ensure that such maintenance, repair, and
replacement is actually performed;
(f)Providing each Owner with a written statement as to the proportionate share of the Shared
Facilities Costs to be paid by each Owner;
(g)Providing each Owner with the budget and allocation of costs in a timely fashion,
annually;
(h)Depositing funds from each Owner into a separate account under the control of the Shared
Facilities Committee;
(i)Disbursing funds from such account as needed; and
(j)such other actions that may be necessary and/or appropriate in furtherance of the Shared
Facilities Committee’s duties set forth in this Declaration.
8.ALLOCATION OF COSTS: The Shared Facilities Costs shall be assessed to each
Owner as follows: Each Owner shall be responsible for a proportionate share of the Shared Facilities Costs
in an amount equal to a one-ninth (1/9) fraction.
9.OWNER OBLIGATIONS: Each Owner agrees to do the following:
(a)Include its proportionate share of the Shared Facilities Costs in its annual budget;
(b)Adopt the Shared Facilities Rules and di stribute copies to its tenants;
(c)Pay the amount(s) required by the Shared Facilities Committee pursuant to this
Declaration, to the Shared Facilities Committee, irrespective of whether the Owner is able to collect payment
from any tenants the Owner may have; and
(d)fully participate in the operation of the Shared Facilities Committee.
10.AMENDMENT: Prior to the conveyance by Declarant of the first Condominium, this
Declaration may be amended by Declarant alone. After the conveyance by Declarant of the first Parcel, this
Declaration may be amended by the approval of fifty-one percent (51%) of the Owners, with one (1) vote
allocated to each Par cel owned in fee title.
11.BINDING: This Declaration is for the benefit of and binding upon all Owners, their
respective heirs, legatees, devisees, executors, administrators, guardians, conservators, successors,
purchasers, tenants, encumbrancers, donees, grantees, mortgagees, lien holders and assigns.
12.EXHIBITS: All exhibits, if any, attached to this Declaration are incorporated by this
reference as though fully set forth herein.
13.SEVERABILITY: The provisions hereof shall be deemed independent and severable, and
the validity or enforceability of any one provision will not affect the validity or enforceability of any other
provision hereof.
14.APPLICABLE LAW: This Declaration shall be governed by and interpreted in
accordance with the laws of the State of California.
15.EFFECTIVE DATE: This Agreement shall be effective immediately upon the recordation
of this Declaration in the Official Records of the County of San Luis Obispo, State of California.
16.TERM: This Declaration will continue for a term of fifty (50) years from its date of
recordation and will be automatically extended for successive periods of ten (10) years until sixty-seven
percent (67%) of the Owners approve a termination of this Declaration.
IN WITNESS WHEREOF, the undersigned has execut ed this Declaration on the day of
.
DECLARANT:
LAUREL CREEK, LP,
a California limited partnership
By:1160 Laurel Lane, LLC,
a Delaware limited liability company
Its General Partner
By:
Name:
Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity
of that document.
STATE OF CALIFORNIA
COUNTY OF
}
ss.
On , bef ore me, , Notary Public,
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity
upon behalf of which the person(s) acted, execut ed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature