HomeMy WebLinkAboutItem 7a - TEFRA Hearing for 60 Affordable Units for Sendero Apartments at 165 Cessna Court Item 7a
Department: Community Development
Cost Center: 4003
For Agenda of: 9/15/2026
Placement: Public Hearing
Estimated Time: 15 mins
FROM: Timmi Tway, Community Development Director
Prepared By: David Amini, Housing Coordinator
SUBJECT: TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA) HEARING
REGARDING THE ISSUANCE OF A TAX-EXEMPT DEBT OBLIGATION
TO FINANCE CONSTRUCTION OF 60 AFFORDABLE HOUSING UNITS
FOR SENDERO APARTMENTS LOCATED AT 165 CESSNA COURT
RECOMMENDATION
1. Conduct a public hearing under the Tax Equity and Fiscal Responsibility Act
(“TEFRA”) of 1982 and pursuant to the requirements of the Internal Revenue Code of
1986 (the “Code”); and
2. Adopt a draft Resolution entitled, “A Resolution of the City Council of the City of San
Luis Obispo, California, approving the issuance of Revenue Bonds by the California
Municipal Finance Authority in an aggregate principal amount not to exceed
$15,000,000 for the purpose of financing or refinancing the acquisition, construction,
improvement, and equipping of Sendero Apartments and certain other matters relating
thereto” allowing the issuance of Bonds by the California Municipal Finance Authority
(“CMFA”) for the benefit of C&C Development Co., LLC (the “Sponsor”), on behalf of
Avila Ranch, L.P., a California limited partnership, or an ownership entity to be created
by the Sponsor or an affiliate of the Sponsor (such limited partnership or other
ownership entity, the “Borrower”), to provide for the financing of Sendero Apartments
(the “Project”); such adoption is solely for the purposes of satisfying the requirements
of TEFRA, the Code, and California Government Code Section 6500, et seq.
POLICY CONTEXT
The Avila Ranch project consists of 720 residential units under construction, including 75
units of below market rate affordable housing. As part of the Avila Ranch Development
Agreement and the Phase 3 Affordable Housing Agreement, the developer was required
to dedicate Lot 186 to an affordable housing provider to construct and manage a 60-unit
affordable rental housing development known as Sendero Apartments. The lot was
dedicated to Avila Ranch, L.P., a California limited partnership consisting of Orange
Housing Development Corporation and C&C Development Co, LLC as its developer
general partner. C&C Development applied for and received about $35 million in funding
towards the project, including $1,721,964 in annual federal tax credits, $9,934,000 in total
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Item 7a
state tax credits, and tax-exempt bond financing up to $15,000,000. The tax-exempt bond
financing is administered by the California Municipal Finance Authority.
Section 147(f) of the Internal Revenue Code requires public approval for private activity
bonds, such as the tax-exempt bond financing administered by CMFA. Per this section,
the City is the applicable governmental unit having jurisdiction over the area of the
development and must hold a public hearing to provide an opportunity for community
members to speak in favor of or against the use of tax-exempt bonds for the financing of
the Project. At the close of the hearing, the City is required to provide approval of the
issuance of the Bonds by CMFA for the financing of the Project to proceed . The City is
not the entity ultimately issuing or recieving the bond financing.
DISCUSSION
Background
The Sendero Apartments is funded through a variety of sources, including tax credits and
tax-exempt bonds administered by CMFA. Avila Ranch, L.P. (the “Borrower”) requested
that the CMFA serve as the municipal issuer of the bonds in an aggregate principal
amount not to exceed $15,000,000 of tax-exempt revenue bonds (the “Bonds”). The
proceeds of the Bonds will be used to finance the acquisition, development, construction,
and equipping of a 60-unit affordable rental housing facility for low-income households to
be owned and operated by the Borrower and located at 165 Cessna Court in the City of
San Luis Obispo, California (the “Project”). This public hearing is a step that is required
by section 147(f) of the Internal Revenue Code for CMFA to issue the bonds to the project.
City Council Public Hearing and Action
The City Council, as the applicable governmental unit per the requirements of section
147(f) of the Internal Revenue Code, must hold a public hearing to provide an opportunity
for community members to speak in favor of or against the use of tax-exempt bonds for
the financing of the Project.
Prior to such TEFRA Hearing, reasonable notice must be provided to community
members to give the opportunity to speak in favor of or against the use of tax-exempt
bonds for the project. Following the close of the TEFRA Hearing, an “applicable elected
representative” of the governmental unit hosting the Project must provide its approval in
order for the issuance of the Bonds for the financing of the Project to proceed. The City’s
“applicable elected representative” is the City Council. (26 U.S.C. 147(f)(2)(E).) This
public hearing and notices of the public hearing satisfy all the above requirements.
Staff recommends Council approval of the issuance of tax-exempt bond financing due to
the fact that the Sendero Apartments will assist the City in meeting its Regional Housing
Needs Assessment (RHNA) obligations, will provide much needed deed-restricted
housing to low-income and below households, and is a major component of the affordable
housing provided in the Avila Ranch area.
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Item 7a
Previous Council or Advisory Body Action
On October 3, 2017, City Council approved Ordinance 1639 approving the Development
Agreement between the City of San Luis Obispo and Avila Ranch LLC. On January 23,
2024, City Council approved the final map for Avila Ranch Phase 2 and 3, includ ing the
Phase 3 Affordable Housing Agreement requiring the dedication of the Sendero
Apartments property (Resolution). On February 14, 2024, the Planning Commission
reviewed the multi-family, high density residential (R-4) component in Phase 3 of the Avila
Ranch Development Plan, including the 60-unit Sendero Project (Agenda Packet). The
Planning Commission found the Project consistent with applicable City planning
regulations and approved the Project (Resolution).
Public Engagement
This item is on the agenda for the September 15, 2026, City Council meeting and will
follow all the required posting and notification standards. Public comment on the item can
be provided to the City Council through written correspondence prior to the meeting and
through public testimony at the meeting. A TEFRA Hearing Public Notice was published
in the New Times and on the City’s website.
CONCURRENCE
The City Finance Department has reviewed and concurs with staff’s recommendation.
ENVIRONMENTAL REVIEW
The adoption of the Resolution approving the issuance of the Bonds is exempt from
environmental review per Section 15061(b)(3) of the California Environmental Quality Act
because the proposed action is in regard to the financing of an affordable housing project
that has previously been reviewed for environmental compliance, and it can be seen with
certainty that there is no possibility that the issuance of the Bonds will have a significant
effect on the environment beyond those effects which have previously been studied.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2026-27
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
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Item 7a
Federal
Fees
Other:
Total $0 $0 $0 $0
There is no direct fiscal impact to the City related to this item.
The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the
Borrower (Avila Ranch, L.P.), and the City will have no financial, legal, or other obligation,
liability or responsibility for the Project or the repayment of the Bonds for the financing of
the Project. All financing documents with respect to the issuance of the Bonds will contain
clear disclaimers that the Bonds are not obligations of the City or the State of California
and are to be paid solely from funds provided by the Borrower.
The Board of Directors of the California Foundation for Stronger Communities, a
California non-profit public benefit corporation (the “Foundation”), acts a s the Board of
Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a
portion of the issuance fees it receives with its member communities and donates a
portion of these issuance fees to the Foundation for the support of local c harities. With
respect to the City of San Luis Obispo, it is expected that $14,000 of the issuance fee
attributable to the City will be granted by the CMFA to the General Fund of the City. Such
grant may be used for any lawful purpose of the City, including but not limited to the costs
of holding the public hearing. The City can choose whether to receive the issuance fee.
The final issuance fee will be distributed to the City as part of the project’s financial
closing, currently scheduled for October.
ALTERNATIVES
1. Do not approve the issuance of bonds by CMFA. All necessary entitlements, as
well as the City impact fee deferral loan commitment, have previously been approved
by the City and the Project will close escrow shortly. The City has no liability to repay
the bond and this approval is merely a statutory requirement, without which the bonds
cannot issue. Bond funding is critical to construction of the Project, which is scheduled
to commence in October.
2. Defer consideration of the request. Continuance of the request would mean that
CMFA would not be able to issue the tax-exempt bonds towards the Sendero
Apartments project, which is a critical portion of the project’s financing necessary to
commence construction in October.
ATTACHMENTS
A - Draft Resolution approving the Issuance of Tax-Exempt Revenue Bonds by CMFA
Page 134 of 145
R ______
RESOLUTION NO. _____ (2026 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE ISSUANCE OF REVENUE
BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN
AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000
FOR THE PURPOSE OF FINANCING OR REFINANCING THE
ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF
SENDERO APARTMENTS AND CERTAIN OTHER MATTERS
RELATING THERETO
WHEREAS, Avila Ranch LP (the “Borrower”) a partnership of which C&C
Development Co., LLC (the “Developer”) or a related person to the Developer is the
general partner, has requested that the California Municipal Finance Authority (the
“Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds
for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal
Revenue Code of 1986 (the “Code”) in one or more series issued from time to time,
including bonds issued to refund such exempt facility bonds in one or more series from
time to time, and at no time to exceed $15,000,000 in aggregate principal amount (the
“Bonds”), to finance or refinance the acquisition, construction, improvement and
equipping of a multifamily rental housing project located at 165 Cessna Court, San Luis
Obispo, California (the “Project”); and
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by
the Authority must be approved by the City of San Luis Obispo (the “City”) in order to
proceed, because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City (the “City Council”) is the applicable
elected representative to approve the issuance of the Bonds under Section 147(f ) of the
Code; and
WHEREAS, the City’s approval of the issuance of the bonds is a statutory
requirement and does not impose upon the City any legal or financial obligation to repay
the bonds; and
WHEREAS, the Authority has requested that the City Council approve the
issuance of the Bonds by the Authority in order to satisfy the public approval requirement
of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of
Powers Agreement Relating to the California Municipal Finance Authority, dated as of
January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following
notice duly given, held a public hearing regarding the issuance of the Bonds, and now
desires to approve the issuance of the Bonds by the Authority.
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Resolution No. _____ (2026 Series) Page 2
R ______
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City Council hereby approves the issuance of the Bonds by the
Authority. It is the purpose and intent of the City Council that this resolution constitute
approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section
147(f) of the Code by the applicable elected representative of the governmental unit
having jurisdiction over the area in which the Project is located, in accordance with said
Section 147(f) and (b) Section 4 of the Agreement.
SECTION 3. The issuance of the Bonds shall be subject to the approval of the
Authority of all financing documents relating thereto to which the Authority is a party. The
City shall have no financial, legal, or other responsibility or liability whatsoever with
respect to the Bonds.
SECTION 4. The adoption of this Resolution shall not obligate the City or any
department thereof to (i) provide any financing to acquire or construct the Project or any
refinancing of the Project; (ii) approve any application or request for or take any other
action in connection with any planning approval, permit or other action necessary for the
acquisition, construction, rehabilitation, installation or operation of the Project; (iii)
construct the Project or any component thereof, in whole or in part; (iv) make any
contribution or advance any funds whatsoever to the Authority; or (v) take any further
action with respect to the Authority or its membership therein.
SECTION 5. The officers of the City are hereby authorized and directed, jointly
and severally, to do any and all things and to execute and deliver any and all documents
which they deem necessary or advisable in order to carry out, give effect to and comply
with the terms and intent of this resolution and the financing transaction approved hereby.
SECTION 6. This resolution shall take effect immediately upon its adoption.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 2026.
___________________________
Mayor Erica A. Stewart
Page 136 of 145
Resolution No. _____ (2026 Series) Page 3
R ______
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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1
TEFRA Hearing for Sendero Apartments
Tuesday, September 14, 2026
2
Recommendation
1.Conduct a public hearing under the Tax Equity and Fiscal
Responsibility Act (“TEFRA”) of 1982 and pursuant to the
requirements of the Internal Revenue Code of 1986 (the “Code”); and
2.Adopt a resolution approving the issuance of Revenue Bonds by the
California Municipal Finance Authority to provide for the financing of
Sendero Apartments (the “Project”); such adoption is solely for the
purposes of satisfying the requirements of TEFRA, the Code, and
California Government Code Section 6500, et seq.
3
Background
•Sendero Apartments is an approved 60-
unit, 100% affordable housing project
that is part of the 720 unit Avila Ranch
area, located at 165 Cessna Ct.
•C&C Development Co. applied for and
received over $35 million in funding for
the project, including tax-exempt bond
financing of up to $15 million
administered by the California Municipal
Finance Authority
•TEFRA hearing is required under federal
regulations for tax-exempt bond
financing
Project Site
4
California Municipal Finance Authority
•The CMFA is a joint powers authority formed to assist local
governments, non-profit organizations, and businesses with
the issuance of both taxable and tax-exempt debt
•The City will have no financial or legal obligations or
responsibilities with regard to the repayment of the debt.
•City has approved 16 similar resolutions allowing tax-
exempt conduit financing since 1985, most recently Tiburon
Place in 2022
5
Recommendation
1.Conduct a public hearing under the Tax Equity and Fiscal
Responsibility Act (“TEFRA”) of 1982 and pursuant to the
requirements of the Internal Revenue Code of 1986 (the “Code”); and
2.Adopt a resolution approving the issuance of Revenue Bonds by the
California Municipal Finance Authority to provide for the financing of
Sendero Apartments (the “Project”); such adoption is solely for the
purposes of satisfying the requirements of TEFRA, the Code, and
California Government Code Section 6500, et seq.