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HomeMy WebLinkAbout11/15/2005, PH 2 - CONSIDERATION OF PD REZONING (FROM M-PD TO R-4-PD), TENTATIVE TRACT MAP APPROVAL AND ALLOCATION OF council (Mmd°°Dm 11-15-05 agenba RePoRt ,=H CITY OF SAN LUIS OBISPO FROM: John Mandeville, Director of Community Development Prepared By; Michael Codron, Associate Planner SUBJECT: CONSIDERATION OF PD REZONING (FROM M-PD TO R4-PD), TENTATIVE TRACT MAP APPROVAL AND ALLOCATION OF AFFORDABLE HOUSING FUNDS FOR THE TUMBLING WATERS PROJECT, A PLANNED DEVELOPMENT CONSISTING OF 178 DWELLINGS (PMTR 151-03); 861 AND 953 ORCUTT ROAD. CAO RECOMMENDATION 1) As recommended by the Planning Commission, introduce an ordinance approving the Tumbling Waters development plan, a new residential neighborhood with 178 dwellings. 2) As recommended by the Planning Commission, adopt a resolution approving a Vesting Tentative Tract Map for the Tumbling Waters Project. 3) Adopt a resolution allocating up to a maximum of $400,000 from the City's Affordable Housing Fund, which will be combined with State and developer funds and used for down payment assistance for 10 affordable homes within the project. REPORT-IN-BRIEF On October 12, 2005, the Planning Commission voted 5-1 to recommend approval of the Tumbling Waters project to the City Council (Attachment 1 - Vicinity Map). The Tumbling Waters project is anew residential neighborhood consisting of 178 dwellings, a Village Hall with recreational facilities, and a perimeter path (Attachment 2,Tumbling Waters Development Plan). The City Council is being asked to consider changing the zoning on the project site from M-PD to R-4-PD and to approve a vesting tentative tract map for the project. The City's Housing Programs Manager has developed an affordable housing program in cooperation with the State and the developer, and is recommending an allocation from the Affordable Housing Fund to provide for down payment assistance for 10 affordable homes in the project (Attachment 3). These 10 homes would be in addition to the 2 homes required by the City's Inclusionary Housing Ordinance. The design of the project has been through various iterations and the current plans address the major issues that were identified during the City's development review and environmental review processes. This agenda report discusses project design, the required findings for approval of the proposed subdivision and PD zoning, and the suitability of the project for allocation of Affordable Housing Funds. TR/PD 151-03(Tumbling Waters) -Page ge 2, - - DISCUSSION Data Summary Addresses: 861 and 953 Orcutt Road Applicants: PARC North Associates,LLC=Orcutt Associates,LLC Representatives: Jim Murar-EDA, Inc. =Oasis Assoc., Inc. —PDS West—David Wolf,Env. Zoning: M-PD (Manufacturing Planned Development) General Plan: Services and Manufacturing Site Description The project includes 11.7 acres, 7.8 acres of which constitutes the development area. The 3.9 acre difference between the gross and net site acreage is accounted.for by creek corridors and tight-of-way dedication requirements. 'The site is bordered by Alrita-Carla Creek and Sydney Creek. The Escorp Drainage is a minor drainage that enters the site in the area of the Duncan/Sacramento/Orcutt intersection. This drainage was always proposed to be culverted as part of prior project approvals and the City's Circulation Element. The current project plans provide for the realignment of-the creek so that it can serve as a project amenity.. The project site is relatively flat, with an east to west downward slope. Trees and other interesting natural features are limited to the creek corridors. The railroad tracks border the site to the east. The property has about 200' of frontage along the tracks, and is bordered by industrial development to the south and north, across Orcutt Road. Residential uses border the site to the east, along Bullock Drive. Project Description The Tumbling Waters project is a request for Planned Development rezoning from M-PD to R-4- PD and Tentative Tract Map approval for 178 for-sale residential units. Several different residential building types are proposed and most residences are clustered in buildings of 2, 3,4, 6 and 9 units. The project plans include a village hall that is central to the site. The building would have 2,000 square feet of multi-purpose space and a 750 square-foot fitness center. Outdoor activity areas bordering the village hall include a tot-lot adjacent to the fitness room, a parking area that can also serve as a plaza for special events, and a village green that provides about 3,000 square feet of level turf for recreation during most of the dry season. Site development would include detention basins (including the village green) that are designed for recreational use during the majority of the year: A perimeter trail is proposed, including several small meditation gardens along the path. The project is designed to provide separate entries for all residential units, which are designed in town-house configurations, with two and three stories above parking, depending on the.unit type. Deviations from the City's standards are proposed for building heights, building setbacks along Sacramento Drive, private open space requirements, parking and driveway standards, and the Drainage Design Manual.. 2 TR/PD 151-03(Tumbling Waters)__ __ __. _ _ Page 3 Evaluation PD Rezoning In order to qualify for PD zoning, the project must represent superior design and include at least 2 of 4 mandatory project features that are described in the Zoning Regulations. These features include (SLO MC 17.62.045): 1. A minimum of 25 percent of the residential units within the project are affordable to households of very low, low or moderate income (See Municipal Code Chapter 17.90 for incentives provided for-affordable housing development, including density bonuses and possible fee waivers); 2. The project will achieve a minimum of 30 percent greater energy efficiency than the minimum required by California Code of Regulations Title 24; 3. The project will preserve, enhance, and/or create a significant natural feature with a minimum area of one-half acre; or 4. The project will provide a substantial public amenity, for example, a significant public plaza, a public park, or a similar improved open space feature, including provisions for guaranteed long-term maintenance not at the expense of the City. The Tumbling Waters Project is proposing to exceed the 2004 Title 24 energy efficiency requirements by 30% and to enhance and preserve the creek corridors on the project site. In addition, the Tumbling Waters affordability provisions are significant and the developers intend for the perimeter trail; the village green and the south recreational basin to be open to the public. The developers of the Tumbling Waters and Creekston projects are also coordinating the installation of a bridge between the two project sites, to connect the neighborhoods. In consideration of these exemplary project features, PD zoning allows the Council to approve deviations from the standards provided in the Zoning Regulations. The following standards are proposed for the Tumbling Waters project. a) Reduced Street Yard: Seven buildings located along the eastern frontage of Sacramento Drive are proposed to have a reduced street yard from the 15-foot standard to a minimum of 10 feet. In this location, the property line will be set.at the back of the curb, and the parkway and sidewalk occur in an easement. Therefore, the effective setback of the buildings along Sacramento Drive would be as close as 3 feet to the back of sidewalk. All other street yards comply with City standards. b) Reduced Side Yards: The setbacks from internal property lines on the project site would be subject to building code requirements and design review only. c) Increased Building Height: The tallest buildings proposed include three levels of living area above parking. The actual height of the tallest building is 46'-6" (six-plex and nine-plex configurations), whereas the height standard in the R-4 zone is 35'. The foundations of the TR/PD 151-03(Tumbling Waters) Page 4 proposed buildings incorporate a drop in finished grade between the front of the building and the motor court at the rear. The graphic below illustrates this concept, Which is a principal design component of every unit in the project. Even With four stories above parking, a pedestrian scale is maintained ined at the sidewalk because parking is provided sub-grade with access via the motor court at the rear of the building. L T! Sidewalks UMtor courts provide 1"t-C pedestrian access provide garage access The graphic above shows how front entries will be oriented to sidewalks throughout the project to maintain a pedestrian scale and to provide a nice environment for neighborhood interaction away from garages and parking areas. d) Creek Setbacks:. As discussed briefly under Site Description, the Escorp Drainage is a minor drainage that enters the site in the area of the Duncan/Sacramento/Orcutt intersection. Previous approvals for development of the project site allowed for this drainage to be placed underground in a culvert, which would be consistent with the alignment for Sacramento Drive shown in the Circulation Element. The City's Creek Map (Open Space Element Figure 4) identifies this creek as a drainage ditch. As such, the creek setback ordinance does not apply, although City policies,for-protection of riparian and wetland resources do. As a result, the current project plans provide for the realignment of the drainage so that it can serve as a project amenity, as opposed to enclosing it in a culvert. The realignment of the Escorp Drainage also allows impacts to wetland and riparian resources to be mitigated on-site and in- kind, per General Plan policy (OS 12.23). Setbacks from the realigned gned portion of the Escorp Drainage are proposed, at 10 feet from the top of the bank for buildings west of Sacramento Drive and for the roadway itself.. No formal creek setback exception is required for this setback because the Escorp Drainage is not technically considered a creek, by ordinance. A creek setback exceptJ*on is required for the proposed pedestrian bridge to the Creekston project. e) Parking Requirements: The Tumbling Waters project meets the City's standard parking requirements through garage parking and on-site parking along private streets and in small groups of spaces scattered throughout the project site. In order to conserve more land for buildings and to provide Class H bike lanes, on-street parking is not provided along Sacramento Drive. TR/PD 151-03.(Tumbling Waters) Page 5 Short-term bicycle parking is required for the project at the rate of 5% of the required vehicle spaces or 21 spaces. Short-term bicycle parking would be provided_ at the pedestrian bridge, the village hall, and the south basin community park, subject to the approval .of the Architectural Review Commission. Long-term parking for bicycles is provided in garages at the rate of two spaces per unit. The applicants are. requesting an exception from the Zoning Regulations requirement to provide 21 additional motorcycle spaces (1 per 20 vehicle spaces). Staff supports this request based on the presumption that residents who use a motorcycle for transportation instead of a car can park in their garage. At least 8 motorcycle parking spaces will be provided on-site for guests, subject to the review and approval of site plan changes by the Architectural Review Commission. f) Parking and Driveway Standards: The Tumbling Waters project provides 116 of the total 420 parking spaces (27%) in a tandem configuration. The Parking and Driveway Standards and the Zoning Regulations say that tandem parking can be approved by the Community Development Director: if the spaces are designated for the exclusive use of a designated dwelling. All of the tandem garages proposed are associated with a specific unit in the building. Therefore, the Planning Commission is recommending approval of the tandem parking proposal as a creative and effective way to reduce the amount of space on the site dedicated to parking. This recommendation is consistent with recent project approvals, such as the De Tolosa Ranch project, which uses tandem garages extensively. The proposed tandem garages accommodate one regular sized parking space and one space that is considered compact because it has a 16-foot depth instead of an 18'-5'' depth, which is standard. All tandem parking occurs on private streets, most of which are dead-end aisles, therefore when vehicle exchanges occur in these garages, traffic safety on public streets will not be impacted. g) Waterways Management Plan: The applicants are proposing a minor exception to the Drainage Design Manual to allow for a P freeboard in the detention basins instead of the required 2' freeboard. Freeboard refers to the height of the basin perimeter in relation to the maximum expected water level in the basin. The purpose of the requested exception is to allow the basins to be designed for multiple purposes - recreation, drainage control and flood prevention. With a F freeboard, the sides of the detention basins can be shallower and lower and will not need to be fenced. Public Works staff supports this request because the basins are located adjacent to creeks and a safe overflow route will be established to prevent flood. damage in the event that the basins overflow. h) Open Space Requirements: As an alternative to the Property Improvement Standards for New Condominium Projects (SLOMC 17.82.140), the Planning Commission is recommending the following language as part of the PD ordinances for both development sites. The numerical standards of the Property Improvement Standards for New Condominium Projects (SLOMC 17.82.140.A, B, C and D) shall be waived in favor of a qualitative review of the requirements to insure compliance with the intent of the standards, while accommodating the superior design of the proposed project and its successful mitigation of noise impacts. The Architectural Review Commission shall be responsible for evaluating the project for compliance with � -5 TRIPD 151-03(Tumbling Waters) Page 6 the following project imperative: • The project meets the open space requirements of the High-Density Residential zone by providing "common outdoor areas and very compact private outdoor spaces," except where outdoor use areas would expose residents to excessive noise levels and where the design of noise attenuation measures (such as stand-alone sound walls) would be inconsistent with the City's Community Design Guidelines. Decks that are 3 feet in depth or less shall be considered architectural features instead of usable open space areas and shall not be subject to noise attenuation requirements. The language provided above will insure that sufficient private and common open space areas are provided on-site, where they are architecturally compatible with the site and surroundings and where noise exposure concerns can be adequately addressed. The standards discussed above are summarized in Exhibit B of Attachment 4. Required Subdivision Findings In order to approve the proposed subdivision, State'law requires the Council to make specific findings. The Planning Commission is recommending the following_ findings for approval by the Council. 1. The proposed map is consistent with the General Plan because the project helps meet the City's goal of maintaining a compact urban form(LUE Goal 31).. 2. The design of the proposed subdivision is consistent with the General Plan because it will provide for variety in the location, type, size, tenure and style of housing in the City (HE Goal 5.1). 3. The site is physically suited for the proposed type of development because it is an under- developed site adjacent to existing street rights-of--way with complete City services. 4. As conditioned, the site is physically suitable for the proposed density of development because the site is within an existing City block, services are available to serve the development, and utilities have been designed to serve the site per City standards. 5. The design of the subdivision is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because all biological impacts of the project have been evaluated in the Final EIR for the project and mitigation measures will insure that impacts will be less than significant. 6. The design of the subdivision is not likely to cause serious public health problems because environmental impacts, such as noise, are mitigated_ by design and buildings in the subdivision will be designed to meet strict building and safety codes. 7. The design of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because the project design has been reviewed to insure compatibility with the limitations established by existing easements for utilities. TR/PD 151-03(Tumbling Waters) Page 7 The resolution approving the proposed subdivision is attached(Attachment 4). Affordable Housing Program The Tumbling Waters project is considered affordable by design because the project density" is approximately 24 units per acre, and the average floor area of all units is 1,390 square feet. As a result, the base requirement of 8 units (5% of 174) is adjusted by a factor of .25 (See Housing Element Table 2a). The total requirement is 2 moderate income units. The City has worked With the project applicants to go beyond their Inclusionary Housing Requirement by providing 10 additional units for sale to moderate income households. This is made possible by the City's successful application to the BEGIN program The City was awarded the BEGIN grant because approval of the project would include rezoning, relaxed property" development standards, and reduced right-of-way requirements. The City's certified Housing Element was also a..major factor in qualifying for the grant. The 10 additional units would be offered to eligible households through a unique program, detailed in Attachment 3. CONCURRENCES The Planning Commission is recommending approval of the Tumbling Waters development plan. The project was reviewed for consistency with the Airport Land Use Plan (ALUP) by the Airport Land Use Commission (ALUC) on October 19, 2005. The ALUC determined that the project was consistent with the ALUP. The project has also been reviewed by the Air Pollution Control District, the Regional Water Quality Control Board, the California Department of Fish and Game, the Army Corps of Engineers and Caltrans. Each of these agencies will have permitting responsibilities during the construction phase of the project. In addition, the project has also received input from several community groups, including Residents for Quality Neighborhoods and Coalition for Affordable Housing, as.detailed in Attachment 2. FISCAL IMPACT When the General Plan was prepared, it was accompanied by a fiscal impact analysis of on-going costs and revenues, which found. that overall the General Plan was fiscally balanced. If the proposed rezoning is approved, new costs and revenue sources are anticipated; however, given. the scale of the project, the fiscal impact of the change is likely to be small. ALTERNATIVES 1. Continue the project to a date certain and provide staff and the applicants with direction on changes that need to be made to the project or additional. information that. needs to be provided before the Council can make a decision. 2. Deny the project if the required findings for subdivision approval or Planned Development zoning cannot be affirmed. This alternative is not recommended because the Planning Commission has recommended findings required for approval of the proposed entitlements. V TR/PD 151-03(Tumbling Waters)_ _. _ Page 8 ATTACHMENTS Attachment 1: Vicinity Map Attachment 2: Tumbling Waters Development Plan Attachment 3: Tumbling Waters Affordable Housing Program Analysis Attachment 4: Draft Ordinance Approving PD Rezoning . Exhibit A: Rezoning Map Exhibit Exhibit.B: Property Development Standards Attachment 5: Draft Resolution approving the Tumbling Waters Vesting Tentative Map and allocating up to$400,000 for the project's affordable housing program- PROVIDED rogramPROVIDED FOR COUNCIL Final EIR for the Four Creeks Rezoning Project, October 2005 Tumbling Waters Development Plan, Revised August 10, 2005 Creekston Development Plan, Revised October 3, 2005 Full=Size Project Plans Planning Commission Minutes will be provided to the Council on Thursday, 11=10-05,after they are approved by the Commission. The above information is also available for review by the public at the Community Development Department; 990 Palm Street: COUNCIL READING FILE A. Planning Commission Agenda.Packet for October 12, 2005,including draft minutes. L\ER\Tumbling Watm\CAR 11-15-05(TR-PDI 51-03).doc � !v '- IIS i 1\ �p a (�, r- t e • F r � LL`. 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N. d' Attachment 3 �IIIIIIIIIII��� IIS � MEMORANDUM CITY OF SAN LUIS OBISPO TO: Michael Codron FROM: Doug Davidson DATE: October 27, 2005 SUBJECT: 11/15 Council Agenda Report-Affordable Housing BEGIN Grant and City's Affordable Housing Fund BEGIN Program The BEGIN Program is a homeownership program designed to make grants to jurisdictions that provide incentives or reduce or remove regulatory barriers for housing developments. The grants shall be used for down payment assistance in the form of a loan to qualifying first-time homebuyers of low- and moderate-income. In exchange for regulatory concessions made at the local level, the BEGIN Program provides up to $30,000 per dwelling unit in down payment assistance in the form of a soft (silent) second mortgage to low- and moderate-income households. In Tumbling Waters, 10 units (not including the two required inclusionary units) would receive $30,000 each in down payment assistance for a total grant award of $300,000. BEGIN funds area grant from the State and a loan from the City to the homebuyer. The BEGIN Program is,designed to promote partnerships between localities and housing developers to join together to reduce the cost andincrease.the supply of new homeownership opportunities for lower income households. The locality's role is to offer specific forms of regulatory relief, development incentive, or project enhancements which reduce the per-unit cost of housing. BEGIN funds reward communities that implement regulatory relief measures in development of ownership housing for lower income households. The City must show how it exercised its power to relieve a barrier addressed in the governmental.constraints section of its Housing Element for building of affordable units. Since housing elements analyze governmental constraints and identify measures for removal or mitigation of barriers, having a housing element in compliance with State law, demonstrates the locality's efforts to remove barriers to the creation, of affordable housing. Although not a threshold requirement, having a certified Housing Element- provides a competitive edge (50 bonus points) over those jurisdictions riot in State compliance. HCD certified the City's Housing Element on December 22, 2004. Attachment 3 BEGIN and AHF Funding=Tum._..g Waters 2 The BEGIN Program requires that the application be for a specific project that is in the planning permitting, or construction phase of development. Tumbling Waters is an ideal project for the BEGIN Program — the project is in the planning review process, the developer was willing and cooperative . to participate and contribute to an affordable housing program, and the recommended project includes regulatory relief and project enhancements. The Council authorized the BEGIN application at its February 15, 2005 meeting. The grant application was submitted to the State Housing and Community Development Department (HCD) on May 6, 2005. HCD has notified City staff that the application is eligible for a $300,000 BEGIN grant. Funds will be secured upon approval of the project, as represented in the application and recommended to the Council, including the regulatory relief measures. The City proposed removing a major barrier to affordable housing by initiating the General Plan Amendment/Zone Change to allow for a high density residential uses on this historically Services/Manufacturing site. Furthermore, the recommended project includes exceptions to development standards including height, street yard, .and right-of-way width. This regulatory relief— General .Plan Amendment/Zone Change and exceptions to development standards - is tied in with the BEGIN grant; in fact, the grant is dependent upon the project receiving these housing incentives. Affordable Housing Fund (AHF) BEGIN grants, capped at .$30,000 per unit, are often, if not always these days in California, supplemented by additional funds to help fill the gap between what a moderate income household can afford and the market price of a home (an affordable by design home at that). Staff proposes matching the BEGIN grant with a $30,000 loan per unit for additional mortgage assistance. The developer will also contribute 1/3 the amount that the City obligates to the program. In this manner, the mortgage is brought down $70,000 per unit ($30,000 State, $30,000 City, and $10,000 Developer). Even with this home buyer assistance, a moderate- income household can not afford a 6% mortgage, particularly on the larger, more expensive homes. To complete the housing program, assistance is proposed to "buydown" the interest rate. The City's contribution to the interest rate buydown would not exceed $10,000 per unit (average) with the same 1:3 dollar ratio from the developer. Thus, the total draw down on the AHF would be $400,000 ($300,000 for mortgage assistance and $100,000 for interest rate buydown). Exhibit A shows the financing breakdown. Established in 1999, the AHF implements the Inclusionary Housing Program and is funded by the payment of in-lieu affordable housing fees. The City Council has now approved four grants or loans from the AHF — 1) a $215,000 grant for Judson Terrace Lodge to help construct a 32- unit apartment project for frail, low-income elderly persons, 2) a $60,000 grant to support the Housing Trust Fund in its start-up and operating costs, 3) a $109,921 ,grant (supplemented by $190,079 of CDBG) to the Housing Authority for purchase of the North Chorro Street site, and 4) a $600,000 loan to the Housing Authority for site acquisition of property on Humbert Street for a cooperative housing project. —,4!5,3 Attachment 3 BEGIN and AHF Funding-Tum. .g Waters 3 The current balance in the Affordable Housing Fund is $1,176,100. Revenues are shown in detail below, as of October 28, 2005: 2000 2001- 2002 2003- 2004 2005-2006 TciW 2001 2002 2003 2004 2005 YTD In-lieu Fees 1931700 464,900 747,800 60,500 323,300 168;500 $1,958,700 Interest 8,200 20,000 28;300 8;500 19,900 7;500 $92,400 Expenditures 0 0 1215,0001 130,0001 (3090001 1600,000) [875,000] TOTAL 2019900 1 484,900 561,100 39;000 1313,200 1 1424,0001 J $1,06,100 City of San Luis Obispo Finance Department Staff believes that all criteria for AHF funding are met with the Tumbling waters project. The analysis below lists the criteria as established by Resolution 9263 - 2001 Series (Exhibit B) followed by a discussion of each in italics. Eligibility. Use of the Affordable Housing Fund will increase or improve affordable housing inventory and promote General Plan policies regarding housing and related community goals. Use of the AHF will increase the City's affordable housing inventory by 10 moderate-income units and promote General Plan policies, among them:. "Assist with the issuance of bonds, tax credit financing, loan underwriting, or other financial tools to help develop or preserve affordable units through various programs, including, but not limited to: (1) below-market financing and (2) subsidized mortgages for very-low, low- and moderate income persons and first-time home buyers, and (3) self-help or "sweat equity" homeowner housing." (Housing Element Program 2.3.9) Need. There exists a substantial or overarching need for the type of housing to be assisted. With a median home sales price of well over $600,000 and an affordability index of 10% (the percentage of households in the City based on income who can afford to purchase a median- priced home), the need for more affordable housing in San Luis Obispo is unquestioned. Suitability. The project to be assisted is appropriate for its location_, both in terms of land use and design. The site is appropriate for a higher density residential project, in fact, the City initiated the General Plan Amendment to enable development of such a project. Since adoption of the Housing Element; Tumbling Waters (and Creekston) are by far the best examples of"affordable- by-design." The project embodies the concept of higher density, compact development on an infill site. Timing. The project would better serve the City's needs if it were built immediately as opposed to later. � 5y Attachment 3 BEGIN and AHF Funding-Tum. .g Waters 4 The need is urgent =-affordable housing opportunities should be taken advantage of quickly. Construction is scheduled to begin in summer, 2006. Also, it is important to secure the BEGIN grant by the end of 2005 to ensure availability of funding. Financial Effectiveness. But for the requested assistance, the project would not be economically feasible; or AHF funding "leverages" significant additional funding from other sources. The AHF funds provide significant leverage with State and private funding sources. This financing package is a great example of the City's funding sources in action — Proposition 46 funding and developer contribution, supplemented by the City's AHF, filling the gap in financing and allowing provision of 10 additional affordable housing units. The developer is contributing one dollar for every three dollars the City dedicates to the financing of these additional 10 units. This is a critical component of the package to close the financing gap. Furthermore, the developer is contributing to affordable housing in another way — by locking in the sales price about one year ago. The median sales price in San Luis Obispo has increased approximately 25% over the last year. Readiness. The project has all necessary City approvals and is ready to proceed. Upon receiving land use approval from the Council, Tumbling Waters will have received its discretionary land use entitlements. By including the regulatory relief measures, the project becomes approved for BEGIN grant funds. Tumbling Waters Housing Program These 10 additional affordable units are above and beyond the Inclusionary housing requirements (see Exhibit C' for letter from developer requesting City assistance for more affordable units). The 10 subsidized tinits in the Tumbling Waters project will offer a different form of affordable housing. As opposed to a 30-year restriction based on sales price, the affordability of these dwellings is income driven - capped by what a moderate4r come household can afford using 35% of their income for housing. These units will be placed in the shared equity component of the City's Inclusionary Housing program. The shared equity program recognizes that the City, State; and developer funding are a one-time up-front event, that the public funds are a loan and will come back to the program, and that the purpose of the BEGIN program is embedded in its acronym, "Building Equity". Under the shared equity program, upon sale of a home subject to this program, the City will receive back the State and City assistance plus a portion of the equity. In this way, a revolving loan fund is established to help maintain the affordability of these units. The shared equity program also includes a "recapture" provision; an incentive for the homeowner to remain in the home for at least six years. If a homeowner sells within the initial six-year period, the City obtains a recapture fee in addition to the City's equity share. ` Y BEGIN and AHF Funding—Tumb'ing Waters Attachment 3 5 Housing Element Table 2-A is an incentive for compact, higher density development and the Tumbling Waters project embodies this concept. The BEGIN program is an incentive for the Tumbling Waters developer to build additional affordable units. By using the BEGIN grant and the City's Affordable Housing Fund, 10 more affordable units can be provided in the project. Tumbling Waters is a flagship model for the City housing programs - the first true example of,an affordable-by-design project under Table 2=A; a public/private partnership for an affordable housing program, AND a project With 12 deed-restricted affordable units: Dougd/HousingProjects/CCRptFundingTumbling W aters Attachment 3q 9 HHgpsp �A m g g O O N NCM O N iy La Q " C - N d Q > nNN LO Misty � q q r N Nvc9id M V W d C N ptp p X n O oOp �[I � N C?C7NO! � 1e►� 0 f�D tnONr a COdda r r � L) N W CLC �. N a40 N C ~ z'a § 8LRCSM � m � Nr 10 O Nf�Wtf1 � �- IhP W� . '.. . O C + N !O (V WN 3 10 c I oa � _ o g g 00N� f�� 9 9 8 � $ 8 x ppe- F O CM rV C�r d T C WNr OW V�7 r r ISN N Ct� a C� �j c Q IM CD E _ 5 ro m o o ec 2 _ C m E x ccg W a © m CL c � >08 cu' 3 aE U o CD CD 0 aa — ^ — C m x � m agn g 'v O 10 E Q t x o ¢ mcc10 E g $ CD a c cg t� Cg� � � � �°. QIo I I to o � S oob Attachment 35 'RESOLUTION NO. 9263 (2001 Series) A.RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING AWARD CRITERIA AND A REVIEW PROCESS FOR ALLOCATING AFFORDABLE HOUSING FUNDS. WHEREAS, the City Council adopted Ordinance 1348 (1999 Series)establishing an Affordable Housing Fund for the collection and distribution of in-lieu housing fees to promote affordable housing in San Luis Obispo; and WHEREAS, as a result of-the in-lieu fee payments to the City under the Inclusionary Housing Ordinance,the City has a balance of approximately$400,000 in the Affordable Housing Fund, and this fund is available to support affordable housing in San Luis Obispo at.the sole discretion of the City Council;and WHEREAS,the City received requests by.Judson Terrace Lodge and Sojourn Services,Inc. for the use of$215,000 and$25,000,respectively,of Affordable Housing Funds; and to evaluate these and future funding requests in a fair and timely manner, Council wishes to establish award criteria and a review process for the Affordable Housing Fund; and WHEREAS,the City Council held a meeting on December 4,2001 to consider possible award criteria that balance the need to provide a fair, open and timely funding award process with the desire to maintain funding flexibility to.address local housing needs and opportunities; Now,THEREFORE,BE IT RESOLVED by the council of the City of San Luis Obispo that based on'its deliberations,public comments,the staff repom.and on State law, the following: SECTION 1. Affordable Housing Fund Award Criteria. The City Council establishes the following criteria for evaluating requests for use of the Affordable Housing Fund: 1. Eligibility. Use of the Affordable Housing Fund(AHF)for the requested purpose will increase or improve the City's affordable housing inventory and promote General Plan policies regarding housing. 2. Need. There exists a substantial or overarching need for the type of housing to be assisted. 3. Suitability. The project to be assisted is appropriate for its location,both in terms of land use and design. 4. Timing. The project would be better serve the City's needs if.it were built immediately as opposed to later. R 9263 .J' Resolution No. 9263 1 Series) 'Affach(11enf 3 1� Page 2 S.Financial Effectiveness. But for the requested assistance,the project would not be economically feasible;or AHF funding"leverages"significant additional funding from other sources. 6. Readiness. The project has all necessary City approvals and is ready to proceed. SECTION 2. Use of Award Criteria. The Council will apply the above criteria when evaluating funding requests. Requests that most closely meet the criteria will be given the most favorable consideration in allocating Affordable Housing Funds. Under no circumstances is Council obligated to award Affordable Housing Funds. The decision whether to allocate funds and how much is at the sole discretion of the City Council whose decision is final. SECTION 3. Review Process. The Community Development Director shall be responsible for processing requests for use of Affordable Housing Funds. Such requests shall usually be considered concurrent with review of the City's Community Development Block Grant Program.The Director is authorized to bring urgent funding requests to the Council at any time, irrespective of the above review cycle. SECTION 4. Funding Agreements. Recipients of Affordable Housing Funds shall be required to execute an agreement with the City describing the purpose and terms of funding. The project or program to be funded shall meet the City's Affordable Housing Standards,including the requirement for an affordability term of at least thirty(30)years, and City equity participation in the project where feasible and appropriate. The City Administrative Officer is authorized to execute such agreements for the City. Upon motion of Council Member Schwartz, seconded by Vice Mayor Marx, and on the following roll call vote: AM: Council Members Ewan, Mulholland,Schwartz, Vice Mayor Marx, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 0 day of December 2001 Mayor Allen Settle A T: Lee Price,City Clerk Resolution No. ' '3 (2wl Series) Page 3 Attachment 38 APPROVED AS TO FORM J Jor nse_, - ity homey 02 '�� Attachment 3C ORCUTT ASSOCIATES LLC 12730 HIGH BLUFF DR. SUITE 180 SAN DIEGO, CA 92130 October 26, 2005 Mr. Doug Davidson, AICP Housing Programs Manager City of San Luis Obispo Community Development Department Dear Doug As you know Orcutt Associates,LLC has been processing for approval the Tumbling Waters Village of 175 townhomes on 7.5 net.acres in the City of San Luis Obispo. Orcutt Associates LLC and the City have been working together to provide additional homes affordable to households of moderate income in addition to the two homes required under the City ordinances. We believe we have been able to accomplish a structure whereby ten homes would be made available for purchase to moderate income households based on monthly housing cost determined pursuant to the City policies.This structure will require assistance by the. City,Orcutt Associates,LLC and down payment assistance through the State"BEGIN' program. We hereby request that the City provide assistance to the homebuyers.The Builder/Developer will match $1.00(not to exceed$133,000)for every$3.00 the City provides.These funds will be used to assist homebuyers by providing down payment assistance through loans, payment of interest rate buydowns and or subsidies for Homeowner Association dues or other items to assist buyer qualification.The total City commitment would be$400,000 although it may be less. The Tumbling Waters Village has been in the planning process for nearly three years with all design completed. Prior to the completion of the Village plan, Orcutt Associates, LLC conducted a substantial community outreach program with the input from various community groups incorporated into the plan. The Workforce Housing Coalition has reviewed and endorsed the Village Plan as a means to provide new housing for the region. A Vesting Tentative Map, Specific Site Plan, Grading and Storm Water Plan and Architectural Designs have all'been submitted to the City for review and approval. An EIR has been completed by the City. We expect that this new exciting infill Village will be approved by the City in the November 2005. We would expect grading to be started in summer of 2006 with site Attachment X improvement construction to begin thereafter. The initial phase of townhoims would be started in mid 2.006 with initial move-ins scheduled for early 2007. I believe this is a summary of the progress we have made working in conjunction with the City to provide additional affordable housing for the area. Sincerely, Orcutt Associates,ILC E:James Murar Attachment 4 ORDINANCE NO. (2005 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REZONING THE TUMBLING WATERS PROJECT SITE FROM M-PD TO R- 4-PD AND APPROVING THE DEVELOPMENT PLAN FOR THE _PROJECT; PD 151-03 (861 AND 953 ORCUTT ROAD) WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November 15, 2005, for the purpose of considering Planning Application PD 151-03, a development plan providing for 178 new homes; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the proposed development plan, including modified property development standards; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on December 3, 2003, July 28, 2004, May 25, 2005 and October 12, 2005 for the varied purposes of directing the scope of the environmental review for the project, reviewing revised plans and making recommendations to staff and the applicant, and considering a final recommendation to the City Council on the project; and WHEREAS, the City Council has reviewed and considered the Final EIR and has determined that the environmental document represents the independent analysis of the City and adequately addresses the potentially significant environmental impacts of the proposed project; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations of the Planning Commission and staff, presented at said hearing. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: Section 1. Environmental ,Review. The City Council hereby adopts all mitigation measures approved as part of the Final EIR (ER 114-02) as conditions of approval of the project. Section 2. Planned Development.Project.Findings. The following findings are required by the Zoning Regulations (SLOMC 17.62.045) and are hereby made in support of the proposed Planned Development rezoning. Attachment 4 Ordinance No. (2005 Series) PD 151-03 (Tumbling Waters) 1. The project is consistent with the General Plan, and the proposed land uses are allowed within the applicable primary zoning districts because the project design has been evaluated for consistency with Chapter 2.0 of the Land Use Element and further specific Housing Element Goals, including goals for mixed-income housing (HE Goal 4.1), housing variety and tenure (HE Goal 5.1), and housing production (HE Goal 6.1). 2. The project complies with all applicable provisions of the Zoning Regulations other than those modified by the PD rezoning. 3. The approved modifications to the development standards are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts. 4. The project complies with all applicable City Design Guidelines, because the project has been evaluated for consistency and the Final EIR identifies specific design guidelines for consideration by the Architectural Review Commission. 5. All affected public facilities, services and utilities are adequate to serve the proposed project because the plans have been evaluated by staff from the City's Public Works and Utilities Departments and it has been determined that the City can conditionally serve the project with all required utilities and services. 6. The location, size,.site planning, building design features; and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan because the General Plan identifies the project site as a location to consider for High Density residential development and the•project have been evaluated for its impacts on the environment and the ability of the project to be developed in a manner that is consistent with the General Plan; 7. The site is adequate for the project in terms of size, configuration topography, and other applicable features, and has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use; and 8. The establishment, maintenance, or operation of the proposed project will not, in the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or detrimental . or injurious to property and improvements in the neighborhood or to the general welfare of the City because the project will provide housing opportunities and commercial services appropriate for the location and will be developed in a manner that is consistent with all City building codes and other safety related requirements. Attachment 4 Ordinance No. (2005 Series) PD 151-03 (Tumbling Waters) Section 3. .Creek Setback Findings. The City Council hereby makes the following findings in support of reduced creek setback requirements. 1. The location and design of the feature receiving the exception will minimize impacts to scenic resource, water quality, and riparian habitat, including opportunities for wildlife . habitation, rest and movement because the project provides a continuous wildlife corridor through the site and maintains a large percentage of the project site in creek setback areas. The overall area where encroachments are permitted is small and in each case is minimized to insure the protection of the riparian habitat area. 2. The exception does not. limit the City's design options for providing flood control measures that are needed to achieve adopted City flood policies because the project has been designed in a manner that is consistent with the City's Waterways Management Plan and Flood Damage Prevention Guidelines. 3. The exception will not prevent the implementation of City-adopted plans, nor increase the adverse environmental effects of implementing such plans because the proposed exceptions are evaluated in the Final EIR and all environmental impacts associated with development adjacent to riparian areas are mitigated to less than significant levels. 4. There are circumstances applying to the site, such as size, shape or topography, which do not apply generally to land in the vicinity with the same zoning, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning because a large percentage of the project site (approximately 20% of the net site area) is dedicated to creek setbacks, which normally cannot be developed. The proposed exception allows for minor creek setback exceptions where alternatives have a significant impact on project design. 5. The exception will not constitute a grant of special privilege—an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning because the proposed creek setback exceptions will occur as part of PD rezoning, which requires a project to provide substantial public amenities and the restoration of a major natural feature on the project site.. 6. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream because the exceptions are minor and will not affect the ability of the project to comply with the City's Waterways Management Plan, Drainage Design Manual or the Flood Damage Prevention Guidelines. 7. Site development cannot be accomplished with a redesign of the project because access to the project site is required from Broad Street and along Orcutt Road to align with McMillan Road (for traffic safety), and because the loft buildings are being re-located in �S Attachment 4 Ordinance No. (2005 Series) PD 151-03 (Tumbling Waters) their proposed location to address concerns with scenic corridors and architectural compatibility. The minimum dimension for parking lots requires a minor exception along Broad Street in order to provide parking adjacent to the proposed buildings west of the creek in this location. 8. Redesign of the project would deny the property owner reasonable use of the property because site access requires some encroachment into creek setback areas and the proposed creek setback reductions are minimized to the greatest extent possible, considering the other requirements of the project, such as maintaining minimum drive aisle widths for parking maneuverability and emergency access. Section 4. Action. The City Coiihdil hereby rezones the project site from M-PD to R-4- PD, as shown in Exhibit A. Property Development standards for the site shall be as provided in the City's Zoning Regulations, except for the approved deviations .as shown in Exhibit B. Planned Development zoning is approved subject to the following requirements. PD Mandatory Project Features 1. The applicants shall submit a Reve etation and Restoration Plan for the riparian corridors 9 on-site as part of a. complete application ication for Architectural Review. The he Plan shall be consistent with the requirements of BIO/frim-8; the Community Design Guidelines and the Open Space Element of the General Plan. Implementation of the plan shall be requited prior to occupancy of more than 10% of the residential units on the prpjectsite. 2. Plans submitted for construction permits shall detail the project's energy saving features and provide a quantitative analysis of how the proposed measures exceed the 2004 California Code of Regulations gulations Title 24 energy efficiency requirements by a minimum of 30%. 3. Prior to issuance of construction permits for the project, the applicant shall provide the City with an agreement between the applicant and adjacent property owner for construction of the proposed bridge over the creek; between project sites. The design of the bridge shall be submitted to the City as part of a complete application for Architectural Review and shall be constructed prior to occupancy of any commercial floor area developed along Orcutt-Road, to the approval of the Community Development Director. 4. A complete application for Architectural Review shall include a detailed description of all private and common outdoor areas on the project site, and how these areas comply with the noise attenuation requirements provided in the Final EIR. Attachment 4 Ordinance No. (2005 Series) PD 151-03 (Tumbling Waters) 5. A. complete application for Architectural Review shall include a detailed description, including product samples and maintenance requirements, for the proposed on-site decorative paving. The enhanced paving at the village hall and driveway intersection with Sacramento Drive shall meet the access requirements for emergency vehicles and garbage collection, including the ability to support the imposed loads of a 60,000 pound fire apparatus. Any enhanced paving proposed in the public right-of-way shall be designed to the approval of the City Engineer and shall include agreements to insure on= going maintenance of the paving by the Homeowner's Association, even in the event that City crews unearth the roadway in order to service utilities. 6. The site plan submittedto the Architectural Review Commission shall be designed in a manner consistent with the requirements of SLO Garbage Company. Residents of the project shall be required to have 'individual, on-site garbage collection. Refuse and recycling containers (waste wheelers) may not be collected on Sacramento Drive. 7. Modifications to the City's Property Development Standards approved as part of this Planned Development are limited to those listed in Exhibit B of the resolution (Attachment 3). 8. Avigation easements, consistent with City and County procedures, shall be recorded for the entire project site, prior to recordation of the Final Map for the project, to the approval of the Community Development Director. 9. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters), will receive full and accurate disclosure concerning the noise, safety; and overflight impacts associated with airport operations prior to entering any contractual obligation to purchase, lease; rent or otherwise occupy any property or properties on the project site: Real estate disclosure forms and notifications in the project's CC&R's shall be used to satisfy this requirement, to the approval of the Community Development Director. 10. No more than.50% of the units in any one building may be designated for guaranteed affordability. 11. A minimum of four Motorcycle parking spaces shall be provided for guests of the project;with the location to be approved by the Architectural Review:Commission during their review of the project design. 12. A minimum setback of 20 feet from the back of sidewalk is required for all garage doors that face the public right-of-way. All garage.and uncovered parking on the project site must be designed so that maneuvering into and out of spaces occurs on=site, and not in the street right-of-way. 1 ' Attachment 4 Ordinance No. (2005 Series) PD 151-03 (Tumbling Waters) Conditions; Covenants and Restrictions 1. The project CC&R's shall stipulate that garages within the project shall be used exclusively for parking vehicles and may not be used for general storage, recreation or other uses that would prevent the parking of vehicles as required by the Zoning Regulations. 2. CC&R's shall address use of facilities by non-resident guests, alcoholic beverage consumption in common areas, and shall provide sufficient penalties to address violations, to the approval of the Co_inmuriity Development Director. 3: The CC&R's for the project shall stipulate that maintenance and .replacement of all decorative paving installed as part of the project will be the responsibility of the HOA. This includes replacement of on-site and off-site paving damaged by City crews as part of utilities.maintenance. The installation of decorative paving in the City's street right=of- way shall require prior approval of agreements to insure on-going maintenance of the paving by the Homeowner's Association_, even in the event that City crews unearth the roadway in order to service utilities: INTRODUCED on the 15th day of November, 2005, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of December, 2005; on the following roll call vote: AYES`. NOES° ABSENT: Mayor David F, Romero ATTEST:- Audrey Hooper, City Clerk APPROVED AS TO FORM: Jon _ well; City Attorney Attachment Tumbling Waters - Planned Development Rezoning - Exhibit A Existing: / ORCUTT i C-N-S C-S-S M-PD l/ C �C r ,R=2. �, r \ C C r C/OS0 Proposed: „ o M �\ , ORCUTT `... R-4-FD 9 \ C-N-S f s ` R-3 00 M 00>11110,0 R-2 sy�� �i Attachment 4 Exhibit B -Tumbling Waters PD Overlay - Development Standards Setbacks Street Yard -Buildings Garages Facing Street Sacramento 10 feet from PL 20 feet from back of sidewalk Side Yards: internal Property line setbacks subject to building code requirements and design review Height Above Finished Grade 47 feet Creek.Setbacks (permitted encroachments) Realigned Portion of Escorp Drainage— 10 feet Pedestrian Bridge to Creekston—Per approved Development Plan Parking Requirements Parking requirements for the project are per Zoning Regulations Standards and the approved Development Plan, except for motorcycle parking, which shall be provided as follows: A minimum of 4 motorcycle parking spaces shall be provided for guests,with the location to be approved by the Architectural Review Commission.. Parking and DrivewayStandards Tandem Parking is permitted in garages, per the approved Development Plan. The. minimum depth of the garages must.accommodate one standard space and one compact space. Additional exceptions to the Parking and Driveway Standards may be approved by the Community Development Director,,per the Zoning Regulations (17.16.070). Drainage Design Manual Full compliance with the Drainage Design Manual is required, except that 1' of freeboard is permitted for the detention basins instead of a 2' freeboard, to insure that fencing is not required and to facilitate recreational uses of the basins when they are dry. Open Space Requirements The numerical standards of the Property Improvement Standards for New Condominium Projects (SLOMC 17.82.140.A, B, C and D) shall be waived in favor of a qualitative -- Attachment 4 _. Tumbling Waters PD Standards Exhibit B review of the requirements to insure compliance with the intent of the standards, while accommodating the superior design of the proposed project and its successful mitigation of noise impacts. The Architectural Review Commission shall be responsible for evaluating the project for compliance with the following project imperative: 1) The project meets the open space requirements of the High-Density Residential zone by providing "common outdoor areas and very compact private outdoor spaces," except where outdoor use areas would expose residents to excessive noise levels and where the design of noise attenuation measures (such as stand-alone sound walls) would be inconsistent with the City's Community Design Guidelines._ Decks that are 3 feet in depth or less shall be considered architectural features instead of usable open space areas and shall not be subject to noise attenuation requirements. Attachment 5 Resolution.No. (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE TRACT MAP FOR THE TUMBLING WATERS PROJECT AND ALLOCATING UP TO $4009000 OF AFFORDABLE_ HOUSING FUNDS TO THE PROJECT'S AFFORDABLE HOUSING PROGRAM TR 151-03(861 and 953 Orcutt Road,Tract 2707) WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November 15, 2005,. for the purpose of considering Planning Application TR 151-03, a vesting tentative tract map providing for the development of 178 new homes; and WHEREAS, said. public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the proposed development plan, including modified property development standards; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on December 3; 2003, July 28, 2004, May 25, 2005 and October 12, 2005 for the varied purposes of directing the scope of the environmental review for the project, reviewing revised plans and making recommendations to staff and the applicant, and considering a final recommendation to the City Council on the project; and WHEREAS, the City Council has reviewed and considered the Final EIR and has determined that the environmental document represents the independent analysis of the City and adequately addresses the.potentially significant environmental impacts of the proposed project; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations of the Planning . Commission and staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Subdivision.Fin_dines_. The following findings are hereby made in support of the proposed subdivision. 1. The proposed map is consistent with the General Plan because the project helps meet the City's goal of maintaining a compact urban form (LUE Goal 31). c;2--74;L Attachment 5 Council Resolution No. (2005 Series) Page 2 861 and 953 Orcutt Road, TR 151-03 (Tract 2707) 2. The design of the proposed subdivision is consistent with the General Plan because it will provide for variety in the location, type, size, tenure and style of housing in the City (HE Goal 5.1). 3. The site is physically suited for the proposed type of development because it is an under- developed site adjacent to existing street rights-of-way with complete City services. 4.. As conditioned, the site is physically suitable for the,proposed density of development because the site is within an existing City block, services are available to serve the development, and utilities have been designed to serve the site per City standards.. 5. The design of the subdivision is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because all biological impacts of the project have been evaluated in the Final EIR for the project and mitigation measures will insure that impacts will be less than significant. 6. The design of the subdivision is not likely to cause serious public health problems because environmental impacts, such as noise, are mitigated by design and buildings in the subdivision will be designed to meet strict building and safety codes. 7. The design of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because the project design has been reviewed to insure compatibility with the limitations established by existing easements for utilities. Section 2. Subdivision. The vesting tentative tract map for Tract 2707 is hereby approved, subject to the following conditions of approval_. Public Improvements,Dedications,and Utilities 1. The public improvement plans for Tract 2707 and Tract 2785 shall consider the proposed or required phasing to complete the combined development known as Four Creeks. The: public improvement plans for each subdivision shall include any offsite improvements as necessary to provide a reasonable transition between these two:subdivisions 'in the case that one project is developed before the other. The scope of required improvements shall be approved to the satisfaction of the Public. Works Director. A reimbursement agreement may be processed for any off-site improvements required to be constructed by a development where not previously required or proposed. 2. Public improvement plans shall be submitted to the Public Works Department for review and approval. The plans shall be approved prior to building permit issuance. Public improvement plans and specifications shall comply with the City Engineering Standards and Standard Specifications in effect at the time of submittal of the improvement plans. The latest versions ace dated January 2005. ?. -73 Attachment 5 Council Resolution No. (2005 Series) Page 3 861 and 953 Orcutt Road, TR 151-03 (Tract 2707) 3. Complete street improvements include but are not limited curbs, gutters, sidewalks, ramps, full width street pavement,bus tum-outs and appurtenances, bridges, signage, striping, barricades, utility extensions, and street lights. 4. A public improvement plan, prepared by a_ registered civil engineer, shall be submitted to the Public Works Director for review and approval. All grades; layout, staking and cut- sheets necessary for the construction of street paving and frontage improvements shall be the responsibility of the developer. 5. An encroachment permit is required for any work within the public right-of-way or within a public easement. 6. Any existing structures, private water supply, or private waste disposal system-shall be abandoned to the satisfaction of the Public Works Director, Building Official, and County Health Department. Existing improvements may remain if specifically approved, are not considered to be a nuisance or health hazard and are shown to not be affected by the proposed location of property lines and/or improvements. 7. The public improvement plans and subsequent development plans shall recognize that the Historic McMillan residence previously existed at the address known as 861 Orcutt. The codes in effect at the time the residence was moved and accessory structures were demolished would not have required the removal of any septic tank and leach field serving the property. 8. Any easements including but not limited to provisions for all public and private utilities, access, drainage,common driveways, and maintenance of the same shall be shown on the final map or recorded separately prior to map recordation if applicable. 9. Additional public right-of-way or public pedestrian easements may be necessary to accommodate improvements required for Americans with Disabilities Act (ADA) compliance, to the satisfaction of the Public Works Director. 10. The extinguishment or quitclaim of any existing easements shall be clearly identified on the final map or shall be completed separately prior to map recordation if applicable. 11. Access rights along Orcutt Road; except at approved driveway locations shown on the tentative map, shall be dedicated to the City. 12. The subdivider shall dedicate a 4.6m wide public utility easement and a 3m wide street tree easement across the frontage of each lot: Said easements shall be adjacent to and contiguous with all public right-of-way lines bordering each lot. 13. The subdivider shall dedicate the additional right-of--way necessary to accommodate a bus turn-out, shelter and appurtenances proposed and conditioned for the adjoining Tract A;tachl-nent 5 Council Resolution No. (2005 Series) Page 4 861 and 953 Orcutt Road,TR 151-03 (Tract 2707) 2785. A separate construction easement, slope bank, and/or grading easement may be necessary to facilitate construction of the bus stop improvements. 14. The public improvement plans shall clearly show and label all existing and proposed public and private utilities. Private utilities shall be installed in accordance with the Engineering Standards and adopted codes and ordinances and shall be maintained by the Homeowners Association (HOA). 15. Alternate paving materials shall be approved to the satisfaction of the Public Works Department, Utilities Department, 'and Community Development Department where proposed within the public street.. A.separate temporary encroachment agreement and/or maintenance agreement may be required to clarify that the HOA will be responsible for pavement maintenance and upgrades where occurring within the Sacramento Drive right- of-way. 16. The extent of alternate paving shown on the public improvement plans and subsequent development plans shall be approved by the city's Traffic Engineer. 17. Complete details shall be included with the public improvement plans for the pedestrian bridge connecting Tracts 2707 and 2785. A private pedestrian easement shall be recorded with each map to recognize this link between developments. 18. Street trees shall be planted along all public and private street frontages per city standards. The number; location, species, and planting details shall be approved by the City Arborist in conjunction with the public improvement plans and/or development plans.. The planting of street trees may be deferred until development for all or a portion of the development.to the satisfaction of the Public Works Director. 19. Final grades and alignments of all public and/or private water, sewer and storm drains shall be approved to the satisfaction of-the Public Works Director and Utilities Engineer. The final location, configuration, and sizing of service laterals and meters shall be approved in conjunction with the review of the public improvement plans. 20. The subdivider shall install street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires per City standards. Off-site street lighting improvements, alterations, or upgrades may be required along roadways leading to and from the proposed development to complete the necessary public improvements. 21. Street lighting shall be provided along the private streets or paths in accordance with the approved development and/or ARC plans. Any private street or pathway lighting shall be maintained by the HOA. 22. Separate utilities, including water, sewer, gas,electricity, telephone, and cable TV shall be served to each lot to the satisfaction of the Public Works Director and serving utility companies. A-tachment 5 Council Resolution No. (2005 Series) Page 5 861 and 953 Orcutt Road,TR 151-03 (Tract 2707) 23. The subdivider shall place underground, all existing overhead utilities along the public street frontage(s),to the satisfaction of the Public Works Director and utility companies. 24. The applicant shall work with the Public Works, Fire and Community Development Departments when f nalizing on-site drive aisle widths to provide unifornity and minimize paved surfaces where possible. 25. No garage doors shall be located within 20 feet.of the back of sidewalk with direct access to public street. 26. The applicant shall be responsible for providing a physical connection on Sacramento Drive between the existing sidewalk and the project's proposed detached sidewalk. Grading and Drainage 1 All bridging, culverting and modifications to the existing creek channels must be in compliance with city standards and policies, the Waterways Management Plan and be approved by the Public Works Director, Army Corp of Engineers, the Regional Water Quality Control Board, and.Fish & Game. 2. Any necessary clearing of existing creek and drainage channels, including tree pruning or removals, and any necessary erosion repairs shall be approved to the satisfaction of the Public Works Director, the City's Natural Resources Manager, the Department of Fish and Game, the Regional Water Quality Control Board, and the Army Corp of Engineers if applicable. 3. General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of one or more acre. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form,with the appropriate fee, to the State Water Resources Control Board. 4. A copy of the Stormwater Pollution Prevention Plan required.by the SWRCB shall be included in the public improvement plan set for reference. The public improvement plans shall include reference to the WDID number: 5. This development is subject to the city's Waterways Management Plan and Drainage Design Manual. Development shall also be shown to comply with the Flood Damage Prevention Regulations. The public improvement plan submittal shall include a complete drainage study. 6. Post-development stormwater runoff shall be shown to comply with Engineering Standard 101O.B. For purposes of this section, private streets and private parking areas .shall be considered as impervious development. —7� 1 Attachment 5 Council Resolution No. (2005 Series) Page 6 861 and 953 Orcutt.Road, TR 151-03 (Tract 2707) 7. Detention basins have been proposed or are required for this subdivision. As such, a vector control plan shall be submitted and approved to the satisfaction of the city in conjunction with the public improvement plans. The HOA shall be responsible for any . detention basin maintenance and/or nuisance abatement created by the maintenance of said basins. Mapping Requirements 1. The subdivider shall submit a final map to the city for review, approval, and recordation. The map shall be prepared by, or under the supervision of a registered civil engineer or licensed land surveyor in accordance with the Professional Land Surveyors Act, the Subdivision Map Act and the-Subdivision City's Regulations. 2. The map shall be tied to at least two points of the City's horizontal control network, California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import into the Geographic Information System (GIS) database. Submit this data either via email, CD or a 3-1/2" floppy disc containing the appropriate data for use with AutoCAD, version 2000 or earlier (model space in real world coordinates, NAD 83 - m). If you have any questions regarding format, please call prior to submitting electronic data. 3. The final map shall use the International System of Units (metric. system). The English System of Units may be used on the final map where necessary(e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 4. Electronic files and stamped and.signed drawings shall be submitted for all public improvement plans prior to:map recordation or commencing with improvements, whichever occurs first. Submittal documents shall include the AutoCAD compatible drawing files and any associated plot files along with one original, stamped and signed, ink on mylar set of plans. 5. Prior to acceptance by the City of public improvements, the developer's engineer shall submit a digital version of all publicimprovement plans and record drawings,compatible with AutoCAD for Geographic Information System(GIS)purposes, in accordance with the City's Engineering Standards,to the satisfaction of the Public Works Director. 6. The map shall be recorded prior to the occupancy or final inspection approval of any of the units. Otherwise, the map shall be processed as a condo conversion per Municipal Code Chapter 17.82. x "_ 77 Aaachment 5 Council Resolution No. (2005 Series) Page 7 861 and 953 Orcutt Road, TR 151-03 (Tract 2707) Utilities Conditions and Code Requirements 1. The water main that loops through the project between the main in Orcutt Road and the main in Broad Street appears to serve both the domestic and the fire sprinkler uses.within the project. The Fire Department will determine which buildings will have a common fire sprinkler system (serving more than one unit) and which will serve individual units. Each fire lateral must have a USC approved backflow prevention device. Often, planned developments such as this have a separate dedicated private fire main that.runs through the site serving.fire sprinklers and fire hydrants, which would require only two backflow devices (one at each end). The engineer will need to determine which approach is best suited for the proposed development. 2. The sewer system shall be clearly labeled as private on the plans. Since the City owns and operates the water system up to, and including, the water meter, much of the onsite water system will be required to be public. The amount of public water system outside of the public right-of-way shall be minimized to the extent possible. Water meters shall be manifolded in groups of two to six meters. As many as four 1" meters or six 3/4" meters can be placed on each 2" water service manifold. 3. All public water and sewer facilities shall be located within easements or property deeded to the City. 4. A water allocation is required, due to the additional demand on the City's water supplies. The City currently has water to allocate, and does so on a"first-come, first=served" basis. Water is allocated at the time building permits are issued and the Water Impact Fee is paid. Both the Water and the Wastewater Impact Fees are charged on a per unit basis for the residential portion of the project and based on the size of the water meter(s) serving the non-residential portions. 5. If any well exists that has not been properly destroyed in accordance with the standards. of the County Department of Environmental Health, additional requirements will apply. 6. The owner's engineer shall submit water demand and wastewater generation calculations so that the City can make a determination as to the. adequacy of the supporting infrastructure. If it is discovered that an offsite deficiency exists, the owner will be required to mitigate the deficiency as a part of the overall project. 7. The project is tributary to the Tank Farm/Rockview Lift Station system, which is very near maximum capacity and is scheduled for replacement. The City is pursuing a regional project to construct a large sewage lift station on Tank Farm Road to replace the existing lift stations and provide the needed capacity for build-out of the Airport, Margarita, and Orcutt Specific Plan Areas. This sewer project is scheduled to be complete by Spring of 2007. Currently, there is approximately 108 gpm of available capacity in the lift station system. City crews are pursuing a minor upgrade that will provide an additional 110 gpm of capacity. There are several developments proposed for c ! O Attachment 5 Council Resolution No. (2005 Series) Page 8 861 and 953 Orcutt Road, TR 151-03 (Tract 2707) the area served by this lift station system. Available capacity will be assigned to a particular development at the time building permits are issued on a "first come, first served" basis. If available capacity is gone before the regional lift station project is complete,building permits may be delayed. 8. Each fire service lateral shall include a USC approved backflow preventer appropriate for the proposed use. The backflow preventer shall be located as close to the public water main as possible, in direct alignment with the backflow device. The backflow preventer can be located no further than 25 feet from the right-of-way line without prior written approval of the Utilities.Engineer. If the fire service supports one or more fire hydrants, the USC approved backflow preventer(s) shall also include detector capabilities (double detector check assembly). The FDC may be located behind the backflow prevention assembly, in accordance with manufacturer's recommendations. The location and orientation of the FDC shall be approved by the Fire Department. 9. By ordinance, the applicant is required to prepare a recycling plan for approval by the City to address the recycling of construction waste for projects valued at over $50,000 or demolition of structures over 1000 square feet. The recycling plan shall be submitted to the Building Department with the building plans. The City's Solid Waste Coordinator can provide some guidance in the preparation of an appropriate recycling plan. 10. The redevelopment of the site triggers the Utilities Department Sewer Lateral Abandonment Policy. This policy states that any existing sewer lateral stubbed to the property must be abandoned at the main as part of the overall project, unless the lateral is intended for reuse and it passes a video inspection. If any existing sewer lateral is intended for reuse, the owner shall submit a VHS videotape documenting the internal condition of the pipe to the Utilities Department for approval. 11. The irrigation systems for common areas, parks, detention basins, and other large landscape areas shall be designed and constructed.in accordance with the standards for reclaimed water use. If reclaimed water is not yet available, the system shall be designed and constructed to reclaimed water standards, and temporarily connected to the City's potable water system in the area of the anticipated connection to the reclaimed water system. Appropriate backflow protection shall be installed with this connection to the satisfaction of the County Cross Connection Inspector, Henry Ruiz, who can be reached at.781-5567. 12. Existing high speed data infrastructure located within the Sacramento Drive right-of-way shall be relocated to the edge of the right-of-way with construction of the improvements required for Sacramento Drive, to the approval of the City's Public Works Director, Section 3. Affordable HousingFund.und. The City Council does hereby approve allocation of Affordable Housing Funds in an amount not to exceed $400,000, based on the following findings. 02 .-.7 - ' Attachment 5 Council Resolution.No. (2005 Series) Page 9 861 and 953 Orcutt Road, TR 151-03 (Tract 2707) 1. Eligibility. Use of the Affordable Housing Fund will increase or improve affordable housing inventory and promote General Plan policies regarding housing and related community goals because the project will increase the City's affordable housing inventory by 10 moderate-income units and promote General Plan policies, among them: "Assist with the issuance of bonds, tax credit financing, loan underwriting, or other financial tools to help develop or preserve affordable units through various programs, including, but not limited to: (1) below-market financing and (2) subsidized mortgages for very-low, low- and moderate income persons and first-time home buyers, and (3) self- help or"sweat equity" homeowner housing." (Housing Element Program 2.3.9) 2. Need. There exists a substantial or overarching need for the type of housing to be assisted because with a median home sales price of well over $600,000 and an affordability index of 10% (the percentage of households in the City based on income who can afford to purchase a median-priced home), the need for more affordable housing in San Luis Obispo is unquestioned. 3. Suitability. The project to be assisted is appropriate for its location, both in terms of land use and design because the site is appropriate for a higher density residential project; in fact, the City initiated the General Plan Amendment to enable development of such a project. Since adoption of the Housing Element, Tumbling Waters is the best examples of"affordable-by-design." The project embodies the concept of higher density, compact development on an infill site. 4. Timing. The project would better serve the City's needs if it were built immediately as opposed to later because the need is urgent — affordable housing opportunities should be taken advantage of quickly. Construction is scheduled to begin in summer, 2006. Also, it is important to secure the BEGIN :grant.by the end of 2005 to ensure availability of funding, 5. Financial Effectiveness. AHF funding "leverages" significant.additional funding from other sources. The AHF funds provide significant leverage with State and private funding sources. This financing package is a great example of the City's funding sources in action _ Proposition 46 funding and developer contribution, supplemented by the City's AHF, filling the gap in financing and allowing provision of 10 additional affordable housing units. The developer is contributing one dollar for every three dollars the City dedicates to the financing of these additional 10 units. This is a critical component of the package to close the financing gap. Furthermore, the developer is contributing to affordable housing in another way—by locking in the sales price about one year ago. The median sales price in San Luis Obispo has increased approximately 25% over the last year. 6. Readiness. The project has all necessary City approvals and is ready to proceed. Upon receiving land use approval from the Council, Tumbling Waters will have received its �U Attachment 5 Council Resolution No. (2005 Series). Page 10 861 and 953 Orcutt Road, TR 151-03 (Tract 2707) discretionary land use entitlements. By including the regulatory relief measures, the project becomes approved for BEGIN grant funds. On motion of , seconded by , and,on the following toll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this day of 2005. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM- Jonath,k6WWell, City Attorney - Workforce Housing Coalition RECEIVED San Luis Obispo County NUV 15 2005 P.O. Box 293, San Luis Obispo,_CA 93406 SL9 CITY CLERK (805) 5462850 www.slowhc.orQ RED FILE - MEETING AGENDA October 27, 2005 DATE-6.5,--s ITEM #_W� 1wr ca p steering Committee: &'Na-Z% tteee: San Luis Obispo Mayor Dave Romero and City Council Marguerite Bader 990 Palm St FEIACA0 UNCIL CDD DIR Jerry Bunin O 9-FIN DIR Roxanne Carr San Luis Obispo, Ca. 93401 aFIRECHIM D.Gregg Doyle TORNEY aPW:bIRLeslie Halls ette 'Me Dear Mayor Dave Romero and City Council members: ERwoRI� c�oucEcHAnn Wood PT HEADS M-REG bIRPatricia MacCasland ;bun P Q UTIL DIR Jerry Vale �°°" The Workforce Housing Coalition recently reviewed th Q� � C�t'HR DIR` Vallerie Steenson Patricia Wilmore the Tumbling Waters residential project and unanimously agreed to supporters: support the proposal as long as it contains both the two required -AtascaderoAssociationof affordable units and the 10 moderately priced units that the builder has Realtors -Avila Valley Advisory offered to dedicate to long-term affordability. Council -EconomiNational tality We compliment the city and builder for cooperating on a project that -F.conomicVitaliry `T p g Corporation of San Luis brings many needed affordable units to the San Luis Obispo market. We -Fn Bank of.San Luis Obispo encourage the city to support and fast-track more projects like Tumbling -Habitat for Humanity for San Waters that promote workforce housing, offer a variety of housing typses Luis Obispo County -HomeBuildersAssociationof and sizes, and use affordability by design. City support of zoning the Housing Authority than es,.innovative designs, long-term affordability and mixed uses is -Housing Authority of the City g g g `1 of San Luis Obispo critical to the region. We were particularly impressed with how the city -League Women Voters of O San Luis Obispo County and builder re-examined the project to find an environmentally superior -Living in Aerica design that actually increased the residential building area. -Mid State Bank&Trust -Paso Robles Association of Realtors The Workforce Housing Coalition of San Luis Obispo County.uses -Peoples'Self-Help Housing Corporation research, public education, and advocacy to encourage the creation and -Pismo coast Association of Realtorsretention of more housing units for households earning less than 160% -Sanl.uisObispoAssociation of the county median income to buy or rent. We support residential of Realtors San Lu" Obispo Chamber of projects that build communities and use land effectively. Commerce -San Luis Obispo County Builders Exchange If we can be of any further assistance, please feel free to contact us. -San Luis Obispo County Farm Bureau -San Luis Obispo County Sincerely yours, Housing Trust Fund -'Me Mortgage House,Inc. -Wells Fargo Marguerite Bader Jerry Bunin -Women's Community Center of San Luis Obispo County Co-chairs of the Workforce Housing Coalition -Workforce Investment Board Support for the Workforce Housing Coalition does not imply support for the positions or activities of member organizations. - Page 1 of 1 Julie O'Connor- Fwd: Tumbling Waters letter From: Audrey Hooper To: Hampian, Ken Date: 11/7/2005 1:39 PM Subject: Fwd:Tumbling Waters letter CC: Codron, Michael; George,Wendy; Lowell,Jonathan P; Mandeville,.John Mr. Bunin knows that we will red file the letter when it comes in on Thursday: >>> Jerry Bunin <jbunin@hbacc.org> 11/07/05 10:22AM >>> Fli Audrey: I've attached the letter from the Workforce Housing Coalition on the Tumbling Waters Project. I'll drop a signed copy by your office Thursday morning. Thanks., Jerry Bunin Government Affairs Director Home Builders Association of the Central Coast www.hbacc.org (805) 546-0418 Ext. 22 (Direct) (805) 459-2807 (Cell) (805) 546-0339 (Fax) jbunin@hbacc.org file://C:\Documents%20and%2OSettings\slouser\Local%20Settings\Temp\GW}OOOO 1:H... 11/15/2005