HomeMy WebLinkAbout04/17/2007, CLR #1 - SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (SLOCOG) MEETING OF APRIL 4, 2006 RECEIVED
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April 10, 2007 ACAO � FIN DIR
ATTORNEY 'FIRE CHIEF
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To: Council Colleagues .�,. — ,� REC DIR
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From: Dave Romero, Mayo wR DIR
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Subject: San Luis Obispo Council of Governments(SLOCOG) Meeting of 'P dA-0
April 4,2006 G� GLS
The San Luis Obispo Council of Governments met on April 4, 2007. The following items are of
interest to the City of San Luis Obispo.
The District Director of CalTrans reported that the repaving of Highway 46 between Cambria
and Paso Robles will be conducted using rubberized asphalt.
The Executive Director reported that the California Transportation Commission is planning to
meet in San Luis Obispo on April 25t' and 26`b. I, as Mayor of the host city, and SLOCOG
President, James Patterson, will be making presentations to the commission. We will be
discussing the merits of additional funding for operational improvements to 101 in South County
and for an allocation to widen the Highway 101 Bridge over the Santa Maria River,just north of
the City of Santa Maria.
Staff reported that the unmet needs for transit services in San Luis Obispo found that expanded
weekend service and expanded evening service were unmet needs. However, since San Luis
Obispo uses its entire TDA allocation for the transit system, the City is not mandated to meet
these increased services. The City will attempt to gain additional funding from discretionary
funds to introduce a trial for expanded evening service on selected routes. The City also agreed
to attempt to modify Rte. 4 in such a manner that it will better serve the residents off Prefumo
Canyon Road.
The Council of Governments agreed with the staff recommendation that lobbying continue
toward allocation of Prop 1B bond measure funds so as not to preclude counties that have not
adopted a highway improvement sales tax. Our argument is that SLO County and cities have
adopted development fees to accommodate the local share of costs, thus meeting the intent of the
regulations.
The COG discussed the Regional Traffic Model which will serve to provide consistent analysis
between CalTrans, the County and all the cities, thus allowing a common basis for upgrades to
their circulation studies. Of interest to San Luis Obispo is that the model projects that the City of
San Luis Obispo will continue to attract 43% of jobs in the County in the next 25 years. This
G:\Council Support&Corresp\City Council Correspondence\Romero\Liaison Reports\Liasion Report SLOCOG-
SLORTA.doc
translates into 24,000 jobs. With the City of San Luis Obispo's slow growth housing policies,
there will continually be increases in commuter traffic from all of the nearby communities to
jobs that are created in SLO City.
The COG Board supported staff's recommendation to approve funds to install encodable traffic
signals preemption equipment for all the communities within the County. This will ensure long-
term compatibility for all emergency response vehicles and eliminate the current problem we
have experienced with the ability of private parties to obtain preemption equipment.
The COG reviewed performance indicators which reflect traffic changes over the past five years.
These show that average vehicle occupancy has decreased slightly; that vehicle miles traveled
have increased; that transit usage has increased slightly; that aircraft usage is relatively level; and
that passengers utilizing trains has increased due to improved connections to Southern
California. The key finding is that funding for road and street maintenance has been and
continues to be inadequate to keep up with roadway needs.
The Board agreed that commencing July ls`, a stipend of$100 will be paid to city SLOCOG
representatives per meeting, with an extra$50 paid to city members of the SLOCOG Executive
Committee. This is consistent with practices of a majority of Council of Governments
throughout the state.
COG members received a report that Bike-to-Work Week is May 14"' to 18`s, and all employees
in downtown San Luis Obispo are encouraged to ride their bikes to work during that week.
There will also be a special event at Farmers' Market on May 31S`.
�-Lajoie Planning SeMvi s `� ' a� /J
P.O. Box 12507 San Luis Obispo, CA 93406
Office: (805) 545-7738 Fax: (805) 545-7735 Cell (805) 459-7240
Email: Lauren@LajoiePlanning.com C64(
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(�! RECEIVED
APR l E 2001
April 13, 2007 SLU CIN CLERK
City Council
City Hall
990 Palm
San Luis Obispo, CA 93401
SUBJECT: Affordable Housing Fee Exemptions
Dear City Councilmembers:
would like to speak to your Council April 17w during public comment period to discuss the
process for requesting fee waivers for affordable housing units.
1. Fee waiver requests for affordable housing units are complicated and confusing
• Mrs. Bailey denied fee waiver request for deed-restricted secondary dwelling unit (refer
to Mandeville letter–Exhibit D)
2. Clarify procedure for fee waiver requests
• Confirm Community Development Director can administratively waive permit fees for
low- and very low-income units (based on Resolutions #8415 and #9131 - Exhibit B)
• Suggest City staff prepare standard Affordable Housing Fee Exemption form
3. No municipal code or policy changes required
• Council may wish to clarify incentives are available for affordable housing units in
projects consisting of less than 5 units (Municipal Code 17.90–Exhibit 1).
4. Low-Income/Deed-Restricted SDUs are not the same as "affordable-by-design"
• Fee waivers will not be requested for all SDUs—only deed-restricted units for low- and
very-low income households should be granted fee exemptions
The following exhibits are included:
Exhibit A. Mrs. Bailey's Current Fee Exemption Request (4/9/07)
Exhibit B. Resolution #8415(1995)and #9131(2000)
Exhibit C. 2004 Housing Element (pl18)
Exhibit D. Mandeville Denial Letter(3/13/07)
Exhibit E. Original Fee Waiver& Modification Request Letters (2/21/07 & 3/21/07)
Exhibit F. Driveway Modification Graphic
Exhibit G. Estimate of Permit Fees (1/18/07)
Exhibit H. Public Works Comments (2/25/07)
Exhibit I. Affordable Housing Incentives and Standards received from City staff
(8/29/07)
Please contact us at (805) 545-7738
Sincerely,
Lauren Lajoie Frye
Director of Planning Services
1,-Laioie Planning Services
P.O. Box 12507 San Luis Obispo, CA 934o6
Office: (805) 545-7738 Fax: (805) 545-7735 Cell (805) 459-7240
Email: Lauren@LajoiePlanning.com
�(3l RECEIVED
APR 16 2007
April 13, 2007 SLO CITY CLERK
City Council
City Hall
990 Palm
San Luis Obispo, CA 93401
SUBJECT: Affordable Housing Fee Exemptions
Dear City Councilmembers:
I would like to speak to your Council April 17th during public comment period to discuss the
process for requesting fee waivers for affordable housing units..
1. Fee waiver requests for affordable housing units are complicated and confusing
• Mrs. Bailey denied fee waiver request for deed-restricted secondary dwelling unit (refer
to Mandeville letter–Exhibit D)
2. Clarify procedure for fee waiver requests
• Confirm Community Development Director can administratively waive permit fees for
low- and very low-income units (based on Resolutions#8415 and #9131 - Exhibit B)
• Suggest City staff prepare standard Affordable Housing Fee Exemption form
3. No municipal code or policy changes required
• Council may wish to clarify incentives are available for affordable housing units in
projects consisting of less than 5 units (Municipal Code 17.90– Exhibit 1).
4. Low-Income/Deed-Restricted SDUs are not the same as "affordable-by-design"
• Fee waivers will not be requested for all SDUs—only deed-restricted units for low-and
very-low income households should be granted fee exemptions
The following exhibits are included:
Exhibit A. Mrs. Bailey's Current Fee Exemption Request (4/9/07)
Exhibit B. Resolution #8415(1995) and #9131(2000)
Exhibit C. 2004 Housing Element (p118)
Exhibit D. Mandeville Denial Letter(3/13/07)
Exhibit E. Original Fee Waiver& Modification Request Letters (2/21/07 & 3/21/07)
Exhibit F. Driveway Modification Graphic
Exhibit G. Estimate of Permit Fees (1/18/07)
Exhibit H. Public Works Comments (2/25/07)
Exhibit 1. Affordable Housing Incentives and Standards received from City staff
(8/29/07)
G J
Please contact us at (805) 545-7738
Sincerely,
Lauren Lajoie Frye
Director of Planning Services
Exhibit A.
Mrs. Bailey's Current Fee Exemption
Request (4/9/07)
J J
April 9, 2007
John Mandeville
Community Development Director
919 Palm Street
San Luis Obispo, CA 93401
SUBJECT: Fee Exemption Request (SDU 166-06/BP 07-0057)
Dear Mr. Mandeville:
I am requesting an exemption from development and impact fees for the above-noted
permits.
I am the owner-occupant of the residence located at 2384 Lawton Street, and I am
interested in constructing an affordable secondary dwelling unit. One 450-square foot
studio is proposed to be available to low-income households. The rental price will be
less than $670/month based on the Affordable Housing Standards 2006 for lower
income groups. I agree to maintain the designated dwelling unit as affordable for at
least 30 years.
The City Council adopted Resolution No. 8415 in 1995 indicating low-income housing,
"shall be exempt from all planning, building, engineering and any other similar
development review fees as well as any water meter or sewer installation fees." The
City Council also adopted Resolution No. 9131 in 2000 stating, "City-wide development
impact fees are hereby waived on residential units qualifying as affordable housing." In
addition, the Housing Element 2004 states, "City policies already exempt very-low and
low-income housing from most development review and permit fees (118)."
Please exempt fees associated with the proposed affordable secondary dwelling unit.
These fees include:. $948 Secondary Dwelling Unit application fee, the building permit
and impact fees of approximately $21,166, and the $400.40 encroachment fee.
Please contact me at (805) 544-0130 if you have any questions.
Sincerely,
Lorraine Bailey
Exhibit B.
City Council Resolutions
- #8415(1995)
- #9131 (2000)
RESOLUTION NO. 8415 (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
WAIVING DEVELOPMENTVIEHAND
M INSTALLATION FEES FOR
AFFORDABLE
� � CT
WHEREAS,the City's General Plan policies encourage the production of housing which
meets the needs of very-low, low, and moderate income households; and
WI3EREAS, Program 1.22.15 of the Housing Element provides that the City will amend
its regulations to reduce development review and permit costs for certain affordable housing
ancial feasibility and reduce actual sales costs to affordable
projects in order to increase their fin
levels; and
WHEREAS, the City has established development review fees for Planning, Building
and Safety, and Engineering Services Pursuant to State and local laws; and such fees add to the
cost to develop housing, thereby reducing the economic feasibility of developing affordable
housing; and '
WHEREAS,the Director of Community Development has determined that the proposed
amendment is exempt from the provisions of the California Environmental Quality Act (CEQA)
under Section 15273 of the State CEQA Guidelines as the purpose of the amendment is to
modify charges which are for the purpose of meeting municipal expenses;
NOW THEREFORE BE TT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Fee Exemptions. Residential development projects which meet the City's
affordability standards for very-low and low income households, and for which provisions have
been made to ensure that they will continue to meet affordability standards for the life of the
housing to the satisfaction of the Community Development Director, shall be exempt from ail
planning, building, engineering and any other similar development review fees as well as any
water meter or sewer installation fees. Impact fees for funding capital facility improvements
necessary to serve the project shall not be included in this blanket exemption. Whenever a
market rate housing units, fees shall be pro-
project includes a combination of affordable and
rated appropriately as determined by the Community Development Director.
SECTION 2. Administration. The Director of Community Development shall administer the
affordable housing fee waiver program.
SECTION 3. Notice and Publication. The City Clerk shall publish a summary of the
resolution in a newspaper of local circulation.
SECTION 4. Environmental Determination. The City Council has determined that the
proposed fee waiver program is categorically exempt from the California Environmental Quality
Act and the City's Environmental Guidelines.
R-8415
Council Resolution No. 8415 (1995 Series)
Page 2
On motion of Council Member Smith , Seconded by Council Member Roalmanand on the
following roll call vote:
AYES: Council Members Smith, Roalman and Mayor Settle
NOES: Council Members Romero and Williams
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day of May, 1995.
Mayor Allen Settle
ATTEST: ���//�.
(. V i
D' ladweIl, 'ty Cler
APPROVED:
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3825 South.Mgue.ra-Post office Bole 112-San WIS Obispo, California 93406-o112- (805) 781-7SQo
I
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFF@AM OF PUMICATlOIV
DVI-80ZS5-0-3 4 if
CITY OF SAO °8 w
STATE OF CAUFOPWLk
55.
County of San Uns Obispo I;
I am a citiaen of the United States and a resident of
etre CDiNrty BfDr'eSaKl:.I am over the age Of eighteen D •�
fixe
and not Interested in the above entitled matter; 1 am
now, and at an times embraced In the publication
herein me Umed was, the priadpai Berk of the
punters and putliishers of the;SM LUM OMPO w
r' fees
COUNTY T1r,LEGRm&TRiSUPF, a newspaper ofgmm
l dr on, Pied o and. Published
Sundays,cmepted, at the City of San Luis Obispo in 1
the.above named. unty and state; that notice at
which the agnexed cappings is a hue:Printed GM, -
was published In the aboveilamed newspaper and
not fn a[tit suppiement•thereof - on the 'following ate"
dates;to-wit MAY 13
Mat said ' newspaper was duly and re9uiarly
ash'and estalafnstted a newspaper.of general
ctrarlatlon by Decree:entered in the superior Court
of San Luis Obispo !,--'Sate of. California, on i
,lune 9;-1852, Case#19139 under theprovisions of
Chapter 1, Division 7; Title of the Government Code
of the State of Caltfomia. <
I certify (or declare) under the penalty of perjury that
the foregoing is tare and correct
(Slgnarirre of Principal Clerk)
Qate: MAY.13; 1995
(J.
RESOLUTION NO. 9131 (2000 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
WAIVING CITY-WIDE DEVELOPMENT IMPACT FEES FOR
AFFORDABLE HOUSING UNITS
IN EXCESS OF INCLUSIONARY REQUIREMENTS
WHEREAS,the City's General Plan requires that the costs of public facilities and
services needed for new development shall be borne by new development unless the community
chooses to help pay the costs of a certain development to obtain community-wide benefits; and
WHEREAS, the City has implemented a number of programs to implement this policy,
including the adoption of development impact fees; and
WHEREAS,the City's General Plan encourages the production of affordable housing
for very-low, low and moderate income households; and
WHEREAS,the City has implemented a number of financial assistance programs to help
achieve this goal, including the waiver of development review fees and meter installation fees
and issuance of housing revenue bonds; and
WHEREAS, the City has adopted "inclusionary"housing requirements for-new
development in order to help achieve the City's affordable housing goals; and
WHEREAS, reducing the cost of the public facilities and infrastructure needed to serve
new affordable housing units that exceed the City's inclusionary housing requirements may help
encourage the production of even more affordable units.
NOW,THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that City-wide development impact fees are hereby waived on residential units qualifying
as affordable housing under the criteria set forth in Section 2 of the General Plan Housing
Element that either:
1. Exceed the number required to meet the City's inclusionary housing
requirements.
2. Are built, owned and managed by the San Luis Obispo Housing Authority, other
governmental agencies or not-for-profit housing organizations.
This exclusion only applies to City-wide impact fees; it does not apply to fees,
assessments or special taxes for infrastructure improvements applicable to special benefit areas.
R 9131
Resolution No. 9131 (2000 Series)
Page 2
Upon motion of Council Member Ewan, seconded by Vice Mayor Schwartz,
and on the following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21st da:of November, 2000.
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
Wef &GeJorCityAttomey
Exhibit C.
2004 Housing Element (p118)
.A
city of san Luis oaispo housmG element
designated properties, Cultural Heritage Committee is also required. Average permit
processing time is about six to eight months for planning approvals, plus six months for
building plan check and permit issuance. Mixed-Use developments are allowed by right
in six commercial zones, and are conditionally allowed in the Service-Commercial and
Manufacturing zones. Their processing and permit procedures are similar to multi-family
housing developments.
h) Development fees
Application and permit fees
Local governments levy fees and assessments to cover the cost of processing
development applications and permits, and to cover the cost of services. These fees help
ensure high-quality housing development and the provision of adequate public facilities
and services. Development fees are typically passed through to the consumer in the form
of higher rents or sales prices for new housing. Consequently, City fees increase
development costs and affect housing affordability. One method of evaluating whether
San Luis Obispo's fees are excessive or pose barriers to housing development is to
compare its fees to those in other nearby jurisdictions.
In 2003 the City surveyed development fees for the County's seven cities, and for San
Luis Obispo County. The City also compared fees that the various jurisdictions would
charge for a commercial development and two residential development scenarios: a new
2,000-square-foot house with a 500- square-foot garage, and a 10-lot, single-family
residential subdivision. The survey showed that for most development fees, San Luis
Obispo is significantly higher than the other county jurisdictions. Development fees are
summarized in Table C-8 and compared with other Central Coast jurisdictions, and
development fees for a typical house are shown in Figure C-3.
In most cases, City development fees assume full cost recovery for actual costs to deliver
the planning, building and engineering services. Development review fees are updated
annually, based on changes in the Consumer Price Index. Survey results show that San
Luis Obispo development fees are generally higher than those of other jurisdictions in
San Luis Obispo County. tHowever, the City waives most developmentf._ fees for
affordable housing. City policies alrea y exempt very low- and`low-income housing
om mo evelopment review and permit fees. Housing Element Program 2.3.6 and
2.3.7 call for the City to seek additional funding sources to help offset development-
related City fees for residential projects that include affordability guarantees for very-
low, low- and moderate income households.
118
Exhibit D.
Mandeville Denial Letter (3/13/07)
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Cornmluni;y p?vBloD IBni D2pdr!m�;:1 • ?19 Palm, Street. Sao Luis CbisG0. CA 93110!-32!5
%4arch 13. 2007
Lorraine Bailey
2384 Lawton Street
San Luis Obispo, CA 9340]
Subject: (SDU 166-06) Fee Waiver for Secondary Dwelling Unit at 2384 Lawton
Street
Dear Lorraine:
This is in response to your letters to the City Council dated February 21 and March 21,
2007. In these letters, you request a waiver of permit and impact fees for the secondary
dwelling unit (SDU) you are getting ready to build at 2384 Lawton. Unfortunately, the
City staff cannot approve such a request because there are no provisions in the City
Municipal Code that empower us to do so. Only the City Council can grant the fee
waiver you seek.
While secondary dwellings can provide affordable housing, the Municipal Code only
provides a fee waiver mechanism for affordable housing in development projects
consisting of five or more dwelling units. The City's Affordable Housing Incentives are
contained in the Municipal Code (Chapter 17.90). Your project of one accessory SDU in
conjunction with an existing single-family residence does not qualify. The intent of the
incentives in Chapter 17.90 is to encourage affordable housing in larger residential
projects - multiple family apartments, condominiums, or new neighborhoods. It should
be noted that all developments of five or more units are subject to the Inclusionary
Housing Requirements and must either build affordable housing or pay the in-lieu fees —
waiver of permit fees is only possible when a developer agrees to build more than the
minimum requirements.
A significant component of the affordable housing incentives is the density bonus.
However, since SDUs are an accessory use to the main house and can not be sold
separately, they are not counted as "units" in density calculations. Secondary units do not
have to be used for affordable housing if the property owner does not wish to do so.
Affordable housing takes many forms in addition to the larger projects with incentives
discussed above — SDUs are one such form. SDUs add another type of affordable
housing to the City's mix. SDUs are also "affordable-by-.design" — another foram of
affordable housing the City has programs to encourage. By their very nature, SDUs are
small in size and developed in infill locations in the City. Because they can provide a
The City of San Luis Obispo is committed to include the disabled in all of its ser'✓ICES. proorarrs and activities.
Telecommunications Device for the Deal (805) 781-7410.
limited.tonil of affordable housing, the City has added provisions to the Municipal Code
to enable them.
Obviously, there are still substantial fees that go along with developing a secondary
dwelling unit. In time, the rent saved or rental income derived from a SDU should make
them a worthwhile investment, but the up-front costs are substantial.
I regret that under the existing Municipal Code City staff cannot do more to affect a
situation that is difficult for you; however; there is one other course of action open to you.
The City Council can waive fees for development projects they find have some public
benefit. Your letters have reached the Council. If the Council wishes to act on your
request, one member can raise the issue under the Communications portion of the agenda,
and if a majority concurs, Council will have the staff set the issue for consideration at a
future meeting. Bear in mind that if the Council grants a fee waiver based on a personal
hardship, it likely will receive many similar requests. You also may make your request
in person at a City Council meeting under the part of the agenda for "Public Comment
Period For Items Not On The Agenda." In such case, if a majority of the Council wishes
to consider the matter further, it can direct staff to place the matter on a future agenda for
consideration.
Please call Doug Davidson, Deputy Director, at 781-7177 if you have any additional
questions about the secondary dwelling program.
Sincerely,
hrMandeville, AICP
Community Development Director
cc: City Council
Ken Hampian, City Administrative Officer
Shelly Stanwyck, Assistant City Administrative Officer
Julie O'Connor, Deputy City Clerk
Doug Davidson, Deputy Community Development Director
Exhibit E.
Original Fee Waiver Letters
- Permit and Impact Fee Waiver
Request (2/21/07)
- Fee Waiver & PW Modification
Request (3/21/07)
From:Lorraine To:Lauren �� Date:322/2007 Time:11:37:40 10 Page 2 0`3
March 21, 2007
San Luis Obispo City Council
990 Palm Street
San Luis Obispo, CA 93401
SUBJECT: Waiver of permit fees and modification request
Dear City Council Members:
I am requesting a waiver of permit fees and modifications to public works requirements for
an affordable secondary dwelling unit pursuant to Section 17.90.030 G of the Affordable
Housing Incentives. J sent a letter to the City Council on February 21, 2007, requesting a
waiver of permit and impact fees. Since the time of my last letter, the City has required
additional fees associated with an encroachment permit as well as sionificant public works
requirements.
My name is Lorraine Bailey and I am the owner-occupant of the residence located at 2384
Lawton Street. The proposed affordable unit is consistent with the densities allowed in the
Secondary Dwelling Unit zoning regulations. One 450-square foot studio is proposed to be
available to low income households. The studio will be an affordable rental unit. The rental
price will be less than $670/month based on the Affordable Housing Standards 2006 for
lower income groups.
I am requesting the waiver of all permit, impact, and encroachment fees for my proposed
secondary dwelling unit (application Number 070057). The permit fees are estimated to
total $21,166 and encroachment fees are an additional $400.40 paid $1,090.73 on January
18, 2007, and the balance due is $20.075.41. This request does not include the $948 fee
for the secondary dwelling code consistency determination. In addition, I am requesting
modifications to the Public Works requirement to upgrade my existing improvements to city
standards. On February 23, 2007, Public Works required my existing driveway on Lawton
be upgraded per city standard (Item 14). 1 will upgrade the existing Woodbridge driveway,
which provides access to the proposed secondary dwelling, but it is unreasonable to
request an affordable housing unit incur the additional expense of replacing the existing
driveway serving my home. The City and the State recognize second units as one way of
providing low-income housing. Please consider this request as a precedent for establishing
reasonable requirements to encourage the construction of affordable secondary dwelling
units.
The total fee waiver requested is $21,566.40. 1 agree to maintain the unit as affordable for
at least 30 years. Please contact me at 544-0130 if you have questions.
Sincerely,
cc: Ken Hampian, Peter Brown, John Mandeville
O O
Lorraine Bailey, CCID, CID
Interior Design Consultation and Sales
2384 Lawton Street
San Luis Obispo, CA 93401
Phone (805) 544-0130
Fax (805) 542-9384
Email lbailey0306 D_sbcolobai net
February 21, 2007
San Luis Obispo City Council
990 Palm Street
San Luis Obispo, CA 93401
SUBJECT: Affordable Housing Incentives/Fee Waiver
Waiver of permit and impact fees
Dear City Council Members:
I am requesting a waiver of permit and impact fees for an affordable secondary
dwelling unit pursuant to Section 17.90.030 G of the Affordable Housing Incentives.
My name is Lorraine Bailey and I am the owner-occupant of the residence located at
2384 Lawton Street. The proposed affordable unit is consistent with the densities
allowed in the Secondary Dwelling Unit zoning regulations. One 450-square foot studio
is proposed to be available to low and moderate income households. The studio will
bean affordable rental unit. The rental price will be less than $670/month based on
the Affordable Housing Standards 2006 for lower income groups.
The City and the State recognize second units as one way of providing low-income
housing. I am requesting the waiver of all permit and impact fees for my proposed
secondary dwelling unit (application Number 070057). The permit fees are estimated
to total $21,166. I paid $1,090.73 on January 18,2007, and the balance due is
$20,075.41. This request does not include the $948 fee for the secondary dwelling
code consistency determination.
I agree to maintain the unit as affordable for at least 30 years.
Please contact me at (805) 544-0130 if you have any questions.
Sincerely,
Lorraine Bailey
U
Exhibit F.
Driveway Modification Graphic
Existing Driveway
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Proosed Driveway
Exhibit G.
Estimate of Permit Fees (1/18/07)
city U� Sao I luis OBIS' OO
Building & Safety Division- 92gtl
(F_8b(§-121S- (805) 781-7180 Phone: (805) 781-7180
Project Address 2384 LAWTON
Assessor's Parcel Number 004-842-035 Legal Description CY SLO NORTON ADD BL 4 LT 2,
Project Description DETACHED SECONDARY DWELLING UNIT @ REAR
Permit Type X Building X_Mechanicai x Electrical X Plumbing _ Sign Demolition Grading
Property Owner BAILEY LORRAINE TRE OccupantFBTuiness Name
Mailing Address 2384 LAWTON ST Architect/Engineer
City/State/Zip SLO CA, 93401-5618 License#
Contractor Contractor's Phone No.
Mailing Address Contractor's State Lic. No.
City/State/Zip
Project Manager THOM BRAJKOVICH Project Manager's Phone No. 541-9486
Lender Name Lender Address
C.B.C. Group R-3 U.B.C.Type V-N Fire Sprinklers Stories 0 Codes: CBC01 CEC04
Census number 101 Single family residence Dwelling Units 1 Public: Motel Rooms 0
Valuation
Sincle Family Residence 450 Sq Ft @ S1 07.35 with A/C Fire Sprinklers $48,308.00
Garage or Carport 40 So Ft @ $0.00
Fees Total Building Value $48,308.00
Building Permit 745.05
Plumbing+Electrical+Mechanical Permit 297.96
Grading Permit 0.00
SW.I.P. 4.83
Energy Surcharge 104.30
Accessibility Surcharge 0.00
Demolition Permit 0.00
Sign Permit 0.00
Misc Charge/Credit 0.00 Administrative Permit 0.00
Archival Fee 17.80
Subtotal 1,169.94
fnvestioation Fees 0.00
Building Plan Review Fee 928.28
Fire Safety Plan Review 162.45
Plan Review Subtotal 1,090.73
Development Review Fee 778.35
Fire Safely Surcharge 182.53
Construction Unit Tax 150.00
Water Impact 11,935.00 Area - 11,935.00
Water Meter Installation 158.00
Wastewater impact 2,885.60 Area - 2,885.60
Traffic impact 2,678.00 Area 2,678.00
Affordable Housing 0.00
Public AR 0.00
Code Enforcement 0.00
Park improvement Area 0.00
Waterway Management Fee 137.99
Plan Preparation Fee 0.00
Open Space In-lieu Fee 0.00
Total Fees 21,166.14
Balance Due Payments 20,075.41
Amount Date Receipt Special Conditions:
Payment#1 1.090.73 01/18107 30545
I otal Pa
Total Paid 1,090.73 Comments:
Application Numbe,'070057 Permit Number
Application Date 01118/07 Issuance Date
U
Exhibit H.
Public Works Comments (2/25/07)
L J
i0N DESIGNS PHONE NO. Feb. 27 2007 12:17PM P2
v0 try �}- I I Lulb L)IJlhp()
Building & Satpiy Division•919 R'31n Street•San Luis Obispo, CA 93401-3298• (805)781-7180
ments
in9 elk PUBLIC WORKS Site/Grading
Date Routed 1/18/2007 Property Owner
Application Number 070057 MailingAddress BAILEY L TON S ETRE
.2384 LAWTON ST
Application Date 01/18/07 City/State/Zip SLO CA, 93401-5618
Project Address 2384 LAWTON Contractor's Name
Assessor's Parcel Number004-842-035 Zoning R_1 Phone Number
Fax Number
Project Description DETACHED SECONDARY DWELLING
UNIT @REAR Project Manager THOM BR.4JKOVICH
Phone Number 541-9486
RECD 4 PLANS& PLANNING APPROVAL. ROUTE TO
BLDG, PW SITE GRADING, PLANNING, WATER,
ADDRESS UTILITY ID, RECYCLE& FEES. TS
J ,
id Type Name Date
_17L
Return for re-check
;partrnent Phone Number ( ( J ❑ O.K, for counter recheck
❑Approved
irdepartment wilt conduct a final inspection on this project Yes �_ No
: 27 2007 12:18PM P3
�; J ,�����iiieilllll� i'���►IU
FROM PARAGON DESIGNS PHONE N0. Feb.
C ity of j
fan lues 0131sp0
1'i'LL7C •;�'Uhh'�iuicf S11't> C;t�;l7l;�;`G
February 25,2007
Address: 2384 Lawton
Subject: Detached Secondary Dwelling Unit
Application: #070057 (SDU 166-06)
By: Hal.Hannula, (805)781-7201
s
To speed up the recheck process, note on this list at the left margin where each correction item as
ecificaton, etc. Be sure to enclose the marked up list when you
been addressed in the plans,
submit the revised plans.
Clarify whether any Play' revisions,client changes, or sigrtificant modificationsplan re„ieweprocess.
"made
to these plans other than those plan review items identified through the city p
of the addi
If applicable, include a summary tional changes.
Include a copy of the Planning approval letter(s)
with notes in the left margin indicating where in
uirements
shown or noted.
the plans any mitigation measures,conditions,
ian nformoation shar code ll iacllude the appropri to response.
Administrative items that do n 9 y ,p l when all
These plans are considered incomplete and additional comments gh the plan
may a P
minimum plan information and/or supporting documentation is provided throu
review process.
General Requirements
Departments shall comply
1. Note on the coversheet of�he caay that all
and public Works Dwork located within �P Public right-of-Way'
or within the jurisdiction
with the most currenttandardoare daEngin ering ted J uary 2007.
ards and Standard SpeC1fAcattons.
The current adopted
mitigation measures, conditions of approval and/
cainingo do site,
2. Show or note all planning g
requirements on the lubu lac implicab n I have been shoarify where lwn on the p�ns. Imprint these
grading,uulttl P
items on the plans if required by the Planning Division and where applicable to
construction.
ents
t are pan
3. All mitigation measures,coco s�dereand/or code ec
d part of this ao e
on lis whethe orno
planning approvals shall h
reiterated herein.
1
FROM PARAGON DESIGNS PHONE NO. : 0 Feb. 27 2067 12:18PM P4
Y�
with the
4. Verify the project address and/orbsuite lock.numbers
lude the addressof he Division gbani include
on the site plan and project data
new building for reference. The Public Works database will be updated when all unit
addresses are established.
5. The architect shall stamp and sign all plan sheets prior to permit issuance_
6. Provide a sheet index on the cover sheet of the plans. Include any additional plan sheets
required in response to this plan review correction list or comments from other city
departments. Number and label all plan sheets accordingly.
7. Note on the site plan and/or cover sheet of the plans that"A separate encroachment
permit is required for any work in the public right-of-way. Word req utter, and
encroachment permit includes but is not.iitnited to demolitions,utilities,Q o' gutter,
,
driveway a roaches,sidewalk underdrams, street tree plantino pruning,
sidewalk, dri Y pP
d pedestrian protection or construction staging in theright-
curb ramps, street paving, an
of-way."
8. Note on the plans to"Contact the Public Works inspection hotline at 781-7554 with at
least a 48 hour notice for any required encroachment permit inspections or final
inspections."
9. Note on the plans that"A traffic and pedestrian control plan shall be submitted to the
Public Works Department for review and approval prior to encroachment permit
issuance."
Public Streets &Sidewalks
1.0. Show and label all existing and Proposed frontage irnproveznents located within the
public righents to be shown
t-of-way to scale on the site plan for referendcenVelwaoa a approaches,
cath basins,
utter&sidewalk, Y pP
include but are not limited t r curb, $ poles, overhead and underground utility
curb ramps, fire hydrants, street lights,utility
vaults,water and sewer services, utility
services,utility vaults,wat
abandonments, street signs, sidewalk underdrains, fences, retaining walls;landscape
er meter vau
improvements, and street trees. New improvements shall include reference to the
applicable Engineering Standards.
an. Show the
11.Note dimension n erline to property line,t17, centerline o face of cur-of-way width on the site l25b, and 8 from
dimenss ion of the
face of curb to property line dimensions for reference.
12. Nole or ditnension the Lawton 60' rigbt-cf-way width on the site plan. Show the 30'
e to property line, 20' centerline to face of curb, and 10' from
dimension of the centerlin
face of curb to property line dimensions for reference.
2
FRPARAGON DESIGNS �J PHONE N0. : Feb. 27 2007 12:19PM P5
OM
13. Revise the site plan to show the property line and frontage improvements in the correct
location and to scale. City records show a 6' integral (attached) sidewalk along
Woodbridge and a 5' detached sidewalk along Lawton.
14.Projects involving the construction of new structures, the addition of dwelling units,or
the substantial remodel of existing structures requires that complete frontage
at existing improvements be upgraded per city standard.
improvements be installed or th
MC 12.16.050
15. Note on the site/civil plans that"Any sections of damaged or displaced curb, gutter &
sidewalk or driveway,approach shall be repaired or replaced to the satisfaction of the
Public Works Director."
16. Any new or existing driveway approach shall be replaced or upgraded to the current city
and ADA standard. The current standard includes a 4' wide ADA disabled access
sidewalk extension behind the driveway ramp. Show compliance with the current
standards or note that the approach shall be altered or replaced per city standard.
17. Show and label the new driveway approach per city standard#2111. (integral sidewalk
along Woodbridge)
18. Show and label the new driveway approach or upgraded approach along Lawton per city
standard#2116. (parkway along Lawton)
19. Show and label the curb ramp per city standard#4440 and Cal Trans Standard Plan RSP
A88A. Show and note any required ramp upgrades in accordance with the project
conditions.
20. Show and note that the existing water meter vault located within the parkway along
Lawton shall be upgraded by adding a concrete collar in accordance with Engineering
Standard#6210.
21. Show or note on the plans that a header board,wall,berm,or 2 foot wide level area shall be
provided between the back of the public sidewalk and planting area/slope bank to prevent
soil from washing onto sidewalk.
22. Concentrated drainage is not allowed across a public sidewalk. Drainage improvements
must be installed that convey the water under the sidewalk and through the curb face in
accordance with Engineering Standard Details#3410,#3415, or#3420.
23. The maximum size of drain pipes through a sidewalk is 3" for a 6" curb and 4" for an 8"
curb. Reference cast iron pipe (CEP)through the city right-of-way per Engjr eering Standard
#3415.
3
FROM PRRAGON DESIGNS PHONE NO. G' Feb. 27 2007 12:19PM P6 '
Site, Utilities, & Parking and Driveway Standards
24. Any existing fencing and/or site improvements may remain within the public right-of-
way where shown at the back of sidewalk. A separate temporary encroachment
agreement shall be recorded on a form provided by the city prior to building permit
issuance if applicable. The applicant shall provide a copy of the deed or current
ownership information and a legal description so that the agreement can be prepared.
25. Show the dimensions and bearings for all property lines on the site and/or horizontal
control plan.
1
.26. Show the location, type, and width of all existing or proposed public and/or private
easements on the site/civil plans for reference. Show all facilities and improvements
existing in the easements if applicable. City records indicate that a storm drain exists
along the easterly property line. Additional comments may apply when the location,
depth, and material of this storm drain is confirmed. Contact this office for additional
input.on this item. See utility grid book K-12 and city plan#3114 for reference.
27. Provide a complete site utility plan. Show all existing and proposed on-site and off-site
utilities. Show the location of all overhead and underground utilities along with the
location of any utility company meters. Show all gxisting and proposed improvements
located within the public right-of-way if applicable.
28. Show and note that the new wire services shall be placed undergs and in accordance with
UBC Section 308.3 as amended locally. Exceptions to uridergrounding of utilities shall
be approved by the Building Official.
29. Show the location, size, and materials of the public water main and sewer main for
reference. Include the pertinent invert elevations and manhole rim elevations of the
sewer main as necessary. Utility grid maps are available through the Building Division,
Utilities,or Public Works Department if necessary.
30. This development/redevelopment project triggers the Utiliries Department Sewer Lateral
Rehabilitation Policy. This policy states that the existing sewer lateral shall be repaired
or replaced to the main prior to final inspection approval for the new construction. The
existing lateral may be approved for reuse to the satisfaction of the Utilities Director. If
the sewer lateral is intended for reuse,the owner shall submit a VHS videotape to the i
Building Division documenting that the existing pipe is in satisfactory condition. Show
and note that the lateral will be replaced per Engineering Standard#6810 or add notes to
the plans regarding the requirement to verify the condition and to repair or replace if
necessary_
31. Include reference to Engineering Standard #6810 for the new sewer lateral if applicable.
4
s
rlOM PARAGON DESIGNS
PHONE NO. : Feb. 27 2007 12:20PM P7
32. Note on the site/utility plan that the existing sewer lateral.shall be field located. Note that
an "S" shall be marked on the top of the curb to indicate the location of the new or
replaced lateral per city Engineering Standard#6810.
33. Show or note the rim elevation of the next upstream sewer manhole. Provide a backwater
valve in accordance with the UPC and the city's Engineering Standards if necessary. A
backwater valve is required if the flood level rim of the lowest plumbing fixture is
located below the rim elevation plus 12 inches of the next upstream manhole cover. if
required,show that the valve will be accessible and that it will not be located within the
public right-of-way.
34. Clarify whether the existing water service will be adequate to the serve the required
residential fire sprinkler system. Rather than providing a second service for the new unit,
'it may be more economical and of future benefit to upgrade the existing service to a city
standard 2" service with a meter manifold per city standards. The new manifold could be
built to accommodate two or more meters to serve the existing house and new house.
35. Include reference to city Engineer Standards#621.0 and 46260 for any new water service
and meter manifold respectively.
36_ Note on the site/iitility plan that the water service piping and water meter shall be sized in
accordance with the approved fire sprinkler plans.
i
37. Show and note all parking and driveway improvements in accordance with the parking
and driveway standards. Show the driveway approach width, driveway width,paving
materials, slopes, and maneuverability into and out of all parking spaces as applicable_
i
38. Provide spot elevations at the back of sidewalk, along the driveway, and at the garage
finish floor to show compliance with the Parking and Driveway Standards for
upsloping/downsloping driveways per the city's parking and driveway standards.
39. The site retaining walls will be reviewed by the Building Division. The Public Works
Department will review the walls for location in relation to public rights-of-way or
easements and for drainage requirements.
40. Show the location,extent and nature of all existing and proposed site retaining walls or wall
and fence combinations. Wall and/or fences shall be approved by the Planning Division for
compliance with the fence height requirements of the zoning regulations.
41. Provide elevations at the top of wall,top of footing, finish grade, and all steps.
42. Include complete details and detail references for any new walls on the plans: Provide
details showing materials and methods of construction,including cross sections. City
standard concrete or block retaining wall details are available from the Building Division.
5
I
FROM : PARAGON DESIGNS 0 PHONE NO. Feb. 27 2007 12:20PM P8
43. Provide a wall design without the encroachment of footings or drainage improvements
across the adjoining property line. Otherwise,provide written approval from the owner(s)
affected by any encroachment. Show the location of the property line on the wall and site
sections for reference. The wall design shall also consider the depth and location of the
storm drain system.
Grading & Drainage
44. Drainage is not adequately addressed. The plan does not indicate whether the property
will be graded to preclude cross-lot drainage, or, appropriate easements and
improvement;provided to carry drainage to an approved point.of disposal.
45. Provide a complete grading and drainage plan for this project. Show the existing and
proposed contours and/or spot elevations to clearly depict the proposed grading and
drainage. Show and label the high point elevation or grade break at the yard areas and
drainage arrows to show historic drainage. Include the FF of the residence/garage,FF of
the new cottage,patio finish surface elevations, finish grade elevations, and yard
drainage.
i
46. Show all existing and proposed drainage courses,pipes and structures, indicate the size,
type and material. Include the top of grate (TG) elevations and invert elevations for all
catch basins and storm drainage piping systems.
47. The grading and drainage plan shall show existing structures and grades located within
15' of the property Iines in accordance with the grading ordinance. The plan shall
consider historic offsite drainage tributary to this property that may need to be conveyed
along with the improved on-site drainage. This development will alter and/or increase
the storm water runoff from this site. The improved drainage shall be directed to the.
street and not across adjoining property lines unless the drainage is conveyed within
recorded easements or existing waterways.
48. Note on the plans that`Erosion control measures shall be implemented and maintained to
the satisfaction of the Building Official and Public Works Director for construction
occurring between October 15 and April 15."
49. Show and/or note all erosion control measures such as straw wattles,filter fences,
detention basins, gravel berms, inlet protection, stabilized construction entrances, etc. on
the site/grading and erosion control plans. Standard erosion control measures and/or
notes applicable to this development shall be included on the plans for implementation
when necessary.
50.Tracking onto the public street shall be minimized. Include a note on the plans that "The
adjoining street shall be cleaned by sweeping to remove dirt, dust, mud, and construction
debris at theend of each working day."
6
PROM PARAGON DESIGNS C PHONE NO. J Feb. 27 2007 12:21PM P9
Tree Regulations
51. Show all existing trees on the property with a trunk diameter of 3" or greater. Show all
off-site trees with tree canopies or roots located within the area of grading or
construction. Note which trees are to remain and which trees are proposed for removal.
Include the diameter and species of all trees. Tree canopies should generally be shown to
scale for reference. Tree removals may require approval by the City Arborist. Contact
the City Arborist at 78]-7023to review any proposal for tree removals and to initiate an
application for a tree removal permit if applicable. Show all existing and proposed street
trees.
52. Municipal Code Chapter 12.24.090 requires the planting of street trees as a condition of
building permits. Add a note to the site plan that "One 15-gallon street tree may be
required for each 35 lineal feet of frontage. Contact the City Arborist at 781-7023 for
specific questions or requirements and to evaluate any existing street trees."
53. Verify to the satisfaction of the City Arborist whether new trees will be required along
either frontage. New trees along the Lawton frontage should be planted in deep root
planters in the parkway.
54. Where tree protection measures are required, add tree protection notes to the site plan,
grading plan, landscape plan, and demolition plan as follows: "Contact the City Arborist
.at 791-7023 to review the proposed tree protection measures prior to commencing with
any demolition,grading, or construction. Any safety pruning or the cutting of substantial
roots shall be approved by the city and completed by a city-approved arborist. Contact
the City Arborist at least 48 hours prior to construction in areas where tree protection and
inspection is required."
7
�J
Exhibit I.
Affordable Housing information received
from City staff (8/29/07)
- Municipal Code (Chapter 17.90):
Affordable Housing Incentives
- Affordable Housing Standards 2006
Chapter 17.90
AFFORDABLE HOUSING INCENTIVES
Sections:
17.90.010 Purpose.
17.90.020 Definitions.
17.90.030 Standard incentives for housing projects.
17.90.040 Standard incentives for conversion of apartments to condominium projects
17.90.050 Alternative or additional incentives.
17.90.060 Relationship to other cit; procedures.
17.90.070 Agreements for affordable housing.
17.90.080 Fees.
17.90.090 Affordability standards.
17.90.100 Occupant screening.
17.90.010 Purpose.
The purpose and intent of this chapter is to encourage housing projects which incorporate
units affordable to very-low; lower, and moderate income households, and qualifying
seniors, and which conform to city development policies and standards,by providing
density bonuses, or other equivalent incentives, as required by California Government
Code Section 65915, et seq. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (pact), 1985)
17.90.020 Definitions.
For the purposes of this chapter,the following words and phrases shall have the meaning
set forth below:
A. "Density"means residential density as defined in Section 17.16.010 of this code.
B. "Density bonus"means a density increase of at least twenty-five percent over the
maximum density otherwise allowable under the zoning regulations.
C. "Director"means the community development director or his authorized
representative.
D. "Lower income households"shall have the meaning set forth in California Health and
Safety Code, Section 50079.5;provided the income of such persons and families shall not
exceed eighty percent of the median income within the county.
E. "Very-low income households"shall have the meaning set forth in California Health
and Safety Code, Section 50105.
F. "Moderate income households" shall include those persons and families whose
incomes exceed eighty percent but are less than or equal to one hundred twenty percent
of the median income within the county.
G. "Affordable" shall mean residential rent costs or sales prices which conform to the
standards issued by the director and updated periodically to reflect state and/or federal
housing cost indices. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985)
17.90.030 Standard incentives for housing projects.
A. This section shall apply only to housing projects consisting of five or more dwelling
units.
B. When a developer agrees to construct at least twenty percent of the units otherwise
allowable under the zoning regulations for persons or families of lower or moderate
O 0
income,the director shall grant the developer, upon the developer's request, a density
bonus equivalent to an increase in density of at least twenty-five percent over the density
otherwise allowed by the zoning regulations; and the developer shall be eligible to
receive at least one of the development incentives described in Section 17.90.050.
C. When a developer agrees to construct at least ten percent of the units otherwise
allowable under the zoning regulations for very-low income households, the director shall
grant the developer, upon the developer's request, a density bonus equivalent to an
increase in density of at least twenty-five percent over the density otherwise allowed by
the zoning regulations;and the developer shall be eligible for at least one of the
development incentives described in Section 17.90.050.
D. When a developer agrees to construct at least fifty percent of the total dwelling units
in a residential project for qualifying senior residents, as defined in Section 51.3 of the
Civil Code, the director shall grant the developer, upon the developer's request, a density
bonus equivalent to an increase in density of at least twenty-five percent over the density
otherwise allowed by the zoning regulations; and the developer shall be eligible to
receive at least one of the incentives described in Section 17.90.050.
E. If a developer agrees to construct housing for two or more of the categories listed in
Section 17.90.030.(B), (C), and (D) above, the developer shall be entitled to a density
bonus of at least twenty-five percent and shall be eligible to receive at least one of the
development incentives described in Section 17.90.050. The city may, upon the
developer's request,negotiate additional incentives in exchange for the increased
provision for affordable housing.
F. The developer may submit a preliminary proposal for the development of affordable
housing prior to the submittal of any formal requests for general plan amendments,
zoning amendments or subdivision map approvals. The city council shall, within ninety
days of receiving a written preliminary proposal,notify the housing developer in writing
of the procedures under which the city will comply with this chapter.
G.Any request for a density bonus or other incentives shall be in writing, and shall
include the following information, as well as any additional information required by the
director:
1. The name of the developer;
2. The location of the proposed project;
3. The density allowed under the zoning regulations, as well as the proposed density;
4. The number and type (bedroom count) of dwellings and identification of those
dwellings which are to be affordable to each household income category;
5. Whether the dwellings will be offered for sale or for rent;
6. The proposed sales price, financing terms,rental rates or other factors which will make
the dwellings affordable to very-low, lower and moderate income households. (Ord. 1282
§ 2, 1995; Ord. 1035 § 1 (part), 1985)
17.90.040 Standard incentives for conversion of apartments to condominium
projects.
A. When an applicant for approval to convert apartments to condominium units agrees to
provide at least thirty-three percent of the units of the proposed condominium project to
households of lower or moderate income, or fifteen percent of the units of the proposed
condominium project to very-low income households, and agrees to pay for the
C 0
reasonable, necessary administrative costs incurred by the city pursuant to this section,
the director shall grant a density bonus equivalent to an increase in the units of twenty-
five percent over the number of apartments, to be provided within the existing structure
or structures proposed for conversion;provided, the director may place such reasonable
conditions on the granting of the density bonus as he finds appropriate including, but not
limited to, conditions which assure continued affordability of units to the targeted income
groups or qualifying seniors.
B. Nothing in this section shall be construed to require the city to approve a proposal to
convert apartments to condominiums.
C. An applicant shall not be eligible for a density bonus under this section if the
apartments proposed for conversion constitute a housing development for which a density
bonus or other incentives were provided under Sections 17.90.030 or 17.90.050.
D. The city shall grant the developer's request for development incentive(s) unless the
city council makes written findings of fact that the additional incentive(s) are not required
to achieve affordable housing objectives as defined in Section 50062.5 of the Health and
Safety Code, or to ensure that rents for the targeted dwelling units will be set and
maintained in conformance with city affordable housing standards. (Ord. 1282 §2, 1995;
Ord. 1035 § 1 (part), 1985)
17.90.050 Alternative or additional incentives.
A. When a developer agrees to construct housing for households of very-low, lower or
moderate income households, or for qualifying senior households, and desires an
incentive other than a density bonus as provided in Section 17.90.030 of this chapter, or
when an applicant for approval to convert apartments to a condominium project agrees to
provide housing for households of very low, lower,or moderate income, or for qualifying
senior households, and desires an incentive other than a density bonus as provided in
Section 17.90.040, the developer or the applicant shall submit a proposal for
consideration by the council.
B. If the proposal is submitted by a developer of a housing project, the proposal shall
include information set forth in Section 17.90.030 (G), as well as a description of the
requested incentive, an estimate of the incentive's financial value in comparison with the
financial of the density bonus allowed in Section 17.90.030, as well as the basis for the
comparison estimate. Alternative incentive proposals may include but are not limited to
one or more of the following:
1. Density bonus in excess of that provided in Section 17.90.030,-
2. Waiver of application and processing fees;
3. Waiver of utility connection or park land in-lieu fees or park land dedication
requirement;
4. City funded installation of off-site improvements which may be required for the
project, such as streets or utility lines;
5. Write-down of land costs;
6. Direct subsidy of construction costs or construction financing costs;
7. Approval of exceptions to subdivision or zoning property development standards, but
only to the extent that such exceptions would be authorized by relevant provisions of this
code;provided, that any proposal for an incentive which requires a direct financial
contribution from the city shall also include provisions for assuring continued availability
V 1
of designated units at affordable rents or sales prices for a period of not less than thirty
years, or as otherwise required by State law.
8. Provide other incentives of equivalent financial value to a density bonus based upon
the land cost per dwelling unit.
C. If the proposal is submitted by an applicant for approval to convert apartments to a
condominium project,the proposal shall include those relevant items set forth in Section
17.90.030 (G), plus the requested incentive, an estimate if the incentive's financial value
in comparison with the financial value of the density bonus as set forth in Section
17.90.040, and the basis for the comparison estimate.Nothing in this section shall be
construed to require the city to provide cash transfer payments or other monetary
compensation. The city may reduce or waive requirements which the city might
otherwise apply as conditions of conversion approval.
D. Nothing in this section shall be construed to require the council to approve any
alternate incentive. The developer or applicant has the standard incentive of a density
bonus under Sections 17.90.030 and 17.90.040 if the council fails to approve an
alternative incentive.
E. The council action on any alternative incentive proposal shall be by resolution.Any
such resolution shall include findings relating to the information required in subpart B or
C of this section.
F. The council shall respond to a proposal within ninety days after submittal of a
complete proposal. The city clerk shall notify the developer or the applicant of the
council's response. Should the council fail to approve a proposal for alternative
incentives within ninety days after submittal of a complete proposal, the proposal shall be
deemed denied, and the city clerk shall so advise the developer or applicant in writing.
(Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985)
17.90.060 Relationship to other city procedures.
A. Projects incorporating affordable housing and receiving density bonuses, incentives,
or alternative incentives as provided in this chapter shall receive high priority processing,
to the extent allowed by law. Operation of Sections 17.90.030 or 17.90.040, or approval
of alternative incentives as provided in Section 17.90.050 shall not be construed as a
waiver of standard development review procedures or an exemption of the project from
city development standards other than those explicitly listed in the approving resolution.
Should a project fail to receive any required city approval, the density bonus or
alternative incentive granted under this chapter shall be null and void.
B. Applications of Sections 17.90.030 and 17.90.040 to projects shall be ministerial acts
for purposes of environmental review. Environmental documents need not be filed solely
for recordation of agreements concerning the density bonus and provision of affordable
housing.Normal environmental review procedures shall apply to the project applications.
C. If the council approves an alternative incentive as provided in Section 17.90.050, such
approval shall be subject to and conditioned upon an environmental determination being
made for the project in the usual manner. The community development department shall
outline for the council any probable, significant environmental effects which would result
from the proposed incentive. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part), 1985)
f�
17.90.070 Agreements for affordable housing.
Prior to the issuance of construction permits for any project incorporating a density bonus
or other incentive as provided in this chapter,the city and the project owner(s) shall enter
into an agreement in a form acceptable to the city attorney, to be recorded in the office of
the county recorder. The agreement shall specify mechanisms or procedures to assure the
continued affordability and availability of the specified number of dwelling units to very-
low, lower, and moderate income households and/or qualifying seniors. The agreement
shall also set forth those items required by Section 17.90.030 (G) of this chapter or any
alternative incentives granted pursuant to Section 17.90.050 of this chapter. The
agreement shall run with the land and shall be binding upon all heirs, successors or
assigns of the project or property owner,and shall ensure affordability fora period of not
less than thirty years, or as otherwise required by State law. (Ord. 1282 § 2, 1995; Ord.
1035 § 1 (part), 1985)
17.90.080 Fees.
A. No fee in addition to normal project application fees shall be charged for a request for
a density bonus pursuant to the provisions of Sections 17.90.030 or 17.90.040, except for
reasonable, necessary administrative costs incurred by the city pursuant to Section
17.90.040.
B.A fee not to exceed the amount charge for"preapplication concept review"may be
charged for proposals submitted pursuant to the provisions of Section 17.90.050. (Ord.
1282 § 2, 1995; Ord. 1035 § I (part), 1985)
17.90.090 Affordability standards.
A. The community development department shall publish and revise as needed a
schedule of rental rates and sales prices for dwellings which will be affordable to
households with incomes as provided in this chapter. The schedule shall substantially
conform with the affordability standards as established by state or federal law.
B. The maximum rental rates and sales prices as revised, generally on an annual basis,
shall remain in effect for projects receiving density bonuses or additional incentives
under this chapter as provided in the affordable housing agreement, but in no case less
than the minimum term required by state law. (Ord. 1282 § 2, 1995; Ord. 1035 § 1 (part),
1985)
17.90.100 Occupant screening.
A. The affordable dwellings developed pursuant to this chapter shall be available to
qualified occupants without regard to race, religion, national origin, sex, occupation or
other affiliation. Occupants may be screened on the basis of age only to qualify those
occupants seeking housing designed for the elderly.
B. The city housing authority shall screen prospective occupants so that dwellings
developed pursuant to this chapter shall be occupied by households with the appropriate
qualifying incomes or ages. Owners of projects shall enter into agreements with the
housing authority for such screening services.
C. Preference in occupant screening shall be given to those employed within or residing
within the city or the immediately surrounding area, to the extent that this provision does
J
not conflict with state or federally funded housing assistance programs which may apply
to a particular project, or other applicable law. This section is to insure that those
households having the greatest difficulty obtaining housing at market rates within the city
shall be able to occupy affordable housing made available pursuant to this chapter. (Ord.
1282 § 2, 1995; Ord. 1035 § 1 (part), 1985).
A !
San WI S OBI SPO
AFFORDABLE HOUSING STANDARDS 2006
(Effective April 1, 2006
Amended by City Council June 20, 2006)
Purpose
These standards apply to all development projects within the City. They set maximum rental costs or
sales prices based on income level and dwelling size and are used by developers, citizens, housing
groups, City staff and commissions; and housing agencies. The Community Development Director
implements the standards. Besides defining the often misunderstood term "affordable housing", the
standards promote the construction of housing which meets residents' needs and help explain the City's
housing requirements. In addition, the City uses these standards to determine if housing projects are
"affordable" and qualify for density bonuses financial assistance or other types-of-incenti-ves. For more
information about these standards, call the City's Community Development Department at (805) 781-
7170. `—f—
The City requires new development projects to provide affordable housing for very-low, low, or
moderate income households by: 1) building affordable housing in conjunction with new residential or
commercial development, or 2) by paying an "in-lieu fee" to support the development of affordable
housing citywide, or-6)'by contributing real property, including land or existing dwellings, to be used
as affordable housing 4) by a combination of these methods. To help offset costs of providing
affordable housing, the City has adopted Affordable Housing Incentives (San Luis Obispo Municipal
Code Ch. 17.90). State and local law allows residential density bonuses and certain other incentives in
return for developers agreeing to construct affordable housing. Additional information on incentives is
available from the Community Development Department.
How the Standards Are Determined
These standards are prepared by the Community Development Department and are updated annually to
show income limits for the City and County of San Luis Obispo as published by the State Department
of Housing and Community Development (HCD). These limits are shown in Table 1. By law, the
upper income limit for "very-low income" households is 50 percent of the median County income; the
upper limit for "lower income" households is 80 percent of the median County income; and the upper
limit for "moderate-income" households is 120 percent of the median County income.
Households with more than eight persons
For all income groups, the income limits for households larger than eight persons are determined as
follows: For each person in excess of eight, add eight percent of the four-person income limit to the
eight-person income limit and round the sum to the nearest $50. For example, the nine-person very-
low income limit is .08 X $31,900 = $2,552; then $2,552 + $42,100 = $44,652; rounded to the nearest
$50 =$44,650.
0 0
2006 Affordable Housing Standards
Page 2
TABLE 1: 2006 ANNUAL INCOME LIMITS ($)
INCOME NUMBER OF PERSONS IN HOUSEHOLD
GROUP
1 2 3 4 5 6 7 8
VERY LOW 22,350 25,500 28,700 31,900 34,450 37,000 39,550 42,100
LOWER 35,750 40,850 45,950 51,050 55,150 59,200 63,300 67,400
MEDIAN 44,700 51,000.: 57;4;00 " 63,800 68,9b0 74,000 79,10 84,200
MODERATE 53,600 61,300 68,900 76,600 82,700 88,900 95,000 101,100
How to Determine Affordable Rents or Sales Prices
To determine affordable rents or sales prices, follow these three steps: 1) find the "income group" in
Table 1, based on the number or persons in the household and gross annual household income; 2)
determine the number of bedrooms in the dwelling to be bought, rented or sold; and 3) Use Table 2 to
find the maximum affordable rent or sales price based on the income group and number of bedrooms.
When the number of persons in the household is not known, the City's affordability standards for both
rent and sales prices assume the following household sizes corresponding to the number of bedrooms
in the dwelling:
• Studio unit: use the income limit for a one-person household.
• One-bedroom unit: use the income limit for a two-person household.
• Two-bedroom unit: use the income limit for a three-person household.
• Three-bedroom unit: use the income limit for a four-person household
• Four-bedroom unit: use the income limit for a five-person household
Affordable Rent Limits
The maximum monthly rents to qualify as affordable housing are listed in Table 2. For example, the
maximum monthly rent cost for a two-bedroom dwelling which is affordable to a lower-income
household can be found in Table 2 by reading across the row labeled "Lower, Maximum Monthly
Rent" and then finding $861 under the column heading "2-Bedroom." Rent limits are based on
formulas set by State law (H&S Code 50053) and are computed as follows:
o
2006 Affordable Housing Standards
Page 3
• For very-low income households: Affordable monthly rents shall not exceed 30% of 50% of the
annual median County household income for the number of persons expected to reside in the unit,
divided by 12, and adjusted for household/unit size.
• For lower-income households: Affordable monthly rents shall not exceed 30% of 60% of annual
median County household income divided by 12, and adjusted for household/unit size.
• For moderate-income households: Affordable monthly rents shall not exceed 30% of 100% of
the annual median County household income divided by 12, and adjusted for household/unit size.
Affordable Sales Prices
The maximum sales prices for affordable housing are based on a formula that accounts for what a
typical very-low income, low-income or moderate-income household can afford to pay for housing,
following established guidelines. Sales price limits are determined by multiplying the annual income
limit of the income group, adjusted for household size, by 3 for very-low and lower income
households, and by 3.5 for moderate income households, rounded to the nearest $25. For example, the
maximum sales price for a 2-bedroom dwelling would be 3 X $45,950 = $137,850 for a three-person,
lower-income household; and 3.5 X $68,900 = $241,150 for a three-person, moderate-income
household.
TABLE 2: 2006 RENT/SALES AFFORDABILITY STANDARDS
INCOME TENURE DWELLING SIZE
GROUP
STUDIO 1-BDRM 2-BDRM 3-BDRM 4-BDRM
VERY LOW MAXIMUM `$560 x$638r $7E18 y $797
:MONTHLY RENT
a
MAXIMUM SALES $67,050 $76,500 $86,100 $95,700 $103,350
PRICE
K k x r
LOWER MAXIMIIM x r r U $957 t
M-O�NTH� . „LY RE $
.a
a.. C
Ja
MAXIMUM SALES $107,250 $122,550 $137,850 $153,150 $165,450
PRICE
y c
MODERATE MaxiNiuiyt $1118 rt z $1275 $1;435 $1595 $1722s
.{c- :.n.«y�4, rc� ...'1P.a ,S,.t:'S...uY.♦. L x 4.'+..
MAXIMUM SALES $187,600 $214,500 $241,150 $268,100 $289,450
PRICE
2006 Affordable Housing Standards
Page 4
Long-term Affordability
Rental housing affordability is maintained through recorded agreements between a property owner and
the City, the Housing Authority of the City of San Luis Obispo, or another housing provider approved
by the City. These agreements shall specify: a) the maximum rents based on the same formula which
established initial rent levels as a condition of City approval, or other formula approved by City; b) the
term for which rental units must remain affordable; and c) terms under which affordability is
maintained after sale or transfer of the property. Affordable dwelling units must remain affordable for
a minimum of 30 years, or as otherwise required by State law.
There are two different approaches to maintaining long-term affordability: 1) the property owner
agrees to maintain the designated dwelling unit as affordable for at least 30 years; or 2) the property
owner agrees to participate in a "shared equity purchase program" as described in the City's
Inclusionary Housing Requirement. The decision on which approach to use is up to the affordable
housing developer. Under the long-term affordability program, the housing must remain affordable
for at least 30 years from the original date of sale or rental. Affordability terms are secured by a
promissory note and deed of trust, recorded on the property prior to or concurrent with the initial
occupancy (for rental units) or sale of the property. The promissory note is based on the monetary
difference between the property's initial purchase price and its initial market value, and is an
"affordability loan" or "silent second" payable to the City. The loan accrues interest at a rate set by the
City. Repayment of the affordability loan is waived as long as affordability requirements are met. For-
sale properties must be owner-occupied, and may be sold or otherwise transferred only to eligible
buyers and at prices deemed affordable under these standards. Upon resale, the City, its Housing
Authority, or a non-profit agency approved by the City, retains the first right of refusal to purchase
affordable properties at their then current appraised value.
Under the equity-sharing program, the buyer of an affordable dwelling enters into an agreement with
the city guaranteeing affordability for at least 6 years after the initial date of sale. Upon resale of the
property, the agreement ensures that the City's equity share returns to the City for use in other
affordable housing developments. The City's equity share is based on the difference between the
property's market value and the actual price paid by the homeowner, divided by the market value; or
the amount of subsidy provided by the city, divided by the property's market value. Affordable units
sold before the sixth year are subject to an additional "Equity Recapture Fee" ranging from 25 to 100
percent of the property's equity. (For more information, refer to the Inclusionary Housing
Requirements, Ch. 17.91 of the San Luis Obispo Municipal Code)
dd/Uhousingprograms2006affordablehousingsrandards Amended by City Council
June 20,2006
y-/?-a-7
April 17, 2007
San Luis Obispo City Council
990 Palm Street
San Luis Obispo, CA 93401
SUBJECT: Waiver of permit fees and public works modification request (SDU 166-06)
Dear City Council Members:
I humbly request action from the City Council. I have two separate requests. The first
involves the waiver of permit fees for low-income housing. The second is a modification
to a public works requirement for the above referenced project.
sent a letter to the City Council on February 21, 2007, requesting a waiver of permit
and impact fees for a low income secondary dwelling unit. On March 21, 2007 1 sent a
second letter requesting a waiver of encroachment permit fees and a modification to a
public works requirement in addition to the initial fee waiver request.
On Saturday March 31, 2007 1 received a letter from the Community Development
Director dated March 13 stating "the City staff cannot approve such a request because
there are no provisions in the City Municipal Code that empower us to do so. Only the
City Council can grant the fee waiver you seek." The letter from Mr. Mandeville did not
mention my request for a modification to a public works requirement.
The City Council adopted Resolution No. 8415 in 1995 indicating low-income housing,
"shall be exempt from all planning, building, engineering and any other similar
development review fees as well as any water meter or sewer installation fees." The
City Council also adopted Resolution No. 9131 in 2000 stating, "City-wide development
impact fees are hereby waived on residential units qualifying as affordable housing." In
addition, the Housing Element 2004 states, "City policies already exempt very-low and
low-income housing from most development review and permit fees." (page 118) On
April 9, 2007 1 wrote a letter to the Community Development Director requesting a fee
waiver based on the resolutions mentioned above. Please direct staff to waive permit
and impact fees for any low-income housing when the property owner agrees to
maintain the designated dwelling unit as affordable for a minimum of 30 years, or
otherwise required by state law.
As stated in my March 21, 2007 letter I am requesting modifications to the Public Works
requirements. On February 23, 2007, 1 received 54 correction items from Public Works
and I am only requesting a modification to a portion of item number 14. 1 am willing to
install and upgrade street frontages per city standard with the exception of my current
driveway on Lawton serving my residence (see attachment). I am upgrading existing
sidewalks, installing street trees, and replacing the existing driveway on Woodbridge
providing access to the proposed secondary dwelling. It is unreasonable to require an
affordable housing unit incur the excessive cost of replacing the existing driveway
serving my home. Please consider my request to modify this portion of Public Works
requirement number 14.
The City and the State recognize second units as one way of providing affordable
housing. Please consider the fee waiver request as a precedent for establishing
reasonable requirements to encourage the construction of low-income units.
Please contact me at (805) 5440130 if you have any questions.
Sincerely,
A-Uo�
Lorraine Bailey
C)
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