HomeMy WebLinkAbout05-19-2015 PH2 DiMonteCOUNCIL MEETING: l i iv c j
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LAW GROUP P.C.
May 19, 2015
SENT VIA E -MAIL radunslnore(ii )slocit-N".ort,
and U.S. MAIL RETURN RECEIPT REOUESTED:
ARTICLE NO.: 7014 3490 0000 9657 0618
Phil Dunsmore, Senior Planner, AICP
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
RE: Tract 3063 (Righetti Ranch) and TR3066 (Jones Ranch)
Our File No.: 1607.801
This firm represents Wingate Holdings, LLC ( "Wingate ") and I send this letter on
behalf of Wingate and regarding the above referenced projects being considered for approval
by the City Council this evening. We have received correspondence submitted to the Council
for consideration by the Applicant, Travis Fuentes, making certain proposals highlighted
below.
As a refresher on the specifications of our project, Wingate's diversified housing
development was approved along with Vesting Tentative Tract Map (VTM) 3044 on October
1, 2013. The approved project and VTM was designed, phased and approved as a stand alone
project. The specific physical characteristics and location were taken into consideration in the
design of the project along with phasing and infrastructure improvements and required
connections for future surrounding development which traverse the property that are required
as called for in the OASP. Over fifty percent (50 %) of the project is affordable or special
needs housing.
Mr. Fuentes has requested that the Council consider the following:
"As we are tasked with advancing much of the infrastructure that benefits the
overall Specific Plan, we request the City Council to consider adding language to their
recommendation which states that to the extent any of our Conditions require us to
provide more than our fair share of infrastructure or land dedication, we will be entitled
to fee credits to offset the difference and a Reimbursement Agreement that ensures all
other property owners within the OASP or otherwise benefitting from said
infrastructure will pay their fair share, in that priority. The following is a list of
mitigation measures or conditions from the May 19th Council Agenda Report that are
impacted and would need to be modified as a result of adopting our
Phil Dunsmore, Senior Planner, AICP
City of San Luis Obispo
May 19, 2015
Page 2
reimbursement /financing plan request. (IS- MND:T1a,T3,T6, Righetti:
5,18,25,28,32,60,67,111 Jones: 15,24)"
Please be advised that Wingate strenuously obiects to any request or initiative being
approved by the City which would directly or indirectly require, imply or otherwise subject
Wingate's project to Mr. Fuentes request. VTM 3044 is a stand alone affordable project and
does not benefit from nor rely upon Mr. Fuente's project for access and egress, utilities,
detention, open -space and parkland requirements, etc. Each property within the OASP is
responsible for their own on -site improvement requirements. Obviously, each property due to
its physical characteristics (slopes, wetlands, size, etc), location, project design, phasing, etc.
has different development costs, requirements and improvements that require consideration in
development of the project pro forma development plan and phasing.
Wingate has nothing to do with Mr. Fuente's project costs and development plan and
Wingate's approved affordable housing development should not be considered as a means to
offset costs associated with Mr. Fuentes project that are inherent to the land, specific plan
requirements, proposed project design and phasing or conditions of approval for his
development proposal. Any direct or indirect approval of Mr. Fuente's request to pass the
Ambient Communities development costs onto the approved Wingate project (roil -Amg
providing the slightest suggested legal argument on their behalf to do as such) would present a
situation detrimental to the feasibility of Wingate's approved affordable housing development.
Wingate would request that the following questions be answered to related to Mr.
Fuentes's request:
1. How does Mr. Fuente propose to encumber Wingate's approved VTM 3044
and associated project approvals?
2. Specifically, what infrastrture and land dedication from Mr. Fuente's project is
Wingate's stand alone affordable project benefitting from?
3. Can the City of SLO modify EIR Mitigation Measures at the request of an
applicant?
In closing, Wingate's team recognizes the development costs associated with the
Righetti land given its vast area, location, terrain, biological impacts and the upfront
development costs associated with getting to the first lots. However an approved, affordable
housing project is not source of revenue maximization for his development nor should an
affordable housing project be made a "vehicle" to fund improvements for Mr. Fuentes's
project largely or exclusively benefiting the subject parcels Mr. Fuentes purchased.
1 Mr. Fuente's statement that the purchase was phased over 5 years obviously to reduce upfront capitalization of
development costs is also note.
Phil Dunsmore, Senior Planner, AICP
City of San Luis Obispo
May 19, 2015
Page 3
On the positive side, once development occurs, Mr. Fuente's development will reap
the benefits of some of the finest premium view lots comparable to the type of highly coveted
hillside lots SLO has not seen developed in decades. Conventional developer wisdom tells us
that hillside development is significantly more costly upfront, but those larger upfront costs
typically are rewarded by greater returns brought by location and view premiums.
Thank you.
Very truly yours,
ADLI LAW ROUP, P.C.
Anthony A. DiMonte, Esq.
AAD:cw
cc: Erik Grunigen (erJk.g-runig-eLi@gemaiI.com
Terry Orton (torton ortonen r.com)