HomeMy WebLinkAboutMINUTES - 08171999 - C217 e
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TO: BOARD OF SUPERVISORS � ty
p �tray
FROM: Dennis M. Harry,AICP
Community Development Director
DATE: August 17, 1999
SUBJECT: Dougherty Valley Affordable Housing Program—LVindemere Partners Annual Compliance Report
SPECIFIC REQUEST(S)OR RECOMNIENDATIONS(S)& BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ACCEPT time determination of the Deputy Director,Redevelopment finding Windemere Partners in compliance with the
requirements of the Dougherty galley Affordable Housing Program(DVAHP) and APPROVE the October 1998 Annual
Compliance Report submitted by Windermere Partners pursuant to Section V.F.l of the DVAHP.
FISCALV;PACT
Mone.No General Funds involved.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Dougherty Valley Affordable Housing Program was approved by the Hoard of Supervisors on March 22, 1994. The
purpose of the DVAHP is to provide a structure for implementation.of the affordable housingyequiremnents and policies
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMIitiISTRATOR® , ILII MIM A ON OF BOARD COMMITTEE
APPROVE ®OTHER
i
ACTION GF B6ARD GIS August-17, 1999 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT none ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT:�ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: 3mrn Kennedy 335-1255 ATTESTER A��t st 17 9 1999
cel County Administrator PHIL.BATCHELOR,CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Community Development D C UNT Y ADtI�INISTRAT OR
Windermere Partners E
DEPUTE'
of the.County General Plan and the Dougherty Valley Specific Plan. Under the terms of the DVAHP,a minimum of
2` percent of the total units produced in the Dougherty Valley are required to be affordable to and occupied by very-
low.low and moderate-in-come households. Assuming full build-out,Windemere's obligation under the terms of the
DVAHP consists of 1,293 affordable housing units.
Section.V,F.1 of the DVAHP requires Windemere to submit an Annual Compliance Report on affordable housing
development for review by the Board of Supervisors. The Report must be submitted to the Community Development
Departi-nent for initial review and must include a stimmary of progress made with respect to the provision of
affordable units and a one and three year strategic plan for the provision of the affordable units. The 1998 Annual
Compliance Report for Windemere Partners is included as Attachment A. The Community Development,Department
has reviewed the Report and recommends that Windemere be found in compliance with the requirements of the
DVAHP as of October 1998. A draft letter from the Department to Windemere Partners confirming compliance and
s-animarizing issues to be addressed prior to submission of the 1999 Annual Compliance Report is included as
Attachment B.
KK7r;DJ'-P,W,')RD\I)VAHP 5.doc
Sur,- 7-39 03:17pm From-IENNAE HOWES 9254165948 1-�bt e-UUU4 r-rtia
October 1, 199
Mr. Jim Kennedy
Contra Costa County
Redevelopment Deparanent
651 ,dine Street,4h Floor
Martinez, CA 94553
Subject: Winder sere- Annual Affordable Housing Compliance Report
Dear Ism;
As you are aware, Windemere received approval for its First Phase Tentative Map in
December of 1996. This phase One approval was for 2,249 units of Windemere's 5,170
total unit count. Included in Windemere's Phase One unit count are some 1,.260 units of
multi-family housing, all located west of Bollinger Canyon adjacent to Alamo Creel.
This location is due to the physical characteristics of the topography of Dougherty
Valley. The majority of the flat land in the Dougherty Valley that is most receptive to
high-density housing is on the western edge of Windemere.
Due to conditions placed on the phase one approval by County Staff, The Regional Fater
Quality Control Board and U.S. Fish and Wildlife,the Phase One unit count has been
reduced from 2,249 units to less than 2,200 units. The unit count in the Phase One multi-
family area has been reduced by some 60 units as a result of compliance with the various
conditions of approval. However, ample opportunity still exists for Windema e to have
the ability to comply with the mandates of the Dougherty'Valley Affordable Housing �
Pro,am (DVAhP).
At a Windemere buildout of 5,170 units, the D'VAffP would require that Winde n re
provide some 1,232 units of affordable housing in the following amounts and categories.
very low - 1?9 units; low -323 units; moderate- 840 units. Based on the product rmx in
the Phase One multi-family area, Windemere will be able to comply with the DVAHP.
While the subsequent phases of Windemere have not been submitted to the county for
review, there is again ample opportunity for compliance in the plans for future phases
currently being reviewed internally. As ars exa=mple,there are several small lot products
under consideration in Phases Two through Pour that represent 35% of the remaining
`Mindere units. These sma=ll lot products would seems to provide the opportunity for
DVAHP compliance should Phase One not take care of compliance requirements.
In order that staff might better understand where Windemere will have the opportunity to
comply with.the DVAHP, attached is a table that gives a breakdown of all of the housing
products currently a=nticipated to be constructed at Windemere. Prior to the actual
construction of any housing at Windemere, Windemere will provide staff with a.detailed
report and map showing where the Windemere affordable housing will actually be
constructed.
Jun-07.99 03;€Epps From—LENNAR HOW'S 9254155M €—sbb e-W/U4 r—rad
Should you have any questions or need additional infortnatiou,please do not hesitate to
call.
Sinccly,
Dan Coleman
Cc. Deborah J. Chamberlain
Susan E.M. . Collins
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M 10: 2)Chapman & W son, Inc.
1350 TREAT BLVD.,SUITE 560 REAL ESTATE INVESTMENT&DEVELOPMENT
WALNUT CREEK,CA 94506 UEVE'L t ;r! �0i�` DE �
TEL(510)933-1405
FAX(510)9331404
November 15, 1996
Mr. Jim Kennedy
Contra Costa County
Redevelopment Department
651 fine Street, 4th Floor
Martinez, CA.
RE Windermere Ranch - Affordable Housing Opportunities
Bear Jim:
Please accept our apologies for the delay in returning this status report to you. In-as-much as we
have not yet received approval for our first tentative map, we were under the incorrect
assumption that we did not need to turn in our first affordable housing report. As you know, we
anticipate that next'Tuesday the Board of Supervisors will vote on the tentative map for the first
phase of the Windemere project, which would comprise some 2,249 units.
Due to the overall design of the Dougherty Malley, the bulk ofthe multi-family(potentially
affordable) units proposed for Windermere are physically included in the first phase. Assuming a
f=all buildout of the 5,170 unit Windemere project, Windemere should provide for a total of 1,29.2
affordable units, in the following amounts: 129 Very Low; 323 Low; and 840 Moderate. For the
first phase of 2,249 units, Windemere should provide for a total of 562 affordable units in the
following amounts. 56 Very Low; 140 Low; and 365 Moderate.
Based on the Windemere Phase I product mix, Windemere is actually providing for a surplus of
affordable units in its first phase. The total affordable units provided for in Phase I could equate
to as much as 57% of the total Phase I unit count.
We have not commented on the additional phases for the project as there are currently no pending
applications beyond Phase I and we are uncertain at this time as to the affordable status of future
phases.
Please don't hesitate to call if you have any questions.
49;L.
Daniel M. Coleman
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Community Contra nt Dennisltd, erre pm.e ±
Community Develop,rert Director
Development Costa
Department Count
County,Administration Building :
651 Pine Street
4th Floor, North.Wing DRAFT
Martinez,California 94553-0095 d Nin w
Phone: (925) 335-1255 ... .. August 17, 1999
Ms. Susan Collins
Kame Group
1350 Treat Blvd., Suite 560
Walnut Creek, California 94596
Dear Susan:
RE: Dougherty Valley Affordable Housing Program— 1998 Annual Compliance
Report/Windemere Partners
This letter is in response to the 1998 Annual Affordable.Housing Compliance Report
submitted for the Windemere development in Dougherty Valley. The report indicates
Windernere's intent to comply with the overall production requirements of the Dougherty
Valley A:frdable Housing Program. (DVAHP). Given the potential sale and early stage
of development for the Windemere development, the affordable housing program
proposed by Windemere complies with the requirements of the DVAHP as of October
1998. However, additional information will be needed to clarify the current status of this
development and the affordable housing, component by October of 1999 when the next
DVAHP Annual Compliance Report and Opportunities Analysis is due. Specific issues to
be addressed include the following.
Overall descri tp ion of Windemere affordable housing compliance program and
strategy based on current and projected market trends. given the relatively early
stage of development for this project, a detailed description of the affordable housing
program is not anticipated. However, the program should be discussed in sufficient
detail to demonstrate a clear=understanding of and intent to comply with the DVAHP
requirements.
Distribution of affordable units. The November 1.996 compliance report submitted by
Windemere suggests the intent to build all of the affordable units in Phase I of the
project. Policy H-7 of the DVAHP states that "each phase established shall be
subject to an inclusionary housing requirement", indicating the Board of Supervisors'
desire to have the required affordable housing units distributed throughout the
development. Windemere should either consider inclusion of affordable units in all
major phases of the development or provide the justification for their concentration in
selected phases.
Office Tours Monday- Frday:8:00 a.m.-5:00 p.m.
• Current status of the Windemere development, including planning and project
entitlement approvals, potentia: sale of the property to other housing developers,
change in number of units to be developed, if any, prospective development schedule,
etc. Given current status, describe any implications for compliance with the DVABR
• Ownership status/implications for affordable housing program. In the event that
Windemere intends to sell the property to another developer prior to construction,
include a statement that Windemere will ensure that any subsequent owners
understand and accept the DVAUP obligations. (The Dougherty Valley Development
Agreement runs with the land and thus the affordability requirements will apply to
any subsequent purchaser.)
In addition to these issues, I wish to clarify a point of potential confusion with respect to
DVAFT requirements. The DVAHP and Dougherty Valley Specific Plan goals and
policies emphasize the need to :maintain housing affordability over the long run. Policy
H-9 in the Specific Plan states that "Affordable units shall be maintained for the
maximum period feasible. Target periods shall be a minimum of twenty years for for-
sale units and thirty years for rental units." At the time the DVABP was approved, it was
assumed that the moderate-income affordable housing obligation would be met by
providing affordable homeownership opportunities at affordable prices without the need
for public subsidy. Due to a lacy of specific financial benefit to the buyer, it was not
considered feasible to require moderate-income households to purchase an essentially
market-rate unit with an affordability restriction. Consequently, the DVAHP does not
specify a required term of affordability for moderate-income homeownership units.
It has now come to our attention that a portion of the Dougherty Valley moderate-income
housing requirement may be satisfied through the provision of affordable rental housing.
Should this occur, in order to remain consistent with the Specific Plan and DVAHP the
rental units will be required to be affordable to and occupied by moderate-income
households for a minimum of thirty years. In addition, the developer/owner of the rental
units will be required to enter into a regulatory agreement with the County to ensure that
the units remain in the affordable housing stock for the required period of time. This
approach is fully consistent with affordability requirements for very-low and low-income
rental units.
If we can be of assistance to you in further developing your affordable housing program
or clarifying the issues addressed in this letter, please call at your earliest convenience.
Sincerely,
Jim Kennedy
Deputy Director, Redevelopment
cc: Board of Supervisors
Dennis Barry
Debbie Chamberlain
Kathleen Hamm
File C.4.3(b)(1.6)(b)