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HomeMy WebLinkAboutMINUTES - 08171999 - C217 e 7 conLICZ 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 w 8 a o -j d e� 0 t19 00 w "t CL - _ cn coS -4in � 8 < ev r� z gas < -T cn r) ccLb � co F- z C� Ld C3 U- C3 C CO E1.9 CL Z C�1 � W to cl� 110 e � PP1 c". - - QTY faS E r CL EE t fez < CL C14 c CL o >L #� o z wf< 1< 1< >CxyXx -•. L� 0f� 00 < < raA to -Zj 9 z to to ra co4 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 U e 0 C zC tz 0. ZCL e E j CO J2 03 M CD tg 2La 'y )u +3v`a C7rn iU j� t4 3 E u o c _ :+ t: K3T' ca ,� f ZC� iz r- i CL r— CL v in i N � a a if s 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)