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PC 2018-02-06_8b HASLO CUP MEMORANDUM TO: PLANNING COMMISSION FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: KELLY HEFFERNON, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT NO. 17-003; MIXED USE DEVELOPMENT INCLUDING AN EXISTING OFFICE BUILDING AND CONSTRUCTION OF TWENTY (20) AFFORDABLE APARTMENT UNITS WITH A COMMUNITY ROOM; LOCATION – 224 AND 236 SOUTH HALCYON ROAD; APPLICANT – HOUSING AUTHORITY OF SAN LUIS OBISPO (HASLO); REPRESENTATIVE – RRM DESIGN GROUP DATE: FEBRUARY 6, 2018 SUMMARY OF ACTION: Approval of the project will result in the construction of twenty (20) affordable apartment units on a vacant parcel. The apartments will share parking and access with the adjacent parcel developed with a commercial office building. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no new direct impact to financial and personnel resources for the current project. The City previously invested $600,000 for the purchase of the property, using the City’s former Redevelopment Agency Affordable Hou sing Set Aside bond proceeds and the sale of an affordable housing promissory note to Meta Housing Corporation, with the understanding that HASLO would pursue additional funding for housing development. RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving Conditional Use Permit 17-003. PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-003 FEBRUARY 6, 2018 PAGE 2 BACKGROUND: Location Map Location and Context The project site is located in the Office Mixed-Use (OMU) zoning district on the northwest corner of South Halcyon Road and Dodson Way, and includes two (2) parcels totaling 35,000 square feet (0.81 acre) in size as described in Table 1 below. Table 1: Property Statistics Parcel 1: 224 S. Halcyon Road Parcel 2: 236 S. Halcyon Road Property Owner Housing Authority of San Luis Obispo (HASLO) BRPR, LLC Property Size 0.67 acre (28,975 s.f.) 0.14 acre (6,026 s.f.) Existing Use Vacant Office Building Although the property is within a Mixed Use zoning district, residential development surrounds the site, with sparsely scattered commercial/office uses located along Halcyon Road (see Attachment 1 for contextual photos of the site and neighboring properties). Adjacent land uses include the following:  North: Single family residence.  East: South Halcyon Road with single family residential and commercial development on the other side of the street.  South: Single family residential and commercial development.  West: Single family residential development. Parcel 1: Proposed Apartments Parcel 2: Existing Office Building PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-003 FEBRUARY 6, 2018 PAGE 3 Topography of the site is relatively flat, with access provided from both Halcyon Road and Dodson Way. Existing vegetation for Parcel 1 consists primarily of weeds and grasses with one 24” diameter Coast Live Oak tree located on the northeast corner of the property, proposed to remain. Parcel 2 is developed with a ± 1,500 square foot commercial office building, six (6) parking spaces, and commercial landscaping primarily along the road frontages. Site History A 1950’s residence and several out-buildings were demolished at the site (Parcel 1) sometime between 2009 and 2010, and the property has remained vacant since that time. A well casing housed within a concrete va ult is still present on the property, and structures are planned over the vault and well. As conditioned, the well must be properly abandoned in consultation with the San Luis Obispo County Environmental Health Department. A Cultural Resource Assessment was conducted for the Parcel 1 site in July 2017 by Albion Environmental, Inc. that concluded the site does not contain intact cultural deposits, and no further archaeological investigation is warranted. However, the report states that there is still potential for intact archaeological deposits to exist given its proximity to a known cultural resource (CA-SLO-393 located next to Arroyo Grande Hospital) and therefore recommends that all construction personnel attend an on -site cultural resource awareness training conducted by a qualified archaeologist prior to any earth disturbance. This recommendation has been added as a condition of approval. On Parcel 2, a single family residence with garage was constructed in 1952, which was converted to an office in 1975. The building was remodeled with a small addition in 1985 to the building that occupies the site today. Funding Agreement In 2011, the City started working with the Housing Authority of San Luis Obispo (HASLO) to acquire Parcel 1 for the development of an affordable housing project. In 2014, the City approved a Funding Agreement (“Agreement”) with HASLO for acquisition of the property (see Attachment 2 for Agreement). City funding for the acquisition was through the City’s former Redevelopment Agency Affordable Housing Set Aside bond proceeds and from the sale of an affordable housing promissory note to Meta Housing Corporation. The Agreement stipulated that the City would pay a total of $600,000 for the purchase of the property with the understanding that HASLO would pursue additional funding for housing development. The City provided the funds to purchase the property according to the agreement, and HASLO is the current property owner. Pre-Application Review The applicant processed Pre-Application 15-003 in July and August of 2015 to obtain preliminary feedback from the Staff Advisory Committee (SAC) on a twenty-two (22) unit apartment complex on the project site (without the adjacent commercial property). PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-003 FEBRUARY 6, 2018 PAGE 4 Issues discussed included allowable density, parking, setbacks, landscaping, drainage, emergency vehicle access, frontage improvements and utilities. Overall, staff was in support of the project concept with the addition of a commercial component, which would allow greater flexibility regarding residential density and parking. The applicant revised the project based on staff comments and subsequently submitted a formal application for the project. Staff Advisory Committee The main issues previously identified during the Pre-Application review process were resolved with the current application. The SAC considered the proposed project on October 18, 2017 and October 25, 2017 . Issues discussed centered on drainage and post construction stormwater requirements, existing and proposed utilities, fire apparatus access, location of fire hydrants, and building mass in relation to adjacent development. Members of the SAC were in support of the proposed project. Architectural Review Committee (ARC) The ARC considered the proposed project on December 18, 2017 and recommended approval to the Planning Commission as submitted, with suggested consideration of a lighting plan for the common areas and adjustments to the landscape pallet (see Attachment 3 for ARC Meeting Minutes). Conditions regarding these issues are included in the attached Resolution. Note that the ARC also determined that the height and massing of the three-story structures is acceptable because the third story is stepped back further than the second story on the west side adjacent to properties zoned Single Family Residential (SFR). ANALYSIS OF ISSUES: Project Description The proposed mixed-use project consists of twenty (20) affordable apartment units with a community building on Parcel 1, and an existing office building on Parcel 2. Because there are no changes proposed for the office building, this report focuses on the apartment complex on Parcel 1. HASLO proposes to construct a 100% affordable housing project whereby all of the units will rent to individuals and families having an annual income at or below 80% of the San Luis Obispo County’s median income. HASLO will permanently retain ownership of the property and apartment units, en suring that the units will remain below market rents and be properly managed and maintained. The project includes an open space courtyard area and other shared amenities (see figure 1 for Site Plan). PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-003 FEBRUARY 6, 2018 PAGE 5 Figure 1 – Site Plan The twenty (20) units will be in three (3) separate two- and three-story buildings and include four (4) one-bedroom units, ten (10) two-bedroom units, and six (6) three- bedroom units. Table 2 provides a breakdown of the number of apartment units per plan type, number of floors and unit size. The three-story community building includes a 350 square foot community room, office, laundry room and restroom on the first floor, and a 2-bedroom manager’s apartment on the second and third floors, included in the density calculations. The community room is reserved for residents of the development and will not be open to the public. PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-003 FEBRUARY 6, 2018 PAGE 6 Table 2: Apartment Unit Details Plan Type Number of Units Number of Floors Size of Units (square feet) 1-Bedroom Plan A 2 1 518 2-Bedroom Plan A 9 2 977 3-Bedroom Plan A 4 1 981 1-Bedroom Plan B 2 1 590 2-Bedroom Plan B 1 2 1,082 3-Bedroom Plan B 2 2 1,107 Total: 20 n/a n/a The architectural character of the units is considered “Agrarian M odern”, utilizing a mix of exterior colors and materials as listed in Table 3 (a color and materials board will be available at the meeting). The project includes varying roof pitches and heights to break up the building mass and provide visual interest. Solar panels are proposed on the south facing rooftops to maximize solar exposure. Table 3: Building Materials and Colors Material Color Board and batt fiber cement siding “Spatial White” and “Serious Gray” Stucco siding “Spatial White” Asphalt shingle roofing “Barkwood” Standing seam metal roofing separating the second and third stories “Tundra” Balcony railing using wood posts and frames with hog wire “Peppercorn” Wood facia, awning and top rail “Peppercorn” Exposed wood eves “Peppercorn” Vinyl windows (some multi-pane) “Bronze” Metal Light fixtures “Blackened Bronze” Wood doors with multi-pane windows “Rustic Red” Below is a list of other project details:  The front doors of all the units face the common plaza area, creating a sense of community.  Priority will be given to local Arroyo Grande residents for rental of the units.  HASLO has secured Title 29 Inclusionary Housing funds from San Luis Obispo County for project construction and will seek State tax credit funding for the project once a land use entitlement is secured.  Construction could occur as early as spring of 2019 with a fourteen (14) month duration. This time frame is contingent on local fund raising efforts. PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-003 FEBRUARY 6, 2018 PAGE 7 General Plan Conformance The General Plan designation for the project site is Mixed Use (MU), which is implemented by the Development Code Office Mixed Use (OMU) zoning district. The proposed development conforms to the following General Plan Land Use and Housing Element policies: Land Use Element:  LU5-8.2: Enable mixed-uses and development intensities to be increased in the Mixed Use corridors to promote pedestrian activity, provide better shopping opportunities and discourage incompatible commercial service uses in areas adjoining residential uses or classifications.  LU5-10.2: Accommodate multiple family housing at a maximum density of 25 dwelling units per acre, FAR of 1.5 and total building height no greater than 35 feet.  LU5-10.4: Require that mixed-use developments be designed to mitigate potential conflicts between the commercial and residential uses (e.g. noi se, lighting, security, vehicular access) and provide adequate amenities for residential occupants.  LU5-11.2: Accommodate the development of free -standing multi-family dwelling units on a minimum site area of 20,000 square feet at a density of up to 25 un its per gross acre. Require that free-standing units be designed to convey a high - quality image. Housing Element:  A.1: The City shall adopt policies, programs, and procedures to attempt to meet the present and future needs of residents of the City, and t o aim at providing their fair share regional housing need allocated for each income classification, within identified governmental, market, economic and natural constraints.  A.2: The City shall continue to utilize the following incentives for the production of affordable housing: a) allowing secondary dwelling units under specified criteria; b) allowing manufactured housing on legal parcels in all residential zones; c) allowing density bonuses for very low and low-income housing, and senior housing projects.  A.3: The City shall give priority to processing housing projects that provide for affordable housing, and lower development impact fees shall be charged as an incentive for low, very low, and extremely low-income housing.  A.5: The City shall encourage housing compatible with commercial and office uses and promote “mixed use” and “village core” zoning districts to facilitate integration of residential uses into such areas.  A.9: The City shall continue to enable and encourage multiple-family, rental apartments, senior, mobile home, and special needs housing in appropriate locations and densities. These multiple family residential alternative housing types tend to be more affordable than prevailing single -family residential low and medium density developments. PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-003 FEBRUARY 6, 2018 PAGE 8  A.11: The City shall continue to utilize and expand the Density Bonus program to encourage affordable housing supply.  D.1: The City shall relax parking standards for apartments containing extremely, very low, low, and/or senior housing.  L.2: The City shall ensure, through the design review process for multiple housing projects, that project design, parking locations, pedestrian walkways, and direct access to the housing units accommodates handicapped or disabled access.  M.3: When feasible, buildings shall be sited on a north-south axis and designed to take advantage of passive solar heating and cooling. Development Code Requirements The purpose and intent of the Office Mixed Use (OMU) district is to provide areas for the establishment of corporate, administrative, and medical offices and facilities, commercial services that are required to support major business medical development, and multi-family housing. Retail facilities and support business are encouraged to serve nearby office and residential uses. Typical uses include, but are not limited to, professional and medical offices, business-related retail and service functions, restaurants, health clubs, financial institutions, medical and health care facilities and multi-family housing. Density. The OMU zoning district allows a maximum density of twenty (20) dwelling units per acre for mixed-use projects and fifteen (15) dwelling units per acre for 100% residential projects. The Development Code defines a “mixed -use project" as a project that combines both commercial and residential uses, where the residential component is typically located above or behind the commercial use. In this case, the proposed residential development is behind the existing commercial office building, and the two uses will share parking and access. Based on the size of the combined properties (0.81 acre), the maximum number of dwelling units allowed is 16 (0.81 x 20 = 16). However, under the State’s density bonus law (Government Code Section 65915-65918, codified in Development Code Chapter 16.82), a 35% density bonus is allowed with a 100% affordable housing project, allowing up to 21.69 units on the subject property. For mixed use developments, residential density equivalencies are used to calculate residential density. Development Code Subsection 16.36.030(C) defines residential density for mixed use projects, provided below in Table 4. PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-003 FEBRUARY 6, 2018 PAGE 9 Table 4 – Mixed Use Residential Density Equivalencies Residential Dwelling Unit Type Density Equivalent Project Density Equivalent Units Live/Work Unit 0.5 0 Studio 0.5 0 1-bedroom 0.75 (4)(0.75) = 3 2-bedroom 1.0 10 3-bedroom 1.5 (6)(1.5) = 9 4-bedroom 2.0 0 Total: 22 Units Although the project appears to meet density requirements with 2 0 units proposed, the density equivalent calculation for the project, as specified for mixed use developments in Development Code Subsection 16.36.030(C), is 22 units. This subsection does not specifically allow rounding up for the purpose of calculating density, although it states that “the density allowed for any residential project within the City may be varied through the appropriate discretionary review process”. However, Development Code Section 16.48.060 (General Development Standards – Development Density) does allow rounding up to the next whole number when calculating density for the provision of affordable housing, or for mixed use districts where rounding to the next half number is appropriate. State density bonus law also requires that all density calculations resulting in a fractional number be rounded up to the next whole number. Therefore, the project as proposed is within the density equivalency requirements of the Development Code and State law (21.69 units rounded up to 22 units). Parking. A total of 52 parking spaces would typically be required if the proposed project did not include affordable housing. Under the State’s density bonus law and the City’s common parking provisions, the project is required to provide a total of 34 spaces and 35 are proposed. The State’s density bonus law allows parking reductions by right through the entitlement process for projects that qualify for a density bonus, and therefore the City cannot require additional parking. Under this law, affordable housing projects require one (1) space for studios and 1-bedrooms, two (2) spaces for 2-3 bedrooms, and two and a half (2.5) spaces for 4+ bedrooms. Guest parking is included in these requirements and therefore jurisdictions cannot require additional guest parking. The density bonus law also allows all parking spaces to be uncovered, and further parking reductions can be sought under the concession provisions. Parking concessions include a reduction in parking requirements to not less than one (1) parking space per restricted dwelling un it irrespective of the number of habitable rooms. As proposed, all of the project parking spaces are uncovered and the applicant does not need to seek a parking concession. Development Code Section 16.56.050 (Common Parking Facilities) allows the total parking requirement to be reduced by 20% for shared uses. As a condition of allowing common parking facilities, the parties must provide evidence of such joint use by a PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-003 FEBRUARY 6, 2018 PAGE 10 proper legal agreement approved by the City Attorney, which must be recorded with the County Recorder. The property owners have signed a Memorandum of Understanding (MOU) outlining the basic development agreement points between the two property owners, including shared parking and access. If the project is approved, the MOU (or other legal instrument as determined by the City Attorney) will be recorded with the County Clerk. Per Development Code Section 16.56.070, motorcycle parking areas count toward fulfilling automobile parking space requirements at a rate of one parking space per motorcycle parking area (defined as 56 square feet). Proposed are five (5) motorcycle parking areas. The project also includes thirty (30) bicycle spaces, which do not count towards parking requirements, yet provide an amenity for those who do not own a car, or simply want to ride a bike as a transportation alternative or for recreation. Table 5 summarizes the parking requirements for this project. Table 5: Parking Calculations Residential Parking Commercial Parking Total Development Code Requirements 1 bedroom: 1 space/unit (4 spaces) One space per 250 square feet of floor area (6 spaces) 2+ bedrooms: 2 spaces/unit (32 spaces) Guest parking: 0.5 space/unit (10 spaces) Total: 46 spaces 6 spaces 52 spaces Density Bonus Law No guest parking required -10 spaces Development Code Section 16.56.050 Total parking requirement reduced by 20% for shared uses - 8 spaces Total Required: 34 spaces Proposed Parking 1 and 2+ bedroom units: 29 spaces (including 22 regular spaces, 2 disabled access spaces, 5 motorcycle areas, and 30 bicycle spaces. All parking is shared between the two parcels). 6 spaces Total: 29 spaces 6 spaces 35 spaces On street parking is also available on Dodson Way and Halcyon Road. However, the applicant will need to monitor and manage parking within the development in order to limit parking impacts to the surrounding neighborhood. Possible incentives that could be provided include free bus passes (the nearest bus stop is one (1) block away near Arroyo Grande Hospital), and creating “loaner” bicycle and ride sharing programs. PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-003 FEBRUARY 6, 2018 PAGE 11 Traffic. Regarding traffic impacts, the number of PM peak hour trips generated by the project (approximately 11) is less than the City’s threshold of 20 PM peak hour trips. A traffic study is therefore not required. Site Development Standards. The project meets all other Development Code requirements for setbacks, building height, lot coverage, and floor area ratio as presented in Table 6. Table 6: OMU Site Development Standards (Parcel 1) Standard Office Mixed Use (OMU) Proposed Minimum Setbacks: Front: 0’ – 15’ 0’ plus sidewalk on Halcyon Sides: 0’ – 15’ 5’ on south side; 13’-8” on north side Rear: 0’ – 15’ 13’-7” Maximum Building Height 35’ or three stories 35’/three stories Maximum Lot Coverage 70% 24% Maximum Floor Area Ratio 1.0 0.65 The project site is adjacent to residentially zoned and developed properties on the west side, which is the rear property line, and to residentially developed property in the OMU zoning district to the south. Development Code Subsection 16.36.020(G) states that “wherever a lot in any commercial or mixed use district abuts a residential use or a lot in any residential use district, a minimum building setback of twenty (20) feet measured from the property line shall be required for proposed commercial use.” Because the proposed project is a residential use, this requirement does not apply. The two-story portion of the larger building is set back roughly 13.5’ from the rear property line. To break up the building mass on this side, the third story is stepped back an additional 14.5’ from the second story, or about 28’ total from the rear property line. Additionally, a two-story building abuts the southern property line to minimize the massing impact to the adjacent residence (see Figure 1 below for zoning and surrounding land uses). PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-003 FEBRUARY 6, 2018 PAGE 12 Figure 1: Zoning and Surrounding Land Uses Accessibility Requirements Title 24, Part 2, Chapters 11A and 11B of the California Building Code (CBC) requires that disabled access be provided to multifamily dwellings on the lowest floor in buildings if an elevator is not available (see Attachment 4 for CBC excerpts). The CBC further clarifies that at least 10% of these lower floor units must be accessible. Although the project does not include an elevator, all of the eight (8) ground floor units are adaptable, which meets CBC requirements. The CBC also requires that these units have an accessible path of travel to the nearest handicapped parking stalls and any common use areas. As proposed, there is an accessible route from the two (2) accessible parking stalls to the units and from the units to the front plaza area and community room. Even though the project is conditioned to “comply with the most recent editions of the California Building Standards Code”, for clarity, a condition has been added requiring all of the ground level units have an accessible path of travel from both the accessible parking stalls and all common use areas. California Housing Legislation Last year, Governor Brown signed fifteen (15) bills that comprised the “Housing Package”. The three (3) broad categories of these bills included local accountability, streamlining and funding. Most relevant to the proposed project were the reforms made to the State’s Housing Accountability Act (the “Act”), which restrict a city’s ability to deny, reduce the density of, or otherwise make housing developments infeasible (see Attachment 5 for language of Assembly Bills 678 and 1515). It further requires cities to justify these actions. The Act applies to all housing development projects, including mixed use projects. Essentially, the Act states that if a housing development complies Project Site (OMU) (SF) (SF) (SF) (SF) (OMU) (OMU w/SFR) (OMU w/SFR) PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-003 FEBRUARY 6, 2018 PAGE 13 with “objective” general plan, zoning, and subdivision standards, the city can only reduce density or deny a project if it would cause a “specific adverse impact” to public health and safety that cannot be mitigated. Specific findings must be made to deny, reduce density, or add any conditions that render the project infeasible, even if the project does not comply with all “objective” standards. In addition, if a project does not comply with objective standards, the City must provide a list of any inconsistencies within 30-60 days of the application being deemed complete. If the City fails to provide this list, the project is “deemed consistent.” The Act and the density bonus law provide many protections for affordable housing projects. Landscaping A total of about 25,000 square feet of the project site is dedicated to landscaping (comprising 41.3% of the site). The conceptual landscape plan includes a variety of low water use tree, shrub, and ground cover species. The proposed tree species include: Armstrong Red Maple, Smoke Tree, Shademaster Locust, Crape Myrtle, and Bradford Pear. A landscaped drainage swale runs along the northern property boundary from east to west in compliance with stormwater requirements. The project will be conditioned to require that all landscaping comply with the State Model Water Efficient Landscape Ordinance. As mentioned above, the existing 24” diameter Coast Live Oak tree will remain and the project is conditioned to protect the tree during construction activities . A 28” diameter Evergreen Ash tree, located in the sidewalk just south of the oak tree, is proposed to be removed. City staff support removing this large tree because the roots are uplifting the sidewalk, and causing a tripping hazard. The applicant would like the tree removed because it interferes with the proposed building fronting on South Halcyon Road . As recommended by the City Arborist and conditioned, the tree will be replaced with a 15 gallon Magnolia “Little Gen” tree. Other Amenities/Features The existing perimeter wood fencing is expected to remain, but will be repaired or replaced as needed. New low fencing (wood framed with hog wire) is proposed along the Halcyon Road frontage up to the community building and along a portion of the north side. Pervious paving is proposed in the parkin g areas, and interlocking pavers are proposed in pedestrian walkways. The plaza area includes colored concrete, natural or synthetic turf, concrete benches, boulders, a barbeque island and counter with metal trellis cover, and bike racks. The trash enclosure is located in the parking area on the west side of the Dodson Way access and will contain a four (4) cubic yard dumpster and a recycle bin . The enclosure is landscaped on three (3) sides and covered by a detached sloping roof designed to minimize stormwater pollution. The walls of the enclosure are cinder block in a light PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-003 FEBRUARY 6, 2018 PAGE 14 gray color, and consistent with the architectural style of the project, the front doors of the enclosure resemble that of a barn in a dark brown color. Emergency Vehicle Access Fire Code Section D105.3 requires vertical and horizontal clearance for emergency vehicles with a drivable surface. Specifically, at least one of the required access routes must be located within a minimum of fifteen feet (15’) and a maximum of thirty feet (30’) from the building, and shall be positioned parallel to one entire side of the building. Because of the three-story design of the project, the large ladder truck of the Five Cities Fire Authority must be able to access the site. After several meetings with Five Cities Fire Authority staff, the applicant was able to satisfy the requirement by providing access to the interior plaza. The access is protected by removable bollards and a striped no parking zone. ALTERNATIVES: The following alternatives are provided for the Planning Commission’s consideration:  Adopt the attached Resolution approving Conditional Use Permit 17-003;  Modify and adopt the attached Resolution approving Conditional Use Permit 17- 003;  Do not adopt the attached Resolution, provide specific findings, and direct staff to return with a Resolution denying Conditional Use Permit 17-003; or  Provide direction to staff. ADVANTAGES: The proposed project will develop a currently vacant site with twenty (20) affordable apartment units, which will assist the City with meeting its Regional Housing Needs Allocation (RHNA) numbers outlined in the City’s General Plan Housing Element. DISADVANTAGES: The proposed three-story structures are large in scale compared to surrounding development. However, the ARC found that the massing is acceptable because the third story is stepped back on the west side and a two-story building is located on the south side. This reduces the massing impact on these sides, which are adjacent to existing single family residential development. The ARC further determined that the three-story building on the South Halcyon Street frontage is well -articulated and does not dominate the street given its smaller size. ENVIRONMENTAL REVIEW: The project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, and has been determined to be categorically exempt pursuant to Section 15332 (Class 32) of the CEQA guidelines regarding in-fill development projects in urban areas. PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-003 FEBRUARY 6, 2018 PAGE 15 PUBLIC NOTIFICATION AND COMMENTS: A notice of public hearing was mailed to all property owners within 300’ of the project site, was published in The Tribune, and posted at City Hall and on the City’s website on Friday, January 26, 2018. The agenda and staff report were posted at City Hall and on the City’s website on February 2, 2018. At the time of report publication, no comments have been received. ATTACHMENTS 1. Contextual photos of the site and adjacent properties 2. Funding Agreement between the City of Arroyo Grande and HASLO 3. Minutes of the December 18, 2017 Architectural Review Committee Meeting 4. Excerpts from the California Building Code (Chapters 11A and 11B) 5. Assembly Bills 678 and 1515 6. Project plans RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 17-003; LOCATION - 224 AND 236 SOUTH HALCYON ROAD; APPLICANT – HOUSING AUTHORITY OF SAN LUIS OBISPO (HASLO) WHEREAS, the applicant has filed Conditional Use Permit 17-003 to develop a mixed- use project consisting of an existing commercial office building and construction of twenty (20) affordable apartment units with a community room on two (2) parcels totaling 0.81 acre in the Office Mixed-Use (OMU) zoning district; and WHEREAS, State density bonus law allows a 35% density bonus with a 100% affordable housing project and parking reductions; and WHEREAS, the Planning Commission has reviewed the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the project is categorically exempt pursuant to Section 15332 (Class 32) of the CEQA guidelines regarding in-fill development projects in urban areas; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on February 6, 2018; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. The proposed mixed-use project is allowed in the Office Mixed-Use (OMU) zoning district per Section 16.36.030 of the Municipal Code and complies with all applicable development standards for the OMU zoning district as set forth in Municipal Code Section 16.36.020. Additionally, the proposed mixed-use is consistent with the following Land Use and Housing Element Policies: LU5-8.2, LU5-10.2, LU5-10.4, LU5-11.2, A.1, A.2, A.3, A.5, A.9, A.11, D.1, L.2, and M.3. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. RESOLUTION NO. PAGE 2 The proposed mixed-use project would not impair the integrity or character of the Office Mixed-Use (OMU) zoning district, as it is consistent with the stated purpose of the OMU zoning district per Municipal Code Section 16.36.020(H) and will be constructed in accordance with all applicable Development Standards. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is suitable for the proposed mixed-use, as the development meets applicable development standards relating to density, parking, building height, setbacks and open space. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. There are adequate provisions for all utilities and services necessary to ensure public health and safety. Water and sewer services will be provided by the City of Arroyo Grande, electricity service will be provided by PG&E, natural gas will be provided by Southern California Gas Company and trash and recycling services will be provided by South County Sanitary Services. 5. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. The proposed mixed-use will not be detrimental to the public health, safety or welfare, nor will it be materially injurious to properties or improvements in the vicinity as it will comply with all applicable codes and standards. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 17-003 with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. RESOLUTION NO. PAGE 3 On motion by Commissioner ______________, seconded by Commissioner _____________, and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 6th day of February, 2018. ______________________________ GLENN MARTIN, CHAIR ATTEST: _______________________________ DEBBIE WEICHINGER, SECRETARY TO THE COMMISSION AS TO CONTENT: _______________________________ TERESA MCCLISH COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. PAGE 4 EXHIBIT ‘A’ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 17-003 224 AND 236 SOUTH HALCYON ROAD This approval authorizes the development of a mixed-use project consisting of an existing ± 1,500 square foot commercial office building and construction of twenty (20) affordable apartment units on 0.81 acre of land in the Office Mixed-Use (OMU) zoning district. The project qualifies for a 35% density bonus and reduced parking requirements under the State’s density bonus law (Government Code Section 65915 - 65918). The project also qualifies for a 20% parking reduction per Development Code Section 16.56.050 (common parking facilities). COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes construction of twenty (20) affordable apartment units in a mixed-use configuration with the adjacent property (224 and 236 S. Halcyon Rd.) 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 3. The applicant shall comply with all conditions of approval for CUP 17-003. 4. This permit shall automatically expire on February 6, 2020 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 5. Development shall conform to the Office Mixed-Use (OMU) zoning requirements except as otherwise approved. 6. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of February 6, 2018, on file in the Community Development Department. 7. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. RESOLUTION NO. PAGE 5 8. A copy of these conditions and mitigation measures shall be incorporated into all construction documents. 9. At the time of application for construction permits, plans submitted shall show all development consistent with the approved site plan, floor plan, architectural elevations and landscape plan. 10. Signage shall be subject to the requirements of Chapter 16.60 of the Development Code. Prior to issuance of a building permit, all illegal signs shall be removed. 11. Development shall comply with Development Code Sections 16.48.070, “Fences, Walls and Hedges”; 16.48.120, “Performance Standards”; and 16.48.130 “Screening Requirements”. 12. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans including those specifically modified by these conditions. 13. The developer shall comply with Development Code Chapter 16.56, “Parking and Loading Requirements”. All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 11 feet. 14. Trash enclosures shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of an exterior finish that complements the architectural features of the main building. Trash enclosure areas shall accommodate recycling container(s), and shall be accessible to persons with disabilities (ADA compliant). 15. Noise resulting from construction and operational activities shall conform to the standards set forth in Chapter 9.16 of the Arroyo Grande Municipal Code (AGMC). Construction activities shall be restricted to the hours of 7 AM to 5 PM Monday through Friday, and from 9 AM to 5 PM on Saturdays. No construction shall occur on Sundays or City observed holidays. 16. At the time of application for construction permits, the applicant shall provide details on any proposed exterior lighting. The lighting plan shall include the height, location, and intensity of all exterior lighting consistent with Section 16.48.090 of the Development Code. All lighting fixtures shall be shielded so that neither the lamp nor the related reflector interior surface is visible from adjacent properties. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. All lighting shall be energy efficient (e.g. LED). 17. All parking areas of five or more spaces shall have an average of one-half foot- candle illumination per square foot of parking area for visibility and security during hours of darkness. Wiring for the illumination shall be placed underground. 18. If clothes washers are provided in a central location for the apartment complex, the washers shall include a single-source graywater outlet and an outside stub-out to allow the installation of a graywater irrigation system that complies with the requirements of Section 1502.1.1 of the 2016 California Plumbing Code. RESOLUTION NO. PAGE 6 19. Prior to issuance of a building permit, a final landscape and irrigation plan shall be prepared by a licensed landscape architect and approved by the Community Development and Public Works Departments. Landscaping shall be installed or bonded for before final building inspection/establishment of use. The landscape plan shall be in conformance with Development Code Chapter 16.84 (Water Efficient Landscape Requirements) and the State Model Water Efficient Landscape Ordinance, and shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes, but is not limited to: i. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants. ii. An automated irrigation system using smart controller (weather based) technology. iii. The selection of groundcover plant species shall include native plants. iv. Linear planters shall be provided in parking areas. v. Turf areas shall be limited in accordance with Chapter 16.84 of the Development Code. 20. The existing Evergreen Ash street tree proposed to be removed shall be replaced with a 15 gallon Magnolia “Little Gem” tree, standard form (single trunk). The tree well shall be 4’ x 6’ in size. City staff will hand water the tree and therefore a separate irrigation system is not required. A root barrier is also not required. 21. The existing 24” Coast Live Oak tree on the project site shall not be removed and shall be protected during all earth moving activities and construction. 22. All trees on the construction site to be preserved shall be protected under the conditions of the Community Tree Program (Chapter 12.16 of the AGMC), which include but are not limited to: a. No mechanical trenching within the drip line of a tree, unless approved by the Public Works Director. b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. c. No grading shall occur within the tree dripline, unless approved by the Public Works Director. Any roots encountered during earth moving activities shall be cut clean and not left ragged. d. A five foot (5') protective fence shall be constructed a minimum of 8' from the trunk of each tree or at the dripline, whichever distance is greater. e. At a minimum, all pruning shall comply with the American National Standards Institute (ANSI) A300 Pruning Standards and Best RESOLUTION NO. PAGE 7 Management Practices. An independent certified arborist, paid for by the developer and selected by the Public Works Director, shall conduct all pruning on site. The independent arborist shall report to the City’s Arborist regarding any pruning activities. f. There shall be no irrigation within the dripline of the existing oak tree. 23. For projects approved with specific exterior building colors, the developer shall paint a test patch on the building including all colors. The remainder of the building may not be painted until inspected by the Community Development Department to verify that colors are consistent with the approved color board. A 48-hour notice is required for this inspection. 24. All new electrical panel boxes shall be installed inside the building(s). 25. All Fire Department Connections (FDC) shall be located near a fire hydrant, adjacent to a fire access roadway and screened to the maximum extent feasible. 26. Double detector check valve assemblies shall be located directly adjacent to or within the respective building to which they serve. 27. All conditions of this approval run with the land and shall be strictly adhered to, within the time frames specified, and in an on-going manner for the life of the project. Failure to comply with these conditions of approval may result in an immediate enforcement action. If it is determined that violation(s) of these conditions of approval have occurred, or are occurring, this approval may be revoked pursuant to Development Code Section 16.08.100. SPECIAL CONDITIONS 28. All motorcycle spaces shall have bollards installed and appropriately spaced so as to prevent automobile usage. Motorcycle spaces shall be marked so as to be clearly identified for motorcycle use. 29. As a condition of allowing common parking facilities, parties using common parking facilities shall provide evidence of such joint use by a proper legal agreement approved by the City Attorney. Such agreements when approved shall be filed with the Community Development Department Planning and Building Divisions and recorded with the County Recorder prior to a certificate of occupancy. 30. Prior to issuance of a building permit, a reciprocal access agreement shall be recorded for the two properties. 31. The existing perimeter wood fencing shall be repaired or replaced as needed. 32. The existing well shall be properly abandoned and the concrete vault removed, as approved by the San Luis Obispo County Environmental Health Department. The developer shall submit a Certificate of Abandonment to the City. RESOLUTION NO. PAGE 8 33. Prior to issuance of a building permit, developer shall record a regulatory agreement against the property that restricts the use of the property, for a period of not less than fifty-five (55) years, to use as rental apartments affordable to families earning 80% or less of the area median income. City shall have the right to review and approve the form of the regulatory agreement. 34. Prior to issuing a grading permit, all construction personnel shall attend an on-site cultural resource awareness training conducted by a qualified archaeologist. In addition, a qualified archaeologist shall conduct periodic monitoring during initial ground-disturbing activities, and especially during any over-excavation for building footprints or deep excavations for footings or retaining walls. If previously unidentified cultural materials are unearthed during construction, all work shall halt in that area until a qualified archaeologist can evaluate the nature and significance of the find. 35. The developer shall implement the recommendations of the Geotechnical Report prepared by Yeh and Associates, Inc. dated October 4, 2017, ARCHITECTURAL REVIEW COMMITTEE (ARC) CONDITIONS 36. Eliminate the Thuja occidentalis, Carpenteria californica, Zauschneria californica, and Acer rubrum from the landscape plan. 37. Similar to Condition no. 17, the applicant shall submit a lighting plan for the courtyard and parking areas prior to issuance of building permit. Exterior lighting shall be low profile, and shall not spill outside of the property boundary. BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS BUILDING CODES 38. The project shall comply with the most recent editions of the California Building Standards Code, as adopted by the City of Arroyo Grande. 39. All of the ground level units shall have an accessible path of travel from both the accessible parking stalls and all common use areas. FIRE LANES 40. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 41. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS 42. Project shall have a fire flow in accordance with the California Fire Code. RESOLUTION NO. PAGE 9 43. Fire hydrants shall be installed, per Fire Department and Public Works Department standards and per the California Fire Code. FIRE SPRINKLER 44. All buildings must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. ABANDONMENT / NON-CONFORMING 45. Prior to issuing a building permit, the applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. ENGINEERING DIVISION CONDITIONS POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE 46. The Applicant shall develop, implement and provide the following to the City: a. Prior to a building or grading permit, a Stormwater Control Plan that clearly provides engineering analysis of all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls complying with Engineering Standard 1010 Section 5.2.2. b. Prior to final acceptance, an Operations and Maintenance Plan and Maintenance Agreements that clearly establish responsibility for all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls complying with Engineering Standard 1010 Section 5.2.3. c. Annual Maintenance Notification indicating that all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls are maintained and are functioning as designed. GENERAL CONDITIONS 47. The developer shall sweep streets in compliance with Standard Specifications Section 13-4.03F. 48. For work requiring engineering inspections, working hours shall comply with Standard Specification Section 5-1.01. 49. Provide trash enclosure in compliance with Engineering Standard 9060 with solid/rain-deflecting roof. Drain of trash enclosure must connect to the onsite water quality BMP. RESOLUTION NO. PAGE 10 50. Trash enclosure area(s) shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of an exterior finish that complements the architectural features of the main building. The trash enclosure shall be reserved exclusively for dumpster and recycling container storage, and shall be accessible to persons with disabilities. Interior vehicle travel ways shall be designed to be capable of withstanding loads imposed by trash trucks. 51. All residential units shall be designed to mitigate impacts from non-residential project noise, in compliance with the City’s noise regulations. 52. All project improvements shall be designed and constructed in accordance with the most recent version of the City of Arroyo Grande Standard Specifications and Engineering Standards. 53. Record Drawings (“as-built” plans) are required to be submitted prior to release of the Faithful Performance Bond. 54. Submit as-built plans at the completion of the project or improvements as directed by the Community Development Director in compliance with Engineering Standard 1010 Section 9.3 E. Provide One (1) set of paper prints and electronic documents on CD or flash drive in both AutoCAD and PDF format. 55. Submit three (3) full-size paper copies and one (1) electronic PDF file of approved improvement plans for inspection purposes during construction. 56. Preserve existing survey monuments and vertical control benchmarks in compliance with Standard Specifications Section 5-1.26A. 57. Provide one (1) new vertical control survey benchmark, per City Standard, as directed by City Engineer. IMPROVEMENT PLANS 58. Public Improvement Plans, Site Civil Plans, and Maps shall be submitted to the Community Development Department Engineering Division be separate submittal from any vertical construction/structures building improvement plans. 59. Improvement plans must comply with Engineering Standard 1010 Section 1 and shall be prepared by a registered Civil Engineer or qualified specialist licensed in the State of California and approved by the Public Works Department and/or Community Development Department. The following plan sheet shall be provided: a. Site Plan i. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. ii. The location, size and orientation of all trash enclosures. iii. All existing and proposed parcel lines and easements crossing the property. RESOLUTION NO. PAGE 11 iv. The location and dimension of all existing and proposed paved areas. v. The location of all existing and proposed public or private utilities. vi. Location of 100-year flood plain and any areas of inundation within project area. b. Grading Plan with Cross Sections c. Retaining Wall Plan and Profiles d. Roadway Improvements Plan and Profiles e. Storm Drainage Plan and Profile f. Utilities - Water and Sewer Plan and Profile g. Utilities – Composite Utility h. Signing and Striping i. Erosion Control j. Landscape and Irrigation Plans for Public Right-of-Way k. Tree Protection Plan l. Details m. Notes n. Conditions of Approval and Mitigation Measures o. Other improvements as required by the Community Development Director. (NOTE: All plan sheets must include City standard title blocks) p. Engineers estimate for construction cost based on County of San Luis Obispo unit cost. 60. Submit all retaining wall calculations for review and approval by the Community Development Director including any referenced geotechnical report. 61. Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 62. Applicant shall fund outsourced plan and map check services, as required. 63. The applicant shall be responsible for obtaining an encroachment permit for all work within the City’s public right-of-way. STREET IMPROVEMENTS 64. Obtain approval from the Public Works Director prior to excavating in any street recently over-laid or slurry sealed. The Director shall approve the method of repair of any such trenches, but shall not be limited to an overlay or type 2 slurry seal. 65. Overlay streets or place type 2 slurry seal on any roads dedicated to the City prior to acceptance by the City. Determination whether to use overlay or slurry seal shall be made by the Public Works Director. 66. Remove existing roadway striping and markers prior to any overlay or slurry seal work to the satisfaction of the Public Works Director. Use only thermoplastic roadway striping. RESOLUTION NO. PAGE 12 CURB, GUTTER, AND SIDEWALK 67. Install new concrete curb, gutter, and sidewalk as directed by the Community Development Director and Public Works Director. 68. Color any such new facilities as directed by the Community Development Director. 69. Install ADA compliant facilities where necessary or verify that existing facilities are compliant with State and City Standards. 70. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. 71. 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 DEDICATIONS AND EASEMENTS 72. The property owner shall offer for dedication to the public the right-of-way for the ADA compliant driveway approaches. 73. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. GRADING AND DRAINAGE 74. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two (2) copies of the final project-specific Storm Water Pollution Prevention Plan (SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis Obispo Regional Water Quality Control Board (RWCB) requirements. 75. All grading shall be performed in accordance with the current City Grading Ordinance and Standard Specifications and Engineering Standards. 76. Drainage facilities shall be designed in compliance with Engineering Standard 1010 Section 5.1.2. 77. Submit a soils report for the project, prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. The date of the soils report shall be less than 3 years old at the time of submittal. 78. Prior to issuance of a grading permit, an approved drainage report prepared by a registered Civil engineer shall be required. The drainage report will support the improvement plans, drainage facilities and Storm Water Control Plans for the project. RESOLUTION NO. PAGE 13 WATER 79. Whenever possible, all water mains shall be looped to prevent dead ends. The Public Works Director must grant permission to dead end water mains. 80. The applicant shall extend the public water main to adequately serve the project across the property frontage. 81. A Reduced Pressure Principle (RPP) backflow device is required on all water lines to the landscape irrigation. 82. A Double Detector Check (DDC) backflow device is required on the water service line to the residential units. Fire Department Connections (FDC) must be remote and locations to be approved by the Building Official and Fire Chief. 83. The DDC shall be placed inside the building or adjacent to the building. Other locations for the DDC shall be approved by the Director or Community Development. 84. Non-potable water is available at the Soto Sports Complex for construction use. The City of Arroyo Grande does not allow the use of hydrant meters. 85. Existing water services to be abandoned shall be abandoned in compliance with Engineering Standard 6050. SEWER 86. The applicant shall extend the sewer main to adequately serve the project across the property frontage. All new sewer mains shall be a minimum diameter of 8”. An easement shall be recorded for the new sewer main. 87. All sewer laterals shall comply with Engineering Standard 6810. 88. Existing sewer laterals to be abandoned shall be abandoned in compliance with Engineering Standard 6050. 89. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with Standard Specifications and Engineering Standards. 90. Obtain approval from the South County Sanitation District for the development’s impact to District facilities prior to building permit issuance. PUBLIC UTILITIES 91. The developer shall comply with Development Code Section 16.68.050: All projects that involve the addition of over 100 square feet of habitable space shall RESOLUTION NO. PAGE 14 be required to place service connections underground - existing and proposed utilities. 92. Prior to approving any building permit within the project for occupancy, all conditions of approval for project shall be satisfied. 93. Public Improvement plans shall be submitted to the public utility companies for review and approval. Utility comments shall be forwarded to the Director of Public Works for approval. 94. Street lighting shall comply with Engineering Standard 1010 Section 3.1.2.Q. TREE PRESERVATION/TREE REMOVAL PLAN 95. Prior to issuance of grading permit and during construction the applicant shall comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance. PUBLIC SAFETY 96. Prior to issuance of building permit, applicant to submit exterior lighting plan for Police Department approval. 97. Prior to issuance of a certificate of occupancy, the applicant shall post accessible parking signage, per California Building Code Section 11A and other applicable standards. 98. Prior to issuance of a certificate of occupancy, for any parking lots available to the public located on private lots, the developer shall post private property “No Parking” signs in accordance with the handout available from the Police Department. FEES AND BONDS The applicant shall pay all applicable City fees, including the following: 99. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a.___ Map check fee for Tract Map. b.___ Map check fee for Parcel Map. c.___ Plan check for grading plans. (Based on an approved earthwork estimate) d.___ Plan check for improvement plans. (Based on an approved construction cost estimate) e.___ Permit Fee for grading plans. (Based on an approved earthwork estimate) f.___ Inspection Fee of subdivision or public works construction plans. (Based on an approved construction cost estimate) RESOLUTION NO. PAGE 15 g.___ Plan Review Fee. (Based on the current Building Division fee schedule. NOTE: The applicant is responsible to pay all fees associated with outside plan review consultants ) 100. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a.___ Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. b.___ Water Distribution fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with AGMC Section 13.04.030. c.___ Water Meter charge to be based on codes and rates in effect at the time of building permit issuance, in accordance with AGMC Section 13.04.030. d.___ Water Availability charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with AGMC 13.04.040. e.___ Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 461 C.S., Resolution No. 3021. f.___ Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 346 C.S., Resolution No. 1955. g.___ Sewer Connection fee, to be based on codes and rates in effect at the time of building permit issuan ce, in accordance with AGMC Section 13.12.190. h.___ South San Luis Obispo County Sanitation District Connection fee in accordance with AGMC Section 13.12.180. i.___ Park Development fee, the developer shall pay the current parks development fee for each u nit approved for construction (credit shall be provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance in accordance with Ord. 313 C.S. j.___ Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development in accordance with State mandate. k.___ Building Permit Fee, to be based on codes and rates in effect at the time of development in accordance 224 South Halcyon, Arroyo Grande CA Contextual photos of the site and adjacent properties, Arial of the project site looking east View of the proect site looking west from Halcyon Road Conditional Use Pemlit Subrnittal ATTACHMENT 1 of Grande 224 South Halcyon, Arroyo Grande CA View of the project looking north from Dodson Way Neighboring properties to the east on Wood Place Use Permit Submittal of Grande 224 South Halcyon, Arroyo Grande CA Property boarding the site's northerly boundary Conditional Use Permit of Grande FUNDING AGREEMENT THIS FUNDING AGREEMENT ("Agreement") is entered into as of FEB .04 tollj the "Effective Date") by and between the CITY OF ARROYO GRANDE, a California municipal corporation (the "City") and the HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO, a public agency, corporate and politic ("HASLO"). City and HASLO are collectively referred to as the"parties". RECITALS A. WHEREAS, I-IASLO provides programs and services to assist low and moderate income citizens in securing and maintaining housing in San Luis Obispo County. B. WHEREAS, City desires to enhance the availability of housing within the City of Arroyo Grande for low and moderate income citizens. C. WHREAS, HASLO has identified certain unimproved real property consisting of approximately 28,997 square feet and located at 224 South Halcyon, Arroyo Grande, California the"Property"), which may be suitable for an affordable housing development. D. WHEREAS, HASLO desires to purchase the Property for the purpose of pursuing an affordable housing development thereon. E. WHEREAS, City desires to provide funding to HASLO for the purchase of the Property, with the expectation that HASLO will subsequently pursue additional funding for the development of the Property. NOW THEREFORE, for and in consideration of the foregoing Recitals, which are incorporated herein by this reference, and the mutual covenants contained in this Agreement, the receipt and sufficiency of which are acknowledged, the parties to this Agreement agree as follows: I.HASLO shall enter into an agreement to purchase the Property from the owner thereof (the "Property Owner") for a purchase price of $600;000.00 (the "Purchase Price"). Upon opening of an escrow for the sale of the Property to HASLO (the "Escrow") City shall deliver Thirty Thousand Dollars ($30,000) (the "Deposit") to the escrow officer (the "Escrow Officer") handling the Escrow for immediate release to the Property Owner. 2.Upon HASLO's completion of its due diligence on the Property, HASLO shall decide whether to complete the purchase of the Property. Should HASLO decide to complete the purchase of the Property, HASLO shall provide written notice to City of said determination. Provided HASLO has provided to City said notification, and subject to the provisions of Section 2 and Section 3 below, then not less than five (5) business days prior to the close of the Escrow the"Close of Escrow), which is estimated to occur on or around July 15, 2014, City will deliver funds in the amount of Five Hundred Seventy Thousand Dollars ($570,000.00) (which, collectively with the Deposit, shall constitute the "City Funding") to the Escrow Officer. City's Page I of 8 ATTACHMENT 2 delivery of the City Funding shall be pursuant to written escrow instructions (the "Escrow Instructions") that instruct the Escrow Officer to (i) upon the Close of Escrow, record a Memorandum of Affordable Housing Restrictions and City Right to Acquire Property substantially in the form attached hereto and incorporated herein as Exhibit "A'' (the "Memorandum"), and (ii) carry out the activities of the Escrow Officer described in Section 3 below. 3. Notwithstanding anything to the contrary in this Agreement, with the exception of the Deposit, City's obligation to deliver all or any portion of the City Funding to the Escrow Officer shall not be effective or enforceable against City until such time as City's proposed use of the City Funding has been included in an approved, valid, and then-effective "recognized obligation payment schedule" ("ROPS") (as that tenn is defined in Health and Safety Code section 34171(h)). With respect to the foregoing, City agrees that it shall notify the Successor Agency to the Dissolved Redevelopment Agency of the City of Arroyo Grande of its intent to use the City Funding for the purposes set forth in this Agreement not less than twenty (20) days prior to the deadline for submittal of ROPS 14-15A, which· covers the period July I, 2014- December 31, 2014, to the Oversight Board to the Successor Agency to the Dissolved Redevelopment Agency of the City of Arroyo Grande for approval. In the event the City Funding has not been approved on a then-effective ROPS by July 15, 2015, City and HASLO shall meet and confer to detennine whether to extend the Escrow. In the event the event City and HALSO determine, each in their sole and absolute discretion, lo extend the Escrow, City acknowledges that City shall be obligated to pay and provide an additional Five Thousand Dollars ($5,000) (each, an "Extension Deposit") for each additional month by which the Escrow is extended beyond July 15, 2014. The Escrow Instructions shall instruct the Escrow Officer to apply the Deposit towards the Purchase Price. The Extension Deposits, if any, shall be consideration above and beyond, and shall not be applied towards, the Purchase Price. 4. Notwithstanding anything to the contrary in this Agreement, in the event that prior to the Close of Escrow City has not concluded the sale of that certain Promissory Note executed by Courtland Arroyo Grande, L.P., a California limited partnership, pursuant to that certain Note Purchase and Sale Agreement entered into between City and Meta Housing Corporation, a California corporation, then City shall provide the City Funding as follows: a. $500,000.00 shall be provided to HAS LO prior to the Close of Escrow. b. SI 00,000.00 shall be provided to HAS LO in four (4) installments of $25,000.00 each, to be delivered to HAS LO on or before the following dates: 1. First Installment: One year after the Close of Escrow. 11. Second Installment: Two years after the Close of Escrow. u1. Third Installment: Three years after the Close of Escrow iv. Fourth Installment: Four years after the Close of Escrow 5. HAS LO will use the City Funding only for the purchase of the Property. 6. After purchasing the Property, HASLO intends, either independently or through an affiliate non-profit organization (a "I-I AS LO Entity"), to pursue the development of a housing Page 2 of8 project on the Property (the "Housing Development .. ), which is currently anticipated to be a 15- unit apartment building whereby 50% of the apartments arc used for transitional housing (a "Transitional Housing Development"). Both parties agree that the definition of "transitional housing .. as used herein shall not conflict with the funding requirements of the Low Income Housing Tax Credit Program. The parties acknowledge that the exact scope and nature of the Housing Development may change in the future. The parties also acknowledge that due to extreme cutbacks in stale and federal affordable housing resources, HASLO may not be able to secure sufficient funding to build the desired Housing Development on the Property, and/or there may be other obstacles to completing the desired Housing Development. Notwithstanding the foregoing, HASLO agrees that if the Housing Development contemplated for development on the Property is anything other than a Transitional Housing Development, HASLO shall be required to obtain the prior written consent of City, which consent shall not be unreasonably withheld provided the Housing Development will be restricted to rental to and occupancy by low, very low, or extremely low income households pursuant to the "Regulatory Agreement'' (as that term is defined in Section 7 below). Notwithstanding anything to the contrary in this Agreement, the Housing Development shall comply with the income and rental requirements of Health and Safety Code section 34176. I (a)(3)(A). 7. Prior to development of the Housing Development, HASLO shall record or provide for the recordation of a regulatory a1,'l'eement against the Property that restricts the use of the Property, for a period of not less than fifty-five (55) years, to use as a Transitional Housing Development or other use approved by City pursuant to Section 6 above (the ;;Regulatory Agreement .. ). Prior to execution and rccordation of the Regulatory Agreement, City shall have the option of being a party to the Regulatory Agreement or being expressly designated as a third party beneficiary with the right, but not the obligation, to enforce the tem1s thereof. Notwithstanding City's election with respect to the foregoing options, City shall have the right to review and approve (which approval shall not be unreasonably withheld) the fonn of the Regulatory Agreement to ensure that it complies with the requirements of this Agreement. 8. In the event that by the date that is five (5) years after the Close of Escrow (the ;Transfer Date .. ), HASLO or the HASLO Entity has not obtained (i) all entitlements and other approvals required to develop the Housing Development on the Property (collectively, the ;;Development Approvals .. ), and (ii) funding commitments in amounts sufficient to develop the Housing Development in accordance with the Development Approvals (collectively, the ;,Funding Approvals"), then, subject to the tcnns of this paragraph, HAS LO agrees to transfer or to cause the transfer of fee title ownership of the Property to the City within four (4) months niter the Transfer Date. Within the six (6) month period prior to the Transfer Date, HASLO or the HASLO Entity may request additional time to obtain the Development Approvals and/or Funding Approvals. City shall reasonably consider any such request provided HASLO or the HAS LO Entity is diligently pursuing the obtainment of the Development Approvals and Funding Approvals. If HASLO or the HASLO Entity docs not request such additional time, and/or if HASLO or the HASLO Entity docs request such additional time but City disapproves such request, then on or before the Transfer Date HAS LO shall notify City, in writing, of its intent to transfer the Property to City CHASLO's Notice of Intent to Transfer"). Upon City's receipt of HASLO's Notice of Intent to Transfer, City shall have the right to elect not to acquire the Property, provided such election is made, in writing, within thirty (30) days after City receives Pnge 3 of8 HASLO's written notice of its intent to transfer the Property to City. Commencing on the date City receives HASLO's Notice of Intent to Transfer, City shall have a period of ninety (90) days (the "Investigation Period") to investigate the environmental condition of the Property and the condition of title to the Property. At any time during the Investigation Period, City may elect to refuse the transfer of the Property to City by providing written notice thereof to HASLO ("City's Refusal Notice"). If City docs not provide to 1-IASLO City's Refusal Notice prior to or on the expiration of the Investigation Period, then within thirty (30) days after the expiration of the Investigation Period the parties shall record a deed transferring fee title to the Property to City. As a condition to said transfer City may obtain, at City's sole cost, an ALTA owner's policy of title insurance on the Property. 9. If fee title ownership of the Property is transferred to City pursuant to Section 8 above, the Property shall be transferred in its then AS IS condition, with no representations or warranties of any kind, express or implied. except that any representations and/or warranties provided to HASLO by the Property Owner shall be transferred and assigned to City to the extent such represe1itations and/or warranties are assignable and still enforceable. Notwithstanding any of the foregoing, in the event of any such transfer to City, HAS LO agrees that the Property shall be free of any monetary liens or encumbrances other than the lien of taxes and assessments not yet due and payable, and free of any leases, use agreements, license agreements, or any other agreement granting a third party any rights with respect to the Property. I 0. If fee title ownership of the Property is transferred to City pursuant to Section 8 above, and City wishes to also obtain any entitlements, reports, architectural drawings, plans, specifications or other materials or intangibles relating to the use or development of the Property (collectively, the "Development Rights"), then City shall pay 1-IASLO its actual out-of-pocket costs incurred in connection with the Development Rights, which shall be paid concurrently with the transfer of title to the Property to the City. 11. If City declines to acquire the Property pursuant to Section 8 above, then upon request by 1-IASLO or the HAS LO Entity, City shall, within thirty (30) days of the request being made, execute, acknowledge, and deliver a quitclaim deed to HASLO or the HAS LO Entity, as applicable, and to execute, acknowledge, and deliver any other documents reasonably required by any title company to remove the cloud of the Memorandum of Acquisition Right and/or this Agreement from the Property. 12. The covenants established in this Agreement with respect to the use of the Property shall, without regard to technical classification and designation, be binding on the pan of HASLO and any successors and assigns to the Property or any part thereof, and the tenants, lessees, sublcssees and occupants of the Property, for the benefit of and in favor of City and its successors and assigns and any successor in interest' thereto and may be enforced by City and its successors and assigns. 13. Any notice or other communication required or pcm1ittcd to be delivered to any party under this Agreement shall be in writing and shall be deemed properly delivered, given and received when delivered (by hand, by registered mail, by reputable courier or overnight delivery service that provides a receipt with the time and date of delivery) to the address or set forth Page 4 of8 beneath the name of such party below (or to such other address as such party shall have specified in a written notice given to the other parties hereto): HAS LO: CITY: Housing Authority of the City of San Luis Obispo Attn: Scott Smith, Executive Director 487 Leff Street San Luis Obispo, CA 93406-1289 City of Arroyo Grande Attn: Steve Adams, City Manager 300 East Branch Street Arroyo Grande, CA 93420 14. This Agreement is not intended to and does not create a partnership, joint venture, emplo)~nent or agency relationship between the parties. 15. This Agreement may not be assigned or transferred by either party, without the prior written consent of the other, which may be given in the sole and absolute discretion of the party from whom consent is required. Any assignment or transfer made or attempted to be made in the absence of such prior written consent shall be null and void and shall confer no rights on the party to which such assignment or transfer was attempted to be made. 16. The parties agree that they will execute such other instruments and documents as are or may become necessary or convenient to carry out the intent and purposes of this Agreement. 17. Pursuit of any one remedy shall not preclude pursuit of any other remedies provided for herein or by law. No waiver of one violation of this Agreement shall be deemed or construed to constitute a waiver of any similar violations subsequently occurring, or any other violation whatsoever. 18. The Parties reserve to themselves the right to initiate and to pursue any legal action necessary to enforce the tenns of this Agreement. In the event of legal action, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable attorneys' fees and costs actually incurred, including expert witness fees. 19. No officer, official, member, employee, agent, or representative of City shall be personally liable to HAS LO, or any successor in interest lo HAS LO, in the event of any default or breach by City or for any amount which may become due to HAS LO or successor or on any obligations under the tenns of this Agreement. 20. No officer, official, member, employee, agent, or representative of HAS LO shall be personally liable to City, or any successor in interest to City, in the event of any default or breach by HASLO or for any amount which may become due to City or successor or on any obligations under the tenns of this Agreement. Page5of8 21. This Agreement will be construed in accordance with, and governed by, the laws of the State of California. 22. This instrument contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to this Agreement, and the rights, interests, understandings, agreements and obligations of the respective parties and their prior oral agreements. 23. Except as herein and otherwise expressly stipulated to the contrary, this Agreement shall be binding upon and inure to the benefit of the parties signatory hereto, and their respective heirs and successors. 24. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same Agreement. Facsimile and electronic copies of signatures shall be deemed to be originals. 25. If any one or more of the provisions contained in this Agreement are held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and the intent manifested thereby shall be recognized. 26. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, other than the parties hereto and their respective heirs and successors, any legal or equitable rights, remedy or claim under or in respect to this Agreement, or any provisions herein contained. 27. This Agreement may not be amended, altered or modified except by a written instrument, signed by all of the parties. 28. Time is agreed to be of the essence with respect to this Agreement. 29. The execution, delivery and perfonnance of this Agreement by the undersigned have been duly and validly authorized by all necessary actions and proceedings, and no further action or authorization is necessary on the part of any party in order to consummate the transactions contemplated herein. {Signa/llres appear 011 the.following page] Pnge 6 of8 IN WITNESS WHEREOF, the parties have duly executed this Agreement. CITY: By: Date: z.../j.J..0 1"/ Print Name: Title: HAS LO: HOUSING AUTHORITY OF TI-IE CITY OF SAN LUIS OBISPO ~c1 }'"'.:;:::<:=~ By: Date: '7'/'1"1L Print Nam \:.__:::=.,L.'""-LL,,,___,_"""--.:....:...:-'-='------ Ti tie: tv ~-<.A..-h V/'. ))/µ_Ttzv-- Page 7 of8 EXHIBIT "A" LEGAL DESCRIPTION OF SITE PARCEL 1 AT 224 S. HALCYON ROAD ALL THAT CERTAIN PROPERTY SITUATED IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 106 OF THE SUBDIVISION OF RANCHOSE CORRAL DE PIEDRA, PISMO AND BOLSA DE CHEMISAL, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF CIENEGA ROAD (NOW HALCYON ROAD) DISTANT THEREON SOUTH 0°08' WEST, 57.5 FEET FROM STAKE S.4 AS SHOWN ON MAP OF FOLSOM TRACT FILED FOR RECORD SEPTEMBER 26, 1891, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89° 52' WEST, 239.65 FEET TO THE WEST LINE OF THE PROPERTY CONVEYED TO ADDISON B. WOOD, ET US., BY DEED DATED MAY 2, 1960 AND RECORDED MAY 18, 1950 IN BOOK 565, PAGE 86 OF OFFICIAL RECORDS; THENCE SOUTH 0° 08' WEST ALONG THE WESTERLY LINE OF THE PROPERTY SO CONVEYED 100 FEET TO THE NORTHWEST CORNER OF THE PROPERTY CONVEYED TO JAMES BROWN, ET US., BY DEED DATED AUGUST 7, 1951 AND RECORDED AUGUST 21, 1951 IN BOOK 623, PAGE 186 OF OFFICIAL RECORDS; THENCE NORTH 89° 42' EAST ALONG THE NORTHERLY LINE OF THE PROPERTY SO CONVEYED 100 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 89° 52' EAST, 64.65 FEET TO THE SOUTHWEST CORNER OF THE PROPERTY CONVEYED TO ADDISON B. WOOD ET UX., BY DEED DATED MARCH 27, 1952 AND RECORDED APRIL 1, 1952 IN BOOK 651, PAGE 572 OF OFFICIAL RECORDS. THENCE NORTH 0° 08' EAST ALONG THE WESTERLY LINE OF THE PROPERTY CONVEYED 100 FEET TO THE NORTHWEST CORNER THEREOF; THENSE SOUTH 89° 52' EAST ALONG THE NORTHERLY LINE OF THE PROPERTY CONVEYED TO WOOD, AS AFORESAID, 75 FEET TO THE EASTERLY LINE OF CIENEGA ROAD (NOW HALCYON ROAD); THENCE NORTH 0° 08' EAST ALONG SAID EASTERLY LINE 100 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND IN DEED TO THE CITY OF ARROYO GRANDE, RECORDED NOVEMBER 25, 1964 IN BOOK 1325, PAGE 698 OF OFFICIAL RECORDS. EXHIBIT A RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 Attn: City Clerk (SPACE ABOVE THIS LINE FOR RECORDER'S USE) ·rhis Me1norandu1n of City RighL to Acquire Property is recorded at Lhe request and for the benefit of the City of Arroyo Grande and is exe1npt fro1n the pny1nent of a recording fee pursuant to Govcnunent Code Section 27383. MEMORANDUM OF AFFORDABLE HOUSING RESTRICTIONS AND CITY RIGHT TO ACQUIRE PROPERTY This MEMORANDUM OF AFFORDABLE HOUSING RESTRICTIONS AND CITY RIGHT TO ACQUIRE PROPERTY ("Memorandum'') is entered into this _ day of ________ ,by and between the CITY OF ARROYO GRANDE, a California municipal corporation (""City"), and the HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO, a public body, corporate and politic ("HAS LO"). This Memorandum is made with reference to the following: I. HASLO is the owner of that certain real property located in the City of Arroyo Grande, County of San Luis Obispo, Stale of California, more particularly described in the legal description attached hereto as Exhibit "A" and incorporated herein by this reference ("Site"). 2. On or about , HASLO and City entered into that certain Funding Agreement (''Agreement"), pursuant lo which City ai,'!"eed to provide financial assistance to 1-IASLO to enable HAS LO to acquire the Site for purposes of developing thereon an affordable housing project. 3. The Agreement provides (i) for HASLO or an affiliate non-profit organization (a "HASLO Affiliate") to develop affordable housing on the Property in compliance with the tenns of the Agreement and record an affordable housing regulatory agreement against the Property, or (ii) HAS LO or, (ii) if a HAS LO Affiliate owns the Property, for the HAS LO Affiliate to transfer fee ownership of the Property to City if certain approvals have not been obtained within the timcframes set forth therein. 4. The Agreement further provides for HASLO and City to enter into this Memorandum and lo record the same in the Official Records of San Luis Obispo County, California, to provide notice to all persons of the existence of said Agreement, which Agreement is binding on HAS LO and HASLO's successors-in-interest as to the Site. 882/0214&4-000S bb02301.2 100100100 4. This Memorandu111 is not intended as a full description of the terms and conditions of the Agreement. This Memorandu111 shall not replace, alter, or modify any tenn or condition set forth in the Ai,'feement, nor shall it be used to interpret the tenns and conditions of the Agreement. 5. This Memorandu111 111ay be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, notwithstanding that both parties arc not signatories to the original or the same counterpart. IN WITNESS WHEREOF, City and HAS LO have entered into this Mc111orandu111 as of the date first set forth above. 882J0214R4·000S b602J01,2 D00/()()100 "CITY" CITY OF ARl~OYO GRANDE, a California municipal corporation Its:------------------ "AUTHORITY" HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO, a public body, corporate and politic Print Na111e: ------------- Its:---------------- -2- State ofCalifomia County of ----------- ) ) On ------------' before me, ----,-----,--,,..,--...,..,--,.,----- (inscn numc and title of the ofiiccr) Notary Public, personally appeared------------------------' who proved to me on the basis of satisfactory evidence to be the person(s) whose namc(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________ _ State ofCalifomia County of __________ _ ) ) (Seal) On ____________ ,before1ne, ___ -.,-----,-,---,--,..,.----- <inscrt na1nc and title of1hc officer) Notary Public, personally appeared------------------------ who proved to me on the basis of satisfactory evidence to be the person(s) whose namc(s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the pcrson(s), or the entity upon behalf of which the pcrson(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________ _ 882/021484.000S 6602301.2 aoo100100 -3- (Seal) EXHIBIT "A" LEGAL DESCRIPTION OF SITE PARCEL 1 AT 224 S. HALCYON ROAD ALL THAT CERTAIN PROPERTY SITUATED IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 106 OF THE SUBDIVISION OF RANCHOSE CORRAL DE PIEDRA, PISMO AND BOLSA DE CHEMISAL, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF CIENEGA ROAD (NOW HALCYON ROAD) DISTANT THEREON SOUTH 0°08' WEST, 57.5 FEET FROM STAKE S.4 AS SHOWN ON MAP OF FOLSOM TRACT FILED FOR RECORD SEPTEMBER 26, 1891, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89° 52' WEST, 239.65 FEET TO THE WEST LINE OF THE PROPERTY CONVEYED TO ADDISON B. WOOD, ET US., BY DEED DATED MAY 2, 1960 AND RECORDED MAY 18, 1950 IN BOOK 565, PAGE 86 OF OFFICIAL RECORDS; THENCE SOUTH 0° 08' WEST ALONG THE WESTERLY LINE OF THE PROPERTY SO CONVEYED 100 FEET TO THE NORTHWEST CORNER OF THE PROPERTY CONVEYED TO JAMES BROWN, ET US., BY DEED DATED AUGUST 7, 1951 AND RECORDED AUGUST 21, 1951 IN BOOK 623, PAGE 186 OF OFFICIAL RECORDS; THENCE NORTH 89° 42' EAST ALONG THE NORTHERLY LINE OF THE PROPERTY SO CONVEYED 100 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 89° 52' EAST, 64.65 FEET TO THE SOUTHWEST CORNER OF THE PROPERTY CONVEYED TO ADDISON B. WOOD ET UX., BY DEED DATED MARCH 27, 1952 AND RECORDED APRIL 1, 1952 IN BOOK 651, PAGE 572 OF OFFICIAL RECORDS. THENCE NORTH 0° 08' EAST ALONG THE WESTERLY LINE OF THE PROPERTY CONVEYED 100 FEET TO THE NORTHWEST CORNER THEREOF; THENSE SOUTH 89° 52' EAST ALONG THE NORTHERLY LINE OF THE PROPERTY CONVEYED TO WOOD, AS AFORESAID, 75 FEET TO THE EASTERLY LINE OF CIENEGA ROAD (NOW HALCYON ROAD); THENCE NORTH 0° 08' EAST ALONG SAID EASTERLY LINE 100 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND IN DEED TO THE CITY OF ARROYO GRANDE, RECORDED NOVEMBER 25, 1964 IN BOOK 1325, PAGE 698 OF OFFICIAL RECORDS. ATTACHMENT 3 ACTION MINUTES REGULAR MEETING OF THE ARCHITECTURAL REVIEW COMMITTEE MONDAY, DECEMBER 18, 2017 ARROYO GRANDE CITY HALL, 300 EAST BRANCH STREET ARROYO GRANDE, CA 1. CALL TO ORDER Chair Warren Hoag called the Regular Architectural Review Committee meeting to order 2:30 p.m. 2. ROLL CALL ARC Members: Chair Warren Hoag, Vice Chair Bruce Berlin, an Committee Members Mary Hertel and Keith Storton were pre;,sent. Committee Member Colleen Kubel was absent. / City Staff Present: Planning Manager Matt Downing, Associate lanner Kelly Heffernan, Planning Technician Sam Anderson, and lanning Intern Christopher Turner were present. 3. FLAG SALUTE Chair Hoag led the Flag Salute. 4. AGENDA REVIEW None. 5. COMMUNITY COMMENTS AND GGESTIONS None. The Committee received t following material after the preparation of the agenda: 1. Memo date December 18, 2017 from Associate Planner Kelly Heffernan regardin genda Item 8.a. 7. Committee ember Storton made a motion, seconded by Vice Chair Berlin, to approve the Novemb 20, 2017 minutes as submitted. The motion passed on the following voice vote: AY S: OES: ABSENT: Berlin, Hertel, Hoag, Storton None Kube I 8. PROJECTS 8.a. CONSIDERATION OF CONDITIONAL USE PERMIT 17-003; MIXED USE DEVELOPMENT INCLUDING AN EXISTING OFFICE BUILDING AND CONSTRUCTION OF TWENTY (20) AFFORDABLE APARTMENT UNITS WITH A COMMUNITY ROOM; LOCATION -224 SOUTH HALCYON ROAD; APPLICANT -HOUSING AUTHORITY OF SAN LUIS OBISPO (HASLO); REPRESENTATIVE -RRM DESIGN GROUP (Heffernon) Minutes: ARC PAGE2 Monday, December 18, 2017 Associate Planner Heffernan presented the staff report and responded to questions regarding density requirements detailed in the supplemental memo, public notification requirements, and the applicability of a traffic study. Representatives Scott Smith and Michael Burke from HASLO, and Scott Martin and Darin Cabral from RRM Design Group spoke in support of the project and responded to questions regarding resident parking, off-street guest parking, the number of residents expected to live in the complex, location of trash enclosures, lighting in the patio area, proximity of the project to bus stops, the purpose of the community room, access for fire trucks, landscaping, inclusion of artificial turf, the existing oak tree, drainage, removal of street trees, and inclusion of a project name or monument sign. The Committee spoke in support of the project and commended the architectural style and layout of the project as well as the use of permeable pavement. The Committee expressed concerns regarding overflow parking along Dodson Way, the use of Thuja occidentalis, Carpenteria californica, Zauschneria californica, and Acer rubrum in the landscape plan, and that the apartment portion of the project is one continuous building; however, the building is well articulated Vice Chair Berlin made a motion, seconded by Committee Member Hertel, to recommend approval of the project to the Planning Commission as submitted, with suggested consideration of a lighting plan for the common areas and adjustments to the landscape pallet. The motion passed on the following voice vote: AYES: NOES: ABSENT: Berlin, Hertel, Hoag, Storton None Kube I 8.b. CONSIDERATION OF VIEWSHED REVIEW 17-011; NEW 1,095 SQUARE FO ADDITION INCLUDING A 390 SQUARE FOOT SECOND STORY COMPO NT; LOCATION -332 SOUTH MASON STREET; APPLICANT -DOUGLA DUNN (Anderson) Planning Technician Anderson presented the staff report, explai d alterations to the submitted project, and responded to questions regarding differentiation between the new and historic portions of th tructure, and fence height regulations. / Applicant Douglass Dunn spoke in support of JA~oject and responded to questions regarding landscaping on the rear of the structure', intentions to repaint the entire house, and the color scheme. / The Committee spoke in support ~project and appreciated the scale and architectural detail. Committee Member Sj:G on made a motion, seconded by Vice Chair Berlin, to recommend approval of the p#ct to the Community Development Director as submitted. The motion passed on the JB"lfowing voice vote: ,,/// AYES/ Berlin, Hertel, Hoag, Storton NQES: None ,ABSENT: Kube I Excerpts from the California Building Code (Chapters 11A and 11B) Chapter 11A 1104A.1 General. All ground-floor dwelling units in nonelevator buildings shall be adaptable and on an accessible route, unless an accessible route is not required as determined by site impracticality provisions in Section 1150A. For buildings with elevators, see Section 1106A. Chapter 11B 11B-206.2.3 Multi-story buildings and facilities. At least one accessible route shall connect each story and mezzanine in multi-story buildings and facilities. Exceptions: 4. In residential facilities, an accessible route shall not be required to connect stories where residential dwelling units with mobility features required to comply with Sections 11B-809.2 through 11B-809.4, residential dwelling units with adaptable features complying with Chapter 11A, Division IV, all common use areas serving residential dwelling units with mobility features required to comply with Sections 11B-809.2 through 11B-809.4, all common use areas serving residential dwelling units with adaptable features complying with Chapter 11A, Division IV, and public use areas serving residential dwelling units are on an accessible route. 11B-233.3.1.2 Residential dwelling units with adaptable features. In public housing facilities with residential dwelling units, adaptable residential dwelling units complying with Chapter 11A, Division IV – Dwelling Unit Features shall be provided as required by Sections 11B- 233.3.1.2.1 through 11B-233.3.1.2.5. Adaptable residential dwelling units shall be on an accessible route as required by Section 11B-206. Exception: The number of required adaptable residential dwelling units shall be reduced by the number of units required by Section 11B-233.3.1.1. 11B-233.3.1.2.1 Elevator buildings. Residential dwelling units on floors served by an elevator shall be adaptable. 11B-233.3.1.2.2 Non-elevator buildings. Ground floor residential dwelling units in non-elevator buildings shall be adaptable. 11B-233.3.1.2.3 Ground floors above grade. Where the first floor in a building containing residential dwelling units is a floor above grade, all units on that floor shall be adaptable. Exception: In non-elevator buildings, a minimum of 10 percent but not less than one of the ground floor multi-story residential dwelling units shall comply with Section 11B-233.3.1.2.4, calculated using the total number of multi-story residential dwelling units in buildings on a site. ATTACHMENT 4 1/10/2018 Home Bill Text -AB-678 Housing Accountability Act. ATTACHMENT 5 F TNFClR /\TT Bill Information California Law Publications Other Resources My Subscriptions My Favorites AB-678 Housing Accountability Act. (2017-2018) SHARE THIS: Date Published: 09/29/2017 09:00 PM Assembly Bill No. 678 CHAPTER373 An act to amend Section 65589.5 of the Government Code, relating to housing. [Approved by Governor September 29, 2017. Filed with Secretary of State September 29, 2017. J LEGISLATIVE COUNSEL'S DIGEST AB 678, Bocanegra. Housing Accountability Act. (1) The Housing Accountability Act, among other things, prohibits a local agency from disapproving 1 or conditioning approval in a manner than renders infeasible 1 a housing development project for very low, low-1 or moderate-income households or an emergency shelter unless the local agency makes specified written findings based upon substantial evidence in the record. This bill would require the findings of the local agency to instead be based on a preponderance of the evidence in the record. (2) The act authorizes a local agency to disapprove or condition approval of a housing development or emergency shelter1 as described above, if1 among other reasons, the housing development project or emergency shelter is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete 1 and the jurisdiction has adopted a revised housing element in accordance with specified law. This bill would specify that a change to the zoning ordinance 01· general plan land use designation subsequent to the date the application was deemed complete does not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter. (3) The act defines various terms fo1· purposes of its provisions 1 including the term "housing development project," which is defined as a project consisting either of residential units only, mixed-use developments consisting of residential and nonresidential units, or transitional housing or supportive housing. For a mixed-use development for these purposes 1 the act requires that nonresidential uses be limited to neighborhood commercial uses 1 as defined 1 and to the first floor of buildings that are 2 or more stories. This bill would instead require 1 with respect to mixed-use developments1 that 2/3 of the square footage be designated for residential use. ( 4) If a local agency proposes to disapprove a housing development project that complies with applicable, objective general plan and zoning standards and criteria, or to approve it on the condition that it be developed at a lower density, the act requires that the local agency base its decision upon written findings supported by substantial evidence on the record that specified conditions exist. httn~·//lan;nf" lon;c1,.1i 1ro "" nnv/farp,:;/hillTP.xtClient.xhtm\?bill id=201720180AB678 1/14 1/10/2018 Bill Text -AB-678 Housing Accountability Act. This bill would specify that a housing development project or emergency shelter-is deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision for purposes of the above-described provisions if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistenl, compliant, 01-in conformity. The bill, if the local agency considers the housing development project to be inconsistent, not in compliance, or not in conformity, would require the local agency to provide the applicant with written documentation identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance, or not in conformity within specified time periods. If the local agency fails to provide this documentation, the bill would provide that the housing development project would be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar-provision. By requiring local agencies to provide documentation related to disapprovals of housing development projects, this bill would impose a state- mandated local program. ( 5) The act authorizes the project applicant, a person who would be eligible to apply for residency in the development or emergency shelter, or a housing organization, as defined, to bring an action to enforce its provisions. This bill would entitle a housing organization to reasonable attorney's fees and costs if it is the prevailing party in an action to enforce the act. (6) If a court finds that the local agency disapproved, or conditioned approval in a manner that renders infeasible the project or emergency sl1elter or housing for very low, low-, 01-moderate-income households without making the required findings or without making sufficient findings, the act requires the court to issue an order or judgment compelling compliance with its provisions within 60 days, including an order that the local agency take action on the development project or emergency shelter and awarding attorney's fees and costs. This bill would additionally require the court to issue an order compelling compliance with the act, as described above, if it finds that either the local agency, in violation of a specified provision of the act, disapproved or conditioned approval of a housing development project in a manner rendering it infeasible for-the development of an emergency shelter or certain housing without making the required findings or without making findings supported by a preponderance of the evidence, or, the local agency, in violation of another specified provision of the act, disapproved a housing development project complying with specified standards and criteria or imposed a condition that the project be developed at a lower density, without making the required findings or without making findings supported by a preponderance of the evidence. The bill would authorize the court to issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development project or emergency shelter in violation of the act. (7) The act authorizes the court to impose fines if it finds that a local agency acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter and failed to carry out the court's order or judgment compelling compliance within 60 days of the court's judgment. The act requires that the fines be deposited into a housing trust fund and committed for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, 01-low-income households. This bill, upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with these provisions within 60 days, would instead require the court to impose fines, as described above, in every instance in which the court determines that the local agency disapproved, or conditioned approval in a manner· that renders infeasible, the housing development project or emergency shelter without making the required findings or without making sufficient findings. The bill would require that the fine be in a minimum amount of $10,000 per housing unit in the housing development project on the date the application was deemed complete. In determining the amount of fine to impose, the bill would require the court to consider the local agency's progress in attaining its target allocation of the regional housing need and any prior violations of the act. The bill would authorize the local agency to instead deposit the fine into a specified state fund, and would also provide that any funds in a local housing trust fund not expended after 5 years would revert to the state and be deposited in that fund, to be used, upon appropriation by the Legislature, for financing newly constructed housing units affordable to extremely low, very low, or low-income households. If the local agency has acted in bad faith and failed to carry out the court's 01-der, as described above, the bill would require the court to multiply the fine by a factor of 5. This bill would also require that a petition to enforce the act be filecl ancl se1-vecl no late1-than 90 days from the lciter of (ci\ the effective date of a decision of the locai agency imposing conditions on. disapproving, or takrn~1 1.-..-1-+ ....... 111 ......... : .... .i: .... 1 ........ :"1 .... +. , .. ,.,. ,..,... ,..,...\IJf~,-..o.<"lhillTovtr'liont vhtml?hill irf=?n17?01 RJlARh7R 2/14 1/10/2018 Bill Text -AB-678 Housing Accountability Act. any other final action on a housing development project or (b) the expiration of certain time periods specified in the Permit Streamlining Act. (8) In order to obtain appellate 1·eview of a trial court's order, the act requires a party to file a petition within 20 days after service upon it of a written notice of the entry of the order, 01· within such further time not exceeding an additional 20 days as the trial court may for good cause allow. This bill would allow a party to instead appeal a trial court's order or judgment to tl1e court of appeal pursuant to specified law. (9) This bill would make various technical and conforming changes to the Housing Accountability Act. (10) This bill would incorporate additional changes to Section 65589.5 of the Government Code proposed by AB 1515 to be operative only if this bill and AB 1515 are enacted and this bill is enacted last. (11) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act fo1· a specified reason. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65589.5 of the Government Code is amended to read: 65589.5. (a) The Legislature finds and declares all of the following: (1) The lack of housing, including emergency shelters, is a critical problem that threatens the economic, environmental, and social quality of life in California. (2) California housing has become the most expensive in the nation. The excessive cost of the state's housing supply is partially caused by activities and policies of many local governments that limit the approval of housing, increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing. (3) Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration. ( 4) Many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of housing development projects, reduction in density of housing projects, and excessive standards for housing development projects. (b) It is the policy of the state that a local government not reject or make infeasible housing development projects, including emergency shelters, that contribute to meeting the need determined pursuant to this article without a thorough analysis of the economic, social, and environmental effects of the action and without complying with subdivision (d). (c) The Legislature also recognizes that premature and unnecessary development of agricultural lands for urban uses continues to have adverse effects on the availability of those lands for food and fiber production and on the economy of the state. Furthermore, it is the policy of the state that development should be guided away from prime agricultural lands; therefore, in implementing this section, local jurisdictions should encourage, to the. maximum extent practicable, in filling existing urban areas. (d) A local agency shall not disapprove a housing development project, including farmworker housing as defined in subdivision (h) of Section 50199. 7 of the Health and Safety Code, fo1· very low, low-, 01· moderate-income households, or an emergency shelter, or condition approval in a manner that 1·enders the housing development project infeasible fo1· development fo1· the use of very low, low-1 01· moderate-income households, or an emergency shelter, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following: ( 1) The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met m exceeded its share of the regional housinQ neecl allocation pursuant to Section 6558'1 for the plann1nQ periocl fo1· the income 3/14 1/10/2018 Bill Text -AB-678 Housing Accountability Act. category proposed fo1· the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards. (2) The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. (3) The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low-and moderate-income households or rendering the development of the emergency shelter financially infeasible. · ( 4) The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project. (5) The housing development project or emergency shelter is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article. For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter. (A) This paragraph cannot be utilized to disapprove or conditionally approve a housing development project if the housing development project is proposed on a site that is identified as suitable or available for very low, low-, 01· moderate-income households in the jurisdiction's housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation. (B) If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels pursuant to Section 65584, then this paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed for a site designated in any element of the general plan for residential uses or designated in any element of the general plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations. In any action in court, the burden of proof shall be on the local agency to show that its housing element does identify adequate sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency's share of the regional housing need for the very low, low-, and moderate-income categories. (C) If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use 01· othe1· discretionary permit, l1as failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelte1· identified in paragraph (7) of subdivision (a) of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by paragraph (4) of subdivision (a) of Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4 ! of subd1v1sion (a': of Section 6558::0 4/14 1/10/2018 Bill Text -AB-678 Housing Accountability Act. (e) Nothing in this section shall be construed to relieve the local agency from complying with the congestion management program required by Chapter 2.6 (commencing with Section 65088) of Division 1 of Title 7 or the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Neither shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (f) ( 1) Nothing in this section shall be construed to prohibit a local agency from requiring the housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction's share of the regional housing need pursuant to Section 65584. However, the development standards, conditions, and policies shall be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development. (2) Nothing in this section shall be construed to prohibit a local agency from requiring an emergency shelter project to comply with objective, quantifiable, written development standards, conditions, and policies that are consistent with paragraph ( 4) of subdivision (a) of Section 65583 and appropriate to, and consistent with, meeting the jurisdiction's need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. However, the development standards, conditions, and policies shall be applied by the local agency to facilitate and accommodate the development of the emergency shelter project. (3) This section does not prohibit a local agency from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to the housing development project 01- emergency shelter. (g) This section shall be applicable to charter cities because the Legislature finds that the lack of housing, including emergency shelter, is a critical statewide problem. (h) The following definitions apply for-the purposes of this section: (1) "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (2) "Housing development project" means a use consisting of any of the following: (A) Residential units only. (B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use. (C) Transitional housing or supportive housing. (3) "Housing for very low, low-, or moderate-income households" means that either (A) at least 20 percent of the total units shall be sold or rented to lower income households, as definecl in Section 50079.5 of the Health and Safety Code, 01-(B) 100 percent of the units shall be sold or rentecl to persons ancl families of moderate income as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income, as defined in Section 65008 of this code. Housing units targeted for lowei-income households shall be made available at a monthly housing cost that does not exceed 30 percent of 60 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the lower income eligibility limits are based. Housing units targeted for persons and families of moderate income shall be made available at a monthly housing cost that does not exceed 30 percent of 100 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the moderate-income eligibility limits are based. ( 4) "Area median income" means area median income as periodically established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code. The developer shall provide sufficient legal commitments to ensure continued availability of units for very low or low-income households in accordance with the provisions of this subdivision for 30 year-s. (5) "Disapprove the housing development project" includes any instance rn which a local agency does either of the following: (A) Votes on a proposed housrng development project application ancl the application rs disapproved, including anv requrrecl iancl use approvals 01 entitlements necessary tor the issuance of a buildi119 perrnit 5/14 1/10/2018 Bill Text -AB-678 Housing Accountability Act. (B) Fails to comply with the time periods specified in subdivision (a) of Section 65950. An extension of time pursuant to Article 5 (commencing with Section 65950) shall be deemed to be an extension of time pursuant to this paragraph. (i) If any city, county, or city and county denies apprnval or imposes conditions, including design changes, lower density, or a reduction of the percentage of a lot that may be occupied by a building or structure under the applicable planning and zoning in force at the time the application is deemed complete pursuant to Section 65943, that have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, and the denial of the development or the imposition of conditions on the development is the subject of a court action which challenges the denial or the imposition of conditions, then the burden of proof shall be on the local legislative body to show that its decision is consistent with the findings as described in subdivision ( d) and that the findings are supported by a preponderance of the evidence in the record. For purposes of this section, "lower density" includes any conditions that have the same effect or impact on the ability of the project to provide housing. (j) (1) When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project's application is determined to be complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist: (A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lowe1· density. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (2) (A) If the local agency considers a proposed housing development project to be inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision as specified in this subdivision, it shall provide the applicant with written documentation identifying the provision 01· provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance, or not in conformity as follows: (i) Within 30 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains 150 or fewer housing units. (ii) Within 60 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units. (B) If the local agency fails to provide the required documentation pursuant to subparagraph (A), the housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or othe1· similar provision. (3) For purposes of this section, the receipt of a density bonus pursuant to Section 65915 shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other simila1· provision specified in this subdivision. ( 4) Fo1· purposes of this section, "lower density" includes any conditions that have the same effect or impact on the ability of the project to provide housing. (k) (l) (A) The applicant, a person who would be eligible to apply for residency in the development or emergency shelter, or a housing organization may bring an action to enforce this section. If, in any action brought to enforce this section, a court finds that either (i) the local agency, in violation of subdivision (cl), disapproved a housing development project or conditioned its approval in a manne1· rendering it infeasible fo1· the development of an emergency shelte1·, or housing fo1· very low, low-, or moderate-income households, including farmworke1· housing, without making tile findings required by this section 01· without n1aking findings supported by a preponderance of the evidence, 01 (ii; the local agency in violalio11 of subdivision (j). ci1sapprovecl a housing -'-1-L ... _ ----•• IL----ti....:u-r ... .,ir"'l:.-...-..1-vhl-ml'?hill i.-1-')()17')()1Q(),l\R_t:;,7R 6/14 1/10/2018 Bill Text -AB-678 Housing Accountability Act. development project complying with applicable, objective gene1-al plan and zoning standards and ci-iteria, or imposed a condition that the project be developed at a lower density, without making the findings required by this section or without making findings supported by a preponderance of the evidence, the court shall issue an order or judgment compelling compliance with this section within 60 days, including, but not limited to, an order that the local agency take action on the housing development project or emergency shelter. The court may issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section. The court shall retain jurisdiction to ensure that its order or judgment is carried out and shall award reasonable attorney's fees and costs of suit to the plaintiff or petitioner, except unde1· extraordinary circumstances in which the court finds that awarding fees would not further the purposes of this section. For purposes of this section, "lower density" includes conditions that have the same effect or impact on the ability of the project to provide housing. (B) (i) Upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with this section within 60 days issued pursuant to subparagraph (A), the court shall impose fines on a local agency that has violated this section and require the local agency to deposit any fine levied pursuant to this subdivision into a local housing trust fund. The local agency may elect to instead deposit the fine into the Building Homes and Jobs Fund, if Senate Bill 2 of the 2017-18 Regular Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund. The fine shall be in a minimum amount of ten thousand dollars ($10,000) per housing unit in the housing development project on the date the application was deemed complete pursuant to Section 65943. In determining the amount of fine to impose, the court shall consider the local agency's progress in attaining its target allocation of the regional housing need pursuant to Section 65584 and any prior violations of this section. Fines shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the money in the local housing trust fund within five years for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. After five years, if the funds have not been expended, the money shall revert to the state and be deposited in the Building Homes and Jobs Fund, if Senate Bill 2 of the 2017-18 Regular Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund, for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. (ii) If any money derived from a fine imposed pursuant to this subparagraph is deposited in the Housing Rehabilitation Loan Fund, then, notwithstanding Section 50661 of the Health and Safety Code, that money shall be available only upon appropriation by the Legislature. (C) If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled, including, but not limited to, an order to vacate the decision of the local agency and to approve the housing development project, in which case the application for the housing development project, as proposed by the applicant at the time the local agency took the initial action determined to be in violation of this section, along with any standard conditions determined by the court to be generally imposed by the local agency on similar projects, shall be deemed to be approved unless the applicant consents to a different decision or action by the local agency. (2) For purposes of this subdivision, "housing organization" means a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the housing development project. A housing organization may only file an action pursuant to this section to challenge the disapproval of a housing development by a local agency. A housing organization shall be entitled to reasonable attorney's fees and costs if it is the prevailing party in an action to enforce this section. (I) If the court finds that the local agency ( 1) acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section and (2) failed to cany out the court's order or judgment within 60 days as described in subdivision (k), the court, in addition to any othe1-remedies provided by this section, shall multiply the fine determined pursuant to subparagraph (B) of paragraph (1) of subdivision (k) by a factor of five. Fo1-purposes of this section, "bad faith" includes, but is not limited to, an action that is frivolous or otherwise entirely without merit. 7/14 1/10/2018 Bill Text -AB-678 Housing Accountability Act. (m) Any action brought to enforce the provisions of this section shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure, and the local agency shall prepare and certify the record of proceedings in accordance with subdivision (c) of Section 1094.6 of the Code of Civil Procedure no later than 30 days after-the petition is served, provided that the cost of preparation of the record shall be borne by the local agency, unless the petitioner elects to prepare the record as provided in subdivision (n) of this section. A petition to enforce the provisions of this section shall be filed and served no later than 90 clays from the later of ( 1) the effective date of a decision of the local agency imposing conditions on, clisapprovrng, or any other final action on a housing development project 01-(2) the expiration of the time periods specified in subparagraph (8) of paragraph (5) of subdivision (h). Upon entry of the trial court's order, a party may, in order to obtain appellate review of the order-, file a petition within 20 clays after service upon it of a written notice of the entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow, or may appeal the judgment or-order of the trial court under Section 904.1 of the Code of Civil Procedure. If the local agency appeals the judgment of the trial court, the local agency shall post a bond, in an amount to be determined by the court, to the benefit of the plaintiff if the plaintiff is the project applicant. (n) In any action, the record of the proceedings before the local agency shall be filed as expeditiously as possible and, notwithstanding Section 1094.6 of the Code of Civil Prncedure or-subdivision (m) of this section, all or part of the record may be prepared (1) by the petitioner with the petition or petitioner's points and authorities, (2) by the respondent with respondent's points and authorities, (3) after payment of costs by the petitioner, or ( 4) as otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs. (o) This section shall be known, and may be cited, as the Housing Accountability Act. SEC. 1.5. Section 65589.5 of the Government Code is amended to read· 65589.5. (a) (1) The Legislature finds and declares all of the following: (A) The lack of housing, including emergency shelters, is a critical problem that threatens the economic, environmental, and social quality of life in California. (B) California housing has become the most expensive in the nation. The excessive cost of the state's housing supply is partially caused by activities and policies of many local governments that limit the approval of housing, increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing. (C) Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration. (D) Many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of housing development projects, reduction in density of housing projects, and excessive standards for housing development projects. (2) In enacting the amendments made to this section by the act adding this para9raph 1 the Legislature further- finds and declares the following: (A) California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for worker-s and businesses, worsening poverty and homelessness, and undermining the state's environmental and climate objectives. (B) While the causes of this crisis are multiple and complex, the absence of meaningful and effective policy reforms to significantly enhance the approval and supply of housing affordable to Californians of all income levels is a key factor-. (C) The crisis has grown so acute in California that supply, demand, and affordability fundamentals are characterized in the negative: underserved demands, constrained supply, and protracted unaffordability. (D) According to r-eports and data, California has accumulated an unmet housing backlog of nearly 2,000,000 units and must provide for at least 180,000 new units annually to keep pace with growth through 2025. (E) California's ove1-all homeownership 1-ate is at its lowest level since the 1940s. The st0te ranks 49th out of the 50 states ir homeownership rates as well 0s in the supplv ot housrno per-cilpita. Only half of California's A/1LI 1/10/2018 Bill Text -AB-678 Housing Accountability Act. households are able to afford the cost of housing in their local regions. (F) Lack of supply and rising costs are compounding inequality and limiting advancement opportunities for many Californians. (G) The majority of California renters, more than 3,000,000 households, pay more than 30 percent of their income toward rent and nearly one-third, more than l,500,000 households, pay more than 50 percent of their income toward rent. (H) When Californians have access to safe and affordable housing, they have more money for food and health care; they are less likely to become homeless and in need of government-subsidized services; their children do better in school; and businesses have an easier time recruiting and retaining employees. (I) An additional consequence of the state's cumulative housing shortage is a significant increase in greenhouse gas emissions caused by the displacement and redirection of populations to states with greater housing opportunities, particularly working-and middle-class households. California's cumulative housing shortfall therefore has not only national but international environmental consequences. (J) California's housing picture has reached a crisis of historic proportions despite the fact that, for decades, the Legislature has enacted numerous statutes intended to significantly increase the approval, development, and affordability of housing for all income levels, including this section. (K) The Legislature's intent in enacting this section in 1982 and in expanding its provisions since then was to significantly increase the approval and construction of new housing for all economic segments of California's communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects and emergency shelters. That intent has not been fulfilled. ( L) It is the policy of the state that this section should be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing. (b) It is the policy of the state that a local government not reject or make infeasible housing development projects, including emergency shelters, that contribute to meeting tl1e need determined pursuant to this article without a thorough analysis of the economic, social, and environmental effects of the action and without complying with subdivision (d). (c) The Legislature also recognizes that premature and unnecessary development of agricultural lands for· urban uses continues to have adverse effects on the availability of those lands for food and fiber production and on the economy of the state. Furthermore, it is the policy of the state that development should be guided away from prime agricultural lands; therefore, in implementing this section, local jurisdictions should encourage, to the maximum extent practicable, in filling existing urban areas. (d) A local agency shall not disapprove a housing development project, including farmworker housing as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, for very low, low-, or moderate-income households, or· an emergency shelter, or condition approval in a manner-that renders the housing development project infeasible for development for the use of very low, low-, or moderate-income households, or an emergency shelter, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following: ( 1) The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for-one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for-emergency shelter, as identified pur-suant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pui-suant to this par-agraph shall be in accordance with applicable law, r-ule, or standards. q/14 1/10/2018 Bill Text -AB-678 Housing Accountability Act. (2) The housing development project or emergency shelte1· as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. (3) The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low-and moderate-income households 01· rendering the development of the emergency shelter financially infeasible. ( 4) The housing development project 01-emergency shelter is proposed on land zoned for agriculture 01· resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project. (5) The housing development project or emergency shelter is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article. For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter. (A) This paragraph cannot be utilized to disapprove or conditionally approve a housing development project if the housing development project is proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction's housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction's zoning ordinance and general plan Ian cl use designation. (B) If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels pursuant to Section 65584, then this paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed for a site designated in any element of the general plan for residential uses or designated in any element .of the general plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations. In any action in court, the burden of proof shall be on the local agency to show that its housing element does identify adequate sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency's share of the regional housing need for the very low, low-, and moderate-income categories. (C) If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7) of subdivision (a) of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by paragraph ( 4) of subdivision (a) of Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4) of subdivision (a) of Section 65583. (e) Nothing in this section shall be construed to relieve the local agency from complying with the congestion management program required by Chapter 2.6 (commencing with Section 65088) of Division 1 of Title 7 or the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resou1·ces Code). Neither· shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code 01· otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (f) ( 1) Nothing in this section shall be construed to prohibit 21 local agency frorn 1·equiring the housing development prnJect to comply with obJectlve. quantifiable written development standards, conditions ancl 1/10/2018 Bill Text -AB-678 Housing Accountability Act. policies appropriate to, and consistent with, meeting the jurisdiction's share of the regional housing need pursuant to Section 65584. However, the development standards, conditions, and policies shall be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development. (2) Nothing in this section shall be construed to prohibit a local agency from requiring an emergency shelter project to comply with objective, quantifiable, written development standards, conditions, and policies that are consistent with paragraph ( 4) of subdivision (a) of Section 65583 and appropriate to, and consistent with, meeting the jurisdiction's need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. However·, the development standards, conditions, and policies shall be applied by the local agency to facilitate and accommodate the development of the emergency shelter project. (3) This section does not prohibit a local agency from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to the housing development project or emergency shelter. ( 4) For purposes of this section, a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. (g) This section shall be applicable to charter cities because the Legislature finds that the lack of housing, including emergency shelter, is a critical statewide prnblem. (h) The following definitions apply for the purposes of this section: (1) "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (2) "Housing development project" means a use consisting of any of the following: (A) Residential units only. (B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use. (C) Transitional housing or supportive housing. (3) "Housing for very low, low-, or moderate-income households" means that either (A) at least 20 percent of the total units shall be sold or rented to lower income households, as defined in Section 50079 .5 of the Health and Safety Code, or (B) 100 percent of the units shall be sold or rented to persons and families of moderate income as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income, as defined in Section 65008 of this code. Housing units targeted for lower income households shall be made available at a monthly housing cost that does not exceed 30 percent of 60 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the lower income eligibility limits are based. Housing units targeted for persons and families of moderate income shall be made available at a monthly housing cost that does not exceed 30 percent of 100 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the moderate-income eligibility limits are based. ( 4) "Area median income" means area median income as periodically established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code. The developer shall provide sufficient legal commitments to ensure continued availability of units for very low or· low-income households in accordance with the provisions of this subdivision for 30 years. (5) "Disapprove the housing development project" includes any instance in which a local agency does either of the following: (A) Votes on a proposed housing development project application and the application is disapproved, including any requi1·ed land use approvals or entitlements necessary for the issuance of a building permit. (B) Fails to comply with the time periods specified in subdivision (a) of Section 65950. An extension of time pursuant to Article 5 (commencing with Section 65950) shall be deemed to be an extension of time pursuant to this parag1·aph. 11/14 1/10/2018 Bill Text -AB-678 Housing Accountability Act. (i) If any city, county, or city and county denies approval or imposes conditions, including design changes, lowe1· density, 01· a reduction of the percentage of a lot that may be occupied by a building or structure under the applicable planning and zoning in force at the time the application is deemed complete pursuant to Section 65943, that have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, and the denial of the development 01· the imposition of conditions on the development is the subject of a court action which challenges the denial or the imposition of conditions, then the burden of proof shall be on the local legislative body to show that its decision is consistent with the findings as described in subdivision (d) and that the findings are supported by a preponderance of the evidence in the record. For purposes of this section, "lower density" includes any conditions that have the same effect or impact on the ability of the project to provide housing. (j) (1) When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project's application is determined to be complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist: (A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (2) (A) If the local agency considers a proposed housing development project to be inconsistent, not in compliance, 01-not in conformity with an applicable plan, program, policy, 01-dinance, standard, requirement, or other similar provision as specified in this subdivision, it shall provide the applicant with written documentation identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance, or not in contormity as follows: (i) Within 30 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains 150 or fewer housing units. (ii) Within 60 clays of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units. (B) If the local agency fails to provide the required documentation pursuant to subparagraph (A), the housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other simila1· provision. (3) For purposes of this section, the receipt of a density bonus pursuant to Section 65915 shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standarc' requirement, or other similar provision specified in this subdivision. ( 4) For purposes of this section, "lower density" includes any conditions that have the same effect or impact on the ability of the project to provide housing. (k) (1) (A) The applicant, a person who would be eligible to apply for residency in the development or emergency shelter, or a housing organization may bring an action to enforce this section. If, in any action brought to enforce this section, a court finds that either (i) the local agency, in violation of subdivision (d), disapproved a housing development project or conditioned its approval in a manner rendering it infeasible for the development of an emergency shelter·, 01· housing for very low, low-, or moderate-income households, including farmworker housing, without making the findings required by this section or without making findings supported by a preponderance of the evidence, 01· (ii) the local agency, in violation of subdivision (j), disapproved a housing development project complying with applicable, objective general plan and zoning standards and ci-iteria, or imposed <:1 condition that the prnJect be developed at a lower· density 1 without making the findings requi1·ed by this section or without making findings supported by ci preponderance of the evidence, the court shall issue an 01·der or Judgment compelling compliance with thrs section within 60 days, 111clud1ng, but not limited to. an order 12/14 1/10/2018 Bill Text -AB-678 Housing Accountability Act. that the local agency take action on the housing development project or emergency shelter. The court may issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved 01· conditionally approved the housing development or emergency shelter in violation of this section. The court shall retain jurisdiction to ensure that its order or judgment is carried out and shall award reasonable attorney's fees and costs of suit to the plaintiff or petitioner, except under extraordinary circumstances in which the court finds that awarding fees would not further the purposes of this section. For· purposes of this section, "lower density" includes conditions that have the same effect or impact on the ability of the project to provide housing. (B) (i) Upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with this section within 60 days issued pursuant to subparagraph (A), the court shall impose fines on a local agency that has violated this section and requi1·e the local agency to deposit any fine levied pursuant to this subdivision into a local housing trust fund. The local agency may elect to instead deposit the fine into the Building Homes and Jobs Fund, if Senate Bill 2 of the 2017-18 Regular Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund. The fine shall be in a minimum amount of ten thousand dollars ($10,000) per housing unit in the housing development project on the date the application was deemed complete pursuant to Section 65943. In determining the amount of fine to impose, the court shall consider the local agency's progress in attaining its target allocation of the regional housing need pursuant to Section 65584 and any prior· violations of this section. Fines shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the money in the local housing trust fund within five years for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. After five years, if the funds have not been expended, the money shall revert to the state and be deposited in the Building Homes and Jobs Fund, if Senate Bill 2 of the 2017-18 Regular Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund, for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. (ii) If any money derived from a fine imposed pur·suant to this subparagraph is deposited in the Housing Rehabilitation Loan Fund, then, notwithstanding Section 50661 of the Health and Safety Code, that money shall be available only upon appropriation by the Legislature. (C) If the court determines that its order or judgment has not been carried out within 60 clays, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled, including, but not limited to, an order to vacate the decision of the local agency and to approve the housing development project, in which case the application for the housing development project, as proposed by the applicant at the time the local agency took the initial action determined to be in violation of this section, along with any standard conditions determined by the court to be generally imposed by the local agency on similar projects, shall be deemed to be approved unless the applicant consents to a different decision or action by the local agency. (2) For purposes of this subdivision, "housing organization" means a trade or industry group whose local members are primarily engaged in the construction 01· management of housing units or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the housing development project. A housing organization may only file an action pursuant to this section to challenge the disapproval of a housing development by a local agency. A housing organization shall be entitled to reasonable attorney's fees and costs if it is the prevailing party in an action to enforce this section. (I) If the court finds that the local agency (1) acted in bad faith when it disapproved 01· conditionally approved the housing development 01· emergency shelter in violation of this section and (2) failed to carry out the court's order or judgment within 60 days as described in subdivision (I<), the court, in addition to any other· remedies provided by this section, shall multiply the fine determined pursuant to subparagraph (B) of paragraph (1) of subdivision (k) by a factor of five. For· purposes of this section, "bad faith" includes, but is not limited to, an action that is frivolous or otherwise entirely without merit. (m) Any action brought to enforce the provisions of this section shall be brought pursuant to Section 109'1.5 of the Code of Civil Procedure, and the local agency shall prepare and certify the record of proceedings in accordance with subdivision (c) of Section 1094.6 of the Code of Civil Procedure no later· than 30 days after· the petition is served, provided that the cost of preparation o1 the record shall be borne by the local agency, unless the petitioner elects to prepare the record as provided in sulxl1vis1on (nl of this section ~\petition to enforce the _ 1L~11-r ___ i,....1: __ 1-•• L-.a.-lt")l...:11 :...J-'>f\'17"1A-t OA/\CC::7Q 13/14 1/10/2018 Bill Text -AB-678 Housing Accountability Act. provisions of this section shall be filed and served no later than 90 days from the later of ( 1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any othe1· final action on a housing development project or (2) the expiration of the time periods specified in subparagraph (B) of paragraph (5) of subdivision (h). Upon entry of the trial court's order, a party may, in order to obtain appellate review of the orcler, file a petition within 20 days after service upon it of a written notice of the entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow, or may appeal the judgment or order of the trial court under Section 904.1 of the Code of Civil Procedure. If the local agency appeals the judgment of the trial court, the local agency shall post a bond, in an amount to be determined by the court, to the benefit of the plaintiff if the plaintiff is the project applicant. (n) In any action, the record of the proceedings before the local agency shall be filed as expeditiously as possible and, notwithstanding Section 1094.6 of the Code of Civil Procedure 01-subdivision (m) of this section, all or part of the record may be prepared (1) by the petitioner with the petition or petitioner's points and authorities, (2) by the respondent with respondent's points and authorities, (3) after payment of costs by the petitioner, or ( 4) as otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs. ( o) This section shall be known, and may be cited, as the Housing Accountability Act. SEC. 2. Section 1.5 of this bill incorporates amendments to Section 65589.5 of the Government Code proposed by both this bill and Assembly Bill 1515. That section shall only become operative if ( 1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 65589.5 of the Government Code, and (3) this bill is enacted after Assembly Bill 1515, in which case Section 1 of this bill shall not become operative. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. 14/14 1/10/2018 Home Bill Text -AB-1515 Planning and zoning: housing. '!'I F l FC IZ i\T Bill Information California Law Publications Other Resources My Subscriptions My Favorites AB-1515 Planning and zoning: housing. (2017-2018) SHARE THIS: Date Published: 09/29/2017 09:00 PM Assembly Bill No. 1515 CHAPTER 378 An act to amend Section 65589.5 of the Government Code, relating to land use. [Approved by Governor September 29, 2017. Filed with Secretary of State September 29, 2017. J LEGISLATIVE COUNSEL'S DIGEST AB 1515, Daly. Planning and zoning: housing. The Housing Accountability Act, which is part of the Planning and Zoning Law, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project very low, low-, or moderate-income households oi-an emergency shelter unless the local agency makes specified findings. Under the act, the local agency may disapprove or condition approval of a housing development project or emergency shelter if, among other reasons, the housing development project or emergency shelter is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation, as provided. The act makes various findings and declarations relating to its provisions. This bill would specify that a housing development project or emergency shelter is deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. The bill would make additional findings related to the Housing Accountability Act in this regard. This bill would incorporate additional changes to Section 65589.5 of the Government Code proposed by AB 678 and SB 167 to be operative only if this bill and either or both AB 678 and SB 167 are enacted and this bill is enacted last. Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65589. 5 of the Government Code is amended to read: 65589.5. (a) (1) The Legislature finds and declares all of the following: (A) The lack of housing, including emergency shelters, is a critical problem that threatens the economic, environmental, and social quality of life in California. (B) California housin~J has become the most expensive in the nation. The excessive cost of the state's housing suppl\' is partiall\f cciused by activities and policies of many local governments that limit the approval of housing, increase the cost of iancl fo1-hous111g, and 1-equire tha! high fees and exactions be paid bv proclucer:c. of hous1n~1- 1/1? 1/10/2018 Bill Text -AB-1515 Planning and zoning: housing. (C) Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to suppo1t employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterio1·ation. (D) Many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of housing projects, reduction in density of housing projects, and excessive standards for housing projects. (2) In enacting the amendments made to this section by the act adding this paragraph, the Legislature further finds and declares the following: (A) California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state's environmental and climate objectives. (B) While the causes of this crisis are multiple and complex, the absence of meaningful and effective policy reforms to significantly enhance the approval and supply of housing affordable to Californians of all income levels is a key factor. (C) The crisis has grown so acute in California that supply, demand, and affordability fundamentals are characterized in the negative: underserved demands, constrained supply, and protracted unaffordability. (D) According to reports and data, California has accumulated an unmet housing backlog of nearly 2,000,000 units and must provide for at least 180,000 new units annually to keep pace with growth through 2025. (E) California's overall homeownership rate is at its lowest level since the 1940s. The state ranks 49th out of the 50 states in homeownership rates as well as in the supply of housing per capita. Only half of California's households are able to afford the cost of housing in their local regions. (F) Lack of supply and rising costs are compounding inequality and limiting advancement opportunities for many Californians. (G) The majority of California renters; more than 3,000,000 households, pay more than 30 percent of their income toward rent and nearly one-third, more than 1,500,000 households, pay more than 50 percent of their income toward rent. (H) When Californians have access to safe and affordable housing, they have more money for food and health care; they are less likely to become homeless and in need of government-subsidized services; their children do better in school; and businesses have an easier time recruiting and retaining employees. (I) An additional consequence of the state's cumulative housing shortage is a significant increase in greenhouse gas emissions caused by the displacement and redirection of populations to states with greater· housing opportunities, particularly working-and middle-class households. California's cumulative housing shortfall therefore has not only national but international environmental consequences. (J) California's housing picture has reached a crisis of historic proportions despite the fact that, for decades, the Legislature has enacted numerous statutes intended to significantly increase the approval, development, and affordability of housing for all income levels, including this section. (K) The Legislature's intent in enacting this section in 1982 and in expanding its provisions since then was to significantly increase the approval and construction of new housing for all economic segments of California's communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects and emergency shelters. That intent has not been fulfilled. (L) It is the policy of the state that this section should be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing. (b) It is the policy of the state that a local government not reject or make infeasible housing developments, including emergencv shelters, that contribute to meeting the need determined pursuant to this article without a thorough analysis of the economic, social, and environmental effects of the action ancl without complying with subdivision (cl). 1/10/2018 Bill Text-AB-1515 Planning and zoning: housing. ( c) The Legislature also recognizes that premature and unnecessary development of agricultural lands for urban uses continues to have adverse effects on the availability of those lands for· food and fiber production and on the economy of the state. Furthermore, it is the policy of the state that development should be guided away from prime agricultural lands; therefore, in implementing this section, local jurisdictions should encourage, to the maximum extent p1·acticable, in filling existing urban areas. (d) !\local agency shall not disapprove a housing development project, including farmworker housing as defined in subdivision (h) of Section 50199.7 of the Health ancl Safety Code, for very low, low-, 01· moderate-income households, or an emergency shelter, or condition approval in a manner that renders the project infeasible for development for the use of very low, low-, or moderate-income households, or an emergency shelter, including through the use of design review standards, unless it makes written findings, based upon substantial evidence in the record, as to one of the following: (1) The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met 01· exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval 01· conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. ln the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards. (2) The development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. (3) The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. ( 4) The development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water· or wastewater facilities to serve the project. (5) The development project or emergency shelter is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the elate the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article. (A) This paragraph cannot be utilized to disapprove or conditionally approve a housing development project if the development project is proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction's housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation. (B) If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels pursuant to Section 65584, then this paragraph shall not be utilized to disapprove 01· conditionally approve a housing development project prnposecl for a site designated in any element of the general plan tor residential uses or~ designated in any element of the general plan for commercial uses if residential uses are pei-mitted 01· conditionally permitted within commercial designations. l n any action in court, the bLwden ot prnoi s11all be on the local agencv to show that its housinQ element does iclentifv adequate 3/12 1/10/2018 Bill Text -AB-1515 Planning and zoning: housing. sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency's share of the regional housing need for the very low and low-income categories. (C) If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other· discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7) of subdivision (a) of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by paragraph ( 4) of subdivision (a) of Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan fo1· industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4) of subdivision (a) of Section 65583. (e) Nothing in this section shall be construed to relieve the local agency from complying with the congestion management program required by Chapter 2.6 (commencing with Section 65088) of Division 1 of Title 7 01· the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Neither shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (f) (1) Nothing in this section shall be construed to prohibit a local agency from requiring the development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction's share of the regional housing need pursuant to Section 65584. However, the development standards, conditions, and policies shall be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development. (2) Nothing in this section shall be construed to prohibit a local agency from requiring an emergenC\' shelter· project to comply with objective, quantifiable, written development standards, conditions, and policies that are consistent with paragraph (4) of subdivision (a) of Section 65583 and appropriate to, and consistent with, meeting the jurisdiction's need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. However, the development standards, conditions, and policies shall be applied by the local agency to facilitate and accommodate the development of the emergency shelter project. (3) This section does not prohibit a local agency from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to the development project or emergency shelter. ( 4) Fo1· purposes of this section, a housing development pro3ect or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. (g) This section shall be applicable to charter cities because the Legislature finds that the lack of housing, including emergency shelter, is a critical statewide problem. (h) The following definitions apply for the purposes of this section: (1) "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (2) "Housing development project" means a use consisting of any of the following: (A) Residential units only. (B) Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses are limited to neighborhood commercial uses and to the first floor of buildings that are two or more stories. As used in this paragraph, "neighborhood commercial" means small-scale general or specialty stores that furnish goods and services primarily to residents of the neighborhood. ( C) Transitional housing or supportive housing. (3) "Housing fo1· verv low, lovv-, or moderate-i11come households" means that eithe1· (A) at least 20 pe1·cent of tlie totai unit'.; shali be soicJ O' rentecl to lower 111come householcJc .. as deflnecl 1n Section 50079.5 of the Healtl1 Ll/1? 1/10/2018 Bill Text -AB-1515 Planning and zoning: housing. and Safety Code, or· (B) 100 percent of the units shall be sold or rented to persons and families of moderate income as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income, as defined in Section 65008 of this code. Housing units targeted for lower income households shall be made available at a monthly housing cost that does not exceed 30 percent of 60 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the lower income eligibility limits are based. Housing units targeted for persons and families of moderate income shall be made available at a monthly housing cost that does not exceed 30 percent of 100 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the moderate-income eligibility limits are based. (4) "Area median income" means area median income as periodically established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code. The developer shall provide sufficient legal commitments to ensure continued availability of units for very low or low-income households in accordance with the provisions of this subdivision for 30 years. (5) "Disapprove the development project" includes any instance in which a local agency does either of the following: (A) Votes on a proposed housing development project application and the application is disapproved. (B) Fails to comply with the time periods specified in subdivision (a) of Section 65950. An extension of time pursuant to Article 5 (commencing with Section 65950) shall be deemed to be an extension of time pursuant to this paragraph. (i) If any city, county, or city and county denies approval or imposes restrictions, including design changes, a reduction of allowable densities or the percentage of a lot that may be occupied by a building or structure under the applicable planning and zoning in force at the time the application is deemed complete pursuant to Section 65943, that have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, and the denial of the development or the imposition of restrictions on the development is the subject of a court action which challenges the denial, then the burden of proof shall be on the local legislative body to show that its decision is consistent with the findings as described in subdivision (d) and that the findings are supported by substantial evidence in the record. (j) When a proposed housing development project complies with applicable, objective general plan and zoning standards and criteria, including design review standards, in effect at the time that the housing development project's application is determined to be complete, but the local agency proposes to disapprove the project or to approve it upon the condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings suppo1ted by substantial evidence on the record that both of the following conditions exist: (1) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower· density. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or· conditions as they existed on the date the application was deemed complete. (2) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (k) ( 1) The applicant, a person who would be eligible to apply for residency in the development or emergency shelter, or a housing organization may bring an action to enforce this section. If, in any action brought to enforce this section, a court finds that the local agency disapproved a project or conditioned its approval in a manner· rendering it infeasible for the development of an emergency shelter, or housing for· very low, low-, or moderate- income households, including farmworker housing, without making the findings required by this section or· without making sufficient findings supported by substantial evidence, the court shall issue an order or judgment compelling compliance with this section within 60 days, including, but not limited to, an order that the local agency take action on the development project or emergency shelter. The court shall retain jurisdiction to ensure that its order or judgment is carried out and shall award reasonable attorney's fees and costs of suit to the plaintiff or· petitioner· who proposed the housing development or emergency shelter, except under extraordinary circumstances in which the court finds that awarding fees would not further-the purposes of this section. If the court cJetermines that its order· or Judgment has not been carried out within 60 days. the court may issue further <;/1? 1/10/2018 Bill Text -AB-1515 Planning and zoning: housing. orders as provided by law to ensure that the purposes and policies of this section are fulfilled 1 including, but not limited to 1 an order to vacate the decision of the local agency, in which case the application for the project1 as constituted at the time the local agency took the initial action determined to be in violation of this section, along with any standard conditions determined by the court to be generally imposed by the local agency on similar projects1 shall be deemed approved unless the applicant consents to a different decision or action by the local agency, (2) For purposes of this subdivision 1 "housing organization" means a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the project. A housing organization may only file an action pursuant to this section to challenge the disapproval of a housing development by a local agency. (I) If the court finds that the local agency ( 1) acted in bad faith when it disapproved or conditionally approved the housing development 01· emergency shelter in violation of this section and (2) failed to carry out the court's order 01· fudgment within 60 days as described in subdivision ( k), the court, in addition to any other· remedies provided by this section, may impose fines upon the local agency that the local agency shall be required to deposit into a housing trust fund. Fines shall not be paid from funds that are already dedicated for affordable housing 1 including, but not limited to 1 redevelopment or low-and moderate-income housing funds and federal HOME and CDBG funds. The local agency shall commit the money in the trust fund within five years for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. For purposes of this section 1 "bad faith" shall mean an action that is frivolous or otherwise entirely without merit. (m) Any action brought to enforce the provisions of this section shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure 1 and the local agency shall prepare and certify the record of proceedings in accordance with subdivision (c) of Section 1094.6 of the Code of Civil Procedure no later than 30 days after the petition is served, provided that the cost of preparation of the record shall be borne by the local agency. Upon entry of the trial court's order, a party shall 1 in order to obtain appellate review of the order, file a petition within 20 days after service upon it of a written notice of the entry of the orde1-1 or within such further time not exceeding an additional 20 days as the trial court may for good cause allow. If the local agency appeals the judgment of the trial court, the local agency shall post a bond 1 in an amount to be determined by the court1 to the benefit of the plaintiff if the plaintiff is the projec applicant. (n) In any action, the record of the proceedings before the local agency shall be filed as expeditiously as possible and 1 notwithstanding Section 1094.6 of the Code of Civil Procedure or subdivision (m) of this section, all or part of the record may be prepared (1) by the petitioner with the petition or petitioner's points and authorities, (2) by the respondent with respondent's points ancl authorities, (3) after payment of costs by the petitioner, or ( 4) as otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner· and the petitioner is the prevailing party, the expense shall be taxable as costs. (o) This section shall be known, and may be cited, as the Housing Accountability Act. SEC. 1.5. Section 65589.5 of the Government Code is amended to read: 65589.5. (a) (1) The Legislature finds ancl declares all of the following: (A) The lack of housing, including emergency shelters 1 is a critical problem that threatens the economic, environmental 1 and social quality of life in California. (B) California housing has become the most expensive in the nation. The excessive cost of the state's housing supply is partially caused by activities and policies of many local governments that limit the approval of housing 1 increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing. (C) Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth 1 imbalance in jobs and housing 1 reduced mobility, urban sprawl, excessive commuting, and air quality deterioration. (D) Many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapprnval of housing development projects, reduction in density of housing prn)ects, ancl excessive standa1·cl:. fo1· housing development pro)ects 6/12 1/10/2018 Bill Text -AB-1515 Planning and zoning: housing. (2) In enacting the amendments made to this section by the act adding this pa1-agraph, the Legislature further finds and declares the following: (A) California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state's environmental and climate objectives. (B) While the causes of this crisis are multiple and complex, the absence of meaningful and effective policy reforms to significantly enhance the approval and supply of housing affordable to Californians of all income levels is a key factor. (C) The crisis has grown so acute in California that supply, demand, and affordability fundamentals are characterized in the negative: underserved demands, constrained supply, and protracted unaffordability. (D) According to reports and data, California has accumulated an unmet housing backlog of nearly 2,000,000 units and must provide for at least 180,000 new units annually to keep pace with growth through 2025. (E) California's overall homeownership rate is at its lowest level since the 1940s. The state ranks 49th out of the 50 states in homeownership rates as well as in the supply of housing pe1-capita. Only one-half of California's households are able to afford the cost of housing in their local regions. (F) Lack of supply and rising costs are compounding inequality and limiting advancement opportunities for many Californians. (G) The majority of California renters, more than 3,000,000 households, pay more than 30 percent of their income toward rent and nearly one-third, more than 1,500,000 households, pay more than 50 percent of their income toward rent. (H) When Californians have access to safe and affordable housing, they have more money for food and health care; they are less likely to become homeless and in need of government-subsidized services; their children do better in school; and businesses have an easier time recruiting and retaining employees. (I) An additional consequence of the state's cumulative housing shortage is a significant increase in greenhouse gas emissions caused by the displacement and redirection of populations to states with greater housing opportunities, particularly worlcing-and middle-class households. California's cumulative housing shortfall therefore has not only national but international environmental consequences. (J) California's housing picture has reached a crisis of l1istoric proportions despite the fact that, for decades, the Legislature has enacted numerous statutes intended to significantly increase the approval, development, and affordability of housing for all income levels, including this section. (K) The Legislature's intent in enacting this section in 1982 and in expanding its provisions since then was to significantly increase the approval and construction of new housing fo1· all economic segments of California's communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects and emergency shelters. That intent has not been fulfilled. (L) It is the policy of the state that this section should be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing. ( b) It is the policy of the state that a local government not reject or make infeasible housing development projects, including emergency shelters, that contribute to meeting the need determined pursuant to this article without a thorough analysis of the economic, social, and environmental effects of the action and without complying with subdivision (d). (c) The Legislature also recognizes that premature and unnecessary development of agricultural lands for urban uses continues to have adverse effects on the availability of those lands for food and fiber production and on the economy of the state. Furthermore, it is the policy of the state that development should be guided away from prime agricultural lands; therefore, in implementing this section, local jurisdictions should encourage, to the maximum extent practicable, in filling existing urban areas. ( cJ) A local agency shall not disapprove 21 housin~J development project, including farmworker housing as defined in subdivision ( h' of Section 50199. 7 ot the Health and Safetv Code. tor very low. 1011'1•• or· moderate-income 11 •11 ..... ._,....•~---'---1-.l--ll""IL:ll :...1_1"'\f"\A"?l""lf'\AOf'\l\nAt:::At:: 7/1? 1/10/2018 Bill Text -AB-1515 Planning and zoning: housing. households, or an emergency shelter, or condition approval in a manner that renders the housing development project infeasible for development fo1-the use of very low, low-, or moderate-income households, or an emergency shelter, including through the use of design review standards, unless it mal<es written findings, based upon a preponderance of the evidence in the record, as to one of the following: ( 1) The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the _jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards. (2) The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance 01-general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. (3) The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low-and moderate-income households or rendering the development of the emergency shelter financially infeasible. ( 4) The housing development project 01-emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water 01· wastewater facilities to serve the project. (5) The housing development project or emergency shelter is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article. For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter. (A) This paragraph cannot be utilized to disapprove or conditionally approve a housing development project if the housing development project is proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction's housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the _jurisdiction's zoning ordinance and general plan land use designation. (B) If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and are sufficient to provide for the jurisdiction's share of the regional housing need for all income levels pursuant to Section 65584, then this paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed fo1· a site designated in any element of the general plan for residential uses or designated in any element of the gene1·a1 plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations. In any action in court, the burden of proof shall be on the local agency to show that its housing element does identify adequate sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency's share of the regional housing need for the very low, low-, and moderate-income categories. 8/12 1/10/2018 Bill Text -AB-1515 Planning and zoning: housing. (C) If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use 01· other· discretionary permit, has failed to demonstr·ate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7) of subdivision (a) of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by paragraph (4) of subdivision (a) of Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for· industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4) of subdivision (a) of Section 65583. (e) Nothing in this section shall be construed to relieve the local agency from complying with the congestion management program required by Chapter· 2.6 (commencing with Section 65088) of Division 1 of Title 7 or the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Neither shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (f) (1) Nothing in this section shall be construed to prohibit a local agency from requiring the housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction's share of the regional housing need pursuant to Section 65584. However, the development standards, conditions, and policies shall be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development. (2) Nothing in this section shall be construed to prohibit a local agency from requiring an emergency shelter project to comply with objective, quantifiable, written development standards, conditions, and policies that are consistent with paragraph (4) of subdivision (a) of Section 65583 and appropriate to, and consistent with, meeting the jurisdiction's need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. However, the development standards, conditions, and policies shall be applied by the local agency to facilitate and accommodate the development of the emergency shelter· project. (3) This section does not prohibit a local agency from imposing fees and other exactio11s otherwise authorized by law that are essential to provide necessary public services and facilities to the housing development project or emergency shelter. ( 4) For purposes of this section, a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. (g) This section shall be applicable to charter cities because the Legislature finds that the lack of housing, including emergency shelter, is a critical statewide problem. (h) The following definitions apply for the purposes of this section: ( 1) "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (2) "Housing development project" means a use consisting of any of the following: (A) Residential units only. (B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use. (C) Transitional housing or supportive housing. (3) "Housing for very low, low··, or moderate-income households" means that either (A) at least 20 percent of the total units shall be sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or (B) 100 percent of the units shall be sold 01· rented to persons and families of moderate income as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income, as defined in Section 65008 of this code. Housing units targeted foi-lower income households shall be made available al: a monthly housinq cost that cioes not exceecl 30 percenl of 60 per-cent of are21 median income with adjustments frn· household size made 111 accordance with the adiustment ractors or1 wh1cl1 the lower 111come ·~" ' •• ,,..., •11 ._, nn.A"?ri.f\A(")f'\f\nAt::-tC:. 9/12 1/10/2018 Bill Text -AB-1515 Planning and zoning: housing. eligibility limits are based. Housing units targeted for persons and families of moderate income shall be made available at a monthly housing cost that does not exceed 30 percent of 100 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the moderate-income eligibility limits are based. (4) "Area median income" means area median income as periodically established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code. The developer· shall provide sufficient legal commitments to ensure continuecl availability of units fo1· very low or· low-income households in accordance with the provisions of this subdivision for 30 years. (5) "Disapprove the housing development project" includes any instance in which a local agency does either of the following: (A) Votes on a proposed housing development project application and the application is disapproved, including any required land use approvals or entitlements necessary for the issuance of a building permit. (B) Fails to comply with the time periods specified in subdivision (a) of Section 65950. An extension of time pursuant to Article 5 (commencing with Section 65950) shall be deemed to be an extension of time pursuant to this paragraph. (i) If any city, county, or city and county denies approval or imposes conditions, including design changes, lower density 1 or a reduction of the percentage of a lot that may be occupied by a building or structure under the applicable planning and zoning in force at the time the application is deemed complete pursuant to Section 65943, that have a substantial adverse effect on the viability or affordability of a housing development for very low 1 low-, or moderate-income households, and the denial of the development or the imposition of conditions on the development is the subject of a court action which challenges the denial or the imposition of conditions 1 then the burden of proof shall be on the local legislative body to show that its decision is consistent with the findings as desCl'ibed in subdivision ( d) and that the findings are supported by a preponderance of the evidence in the record. For purposes of this section 1 "lower density" includes any conditions that have the same effect or impact on the ability of the project to provide housing. (j) ( 1) When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria 1 including design review standards, in effect at the time that the housing development project's application is determined to be complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist: (A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a' lower density. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (2) (A) If the local agency considers a proposed housing development project to be inconsistent, not in compliance, 01· not in conformity with an applicable plan 1 program, policy 1 ordinance 1 standard 1 requirement, or other similar provision as specified in this subdivision, it shall provide the applicant with written documentation identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance 1 or not in conformity as follows: (i) Within 30 days of the date that the application for· the housing development project is determined to be complete, if the housing development project contains 150 or fewer housing units. (ii) Within 60 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units. (B) If the local agency fails to provide the required documentation pursuant to subparagraph (A), the housing development project shall be deemecl consistent, compliant, ancl in confo1-mity with the applicable plan, pro9rarn, poi1cy, ordmancc. standarc, requi1·ement, or· other similar provision 1 (1/1 ') 1/10/2018 Bill Text -AB-1515 Planning and zoning: housing. (3) For purposes of this section, the receipt of a density bonus pursuant to Section 65915 shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision specified in this subdivision. ( 4) For purposes of this section, "lower density" includes any conditions that have the same effect or impact on the ability of the project to provide housing. (I<) (1) (A) The applicant, a person who would be eligible to apply for residency in the development or emergency shelter, or a housing organization may bring an action to enforce this section. If, in any action brought to enforce this section, a court finds that eithe1· (i) the local agency, in violation of subdivision (d), disapproved a housing development project or conditioned its approval in a manne1· rendering it infeasible fo1· the development of an emergency shelter, or housing for very low, low-, or moderate-income households, including farmworker housing, without making the findings required by this section or without making findings supported by a preponderance of the evidence, or (ii) the local agency, in violation of subdivision (j), disapproved a housing development project complying with applicable, objective general plan and zoning standards and criteria, or imposed a condition that the project be developed at a lower density, without making the findings required by this section or without making findings supported by a preponderance of the evidence, the court shall issue an order or judgment compelling compliance with this section within 60 days, including, but not limited to, an order that the local agency take action on the housing development project or emergency shelter. The court may issue an order or judgment directing the local agency to approve the housing development project or emergency shelte1· if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section. The court shall retain jurisdiction to ensure that its orde1· or judgment is carried out and shall award reasonable attorney's fees and costs of suit to the plaintiff or petitioner, except under extraordinary circumstances in which the court finds that awarding fees would not furthei-the purposes of this section. For purposes of this section, "lower density" includes conditions that have the same effect or impact on the ability of the project to provide housing. (B) (i) Upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with this section within 60 days issued pursuant to subparagraph (A), the court shall impose fines on a local agency that has violated this section and require the local agency to deposit any fine levied pursuant to this subdivision into a local housing trust fund. The local agency may elect to instead deposit the fine into the Building Homes and Jobs Fund, if Senate Bill 2 of the 2017-18 Regular Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund. The fine shall be in a minimum amount of ten thousand dollars ($10,000) per housing unit in the housing development project on the date the application was deemed complete pursuant to Section 65943. In detei-mining the amount of fine to impose, the court shall consider the local agency's progress in attaining its target allocation of the regional housing need pursuant to Section 65584 and any prior violations of this section. Fines shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block G1·ant Program funds. The local agency shall commit and expend the money in the local housing trust fund within five years for· the sole purpo·· of financing newly constructed housing units affordable to extremely low, very low, 01· low-income households. After five years, if the funds have not been expended, the money shall revert to the state and be deposited in the Building Homes and Jobs Fund, if Senate Bill 2 of the 2017-18 Regular· Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund, for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. (ii) If any money derived from a fine imposed pursuant to this subparagraph is deposited in the Housing Rehabilitation Loan Fund, then, notwithstanding Section 50661 of the Health and Safety Code, that money shall be available only upon appropriation by the Legislature. (C) If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled, including, but not limited to, an order to vacate the decision of the local agency and to approve the housing development project, in which case the application for· the housing development project, as proposed by the applicant at the time the local agency took the initial action determined to be in violation of this section, along with any standard conditions determined by the court to be generally imposed by the local agency on similar projects, shall be deemed to be approved unless the applicant consents to a diffe1·ent decision or· action by the local agencv. 1/10/2018 Bill Text -AB-1515 Planning and zoning: housing. (2) Fo1· purposes of this subdivision, "housing organization" means a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written 01· oral comments with the local agency prior to action on the housing development project. A housing organization may only file an action pursuant to this section to challenge the disapproval of a housing development by a local agency. A housing organization shall be entitled to reasonable attorney's fees and costs if it is the prevailing party in an action to enforce this section. (I) If the court finds that the local agency (1) acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section and (2) failed to carry out the court's order or judgment within 60 days as described in subdivision (k), the court, in addition to any other remedies provided by this section, shall multiply the fine determined pursuant to subparagraph ( B) of paragraph ( 1) of subdivision (k) by a factor of five. For purposes of this section, "bad faith" includes, but is not limited to 1 an action that is frivolous or otherwise entirely without merit. (m) Any action brought to enforce the provisions of this section shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure, and the local agency shall prepare and certify the record of proceedings in accordance with subdivision (c) of Section 1094.6 of the Code of Civil Procedure no later than 30 days after the petition is served, provided that the cost of preparation of the record shall be borne by the local agency, unless the petitioner elects to prepare the record as provided in subdivision (n) of this section. A petition to enforce the provisions of this section shall be filed and served no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on 1 disapproving, or any other final action on a housing development project or (2) the expiration of the time periods specified in subparagraph (B) of paragrnph (5) of subdivision (h). Upon entry of the trial court's order, a party may, in order to obtain appellate review of the order, file a petition within 20 days after service upon it of a written notice of the entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow, or may appeal the judgment or order of the trial court under Section 904.1 of the Code of Civil Procedure. If the local agency appeals the judgment of the trial court 1 the local agency shall post a bond 1 in an amount to be determined by the court, to the benefit of the plaintiff if the plaintiff is the project applicant. (n) In any action 1 the record of the proceedings before the local agency shall be filed as expeditiously as possible and, notwithstanding Section 1094.6 of the Code of Civil Procedure or subdivision (m) of this section 1 all or part of the record may be prepared ( 1) by the petitioner with the petition or petitioner's points and authorities 1 ( 2) by the respondent with respondent's points and authorities, (3) after payment of costs by the petitioner, or ( 4) as otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs. ( o) This section shall be known, and may be cited, as the Housing Accountability Act. SEC. 2. Section 1.5 of this bill incorporates amendments to Section 65589.5 of the Government Code proposed by this bill, Assembly Bill 678, and Senate Bill 167. That section shall only become operative if (1) Assembly Bill 678 or Senate Bill 167, oi-both those bills, and this bill are enacted and become effective on or before January 1, 2018 1 (2) each bill amends Section 65589.5 of the Government Code, and (3) this bill is enacted after Assembly Bill 678 or Senate Bill 167, or both bills, in which case Section 1 of this bill shall not become operative. ALDER ST. N. A LP INE ST .S.ALPINE ST. N. RENA S T. S.RENA ST.FAEH AVE.BENNET AVE.ELCAMINOREALLINDADR. BENNETAVE.BRISCO RD.E.GRANDAVE. E. GRAND AVE. S. HALCYON RD.US101DODSONPROJECT LOCATION:224 HALCYON RD.224 SOUTH HALCYON |P1NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEECOVER SHEETMODIFICATIONS REQUESTED AT PRE-STAFF ADVISORY COMMITEE MEETING:*DENSITY BONUS LAW, PARKING REDUCTION:REDUCE REGULAR PARKING TO 1 SPACE/0 & 1 BEDROOM UNITS AND 2 SPACES/2 & 3 BEDROOM UNITS.MAX PARKING INCLUDES ALL GUEST & ACCESSIBLE STALLS.PROJECT DESCRIPTIONTHE PROPOSED PROJECT WILL BE 100% AFFORDABLE FOR LOWER INCOMES, PROVIDE HOUSING TO RESIDENTS AT OF BELOW 80% OF THE COUNTY’S AREA MEDIAN INCOME. THE PROJECT CONSISTS OF TWO-STORY AND THREE-STORY BUILDINGS CONTAINING 20 AFFORDABLE RESIDENTIAL UNITS, A COMMUNITY SPACE, AND ASSOCIATED PARKING AS WELL AS NET ZERO ENERGY STRATEGIES. THIS PROJECT HAS AN EXISTING RECIPROCAL ACCESS EASEMENT WITH THE ADJACENT COMMERCIAL OFFICE. HASLO HAS A MEMRANDUM OF UNDERSTAND WITH THE OWNERS OF THE ADJACENT COMMERCIAL FOR SHARED PARKING. THIS PROJECT WILL BE SPRINKLED. PROJECT STATISTICSPROJECT ADDRESS:224 & 236 SOUTH HALCYON ROADARROYO GRANDE, CA 93420APN: 077-201-012LOT SIZE: 0.67 ACRE (28,975 SF) (224 HALCYON)+ 0.14 ACRES (6,026 SF) (236 HALCYON)= 0.80 ACRE (35,001 SF)ZONING: OMUCURRENT SITE USE: VACANTADJACENT PROPERTY USE: OFFICE, RESIDENTIALDENSITY CALCULATIONS:ALLOWED DENSITY UNIT: 20/ACREALLOWED D.U. PER LOT SIZE: 20 X 0.80 ACRE = 16.07 DUAFFORDABLE D.U. BONUS: 35%16.07 DU X 1.35 = 21.69 DUUNIT & DENSITY UNIT PER AG MUNICIPAL CODE 16.36.030(C)(2):(4) 1 BEDROOM * 0.75 = 3.00 D.U. (10) 2 BEDROOM * 1.00 = 10.00 D.U. (6) 3 BEDROOM * 1.50 = 9.00 D.U. 20 TOTAL UNITS 22.00 D.U.PARKING CALCULATIONS:RESIDENTIAL PARKING REQUIRED PER AG MUNICIPAL CODE 16.56.060: (4) 1 BEDROOM 1 SPACE/UNIT 4 SPACES REQ’D(16) 2+ BEDROOM 2 SPACES/UNIT 32 SPACES REQ’D36 TOTAL SPACESGUEST PARKING 0.5 SPACES/UNIT 10 SPACES REQ’D ** THIS PROJECT IS REQUESTING AN INCENTIVE UNDER DENSITY BONUS LAW TO ELLIMINATE THE GUEST PARKING REQUIREMENT. NOTE: PARKING REQUIRED FOR RESIDENTIAL USE IN MIXED USE PROJECTS DOES NOT HAVE TO BE COVERED (ARROYO GRANDE, CALIFORNIA MUNICIPAL CODE §16.56.060)COMMERCIAL PARKING REQUIRED PER AG MUNICIPAL CODE 16.56.060:COMMERCIAL USE 1 SPACE/250 SF PARKING PROVIDED:22 REGULAR SPACES FOR RESIDENTIAL 6 REGULAR SPACES FOR COMMERCIAL (EQUAL TO EXISTING) 5 MOTORCYCLE AREAS 2 ACCESSIBLE SPACES35 PARKING SPACES **30 BIKE SPACES PROVIDED** 35 SPACES PROPOSED/43 SPACES REQ’D = 19% REDUCTION PROPOSED UNDER COMMON PARKING FACILITIES PER 16.56.050.SETBACKS:REQUIRED OFFICE MIXED USE (OMU) SETBACKS PER MUNICIPAL CODE 16.36.020(H): FRONT: 0-15 FEET REAR: 0-15 FEET SIDE: 0-15 FEETSTREET SIDE: 0-15 FEETSHEET INDEXP1 COVER SHEETP2 RENDERINGP3 CONCEPTUAL SITE PLANP4 CONCEPTUAL LANDSCAPE PLANP5 GRADING / DRAINAGE PLANP6 SITE IMPROVEMENTSP7 STORM WATER MANAGEMENT PLANP8 SITE SECTIONSP9 FIRST FLOOR PLANSP10 SECOND FLOOR PLANSP11 THIRD FLOOR PLANSP12 UNIT PLANSP13 UNIT PLANSP14 UNIT PLANSP15 BUILDING ELEVATIONSP16 BUILDING ELEVATIONSP17 PROJECT ELEVATIONSP18 TRASH ENCLOSUREP19 ARCHITECTURAL DETAILSP20 COLORS AND MATERIALSPROJECT INFORMATIONOWNER:HOUSING AUTHORITY OF SLO487 LEFF STREETSAN LUIS OBISPO, CA 93401CONTACT: MICHAEL BURKEPHONE: 805.594.5330VICINITY MAPPROVIDED SETBACKS:FRONT: 0’+ SIDEWALK ON HALCYON ROADREAR: 15 FT @ 3-STORY BUILDINGSIDE: 15 FT @ 3-STORY BUILDING 5 FT @ 2-STORY BUILDINGALLOWABLE HEIGHTMAX ALLOWABLE HEIGHT: 35’-0” OR 3 STORIESPROPOSED HEIGHT: 35’-0” (SEE SITE SECTION) SITE COVERAGE:FOOTPRINT +/- 6,978 SF (24.0%)PAVING+/- 22,450 SF (37.1%)LANDSCAPE +/- 25,000 SF (41.3%)FLOOR AREAS:GROUND FLOOR = 6,824 SFSECOND FLOOR = 6,743 SFTHIRD FLOOR = 5,377 SFTOTAL = 18,944 SFFLOOR AREA RATIO:MAX FLOOR AREA RATIO (F.A.R.) = 1PROPOSED F.A.R. = 18,944 SF/28,975 SF = 0.65ENERGY CONSERVATION:100% NET ZERO FOR COMMON USE FACILITIES & SITE LIGHTING WITH A PERCENTAGE OF RESIDENTIAL ENERGY USES OFFSET.ARCHITECT / CIVIL ENGINER /LANDSCAPE ARCHITECT: RRM DESIGN GROUP3765 S. HIGUERA STREET, STE.102SAN LUIS OBISPO, CA 93401CONTACT: DARIN CABRALPHONE: 805.543.1794ATTACHMENT 6 224 SOUTH HALCYON |P2NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEERENDERING 838383NOPARKINGNOPARKINGNOPARKINGFIREACCESS24"OAK8"TREE28"TREE222222:-<229/9/9/8383,O\K)OZOKY,OXK2GJJKX3315' SET BACK AT 3STORY BUILDINGPROPERTY LINE123456781011121314151816 20 21 22 2324 253026 27 28 29~225'~100'~100'~100'~100'~60'~64'SOUTH HALCYON ROAD APPROX. 100'2ND FLOORPATH ABOVE(E) OAK TREE TO REMAINPROPOSEDTRELLISPROPOSEDBUILDINGPROPOSEDBUILDINGPROPOSEDBUILDINGADJACENTPROPERTYADJACENT PARKING LOT TO BE RESTRIPED TOACCOMMODATE PROPOSED PARKING.TRASHENCLOSUREACCESSIBLE VANSTALL SIGNACCESSIBLE SIGNAGE FOR TOWINGACCESSIBLE SIGNAGEFOR TOWINGDIRECTIONAL TRAFFIC ARROWSDIRECTIONALTRAFFIC ARROWS(E) BUILDING(E) BUILDING(E) BUILDING(E) BUILDING(E) BUILDING(E) BUILDINGLANDSCAPEAREAFENCE, TYP.919182ND FLOORPATH ABOVE6(7%$&. 6(7%$&. 6(7%$&. 33ACCESSIBLE PEDESTRIANPATH TO TRASHENCLOSURE ),5($&&(66 ACCESSIBLE PARKINGSTALL SIGNOUTLINE OF 46' LADDER TRUCK FROMFIVE CITIES FIRE AUTHORITY 17(E) TREE TO REMOVEDAND REPLACED WITH (N)STREET TREEM3M1M2M4M5LANDSCAPEAREALANDSCAPEAREAREMOVABLEBOLLARDS, TYPOF 5OUTLINE OF 26' WIDEFIRE APPARATAUSACCESSPOST SIGN FOR FIRE APPARATUSACCESS$33$5$786&/($5$1&( 0$;,080),5($33$5$786&/($5$1&( 0$;,080),5(&/($5$1&( $33$5$786&/($5$1&( $33$5$786224 SOUTH HALCYON |P3NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEECONCEPTUAL SITE PLANSCALE: 1" = 10'-0" (24X36 SHEET) 1” = 10’-0” (12X18 SHEET)( 24x36 SHEET )( 12x18 SHEET )0SCALE 1”=10’10 20 3050SCALE 1”=20’20 40 6010 224 SOUTH HALCYON |P4NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEECONCEPTUAL LANDSCAPE PLAN66666666666666666666662+2+2+2+2+2+2+2+2+2+2+2+2+2+2+2+2+2+2+2+2+NO PARKINGFIRE ACCESSDECIDUOUS TREES ACER RUBRUM `ARMSTRONG` / ARMSTRONG RED MAPLE COTINUS COGGYGRIA `GOLDEN SPIRIT` / SMOKE TREE GLEDITSIA TRIACANTHOS INERMIS `SHADEMASTER` TM / SHADEMASTER LOCUST LAGERSTROEMIA X `MUSKOGEE` / CRAPE MYRTLE LIGHT LAVENDER PYRUS CALLERYANA `BRADFORD` / BRADFORD FLOWERING PEAREVERGREEN TREES ARBUTUS X `MARINA` / ARBUTUS STANDARD OLEA EUROPAEA `MAJESTIC BEAUTY` TM / MAJESTIC BEAUTY FRUITLESS OLIVE THUJA OCCIDENTALIS `BRANDON` / BRANDON ARBORVITAESHRUBS, ORNAMENTAL GRASSES, AND PERENNIALS AGAVE X `BLUE GLOW` / BLUE GLOW AGAVE ARCTOSTAPHYLOS X `EMERALD CARPET` / EMERALD CARPET MANZANITA CARPENTERIA CALIFORNICA `ELIZABETH` / BUSH ANEMONE CEANOTHUS GRISEUS HORIZONTALIS / CARMEL CREEPER GREVILLEA LANIGERA `MT. TAMBORITHA` / MT. TAMBORITHA WOOLLY GREVILLEA LAVANDULA ANGUSTIFOLIA `HIDCOTE SUPERIOR` / HIDCOTE SUPERIOR LAVENDER LOMANDRA CONFERTIFOLIA `SEASCAPE` / SEASCAPE MAT RUSH PENNISETUM ALOPECUROIDES `LITTLE BUNNY` / LITTLE BUNNY FOUNTAIN GRASS PHORMIUM TENAX `AMAZING RED` / DWARF RED FLAX PHOTINIA X FRASERI `LITTLE RED ROBIN` / DWARF PHOTINIA SALVIA CHAMAEDRYOIDES / MEXICAN BLUE SAGE ZAUSCHNERIA CALIFORNICA / CALIFORNIA FUCHSIAGROUND COVERS ECHEVERIA X `BLACK PRINCE` / BLACK HEN AND CHICKS FESTUCA RUBRA RUBRA / CREEPING RED FESCUE HELIANTHEMUM NUMMULARIUM `APRICOT` / APRICOT SUNROSE SENECIO SERPENS / BLUE CHALKSTICKS THYMUS PRAECOX ARCTICUS `REITER`S` / CREEPING THYMECONCEPTUAL PLANT SCHEDULELEGENDEXISTING FENCE6' WOOD PRIVACY FENCE4' WOOD PRIVACY FENCE4' METAL HOG WIRE FENCE22222222222222222222222222222222+22+2+++++++++2222222222+222+2+2+2+2+2+2++2+2+2+2+2+2+2+2+2++++++++++++++2222222222222222222222+222++ALL NATURAL TURF WHERE APPLICABLE WILL BE IRRIGATED WITH SUBSURFACE DRIP OR EQUALALL OF THE PROPOSED LANDSCAPE AREAS WILL MEET THE STATE OF CALIFORNIA AND LOCAL WATER EFFICIENT LANDSCAPE ORDINANCE STANDARDS. THE PROJECT UTILIZES PLANT MATERIAL THAT IS WELL SUITED TO THE ENVIRONMENTAL CONDITIONS, AND THE MAJORITY OF THE PLANTS THRIVE WITH LOW WATER USAGE.PRELIMINARY WATER USE CALCULATIONS ARE PROVIDED ON THIS SHEET BASED ON STATE AND LOCAL STANDARDS.THE IRRIGATION SYSTEM WILL UTILIZE THE FOLLOWING METHODS:• DRIP AND BUBBLER IRRIGATION WILL BE PRIMARILY USED TO APPLY WATER ACCURATELY TO THE PLANT ROOT ZONES, AT THE RATE THAT IT CAN INFILTRATE TO IMPROVE IRRIGATION EFFICIENCY.• LOW FLOW SPRINKLER HEADS WILL BE USED WHERE NEEDED TO APPLY WATER UNIFORMLY AND SLOWLY. OVER SPRAY AND EVAPORATION WILL BE MINIMIZED AND MATCHED PRECIPITATION RATE NOZZLES WILL BE USED WITHIN EACH CONTROL VALVE AND CIRCUIT.• A WEATHER BASED, SELF-ADJUSTING IRRIGATION CONTROLLER WITH A RAIN SHUT OFF DEVICE WILL BE INSTALLED. THE IRRIGATION SYSTEM WILL BE CONTROLLED BY A TIME CLOCK WITH THE ABILITY TO ADJUST RUNTIMES BY DATA COLLECTED FROM RAIN AND ET SENSORS.• THE WATERING SCHEDULE WILL BE BASED UPON THE PLANT NEEDS, SOIL TYPE, SLOPE AND SEASON. IRRIGATION WILL BE SCHEDULED TO AVOID WATERING DURING THE WARMEST AND WINDIEST TIMES. • PLANT MATERIAL WILL BE IRRIGATED BASED ON HYDROZONES BASED ON WATER USE DEMAND IN ACCORDANCE WITH STATE WATER REGULATIONS. • PLANTS WILL BE LOCATED ACCORDING TO MICROCLIMATE CONDITIONS AND WATERING REQUIREMENTS. PLANTS WILL BE IRRIGATED ACCORDING TO THESE HYDROZONES TO MATCH WATERING NEEDS.LANDSCAPE KEYNOTES:S. HALCYON RD.BBQ ISLAND AND COUNTERCOLORED CONCRETE PERMEABLE INTERLOCKING PAVERSINTERLOCKING PAVERSPLANTING AREAMETAL TRELLISBIKE RACKS (30 TOTAL)NATURAL OR SYNTHETIC TURF AS APPROVEDCONCRETE BENCH, TYP.BOULDERS, TYP.NEW TRASH ENCLOSURE8” EXISTING ARBUTUS28” EXISTING OAK24” EXISTING OAKN0’20’10’5’ 30’SCALE 1” = 10’EXISTINGOFFICE 224 SOUTH HALCYON |P5NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEEGRADING AND DRAINAGE PLAN 224 SOUTH HALCYON |P6NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEESITE IMPROVEMENTS 224 SOUTH HALCYON |P7NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEESTORM WATER MANAGEMENT PLAN PROPERTY LINE5' SETBACK15' SETBACKPROPERTY LINE 352326('%8,/',1*+(,*+7+(,*+72)($9( 352326('PROPERTY LINE5' SETBACK15' SETBACKPROPERTY LINE15' SETBACK 352326('%8,/',1*+(,*+7+(,*+72)($9( 352326('( 24x36 SHEET )( 12x18 SHEET )0SCALE 1”=8’8162440SCALE 1”=16’16 32488224 SOUTH HALCYON |P8NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEESITE SECTIONSSITE SECTION 1SITE SECTION 2+/- 28’- 2” HEIGHT TO EAVE +/- 28’- 2” HEIGHT TO EAVE +/- 28’- 2” HEIGHT TO EAVE 224 SOUTH HALCYON |P9NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEEFIRST FLOOR PLAN1-BD PLAN B3-BD PLAN A1-BD PLAN A2-BD PLAN AFLOOR 13-BD PLAN A 3-BD PLAN A3-BD PLAN A1-BD PLAN BCOMMUNITYROOM( 24x36 SHEET )( 12x18 SHEET )0SCALE 1”=8’8162440SCALE 1”=16’16 32488NFIRST FLOOR AREA: 6,824 SF 224 SOUTH HALCYON |P10NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEESECOND FLOOR PLAN2-BD PLAN AFLOOR 12-BD PLAN AFLOOR 12-BD PLAN AFLOOR 12-BD PLAN AFLOOR 12-BD PLAN AFLOOR 12-BD PLAN AFLOOR 12-BD PLAN AFLOOR 12-BD PLAN AFLOOR 12-BD PLAN AFLOOR 21-BD PLAN A3-BD PLAN BFLOOR 13-BD PLAN BFLOOR 12-BD PLAN BFLOOR 1( 24x36 SHEET )( 12x18 SHEET )0SCALE 1”=8’8162440SCALE 1”=16’16 32488NSECOND FLOOR AREA: 6,743 SF 224 SOUTH HALCYON |P11NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEETHIRD FLOOR PLANN2-BD PLAN AFLOOR 22-BD PLAN AFLOOR 22-BD PLAN AFLOOR 22-BD PLAN AFLOOR 22-BD PLAN AFLOOR 22-BD PLAN AFLOOR 22-BD PLAN AFLOOR 22-BD PLAN AFLOOR 23-BD PLAN BFLOOR 23-BD PLAN BFLOOR 22-BD PLANFLOOR 2( 24x36 SHEET )( 12x18 SHEET )0SCALE 1”=8’8162440SCALE 1”=16’16 32488THIRD FLOOR AREA: 5,377 SF %HG*UHDWURRP%DWK.LWFKHQ1-BEDROOM PLAN A518 SF %HG.LWFKHQ*UHDWURRP%DWK1-BEDROOM PLAN B590 SF %HG%DWK%HGLOWER FLOOR PLANUPPER FLOOR PLAN2-BEDROOM PLAN ALOWER FLOOR = 487 SFUPPER FLOOR = 490 SFTOTAL: 977 SF224 SOUTH HALCYON |P12NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEEUNIT PLANS0SCALE 1”=8’8162440SCALE 1/4”=1’48122( 24x36 SHEET )( 12x18 SHEET ) .LWFKHQ*UHDWURRP%HG%DWK%HG %HG3-BEDROOM PLAN ALOWER FLOOR = 981 SF %HG*UHWURRP3'5.LWFKHQ %HG%DWKLOWER FLOOR PLANUPPER FLOOR PLAN2-BEDROOM PLAN BLOWER FLOOR = 705 SFUPPER FLOOR = 377 SFTOTAL: 1,082 SF224 SOUTH HALCYON |P13NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEEUNIT PLANS0SCALE 1/4”=1’48122( 24x36 SHEET )( 12x18 SHEET )0SCALE 1”=8’816244 .LWFKHQ*UHDWURRP3'5 %HG%HG %HG%DWKLOWER FLOOR PLANUPPER FLOOR PLAN3-BEDROOM PLAN BLOWER FLOOR = 567 SFUPPER FLOOR = 540 SFTOTAL: 1,107 SF224 SOUTH HALCYON |P14NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEEUNIT PLANS0SCALE 1”=8’8162440SCALE 1/4”=1’48122( 24x36 SHEET )( 12x18 SHEET ) 224 SOUTH HALCYON |P15NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEEBUILDING ELEVATIONSNORTH ELEVATION( 24x36 SHEET )( 12x18 SHEET )0SCALE 1”=8’8162440SCALE 1”=16’16 32488EAST ELEVATION+/- 28’- 2” HEIGHT TO EAVE ASPHALT SHINGLE ROOFINGBOARD AND BATT SIDINGVINYL WINDOWSBOARD AND BATT SIDINGMETAL AWNINGSTUCCOWIRE RAILING 224 SOUTH HALCYON |P16NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEEBUILDING ELEVATIONSWEST ELEVATIONSOUTH ELEVATION( 24x36 SHEET )( 12x18 SHEET )0SCALE 1”=8’8162440SCALE 1”=16’16 32488 224 SOUTH HALCYON |P17NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEEPROJECT ELEVATIONS( 24x36 SHEET )( 12x18 SHEET )0SCALE 1”=8’8162440SCALE 1”=16’16 32488SOUTH HALCYON ROAD ELEVATIONDODSON WAY ELEVATION236 SOUTH HALCYON ROAD912 DODSON WAY916 DODSON WAY224 SOUTH HALCYON ROAD236 SOUTH HALCYON ROAD 224 SOUTH HALCYON |P18NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEETRASH ENCLOSUREFRONT ELEVATIONENCLOSURE PERSPECTIVESIDE ELEVATION+/- 12’- 0” 224 SOUTH HALCYON |P19NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEEARCHITECTURAL DETAILSSHED ROOFS WITH METAL ROOFINGGABLE END AND VENTTYPICAL RAILINGPLASTER WAINSCOT AT BASE TYPICAL PRIVATE ENTRIES 224 SOUTH HALCYON |P20NOVEMBER 10, 20171014021 | ARCHITECTURAL REVIEW COMMITTEECHARACTER SKETCH1.$VSKDOW6KLQJOH5RRÀQJ GAF Timberline Cool Series Color: Barkwood2. Standing Seam Metal Roof: MBCI Signature 300 Color: Tundra Sr.46 & SRI 523. Board and Batt Fiber Cement Siding: Color: Spatial White SW 6259 4. Stucco: Spatial White SW 62595. Board and Batt Fiber Cement Siding: Color: Serious Gray SW62566. Railing: 4”x4” Galv wire panels “Hog wire” with wood posts and railing. Color: Peppercorn SW 7674 7. Windows: Vinyl windows. Color: Bronze8. Doors: Rustic Red SW 75939. Wood Fascia/Awning/Top Rail: Color: Peppercorn SW 7674 10. Light 1: Blackened Bronze, Exterior Entry light11. Light 2: Blackened Bronze, Exterior COLOR AND MATERIAL PALETTECOLOR S AND MATERIALS