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80B - JOINT - AFFORDABLE HOUSING FUNDS AMCAL
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80B - JOINT - AFFORDABLE HOUSING FUNDS AMCAL
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Last modified
12/19/2016 10:51:30 AM
Creation date
12/15/2016 6:06:47 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80B
Date
12/20/2016
Destruction Year
2021
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Allen Matkins Leck Gamble Mallory & Natsis LLP <br />Allen Matldns Attor1900 yMain Law <br />1900 n Street, 5t" Floor I hvine, CA 92614-7321 <br />Telephone: 949.553.1313 1 Facsimile: 949.553.8354 <br />www.allemnatkins.com <br />William R. Devine <br />E-maih wdevine@allemnatkins.com <br />Direct Dial: 949.851.5412 File Number: 372942-00005/OC1119549.02 <br />August 19, 2016 <br />Sonia R. Carvalho <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza, M-29 <br />Santa Ana, CA 92701 <br />Re: Heritage Village OC, LLC <br />Dear Ms. Carvalho: <br />I am writing on behalf of my client Heritage Village OC, LLC ("Developer") to propose a <br />resolution of the matter relating to the timing of payment of the affordable housing in lieu fees that <br />the Developer is obligated to pay in conjunction with development of the Heritage Village Project <br />("Project"). As you know the Project includes a number of buildings that will be developed in three <br />phases, as detailed in the Development Agreement. Pursuant to Section 4-1904(c)(3) of the City <br />Housing Opportunity Ordinance ("HOO") any applicable affordable housing in lieu fee is to be paid <br />prior to issuance of the first building permit for any portion of a residential project. As we have <br />discussed previously, Developer always interpreted the phrase "any portion" to have the same <br />meaning as "each phase" since each phase was a portion of the Project. However, when discussing <br />the phased payment of the in lieu fees with City Staff, City Staff took the position that the HOO <br />required payment of 100% of the affordable housing in lieu fees prior to issuance of the first <br />building permit for Phase 1 of the Project. Based on this interpretation by City Staff it was <br />determined that the only way to resolve the matter was to pursue an amendment to the HOO that <br />would specifically provide for phased payment of in lieu fees for a phased project. Following <br />discussions with City Staff on this matter the Developer filed an application for such an amendment <br />and began the amendment process. During the Planning Commission hearing regarding this matter <br />some objections were raised regarding such amendment. Our understanding is that most of these <br />objections were related to how it might impact the timing of development of the proposed Ameal <br />Affordable Housing Project ("Amcal Project"). <br />Our understanding is that the developers of the Amcal Project plan to seek tax credit <br />financing for their project in the first quarter of 2017. We also understand that in order to obtain the <br />tax credit financing Amcal will need a letter from the City pledging up to $8.75 million toward the <br />cost of development of the Ameal Project. We understand that Amcal is looking for a pledge of <br />$8.75 million from the City toward Ameal's cost of development of their project. We also <br />understand that the City has approximately $2.9 million in its in lieu affordable housing fee fund <br />Los Angeles I Orange County I San Diego I Century City I San Francisco <br />M56 <br />
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