F:\Docs\AFFORDABLE HOUSING DEVELOPMENT\Development OCvibe\Housing Incentives MOU
HOUSING INCENTIVES MEMORANDUM WITH HOUSING & COMMUNITY DEVELOPMENT
GENERAL DENSITY BONUS DEVELOPMENT
Date of Memorandum: September 20, 2024
Developer Name: Anaheim Real Estate Partners, LLC.
Developer Address: 2101 E. Coast Highway, Suite 230, Corona Del mar, CA 92625 Project Address: 2695 E. Katella Avenue
Name of Development: ocV!BE Mixed Use Development Project Number of Units: Total Units up to 2,250 Affordable Units 300-340, subject to Section vi below if fewer than 2,250 units are developed Type of Development: Apartments XX Low-Income Housing Tax Credit Affordable Program: Density Bonus XX
The City of Anaheim may grant a density bonus and/or other incentives (collectively referred to as “Housing Incentives ”) for the development of an General Density Bonus development pursuant to Chapter 4, Section 65915 of the California Government Code and Title 18, Chapter
18.52 of the Anaheim Municipal Code, as may be amended from time to time. The term “General Density Bonus” development also refers to the specific project being developed by Anaheim Real Estate Partners, LLC. Upon approval of this Housing Incentives Me morandum, the City of Anaheim shall enter into a Housing Incentives Agreement with the developer and/or owner (hereinafter referred to as “Developer”) of the General Density Bonus development pursuant to the requirements of Chapter 18.52. The parties to this Housing Incentives Memorandum may mutually agree to enter into separate Housing Incentives Agreements for Phase 2, Phase 3, Phase 4 and Phase 5 or an amended Housing Incentives Agreement for any affordable units that are sited at an offsite location, as discussed below.
This Housing Incentives Memorandum with Housing & Community Development, executed by the Developer and the Anaheim Housing & Community Development Department, shall serve as a memorandum acknowledging the basic terms that will be included in the H ousing Incentives Agreement(s) that shall be submitted to the Planning Department by the Developer at the same time the Developer applies for incentives and/or a density bonus per the Housing Incentives Ordinance.
Pursuant to the Amended and Restated Development Agreement No. 2020-00004 between the City of Anaheim and Anaheim Real Estate Partners, LLC, Section 22(e) Owner shall provide Affordable Units as defined in Chapter 18.52 of the Zoning Code and the California Health & Safety Code and as described below in subsections (i) through (vi) (hereinafter “Affordable Units”), as follows:
i. Affordable Housing in Project Phase 2: City and Owner agree to negotiate in good faith on a Housing Incentives Agreement for Project Phase 2 to provide for the development of 35 Moderate Income residential units onsite, as defined in Chapter 18.52 of the Zoning Code and the California Health and Safety Code.
The Housing Incentives Agreement for Phase 2 shall be completed/recorded prior to final map approval, or where a map is not being processed, prior to issuance of rough grading and building permits for residential units in Phase 2. ii. Affordable Housing in Project Phase 3: City and Owner agree to negotiate in good faith on a Housing Incentives Agreement for Project Phase 3 to provide for the development of a minimum of 215 affordable residential units, including 100 Housing Incentives Memorandum with Housing & Community Development 2695 E. Katella Avenue
Very Low Income, 100 Low Income, and 15 Moderate Income units on the Property, as defined in Chapter 18.52 of the Zoning Code and the California Health and Safety Code. The Housing Incentives Agreement for Project Phase 3 shall be completed/recorded prior to final map approval, or where a map is not being processed, prior to issuance of rough grading and building permits for
residential units in Phase 3.
iii. Affordable Housing in Project Phase 4: City and Owner agree to negotiate in good faith on a Housing Incentives Agreement for Project Phase 4 to provide for the development of 25 Moderate Income units on the Property, as defined in Chapter 18.52 of the Zoning Code and the California Health and Safety Code.
The Housing Incentives Agreement for Project Phase 4 shall be completed/recorded prior to final map approval, or where a map is not being processed, prior to issuance of rough grading and building permits for residential units in Phase 4.
iv. Affordable Housing in Project Phase 5: City and Owner agree to negotiate in good faith on a Housing Incentives Agreement for Project Phase 5 to provide for the development of 25 Moderate Income units on the Property, as defined in Chapter 18.52 of the Zoning Code and the California Health and Safety Code.
The Housing Incentives Agreement for Project Phase 5 shall be completed/recorded prior to final map approval, or where a map is not being processed, prior to issuance of rough grading and building permits for residential units in Phase 5.
v. Option for Affordable Housing at Offsite Location: Owner may, pursuant to requirements of Government Code Section 65915(g)(2)(G) and consistent with Zoning Code chapters/sections 18.52.050 and 18.52.080.0208, request that City approve relocation of all, or a portion of, the affordable housing obligation to a site within the City that is: (1) within ¼ mile of the Project boundary; and (2) within or adjacent to the Platinum Triangle (“Offsite Location”). The City may approve or deny such a request as part of its consideration of the Housing Incentives Agreement for Phases 2 or Phase 3. In the event that necessary Development Approvals for an Offsite Location require City approval of a General Plan Amendment, Platinum Triangle Master Land Use Plan amendment, or Reclassification to a residential zone, in order to allow multi-family residential development, Owner shall increase the number of affordable housing units to be constructed from 300 units to 340 units, consisting of 100 Very Low Income units, 120 Low Income units and 120 Moderate Income units, equal to 15% of 2,250 total residential units. If the affordable housing is to be constructed on the Offsite Location, 290 affordable units are to be completed no later than completion of Project Phase 3, 25 affordable units are to be completed no later than completion of Project Phase 4 and 25 affordable units are to be completed no later than completion of Project Phase 5. The unit mix and bedroom types shall be provided at a similar mix of units and bedroom types as the market rate units in the project and shall be subject to approval by the Housing & Community Development Director.
vi. Affordable Housing if Fewer Residential Units are Developed. If fewer than 2,250 residential units are developed, the number of affordable units will be determined by multiplying the affordable housing obligation by the number of proposed residential units. Consistent with the affordable housing obligations in Sections 22(e)(i)-(iv) of the Amended and Restated Development Agreement, if Housing Incentives Memorandum with Housing & Community Development 2695 E. Katella Avenue
units are provided on-site, 13.3% of units shall be affordable. Consistent with Section 22(e)(v) of the Amended and Restated Development Agreement, if units are provided at an Offsite Location, 15.1% of units shall be affordable. The number of Low and Very Low-income units would remain fixed (100 Low and 100 Very Low units for an on-site option and 120 Low and 100 Very Low units for an Offsite Location) and the number of remaining units necessary to meet the affordable housing total would be Moderate income units.
For the purposes of illustration only:
For the on-site option with 1,960 units, the maximum number of affordable units would be calculated as 1,960 * 13.3% = 261 total units. The Low and Very Low- income units remain fixed at 200 (with 100 Low and Very Low), and the remaining 61 units would be Moderate.
For the off-site option with 1,960 units, the maximum number of affordable units would be calculated as 1,960 * 15.1% = 296 total units. The Low and Very Low- income units remain fixed at 220 (with 120 Low and 100 Very Low), and the remaining 76 units would be Moderate.
In such a scenario, the Low and Very Low units shall be provided in Project Phase 3. The Moderate-income units shall be provided in the same phases as described above in Sections 22(e)(i)-(iv) until Moderate income totals are reached.
Minor Amendments to Housing Incentives Memorandum and Housing Incentives Agreements:
City and Owner acknowledge that it may be beneficial to the public interest to allow minor amendments to the Housing Incentives Memorandum and/or approved Housing Incentives Agreements. Minor amendments to the Housing Incentives Memorandum or Agreements may be approved by the City Manager, or his/her designee, as long as the minor amendments do not reduce the total number of Affordable Units or the number of units provided at Very Low -, Low-, and Moderate-Income levels as specified herein above.
Developer acknowledges that the Housing Incentives Agreement (s) will include, but not be limited to, the following conditions:
1. The Developer shall execute and record against the development site (or portion thereof) a Housing Incentives Agreement (s) that sets forth the terms and conditions of this Housing Incentives Memorandum at it relates to the encumbered property . The Housing Incentives Agreement(s) shall be binding on the Developer and all future owners and successors in interest thereof.
2. That at least one hundred (100) units will be restricted to a rent that is affordable for Very - Low Income households (Affordable Units).
Affordable Housing Rent is defined pursuant to Section 18.52.020.020 of Chapter 18.52 of the Anaheim Municipal Code, as may be amended from time to time. Affordable Housing Rent shall be calculated as the product of thirty percent (30%) times fifty percent (50%) of the area median income for Orange County adjusted for the appropriate household size for the unit.
That at least one-hundred (100) units will be restricted to a rent that is affordable for Low er income households (Affordable Units).
Housing Incentives Memorandum with Housing & Community Development 2695 E. Katella Avenue
Affordable Housing Rent is defined pursuant to Section 18.52.020.020 of Chapter 18.52 of the Anaheim Municipal Code, as may be amended from time to time. Affordable Housing Rent shall be calculated as the product of thirty percent (30%) times fifty percent ( 60%) of the area median income for Orange County adjusted for the appropriate household size for the unit.
That at least one -hundred ( 100) units will be restricted to a rent that is affordable for Moderate income households (Affordable Units) unless fewer than 2,250 units are developed as described above in Section vi.
The Very-low and Lower income units will be located in Residential Building No. 3b and the Moderate income units will be dispersed between Residential Buildings 1 through 5. The unit bedroom allocations shall be proportionally allocated and distributed throughout the building. Final bedroom allocation and location shall be reviewed and approved by the Housing & Community Development Department.
Affordable Housing Rent is defined pursuant to Section 18.52.020.020 of Chapter 18.52 of the Anaheim Municipal Code, as may be amended from time to time. Affordable Housing Rent shall be calculated as the product of thirty percent (30%) times fifty percent ( 110%) of the area median income for Orange County adjusted for the appropriate household size for the unit.
The appropriate area median income and household size for the units shall be determined based on the area median income for Orange County as published by the Department of Housing and Urban Development . The affordable rents shall be those rents established and defined by Section 50053 of the California Health and Safety Code.
2024 Affordable Units Schedule (to be adjusted annually) Bedroom
Size
Affordable
Units Affordable Rent (Monthly) Current
Gross Rents
0 bedroom
25 30% x 50% AMI for Orange County,
adjusted for household size, divided by 12 $1,129
0 bedroom
29 30% x 60% AMI for Orange County,
adjusted for household size, divided by 12 $1,355
0 bedroom
32 30% x 110% AMI for Orange County,
adjusted for household size, divided by 12 $2,483
1 bedroom
58 30% x 50% AMI for Orange County,
adjusted for household size, divided by 12
$1,290
1 bedroom
55 30% x 60% AMI for Orange County,
adjusted for household size, divided by 12
$1,548
1 bedroom
57 30% x 110% AMI for Orange County,
adjusted for household size, divided by 12
$2,838
2 bedroom
17 30% x 50% AMI for Orange County,
adjusted for household size, divided by 12
$1,451
2 bedroom
16 30% x 60% AMI for Orange County,
adjusted for household size, divided by 12
$1,741
2 bedroom
11 30% x 110% AMI for Orange County,
adjusted for household size, divided by 12
$3,192
Total
Units
300
Housing Incentives Memorandum with Housing & Community Development 2695 E. Katella Avenue
3. That the Affordable Units shall remain affordable, as calculated per Condition No. 1, for a minimum period of fifty-five (55) years.
4. That the design of the General Density Bonus Development shall comply with the guidelines set forth in the Residential Design Guidelines for Affordable Housing Development produced by the City of Anaheim and any other applicable guidelines adopted by the City from time to time.
5. That the General Density Bonus Development will be developed in accordance with the Master Site Plan for the OC Vibe Project, as set forth in Exhibit B to Amended and Restated Development Agreement No. 2020- 00004, and as may be modified in future Final Site Plans approved for the General Density Bonus Project.
6. That the General Density Bonus Development will preserve the integrity and character of the property’s zoning designation and the General Plan.
7. That the occupancy of each unit in the General Density Bonus Development shall not exceed two (2) persons per bedroom plus one (1).
8. That if Parking Ratios are utilized pursuant to the minimum standards of the California Density Bonus Law or Table 52- I (Parking Ratios) of Chapter 18.52 of the Anaheim Municipal Code, whichever is less restrictive, the owner of the General Density Bonus Development shall provide a Parking Management Plan, which shall be attached to the Housing Incentives Agreement , unless otherwise prohibited by state law . The Parking Management Plan shall include, among other things, a map depicting which parking spaces are reserved and which are not.
9. That the General Density Bonus Development shall comply with a written Management Plan, acceptable to the Housing & Community Development Director, which shall be attached to the Housing Incentives Agreement(s) for the management of the A ffordable Units referenced herein.
10. The Developer shall comply with the leasing provisions outlined in a Marketing and Tenant Selection Plan provided by the Housing & Community Development Department for the Affordable Units referenced herein , which shall be attached to the Housing Incentives Agreement(s).
11. The Developer shall provide first priority to people who live or work in the city to rent the Affordable Units referenced herein.
12. That prior to occupancy of any rental unit, Professional Management shall be provided for all of the A ffordable Units referenced herein in the General Density Bonus Development.
The Professional Management shall manage and maintain the property, monitor the use of parking spaces, and market and select tenants in accordance with the Parking Management Plan required by Condition No. 8, the Management Plan required by Condition No. 9, and the Marketing and Tenant Selection Plan required by Condition No. 10. Professional Management shall be on-site for any General Density Bonus Development over sixteen (16) Affordable Units.
13. That the General Density Bonus Development shall comply with all reporting requirements, including timely submission of annual income recertification of tenants, annual operating Housing Incentives Memorandum with Housing & Community Development 2695 E. Katella Avenue
budget and any other ongoing compliance related documentation identified and/or required under the Affordable Housing Agreement(s) for the Affordable Units.
14. That the General Density Bonus Development shall comply with all other regulatory provisions as may be required by other project funding sources for the Affordable Units.
By signing and returning this Housing Incentives Memorandum with Housing & Community Development, as the Developer, I concur and agree to all of the terms and conditions set forth above and agree to execute a Housing Incentives Agreement(s).
________________________________ _______________
Developer Date
Receipt Acknowledged:
By: ______________________________ _______________
Grace Ruiz-Stepter Date
Housing & Community
Development Director