HomeMy WebLinkAbout04 WAIVER REQUEST FOR PARKLAND DEDICATION FEES RELATED TO 140 SOUTH A STREETAgenda Item 4
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AGENDA DA REPORT City Manager
Finance Director /A
MEETING DATE: JUNE 19, 2018
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: WAIVER REQUEST FOR PARKLAND DEDICATION FEES RELATED TO 140
SOUTH A STREET
SUMMARY:
Habitat for Humanity of Orange County, Inc. entered into a Disposition and Development
Agreement (DDA) with the City of Tustin and the Tustin Housing Authority to build two (2)
affordable housing units to be sold to income -eligible Veterans at 140 South A Street. Habitat
has requested approval of a fee waiver for payment of parkland dedication fees.
Applicant: Habitat for Humanity of Orange County, Inc.
RECOMMENDATION:
That the City Council adopt Resolution No. 18-39 authorizing a waiver of parkland dedication
fees related to the construction of two (2) affordable housing units at 140 South A Street.
APPROVAL AUTHORITY:
Tustin City Code (TCC) Section 9331(d)(1)(c) authorizes the City Council in its discretion to
waive parkland dedication fees upon the submission and approval of agreements for specific
projects designed and guaranteed for low income, senior and handicapped citizen occupants.
FISCAL IMPACT:
If approved, it is anticipated that the impact to the general fund will be approximately $58,480 in
parkland dedication fee revenue.
CORRELATION TO THE STRATEGIC PLAN:
The parkland dedication fee waiver falls under Goal D of the Strategic Plan pertaining to
working collaboratively with agencies within and outside the City on issues of mutual interest
and concern by creating affordable ownership opportunities for Veterans.
BACKGROUND AND DISCUSSION:
On July 5, 2016, the City Council approved a request to enter into a Disposition and
Development Agreement (DDA) between the City of Tustin, Tustin Housing Authority, and
City Council Report
June 19, 2018
140 South A
Page 2
Habitat for Humanity of Orange County, Inc. (Habitat) for the construction of two (2) affordable
housing units to be occupied by Veterans.
Affordable housing requirements identified in the DDA include, but are not limited to:
Affordability Restrictions. Developer will make available and restrict occupancy to the
homes to a qualifying Veteran constituting one (1) Low and one (1) Moderate Income
Household as more particularly set forth in the Affordability Covenants.
• Duration of Affordability Requirements. The homes shall be maintained as an owner -
occupied unit available at and owned by a qualifying Veteran constituting one (1) Low and
one (1) Moderate Income Households throughout the sixty (60) year Covenant Period.
Selection of Buyers. Developer shall be responsible for the selection of homebuyers for
the Homes.
On February 28, 2017, the Tustin Planning Commission approved a request to subdivide the
existing 7,405 square -foot lot for condominium purposes, consisting of one (1) numbered lot, for
the development of two (2) detached single family dwelling units and related site improvements.
Permits for this project have been issued and construction is underway.
TCC Section 9331(d) requires the subdivider to dedicate land or pay a fee in lieu thereof, or a
combination of both, at the option of the City except as otherwise provided in Government Code
Section 66477, for the purpose of developing new or rehabilitating existing neighborhood or
community parks and recreational facilities. This fee may be waived by the City Council in its
discretion upon the submission and approval of agreements for specific projects designed and
guaranteed for low income, senior and handicapped citizen occupants.
On May 2, 2018, staff received a letter from Habitat requesting a waiver for payment of park
dedication fees related to the construction of two (2) new residential units. These homes will be
sold to income -qualified households at affordable prices with a sixty (60) year covenant period.
Fees are based upon fair market value of the property at the time of final map recordation. No
appraisal was conducted for this property, however the City used a recent appraisal for another
project for an approximation. Fees are estimated at $58,480.
The Economic Development Department and the City Manager's Office are supportive of this
fee waiver.
Samantha Beier, AICP
Associate Planner
Attachments:
A. City Council Resolution No. 18-39
B. Request for Fee Waiver
A Rt���k
Elizabeth A. Binsack
Community Development Director
RESOLUTION NO. 18-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING WAIVER REQUEST
FOR PARKLAND DEDICATION FEES RELATED TO THE
CONSTRUCTION OF TWO AFFORDABLE HOUSING UNITS
AT 140 SOUTH A STREET.
The City Council of the City of Tustin does hereby resolve as follows:
1. The City Council finds and determines as follows:
A. That on May 2, 2018, staff received a letter from Habitat for Humanity of
Orange County, Inc. (Habitat) requesting a waiver for payment of park
dedication fees related to the construction of two (2) new residential units.
These homes will be sold to income -qualified households at affordable
prices with a sixty (60) year covenant period.
B. That on July 5, 2016, the Tustin City Council approved a request to enter
into a Disposition and Development Agreement (DDA) between the City of
Tustin, Tustin Housing Authority, and Habitat for Habitat for the
construction of two (2) affordable housing units to be occupied by
Veterans.
C. That on February 28, 2017, the Tustin Planning Commission approved a
request to subdivide the existing 7,405 square -foot lot for condominium
purposes, consisting of one (1) numbered lot, for the development of two
(2) detached single family dwelling units and related site improvements.
D. That Tustin City Code (TCC) Section 9331(d) requires the subdivider to
dedicate land or pay a fee in lieu thereof, or a combination of both, at the
option of the City except as otherwise provided in Government Code
Section 66477, for the purpose of developing new or rehabilitating existing
neighborhood or community parks and recreational facilities.
E. That on June 19, 2018 a public meeting was duly called and held
concerning a fee waiver, requested by Habitat, for payment of parkland
dedication fees.
F. That TCC Section 9331(d)(1)(c) authorizes the City Council in its
discretion to waive parkland dedication fees upon the submission and
approval of agreements for specific projects designed and guaranteed for
low income, senior and handicapped citizen occupants.
I1. The City Council hereby approves the waiver of parkland dedication fees related
to the construction of two (2) affordable housing units at 140 South A Street.
Resolution No. 18-39
Page 2
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the
19"' day of June, 2018.
ELWYN A. MURRAY
MAYOR
ATTEST:
ERICA N. RABE
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 18-39
I, ERICA N. RABE, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 18-39 was duly passed
was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 19th
day of June, 2018, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. RABE
CITY CLERK
• ' • Habitat
for Humanity'
of Orange County
Creating
May 1, 2018
a World
Where
Samantha Beier, AICP
Everyone
Associate Planner
has a
City of Tustin
Decent Place
300 Centennial Way
Tustin, CA 92780
to Live.
Re: Written Request for Waiver of Payment of Park Fees
Dear Ms. Beier -
RECEIVED
MAY 0 2 2018
COMMUNITY DEVELOPMENT
BY;
Habitat for Humanity of Orange County, Inc. ("Habitat"), by this letter, requests a waiver for
payment of necessary park fees.
Habitat understands that if it provides a written request to the City of Tustin for waiver of
park fees, such request would be considered, as long as the project qualifies for such
waiver.
Tustin's Subdivision Manual states, under Part D, the grounds for a waiver:
"D. Waiver
Parkland dedication fees may be waived by the City Council in its discretion
upon the submission and approval of agreements for specific projects
designed and guaranteed for low incomesenior and handicapped citizen
occupants."
Habitat believes that it qualifies for the waiver of necessary park fees under Part D as our
Tustin project provides affordable housing for veterans.
If you have any questions about the above, please do not hesitate to contact me at
brad@habitatoc.org, or (714)434-6200x214.
Sincerely,
Brad Shipcott
Director of Land and Home Development
Habitat for Humanity of Orange County, Inc.
2200 Ritchey Street . Santa Ana, CA 92705 . 714.434.6200 • Fax 714.434.1222 . www.HabitatOC.org