HomeMy WebLinkAboutS31 - Lower Bayview Landing - Senior Affordable HousingGVIAWLAGE,�flA
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CITY OF NEWPORT BEACH
CITY ATTORNEY'S OFFICE
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT H. BURNHAM, CITY ATTORNEY
RE: LOWER BAYVIEW LANDING
SENIOR AFFORDABLE HOUSING MOU
DATE: DECEMBER 11, 2001
The Circulation Improvement and Open Space Agreement did not specify
the extent, if any, of the "affordable housing" that The Irvine Company
(Company) would be required to construct in conjunction with development
of the residential parcels. Assistant City Manager Sharon Wood has been
meeting with representatives of The Irvine Company (Company) in an effort
to resolve the confusion created by CIOSA relative to the provision of
affordable housing in conjunction with development of the CIOSA parcels.
City staff and representatives of the Company have developed a proposal to
resolve the confusion through the processing and construction of a fully
affordable 150 unit senior project on Lower Bayview Landing (location map
attached). This office has prepared a Memorandum of Understanding (copy
attached) that generally describes the obligations of the City and the
Company relative to this project
RECOMMENDATION
the City Council authorize the Mayor to sign the MOU.
Burnham
MEMORANDUM OF UNDERSTANDING
LOWER BAYVIEW LANDING
AFFORDABLE HOUSING
This Memorandum of Understanding (MOU), effective upon signing by
the City of Newport Beach (City) and The Irvine Company (Company),
is made with reference to the following:
A. City and Company have entered into the Circulation
Improvement and Open Space Agreement ( "CIOSA "),
pursuant to which Company dedicated certain identified
parcels of open space to City and funded significant
circulation improvements, in return for the right to develop
parcels (the " CIOSA Residential Projects ") in accordance
with the City's General Plan.
B. The City did not impose specific affordable housing
requirements on any of the CIOSA Residential Projects and
the Company did not produce any "affordable" housing
units within the CIOSA Residential Projects.
C. City and Company desire to eliminate the confusion
created by CIOSA.by cooperating in the planning,
processing and construction of senior affordable housing
units (Project) on the Lower Bayview Landing parcel
( Bayview).
D. The Parties wish to adopt this MOU to establish the general
parameters of the Project and the respective duties of each
Party relative to the planning, processing, and construction
of the Project.
UNDERSTANDING
The Parties agree as follows:
1. City and Company agree that Company has, pursuant to
CIOSA, a vested right, subject obtaining a Use Permit, to construct
up to 120 units of senior citizen housing on the parcel commonly
known as Lower Bayview Landing ( "Bayview"). City and Company
also agree that the intent of the zoning and general plan
designations for the site is that the Company is authorized to
construct "affordable" senior housing on Bayview.
2. In consideration of City's commitments in this MOU, Company
commits to have a qualified builder/ developer (the "Builder")
prepare plans for, and submit an application (the "Application") for a
Use Permit and a Coastal Development Permit authorizing
construction, of a fully "affordable" senior citizen housing project
(Project) on Bayview. The application shall propose construction of
the 120 units specified in CIOSA and may propose an additional 30
units pursuant to the "density bonus" provisions of the Land Use
and Housing Element. Company shall, through the Builder,
diligently pursue all approvals and permits necessary to construct
the Project.
3. In consideration of Company's commitments, City agrees that
the construction of the Project shall fully satisfy all of Company's
affordable housing obligations relative to the CIOSA Residential
Projects. City acknowledges that Company has, on the date of
approval of this MOU, no further unmet affordable housing
obligations in the City.
4. City also agrees to expeditiously process the application and
any request for permit or approval submitted by Company or the
Builder, or their agents, relative to the Project.
5. City acknowledges that the Fashion Island Planned
Community Development Plan and District Regulations (Ordinance
No. 87 -45, Statistical Analysis, footnote 1) provide that 30,000
square feet of general retail entitlement in Fashion Island becomes
2
available for use "upon commitment of Bayview Landing for senior
citizen housing purposes" (the "30,000 Square Feet").
6. City acknowledges that this MOU, and Company's
commitment to the Project, is contingent on the City, before
issuance of the first building permit for the Project, taking such
action, if any, as. it deems necessary to allow the utilization of the
30,000 Square Feet within Newport Center - Fashion Island. Company
acknowledges that (1) this MOU does not bind the City Council to
take such action and (2) any such action may' condition use of the
30,000 Square Feet upon completion of construction of the Project.
7. Company and City agree that the availability of funding, the
demand for housing and other factors may influence the feasibility
of the Project. Accordingly, Company shall not be required to
proceed to construct, or approve construction of, the Project, if
Company determines that market conditions make the Project
financially infeasible. Company will, prior to making any such
determination, meet and confer with City regarding the factor
supporting that determination and the options available to City and
Company to mitigate or eliminate those factors.
City of Newport Beach The Irvine Company
By By
Its Its
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Its
Lower Bayview Location Map