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HomeMy WebLinkAbout39A - DEVELOPMENT RIGHTS 1901 E FIRSTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2014 TITLE: ASSIGNMENT OF DEVELOPMENT RIGHTS FOR THE LYON COMMUNITIES RESIDENTIAL DEVELOPMENT PROJECT TO BE LOCATED AT 1901 EAST FIRST STREET CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Manager to authorize the assignment of development rights for the Lyon Communities residential development project to 1901 First Street Owner, LLC, with such non - substantive changes as may be approved by the City Manager and City Attorney. DISCUSSION In October and November 2013, the City Council approved the entitlements for a new mixed -use development project by Lyon Communities at 1901 East First Street. These entitlements included the approval of the First Amended and Restated Development Agreement, a vesting tentative tract map and site plan review that allowed the construction of a 264 -unit residential development by Lyon Communities. Since the project's approval, Lyon has been finalizing the financing for the project and recently decided to accept limited investors to the project. These new investors, in conjunction with the complexities of the financing for the project, have led to the creation of a new entity, 1901 First Street Owner, LLC, to own the project. The current owners, Lyon Communities, operating as Lyon Housing (First Street) XLVIII, LLC, will still retain majority control over the project. Section 4.2 of the development agreement (Development Agreement No. 2007 -01) allows the assignment of the property, in whole or in part, to any person, entity, partnership, joint venture, firm or corporation at any time with City Council approval. Further, the assignment of rights will include an assignment and assumption agreement confirming that the duties, obligations and liabilities from this development agreement are assumed by the new owner. This will ensure that the plans approved by the Planning Commission and City Council, together with all conditions and requirements, are fully satisfied. Since the project owner is creating a new ownership entity for the project, Council approval of the assignment is needed. 39A -1 Assignment of Development Rights for the Lyon Communities Residential Project September 16, 2014 Page 2 Lyon Communities is an experienced, fiscally sound company that has the capabilities to construct and manage the proposed development project. The assignment of development rights to the new entity will still result in the construction of the project by the Lyon Communities team, which has successfully completed a similar project in south Santa Ana. Therefore, staff recommends that the City Council authorize the City Manager to execute documents assigning the development rights for the 264 -unit development project to 1901 First Street Owner, LLC. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action K 04n&- Haluza Interim Executive Director Planning & Building Agency VF: rb vfveportsH801 E Rmt assiBnment.ccO91614 39A -2