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HomeMy WebLinkAbout2005-08-16; City Council; 18252; Village by the Sea Financial Assistance RequestCITY OF CARLSBAD -AGENDA BILL 13 AB# 18,252 MTG. 8/16/05 DEPT. HlRED TITLE: V ILLAGE BY THE SEA REQUEST FOR FINANCIAL ASSISTANCE FOR LOW INCOME HOMEBUYERS RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2005-265 as recommended by the Housing Commission, APPROVING a request to provide $220,000 in financial assistance from the Housing Trust Fund to the 11 low income home buyers within the Village by the Sea residential development, which is located within the Village Redevelopment Area, and approving and authorizing the City Manager or his designee to prepare and execute the related loan documents with the approval of the City Attorney and/or Special Legal Counsel. ITEM EXPLANATION Anastasi Development recently completed construction of their Village by the Sea residential development within the Village Redevelopment Area. The project is located on Carlsbad Boulevard and Washington Street, between Christiansen and Beech Streets. The project provides for 65 town homes and condominiums with approximately 8600 square feet of retail space fronting on Carlsbad Boulevard. A total of 11 units within the development are being sold to low income households to meet the project’s inclusionary housing obligation. The 11 affordable residential units are located within Building 1 of the Village by the Sea development. They include 9 two bedroom, 1 three bedroom and 1 four bedroom units. The units range in size from approximately 871 to 1,447 square feet. The 11 units will be affordable to households earning 80% or less of the San Diego County Area Median Income ($52,050 to $63,550, depending on bedroom size). The Developer for the Village by the Sea project is Anastasi Development. Anastasi retained Affordable Housing Applications to assist them with developing their affordable housing sales program. Anastasi is requesting financial assistance for the 11 low income homebuyers to help them with the required down payments for the affordable units. Anastasi requested $20,000 to $25,000 per low income homebuyer within the Village by the Sea development. On August 11, 2005, the Housing Commission considered the developer’s request and recommended approval of $220,000 (or $20,000 per unit) in financial assistance for the project. In the past, the City has provided $1 5,000-$20,000 per unit for for-sale product available to low income households. The most recent for-sale product financial assistance request approved was for the Mulberry at Bressi Ranch project. The Mulberry project received $20,000 in assistance from the City for each of the 100 low income buyers. The request for financial assistance is now being forwarded to the City Council for approval and authorization to prepare and execute the appropriate loan documents. FINANCIAL ASSISTANCE FOR THE AFFORDABLE HOUSING PROJECT For most affordable for-sale projects in the past, the City’s assistance has been structured in a form which is first used for project construction and then for deferred financing for the actual homebuyer. In this case, the developer has already completed construction of the units and is requesting assistance for the low income home buyers to assistance them with required down payments for the subject residential units. If the financial assistance request is approved, the financial assistance will be provided directly to the homebuyer at the time of purchase (rather than to the Developer). This City subsidy will be in the form of down payment assistance and structured as a loan which is repaid to the City upon resale of the unit to a non-low income household. AB# 18,252 Page 2 The following restrictions will be placed on the affordable unit: 0 0 0 The low income buyer must live in the unit as hidher principal place of residence; the unit may not be rented. There is a limit to the price at which the unit may be sold during the first fifteen years; it must be sold to another low income household at the appropriate restricted price. After year 15, the home may be sold to a non-low income household but the City’s loan must be repaid. Any real appreciation is shared between the City and the homebuyer based on the contribution to the initial purchase. There is no “windfall’’ profit to the subsidized buyer under this loan structure. The City has the option to purchase the unit at a restricted price when it is put up for sale. The City loan is due and payable upon any default under the Promissory Note, Resale Restriction Agreement, or Deed of Trust, upon transfer of the home and at the end of the 30 year term. 0 Proiect Aqreements Each home buyer will be required to execute loan documents for the assistance. The documents include a Borrower Promissory Note, Borrower Deed of Trust and Securify Agreement, Borrower Resale Restriction Agreement and Option to Purchase, and Borrower Disclosure Statement. These documents are explained below. 0 Borrower Promissory Note- This document is a “promise to pay” the City for the total amount of the loan advanced to borrower. The note is secured by a Deed of Trust. In this agreement, the borrower is promising to repay the City Loan of $20,000, all developer subsidy, and any contingent interest upon sale or transfer of the property. Borrower Deed of Trust and Security Agreement - this document outlines the security for the loan between the City of Carlsbad and the individual property owner. The security provided for the loan includes: 1) the owner’s interest in the property, 2) all buildings and improvements of every kind and description on the property, and 3) interest in all personal property or fixtures on the property. Borrower Resale Restriction Agreement, and Option to Purchase - this document outlines the resale controls on the home and provides the City with an option to purchase the home at a restricted price when the buyer decides to sell the home. 0 Borrower Disclosure Statement - this document explains the major provisions of the Promissory Note, Deed of Trust, and Borrower Resale Restriction Agreement to help the borrower better understand the terms and conditions of said documents. With City Council approval, these documents will be prepared and executed by the City Manager or his designee, with final approval by the City Attorney and/or Special Legal Counsel. HOUSING COMMlSSlONlSTAFF RECOMMENDATION At their meeting on August 11, 2005, the Housing Commission reviewed the request to provide financial assistance to the low income buyers of the affordable housing units within the Village by the Sea residential development. The Commission recommended that the City Council approve the financial assistance in the amount of $220,000 from the Housing Trust Fund and authorize the City Manager or designee to prepare and execute the related loan and regulatory documents. AB ## 18,252 Page 3 SUBORDINATION OF CITY AGREEMENTS It is important to note that by approving the subject agreements, the Council is also agreeing to subordinate the City’s loans and agreements to the lien of deeds of trust securing the financing provided by a private lender. The lenders will require that the City subordinate its loan and agreements to those of the Bank. As with similar previous projects, staff will ensure that the Bank provide commitments reasonably designed to protect the City’s investment in the event of default. These protections include a notice of default to the City and a right of the City to cure the default. ENVIRONMENTAL REVIEW The City of Carlsbad conducted an environmental review of the subject project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration was issued for the project and adopted by the Housing and Redevelopment Commission in their approval of the residential project. No further environmental review is required as part of the approval of the financial assistance. FISCAL IMPACT: The financial assistance to the low income homebuyers will be provided from the City of Carlsbad’s Housing Trust Fund. The Trust Fund has a current undesignated fund balance of approximately $10 million. The $220,000 loan will be in the form of a silent second trust deed loan and will be repaid, along with the Developers subsidy and shared appreciation, upon sale or transfer of each individual property. EXHIBITS: 1. City Council Resolution No. 2005-265 approving financial assistance for the low income homebuyers of affordable units within the Village by the Sea residential development, and authorizing City Manager or designee to prepare and execute appropriate loan documents with approval of the City Attorney and/or Special Legal Counsel. 2. Project Location Map. 3. Housing Commission Staff Report dated August 11, 2005, including developer’s financial assistance request for the low income homebuyers. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY COUNCIL RESOLUTION NO. 2005-265 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING $220,000 IN DOWNPAYMENT FINANCIAL ASSISTANCE FROM THE HOUSING TRUST FUND TO THE 11 LOW INCOME HOME BUYERS WITHIN THE VILLAGE BY THE SEA RESIDENTIAL DEVELOPMENT LOCATED IN THE VILLAGE REDEVELOPMENT AREA, AND APPROVING AND AUTHORIZING THE CITY MANAGER TO PREPARE AND EXECUTE THE RELATED LOAN DOCUMENTS WITH APPROVAL OF THE CITY ATTORNEY AND/OR OUTSIDE LEGAL COUNSEL. APPLICANT: ANASTASI DEVELOPMENT WHEREAS, the City of Carlsbad has identified a need to provide housing which is affordable to low income households in a variety of different forms; and WHEREAS, a project known as “Village by the Sea” has recently completed construction which provides for eleven (11) for-sale, two, three bedroom and four bedroom, condominium units on property generally located on Carlsbad Boulevard and Washington Street, between Beech and Christiansen Streets in the Village Redevelopment Area; and WHEREAS, the affordability level and the unit mix of the proposed project are consistent with the City of Carlsbad’s Housing Element objectives, Consolidated Plan, and Inclusionary Housing Ordinance; and WHEREAS, on August 11, 2005, the City of Carlsbad Housing Commission held a public meeting and recommended that the City Council approve financial participation in the project that is necessary, appropriate and exceeded by the public benefit received by the City; and WHEREAS, the City Council did hold a public meeting to consider a request to provide downpayment assistance to the low income buyers of said eleven (11) for-sale, two, three and four bedroom, condominium housing units affordable to low income households in the Village by the Sea residential development and; lilt 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of CC Resolution No. 2005265 WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Council considered all factors relating to said request: NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. The request for City financial assistance for home buyer down payments for the Village by the Sea residential has been determined to be consistent with the goals and objectives of the City of Carlsbad’s Housing Element and Consolidated Plan, the Inclusionary Housing Ordinance, and the Carlsbad General Plan. 3. The request for City financial assistance will assist low income households to purchase a total of eleven (11) for-sale, two, three and four bedroom, condominium housing units in the Village by the Sea residential development within the Village Redevelopment Area. The project, therefore, has the ability to effectively serve the City’s housing needs and priorities as expressed in the Housing Element and the Consolidated Plan. 4. That based on the information provided within the City Council Staff Report, the Housing Commission Staff Report, dated August 11, 2005, and the testimony presented during the public meeting of the City Council, the City Council hereby APPROVES the financial assistance for the individual low income home buyers within said project and APPROVES a total amount of $220,000 from the City of Carlsbad’s Housing Trust Fund to provide down payment assistance to low income buyers of said eleven (11) for-sale, two, three and four bedroom, condominium housing units in the Village by the Sea residential development. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 of CC Resolution No. 2005-265 5. That the City Council authorizes the City Manager or his designee to prepare and execute all documents related to provision of the City assistance, including but not limited to a Borrower Promissory Note, Borrower Deed of Trust and Security Agreement, Borrower Resale Restriction Agreement and Option to Purchase, and Borrower Disclosure Statement, subject to review and final approval by the City Attorney and/or Special Legal Counsel. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 16th day of AUGUST, 2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin , Sigaf oose NOES: None ABSENT: Council Member Pa ABSTAIN: None ATTEST: A LORRAINE M. WO&, City Clerk ’ - [SEAL) 3 EXHIBIT 2 Project Location Map Village by the Sea VILLAGE BY THE SEA RP 01-06/CT 01-lO/CDP 01-16 EXHIBIT 3 Housing Commission Staff Report Village by the Sea Financial Assistance CftyoiCaa-labad Houmizqg 8t Redewelopmarat Department AREPORTTO'I'HE HOUSXNG UO-lsSXON DATE: August 11,2005 SUBJECT: VILLAGE BY THE SEA - RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL TO PROVIDE $220,000 IN FINANCIAL ASSISTANCE TO THE BUYERS OF ELEVEN (11) AFFORDABLE CONDOMINIUM UNITS WITHIN THE VELAGE BY THE SEA PROJECT IN THE VILLAGE REDEVELOPMENT AREA. I. RECOMMENDATION That the Housing Commission ADOPT Resolution No. 2005-05, recommending APPROVAL to the City Council to provide $220,000 in financial assistance from the Housing Trust Fund in the form of low income home buyer down payment assistance for eleven (11) affordable for-sale condominium units within the Village By the Sea development within the Village Redevelopment Area. 11. PROJECT BACKGROUND The Village by the Sea housing development recently completed construction. The development provides for a total of 65 town homes and condominiums (stacked flats) and approximately 8600 square feet of commercial space. 111. PROJECT DESCRIPTION The affordable housing condominiums located within the Village by the Sea project are located on Washington Street and Carlsbad Boulevard, between Christiansen Way and Beech Street. The affordable condominiums have been constructed as stacked flats within Building 1 of the development. See attached site plan. The condominiums have been priced for sale to be affordable to households earning 80% of the San Diego County Area Median Income. The maximum prices for the affordable units is $182,700 for a two bedroom, $2 1 1,100 for a three bedroom, and $227,400 for a four bedroom. The maximum income for households purchasing an affordable unit is $52,050 for a two bedroom unit, $59,200 for a three bedroom unit, and $63,550 for a four bedroom unit. The chart below provides a summary of the number of units available for each bedroom size. VILLAGE BY THE SEA AFFORDABLE CONDOMINIUMS AUGUST 11,2005 PAGE 2 Two/Two Three/Two Four/Three 871sf 9 1,170 1 1,447 1 I---- I Total 11 IV. DEVELOPMENT TEAM The Developer for the Village by the Sea is Anastasi Development. The affordable housing units have been constructed by Anastasi as part of the market-rate development. Anastasi Development has considerable experience in the development of market-rate housing within urban environments. Anastasi partnered with Affordable Housing Applications, which has considerable experience in developing and implementing affordable for-sale programs. V. FINANCIAL ASSISTANCE From the beginning, it has been Anastasi Development’s intent to provide the required affordable housing units with no financial assistance from the City of Carlsbad. They do not wish to receive any form of government assistance to meet their obligation. Their intent has been to self-finance construction of the affordable units and then to work through the California Housing Finance Agency (CalHFA) to obtain loan interest loans (4%) for their buyers which would allow them to meet the qualification requirements for the City’s Inclusionary Housing Program. CalHFA gave initial assurances to the developer that all of its buyers would be eligible to participate in the low interest loan program offered by their office. Unfortunately, CalHFA reversed its decision after the developer had qualified all of the buyers and offered them an affordable home in their development. CalHFA’s legal counsel ultimately determined that the City’s shared appreciation requirements do not meet CalHFA’s guidelines. Therefore, they will not authorize participation of the potential buyers. As a result, the low income households will not be able to obtain CalHFA’s low interest loans. This will require the potential buyers to obtain private financing which will have a much higher interest rate (approximately 5.25%). This is a significant increase which results in all of the buyers now being ineligible to purchase the home in Village by the Sea. In order for the buyers to remain eligible to purchase a unit, they will need a larger down payment. Many of the buyers, however, do not have access to additional funds for a larger down payment. VILLAGE BY THE SEA AFFORDABLE CONDOMINIUMS AUGUST 11,2005 PAGE 3 On behalf of the low income buyers, Anastasi has requested that the City provide down payment assistance in the amount of $20,000 to $25,000 per household. See attached letter from Anastasi Development. This will allow the existing buyers who had expected to purchase a home in the Village by the Sea development with the assistance of CalHFA to proceed with their acquisition. Although it is unusual for a developer to come in after the fact and request financial assistance for the buyers, there is precedence for providing financial assistance directly to the homebuyer rather than the developer for construction purposes. The Mulberry development at Bressi Ranch has a similar financial assistance structure. The City approved down payment assistance of $20,000 each for 100 low income households with the Mulberry development. This assistance is provided directly to the homebuyer to allow them the ability to obtain a smaller private loan (mortgage) for purchase of their new affordable home thereby making their monthly housing payments meet the City’s criteria for affordable housing purposes. Staff is recommending that the City provide $220,000 (or $20,000 per unit) in down payment assistance for the 11 low income home buyers for the Village by the Sea development. The City down payment assistance will be structured as loan that is repaid to the City upon resale of the unit. Any real appreciation is shared between the City and the homebuyer based on the contribution to the initial purchase. No “windfall” is provided to the subsidized buyer, and the City’s position is protected. The financial assistance will be provided from the City of Carlsbad’s Housing Trust Fund. The Fund currently has a balance of approximately $10 million The City takes a security interest in the property for the affordable housing project. Because the amount of City assistance is only a portion of the total subsidy, the City will have a significant “cushion” of equity protecting its actual cash loan. In addition, the individual units will be required to remain affordable for fifteen years after the initial purchase. If the home owner wishes to sell the unit within the first fifteen years, the property must be sold to a low income household at a price that is affordable to said buyer. The requirement to sale the unit at an affordable price is guaranteed through the execution of a Deed of Trust and a Resale Agreement, which are both recorded against the property. From a risk standpoint, the City’s financial assistance will be subordinated to conventional bank financing. If a problem did arise, the bank’s interest would come ahead of the City’s. This risk, however, is mitigated by the fact that the City’s program restricts the amount of gross household income that may be used for housing costs. As a result, the household is in a better financial position because they are not overextended on their housing costs. The risk of default on the conventional loan is thereby significantly reduced. VILLAGE BY THE SEA AFFORDABLE CONDOMINIUMS AUGUST 11,2005 PAGE 4 VII. SUMMARY AND STAFF RECOMMENDATION It is the role of the Housing Commission to make financial assistance recommendations to the City Council based on several considerations with respect to affordable housing projects. These are: 0 The proposal's effectiveness in serving the City's needs and priorities as expressed in the Housing Element of the General Plan and the Consolidated Plan. The proposal's consistency with the City's affordable housing policies and ordinances as expressed in the Housing Element and Inclusionary Housing Ordinance. The proposal's development and operating feasibility, emphasizing the development team capacity, financing sources and the role of the City in providing financial assistance or incentives. Staff is recommending that the Housing Commission approve a recommendation to the City Council to commit a total of $220,000 (or $20,000) to the 11 buyers of affordable housing units within the Village by the Sea Development. The hding will be provided from the City of Carlsbad's Housing Trust Fund. The Housing Trust Fund has a current undesignated fund balance of approximately $10 million. VIII. EXHIBITS 1. Housing Commission Resolution No. 2005-05 2. Correspondence dated August 1,2005 from Anastasi Development 3. Project Locator Map 4. Project Site Plan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING COMMISSION RESOLUTION NO. 2005-005 THAT THE HOUSING COMMISSION RECOMMEND APPROVAI TO THE CITY COUNCIL TO PROVIDE $220,000 IN FINANCIAL ASSISTANCE FROM THE HOUSING TRUST FUND IN THE FORM OF LOW INCOME HOME BUYER DOWN PAYMENT ASSISTANCE LOANS TO THE BUYERS OF ELEVEN (11) AFFORDABLE CONDOMINIMUM UNITS WITHIN THE VILLAGE BY THE SEA PROJECT IN THE VILLAGE REDEVELOPMENT AREA. APPLICANT: ANASTASI DEVELOPMENT PROJECT: VILLAGE BY THE SEA WHEREAS, Anastasi Development is the developer of the Village by the Sea housing development within the Village Redevelopment Area; and WHEREAS, Anastasi Development has constructed a total of 65 residential housing units within the Village by the Sea development, of which 11 are affordable to low income households; and WHEREAS, pursuant to the City of Carlsbad’s Inclusionary Housing Ordinance, Chapter 2 1.85 of the Carlsbad Municipal Code, the developer is selling 1 1 two, three and four bedroom units to low income households as a means to satisfy the affordable housing obligations for the Village by the Sea development; and WHEREAS, Anastasi Development has requested financial assistance from the City of Carlsbad to assist the low income buyers to provide the required down payment for said affordable units; WHEREAS, on August 11, 2005, the Housing Commission held a public meeting to consider the developer’s request for financial assistance for the low income buyers to purchase 11 affordable housing units within the Village by the Sea development; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Commission considered all factors relating to the request for financial assistance; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. The project is consistent with the goals and objectives of the City of Carlsbad's Housing Element, the Consolidated Plan, the Inclusionary Housing Ordinance, and the Carlsbad General Plan. 3. The project will provide a total of 11, for-sale, two, three and four bedroom attached condominium units affordable for purchase to households at 80% or below of the county median income which meets a "medium priority'' affordable housing need as outlined within the City of Carlsbad's approved 2000-2005 Consolidated Plan. The project, therefore, has the ability to effectively serve the City's housing needs and priorities as expressed in the Housing Element and the Consolidated Plan. 4. That based on the information provided within the Housing Commission Staff Report and testimony presented during the public meeting of the Housing Commission on August 11, 2005, the Housing Commission hereby ADOPTS Resolution No. 2005- 05, recommending APPROVAL to the City Council to provide $220,000 in financial assistance for the low income buyers purchasing 11 affordable two, three and four bedroom attached condominium units to satisfy the requirements of the Inclusionary Housing Ordinance for the Village by the Sea development. Funding for the down payment assistance program shall be provided from the City of Carlsbad's Housing Trust Fund. /Ill Ill/ Ill/ Ill/ Ill/ /ill HC RES0 NO. 2005-05 PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. That the Housing Commission recommends that the City Manager or his designee be authorized to prepare and execute the borrower loan documents subject to review and approval by the City Attorney and/or Special Legal Counsel. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing Commission of the City of Carlsbad, California, held on the 1 lth day of August, 2005, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: EDWARD SCARPELLI, CHAIRPERSON CAFUSBAD HOUSING COMMISSION DEBORAH K. FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR HC RESO. NO. 2005-05 PAGE 3 EXHIBIT 2 MEMORANDUM August 1,2005 TO: Debbie Fountain, City of Carlsbad FROM: John Simon, Anastasi Development and Jim Hunt AHS SUBJECT: City Home Buyer Funds We are writing to request assistance in selling our 11 affordable units. Unlike the other developers participating in your for-sale inclusionary housing program, Anastasi Development did not require a narrow income range for qualification. We took buyers that were below 80% but did not impose a floor. We felt we could do this because of the assistance offered by CalHFA. Unfortunately, as you know, despite their early assurances to approve the program, CalHFA declined to fund the Carlsbad program. Without the CalHFA low interest rate and additional assistance which totaled more than $38,000 per household, Anastasi Development finds it difficult or impossible to qualify the buyers that we have been working with for several months. Additional City assistance of $20,000 - $25,000 per unit would help us qualify our buyers. In addition to the City funds each buyer will apply for a SD County Mortgage Credit Certificate (MCC) tax credit assistance. Even with the City assistance and the MCC program, Anastasi Develo ment still finds it necessary to provide additional funds in the form of a 3' trust deed to effect the sale of our affordable units. 8 Thank you for your consideration of this request. i 7 EXHIBIT 3 SI VILLAGE BY THE SEA RP 01=06/CT 01-IOICDP 01-16 u z EXHIBIT 4