TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Public Improvement Agreement with Hillsborough Phase III, LLC.
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RECOMMENDATION
Approve Public Improvement Agreement and securities with Hillsborough Phase II, LLC for Site Approval PL16-0357 and authorize the City Manager to execute the necessary documents on behalf of the City.
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FISCAL IMPACT
There is no direct fiscal impact to the City.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Responsible Long-Range Planning
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BACKGROUND
The Hillsborough Village development consists of a 196-unit senior citizen apartment complex (Existing Development), which was approved by the City Council on September 3, 1985. The Existing Development is shown outlined in red in Exhibit 1. Hillsborough Phase III, LLC (“Developer”) desires to construct an addition to the Existing Development, which will include a three-story, 62-unit senior citizen apartment complex, including affordable housing units (“Project”) on an undeveloped lot adjacent to the Hillsborough Property outlined in blue in Exhibit 1, located at 11930 Central Avenue. This undeveloped parcel consists of approximately 1.42 acres (“Property”) specifically shown in Exhibit A, of the attached Public Improvement Agreement (“Exhibit 2”).
In 2001, Measure U was approved by the voters of the City to allow for a change to the land use designation for an 11-acre site to provide for senior citizen housing. The 11-acre site subject to Measure U consists of the area located on the west side of Central Avenue, north of the Pep Boys Auto Parts store and south of the Copper Wood Apartments, which includes the Property, the Existing Development, and the Pacifica Senior Living development. The Measure included the allowance for the future re-zoning of the Property from General Commercial (CG) to Residential (RD20; 20 units/acre) for the construction of senior housing, subject to the City Council’s approval of a development agreement to address any impacts resulting from the development.
Following Measure U, the Property was entitled by the Developer’s affiliate for the construction of a four-story building consisting of 72 senior units, which included a density bonus to allow for the enhanced density limits under Measure U to be exceeded. The Planning Commission approved a total of four one-year extensions before the project’s entitlements expired in 2006. In March 2016, new applications were filed for a similar 72-unit senior housing project.
Following negotiations and discussions with City staff, the applicant revised the scope and scale of its development proposal to consist of a three-story, 62-unit senior housing project, which includes a total of 10 affordable housing units. In addition, as required by Measure U, the applicant entered into a Development Agreement (“DA”) with the City in accordance with the requirements under CMC Section 20.23.070. The Development Agreement ensures that the Project provides an enhanced project design, as well as other design features and specific project requirements.
The DA requires the Developer to comply with the Engineering Conditions of Approval (“COA”) of the Project and any breaches shall constitute a default under the DA. The COA for the Project requires public improvements including, but not limited to, curb, gutter, sidewalk, parkway landscape, a bus shelter (bus stop), asphalt concrete pavement, crosswalk and curb ramps. To guarantee the completion of these public improvements, the developer is required to enter into a Public Improvement Agreement and obtain the necessary securities for the improvements.
ISSUES/ANALYSIS
The requirements made at the time of the site approval have been met by the execution of the Public Improvement Agreement for Site Approval PL16-0357 and by posting the necessary securities to guarantee the construction of public improvements conditioned for the Project. The City Attorney reviewed and approved the Public Improvement Agreement and respective securities, which is attached as Exhibit 2.
It should be further noted that the Developer will pay an in-lieu fee to the City for the construction of the ultimate public improvements along Central Avenue. Improvements include but are not limited to the relocation of the existing curb, gutter, parkway landscape, sidewalk, street widening, and the existing bus shelter. This fee shall be paid prior to the issuance of a building permit.
Attachments: Exhibit 1 - Location Map Site Approval
Exhibit 2 - Public Improvement Agreement Site Approval PL16-0357