Legislation Details

File #: 26-858    Version: 2 Name:
Type: Action Items Status: Agenda Ready
File created: 10/11/2026 In control: City Council/Public Finance and Economic Development Authority/Parking Authority
On agenda: 11/2/2026 Final action:
Title: SUBJECT: Approval of a Fee In-Lieu Agreement with Devonwood Apartments, LP, for a One-Time Infrastructure Contribution of $579,415 REPORT IN BRIEF Approval of a Fee In-Lieu Agreement with Devonwood Apartments, LP, for a One-Time Infrastructure Contribution of $579,415 in Lieu of Community Facilities District No. 2003-2, Special Taxes for APN 058-220-048, through June 30, 2039. RECOMMENDATION City Council - Adopt a motion: A. Approving the Fee In-Lieu Agreement with Devonwood Apartments, LP, for APN 058-220-048, providing for a one-time infrastructure contribution of $579,415 and exemption from CFD special taxes following payment through June 30, 2039; and, B. Authorizing the acceptance of funds; and, C. Authorizing the City Manager to execute the agreement, subject to City Attorney approval as to form; and, D. Authorizing the Finance Office to make necessary budget adjustments.
Attachments: 1. Resolution 2024-12, 2. Devowood Apartment LP In-Lieu Fee Agreement
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Report Prepared by: Leah Brown, Senior Planner, Development Services Department

Title
SUBJECT: Approval of a Fee In-Lieu Agreement with Devonwood Apartments, LP, for a One-Time Infrastructure Contribution of $579,415

REPORT IN BRIEF
Approval of a Fee In-Lieu Agreement with Devonwood Apartments, LP, for a One-Time Infrastructure Contribution of $579,415 in Lieu of Community Facilities District No. 2003-2, Special Taxes for APN 058-220-048, through June 30, 2039.

RECOMMENDATION
City Council - Adopt a motion:

A. Approving the Fee In-Lieu Agreement with Devonwood Apartments, LP, for APN 058-220-048, providing for a one-time infrastructure contribution of $579,415 and exemption from CFD special taxes following payment through June 30, 2039; and,

B. Authorizing the acceptance of funds; and,

C. Authorizing the City Manager to execute the agreement, subject to City Attorney approval as to form; and,

D. Authorizing the Finance Office to make necessary budget adjustments.

Body
ALTERNATIVES
1. Approve the agreement as recommended; or,
2. Direct staff to seek modifications and return to Council; or,
3. Continue the item for additional information; or,
4. Deny the agreement.

AUTHORITY
Charter of the City of Merced, Section 200.

CITY COUNCIL PRIORITIES
As provided for in the 2026-2027 Adopted Budget and the City Council’s Pro-Housing Policies.

DISCUSSION
Devonwood Apartments, LP, owns the affordable housing development commonly known as River Canyon Apartments at 1535 Devonwood Drive, APN 058-220-048. The development is within Community Facilities District (CFD) No. 2003-2, which was established to provide services funded through special taxes.

River Canyon Apartments opened to lower-income residents in 2025 and provides 156 affordable one-, two-, and three-bedroom units on approximately 5.90 acres on the south side of Devonwood Drive, between Loughborough Drive and Austin Avenue. The gated development includes five (5) three-story apartment building...

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