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HomeMy WebLinkAboutAffordable Housing in lieu fee for new residential projects 3 �3 # p 3 V r,, HUNTINGTON BEACHI CHAMBERS y COMMER E h I�p E� n May 4,2007 Mayor Gil Coerper And Members of the City Council 2000 Main Street Huntington Beach, Ca 92648 Dear Mayor Coerper: We understand that the City Council will be holding a public hearing on Affordable Housing In-Lieu Fees at your meeting on May 7, 2007. The Chamber has followed this issue for many years and has submitted previous recommendations to the City Council. Although we did not have the opportunity to discuss the current proposal coming before you, we strongly urge you to only go forward with the change in the ordinance for subdivisions with fewer than 10 units, if the fee can be based on the rental housing rate. Since a great deal of time has been spent by our committee in submitting previous recommendations, we urge the City Council to schedule another affordable housing committee meeting to discuss our recommendations and to strongly consider adoption of an ordinance that allows for an In-lieu fee, for affordable housing, be an option for all residential projects. We will,have committee members attending the May 7 meeting. Sincerely, oyce� (�C �J�C� -?6 J President JR/sj 19891 Beach Blvd.,Suite 140 • Creating a strong local economy Huntington Beach,CA 92648 • Promoting the community (714)536-8888 • Providing networking opportunities (714)960-7654 Fax Representing the interests of businesses with government www.hbchamber.com • Political action u HUNTINGTON BEACH CHAMBER° COMMERCU, �• ® ' �' April 18, 2006 Mary Beth Broeren, Principal Planner City of Huntington Beach 2000 Main Street Huntington Beach, Ca 92648 Dear Mary Beth: Over the past fifteen years, the Huntington Beach Chamber has been working with the City to implement better methods of addressing the communities affordable housing needs. It has always been recognized that affordable housing should be a shared obligation between public and private interests as neither the development community nor the City can effectively address this important issue alone. The following comments, issues and policy suggestions reflect current chamber concerns, although many of the same issues were discussed and presented in 1992 through the City's Affordable Housing Task Force. The Chamber believes that in order to implement a comprehensive approach to affordable housing a variety of options must be explored. The City's current inclusionary requirements are too restrictive to address the variety of affordable housing options that could result in more effective solutions. State laws effecting housing have changed and are constantly being refined. The local policy makers in the community have also changed and the time is right to develop new strategies and programs that truly address the communities housing needs and not an arbitrarily imposed goal based on the regions desires. Huntington Beach is 97% developed with relatively few sites remaining for new affordable residential developments. The City should expand the opportunities for new affordable housing by establishing additional sites for higher residential densities. The City should also consider mixed use residential within commercial and industrial projects. Currently the mixed-use option is limited due to the lack of a City zoning code to regulate mixed-use projects and the City's adopted floor- area-ratios in the General Plan. Rental housing should be the primary means of addressing the communities affordable housing needs. Payment of an in-lieu fee, into a special fund, 19891 Beach Blvd.,Suite 140 • Creating a strong local economy Huntington Beach,CA 92648 • Promoting the community (714)536-8888 • Providing networking opportunities (714),960-7654 Fax Representing the interests of businesses with government www.hbchamber.com • Political action :v s. City of Huntington Beach April 18,2006 Page 2 of 3. provides opportunities for the City to pick and choose how affordable housing money should be spent to provide programs that are not otherwise available. Developers should be able to satisfy their obligation by providing the units on- site, off-site (within an existing development) or by paying an in-lieu fee. • Provide Units On-Site: This option is more easily accomplished within medium-high to high density projects of 50 units or more. New market rate apartment projects might also be able to provide affordable units on- site. • Provide Units Off-Site: New for-sale housing projects may be able to secure existing apartment buildings in other parts of the City that are adjacent to shopping, transportation or employment centers. This City has a number of "at risk" affordable apartment buildings that could be good candidates for this approach while maintaining existing affordable apartments. • Allow For an In-Lieu Fee Payment: This option should be available to all new residential projects. By far, an in-lieu fee payment provides the community with the greatest flexibility in addressing the wide variety of options. This option will require a greater level of participation on the part of the City. In the recent report prepared by Keyser Marston Associates for the City, the affordable gap in a rental project is estimated at an average of $105,000 per income-restricted unit for very low and low income households. At the current City inclusionary requirement of 10%, this equates to an in-lieu affordable housing fee of $10,500 per market rate unit. In order to guide the City through the affordable housing implementation process the current Housing Element of the City's General Plan is in need of an update. Housing Elements are required to be updated every five years. The City's housing Element was adopted on February 1, 1999. The goals, objectives, policies and implementation programs need to be evaluated, the efficiency of such programs gauged and the entire Housing Element amended with new implementation mechanisms that will allow the City to meet identified housing needs, with a particular emphasis on City workforce housing for police, fire, teachers, nurses and hotel/tourism employees. The housing Element update should include mechanisms to: • Fully implement the state's new Density Bonus Law (Government Code section 65915 effective January 2005) as an incentive to integrate affordable housing units in market residential projects. r .,. '�, •� n �` E`� iAw`e-.. «.. Mary Beth Broeren City of Huntington Beach April 18, 2006 Page 3 of 3 • Facilitate mixed-use and in-fill development through rezoning of struggling retail and industrial areas throughout town, with particular attention to Beach Boulevard and other commercial corridors. • Amend the Land Use Element of General Plan and Zoning codes to fully implement the adopted policies in the Housing Element. These suggestions will better address the communities needs for providing a greater variety and affordability of housing options. The Huntington Beach Chamber Board encourages the City to take a broader view of this important issue. On behalf of the Board of Directors, we will offer to assist the City in any way possible. In addition to the broader aspects of affordable housing presented in this letter, the Board would also like to express comments on changes to the existing Affordable Housing Ordinance (Sec.230.26). Attached please find specific suggested changes to the current ordinance which are consistent with the preceding discussion items in this letter. Thank you again for the opportunity to address this important community issue. Sincerely, Huntington Beach Ch mber of Commerce Jo ce/ , iddell esident cc: Mayor Dave Sullivan Gil Coerper Keith Bohr Debbie Cook Cathy Green Don Hansen Jill Hardy Penny Culbreth-Graft Paul Emery Howard Zelefsky II E�X-T V S-u I-A a-�-Aft n�_� _ - 1, CQDSIR K)(? --AND_N eT �-WsivJ --- --- --- Ll �2jA e.___ _ iI TNsS S��LD _02ZA� ---- "l ! b, ak broad city nlan. and which of l � � a y large corporate developers ers t lac exempt trom current i­aniutwa aiiu we vc sccu so muei; regulations that require an EIR SB 427: State Senator Tom Harman claims his hill of in Orange County," Harman to examine project alternatives : will help stop urban sprawl. t told the OC Voice, as well as growth inducing and Harman says that the bill is cumulative impacts. I mentally sound and -,vhy other it—that a proposed development necessary because CEQA cur- The short form. EIR is also ; such measures were not taken. I would have aii adverse environ- i i`eritly has "unintended conse- exempt from currently required j CEQA's"fair argument"claus r_ e, mental impact, is also eliminated queces." He didn't have any "findings" that indicate what i which requires the EIR to examine j from the new short form EIR. j particular examples in mind, but changes have been trade to the ! any reasonable argument—with- f That would create a consider ', added that "frequently people project to snake it more environ- ' out cost to the person making ? able financial burden, normally . See SS 427, Page 4 US1 CMAffordaw%b1e1H%ffl 0.119ShOR-nage y lagsbehindate' re irernews By SARA ELLISj struggle to feed and educate their , gans for laissez-faire greed, after 1 Costa Mesa is once again playing OC Voice children against the chaos raining : ivlavor Mansoor, Mayor Pro-fern Scrooge. down from above. Eric Bever, and Couneilmember "uch afiffirdable'housing man- n J.G. Ballar d s 1975 novel, The modern high rise, touted j Wendy Leece,with her clumsy pay- ( dares, argued Mansoor and his Nigh z21se", cl.ss e� iiscious i like the free market as a great equal i an to the market—"they're entitled coattails,are too"last minute,"and snubs and petnT conriplaints 1 izer,works only to aggravate class to Ariake as much money as they 1 might even,as suggested by Bever, t,, 40-floor apartment corr:plex detr 1 loN est examples can"— nixed i inunigranrs. .`I've read that in l:�4 among the residents of a sleek, div is c rs, distilling them into the warm make, uh, if they feel they i roll out the welcome mat fei ills E h f riorate into-di out v,,ar. of han7an be- t�� state of California an afford- { Counts; 68 percent of all I-IUD 6 I i�of wanting ixil to illy tyl loss e j l�avior. will ire se in a specific able lousing � low cost housing is occupied yjy classes into pools and, rooftop j Although inclusion for � (ilegals'," Bever said, dubiously, requirement for the number sculpture gardens ostensibly bulit exaggerated, all three of � "perhaps we need to push that - for everyone, the wealthier resi } Ballard's Food- of affordable akle housing casts the city's new sue instead." dents block elevator access,destroy ern Lord of to be provided within in the high isi resi- But Bever did not say i=ho ivill the buildings elementary school, the Flies is a fit city;Costa Mesa, it can dential pro;- most like 6y build the aestheticalby and emb-1A on nocturnal rounds analogy- for the quickly be estimated, is ects. � based "architecture" he spoke of of vandalism:urinating into laur- t voting patterns ire ply eiaiemri Despite the ; in that AP Art History lecture he dry chutes,strewing garbage in the of the reigning unflattering I graced on the public at the wine hallways, and pillaging the apart ' majority in Costa Mesa's city i fact that surrounding cities such ! council meeting: "The buildings ce Dlmdory ments on the lower floors. council chambers,particularly with as Irvine and Laguna beach all have actually function as art work them- With no outside authorities regard to the city's own high-rise € inclusion ordinances, requiring ( selves,"he said,in arguing against i called in for help, and the middle plans. i a specific percentage of low-cost builder fees to help fund art in the floors struggling for a niche at the By now sound bytes from Costa ' housing units in new develop- "City of the Arts." top,the building's poorer residents j Mesa's Jan. 16 Council meeting ments, or at least the in-lieu fees M a n s o o i s arguments are left. defenseless, pitted in a i have become bumper sticker slo- 1 to provide for them elsewhere, i'See HOUSING SHMAGE,Page 5 Ifall into the very low income cateeory of tuuttuers tau iiowltere near-lel"33t requireu . by the California Housing Element,which rt.4%fal' ShO, I sets the rent for a family with $40,000 per year at$1,225 per month. Currently low end rents for two beclrcxam, to %A's"h, et n�wwlcn From Page 11 one bath apartments average at$1,393,and for seniors and those on disabilitl;the hour- A New FREE Report Shows You Haw a 35 Year Old Crazy 1`ing situation is dire:listings from the Orange against "last minute affordable housing 1 County Housing and Community Services Professional `'Suck U. "who lived OUT OF STATE Working mandates" seem weak at best. As Coun- i Department, show Costa Mesa's "afford- Over 50 hours a week at his Dreadful Job Created Enough cilmember Linda Dixon stated, developers i able" two-bedrooms as over $1200, with are use,d to such ordinances."If one of these studios at a steep$825 per month. LTCOME FOR LIFE to RETIRE in ?ust 7Months...... projects decides not to do this [because of i At present,the sprinkler-free Bethel Tow- housing fees],I would really be surprised." ers,which very recently escaped an inferno, outhern California — A new the boss for nee!" Paul Freeman,spokesper- is the city's best example of report entitled"How YOU Can .j_ You will quickly learn how to start son for Segerstrom,C.J.and affordable senior housing. 45Make $112,284 a Year (Every ! a real estate money machine that Sons, one of the companies Built in 1966, the Bethel Year)from Real Estatd Investina without provides financial security and operates constructing the high-rises, high-rise, with its years of Touching a SCREWDRIVER'has just 1 on auto-pilot. Discover 3 simple secret confirms Dixon's viewpoint. dangerous neglect, is a fit released by real estate broker and author strategies to earn an extra $112,284 "At different times;" said reflection of the council's Rob Minton which reveals a new simple a year investing in real estate without Freeman, in a January in- own desertion, not only. real estate investing idea that you can use having to fix up homes. This special terview with the. qC Voice, of Costa Mesa's low and to make thousands of dollars without report will detail step-by-step how to "we've proposed different middle-income residents, having to rehab, fix up or flip homes. I make easy cash profits buying_homes in kinds of housing projects but the future of city itself. This new report shows why trying; to nice areas.In addition,while supplies last, thatiha.d a range of prod- While whiling away in what buy run down homes and repair them you will receive an extra report entitled acts from affordable to less � � affordable housing advocates for profit is extremely risky. "Special and Confidential Profit affordable and it's pretty would call a free market The fact is that there is a new ( Report for Preferred Real Estate consistently the case with fantasyland,Marsoor,Bever, way to approach real estate investing Investors ONLY."In this special report, Costa Mesa that trxc major- and Leece are,it seen-is,only that provides substantial profits with you will see over 30local properties that ity didn't want any t1�3.ng but delaying the inevitable. significantly reduced risk. Under d}is were purchased and the profits that were the highest end, the highest Early this summer,,the approach, you don't need to spend all created.You will learn how J.Mercadante quality housing." state of California will be set- of your time hunting down the deal of achieved financial independence in 7 Jean Forba , of the Af- ting a specific requirement the century or-your weekends fixing up j short months. fordable Housing Coalition, Bethel Towers for the number of affordable run down homes. ! To have these special FREE. believes that a '.lass based housing units to be provided According to J. Mercadante the reports mailed to you, call (949) insecurity lies behind the council's narrow within in the city;Costa Mesa,it can quickly (Crazy Professional,Suck Up), `7 started 7 77-4610 and leave a message with approach."It's more prevalent than the race f be estimated, is grossly behind. Previous investing in propeMtes using this strategy ; your mailing address. These reports thing.They don't want to be looked on as a Regional Needs Assessment(RENA)goals in April 2004. I have accumulated 20 are only available while supplies last. poor relation(to Newport Beach),which is -set nine years ago by the Southern California homes that combined will pay me over if your message is received at a time fair,but(at the same tune)they don't want Association of Governments (SCAG) re- $4,000 each and every month.Plus I have when no reports are available, you will to admit that they have poor people." quested 445 units;the city chalks in at 49. locked in$300,766 of profit in a few short be placed on a waiting list. Understand While the high-rise structures may please "The new RENA numbers," estimates months. I plan on quitting my 9 to 5 job I it may take several weeks to ship the city council trios "aesthetics", they'll Forbath,"are at 2300 units for the next five soon and will be able to live offthe income new reports to those callers on the do little for the trio's dreams of making or ten years,but I think that's not even close fmm M properties!No more sucking up to waiting fist. the poor people go away. Currently, over 1 See HOUSING, Page 20 THE ORANGE COAST VOICE / MAY 2007 Council/Agency Meeting Held: - Deferred ontinued to: GC/IiZ�7X?-� ❑ Approved ❑ Conditionally Approved ❑ Denied it er ' Signa Council Meeting Date: May 7, 2007 Department ID Number: PL07-12 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL, ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRETH-GRAFT, CITY ADMINISTRATOR{ r�c PREPARED BY: SCOTT HESS, DIRECTOR OF PLANNINOV4L) SUBJECT: Adopt Resolution setting forth an Affordable Housing In-Lieu Fee Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for City Council consideration is a resolution that establishes an affordable housing in-lieu fee for new residential projects with three to nine units. Payment of the fee is allowed by the City's affordable housing ordinance. Staff recommends the City Council approve the resolution because adoption of the in-lieu fee will provide an alternative means for developers of small projects to satisfy the City's inclusionary housing requirements. In addition, there are three suggested improvements by Keyser Marston Associates to the existing affordable housing ordinance that staff recommends the City Council initiate. Funding Source: Not applicable Recommended Action: H _, T�0 STAFF RECOMMENDATION: IIAKEN Motion to: 1. "Adopt Resolution No. 2007-29 , a resolution setting forth an Affordable Housing In-Lieu Fee as authorized by Zoning & Subdivision Ordinance 3687 Section 230.26." (ATTACHMENT NO. 1) 2. "Direct staff to process a zoning text amendment to amend Section 230.26 to incorporate recommendations outlined in the Keyser Marston Associates report, dated January 23, 2006 (ATTACHMENT NO. 2)." ID REQUEST FOR ACTION MEETING DATE: May 7, 2007 DEPARTMENT ID NUMBER:PL07-12 Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny the resolution setting forth the Affordable Housing In-Lieu Fee." 2. "Continue the resolution setting forth the Affordable Housing In-Lieu Fee and direct staff accordingly." 3. "Direct staff to include additional changes in the zoning text amendment that would modify the existing affordable housing ordinance." Analysis: A. PROJECT PROPOSAL: Applicant: City of Huntington Beach Location: Citywide The proposed fee resolution represents a request to establish an in-lieu fee for affordable housing, pursuant to Section 230.26 B.4 of the Huntington Beach Zoning and Subdivision Ordinance. (ATTACHMENT NO. 4) The proposed fee amounts are as follows: In-Lieu Fee Per Square Foot Of Habitable Area' Project Size Ownership Rental No. of Units Projects Projects Three $8.28 $4.48 Four $9.29 $5.04 Five $10.41 $5.60 Six $11.42 $6.16 Seven $13.32 $7.16 Eight $13.54 $7.28 Nine $14.55 $7.84 Habitable area excludes garage, porch, decks/balconies. Developers of small projects (three to nine units) would have the option of paying the "ownership projects" fee in lieu of recording a covenant on a unit in their project. Similarly, an apartment project developer could pay the "rental projects" in-lieu fee. Fee revenues would be deposited in a new account called the Housing Trust Fund; the uses of the fee are set forth in the resolution and generally include a variety of widely-used financing techniques to assist the development community. G:\RCAs\2007\PL07-12(Affordable Housing In-Lieu Fee).doc-2- 4/23/2007 3:49 PM REQUEST FOR ACTION MEETING DATE: May 7, 2007 DEPARTMENT ID NUMBER:PL07-12 B. BACKGROUND The City of Huntington Beach has had an inclusionary housing requirement since the early 1990s, as set forth by policy. In October 2004, the City Council adopted an ordinance that codified this policy and established the option for payment of an in-lieu fee for projects with three to nine units. Pursuant to the ordinance, the City retained Keyser Marston Associates (KMA) to prepare a nexus study to calculate an appropriate and legally defensible in-lieu fee (ATTACHMENT NO. 2). The City Council reviewed the nexus study at a Study Session in May 2006 and formed an Ad Hoc Committee to further discuss issues related to the analysis. The Ad Hoc Committee, with representatives from the Chamber of Commerce, Building Industry Association and Huntington Beach Tomorrow, met on July 25, 2006. As a result of the discussion, the City Council Committee members directed staff to continue the processing of the in-lieu fee for projects with three to nine units and provide information to the City Council regarding other aspects of the affordable housing ordinance and in-lieu fee, such as allowance of a fee for all projects and fractional calculations, Regional Housing Needs Assessment (RHNA) considerations and rental versus ownership housing. C. STAFF ANALYSIS AND RECOMMENDATION: In Lieu Fee for Small Projects The purpose of the KMA study was to calculate an in-lieu fee that developers of projects with three to nine units could pay to satisfy their inclusionary affordable housing requirement. The study quantifies the difference between market rate prices and income restricted (affordable) prices in the City of Huntington Beach for for-sale and rental projects; this difference is referred to as the affordability gap. The average affordability gap for ownership projects is $437,400 and $105,000 for rental projects. The affordability gap is used to develop the per square foot in-lieu fee, based on the City's 10 percent inclusionary requirement and the average size of ownership and rental units. To account for the economics of smaller size projects, KMA incorporated a 46 percent downward adjustment in the fee. The resulting fees are listed in the table on page 2 of this report and range from $4.48 to $7.84 per square foot for rental projects and from $8.28 to $14.55 for ownership projects. The recommended fees include an inflation adjustment from the 2006 KMA study, as is presented in the follow-up memorandum from KMA (ATTACHMENT NO. 3). Examples of how much the in-lieu fee might be for sample projects are presented below. Type of No. of Size of Each Total Project In-lieu Fee Total In-lieu Project Total Unit Square per sq. ft. fee required Units in (Habitable Area Footage Project Only) Ownership 4 1200 s . ft. 4800 s . ft. $9.29 $44,592 Rental 4 800 s . ft. 3200 s . ft. $5.04 $16,128 G:\RCAs\2007\PL07-12 (Affordable Housing In-Lieu Fee).doc-3- 4/23/2007 3:49 PM REQUEST FOR ACTION MEETING DATE: May 7, 2007 DEPARTMENT ID NUMBER:PL07-12 Staff and KMA believe that the nexus study presents a well documented, reasonable and legally defensible in-lieu fee for projects with three to nine units. Based on input from developers of small projects over the years, staff believes that providing an alternative means to satisfy the City's inclusionary housing agreement is needed. Developers have consistently noted concerns related to financing, monitoring, and qualifying buyers/renters as a result of having to restrict one on-site unit in a small project. With respect to the specific fees that are recommended for adoption, however, the development community has expressed that calculating an in-lieu based on an ownership project is unreasonable due to the costs of development, including land. Rather, many believe that the affordable housing in-lieu fee should be calculated only using rental projects. As demonstrated in the table on page 2 of this report, the in-lieu for rental projects is notably less. Pursuant to the City affordable housing ordinance, in-lieu fee payments would be deposited in a Housing Trust Fund. This fund will be established upon receipt of the first in-lieu fee payment. The City's ordinance lists the uses for the Housing Trust Fund and restricts the use of funds for projects that have a minimum of 50 percent of the units affordable to very low and low income households, with at least 20 percent of the units available to very low income households. At the discretion of the City Council, the funds may be used for pre- development costs, land or air rights acquisition, rehabilitation, land write downs, administrative costs, gap financing, or to lower the interest rate of construction loans or permanent financing. The Economic Development Department would administer the Housing Trust Fund. Other Issues related to the In-Lieu Fee The Ad Hoc City Council Committee discussed several topics related to the in-lieu fee and requested that staff provide a review of these topics in this report. Allowance of fee for all projects The development community has expressed a strong interest in allowing all new residential projects, regardless of size, to pay an in-lieu fee rather than directly providing the units. From the developers' perspective, the ability to pay a fee has the advantage of being less expensive, quicker, easier to get financing without affordable covenants recorded on the property, and less cumbersome in that they do not have to manage screening affordable buyers or renters. The advantage of this approach to the City is that monies would accrue more quickly in the Housing Trust Fund, which would give the City more resources with which to assist affordable housing projects. From the City's perspective, the disadvantages of this approach are that affordable housing is less likely to be integrated into projects throughout the city, and additional staff resources would be required to administer a more sizable fund. In the past, the City Council has expressed the opinion that the development community is best suited to creating new housing, including affordable housing. Moreover, the City Council thought that larger projects were better able to absorb the cost of providing G:\RCAs\2007\PL07-12(Affordable Housing In-Lieu Fee).doc-4- 4/23/2007 3:49 PM REQUEST FOR ACTION MEETING DATE: May 7, 2007 DEPARTMENT ID NUMBER:PL07-12 affordable units. Hence, the ordinance that was adopted in 2004 only allows smaller size projects to pay an in-lieu fee. In response to the input received from the development community, the City Council may wish to direct staff to amend the affordable housing ordinance to increase the size of projects that could pay an in-lieu fee or to allow all projects to pay the fee. Should the City Council decide to modify the ordinance in this regard, the City would be required to complete a nexus study, similar to the one attached to this RCA. This would be done concurrent with the zoning text amendment. Fractional calculations The City requires that a minimum of 10 percent of a project's units be affordable, either on- site or off-site. To comply with the ordinance, if the calculation results in a fractional number, it is rounded up to the next whole number. Otherwise, rounding down would result in less than the 10 percent requirement. Thus, a four unit project would be required to provide one affordable unit (4 x 0.10=0.4 is rounded to 1), and a 23 unit project would be required to provide three affordable units (23 x 0.10=2.3 is rounded up to 3). The development community has requested that the City consider not rounding up when determining the affordable requirement. With the proposed in-lieu fee, this approach has been incorporated in that the fee is calculated using the 10 percent factor. In the case of projects that are not currently eligible to pay the fee, the City could consider allowing payment of an in-lieu fee for the fractional portion only. Using the 23 unit project as an example, a developer could be required to provide two affordable units and pay the fee for the 0.3 portion. Alternatively, if the City changes the existing ordinance to allow any size unit to pay a fee, then the fractional calculation would ultimately be incorporated. In either case, staff would recommend that the specific calculation method be set forth in the zoning code via changes to the existing ordinance. Ownership versus Rental housing The City Council Ad Hoc Committee discussed the concept of only requiring affordable housing to be rental. Concerns were expressed about the difficulty in monitoring for-sale projects over the long term and finding buyers who qualify. Currently, the City does not mandate what type of unit a developer must provide, i.e. owner or rental, to comply with the affordable requirement. Thus, if a developer is building an ownership project, rather than record a covenant on one or more units in their project, the developer could elect to acquire a rental project and restrict it accordingly. Clearly, this is less feasible for a small scale project in that it may be cost prohibitive, or it may be difficult to find a rental project that is for sale. At this point in time, staff does not recommend changing the ordinance to specify that only affordable rental units would be required. It may be the case that a large scale ownership project would find it easier to meet its affordable housing requirement on site. This would more likely continue to be the case if the City Council does not pursue allowing all projects to pay an in-lieu fee regardless of size. G:\RCAs\2007\PL07-12(Affordable Housing In-Lieu Fee).doc-5- 4/23/2007 3:49 PM REQUEST FOR ACTION MEETING DATE: May 7, 2007 DEPARTMENT ID NUMBER:PL07-12 RHNA requirements All jurisdictions in California are required to demonstrate in their General Plan Housing Elements how they are able to contribute to meeting their fair share of the needed housing supply for their region over a period of five to eight years. The number of housing units assigned to each jurisdiction is embodied in the Regional Housing Needs Assessment (RHNA). The RHNA divides housing need into four income categories: Very Low, Low, Moderate and Upper, and specifies how many units in each of these income categories should be built during the planning period. The RHNA requirements are the underpinning for the City of Huntington Beach's affordable housing ordinance. By having an inclusionary housing requirement, the City is more likely to be successful in having affordable units created, which allows the City to demonstrate to the State good faith efforts toward ameliorating the statewide housing shortage. The City Council Ad Hoc Committee briefly discussed the role that RHNA plays in driving City policy. Staff stated that they would report back on the next RHNA cycle, which officially began in February 2007 when the Southern California Association of Governments approved the draft RHNA for the Housing Element cycle for January 1, 2006 through June 30, 2014. Income Categories/Number of Units Very Low Moderate Upper Total Low Existing RHNA 388 255 400 972 2,015 1998-2005 New Draft RHNA 450 366 410 848 2,074 2006-2014 As shown in the above table, the City's allocation of Very Low and Low income units has increased by a total of 173 units, even though the overall total has increased by only 59 units. This is an indicator that the number of Very Low and Low income units in the city is disproportionate to the need in the region. Based on these new RHNA numbers, staff believes that the City's affordable housing requirements will continue to play a critical role in satisfying statewide housing goals and therefore should not be lessened. However, these numbers also give support to the concept of encouraging affordable rental projects, given that they would have a greater feasibility of being developed as Very Low and Low income projects. Affordable Housing Ordinance Changes As part of KMA's work in calculating an in-lieu, the City requested that they review the existing affordable housing ordinance and make recommendations to improve it. Their three G:\RCAs\2007\PL07-12(Affordable Housing In-Lieu Fee).doc-6- 4/23/2007 3:49 PM REQUEST FOR ACTION MEETING DATE: May 7, 2007 DEPARTMENT ID NUMBER:PL07-12 recommendations are listed on page 16 of the report (ATTACHMENT NO. 2), and are listed below: 1. The Ordinance should make it clear that developers can fulfill the inclusionary requirements with Median income units for ownership projects and low income units for rental projects 2. The Ordinance should mandate that the affordable housing cost be calculated in accordance with the Code Section 50052.5 standards for ownership units and Code Section 50053 standards for rental units; and 3. The Ordinance should only allow new development and substantial rehabilitation, as defined by the Code Section 33413 affordable housing production requirements, to fulfill the off-site inclusionary housing option allowed by the Ordinance. Staff recommends the City Council direct that a zoning text amendment be processed to evaluate these recommended ordinance changes. Depending on the City Council's direction with regard to the other items in this RCA, these ordinance changes may or may not be necessary, or may need to be augmented. D. SUMMARY Staff recommends that the City Council adopt the resolution to establish an affordable housing in-lieu fee for projects with three to nine units, consistent with the City's existing ordinance. Adoption of the proposed resolution will bring immediate relief to developers of smaller projects and would not preclude the City from subsequently modifying the fee structure if the City Council wishes to make the fee available to larger projects. Staff also recommends that the City Council initiate a zoning text amendment to incorporate the recommended ordinance changes articulated by KMA. Strategic Plan Goal: The affordable housing in-lieu fee in consistent with Strategic Plan Goal L-1, "Establish the vision and create a land use plan for reuse of critical parcels so that the next phase of the community investment and improvement can begin." The proposed in-lieu fee will create a source of funds that the City can use to assist development and redevelopment of parcels suitable for housing and to stimulate investment in target areas. Environmental Status: The proposed request is exempt from the California Environmental Quality Act pursuant to Section 15061 (b)(3). G:\RCAs\2007\PL07-12(Affordable Housing In-Lieu Fee).doc-7- 4/23/2007 3:49 PM REQUEST FOR ACTION MEETING DATE: May 7, 2007 DEPARTMENT ID NUMBER:PL07-12 Attachment(s): City Clerk's Page Number No. Description Resolution No. 2007-29 , a resolution setting forth an affordable housing in-lieu fee as authorized by Zoning & Subdivision Ordinance 3687 Section 230.26 Keyser Marston Associates Memorandum, dated January 23, 2- 2006, Inclusionary Housing Ordinance In-Lieu Fee Keyser Marston Associates Memorandum, dated April 9, 2007, 3. Inclusionary Housing Ordinance In-Lieu Fee Update Existing Zoning and Subdivision Ordinance Section 230.26 4. Affordable Housing 5. PowerPoint Presentation Slides G:\RCAs\2007\PL07-12(Affordable Housing In-Lieu Fee).doc-8- 4/23/2007 3:49 PM (6) May 7, 2007 -Council/Agency Agenda - Page 6 C-2. City Administrator's Report City Administrator Penny Culbreth-Graft reported that a workshop would be held to discuss the Beach/Edinger Corridor Project in the Council Chambers on Thursday, May 10 at 6:30 p.m. She also stated that the meeting would recorded and available for viewing on the City's website. C-3. City Treasurer's Report C-3a. (City Council) Review and Accept Shari L. Freidenrich, City Treasurer's March 2007 Investment Summary Report Titled City of Huntington Beach Summary of City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for March 2007 Communication from City Treasurer Shari L. Freidenrich transmitting the Monthly Investment Report and Summary of Investments for March 2007. Recommended Action: Motion to: Review and accept the Monthly Investment Report. Following review of the report, by motion of Council, accept the Monthly Investment Report entitled Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for March 2007, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. PowerPoint presentation titled March Treasurer's Report is included in the agenda packet. Approved 7-0 C-4. City Attorney's Report of Litigation Filed—None. D. 'PUBLIC HEARING Anyone wishing to speak on an OPEN public hearing item is requested to complete the attached. pink form and give it to the Sergeant at Arms located near the Speaker's Podium. 7D-1. (City Council) Public Hearing to Consider Adoption of Resolution No. 2007-29 lishing an Affordable Housing In-Lieu Fee for New Residential Projects With to Nine Units to Provide an Alternative Means for Developers of Small Projects isfy the City's Inclusionary Housing Requirements Communication from the Director of Planning transmitting the following Statement of Issue: Transmitted for City Council consideration is a resolution that establishes an affordable housing in-lieu fee for new residential projects with three to nine units. Payment of the fee is allowed by the City's affordable housing ordinance. Staff recommends the City Council approve the resolution because adoption of the in-lieu fee will provide an alternative means for developers of small projects to satisfy the City's inclusionary housing requirements. In addition, there are three suggested improvements by Keyser Marston (7) May 7, 2007 -Council/Agency Agenda - Page 7 Associates to the existing affordable housing ordinance that staff recommends the City Council initiate. NOTICE IS HEREBY GIVEN that on Monday May 7, 2007, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: AFFORDABLE HOUSING IN-LIEU FEE: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Request: To establish an affordable housing in-lieu fee for new residential projects that consist of three to nine units. Location: Citywide Project Planner: Mary Beth Broeren NOTICE IS HEREBY GIVEN that Items No. 1 is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3). ON FILE: A copy of the proposed requests are on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. Copies of the staff reports will be available to interested parties at the City Clerk's Office on Thursday May 3, 2007. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the applications as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk ■ Staff report ■ City Council discussion ■ Open public hearing ■ Following public input, close public hearing "PowerPoint presentation titled Affordable Housing In-Lieu Fee is included in the agenda packet. Recommended Action: Motion to: 1. Adopt Resolution No. 2007-29, "A Resolution of the City Council of the City of Huntington Beach Setting Forth an Affordable Housing In-Lieu Fee as Authorized by Zoning and Subdivision Ordinance 3687 Section 230.26;" and 2. Direct staff to process a zoning text amendment to amend Section 230.26 to incorporate recommendations outlined in the Keyser Marston Associates report, dated January 23, 2006. (8) May 7, 2007 -Council/Agency Agenda - Page 8 Substitute motion approved 7-0 to continue item to a date uncertain, reconstitute the ad-hoc committee and replace Dave Sullivan with Don Hansen for the purpose of looking at the proposed fee for 3-9 units, and review the possibility of developing an in- lieu fee for projects larger than 9 units. ADMINISTRATIVE PUBLIC HEARING D-2`: is an Administrative Public Hearing and is required by Huntington Beach Municipal Code Section 1.18. ONLY affected property owners are entitled to speak of this administrative hearing. ' Anyone wishing to speak is requested to complete the, attached pink form and give it to the Sergeant at Arms located near the Speaker's Podium. All other interested parties.may speak during the regular Public Comments section of the agenda at the beginning of the meeting. D-2. (City Council) Administrative Public Hearing to be Held Pursuant to Resolution No. 2007-13 Adopted February 20, 2007 to Hear Protests and Objections Regarding Weed, Rubbish and Refuse Abatement of Certain Public and Undeveloped Private Properties at Owner's Expense Communication from the Director of Public Works transmitting the following Statement of Issue: Pursuant to Resolution No. 2007-13, a public hearing must be held before staff can initiate the removal of weeds, refuse and rubbish from undeveloped private properties at the owners' expense. Funding Source: Funds in the amount of$29,000 are budgeted in Weed Abatement, Account No. 10085416.64620, for abatement of public and private properties. Costs for abatement of private properties will be added to the County Assessor's tax role. ■ Staff report ■ City Council discussion ■ Open administrative hearing ■ Following input from affected property owners only, close administrative hearing (The general public may speak during Public Comments) Recommended Action: Motion to: 1. Open a public hearing for any objections and protests to the proposed removal of weeds, refuse, and rubbish; and 2. Following the hearing, authorize the Superintendent of Streets (Director of Public Works) to proceed with the abatement of said nuisance. ATTACHMENT # 1L] f RESOLUTION NO. 2007-29 / r" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING FORTH AN AFFORDABLE HOUSING IN-LIEU FEE AS AUTHORIZED BY ZONING & SUBDIVISION ORDINANCE 3687 SECTION 230.26 t` WHEREAS, on November 1, 2004 the Council adopted Ordinance No. 3687 adding Zoning & Subdivision Ordinance Section 230.26, relating to the goals and objectives of the City's Housing Element, which is intended to encourage very-low, low and median housing; WHEREAS, pursuant to Section 230.26(b)(4), developers'of residential projects consisting of nine or fewer units may elect to pay a fee in lieu of providing affordable units on site to fulfill the requirement of the City's Inclusionary Housing Ordinance, unless the affordable housing requirement is outlined as part of a Specific Plan Project; WHEREAS,the City Council has received the report from Keyser Marston Associates dated January 23, 2006, which includes an analysis pertaining to the City's Inclusionary Housing Ordinance and proposes an in-lieu fee consistent with the provisions of Zoning & Subdivision Ordinance Section 230.26. A copy of this study is attached hereto as Exhibit A and incorporated herein by this reference. f' NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: >' 1. The Keyser Marston report attached hereto as Exhibit A is received and filed. 2. The proposed per square foot in-lieu fee shall be as follows: fr Project Size Ownership Rental Three Units $8.28 $4.48 Four Units $9.29 $5.04 Five Units $10.41 $5.60 Six Units $11.42 $6.16 Seven Units $13.32 $7.16 Eight Units $13.54 $7.28 Nine Units $14.55 $7.84 t 2. An Affordable Housing Trust Fund shall be created and used to receive all deposits of in-lieu fees paid pursuant to Zoning & Subdivision Section 230.26. Interest shall accrue to the fund and no other funds shall be commingled. ACTMN 1 u 06-494/7217 Resolution No. 2007-29 3. Monies in the Affordable Housing Trust Fund shall be used only to fund/projects which have a minimum of fifty (50)percent of the dwelling units affordable to very-low and low income households, with at least twenty (20) percent of the units available to very-low income households based on the Orange County median income, adjusted for appropriatfamily size, as published by the United States Department of Housing and Urban Development/or established by the State of California, pursuant to Health and Safety Code Sections 500795 and 50093, or a successor statute. r' 4. Permitted uses of the Affordable Housing shall/be Fund hall be at the Council's , discretion and include for pre-development costs, land or air rights acquisition, rehabilitation, land write-downs, administrative costs, gap financing, and lowering/fhe interest rate of construction loans or permanent financing. 1 5. Any units that obtain or benefit from the Affordable Housing Trust Funds shall maintain the affordability of the units for a minimum of sixty"`(60) years. i 6. The Affordable Housing Fee shall be updated every two years beginning in January 2008. /r 7. The Affordable Housing In-Lieu Fe shall be adjusted every January beginning 2008 by the Cost of Living Index. 8. The City Administrator or her designee shall administer the Affordable Housing Trust Fund and shall provide an annual report to City Council, which report shall include the beginning balance, ending balance, a description of the projects funded or to be funded each fiscal year. The first annual report shall be provided on or before December 1, 2007 for the 2006-07 fiscal year. 1, PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the` day of , 2007. �i Mayor RE EWED AND APPROVED: �=pRnVED AS TO FORM: City Administrator 4Cittorn / �' 4 A INITI ED D APPROVED: HO Al'TION Director of Planning 1��AKEH 06-494/7217 EXHIBIT A PLEASE SEE ATTACHMENT NO. 2 TO THIS RCA FOR THE KEYSER MARSTON REPORT THAT IS EXHIBIT A FOR THE RESOLUTION ATTACHMENT #2. .471 J 9QO KEYSER MARSTON ASSOCIATES ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT 84101 % MEMORANDUM ADVISORS IN: REAL ESTATE To: Mary Beth Broeren, Principal Planner REDEVELOPMENT City of Huntington Beach AFFORDABLE HOUSING ONOMIC DEVELOPMENT From: Kathleen Head SAN FRANCISCO A JERKY KMER. Julie Romey TIMOTHY C.KELLY KATE EARLE FUNK ' DEBME M.KERN Date: January 23, 2006 ROBERTJ•WETMORE LOSANGELES Subject: Inclusionary Housing Ordinance- In-Lieu Fee CALVIN E.HOLLIS.11 KATHLEEN H.HEAD JAMES A RABE PAUL C.ANDERSON At our request, Keyser Marston Associates, Inc. KMA eared the following analysis GREGORY D.Soo-Hoo Y Y { ) prepared 9 Y pertaining to the City of Huntington Beach (City) Inclusionary Housing Ordinance sAN DIEGO GERALD M.TRimBLE (Ordinance). Specifically, KMA evaluated the Ordinance provision that allows MBLE PAUL C.MARRA developers of projects with nine or fewer units to pay a fee in lieu of providing affordable housing units within their project. The purpose of the following memorandum is to assist the City in establishing an in-lieu fee payment schedule to be applied to small projects. INCLUSIONARY HOUSING ORDINANCE REQUIREMENTS The Ordinance requirements that must be considered in establishing an in-lieu fee schedule are: 9. All for-sale and rental new construction housing projects with three or more units must make at least 10%.of the units available to the following households:' a. For-sale units must be made available to very-low, low or median income households? b. Rental units.must be made available to very-low or low income households. ' New residential projects are defined as an entirely new project or new units added to an existing project. Only new units are used to calculate the required number of affordable housing units. 2 The median is defined as the Orange County median income(Median). SW SOUTH GRAND AVENUE,SUITE 1480> LOS ANGELES,CALIFoRNIA 90071 > PHONE:213 622 8095 > FAX:213 622 5204 WWWKEYSERh ARSTON.COM 54086.tm4.0t2 3 To: Mary Beth Broeren, City of Huntington Beach January 23, 2006 Subject: Inclusionary Housing Ordinance-In-Lieu Fee Page 2 2. The income and affordability covenants must remain in place for at least 60 years. 3. The affordable units must be: a. Dispersed throughout the project, b. Proportional in number, bedroom size and location to the market rate units; G. Comparable with the market rate units in terms of the base design, appearance, materials and finish quality; and d. Constructed and occupied concurrently with, or prior to,the construction and occupancy of market rate units. 4. For small projects, defined as projects including nine or fewer units,the inclusionary housing requirements may be satisfied by payment of an in4ieu fee established by resolution of the City Council and updated annually:3 a. The in-lieu fees will be deposited into a dedicated affordable housing account. b. The account will only be used to provide funding assistance for construction or retention of affordable housing, and for reasonable administration costs. 5. Developers may choose to provide the affordable units at an off-site location as long as these units are under the full control of the Developer or other approved party. The following outlines the other conditions: a. Off-site projects can be new construction or major physical rehabilitation of existing non-restricted units. At risk units and mobile homes may also be used to satisfy this requirement. b. Off-site units must be constructed or rehabilitated prior to, or concurrently with, the primary project. 3 The fees are to be based upon the total number and size of the new residential units. a To: Mary Beth Broeren, City of Huntington Beach January 23,2006 Subject: Inclusionary Housing Ordinance-In-Lieu Fee Page 3 c. The sales prices or rents must be affordable to very-low, low or median income households pursuant to the terms of an Affordable Housing Agreement. METHODOLOGY The vast majority of new residential projects within Huntington Beach are expected to be comprised of"for sale' projects. However, it is possible that rental development may also occur. Recognizing that the project economics vary between ownership and rental projects, and to avoid imposing onerous requirements on development, the KMA analysis evaluates both development types. The first step in establishing an in-lieu fee is to quantify the financial impact associated with fulfilling the affordable housing requirements within market rate projects. That financial impact is equal to the difference between the market rate prices and the affordable price for the required income restricted units. This difference is known as the "affordability gap", and it is quantified using the following methodology: 1. The projected market rate sales prices and rents are compiled for prospective new residential projects. 2. The maximum affordable prices and rents are calculated based on the standards imposed by California Health and Safety Code (Code) Sections 50052.5 and Section 50053. 3. The difference between the market rate price and the defined affordable price represents the affordability gap associated with each income restricted unit required to be included in a market rate residential project. . 4. The affordability gap per income restricted unit is multiplied times the number of units that must be income restricted. This represents the effective cost to a developer of fulfilling the inclusionary housing requirements on-site. 5. Since a fee is going to be paid in-lieu of providing any affordable units on-site, the effective cost is divided by the total square footage of the project. This represents the Base In-Lieu Fee amount. 6. The Ordinance limits the in-lieu fee option to projects with nine or fewer units. The in-lieu fee analysis recognizes that the inclusionary requirement has a greater impact on smaller projects than it does for a typically sized project. flso�ozs.►t�iwr�.x�:9ca 14066.004.012 1 y To: Mary Beth Broeren, City of Huntington Beach January 23, 2006 Subject: Inclusionary Housing Ordinance-In-lieu Fee Page 4 7. The Small Project in-lieu fee reflects the number of units in the project, which can range between three and nine units. To achieve this, it is necessary to create a Sliding Scale In-Lieu Fee amount that can be justified based on both the affordability gap and the feasibility analysis for the three-to nine-unit projects. Household Incomes The Ordinance specifically identifies the Code Section 50093 income definition for moderate income households. However, the Ordinance limits the moderate income category to 1000/a of the Median instead of the 120%of Median maximum that is allowed by Section 50093. The Ordinance also imposes very-low and low income restrictions. To account for these requirements, KMA assumed that Code Section 50105 would apply for very-low income households and that Code Section 50079.5 would apply for low income households_ The income information is published by the State of California Housing and Community Development Department(HCD) annually. The income ranges for Orange County in 2005 are: Very-Low Low Median Household Income Income Income Size (Section 50105) (Section 50079.5) Section 50093 1 Person $0-$26,900 $26,900-$43,000 $43,000-$53,000 2 Person $0-$30,700 $30,700-$49,150 $49,150-$60,550 3 Person $0-$34,550 $34,550-$55,300 $55,300-$68,950 4 Person $0-$38,400 $38,400-$61,450 $61,450-$76,700 5 Person $0-$41,450 $41,450-$66,360 $66,350-$81,750 6 Person $0-$44,550 $44,550-$71,250 $71,250-$87,800 7 Person $0-$47,600 $47,600-$76,200 $76,200-$93,850 8 Person $0-$50,700 $50,700-$81,100 $81,100-$99,900 Affordable Housing Cost Calculation methodology The Ordinance does not identify a methodology for calculating affordable housing cost. However, historically the City has used the calculation methodologies imposed by the California Health and Safety Code. Section 50053 defines the calculation methodology for rental units and Section 50052.5 provides the methodology for ownership units. M7=HB:KHH'.Jt.Rgbd 1406&004.012 To: Mary Beth Broeren, City of Huntington Beach January 23, 2006 Subject: Inciusionary Housing Ordinance-In-Lieu Fee Page 5 AFFORDABILITY GAP ANALYSIS—OWNERSHIP PROJECTS(APPENDIX A) Market Rate Sales Prices Hanleywood Market Intelligence information indicates that the following single-family detached and attached residential projects are currently selling or recently sold out in Huntington Beach. Year Product Number Built Sold Out Type of Units Seabridge Villas 4 2003 2004 Condos 344 Bel Air 2004 --- Duplex 102 Peninsula Point 2004 -- Detached 13 Sea Cove 2004 --- Townhomes 106 Total Units 565 As shown in Appendix A—Table 1,the following summarizes the sales prices for each product type: Average Average Unit Size Sales Average (SO Prices $/Sf One-bedroom Units 811 $348,500 $430 Two-bedroom Units 1,418 $567,000 $400 Three-bedroom Units 2,484 $923,800 $367 Averages 1,841 $854,000 $464 Pricing Assumptions The market rate sales prices are based on the following assumptions: Unit Size Sales (Sf) $1Sf Prices One-bedroom Units 800 $430 $343,600 Two-bedroom Units 1,400 $400 $559,700 Three-bedroom Units 2,500 $367 $918,600 4 The project was built in the 1980's,and was converted from apartments to condominiums in 2003. 0507=.H&KHH:JLRgbd 14066.004.012 f , To: Mary Beth Broeren, City of Huntington.Beach January 23, 2006 Subject: Inclusionary Housing Ordinance- In-Lieu Fee Page 6 Affordable Housing Cost Calculation The affordable housing cost calculations included in the Code Section 50052.5 definition are: 1. The household incomes are based on a benchmark household size equal to one person more than the number of bedrooms. 2. The Ordinance sets the maximum household income for moderate income units at 100% of the Median as published by HCD.5 3. Thirty-five percent(35%)of the defined household income is allocated to.housing related expenses. These expenses are defined as mortgage debt service payments, property takes, maintenance costs, insurance costs, home owner's association (HOA)dues and utility costs. The Huntington Beach Redevelopment Agency (Agency) has historically calculated these costs for the City using the following assumptions: a. Typically, the Agency estimates HOA fees, inclusive of homeowner's insurance, based on the actual HOA fees for a project. Therefore, KMA estimated the HOA fees by calculating the weighted average of the project comparables in Appendix A—Table 1. 'b. The maintenance costs are estimated at$50 per month. C. The 2005 utility allowances are provided by the Orange County Housing Authority and include gas, electricity, trash and water expenses. These costs are as follows: One-bedroom Units $71 Two-bedroom Units $82 Three-bedroom Units $115 d. In accordance with the Agency's methodology, the property tax cost is estimated at 1.08% of the projected affordable price for the units. 4. The mortgage amount that can be supported by a Median income household is based on a 30-year fully amortizing mortgage at 6.5%interest rate.6 5 It is reasonable to assume that given a choice,a developer will provide Median income ownership units rather than very-low or low income ownership units. 0507=.H&.Mt.R:0a To: Mary Beth Broeren, City of Huntington Beach January 23, 2006 Subject: Inclusionary Housing Ordinance-In-Lieu Fee Page 7 Assuming the home buyer makes a down payment equal to 10%of the affordable purchase price,the affordable prices for the Median income units in 2005 are: One-Bedroom Two-Bedroom Three-Bedroom Units Units Units Supportable Mortgage $188,500 $217,800 $242,800 Home Buyer Down Payment 20,900 24,100 27,000 Affordable Purchase Price $209,400 - $241,900 $269,800 Affordability Gap Calculations The results of the affordability gap analysis for Median income households-are presented in Appendix A—Table 3. The analysis identifies the gaps between the maximum affordable prices and the projected market rate sales prices for one-, two-and three-bedroom units; the results are summarized below. One- Two- Three- Bedroom Bedroom Bedroom Units Units Units Market Sales Prices $343,600 $559,700 $918,600 (Less) Median Income Sales Prices (209,400) (241,900) (269,800 Affordability Gap $134,200 $317 800 $648,800 For the purposes of this analysis, KMA distributed the units as follows: 25°/0 one bedrooms; 25%two bedrooms; and 50%three bedrooms. Based on these assumptions, the average affordability gap per Median income unit is estimated at $437,400. Inclusionary Housing Obligation Cost The Ordinance requires developers to impose income and affordability restrictions on at least 10% of the units in an ownership project. it is the KMA assumption that developers would typically minimize the financial gap by earmarking the units for Median income "households, rather than for very-tow or low income households. When the$437,400 gap per affordable unit is distributed across all units in a project, the cost is equal to $43,700 per unit($437,400 x 10% =$43,700). 6 The level annual debt service amount on a loan at 6.5%interest is equal to 7.58%multiplied times the original balance on the first trust deed mortgage. 0 W026.H&KKKARgbd 14066.004.012 To: Mary Beth Broeren, City of Huntington Beach January 23, 2006 Subject: Inclusionary Housing ordinance-In-Lieu Fee Page 8 AFFORDABIIJTY GAP ANALYSIS—RENTAL PROJECTS (APPENDIX B) The methodology used in the KMA affordability gap analysis for rental developments can be described as follows: 1. KMA obtained rents for recently renovated market rate apartment complexes in Huntington Beach from www.rentnet.com. 2. KMA calculated the maximum affordable rents for low income households based on the household income statistics distributed by HCD and the affordability standards imposed by Code Section 50053.' 3. To maximize management efficiency, new apartment projects typically include at least 50 units.8 For the purposes of this analysis, KMA created a 50-unit prototype apartment project, and estimated the affordability gap associated with the imposition of low income rents on 10% of the units. The affordability gap was then translated into the value reduction generated by the income and affordability restrictions imposed by the Ordinance. 4. The Ordinance does not allow projects with more than nine units to pay the in- lieu fee. However,given the dearth of small new apartment projects, it is necessary to premise the affordability gap analysis on a larger project. The gap derived from this analysis is.then adjusted to reflect the characteristics . associated with a project that would qualify for the in-lieu fee payment option. The tables that detail the rental analysis are located in Appendix B. and are organized as follows: Table 1: Apartment Rental Rate Comparables Table 2: Affordable Rent for Low Income Households Table 3: Project Value—100% Market Rate Units Table 4: Project Value--100% Low Income Units Table 5: Affordability Gap Calculation—Rental Projects KMA assumed that developers will choose to provide low income units rather than very-low income units. 8 Small investors will sometimes develop a smaller project to hold over the long-term. However, _ in the current market place it is far more financially advantageous to build a small condominium project rather than a small apartment project.. To: Mary Beth Broeren,City of Huntington Beach January 23,2006 Subject: Inclusionary Housing Ordinance-In-Lieu Fee Page 9 Market Rate Rents The vast majority of the recently constructed apartment projects in Huntington Beach have been subject to long-term income and affordability restrictions. Given the lack of new rental development, KMA gathered rent comparables for apartment buildings that have been renovated since 2000. The following illustrates the average asking rents for recently rehabilitated apartment units in Huntington Beach: Unit Size Monthly Unit T (Sf) Rents $1Sf Studio Units 452 $1,000 $2.26 One-bedroom Units 723 $1,200 $1.67 Two-bedroom Units 988 $1,500 $1.50 Three-bedroom Units 1,364 $1,700 $1.27 Based on the current market and development trends, KMA assumed that a typical apartment project would be focused on one-and two-bedroom units. Assuming a 15% premium for new construction,the projected market rents for a new apartment project are as follows: Unit Size Monthly Unit Type (Sf) $1Sf Rents One-bedroom Units 750 $1.92 $1,443 Two-bedroom Units 1,000 $1.73 $1,729 Affordable Housing Rent Calculations The Ordinance requires 10% of the units in a rental development to be subject to very- low or low income and affordability restrictions. Historically,the City has applied the Code Section 50053 affordable housing cost definition to the inclusionary housing rental units. The calculations are presented in Appendix B—Table 2, and the results can be -summarized as follows: 1. The household incomes are based on benchmark household sizes of two persons for one-bedroom units and three persons for two-bedroom units. 2. The household income is set at 60% of the Median for low income units. 3. 30% of the defined household income is allocated to housing related expenses. 05G7026.H&-KHr:Lft9ba 1406&CCK012 J + To: Mary Beth Broeren, City of Huntington Beach January 23, 2006 Subject:: Inclusionary Housing Ordinance-In-Lieu Fee Page 90 4. The maximum allowable rent must be adjusted to reflect the fact that the tenants will be required to pay for interior utility costs. Based on the 2005 allowances provided by the County of Orange Housing Authority, the utilities are estimated at $32 per month for one-bedroom units and $40 per month for two-bedroom units? 5. The income and affordability covenants must be imposed over at least a 60-year term_ The maximum allowable 2005 low income rents under the defined income categories are as follows: Monthly Unit Type Rents One-bedroom Units $877 Two-bedroom.Units $982 As a practical matter, tenants will not be willing to pay rent that exceeds the prevailing rate in the market area_ As such, it is important to estimate the rents that could be achieved by apartments that are not subject to'income and affordability restrictions_ As can be seen in the following table,the projected market rents exceed the maximum affordable rents by 39%to 43%. Thus, KMA has applied the defined affordable rents to our affordability gap analysis. Market t_ow Unit Type Rate Income Difference One-bedroom Units $1,443 $877 (39%) Two-bedroom Units $9,729 $982 43% Affordability Gap Calculations The affordability gap calculations are presented in Appendix B. Table 3 provides a pro forma analysis for a market rate project and Table 4 presents the findings for a low income project. The assumptions that were applied to each scenario are: 1. The market rate and income restricted rents are based on the assumptions discussed in the preceding section of this analysis. 2. The revenue analyses include $15 per unit per month in miscellaneous income and a 5%vacancy and collection allowance. s Rental utility allowances include gas and electric►ty expenses only. 14M.W4.012 To: Mary Beth Broeren, City of Huntington Beach January 23,2006 Subject: Inclusionary Housing Ordinance - In-Lieu Fee Page 11 3. The general operating expenses are estimated at$3,800 per unit and a$250 per unit per year allowance is provided to fund an operating and capital reserve account. 4. The property tax expense estimates vary among the market rate and income restricted apartment projects_ The expense cost is equal to the value supported by the project at a 1.1% property tax rate. 5. The net operating income(NOI)for both the market rate and income restricted units was capitalized at a 6.01% rate to estimate the relative values supported by market rate and low income units. Based on the preceding assumptions,the values per unit are estimated as follows: NO(]Unit Value/Unit 100% Market Rate $12,000 $200,000 100% Low Income $5,700 $95 000 . Appendix B—Table 5 illustrates the affordability gaps per affordable unit,which are summarized as follows: Market Rate Scenario Value/Unit $200,000 (Less) Low Income Value/Unit (95,500) Affordability Gap $105,000 lnclusionary Housing Obligation Cost The Ordinance requires developers to set-aside 10%of the units in a rental project for very-low or low income households. Based on the KMA analysis, the affordability gap is estimated at an average of$105,000 per income restricted unit included in the project. A developer that chooses to pay the in-lieu fee will not be providing any affordable units within their market rate project. To translate the weighted average affordability gap into an in-lieu fee payment per market rate unit, it is necessary to multiply$105,000 times the 10%inclusionary housing requirement. This equates to$10,500 per unit development in a market rate project. 0507626.H8:KHH:JLR:gbd 14056.004.012 To: Mary Beth Broeren, City of Huntington Beach January 23, 2006 Subject: inclusionary Housing Ordinance-In-Lieu Fee Page 12 2006 MAXIMUM ALLOWABLE IN-LIEU FEES The City's objective is to establish an in4ieu fee schedule that provides the City with adequate funds to produce the indusionary units in similar locations and product types. However, the primary reason the Ordinance allows projects with nine or fewer units to pay an in-lieu.fee is that the City recognizes that the imposition of income and affordability restrictions has a disproportionate impact on small projects. Therefore,it is necessary to establish an in-lieu fee schedule that does not render small projects economically infeasible. In order to demonstrate the effective cost of ftAlling the Ordinance's production requirements,the KMA financial analysis is based on the characteristics embodied by larger projects than would be allowed to pay the in-lieu fee. This in turn provides the foundation for creating an in-lieu fee schedule that does not render small development financially infeasible: 1. The Base in-Lieu fee is calculated at the 100%estimated affordability gap for a typically sized project. 2. Based on the survey data presented in this report, the average ownership unit is estimated at 1,800 square feet in sue,and the average rental unit is estimated at 875 square feet in size. 3. The Base In-Lieu fees that correlate to the financial analyses presented in the financial analysis (Base In-Lieu Fees) are as follows: Per Per Per Sf of Affordable Market Rate Building Unit Unit Area Ownership Projects $437,400 $43,700 $24 Rental Projects $105,000 $10 500 $12 KMA prepared comparative pro forma analyses of 30-unit and nine-unit"for sale' projects to assist in understanding the financial characteristics of the different project sizes (Appendix C—Table 1). Based on current projections,the developer profit per unit is approximately 46% less for the nine-unit project than the projected profit for the 30- unit project. To equalize the impact of the Ordinance's production requirement for projects with 10 or more units, and the in-lieu fee option provided to projects with nine or fewer units, KMA reduced the Base In-Lieu Fee by 46%. 05070¢6.t+e:KHRA.t:gba 14066.004.012 To: Mary Beth Broeren, City of Huntington Beach January 23,2006 Subject: Inclusionary Housing Ordinance-In-Lieu Fee . Page 13 The resulting fees for nine-unit projects'are: Per Sf of Builgqq Area Ownership Projects $13 Rental Pro ects $7 It is important to recognize that the financial_impacts grow at a disproportionate rate as the project size decreases. To reflect this, KMA created the following sliding scale for three-to nine-unit projects:'° Asa% of Small Project Project Size Base Fee Three Units 67% Four Units 64% Five Units 71% Six Units 79% Seven Units 92% Eight Units 93% Nine Units 100% The in-lieu fees that result from the sliding scale are: Project Size Ownership Rental Three Units $7 $4 Four Units $8 $4 Five Units $9 $5 Six Units $10 $6 Seven Units $12 $6 Eight Units $12 $7 Nine Units $13 $7 vo It is difficult to precisely project the financial impact generated at each project size..The recommended sliding scale percentages are based on the scales currently being applied in West Hollywood and Pasadena. oso7o�.He:1a+H_.a 1t:9oa 14W&W4.092 To: Mary Beth Broeren, City of Huntington Beach January 23,2006 Subject: Indusionary Housing Ordinance-In-lieu Fee Page 14 IN-LIEU FEE COMPARISON ANALYSIS To assist the City in setting the in-lieu fee payment amount, KMA compiled information from other Southern California jurisdictions that have inclusionary housing requirements, and that allow in-lieu fees to be paid. It is important to note, however,that the majority of the surveyed cities calculate the in4ieu fee on a case-by-case basis. In addition, many cities require the City Council to provide discretionary approval for a fee to be paid in-lieu of producing the affordable units. For the surveyed cities that have established fee schedules, the in-lieu fee is calculated on one of the following bases: 1. Per square foot of building area included in the project; 2. Per unit developed in a market rate project; or 3. As a percentage of project or construction valuation. The in-lieu fees charged in the surveyed cities are presented in the following tables: Per Square Foot of Building Area Jurisdiction In-lieu Fee Amount Chino $2.72 Duarte $6.50 Pasadena i2 Rental Projects $12—$22 Ownership Projects $5-$41 San Diego 13 $1.25-$2.50 Santa Monica '" $22.33-$26.08 West Hollywood $6.70-$13.40 17 The in-lieu fee amount is only applicable to projects developed in the Preserve. 12 Projects with fewer than 10 units are exempt from the Program. 33 The lower fee is charged for projects with fewer than 10 units. '¢The lower fee is charged for apartment projects and the higher fee is charged for ownership projects. 1s An in-lieu fee can only be paid for projects with 20 or fewer units. The fee varies by number of units in the project. �om2s.�aoal:.a.R�a 14W&W4.U12 To: Mary Beth Broeren,City of Huntington Beach January 23, 2006 Subject: Inclusionary Housing Ordinance-In-Lieu Fee Page 15 Per Unit in a Market Rate Project Jurisdiction In-lieu Fee Amount Agoura Hills 16 - - $4,541 -$6,277 Laguna Beach " $7,047 Coronado $7,000 As a% of Pr 'ect 1 Construction Valuation Jurisdiction In-Lieu Fee Amount San Clemente 1.00% San Juan Capistrano 1.00% The in-lieu fees being charged by the surveyed cities vary widely. Moreover, since many cities negotiate the in4ieu fee-on a case-by-case basis, it is very difficult to identify the "typicar in-lieu fee being charged by cities that are implementing inclusionary housing programs. However, based on the available information,the maximum supportable fee in Huntington Beach is within the range of the fees currently being charged by other Southern California cities. IN-LIEU FEE RECOMMENDATIONS The establishment of an in-lieu fee amount requires several subjective judgments and decisions. To provide a framework for our recommendations, KMA considered the following factors: 1. The City's primary objective is to attract sufficient housing to fulfill the affordable housing production requirements imposed by Code Section 33413, and to eliminate the unmet need for affordable housing identified in the Regional Housing Needs Assessment(RHNA). 2. An inclusionary housing production requirement has a greater financial impact on small projects than it does on large projects. To mitigate this, the provision of an in-lieu fee option is an efficient method of enforcing the Ordinance without stopping the development of smaller projects. 1 6 The lower fee is charged for apartment projects and the higher fee is charged for ownership projects. "The fee is set at$46,978 per affordable lot or unit. 15%of the units are required to be affordable. 0507026_M:10 tJUt0d 44066 WCM2 To: Mary Beth Broeren, City of Huntington Beach January 23, 2006 Subject: inclusionary Housing Ordinance-In-Lieu Fee Page 16 The preceding-analysis indicates that the affordability gap is$24 per square foot for ownership units and $12 per square foot for rental projects. However, it is the KMA conclusion that fees of the this magnitude ace likely to render small projects infeasible. To balance the City's objective to generate revenues to pursue affordable housing activities, against the need to ensure that the in-lieu fee does not result in a constraint to development, KMA recommends that the in-lieu fee schedule be set as follows: Project Size Ownership Rental Three Units $7 $4 Four Units $8 $4 Five Units $9 $5 Six Units $10 $6 Seven Units $12 $6 Eight Units $12 $7 Nine Units $13 $7 KMA also offers the following recommendations: 1. The City should create a mechanism for re-evaluating the in-lieu fee amount on a periodic basis. KMA suggests that the re-evaluation be performed at least every two years so that the in4ieu fee can keep pace with changes in the market place. 2. The Ordinance should be amended to provide the following clarifications: a. The Ordinance should make it clear that developers can fulfill the inclusionary requirements with Median income units for ownership projects and low income units for rental projects; b. The Ordinance should mandate that the affordable housing cost be calculated in accordance with the Code Section 50052.5 standards for ownership units and Code Section 50053 standards for rental units"; and C. The Ordinance should only allow new development and substantial rehabilitation, as defined by the Code Section 33413 affordable housing production requirements,to fulfill the off-site inclusionary housing option allowed by the Ordinance. '$The City has set 100%of the Median as the maximum income for the moderate income"for sale"units. This standard should replace the 110%of the Median applied in the Code Section 50052.5 affordable housing cost calculation. 05070 &H&K HRJLR_-9W 1406&004.012 APPENDIX A OWNERSHIP ANALYSIS APPENDIX A-TABLE 1 NEW CONSTRUCTION SALES COMPARABLES IN-LIEU FEE ANALYSIS HUNTINGTON BEACH,CALIFORNIA Floorplans Year Built/ Type Unit 1f of Unit Base ProjectfAddress Sold Out HOA Fee Type Units . Size M Price $/Sf 1. Seabridge Villas 2003 Condo One-bedroom 72 485 $230,000 $474 Beach Blvd&Adams 2004 $350 One-bedroom 19 760 310,000 408 One-bedroom 83 765 300,000 392 One-bedroom 46 885 360,000 407 Two-bedrooms 24 970 335.000 345 Tiro-bedrooms 59 1.095 405,000 370 Two-bedrooms 8 1.100 340,000 309 Two-bedroorns 4 1,240 415,000 335 Two-bedrooms 29 1,285 470,000 366 Totals/Averages 3" 850, $330,974 $389 11. Bel Air 2004 Duplex Three-bedrooms 28 2,484 $910,000 $366 Gothard&Garfield $276 Three-bedrooms 25 2,497 898.820 360 Three-bedrooms 26 2,565 920,000 360 Three-bedrooms 23 Z636 907,855 344 TotaWAverages 102 2,539 $909,366 $368 Ill. Peninsula Point 2004 SFD Three-bedrooms 5 1,990 $869,900 $437 Main Street&Clay $95_ Three-bedrooms 7 2,174 899,900 414 Three-bedrooms 1 2,260 919,9m 407 . TotaWAverages 13 2,110 $889,900 $422 IV. Sea Cove 2004 Townhomes One-bedroom 26 1.770 $838,990 $474 PCH&Goidenwest $405 Two-bedrooms 19 1,620 W919W 512 Two-bedrooms 21 1,845 917.990 498 Two-bedrooms 19 2,690 987,990 367 Three-bedrooms 21 2,460 1,014,990 414 Totals/Averages 106 2,058 $914,603 $445 V. lAttached Units/Large Projects 652 1,834 $863,140 $465 One-bedroom 246 811 $348,470 $430 Two-bedrooms 183 1,418 $567.019 $400 Three-bedrooms 123 2,524 $927,399 $367 VI. IDelachedUnirts I Small Project 13 2,110 $889,900 $422 Three-bedroom Units 13 2,110 $889,900 $422 Vll. JAII Units 665 1,841 $853,986 $464 One-bedroom 246 811 $346,470 $430 Two-bedrooms 183 1,418 $567.019 $400 Three-bedrooms 136 2,484 $923,814 $367 Source: Hanleywood Market Intelligence for the City of Huntington Beach. Prepared by: Keyser Marston Associates,Inc. Filename: In lieu-0123 06_xls;APPX A-T1;112312006 APPENDIX A-TABLE 2 AFFORDABLE HOUSING PRICES IN-LIEU FEE ANALYSIS HUNTINGTON BEACH,CALIFORNIA One-bedroom Two-bedroom Three-bedroom Units Units Units 1. Household Income @ 100%of County Median' $60,550 $68.150 $75.700 11. Income Available for Mortgage Debt Service Income Allotted for Housing @ 35%of income 2 $21,200 $23,900 $26,500 (Less)Ongoing Expenses HOA,Insurance,Maintenance 3 (3,792) (3,792) (3,792) Utilities° (852) (984) (1.380) Property Faxes @ 1.08%of Affordable Price 3 (2,262) (2,603) (2,914) Income Available for Mortgage Debt Service $14,294 $16,521 $18.414 Ill. Maximum Mortgage @ 6.5%Interest Rate 5 $188,500 $217.800 $242,800 IV. Home Buyer Down Payment @ 10%Affordable Price 3 $20.900 $24,100 $27,000 V. Maximum Affordable Home Price $209,400 $241.900 $269,800 Based on the 2005 Orange County median incomes provided by HCD. Per the requirements imposed by California Health and Safety Code Section 50052.5,the household size is set at three persons for two-bedroom units and four persons for three-bedroom units. The Ordinance limits the moderate income units to households earning 1000/6 of the median. 2 Based on California Health and Safety Code Section 50052.5. 3 Based on the Redevelopment Agency's assumptions. The Agency calculates the affordable prices for the City. Based on the current Orange County utility allowances. Includes gas,electricity,water and trash. 5 Based on the current 30-year fixed mortgage rate. Prepared by. Keyser Marston Associates,Inc. Filename; In fieu-0123 06xis;APPX A-T2;9/23l2006 APPENDIX A-TABLE 3 AFFORDABILITY GAP CALCULATION-OWNERSHIP PROJECTS IN-LIEU FEE ANALYSIS HUNTINGTON BEACH,CALIFORNIA One-bedroom Two-bedroom Three-bedroom Units Units Units 1. Affordability Gap Calculation Market Sales Prices' $343.600 $559,700 $918,600 (Less)Maximum Affordable Sales Prices 2 (209,400) (241,900) (269.800) Affordability Gap 1 Affordable Unit $134,200 $317,800 $648,800 Affordability Unit Type 11. Average Affordability Gap Calculation Gap Distribution 3 One-bedroom Units $134.200 25% Two-bedroom Units $317,800 25% Three-bedroom Units $648,800 WA Average Affordability Gap I Affordable Unit $437,400 Ill. Affordability Gap I Total Unit Calculation Average Affordability Gap/Affordable Unit $437,400 Affordable Units as a%of Total Units 4 100/0 lAffordabilitlGap I Total Unit $43,700 I Market rate prices are based on the following:800 sf one-bedroom units @$430/sf; 1,400 sf two-bedroom units @$400/sf.and 2,500 sf three-bedroom units @$367/sf. 2 See APPENDIX A-TABLE 2. 3 KMA estimate. 4 Based on the City Ordinance. Prepared by: Keyser Marston Associates,Inc. Filename: in lieu-0123 06.4s;APPX A-T3;1/23/2006 APPENDIX B -RENTAL ANALYSIS I , APPENDIX -TABLE 1 APARTMENT RENTAL RATE COMPARABLES IN-LIEU FEE ANALYSIS HUNTINGTON BEACH,CALIFORNIA Year Zip Built/ Total Unit Base Name&Address Code Renovated Units Type Rent SF/Unit $/SF 1 La Quints Hermosa 92647 1971 94 1/1 $1,155 726 $1.59 16211 Parkside Lane 2000 2/1 1,405 940 $1.49 211 1.415 945 $1.50 2/1 1.530 1.110 $1.38 2 Las BrisasArlda Del Mar Apartments 92649 1976 62 1/1 1.170 800 $1.46 16602 and 16552 Sell Cirde 2000 2/2 1,450 1,200 $121 3 Archstone Huntington Beach 92647 1986 152 1/1 1,300 725 $1.79 8945 Riverbend Drive 2000 211 1,650 925 $1.78 4 Huntington Breakers 92648 1985 324 0/1 1,050 450 $2.33 21270 Beach Blvd 2000 1/1 1,305 635 $206 1/1 1,355 625 $2.17 2/2 1,615 925 $1.75 2/2 1,655 900 $1.84 212 1,655 900 $1.84 5 Los Patos Apartments 92649 1973 71 0/1 1,000 400 $2.50 17172 Bolsa Chica 2004 111 1,200 700 $1.71 211 1,500 1,000 $1.50 6 Maddox Apartments 92647 1971 56 1/1 1,045 760 $1.39 7051 Maddox Dr 2002 2/1 1,300 980 $1.33 2/2 1,400 1,050 $1.33 7 Ocean Breeze Villas 92647 1975 288 111 1,125 718 $1.57 6401 Warner Ave 2000 1/1 1.150 800 $1.44 211 1,225 850 $1.44 211 1,276 SW $1.42 2l2 1,450 1,100 $1.32 3J2 1,700 1,288 $1.32 3/2 1,750 1,440 $1.22 8 Avalon At Pacific Bay 92647 1970 304 1/1 1,195 750 $1.59 6700 Warner Ave 1999 2/1 1.540 1.000 $1.54 212 1,495 1,000 $1.50 9 Huntington Creek 92647 1978 194 0/1 990 505 $1.96 8211 San Angelo Dr 2001 ill 1,190 729 $1.63 2N.5 1,510 1,075 $1.40 Sample Average Min. Max. Avg: Avg. Size Units Rent Rent Rent 1 Studios 3 452 $1,000 $1,100 $1,000 $2.26 1-Bedroom Units 11 723 $1,000 $1,400 $1,200 $1.67 2-Bedroom Units 17 988 $1,200 $1,700 $1,500 $1.50 3-Bedroom Units 2 1,364 $1,700 $1,800 $1,700 $1.27 Source:RentNet.com,07106/05. Prepared by: Keyser Marston Associates,Inc. Filename: In lieu-0123 06.x1s;APPX 8-Ti;1/2312006 APPENDIX 8-TABLE 2 AFFORDABLE RENTS FOR LOW INCOME HOUSEHOLDS IN4JEU FEE ANALYSIS HUNTINGTON BEACH,CALIFORNIA One-Bedroom Two-Bedrooms Units Units' 1. Low Income Income @ 60%County Median 2 $36,340 $40,880 %of Income Allotted to Housing 3 30.0°% 30.0% Monthly Housing Expenses $909 $1,022 (Less)utilities Expenses 4 (32) (40) Monthl Rent $877 $982 I . Based on the 2005 Orange County median incomes provided by HCD. Per the requirements imposed by California Health and Safety Code Section 60053,the household size is set at two persons for one-bedroom units and three persons for two-bedroom units- 2 Based on the 2005 Orange County median incomes provided by HCD and the requirements imposed by California Health and Safety Code Section 50053. 3 Based on the City Ordinance. 4 Based on the current Orange County utility allowances. Includes gas and electricity. Prepared by: Keyser Marston Associates,Inc. Filename: In lieu-0123 06.)ds;APPX B-T2;1123t2006 APPENDIX B-TABLE 3 PROJECT VALUE-100%MARKET RATE UNITS RENTAL PROTOTYPE IN-LIEU FEE ANALYSIS HUNTINGTON BEACH,CALIFORNIA 1. Rental Income One-Bedroom' 25 Units $1,443 /Unit $433,000 Two-Bedrooms 2 25 Units $1,729 /Unit 518,800 Miscellaneous Income 50 Units $15.00 Knit 9,000 Gross Income $960,800 (Less)Vacancy Allowance 5.0% of.Gross Income (48.000) Effective Gross Income $912,800 It. Opomflnq Expenses General Operating Expenses 50 Units $3,800 /Unit ($190,000) Property Taxes 3 50 Units $2,201 /Unit (110,000) Operating&Capital Reserves 50 Units $250 /Unit (12.500) Total Operating Expenses ($312,500) Ili. Net Operating Income $600,300 Per Unit $12,000 IV. Project Value $1010051000 Per Unit $200,000 Assumes one-bedroom units at 750 square feet and rent at$1.92/sf. Assumes two-bedroom units at 1,000 square feet and rent at$1.73/sf. 3 The value is projected based on a 6.0°/a capitalization rate. The property tax rate is set at 1.10%of value. " The value is projected based on a 6.0%capitalization rate. Prepared by: Keyser Marston Associates,Inc. Filename: In lieu-0123 06.xls;APPX B-T3; 11=006 APPENDIX B-TABLE 4 PROJECT VALUE-100%LOW INCOME UNITS RENTAL PROTOTYPE IN-LIEU FEE ANALYSIS HUNTINGTON BEACH,CALIFORNIA 1. Rental Income One-Bedroom 25 Units $877 /Unit $263,100 Two-Bedrooms 25 Units $982 /Unit 294.600 Miscellaneous Income 50 Units $15.00 /Unit 9,000 Gross Income $566,700 (Less)Vacancy Allowance 5.0% of Gross Income (28,300) Effective Gross income $538,400 IL Operating Expenses General Operating Expenses 50 Units $3,800 ]Unit ($190,000) Property Taxes 2 50 Units $1,041 /Unit (52,000) Operaing&Capital Reserves 50 Units $250 Knit (12,500) Total Operating Expenses ($254,500) III- Net Operating Income $283,900 Per Unit55,700 IV- Project Values $4,732,000 Per Unit $95,000 See APPENDIX B-TABLE 2. The value is projected based on a 6.0"/o capitalization rate. The property tax rate is set at 1.10%of value. ' The value is projected based on a 6.0%capitalization rate. Prepared by: Keyser Marston Associates,fnc. Filename: to lien-0123 06.)ds-,APPX B-T4-,1/23/2006 ' t APPENDIX B-TABLE 5 AFFORDABILITY GAP CALCULATION-RENTAL PROJECTS IN-LIEU FEE ANALYSIS HUNTINGTON BEACH,CALIFORNIA Net Operating Project Affordability L Affordability Gap Income Value Gap Low Income Gap/Unit Market Rate Scenario' $12,000 $200,000 Low Income Scenario 2 $5,700 $95,000 Affordability Gap/Unit $105,000 It, Affordability Gap I Total Unit Calculation Affordability Gap/Affordable Unit $105,000 Affordable Units as a%of Total Units 10°A lAffordability Gap I Total Unit $10,500 See APPENDIX B-TABLE 3. 2 See APPENDIX B-TABLE 4. Prepared by: Keyser Marston Associates,Inc_ Filename: In lieu-0123 06.)ds;APPX B-T5;1/23/2006 APPENDIX C IN-LIEU FEE CALCULATION APPENDIX C-TABLE 1 SMALL PROJECT ANALYSIS IN-L€EU FEE ANALYSIS HUNTINGTON BEACH,CALIFORNIA Prototype Project I_ Pro€ected Sates Revenues #of Units Sales Prices Total Revenue One-bedroom Units 5 $343,600 $1.718,000 Two-bedroom Units 5 559.700 2,799,000 Three-bedroom Units 20 918,600 18,372,000 Total Project Revenue 30 $762,967 $22,889,000 H. Land+Construction Costs $649,000 /Unit $19,456,000 Ill. Develooer Profit Total 15% Sales Revenues $3,433,000 Per Unit $114,000 Small Project #of Units Sales Prices Total Revenue i_ Prolected Sates Revenues' One-bedroom Units 2 $343,600 $687,000 Two-bedroom Units 2 559.700 1,119,000 Three-bedroom Units 5 918,600 4,693,000 Total Project Revenue 9 $711,000 $6,399,000 -11. Land+Construction Costs $649,000 /Unit $5,841,000 III. Developer Profit Total $558,000 Profit Per Unit $62,000 Profit Differential Per Unit $52,000 %Difference % See APPENDIX A-TABLE 3. 2 Based on stabilized return on total investment. Prepared by: Keyser Marston Associates,Inc Filename: In lieu-01 23 061ds;APPX C-T1;12312006 APPENDIX C-TABLE 2 2005 IN-LIEU FEE SUMMARY IN-LIEU FEE ANALYSIS HUNTINGTON BEACH,CALIFORNIA I. Base In4ieu Fee /Total Unit 1Sf GBA 2005 In-lieu Fee-Ownership Projects $43,700 ' $24 2 2005 In-Ueu-Fee-Rental Projects $10,500 3 $12 a Il. Base In4ieu Fee for Small Projects Ownership Rental Base In-lieu Fee $24 $12 Loss in Profit$ 46% 46% Base In-lieu Fee for Small Projects $13 $7 111. Sliding Scale as a%of the Base In-lieu Fee Ownership Rental Three Unit Projects 57% 57% Four Unit Projects 64% 64% Five Unit Projects 71% 71% Six Unit Projects 79% 79% Seven Unit Projects 921% 92% Eight Unit Projects 930/6 93% Aline Unit Projects 100% 100% N. 2006 Slidin-g Scale ln4ieu Fee Ownership Rental Three Unit Projects $7 $4 Four Unit Projects $8 $4 Five Unit Projects $9 $5 Six Unit Projects $10 $6 Seven Unit Projects $12 $6 Eight Unit Projects $12 $7 Nine Unit Projects $13 $7 ' See APPENDIX A-TABLE 3. 2 Assumes that the units average 1,800 square feet in size. 3 See APPENDIX B-TABLE 5_ 4 Assumes that the units average 875 square feet in size. S See APPENDIX C-TABLE 1. Prepared by: Keyser Marston Associates,lnc. Rename: In lieu-0123 06.)ds;APPX C-T2; 1/23/2006 ATTACHMENT #3 r lam'i_It�J li '-L—---- is ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT MEMORANDUM ADViSORS IN To: Mary Beth Broeren, Principal Planner REAL ESTATE REDEVELOPMENT City of Huntington Beach AFFORDABLE HOUSING ECONOMIC DEVELOPMENT From: Kathleen Head SAN I RANCISCO A.JERRY KEYSER TIMOTHYC. KELLY Date: April 9, 2007 KATE EARLE FUNK DEBBIE M.KERN ROBERT 1.WETMORE Subject: Inclusionary Housing Ordinance - In-Lieu Fee Update OS ANGELES CALVIN E.HOLLIS.II KATIIILEN H.HEAD In a memorandum dated January 23, 2006, Keyser Marston Associates, Inc. (KMA) JAMLSA.RAVE PAUL C.ANDERSON recommended an in-lieu fee schedule for residential projects with nine or fewer units that cREEVIN E. NGSTRSoo-HOM are subject to the City of Huntington Beach (City) Inclusionary Housing Ordinance KEVW E.ENGSTROM JULIE L.ROMEY (Ordinance). The recommended schedule is presented in the following table: SA''' DIEGO GERALD M.TRIMBLE Project Size Ownership Rental PAUL C MARRA Three Units $7 $4 Four Units $8 $4 Five Units $9 $5 Six Units $10 $6 Seven Units $12 $6 Eight Units $12 $7 Nine Units $13 $7 The KMA analysis also recommended that the City create a mechanism for re-evaluating the in-lieu fee amount on a periodic basis. The periodic adjustment is intended to keep the fee amount in sync with changes in new housing prices. It is the KMA recommendation that the City apply an adjustment factor tied to the annual change in new home prices in Orange County. This information is published by the Real Estate Research Council of Southern California in a quarterly report titled Real Estate and Construction Report.' I The information source is Data Quick Information Systems. The original data are taken from county records and the prices are calculated from the documentary transfer tax. Adjustments are made to remove very high-end and very low-end sales. 500 SOUTH GRAND AVENUE,SUITE 1480 LOS ANGELES,CALIFORNIA 90071 `- PHONE 213 622 8095 FAX 213 622 5204 0704009.doc;HTB:KHH:gbd WWW.KEYSERMARSTON.COM 14066.004/014 To: Mary Beth Broeren, City of Huntington Beach April 9, 2007 Subject: Inclusionary Housing Ordinance- In-Lieu Fee Update Page 2 KMA used the fourth quarter reports for 2006 and 2005 to derive the percentage change in Orange County sales prices for new homes. That information indicates that the median price in December 2005 was $707,500 and the median price in December 2006 was $792,000. This represents an 11.94% increase. If this increase is applied to the fee schedule recommended by KMA in January 2006, the resulting schedule for 2007 is as follows: 2007 In-Lieu Fee Schedule Project Size Ownership Rental Three Units $8.28 $4.48 Four Units $9.29 $5.04 Five Units $10.41 $5.60 Six Units $11.42 $6.16 Seven Units $13.32 $7.16 Eight Units $13.54 $7.28 Nine Units $14.55 $7.84 0704009.doc;HTB:KHH:gbd 14066.004/014 ATTACHMENT #4 Landscaping Tree wells adjacent to landscape parkways on the e of curb is encouraged, however shall not encroach into ' . 24 foot wide drive aisle. Also see Chapter 232 Lan ng 230.26 Affordable Housing (3687-12/04) A. Purpose. 1. The purpose and intent of this Chapter is to implement the goals, objectives and policies of the City's Housing Element. It is intended to encourage very low, low-and median income housing, which is integrated, compatible with and complements adjacent uses,and is located in close proximity to public and commercial services. (3687-12/04) 2. The affordable housing program is one tool the City utilizes to meet its commitment to provide housing affordable to all economic sectors,and to meet its regional fair- share requirements for construction of affordable housing. (3687-12/04) B. Applicability. This section shall apply to new residential projects three(3)or more units in size. (3687-12/o4) 1. A minimum of ten(10)percent of all new residential construction shall be affordable housing units. (3687-12/04) 2. Rental units included in the project shall be made available to very low or low- income households based on the Orange County Median Income, adjusted for appropriate family size, as published by the United States Department of Housing and Urban Development or established by the State of California,pursuant to Health and Safety Code Section 50093, or a successor statute. (3687-12/04) 3. For sale units included in the project shall be made available to very low, low or median income level households based on the Orange County Median Income, adjusted for appropriate family size, as published by the United States Departmen of Housing and Urban Development or established by the State of California, pursuant to Health and Safety Code Section 50093, or a successor statute. (3687-12/)4) 4. Developers of residential projects consisting of nine or fewer units may elect to pay a fee in lieu of providing the units on-site to fulfill the requirement of the Section,unless the affordable housing requirement is outlined as part of a specific plan project. (3687-12/04) 5. Developers of residential projects may elect to provide the affordable units at an off-site location pursuant to subsection B unless otherwise outlined as part of a specific plan project. If affordable units are off-site,they must be under the full control of the applicant, or other approved party. (3687-12/04) 6. New residential projects shall include construction of an entirely new project or new units added to an existing project. For purposes of determining the required number of affordable housing units, only new units shall be counted. (3687-12/04) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 17 of 5 C. Fees in Lieu of Construction. 1. Fees paid to fulfill the requirements of this Section shall be placed in the City's Affordable Housing Trust Fund,the use of which is governed by subsection E. (3687-12/04) 2. The amount of the in-lieu fees shall be calculated using the fee schedule established annually by resolution of the City Council. (3687-12/04) 3. One hundred(100)percent of the fees required by this Section shall be paid prior to issuance of a building permit. (3687-12/04) 4. Fees paid as a result of new residential projects shall be based upon the total number and size of the new residential units which are to be constructed. (3687- 12/04) D. Off-Site Construction of Affordable Units. Except as may be required by the California Coastal Act and/or the California Government Code Section 65590 or a successor statute, developers may provide the required affordable housing off-site,at one or several sites, within the City of Huntington Beach. (3687-12/04) 1. Off-site projects may be new construction or major physical rehabilitation,equal to more than one-third the value of the existing improvement,excluding land value, of existing non-restricted units conditioned upon being restricted to long- term affordability. "At Risk"units identified in the Housing Element or mobile homes may be used to satisfy this requirement. (3687-12/04) 2. All affordable off-site housing shall be constructed or rehabilitated prior to or concurrently with the primary project. Final approval (occupancy)of the first market rate residential unit shall be contingent upon the completion and public availability,or evidence of the applicant's reasonable progress towards attainment of completion,of the affordable units. (3687-12/04) E. Miscellaneous Provisions. 1. The conditions of approval for any project that requires affordable units shall specify the following items: (3687-12/04) (a) The density bonus being provided pursuant to Section 230.14,if any; (3687 12/04) (b) The number of affordable units; (3687-12/04) (c) The number of units at each income level as related to Orange County Median Income; and (3687-12/04) (d) A list of any other incentives offered by the City. (3687-12/04) 2. An Affordable Housing Agreement outlining all aspects of the affordable housing provisions shall be executed between the applicant and the City and recorded with the Orange County Recorder's Office prior to issuance of the first building permit (3687-12/04) 3. The Agreement shall specify an affordability term of not less than sixty(60)years (3687-12/04) Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 18 of 55 4. In a project requiring an in-lieu fee,the applicant shall execute and record an Agreement to pay an Affordable Housing In-Lieu Fee. (3687-12/04) 5. All affordable on-site units in a project shall be constructed concurrently with or prior to the construction of the primary project units unless otherwise approved through a phasing plan. Final approval(occupancy)of the first market rate residential unit shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. (3687-12/04) 6. All affordable units shall be reasonably dispersed throughout the project unless otherwise designed through a master plan, shall contain on average the same number of bedrooms as the market rate units in the project, and shall be comparable with the market rate units in terms of exterior appearance,materials and finished quality. (3687-12/04) 7. Affordable Housing Trust Funds shall be used for projects which have a minimum of fifty(50)percent of the dwelling units affordable to very low-and low-income households, with at least twenty(20)percent of the units available to very low- income households. Concurrent with establishing the annual fee schedule pursuan to subsection C, the City Council shall by resolution set forth the permitted uses of Affordable Housing Trust Funds.All units that obtain Affordable Housing Trust Funds shall maintain the affordability of the units for a minimum of sixty (60)years. The funds may, at the discretion of the City Council,be used for pre- development costs, land or air rights acquisition,rehabilitation, land write downs, administrative costs, gap financing, or to lower the interest rate of construction loans or permanent financing. (3687-12/04) 8. New affordable units shall be occupied in the following manner: (3687-12/o4) (a) If residential rental units are being demolished and the existing tenant(s) meets the eligibility requirements,he/she shall be given the right of first refusal to occupy the affordable unit(s); or (3687-12/04) (b) If there are no qualified tenants,or if the qualified tenant(s)chooses not to exercise the right of first refusal, or if no demolition of residential rental units occurs,then qualified households or buyers will be selected. (3687-12/ ) F. Price of Affordable Units. Affordable units shall be sold or rented at prices affordable to very low, low-or median-income households pursuant to terms of the Affordable Housin Agreement. (3687-12/04) 230.2 eserved) 230.30 (Reserved) Non-Residential Districts 230.32 Service Stations The following supplemental development standards 1 apply to the Service Station use. classification. A. Minimum parcel size. 22,500 square feet. Huntington Beach Zoning and Subdivision Ordinance Chapter 230 Page 19 of 55 ATTACHMENT #5 Affordable Housing In -Lieu Fee May 7,, 2007 Request oAdopt affordable housing in - lieu fee for i small residential projects with 3 to 9 units, pursuant to a study prepared by Keyser Marston Associates ( KMA) oDirect staff to process text changes to the affordable housing ordinance Background ') o City Council approved affordable housing ordinance October 2004 o Ordinance allows for an in- lieu fee for projects with 3 to 9 units o City Council reviewed the in - lieu fee nexus study at a Study Session May 2006 o City Council Ad Hoc Committee formed and met July 2006 o Staff directed to process the in- lieu fee as calculated by KMA and report on other items Existing Affordable Housing Ordinance Requirements I o Applies to new residential projects with � 3 or more units o Requires 10% of units as affordable (on - site or off-site) o Requires for-sale units at Median income or lower; requires rental units at Low or Very Low income o Allows payment of in- lieu fee for only projects with 3 to 9 units . In-Lieu Fee Methodology o Calculate Affordability Gap o Difference between market rate prices and income restricted (affordable) prices o Calculate Effective Cost to Developer o Affordability Gap per affordable unit x required number of affordable units o Establish Base In - Lieu Fee Amount o Effective Cost / Total Sq . Ft. of Project o Create a Small Project In- Lieu Fee o Adjust Base In-Lieu Fee for small projects In-Lieu Fee Methodology (cont'd o Affordability Gap o Ownership Project = $437,000 o Rental Project = $105,000 o Effective Cost to Developer (Gap x to%) o Ownership Project = $43,700 Q Rental Project = $10,500 o Establish Base In-Lieu Fee (cost/Avg. sq. Ft.) a Ownership Project = $24 per sq. ft. o Rental Project = $12 per sq . ft. o Create a Small Project In-Lieu Fee (46% decrease in Base Fee) • 9-unit Ownership Project = $13 per sq. ft. 0 9-unit Rental Project = $7 per sq . ft. O In-Lieu Fee study calculations updated for inflation a Ownership Project = $14.55 per sq. ft. Q Rental Project = $7.84 per sq. ft. Proposed In- Lieu Fee In-Lieu Fee Per Square Foot f Of Habitable Areal Project Size Ownership Rental (No. of Units) Projects Projects Three $8.28 $4.48 Four $9.29 $5.04 Five $10.41 $5.60 Six $11 .42 $6. 16 Seven $13.32 $7. 16 Eight $13.54 $7.28 Nine $14.55 $7.84 'Habitable area excludes garage, porch, decks/ balconies. Analysis \� o In - Lieu Fee methodology based on well- established , accepted practice o Adoption would provide alternative means for small projects to satisfy requirements o In - Lieu Fee revenues would be deposited in a Housing Trust Fund o Revenues would be used for uses listed in ordinance, including land acquisition , rehabilitation , gap financing , etc. o Development community has expressed interest in having the fee based solely on rental projects due to cost/feasibility . Analysis (cont'd ) � o KMA recommends that the City make some changes to its affordable housing ordinance, to improve clarity and consistency with other regulations . • Specify that ownership projects are at Median income level and rental projects are at low income levels. o Specify the state code sections that would be used to calculate affordable housing cost. o Specific that only allow new development and substantially rehabilitated units may be used to fulfill off-site requirements. Recommendation � o Staff recommends the City Council : o Adopt the Affordable Housing In - Lieu Fee for small projects o Direct that a zoning text amendment be processed to modify the affordable housing ordinance pursuant to KMA"s recommendations . RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: Affordable Housing In-Lieu Fee COUNCIL MEETING DATE: May 7, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable ❑ Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable ❑ (Signed in full by the City Attorney) Attached El Subleases, Third Party Agreements, etc. Not Applicable ❑ Approved as to form by City Attome Certificates of Insurance (Approved b the City Attome Attached ❑ ( pp Y Y Y) Not Applicable ❑ Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable ❑ Attached Bonds (If applicable) Not Applicable ❑ Attached ❑ Staff Report (If applicable) Not Applicable ❑ 11 Commission, Board or Committee Re ort If applicable Attached p ( Pp ) Not Applicable ❑ s/Conditions for Approval and/or Denial Attached ElFindin 9 pP Not Applicable ❑ EXPLANATION FOR2 MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial VE City Administrator Initial ) -City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use C4 54—:2e ` _ w -so RCA Author: SH:MBB NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday May 7, 2007, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. AFFORDABLE HOUSING IN-LIEU FEE: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Request: To establish an affordable housing in-lieu fee for new residential projects that consist of three to nine units. Location: Citywide Proiect Planner: Mary Beth Broeren NOTICE IS HEREBY GIVEN that Items No. 1 is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3). ON FILE: A copy of the proposed requests are on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. Copies of the staff reports will be available to interested parties at the City Clerk's Office on Thursday May 3, 2007. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the applications as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 D:\Documents and Settings\esparzap\Local Settings\Temporary Internet Files\OLK106E\070507.doc NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday May 7, 2007, at 6:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. AFFORDABLE HOUSING IN-LIEU FEE: Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Request: To establish an affordable housing in-lieu fee for new residential projects that consist of three to nine units. Location: Citywide Project Planner: Mary Beth Broeren NOTICE IS HEREBY GIVEN that Items No. 1 is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3). ON FILE: A copy of the proposed requests are on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. Copies of the staff reports will be available to interested parties at the City Clerk's Office on Thursday May 3, 2007. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the applications as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the City Clerk Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 D:\Documents and Settings\esparzap\Local Settings\Temporary Internet Fi1es\0LK106E\070507.doc Easy Peel Labels !A i A See Instruction Sheet Use Avery®TEMPLATE 59"-Ue 'I i j&W I?@RWKLIsr wm— for Easy Peel Feature 1 WAWRY'j3)5960TM 1 MAILING LABELS- President Roger Kinoshita Kerry Smith H.B.Chamber of Commerce 500 N.State College Blvd. Ste. 100 Harbinger Homes 19891 Beach Blvd.,Ste. 140 Orange,CA 92868 2728 17d,St. Huntington Beach,CA 92648 Huntington Beach,A 92648 Dave Stefanides William D. Holman Dave MacLeod Orange County Assoc.of Realtors PLC 19671 Beach Blvd.,Ste. 101 25552 La Paz Road 19 Corporate Plaza Drive Huntington Beach,CA 92648 Laguna Hills,CA 92653 Newport Beach CA 92660-7912 Bijan Sassounian Dick Harlow Michael C.Adams Associates 21190 Beach Blvd. 1742 Main Street PO Box 382 Huntington Beach,CA 92648 Huntington Beach,CA 92648 Huntington Beach,CA 92648-0382 Duf Sfreddo Dick and Kevin Kelter Jeff Bergsma 5622 Research Dr. 518 Oceanhill Dr_ Team Design/Construction Huntington Beach,CA 92649 Huntington Beach,CA 92648 221 Main St.,Ste.S Huntington Beach,CA 92648 President Keith Dawson Gil Aousizerat Huntington Beach Tomorrow 15581 Placid Cir. 17912 Gothard St. PO Box 865 Huntington Beach,CA 92647 Huntington Beach,CA 92647 Huntington Beach,CA 92648 Julie Vandermost Ed Bonnani Hearthside Homes BIA-OC 5622 Research Dr. Ed Mountford 17744 Sky Park Circle,#170 Huntington Beach,CA 92649 6 Executive Circle,Suite 250 Irvine CA 92614-4441 Irvine,CA 92614 Richard Spicer Michael Gagnet Joe Gergen SCAG Makar Properties,LLC 211-B Main St 818 West 7th, 12th Floor PO Box 7080 Huntington Beach,CA 92648 Los Angeles,CA 90017 Newport Beach,CA 92660 Sarah Phan Bob Reed John&Kathy Zehnder 2500 S. Fairview St,#P 528 14f St, 614 20d,St. Santa Ana,CA 92704 Huntington Beach,CA 92648 Huntington Beach,CA 92648 JCC Homes John Laing Homes Dave Oddo Steve Schwartz Celena Chen 815 Main St 3480 Torrance Blvd.,Ste. 300 3121 Michelson Dr.,Ste. 200 Huntington Beach,CA 92648 Torrance,CA 90503 Irvine,CA 92612-7672 Shea Homes Dave Birt Larry Brose Ron Metzler John Laing Homes Robert Mayer Corp. 603 S.Valencia Ave. 6401 Warner Ave.Apt.408 660 Newport Center Dr.,Ste. 1050 Brea,CA 92823 Huntington Beach,CA 92647 Newport Beach,CA 92660 /0 �- — � Etiquettes faciles a peter A !N — Z Consultez la feuille www.avery.com Utilisez le gabarit AVERY@ 5960' Sens de chargement Winstruction 1-800-GO-AVERY CITY COUNCILlREDEVELOPMENT AGENCY PUBLIC HEARINGREQUEST SUBJECT: a-t0 C._, DEPARTMENT. MEETING DATE: • U�] CONTACT. PHONE: N/A YES NO Is the notice attached? ( ) ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) ( ) Are the date,day and time of the public hearing correct? ( ) ( ) If an appeal,is the appeilant's name included in the notice? ( ) ( ) If Coastal Development Permit,does the notice include appeal language? ( ) ( ) Is there an Environmental Status to be approved by Council? ( ) ( ) Is a map attached for publication? i ( ) ( ) Is a larger ad required? Size r o-t cep';rem ,16 4 V-557Z t,.. C---, ( ) ( ) Is the verification statement attached indicating the source and accuracy of the mailing list? ( ) ( ) Are the applicant's name and address part of the mailing labels? ( ) ( ) Are the appecant's name and address part of the mailing labels? ( ) ( ) If Coastal Development Permit,is the Coastal Commission part of the mailing labels? ( ) ( ) If Coastal Development Permit,are the Resident labels attached? 1 ( ) ( ) Is the33343 report attached? (Economic Development Dept. items only) Please complete the following: 1. Minimum days from publication to hearing date C� 2. Number of times to be published 3. Number of days between publications 'J- - -�� NOTICE OF F?UBLIC HEARING '! BEFORE THE CITY COUNCIL OF THE CITY OF HIJNTINGTDN BEACH NOTICE IS HEREBY GIVEN that on Monday May 7, 2007,at 6:00 p.m. in the City ii . Council Chambers,2000 Main Street, Huntington Beach,the City Council will hold!a public hearing on the following planning and zoning items: i 1. AFFORDABLE HOUSING IN-LIEU FEE: Applicant: City of,'Huntington Beach, PROOF OF PUBLIC _ 2000 Main Street,Huntington Beach, CA 92648 Request:To establish an affordable housing in-lieu fee for new residential projects that consist of three to nine:units. Location: Citywide Project Planner: Mary Beth Broeren' NOTICE IS HEREBY GIVEN•that,Items No. 1 is exempt from the provisions'of the 't STATE OF CALIFORNIA) California Environmental'Quality:Act pursuant to Section 15061(b)(3). �. ON FILE:'A copy of the proposed requests are on file in the Planning Department, 2000 COUNTY OF ORANGE Main Street, Huntington Beach, California 92648,for inspection by the public. Copies of the staff reports will be available to interested parties at the'City Clerk's Office on, Thursday May 3, 2007. j } am a Citizen of the United! ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the applications as outlined above. If you challengelthe . resident of the County afG City Council's action in court,you may be limited to raising only those issues you or over the age of eighteen ye'' . someone else raised at the public hearing described in this notice, or in written ±' a t0 or Interested In the correspondence delivered to the City at, or prior to,the public hearing..If there are Any p further questions please call the iPlanning Department at 536-5271 and refer to the! matter. I am a principal above items. Direct your written communicationsJo,the City Clerk HUNTINGTON BEACH IN ,loan L. Flynn, City Clerk �! a newspaper of generc City of Huntington Beach 4 2000 Main Street, 2nd Floor II printed and published in Huntington Beach;California 92648 Huntington Beach, Count (714)536-5227 --- i State of California, and that attached- - Notice is a true and complete copy,,as was printed and published in the Huntington Beach issue of said nevispaper C will'the Issuefsi C": APRIL 26,.2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on APRIL 26, 2007 at Costa Mesa, California. Signature