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HomeMy WebLinkAbout7.1 Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus StudySTAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 7.1 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus StudyPrepared by:Jason Earl,Senior Management Analyst EXECUTIVE SUMMARY:The City Council will receive a report on the Inclusionary Zoning and Affordable Housing In-Lieu Fee Feasibility Study and the Commercial Linkage Fee Nexus Study. The City Council will be requested to provide feedback and direction on key policy decisions. This feedback will be used to prepare updates to the Inclusionary Zoning Regulations, Affordable Housing In-Lieu Fee, and Commercial Linkage Fee programs in accordance with the City’s Two-Year Strategic Plan. The updates to these programs will be considered for adoption at a future meeting. STAFF RECOMMENDATION:Receive the report and provide feedback and direction. FINANCIAL IMPACT:The cost for this project will be charged to the City’s Affordable Housing Fund. There are sufficient funds allocated in the Fiscal Year 2023-24 Adopted Budget for this purpose. DESCRIPTION:BackgroundThe City of Dublin Two-Year Strategic Plan includes Strategy 2: Housing Affordability, with the following two specific objectives: Objective 2.b: Ensure the City’s inclusionary zoning regulations incentivize targetedhousing production;and Objective 2.c: Prepare a nexus study to evaluate the affordable housing commercial linkagefee and affordable housing in-lieu fee for for-sale and rental housing. 863 Page 2 of 3 The consulting firm Economic and Planning Systems (EPS) was selected through a competitive process to assist Staff with addressing these Strategic Plan Objectives. The City’s current Inclusionary Zoning Regulations (DMC Chapter 8.68) and Affordable Housing In-Lieu Fee were adopted by the City Council on May 21, 2002 (Ordinance 08-02 and Resolution 56-02 respectively). The Inclusionary Zoning Regulations (IZR) has been amended from time to time, while the In-Lieu Fee is adjusted annually on July 1 based on an inflationary index. The IZR apply to projects with 20 or more units. The City’s current inclusionary requirement is 12.5%, meaning that 12.5% of the units in a market-rate residential project are to be set aside as affordable to lower-income households. A developer may satisfy 40% of this obligation through the payment of in-lieu fees. The current Affordable Housing In-Lieu Fee is $241,131 per affordable unit. The Commercial Linkage Fee was adopted by the City Council on May 03, 2005 (Resolution 70-05) and is adjusted each year by an inflationary index. The current fees are shown in Table 1 below. The Commercial Linkage Fee serves to increase funding for affordable housing due to the nexus between non-residential development and the need it generates for affordable housing. Table 1: Commercial Linkage FeeLand Use Category Commercial Linkage FeeIndustrial$0.65Office$1.68Research & Development $1.09Retail$1.35Services & Accommodations $0.57Staff and the consultant team have reviewed these programs, interviewed market-rate and affordable housing developers who are active in the City and the region, and conducted a survey of the inclusionary requirements, In-Lieu Fees, and Commercial Linkage Fees in other jurisdictions to provide context. Market conditions have changed, and development costs have increased since these programs were initially adopted. As a result, it appears that the inclusionary requirements and the in-lieu fee levels are no longer aligned, and the commercial linkage fees are below what other cities are charging.The City Council will receive a presentation that outlines the findings from this review. The presentation will also highlight how the inclusionary requirement and in-lieu fee programs work from a market and economic perspective, and the implications and tradeoffs of updating these programs. Additionally, the results of the Commercial Linkage Fee nexus analysis, current land use categories, and potential changes to the land use categories will be discussed. This will include a review of the maximum fees that the City could charge, a comparison of fees in peer cities, and a discussion of potential approaches to setting these fees since the nexus-based maximums often exceed what most cities want to charge. The City Council will be requested to provide feedback and direction on key policy decisions. This feedback will be used to prepare updates to the Inclusionary Zoning Regulations, Affordable 864 Page 3 of 3 Housing In-Lieu Fee, and Commercial Linkage Fee programs for future consideration and adoption. ENVIRONMENTAL REVIEW:Receiving this informational report and providing direction is not subject to the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15306 (Information Collection). STRATEGIC PLAN INITIATIVE:Strategy 2: Housing Affordability.Objective 2B: Ensure the City’s inclusionary zoning regulations incentivize targeted housingproduction.Objective 2C: Prepare a nexus study to evaluate the affordable housing commercial linkage fee and affordable housing in-lieu fee for for-sale and rental housing. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:None. 865 Economic & Planning Systems, Inc. The Economics of Land Use 1330 Broadway, Suite 450  Oakland, CA 94612 510.841.9190  www.epsys.com COMMERCIAL LINKAGE FEE NEXUS STUDY UPDATE AND INCLUSIONARY HOUSING PROGRAM UPDATE Prepared for the City of Dublin City Council August 15, 2023 866 Economic & Planning Systems City of Dublin | 1 AGENDA 1)Commercial Linkage Fee –Nexus Overview and Logic –Land Use Categories and Key Assumptions –Maximum Nexus-Based Fee Calculation –Fee Survey –Feedback Requested: Potential Approaches to Setting Fees 2)Inclusionary Housing Requirements and In-Lieu Fee –Changing Market Conditions –Current Inclusionary Program (Ownership & Rental) •Gap Analysis •Developer Subsidy Calculation and Feasibility Assessment •Fee Survey Comparison with Other Jurisdictions –Program Observations –Implications for Update –Feedback Requested: Potential Approaches to Updating Requirements and Tradeoffs 867 COMMERCIAL LINKAGE FEE 868 Economic & Planning Systems City of Dublin | 3 1.How many jobs are generated from the new development? 2.How much do these new employees earn? 3.How many units of employee housing are needed? 4.What is the gap between housing development costs and workforce purchasing power? 5.What commercial linkage fee will fill this gap? COMMERCIAL LINKAGE FEE: KEY QUESTIONS What is the impact of new commercial development on the need for workforce housing? To answer this, we need to know… 869 Economic & Planning Systems City of Dublin | 4 % of Workers Total Employment Sq.Ft. per Total Workers Forming Households per Category Worker per 100k Sq.Ft.Households 100k Sq. Ft. Commercial 472 212 92.3%115 Lodging 3,000 33 98.0%19 Office/R&D 307 326 98.0%188 Industrial 862 116 98.0%67 COMMERCIAL EMPLOYMENT AND HH GENERATION Workers per household with earnings is 1.70 (2017-2021 Census ACS) Household formation rates exclude workers aged 16 – 19 (Bureau of Labor Statistics) 870 Economic & Planning Systems City of Dublin | 5 INCOME DISTRIBUTION OF WORKER HOUSEHOLDS Every occupation in an employment/land use category is assigned an income level and the number of jobs for each occupation in the industry is used to estimate the proportion of worker households in each income category. For example, 87% of worker households in Lodging are classified as Low Income. Very Low Low Moderate Above Moderate 50% AMI 80% AMI 120% AMI >120% AMI Commercial 0.0%90.4%3.5%6.0% Lodging 0.5%87.1%3.0%9.4% Office/R&D 0.0%26.3%14.0%59.7% Industrial 0.0%43.4%36.2%20.4% Income Level [1] Designation of household income assumes a 3-person household and 1.7 workers per household, based on American Community Survey data. Employment Category1 Sources: JobsEQ, 2022; California Housing and Community Development (HCD); Economic & Planning Systems, Inc. 871 Economic & Planning Systems City of Dublin | 6 $170,280 $249,840 $329,700 $599,140 $521,558 $441,998 $362,138 $92,698 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 Very Low Income (50% AMI) Lower Income (60% AMI) Low Income (70% AMI) Moderate Income (110% AMI) Total Supportable Unit Value Affordability Gap Affordability gaps for each income level graphed. The total cost of development is $691,800. GAP ANALYSIS FOR AFFORDABLE UNITS 85 DU/ACRE (1,000 SQ. FT. UNITS), WRAPPED PARKING 872 Economic & Planning Systems City of Dublin | 7 COMMERCIAL MAXIMUM FEE CALCULATION The number of households in each income category is multiplied by the corresponding affordability gap to arrive at the total required subsidy. The total subsidy is divided by the prototypical building square footage (100,000 sq. ft. of development) to calculate the maximum fee per square foot. Adjusted to exclude the 9.4% of workers who both work and live in Dublin (2020 LEHD) Maximum Fee Adjusted Maximum per sq. ft.per sq. ft. Commercial 115 108 $38,033,090 $380 $344 Lodging 19 18 $6,249,035 $62 $57 Office/R&D 188 75 $20,154,873 $202 $183 Industrial 67 53 $12,726,728 $127 $115 Employment Category Total Required Subsidy Total Households Total Households (Up to 120% AMI) 873 Economic & Planning Systems City of Dublin | 8 NEXUS-BASED MAXIMUM VS FEASIBLE FEE LEVELS Nexus results indicate maximum-justifiable fee levels. BUT the nexus results typically cannot reasonably be absorbed by new development. i.e., the maximum-justifiable fee levels would likely render new non- residential development infeasible 874 Economic & Planning Systems City of Dublin | 9 EXAMPLES OF COMMERCIAL LINKAGE FEES IN OTHER CITIES Commercial (Retail)Lodging Office/R&D Industrial Dublin $1.35 $0.57 $1.09-1.68 $0.65 San Ramon $4.32 $4.32 $4.32 $3.24 Danville Pleasanton $5.21 $3.59 $8.68 $14.42 Livermore $2.38 $3.34 $1.53 $0.21-1.52 Fremont $11.33 $11.33 $11.33 $5.67 Hayward Walnut Creek $5.00 $5.00 $5.00 $5.00 Concord no commercial linkage fee program no commercial linkage fee program no commercial linkage fee program Commercial Linkage Fee per Sq. Ft. In Dublin, the current fee represents 4 to 7 percent of the total impact fee burden. –In other Tri-Valley cities, the affordable housing fee burden ranges from 0 (Danville, which has no program) to 46 percent (Pleasanton Industrial). 875 Economic & Planning Systems City of Dublin | 10 POTENTIAL APPROACHES TO SETTING FEES Recommended fee levels are well below supportable maximums. Category Option 1 Option 2 Option 3 $10, level High of $10, tier proportionally Economic development lens Commercial $1.35 $344 $10.00 $10.00 $5.00 Lodging $0.57 $57 $10.00 $1.50 $5.00 Office/R&D $1.09-1.68 $183 $10.00 $5.00 $10.00 Industrial $0.65 $115 $10.00 $3.00 $10.00 Adjusted Maximum Fee per Sq. Ft. Current Fee per Sq. Ft. 876 INCLUSIONARY HOUSING 877 Economic & Planning Systems City of Dublin | 12 CURRENT INCLUSIONARY PROGRAM A developer is seeking to build a 100-unit project in Dublin. 12.5% overall inclusionary requirement •60% Moderate •40% Low OR pay in-lieu fee for up to 40% of inclusionary requirement •Remaining 60% must build 12.5% overall inclusionary requirement •50% Moderate •30% Low •20% Very Low OR pay in-lieu fee for up to 40% of inclusionary requirement •Remaining 60% must build OWNERSHIP (assume single-family detached) RENTAL (assume multi-family) The in-lieu fee as of July 2023 is $241,131 per inclusionary unit. 878 Economic & Planning Systems City of Dublin | 13 MARKET CONDITIONS CHANGE OVER TIME This chart demonstrating price index since 2002 offers a partial explanation as to why in today’s market: (1)higher inclusionary requirements are difficult to meet; (2)in-lieu fees fail to align with the requirement despite inflationary adjustments. -30 -10 10 30 50 70 90 110 130 150 2000 2005 2010 2015 2020 Pr i c e I n d e x Price Index - Construction Costs, Multifamily Rents, Single Family Home Sales Construction Cost Index (ENR)Multi-family Market-Rate/Affordable Rents (Costar)Single Family Home Sales (Zillow) 879 Economic & Planning Systems City of Dublin | 14 The total cost of development is $1,137,288. GAP ANALYSIS FOR MARKET-RATE SINGLE-FAMILY DETACHED 10 DU/ACRE (2,400 SQ. FT. UNITS), 4-BEDROOM $217,100 $353,500 $558,300 $626,600 $920,188 $783,788 $578,988 $510,688 $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 Very Low Income (50% AMI) Low Income (70% AMI) Median Income (100% AMI) Moderate Income (110% AMI) Supportable Home Price Affordability Gap 880 Economic & Planning Systems City of Dublin | 15 DEVELOPER OPTIONS SINGLE FAMILY DETACHED (OWNERSHIP) Outcome: The total subsidy for Option 2 is less, and therefore preferred by developers. Option 1 Comply with inclusionary requirement Build 12 inclusionary units 5 Low x $783,788 per unit =$3,918,940 7 Moderate x $510,688 per unit =$3,574,816 Total Subsidy $7,493,756 Option 2 Pay in-lieu fee and build minimum inclusionary Build 7 inclusionary units 3 Low x $783,788 per unit =$2,351,364 4 Moderate x $510,688 per unit =$2,042,752 $4,394,116 Pay in-lieu fee on 5 units 5 Units x $241,131 per unit =$1,205,655 Total Subsidy $5,599,771 881 Economic & Planning Systems City of Dublin | 16 The total cost of development is $613,295. GAP ANALYSIS FOR MARKET-RATE MULTI-FAMILY RENTAL 65 DU/ACRE (1,100 SQ. FT. UNITS), 3 TO 5-STORY WRAPPED PARKING $170,280 $376,380 $569,280 $599,140 $443,015 $236,915 $44,015 $14,155 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 Very Low Income (50% AMI) Low Income (80% AMI) Median Income (100% AMI) Moderate Income (110% AMI) Total Supportable Unit Value Affordability Gap 882 Economic & Planning Systems City of Dublin | 17 DEVELOPER OPTIONS MULTIFAMILY (RENTAL) Outcome: The requirement and fee align, but is it feasible? Option 1 Comply with inclusionary requirement Build 12 inclusionary units 4 Very Low x $443,015 per unit =$1,772,060 2 Low x $236,915 per unit =$473,830 6 Moderate x $14,155 per unit =$84,930 Total Subsidy $2,330,820 Option 2 Pay in-lieu fee and build minimum inclusionary Build 7 inclusionary units 2 Very Low x $443,015 per unit =$886,030 1 Low x $236,915 per unit =$236,915 4 Moderate x $14,155 per unit =$56,620 $1,179,565 Pay in-lieu fee on 5 units 5 Units x $241,131 per unit =$1,205,655 Total Subsidy $2,385,220 883 Economic & Planning Systems City of Dublin | 18 FEE SURVEY OF LOCAL JURISDICTIONS SINGLE FAMILY DETACHED (OWNERSHIP) City Overall Inclusionary Requirement Income Targets Project Size Threshold Last Ordinance Update Dublin 12.5%60% Moderate 40% Low 20 units $241,131 per inclusionary unit 2002 Fremont 15%66% Low 33% Moderate All units $44.00 per sq. ft.2021 Concord 10% 6% Moderate Low 5 units $9.00 per sq. ft.2017 San Ramon 10%Moderate 10 units $15.70 per sq. ft.2019 Hayward 10%Moderate 2 units $23.46 per sq. ft.2018 Walnut Creek 10% 7% 6% Moderate Low Very Low All units $21.86 per sq. ft.2017 Livermore 15%50% Moderate 50% Low 11 units $39.94 per sq. ft. (under 11 units) 11+ units must build 2015 Danville 10%Moderate 10 units 2014 Pleasanton 20%Moderate Low Very Low 15 units $50,480 per dwelling unit 2000* In-Lieu Fee market gap calculation 884 Economic & Planning Systems City of Dublin | 19 FEE SURVEY OF LOCAL JURISDICTIONS SINGLE-FAMILY DETACHED (OWNERSHIP) $241,131 * $44 $9 $15.70 $23.46 $21.86 $39.94 $50,480 † 0% 5% 10% 15% 20% 25% Option 1 Option 2 Option 1 Option 2 Option 3 Dublin Fremont Concord San Ramon Hayward Walnut Creek Livermore Danville Pleasanton Moderate Low Very Low * Fee is provided on a per inclusionary unit basis † Fee is provided on a per dwelling unit basis 885 Economic & Planning Systems City of Dublin | 20 FEE SURVEY OF LOCAL JURISDICTIONS MULTIFAMILY (RENTAL) City Overall Inclusionary Requirement Income Targets Project Size Threshold Last Ordinance Update Dublin 12.5%50% Moderate 20% Low 30% Very Low 20 units $241,131 per inclusionary unit 2002 Fremont 10%Low All units $17.50 per sq. ft.2021 Concord 10% 6% Low Very Low 15 units $0.00 per sq. ft.2021 San Ramon 15%50% Low 50% Very Low 5 units $14.63 per sq. ft. (under 10 units) 10+ units must build 2019 Hayward 6%50% Low 50% Very Low 2 units $23.46 per sq. ft.2018 Walnut Creek 10% 6% Low Very Low All units $21.86 per sq. ft.2017 Livermore 15%50% Low 50% Very Low 11 units 2015 Danville 15%Moderate 10 units 2014 Pleasanton 15%Low Very Low 10 units $50,480 per dwelling unit 2000* In-Lieu Fee market gap calculation In-lieu fee N/A; must build 886 Economic & Planning Systems City of Dublin | 21 FEE SURVEY OF LOCAL JURISDICTIONS MULTIFAMILY (RENTAL) $17.50 $0 $21.86 N/A $50,480 † $241,131 * $14.63 $23.46 0% 2% 4% 6% 8% 10% 12% 14% 16% Option 1 Option 2 Option 1 Option 2 Dublin Fremont Concord San Ramon Hayward Walnut Creek Livermore Danville Pleasanton Moderate Low Very Low * Fee is provided on a per inclusionary unit basis † Fee is provided on a per dwelling unit basis 887 Economic & Planning Systems City of Dublin | 22 PROGRAM OBSERVATIONS Working Well Needs Consideration •Clear inclusionary guidelines for developers •Must-build component means that some inclusionary units are still built – no lag or erosion of effectiveness •Program is no longer aligned with market conditions •Current on-site inclusionary for rental product may not demonstrate feasibility 888 Economic & Planning Systems City of Dublin | 23 IMPLICATIONS FOR UPDATE To align the inclusionary program with current market conditions, the City may: Example considerations / tradeoffs: Do nothing Update requirement Raise fee Alter income targets Combination Stick with 12.5% overall on-site  Raise the fee or lean towards more Moderate housing; may still pose feasibility challenges on rental side Incorporate Low and Very Low Lower overall on-site requirement Maintain lower in-lieu fee Lower overall on-site requirement Consider which options achieve the City’s affordable housing goals. 889 Economic & Planning Systems City of Dublin | 24 FEEDBACK REQUESTED – COMMERCIAL LINKAGE FEE Potential Approaches to Setting Fees 1.What are the City’s primary objectives for this update? a)Meet Housing Element goals of creating housing for different income levels b)Generate fee revenue to put towards affordable housing c)Encourage nonresidential development in Dublin d)Other? 2.Acknowledging that the nexus-based fee is too high, is there a policy-based “high” fee we can begin to target? •Current fees represent 4 to 7 percent of aggregate fee burden •A “high” of $10 would increase aggregate fee burden share to 27 to 45 percent 3.Is there a preferred approach (e.g., level across land use categories, proportional to nexus, “economic development” lens, other?) 890 Economic & Planning Systems City of Dublin | 25 FEEDBACK REQUESTED – INCLUSIONARY HOUSING/IN-LIEU FEE Potential Approaches to Updating Requirements and Tradeoffs 1.What are the City’s primary objectives for this update? a)Ensure affordable housing is built b)Generate fee revenue to put towards affordable housing c)Ensure feasibility even if it means reducing requirements d)Keep requirements low to encourage market rate development and limit need for negotiated agreements e)Other? 2.Does the current inclusionary requirement (12.5 percent) need modification? a)Ownership? b)Rental? 3.Which income targets should the requirements include? a)Ownership: Low and Mod, all Mod? (Very Low is not recommended) b)Rental: Very Low, Low, and Mod? Some other combination? 4.Does the in-lieu fee need modification? a)Ownership? b)Rental? 5.At what project size should inclusionary requirements kick in? a)Current program = 20 units; commonly observed = 5 to 10 units 891 Economic & Planning Systems City of Dublin | 26 NEXT STEPS Commercial Linkage Fee –Finalize Commercial Linkage Fee Recommendations –Prepare Draft Nexus Study report –Bring back to Council for review (September/October) –Revise Ordinance and bring to Council for adoption (December) Inclusionary Housing –Prepare Draft Feasibility Evaluation –Prepare preliminary Inclusionary Housing Requirement Recommendations and bring back to Council (September/October) –Finalize Inclusionary Housing Requirement Recommendations and update Ordinance and take to Planning Commission for recommendation (October/November) –Bring final recommendations and updated Ordinance to Council for adoption (December) 892