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SR 08-25-2015 3L City Council Report City Council Regular Meeting: August 25, 2015 Agenda Item: 3.L 1 of 4 To: Mayor and City Council From: Andy Agle, Director, Housing Division, Housing and Economic Development Subject: Affordable Housing Production Program Fee Resolutions Recommended Action Staff recommends that Council adopt the attached Resolutions that would apply 4.9 percent increases in the Affordable Housing Unit Base Fee for new market-rate apartments and condominiums and in the Affordable Housing Unit Development Cost. Executive Summary The proposed adjustments to the Affordable Housing Unit Base Fee and Affordable Housing Unit Development Cost reflect changes in land and construction costs. On June 13, 2006 (Attachment A), Council approved the methodology for ascertaining changes in the costs in order to calculate the annual adjustment. The attached resolutions have been prepared in accordance with the approved methodology. The Affordable Housing Unit Base Fee and the Affordable Housing Unit Development Cost would be 4.9 percent higher than the existing amounts and would become effective November 1, 2015, if approved. Background The Affordable Housing Production Program (AHPP), Chapter 9.56 of the City’s Municipal Code, implements Proposition R, which establishes that not less than 30 percent of all newly constructed multi-family housing in the City annually must be affordable to low- and moderate-income households for at least 55 years. The AHPP was adopted by the City Council on July 21, 1998 (Attachment B) and has been periodically amended, as necessary. The AHPP re quires developers of new market-rate, multi-family housing to contribute to affordable housing goals by designating a portion of a development’s total residences as affordable housing, constructing affordable housing off site, designating land for affordable housing development, or paying the Affordable Housing Unit Base Fee. 2 of 4 The Fee is updated annually based upon changes in land and construction costs. When a developer chooses to designate a portion of a project’s total residences as affordable housing, the number of affordable residences that must be provided is based on the number of market-rate units in the development. Oftentimes, the calculation of required affordable residences results in a fraction. In that instance, when the fraction is 0.75 or more, the number is rounded-up to a whole number. However, any fraction less than 0.75 can be satisfied by payment of a fee. The amount of the fee is based upon the Affordable Housing Unit Development Cost, which is also automatically adjusted annually based upon changes in land and construction costs. For example, if a developer is required to provide 4.7 units of affordable housing within a development, the developer would be required to designate four affordable units and pay 0.7 times the Affordable Housing Unit Development Cost to satisfy the requirement associated with the fraction. Discussion Annual Fee Adjustments Section 9.56.070 of the City’s AHPP provides that the Affordable Housing Unit Base Fee and the Affordable Housing Unit Development Cost shall be adjusted annually by Council resolution based on changes in construction and land costs. The fee adjustment methodology is detailed in Section 2 of the AHPP Administrative Guidelines and reflects the methodology approved by Council in 2006. The fees are adjusted based on two factors: 1) changes in construction costs as measured by the Engineering News Records Construction Cost Index, and 2) changes in land costs measured by using the proxy of change in median condominium sales prices. The previous annual adjustment, adopted by Council on August 26, 2014 (Attachment C), increased the fees by 7.2 percent ($2.00 per square foot for apartments and $2.34 per square foot for condominiums). The table below summarizes this year’s proposed adjustment to the fees, which would be increased by 4.9 percent based on this year’s changes in land and construction costs. 3 of 4 Fee Description 2014 Amount 2015 Amount % Change Affordable Housing Unit Base Fee – Apartments (per square foot) $29.79 $31.25 +4.9% Affordable Housing Unit Base Fee – Condominiums (per square foot) $34.80 $36.51 +4.9% Affordable Housing Unit Development Cost $312,609 $327,927 +4.9% The proposed Resolutions (Attachments D and E) would adjust the fees accordingly, effective November 1, 2015. Details of the calculations prepared by HR&A Advisors for the Affordable Housing Unit Base Fee and the Affordable Housing Unit Development Cost are provided in attachments F and G. The revenue implications are minimal and depend on development activity in any given year. On August 14, 2015, the City published notice in the Santa Monica Daily Press of this hearing and the availability of the HR&A Advisors' analyses. The City republished this notice on August 20, 2015. Copies of these analyses have been available in the City Clerk's Office for public review since August 14, 2015. Pursuant to Council direction, staff and the City Attorney’s Office are evaluating whether the recent California Supreme Court decision in Building Industry Association v. San Jose gives the City additional flexibility with respect to the AHPP. If there is additional flexibility, and a new fee structure is developed and adopted, the new structure would replace the existing structure. In the meantime, staff recommends that the existing fees be adjusted to their maximum level according to current City law. 4 of 4 Financial Impacts & Budget Actions The proposed rate change in the Affordable Housing Production Program (AHPP) fee will increase annual revenues by an estimated $60,000-$70,000 depending on development activity levels. Revenues will be deposited at account 04264.404400 and are included in the FY 2015-16 adopted budget. Prepared By: Jonathan Carr, Administrative Analyst Approved Forwarded to Council Attachments: A. June 13, 2006 Staff Report web link B. July 21, 1998 Staff Report C. August 26, 2014 Staff Report web link D. Resolution Automatically Adjusting the Affordable Housing Unit Base Fee E. Resolution Automatically Adjusting the Affordable Housing Unit Development Cost F. HR&A Analysis: Proposed FY 2015-16 Annual Automatic Adjustment for the Affordable Housing Unit Base Fee G. HR&A Analysis: Proposed FY 2015-16 Annual Automatic Adjustment for the Affordable Housing Unit Development Cost HR&A Advisors, Inc. | Los Angeles | New York | Washington, D.C. July 16, 2015 Mr. Barry Rosenbaum, Esq., Senior Land Use Attorney Office of the City Attorney City of Santa Monica 1685 Main Street Santa Monica, CA 90405 Re: Proposed FY 2015-16 Annual Automatic Adjustment for the Affordable Housing Unit Base Fee Dear Mr. Rosenbaum: This letter summarizes the results of applying the annual adjustment calculation methodology adopted by the City to establish the Affordable Housing Unit Base Fee pursuant to Santa Monica Municipal Code Section 9.56.070(b) (“the affordable housing unit base fee shall be adjusted [annually] based on changes in constructions costs and land costs). This methodology was approved by the Santa Monica City Council at a public hearing on June 13, 2006, based on the recommendation of HR&A in a letter to City staff dated April 24, 2006. A copy of the April 24, 2006 letter is included for reference as Attachment A hereto. The City Council approved the last annual increase for FY 2014-15 using this methodology when it adopted Resolution No. 10833 (CCS) on August 26, 2014. For the construction cost inflation component of the calculation approach, the Engineering News Record’s (ENR) Construction Cost Index specific to the Los Angeles metro area is utilized, because it is updated monthly and is readily available via the Internet by subscription. The applicable index change was 2.5 percent measured between March 2015 (the current budget adoption year) and March 2014, as compared with a 4.4 percent change between March 2013 and March 2014. Although there is no comparable index for inflation in land cost, the City-adopted method uses the weighted average annual change in median condominium sale prices, by ZIP Code, as a proxy measure for land cost changes measured for the immediately preceding calendar year. Based on our analysis of sales data compiled by Dataquick from the Los Angeles County Assessor records, the weighted average change for the City during 2014 was 11.9 percent, as compared with a 15.4% increase during 2013. The relative balance between land cost inflation (based on changes in median condo prices) and construction cost inflation (based on a construction cost index) continues to be based on development cost data for the two most recently completed and/or under-construction multi-family affordable developments assisted by the City. For the current analysis, the two City-assisted projects are 2802 Pico Boulevard and 430 Pico Boulevard. The City-adopted calculation approach uses a simple average of the ratio between land purchase price and the sum of land cost and hard construction cost to derive the land value percentage (25.3%). The inverse of the land value percentage is the construction cost share (74.7%). Barry Rosenbaum, Esq. City of Santa Monica July 16, 2015 HR&A ADVISORS, INC. Page 2 Table 1, on the following page, presents the annual adjustment calculation establishing the Affordable Housing Unit Base Fee for FY 2015-16. It shows that a weighted average inflation index using this City Council-approved approach results in a 4.9 percent annual increase (as compared with a 7.2 percent increase for FY 2014-15):  $36.51 per square foot for condominium developments (an increase of $1.71 per square foot from the FY 2014-15 Fee); and  $31.25 per square foot for apartment developments (an increase of $1.46 per square foot from the FY 2014-15 Fee). It is my understanding that the results of the calculations shown in Table 1 will be the basis for a Resolution changing the Affordable Housing Base Fee for FY 2015-16. We are available to assist you in presenting the Resolution to the City Council. Sincerely, PAUL J. SILVERN, Vice President HR&A ADVISORS, INC. ATTACHMENT A April 24, 2006 HR&A Letter re: Annual Adjustment Methodology HR&A Advisors, Inc. | Los Angeles | New York | Washington, D.C. July 16, 2015 Mr. Barry Rosenbaum, Esq., Senior Land Use Attorney Office of the City Attorney City of Santa Monica 1685 Main Street Santa Monica, CA 90401 Re: Proposed FY 2015-16 Annual Adjustment for the Affordable Housing Unit Development Cost Dear Mr. Rosenbaum: This letter summarizes the results of applying an annual adjustment to the Affordable Housing Unit Development Cost pursuant to Santa Monica Municipal Code (SMMC) Section 9.56.070(c) (“ . . . Commencing on July 1, 2007 and on July 1st of each fiscal year thereafter, the City’s affordable housing unit development cost shall be adjusted based on changes in construction costs and land costs . . .”). The inflation methodology is the same as that used to produce annual adjustments for the Affordable Housing Unit Base Fee, pursuant to SMMC Section 9.56.070(b). That methodology was approved by the Santa Monica City Council at a public hearing on June 13, 2006, based on the recommendation of HR&A in a letter to City staff dated April 24, 2006. A copy of the April 24, 2006 letter is included for reference as Attachment A hereto. SMMC Section 9.56.070(a)(4) provides that developers of market rate multi-family housing are eligible to pay a fee equal to a fraction of an affordable unit when the number of units otherwise required by Section 9.56.050(d) is less than 0.75. In such cases, the amount of the fee is equal to the City’s Affordable Housing Unit Development Cost multiplied by the fractional unit. The City’s Affordable Housing Development Unit Cost is defined as the average cost to the City to develop a unit of housing affordable to low- and moderate-income households. The Affordable Housing Unit Development Cost was originally estimated to be $239,949, as contained in the nexus study prepared by HR&A in 20051 to support the imposition of the Affordable Housing Unit Base Fee. The amount of the Affordable Housing Unit Development Cost is equal to the City’s total cost to develop a unit of affordable housing (i.e., land, construction, professional fees and other “soft” costs and financing costs) minus the amount of construction loan that can be supported by the net operating income derived from operating a typical City-assisted affordable housing development. A 2005-2007 cumulative inflation increase for the Affordable Housing Unit Development Cost to $265,632 using the approved methodology was adopted by the City Council when it approved Resolution No. 10230 (CCS) on July 24, 2007. The City Council approved the last annual increase 1 Hamilton, Rabinovitz & Alschuler, Inc., The Nexus Between New Market Rate Multi-Family Developments in the City of Santa Monica and the Need for Affordable Housing, 2005 Update, July 1, 2005, prepared for the City of Santa Monica. Barry Rosenbaum, Esq. City of Santa Monica July 16, 2015 HR&A ADVISORS, INC. Page 2 for FY 2014-15 using this methodology when it adopted Resolution No. 10834 (CCS) on August 26, 2014. For the construction cost inflation component of the calculation approach, the Engineering News Record’s (ENR) Construction Cost Index specific to the Los Angeles metro area is utilized, because it is updated monthly and is readily available via the Internet with a subscription. The applicable index change was 2.5 percent measured between March 2015 (the current budget adoption year) and March 2014, as compared with a 4.4 percent change between March 2013 and March 2014. Although there is no comparable index for inflation in land cost, the City-adopted calculation method uses the weighted average annual change in median condominium sale prices, by ZIP Code, as a proxy measure for land cost changes measured for the immediately preceding calendar year. Based on our analysis of 2014 sales data compiled by Dataquick from Los Angeles County Assessor records, the weighted average change for the City during 2013 was 11.9 percent, as compared with a 15.4 percent increase during 2013. The relative balance between land cost inflation (based on changes in median condo prices) and construction cost inflation (based on a construction cost index) continues to be based on development cost data for the two most recently completed and/or under-construction multi-family affordable developments assisted by the City. For the current analysis, the two City-assisted projects are 2802 Pico Boulevard and 430 Pico Boulevard. The City-adopted calculation approach uses a simple average of the ratio between land purchase price and the sum of land cost and hard construction cost to derive the land value percentage (25.3%). The inverse of the land value percentage is the construction cost share (74.7%). Table 1, on the following page, presents the annual adjustment calculation establishing the Affordable Housing Unit Development Cost for FY 2015-16. It shows that a weighted average inflation index using the City Council-approved approach results in a 4.9 percent annual increase (compared with a 7.2 percent increase for FY 2014-15), to $327,927, which is a $15,318 increase compared with the FY 2014-15 Unit Cost. It is my understanding that the results of the calculations shown in Table 1 will be the basis for a Resolution changing the Affordable Housing Unit Development Cost for FY 2015-16. We are available to assist you in presenting the Resolution to the City Council. Sincerely, PAUL J. SILVERN, Vice President HR&A ADVISORS, INC. ATTACHMENT A April 24, 2006 HR&A Letter re: Annual Adjustment Methodology