Resolution 11899CITY OF ALAMEDA RESOLUTION NO. 11899
ESTABLISHING THE AFFORDABLE HOUSING UNIT AND
FEE REQUIREMENTS FOR TITLE XX OF THE ALAMEDA
MUNICIPAL CODE
WHEREAS, the City Council of the City of Alameda commissioned
a report entitled "Affordable Housing Requirements and In -Lieu Fee
Methodology Report" to provide the methodology for determining the
formula, the number of units, and the reasonable relationship
between the housing requirements and the types of development
subject to the City's affordable housing requirements. The report
examined the connection between commercial and industrial
development and the housing needs created by that development with
an emphasis on affordable housing. The report concluded that a
clear nexus can be established between the amount of nonresidential
development and the need for affordable housing for low- and
moderate - income employees;
WHEREAS, the Report examined the relationship between the
numbers of additional low and moderate - income employees associated
with commercial or industrial development and the number of
additional low and moderate - income households that are directly
associated with such development and will accordingly impact the
Alameda housing market;
WHEREAS, the City Council has reviewed the report and
concluded that each additional 100,000 square feet of development
contributes to the affordable housing demand by 9 units for retail
uses, 20 units for office uses, 4 units for warehouse uses, and 4
units for manufacturing uses. Hotel /motel uses contribute to the
affordable housing demands by 5 units per 100 rooms or suites;
WHEREAS, the City Council has reviewed the Report and
calculated the housing subsidy amounts based on the affordable
housing needs for each of five land uses;
WHEREAS, the housing subsidy amounts may be approximate; and
WHEREAS, the affordable housing unit requirement provides the
formula for determining the number of units to be provided, the
cost and beneficiaries thereof, the relationship between this
requirement and the various types of new and expanded developments,
and the time for provision of said units.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Alameda that in accordance with Title XX of the Alameda Municipal
Code and with the above statements the requirements below are
hereby adopted for the Affordable Housing Unit /Fee Requirements for
commercial or industrial development.
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Affordable Housing Unit/Fee Requirements
The affordable housing unit requirements and fee requirements
are based on the estimated housing affordability constraints that
low- and moderate-income employees experience when trying to find
housing. Unit requirements are based on the estimated housing need
for low- and moderate-income households created by new employment
opportunities. Fee requirements are based on the estimated
affordability gap between low- and moderate-income employees'
income and cost of housing.
Definitions: For the purposes of this Resolution, the following
definitions shall apply:
A. "Addition" is adding gross square feet to an existing non-
residential development project subject to this section.
B. "Affordable Housing Unit" is a new or rehabilitated dwelling
unit of any tenure type the total cost of monthly payments for
which does not exceed thirty percent of household income.
C. "City Manager" is the City Manager or his/her designee.
D. "Commercial or Industrial Development" is defined as any
commercial or industrial use set forth, and includes any other
use that is determined by the City Manager to impact housing
demand.
E. "Construction" is a new Commercial or Industrial development
project subject to this section.
F. "Gross square feet" is the area included within the
surrounding walls of the Commercial or Industrial development
project as determined by the City Manager. This area does not
include garages or carports.
G. "Interior remodel" is a tenant improvement which results in
a change in the type of use of the commercial or industrial
development project that increases the employee density of the
project as determined by the City Manager.
H. "Low- and Moderate-Income" means a household with total annual
income at or below 80% of the median income, adjusted for
family size, and in accordance with the Section 8 Income
Limits as published annually by the Department of Housing and
Urban Development for the SF-Oakland MSA.
General Application
The requirements of this resolution apply to new construction,
construction of additional square footage to existing buildings,
interior remodels, and changes in use that do not require interior
remodels and that increase the employee density of the project as
determined by the City Manager.
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Affordable Unit Requirements
Construction of Affordable Housing Units: Except as otherwise
provided in this Resolution, a developer of a commercial or
industrial development shall construct affordable housing units.
Such units shall be constructed and complete prior to any final
inspection for the commercial or industrial development (or within
10 (ten) days of occupancy if no final inspection is required)
unless the applicant deposits funds sufficient to cover the
completion of the affordable housing units within one year from the
date of final inspection are deposited in an escrow satisfactory
to the City Attorney.
Calculation of the Number of Affordable Housing Units: The number
of affordable housing units to be provided shall be calculated as
follows:
(Gross square feet of new or remodeled commercial or
industrial space) x (the applicable unit rate for the type of
use as listed in Appendix A to this Resolution) = Affordable
Housing Units.
Any fractional units shall be considered a whole unit and shall be
built as a unit.
Use/Control of Affordable Housing Units: A developer who chooses
to comply with the requirements of Title XX of the Alameda
Municipal Code by providing affordable housing units shall make
provisions to ensure that the housing units provided are used to
provide housing for low- and moderate-income households for a
period of fifty-nine (59) years. A developer shall also provide
a method for insuring the units are occupied by low- and moderate-
income households for a period of fifty-nine (59) years. Occupancy
standards for units shall be detailed and compatible with the
standards of the Housing Authority of the City of Alameda.
Approval of Proposal by City Manager: A developer who chooses to
provide affordable housing units shall submit to the City Manager
sufficient information to enable the City Manager to determine that
the developer will construct or cause to be constructed the
required number of affordable housing units within the required
time.
When the developer intends to construct housing units through
participation in a joint venture, partnership, or similar
arrangement the developer must certify to the City Manager that the
developer has made a binding commitment, enforceable by the
developer's joint venturers or partners, to contribute an amount
to the joint venture or partnership equivalent to or greater than
the amount necessary to construct the affordable housing
requirements and that such joint venture or partnership shall use
such funds to develop the affordable housing.
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ine Liu)/ mandyel mdy yuluelines LUE Lne aamlnistration of
this requirement. If the City Manager approves the proposals, he
or she shall issue a certificate so indicating. This certificate
shall be recorded and indicate that compliance with Title XX of the
Alameda Municipal Code is an obligation of the owner of the
commercial or industrial property.
Housing Fee Requirement
Payment of In-Lieu Fee: As an alternative to providing affordable
Housing Units, an Affordable Housing Fee shall be paid on or before
the final inspection date of any commercial or industrial
development project or within 10 (ten) days of occupancy if no
final inspection is required. No final inspection shall occur
unless said Fee has been paid to the City into the separate and
special account established for Affordable Housing Fees.
Calculation of In-Lieu Fee: The amount of the Affordable Housing
Fee due for a commercial or industrial development shall be
calculated as follows:
(Gross square feet of new or remodeled commercial or
industrial space) x (the applicable fee rate for the type of
use as listed in Appendix A to this Resolution) = Affordable
Housing Fee.
The fees for an interior remodel shall be the fees for the new use
at the rate listed in Appendix A, less any fees that were either
paid or would have been paid based on the original use of the
building.
Use and Disbursement of Monies in the Fund: Monies in the
Affordable Housing Fund shall be used in accordance with and in
support of activities to implement the City's adopted Housing
Element, Housing Assistance Plan and Statement of Community
Development Objectives. Activities may include, but are not
limited to land acquisition, construction, rehabilitation,
subsidization, counselling or assistance to other governmental
entities, private organizations or individuals to expand affordable
housing opportunities to low- and moderate-income households.
Monies in the Affordable Housing Fund may be disbursed,
hypothecated, collateralized, or otherwise employed for these
purposes from time to time as the City Manager so determines is
appropriate to accomplish the purposes of the Affordable Housing
Fund. These uses include, but are not limited to, assistance to
housing development corporations, equity participation loans,
grants, pre-development loan funds, participation leases, loans to
develop affordable housing or other public/private partnership
arrangements. The Affordable Housing Funds may be extended for the
benefit of both rental or owner occupied housing.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council of the
City of Alameda that this resolution shall be effective when the
proposed ordinance entitled: AMENDING THE ALAMEDA MUNICIPAL CODE
BY AMENDING TITLE XX THERETO PERTAINING TO AFFORDABLE HOUSING
REQUIREMENTS FOR NEW AND EXPANDED DEVELOPMENT AND THE PROCEDURES
THEREFOR is effective.
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Appendix A
Affordable Housing Unit Rate
Land Use Units per 100,000 Square Feet
Retail 9
Office 20
Warehouse 4
Manufacturing 4
Hotel /Motel 5 per 100 rooms /suites
Affordable Housing In -Lieu Fee Rate
Land Use S per Square Foot
Retail 1.50
Office 3.00
Warehouse 0.50
Manufacturing 0.50
Hotel /Motel 770.00 per room /suite
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I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 5th day of -
December , 1989, by the following vote to wit:
AYES : Councilmernbers Arnerich, Camici.a, Withrow and President Corica - 4.
NOES : Counci` member Thomas - 1,
ABSENT: None,.
ABSTENTIONS : None,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 6th day of December , 1989.
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