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Resolution 13336CITY OF ALAMEDA RESOLUTION NO.13336 ESTABLISHING THE AFFORDABLE HOUSING UNIT AND FEE REQUIREMENTS FOR ARTICLE 27 -1 OF THE ALAMEDA MUNICIPAL CODE AND REPEALING RESOLUTIONS NO. 11899 AND 12075 WHEREAS, the City Council of the City of Alameda commissioned a report in November of 1989 entitled "Affordable Housing Requirements and In -Lieu Fee Methodology Report" prepared by Economic and Planning Systems Inc. (the "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 non - residential 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; and WHEREAS, the Report examined the relationship between the numbers of additional low and moderate - income employees associated with non - residential 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; and 0 0 WHEREAS, the City Council has reviewed that 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; and 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; and 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; and WHEREAS, the City Council has determined that the in -lieu fee rates established in Resolution 11899, adopted December 5, 1989, should be adjusted by fifteen (15) percent to account for the effects of inflation between 1990 and the present, and that such an adjustment does not require the commission of a new nexus study; and C: \WPDOCS \DATA\AHUFRES2. WPD 1 WHEREAS, Resolution No. 12075, adopted March 7, 1991, amended the time for compliance with the Affordable Housing Unit Fee Requirements; and WHEREAS, Resolutions No. 11899 and 12075 are repealed and replaced by this resolution; and WHEREAS, adoption of this resolution will establish the Affordable Housing Unit and Fee Requirements in accordance with Article 27 -1 of the Alameda Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that in accordance with Article 27 -1 of the Alameda Municipal Code and based upon recitals above: 1) The Affordable Housing Unit/Fee requirements are hereby adopted and shall be complied with prior to the issuance of a building permit or a Use Permit if no building permit is required. 2) The rate of required affordable housing units for each non - residential land use category shall be: Affordable Housing Unit Rate Land Use Units per 100,000 Square Feet of Non - residential Space Retail 9 units Office 20 units Warehouse 4 units Manufacturing 4 units Hotel /Motel 5 units per 100 rooms /suites 3) The corresponding in lieu fee for each non - residential land use category shall be: Affordable Housing In -Lieu Fee Rate Land Use $ per Square Foot of Non - residential Space Retail 1.75 Office 3.45 Warehouse 0.60 Manufacturing 0.60 Hotel/Motel 885.00 per room/suite C: \WPDOCS\DATA\AHUFRES2. WPD 2 4) The amounts set in this resolution for the Affordable Housing In -Lieu Fee rates shall be adjusted annually to reflect the percentage change in the cost of construction as reported in the Engineering News Record - Construction Price Index for the San Francisco Bay Area. 5) The specific land uses identified under the five categories set forth above, Retail, Office, Warehouse, Manufacturing and Hotel/Motel shall be consistent with the table attached as Appendix A. 6) Revenues from the payment of Affordable Housing Unit In Lieu Fees shall be deposited into a segregated interest bearing account and shall be used only for the purposes set forth in Alameda Municipal Code Section 27 -1.8 BE IT FURTHER RESOLVED that Resolutions No. 11899 and 12075 are hereby repealed. BE IT FURTHER RESOLVED that this Resolution shall not become effective until the effective date of the adoption of the required implementing Ordinance. C: \WPDOCS\DATA\AHUFRES2. WPD 3 Appendix A Land Use Categories Affordable Housing Unit /Fee Ordinance Categories: Rate Applicable Uses Non - Commercial/ • Publicly owned building used for a public purpose Non - Industrial: • Dwelling unit (per AMC 30 -51.1) Exempt • Residential care facility for no more than 6 persons • Family day care facility for no more than 12 children • Bed and breakfast • Home occupation in residences with home occupation permit • Certain accessory uses to the above (e.g., property management office in a residential complex) Office $3.45 /square foot or 20 units /100,000 square feet • Office, including medical, professional, semi - professional, administrative, research and development, social service, non - profit, organization/association, church office Retail • Establishment for the display and /or sale of merchandise $1.75 /square foot or 9 units /100,000 square or services (e.g., showroom, shop, restaurant, salon, bank, travel office, dry cleaner, repair shop, service feet station, theater, banquet hall, for -rent conference facility, commercial marina, commercial parking garage, school, museum, place of worship) • Residential care facility (care for elderly, health -care center, nursing home) for more than six persons • Any child care center; any family day care home for more than 12 Warehouse • Warehouse, storage space S0.60 /square foot or 4 units /100,000 square feet Appendix A Land Use Categories Affordable Housing Unit /Fee Ordinance Categories: Rate Manufacturing $0.60 /square foot or 4 units /100,000 square feet Applicable Uses Factory, fabricationlproduction area Hotel/Motel Any facility paying the transient occupancy tax $885 /room or suite or 5 units/ 100 rooms or suites 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 a regular meeting assembled on the 15th day of May, 2001, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson and Mayor Appezzato - 4. NOES: Councilmember Kerr - 1. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 16th day of May, 2001. Dine Felsch, City Clerk City, of Alameda