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Chambers
September
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2021
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Background
• June 22 and July 13, 2021 Study Sessions
o Brief overview of inclusionary housing
o Consensus to study program in more detail
0 15% minimum accepted for discussion
• Draft Housing Element Policy Action 1K
o Interim policy within 6 months of HE adoption
o Base inclusionary requirement of 15%
o Study and adopt ordinance within 36 months
Our Goal: for Today
1. Provide a refresher on inclusionary housing
2. Share the basic structure of an inclusionary housing
ordinance
3. Pose questions to Council for feedback
4. Outline a possible inclusionary ordinance
5. Get feedback on whether to move forward with an
ordinance or wait
What is "inclusionary" housing?
C9<I FOIFL
A local ordinance that requires apre-determined
share of new housing projects be affordable to
persons of low-, very -low- lower and/or moderate
incomes
Inclusionary Housing Programs help to
provide affordable housing in higher -
cost markets
Basic Ordinance Structs
v1 Applicability
o What projects are affected
✓ Set Aside Requirements
o Minimum percentage of affordable units
✓ Income Targeting
o Determines the mix of affordability (i.e., very low,
low or moderate income)
✓ Alternatives and Incentives
o Outlines alternative means of compliance and
incentives to provide affordable units on-site
Southern California Examples
Irvine
All
units
15% (20%)
Y
5% very low / 5% low / 5% Moderate
Huntington
3+
units
10%
Y
Rental units: low income / For Sale: moderate
Beach
income
San
6+
units
c
15 /o
Y
Rental: 7.5% very low / 7.5% low
Clemente
For Sale: 3% very low / 4% low / 8% moderate
Carlsbad
7+
units
15%
Y
Units not to exceed 80% of MFI for County
Encinitas
7+
units
10-15%
Y
Rental: 15% if low, 10% very low
Owner: 15% if low, 10% very low
Y
Rental: 20% very low, low or moderate
Pasadena
All
units
20%
Owner: 5% very low, 5% very low or low, 10%
very low, low or moderate
Solana
5+
units
c
15/
Y
Rental: 15% very low and/or low
Beach
Owner: 15%
Beverly
10+
10%
Y
10% very low, low or moderate
Hills
Encinitas
Applicability
of Affordable
Income Distribution
In -Lieu Option
Other Notes
7 or mor(
10-15
15% if low-income
10% if very -low-income
Yes
Currently studying to update
Example: Beverly H
Componen
Applicability
10 or more units
of Affordable 10%
10% very -low-, low-, or moderate -
Income Distribution .
incomes
In -Lieu Option Yes
Other Notes Recently adopted December 2019
Our Previous Ordind,
Applicability
All for -sale projects
of Affordable 15%
15% very -low, low-, or moderate -
Income Distribution .
incomes
In -Lieu Option Yes
Other Notes Repealed in 2013
Preview of Question
1. When should the requirements apply?
2. What is the minimum % of units to set aside
as affordable?
3. How should the minimum % be distributed
across income levels?
4. What alternatives and incentives do we want
to offer?
Question 1
When should the requirements apply?
• Can establish aproject-size threshold for
when inclusionary applies
• For Example:
o All residential projects regardless of size
o All residential projects with more than
# units
Question 2
What is the minimum % of units to set
aside as affordable?
• Some jurisdictions have between 10% and 20%
■ Anaheim is going to focus on a fee
• Higher = more affordable units, but may impact
financial feasibility
• lower = less affordable units, but may be easier
to develop
HCD takes neutral stance
Question 3
How should the minimum % be
distributed across income levels?
• Can encourage development of units for certain
income level(s)
• For Example:
0 10% requirement when units are affordable to
very -low-income households
0 15% requirement when units are affordable to
low- or moderate -income households
Question 4
What alternatives and incentives do
we want to offer?
• Can choose when alternatives are allowed
• Can consider alternative compliance options:
✓ In -lieu affordable housing fees
✓ Off-site construction or conversions
✓ land dedication elsewhere
✓ Others?
• Can offer incentives for on-site construction
State Density Bonus Law
✓ Allowed regardless of
local ordinance
✓ Incentive to develop
affordable housing on-
site with project
✓ Legislative updates in
2021 now allow up to
50% (previously 35%)
✓ Not applicable when
in -lieu fee option
taken
6
7
8
9
10
11
12
13
14
15
22.5
25
27.5
30
32.5
35
38.75
42.5
46.25
50
11
21.5
11
6
12
23
12
7
13
24.5
13
8
14
26
14
9
15
27.5
15
10
16
29
16
11
17
30.5
17
12
18
13
18
32
19
14
19
33.5
20
15
20
35
21
16
21
38.75
22
17
22
42.5
23
18
23
46.25
24
19
24
50
Important Consideration
Minimum % of affordable units (i.e., inclusionary
amount) is crucial
High (>_20%)
• More units
• Less feasible
• Constraint
Low (< 20%)
• Less units
• More feasible
• Not a constraint
• Bigger buffer
necessary
Possible Paths Forward
1. Would the City Council like to focus on developing an ordinance?
• Residential projects with 7 or more units
• Minimum inclusion of 10 % for very/low/moderate income units
• Allow alternatives:
■ off-site construction of affordable units
■ conversion of existing units
■ dedication of land
■ in -lieu fees (currently being studied)
2. Or would the City Council prefer to wait for:
• HCD comments
• In -lieu fee analysis
� fl-1FoR�
Inclusionary Ordinance Overview
and Considerations
CITY COUNCIL STUDY SESSION
MATOIT"d Am—
b
Thank you.
IV.
Questions?
i
Seimone Jurjis
Community Development Director
=�Jim Campbell
.. Deputy Community Development Director
Imo._ ._ '• - -; -'.
f k
Ben Zdeba
Senior Planner
GPUpdate@newportbeachca.gov t
Possible Ordinance Summary
o Residential projects with 7 or more units
o Minimum inclusion:
■ 10% when very -low-income units
■ 15% when low- and moderate -income units
o Allow alternatives:
■ off-site construction of affordable units
■ conversion of existing units
■ dedication of land
■ in -lieu fees (currently being studied)
o No added local incentives for on-site construction
Possible Ordinance
1. When should the requirements apply?
All residential projects with 7 or more units
2. What is the minimum % of units to set aside as
affordable?
10% to 15% depending on affordability
16
F_M
Note: If minimum is set too low (e.g... 5%), then the RHNA
buffer is likely to be quickly depleted resulting in the
need to rezone
Possible Ordinance (cont. °'
F_M
3. How should the minimum % be distributed across
income levels?
10%
if
affordable
to very -low-income households
15%
if
affordable
to
low- or moderate
-income
households
4. What alternatives and incentives do we want to offer?
Off-site construction
Preservation/conversion of existing units
Dedication of land
In -lieu affordable housing fees (currently being studied)
No incentives beyond State density bonus/funding
10
20
11
21.5
12
23
13
24.5
14
26
15
27.5
16
29
17
30.5
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21
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24
50
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