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Reso 2631 RESOLUTION NO. 2631 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THAT THE BELOW-MARKET RATE HOUSING PROGRAM PROCEDURAL MANUAL BE REVISED TO PERMIT THE PAYM ENT OF A FEE IN LIEU OF PROVIDING UNITS PRICED AT BELOW-MARKET RATES, SUBJECT TO THE POLICIES OUTLINED IN EXHIBIT A. • • PASSED AND ADOPTED this 29th day of April , 1985, at a regular meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: Commissioners Adams, Mackenzie, Sorensen, Szabo, Chairman Claudy NAYS: None ABSTAIN: None • ABSENT: None . ATTEST: APPROVED: /s/James h. Sisk /s/John Claudy James H. Sisk John Claudy, Chairman Planning Director Planning Commission • RESIDENTIAL DEVELOPERS 66 EXHIBITA" IN-LIEU FEE POLICY A. Purgose 1. The Below Market Rate (BMR) Program is currently inflexible. Permitting the payment of an in-lieu fee will provide an alternative to contributing a BMR unit, thereby making the Program more flexible. 2. Some developments are inappropriate for inclusion in the BMR Program. An in-lieu fee will enable the City to create affordable housing opportunities in developments better suited for the provision of affordable housing. B. Policies 1. A developer may be permitted to pay a fee in lieu of providing a BMR unit in the following circumstances: - Where provision of a unit may result in practical difficulties or unnecessary hardships not commonly experienced by residential developers in the City, or; • - Where provision of a unit would be inconsistent with the purpose of the BMR Program. • It shall be deemed a hardship if all construction costs, excluding profit and land costs, significantly exceed $70 per sq. ft. for a BMR unit.* It shall also be deemed a hardship if the size of a BMR unit would significantly exceed the following: No. of Bedrooms Maximum Footage Studio 650 sq. ft. 1 Bedroom 950 sq. ft. 2 Bedroom 1250 sq. ft. 3 Bedroom 1350 sq. ft. 2. All requests to pay a fee in lieu of providing a BMR unit will be reviewed by the BMR Committee and shall be subject to City Council approval . The BMR Committee and City Council will not be required to hold public hearings to consider such requests. However, prior to approval of any request, the City Council must find that payment of an in-lieu fee will not significantly reduce the long-term supply of affordable housing in the City. •* This figure shall be adjusted quarterly at a rate equal to that in the Bank of America's Single-Family Residential Cost Study, beginning with the study dated January 1985. -1- 3. The in-lieu fee shall be based on the following formula: {At/B1!)x(1/14)x{Total of sale prices far all unitsiii - total construction costs for projectin 11110 portion of the fee shall be paid as each unit in the project is sold. The minimum payment per unit shall equal the total fee divided by the number of non-BMR units in the project. 4. Construction costs may include all costs, except profit, which can reasonably be projected at the time of final inspection. Generally, the total of "hard" costs, financing and on/off site improvements, specifically. excluding land costs, shall be assumed to be equal to or less than $70 per sq. ft. , as adjusted per Policy Bi. A developer will be required to substantiate any costs exceeding this amount. Land costs shall be excluded from construction costs where a - 20% density bonus was granted. Otherwise, land costs may be included proportional to the density bonus received. For example, given that 20% is the maximum density bonus permitted, if only a 57. density bonus was granted, then three-fourths of the land costs may be considered construction costs. 5. The fees collected shall be placed in the General Fund and shall be used to promote and subsidize affordable • ownership housing. • i . A = Number of BMR units waived. ii . B = Number of BMR units originally required. iii . Base on the appraised value of each unit. iv. Base on the definition of construction costs in Policy 4. • -2-