HomeMy WebLinkAboutStaff Report 7.A 01/28/2008Crump, Katie
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Petaluma FOR
-3 dean.doc (1.
January 24, 2007
To: Mike Bierman
City Manager
City of Petaluma
martin bennett [mbennett@vom.com]
Thursday, January 24, 2008 2:27 PM
Bierman, Mike
Crump, Katie
proposed Fiscal and Community Impact Report
From: Marty Bennett, Co -Chair, Living Wage Coalition
and on behalf of the Petaluma Community Coalition
TA
January 28, 2008
Find attached a copy of our proposed Fiscal and Community Impact Report ordinance for proposed
large-scale residential and retail development in the City of Petaluma. The proposed ordinance is
very similar to the language submitted to the City Council in May 2007 by the Living Wage Coalition
and numerous other labor, community, housing, and environmental organizations for consideration
as part of the General Plan revision process.
We look forward to the initial council discussion about the proposed ordinance on Monday,
December 28th at 7 pm. We have retained a land -use planning consultant, Scott Stegeman, who
has reviewed the document; he will present and answer questions from the council and city staff on
Monday evening. Also, Ken Jacobs, Chair and Labor Specialist at the UC Berkeley Center for Labor
Research and Education and myself will present, and participate in a dialogue with the council.
We have not identified where the proposed legislation would be included in the municipal code and
we will leave that to city staff, once council direction is provided.
Please do not hesitate to contact me if you have any questions at 939-8933.
Dept. of Social Science
Santa Rosa Junior College
1501 Mendocino Ave.
Santa Rosa, Ca.
95401
(707) 527-4873 Office
(707) 522-2755 Fax
(707) 939-8933 Home Office
Preface: Proposed Fiscal and Community Impact Report Ordinance for the City of
Petaluma
This ordinance enacts a Fiscal and Community Report (FCIR) to supplement existing
municipal project application review criteria with a comprehensive impact study
specifically related to the impact of large-scale residential and retail development.
The ordinance requires an applicant seeking a permit to build a large-scale retail
development that is larger than 25,000 square feet or a discretionary residential
development of more than 100 units to pay for a comprehensive impact study, a public
hearing and related municipal staff support in order to estimate the positive and negative
fiscal, economic, and environmental effects of the project on the local area prior to permit
approval.
The study must be presented at a public hearing before the Planning Commission. hi
addition the study must be presented at a public hearing of the Site Plan and Architectural
Review Committee (SPARC) held simultaneously with its review of the permit
application. In order for the Planning Commission to recommend approval for the
application, the Planning Commission must consider, based on the comprehensive impact
study, other materials and a public hearing, that the project will have a net positive
impact on Petaluma's economy, existing businesses, local work force, and city finances.
In addition, in order for the Site Plan and Architectural Review Committee to approve a
large-scale retail or residential project, the Site Plan and Architectural Review Committee
must consider, based on the comprehensive impact study, other materials and a public
hearing, that the project will have a net positive impact on Petaluma's economy, existing
businesses, local work force, and city finances.
Fiscal and Community Impact Report (FOR)
At a minimum, a Fiscal and Community Input Report is:
1) A fiscal assessment, which analyzes the costs and benefits to the public agencies
responsible for the project and will answer, questions such as:
o To what extent does a project contribute to the local tax base?
o Does the project add to the tax base or move parts of the tax base from one site to
another?
o What are the public costs of subsidies or infrastructure required for completion of
the project?
o Wliat are the initial and ongoing public costs for police, fire, emergency services,
roads, parks, environmental mitigations and other city services for the project?
2) An employment or job quality assessment that evaluates the number of jobs, types of
jobs and will answer such questions as:
o What are the wages and benefits of new jobs created at a project?
o Are these jobs part-time or full-time?
o Permanent or contingent jobs?
3) An affordable housing assessment, which will examine the affordability of housing,
created or lost due to a project and the demand for new housing generated by the creation
of new jobs, which will answer questions such as:
o Does the project increase the need for additional housing in the region?
o Is the need for market rate or affordable housing?
o If affordable housing, how much at each level of affordability?
4) A neighborhood needs assessment that will determine the type of retail needs in a
given community and the types of human services a community requires if new
employment is created such as child care, parks, or libraries.
5) A Smart Growth and livability assessment, which will examine how a project impacts
the character of growth and answers questions such as:
o How does the project impact density and infill development?
o Accessibility to mass transit and the proximity to workforce and affordable
housing?
o Maintenance of urban growth boundaries and or city -centered development?
Model Form for FOR
1. Goals of the Fiscal and Community Impacts Report (FCIR)
1.1 Access to information: Provide access to information about the project in a single
docmnent. It should be in a format that is easily understandable.
1.2 Co-operative dialogue and civic engagement: Create an opportunity for the
community to review and comment on the impacts in a non -litigious forum
1.3 Objective decision-making: Provide the staff and public agency officials with a
systematic report that helps them in making decisions to promote the objectives of
the Petaluma General Plan. Contextual information about the baseline conditions
in the community tests the seriousness or frivolousness of a cited problem.
1.4 Risk -mitigation: Provide information on potentially controversial projects much
ahead in the process to promote certainty against last-minute ill-informed
opposition. This will help both applicants/developers and the City by anticipating
potential pitfalls before substantial investment is made into the project.
2. Proposed Projects that will require a FCIR
2.1 All discretionary commercial or industrial development that will include 25,000
square foot of total floor area or more.
2.2 All Disposition and Development Agreements, Owner Participation Agreements
and similar agreements with the City of Petaluma or Redevelopment Agency of
the City of Petaluma.
2.2.1 All projects that require a General Plan Amendment or Rezoning to eliminate
housing.
2.3 All discretionary residential development projects that include more than 100
units.
3. Procedures for the FCIR
3.1 Initial detennhiation —If the development application requires a FCIR under
Section 2, then the application instructions, pre -application meetings and other
information meetings shall make it clear to the applicant/developer that a FCIR is
required.
3.2 Preparation of the FCIR — The City staff is responsible for accepting, reviewing
and distributing the FCIR. A consultant selected by City staff, and paid for by the
project proponent shall prepare the FCIR. The staff has the discretion to correct
any inaccuracies in the FCIR, based on reasonable evidence in the public record.
Upon a determination by the City that an application is complete, the City will
prepare a scope of work for preparation of the FCIR, and either prepare the FCIR
or contract for such services. The FCIR should be prepared concurrent with any
Project CEQA documentation. The FCIR should be released for public review
concurrent with the release and public notice for the associated CEQA
documentation, and at least 30 days prior to any approval on the project.
3.3 Publication and availability: The FCIR shall be made available upon public
request along with other public documents related to the project and shall be
accessible to the public. The staff shall make a best faith effort to notice the
availability of the FCIR in public notices under current processes, for the project.
3.4 Subsequew Determination and Update of FCIR — If there are minor changes in
information about the project impacts, the City staff shall make a good faith effort
to update the FCIR before any project approval. However, if the staff determines
major changes in the project proposal including substantial changes in the land -
use and scale of the project, then the FCIR will need to be updated.
4. Content of the FCIR
The FCIR shall consist of seven sections outlined in the attached FCIR questionnaire.
The seven sections are:
(1) Project and Community Overview;
(2) Economic Benefits;
(3) Fiscal Benefits;
(4) Employment Benefits;
(5) Housing Benefits;
(6) Community Services Benefits;
(7) Smart Growth and Environmental Health Benefits.
In addition, there are three attachments:
Attachment 1. Community Overview
Attachment 2. Questionnaire for Applicants/Developers, Prospective Tenants, and
Service Contractors
Attachment 3. Smart growth questionnaire
4.1 PROJECT AND COMMUNITY OVERVIEW
4.1.1. Description of the project. The description shall include the following
information:
(a) Current uses and land -ownership
(b) Proposed uses and land -ownership
(c) Details of proposed uses by size (square foot) tenancy, lease or sub -lease
(d) Details of users, operators and tenants (if known)
(e) Process for approval and permits needed
(f) Size of the project, including number of residential units
(g) Project Contacts (including project manager)
(h) Details on the following:
General or Community Plan Area
Current Zoning Designation
Redevelopment Plan Area
Any Special District or Overlay Zone
Any Special Policies or other requirements
4.1.2. Community Overview: Attach relevant baseline data.
4.2 ECONOMIC BENEFITS
If the applicant/developer has done a market study, please attach it.
4.2.1 For Projects that Contain a Retail Component.
If the type of retail store has been identified (i.e. supermarket, department store,
drug store), the FCIR shall include a list of names and addresses of stores of that
type that are located within the greater of the following: 1) a two-mile of the
Proposed Project, or b) within the Market Area established by any Market
Analysis submitted by the applicant. For region -serving retailers, the FCIR shall
include a list of retailers of that type that are located within a fifteen- mile radius
of the project. This study shall include these stores in the analysis of all impacts.
For Projects involving either a General Plan Amendment or Rezone, the study
shall also identify any existing vacant buildings and any vacant land within the
specified market area that could serve a comparable use to that proposed.
4.3 FISCAL BENEFITS
4.3.1. Has the project proposed oris it otherwise reliant upon public financing assistance
from the City?
If so, provide the terms of any public grants and loans the applicant/developer has
applied for or any public financing that has been approved, including the
projected interest rate, the term of the loan, the method of repayment, the method
of guaranteeing the loan, and the timetable for remaining approvals needed.
4.3.2. What is the net fiscal return of the project at the end of twenty years?
(Itemize those items that benefits or cost the City. Those items that do not impact
the city should be kept blank).
BEINEIVITS TO CITY
Sales Tax
Use Tax
Base Property Tax
Tax Increment (for redevelopment)
Developer Proceeds
Development Impact Fees/Facilities
Benefits Assessments
Public improvements on public
property (paid by developer)
COSTS TO CITY
Sales tax rebate/refund
Use tax rebate/refund
Land -write-down
Public Safety (Police and Fire)
Support Services
(incl. staffing, legislative services)
Other Public Services
(incl. traffic & libraries)
Public Improvements specifically for
project (paid by the City), including
roads, parks & environmental
mitigations
Costs of health care and all manner of
health care related services and
facilities
New infrastructure not fully paid for by
the project applicant.
Based on the list are competing
businesses generating new sales tax or
how much of sales shift is derived
from cannibalizing existing businesses
within the City/within the region?
Related to this, what are the direct and
indirect losses of business tax, sales
tax, property tax and loss of
employment? "Direct" means directly
related to an impacted business, and
"indirect" means the collateral loss of
support businesses and services.
Other development fees (incl Park
fees)
Transient Occupancy Tax (TOT)
User fees
Owner participation revenues
Other revenues (Please specify
What is the change in reinvestment of
wealth locally? (e.g. national and
regional chains owned by out of town
corporation's siphon locally gained
revenues to out of town headquarter
banks and investments houses).
Water -sewer fee reductions
Interest on loans (to developer etc)
Below market ]eases
Park `n Ride lease
Owner participation payments
Site preparation, remediation and
cleanup costs
Other City assistance (Please specify
TOTAL BENEFITS TOTAL COSTS
4.3.3. Has the project proposed or is it otherwise reliant upon additional public
assistance from other local jurisdictions, state or federal government directly or
indirectly through infrastructure funding?
Quantify the value to the developer of the government assistance to the
project.
4.4 EMPLOYMENT BENEFITS
4.4.1. Construction Jobs
a. Number of Jobs- Estimate of the total number of construction man-hours
expected at the proposed project.
b. Prevailing Wages- Indicate whether federal, state, or local law or policy
will require payment of prevailing wages for construction employment at
the proposed project. If prevailing wages will not be required, estimate
the, projected wages and benefits for the construction jobs at the proposed
prject.
4.4.2. Permanent Jobs
a. Specify the number of workers who will be employed in proposed project
by occupation for each tenant and/or anticipated use.
Applicant/Developer should fill out the employment questionnaire in
attachment 2, describing employee compensation and benefit information
for the whole project.
b. All permanent employers and prospective tenants, if known, should also
fill out the questionnaire for employment in their respective
establishments.
4.5 HOUSING BENEFITS
Housing Creation and Rehabilitation
4.5.1. What are the characteristics of the housing units being created?
a. The number of units to be created, the size of the units in number of bedrooms
and square foot area, and the affordability levels of those units by size;
# of # of # of # of Rent/Price Affordability Affordability
detached apartme condos attached Distribution level (income Restriction
single- nts homes range) (if any)
family
units
b. The terms of any affordability restrictions; payment of in lieu fees
(inclusionary housing).
c. The relationship to the units being proposed and the current ABAG assignment
of regional housing needs for the City.
Housing Displaced
(Fill this section only if there are housing units that will be demolished.)
4.5.2. What is the profile of housing being demolished?
HIM
a. Fill out the following table that gives the distribution of the units.
# of # of # of # of Rent/Price Affordability Affordability
detached apartme condos attached Distribution level (income Restriction
single- nts homes range) (if any)
family
units
7
I BR
2 BR
3 BR
3 BR+
b. Specify the nature of the affordability restrictions. Also, mention whether the
owner accepts Section 8 subsidies, or if the project has publicly subsidized
housing.
Financial Impact on Affordable Housing Funds
4.5.3. What is the contribution of the project to pubic affordable housing funds?
a. Calculate the present value of the projected tax increment from the
development project dedicated to affordable housing (for redevelopment
projects).
b. Describe any contributions to affordable housing that the
applicant/developer will make (such as Housing Impact Fees).
C. Enumerate housing -related public funds the project will be given either
loaned or granted. Specify the sources, whether they are from the Low and
Moderate Income Housing Fund, or any other discretionary funding
source such as Housing Trust Fund, Housing Bond, and CDBG etc.
4.6 COMMUNITY SERVICES BENEFITS
4.6.1. Is the project providing any of these public facilities on-site?
a. Parks, playgrounds, open space
b. Schools
C. Child-care/day care centers
d. Medical clinics
e. Transit stops
f. Employment agency/job training center
g. Community center/youth center
4.6.3 Is the project located in a special Assessment District? Ora Mello Roos district?
4.7 SMART GROWTH & ENVIRONMENTAL HEALTH BENEFITS
4.7.1. The applicant/developer should fill out the Smart Growth questionnaire
(Attaclnnent 3).
4.7.2. List the permits that the project applicant/developer has applied for, or received
from the Bay Area Air Quality Management District (BAAQMD).
4.7.3. If the project will use diesel -powered equipment or diesel vehicles, list the diesel
equipment and estimate the number of diesel truck trips to and from the facility in
a week.
Attachment #2: Employment Questionnaire for Applicants/Developers Prospective
Tenants, and Service Contractors
Name of company
2. At the project site, how many employees will work there?
a. Part -Time (0 to 35 hours per week)
b. Full -Time (more than 35 hours per week)
3. What type of medical insurance do you offer your employees?
Individual health benefits only Full family health benefits
No medical benefits
Other (please explain below)
4. If you provide medical benefits, which employees may receive them?
All employees Management
Full-time Employees who work over 20 hrs/week
Other (please explain below)
5. What will be the cost to the employee for these health benefits?
Individual
Full Family
Employee contribution (monthly)
Co -Payment for doctor's visit
Deductible
7. What retirement benefits do you provide for your employees?
401(K) Employer contribution:
6. Hourly pay for employees at the project site:
a. $7.50 - $10.24
b. $10.25—$1124
C. $11.25 - $12.24
d. $12.25-$13.25
e.. $13.26 - $20.00
f More than $20.00
How many employees?
How many employees?
How many employees?
How many employees?
How many employees?
How many employees?
7. Describe any employee training programs, local hiring commitments or first -source
luring agreements for construction and permanent jobs in this project.
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Attachment #3 : Smart Growth Questionnaire
1. How is the project site accessible and visible to the public? Please describe.
Does the project site have existing transit service? Are there multi -modal
transportation options (transit, automobile, bicycle, pedestrian) to access the site?
Please describe.
3. Are there currently employment opportunities within 1/4 mile walking distance to the
proposed project site? Please describe.
4. Are there currently commercial opportunities in close proximity to the proposed
project site? Please describe.
5. Does the project site propose to clean up or reuse a Brownfield or Greyfield? Please
describe.
Are there currently cultural and entertainment activities in close proximity to the
proposed project site? Please describe.
7. Is there a school, library, park, or community center in close proximity to the proposed
site? Please describe.
8. Does the proposed location have adequate utility capacity for water, sewer, streets, and
electricity? Please describe.
To the extent that any the 8 items above are otherwise addressed in any associated CEQA
documentation, that information source maybe cited in lieu of replicating the information
here.
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