HomeMy WebLinkAboutStaff Report 4.B 08/06/2018DATE: August 6, 2018
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Sue Castellucci, Administrator
SUBJECT: Adoption of a Resolution Increasing Inclusionary Housing In -lieu Fees Payable
As Required by Program 4.3 in the City of Petaluma's General Plan 2025, 2015-
2023 Housing Element As Adopted by Resolution No. 2014-190 N.C.S. and
Replacing the Housing In -lieu Fees Set by Resolution No. 2003-241 N.C.S.; and
Adoption of a Resolution Increasing the Commercial Development Housing
Linkage Fees Pursuant to Petaluma Municipal Code Section 19.36.040(C) and
Replacing the Commercial Linkage Fees Set by Resolution No. 2011-071 N.C.S.
RECOMMENDATION
It is recommended that the City Council:
1) Adopt a Resolution Increasing Inclusionary Housing In -Lieu Fees Payable as Required
by Program 4.3 in the City of Petaluma's General Plan 2025, 2015-2023 Housing
Element As Adopted by Resolution No. 2014-190 N.C.S. and Replacing the Housing In -
lieu Fees Set by Resolution No. 2003-241 N.C.S.; and
2) Adopt a Resolution Increasing the Commercial Development Housing Linkage Fees
Pursuant to Petaluma Municipal Code Section 19.36.040(C) and Replacing the
Commercial Linkage Fees Set by Resolution No. 2011-071 N.C.S.
BACKGROUND
In 1985, the City of Petaluma formulated and enacted an inclusionary housing policy. The
policy, which is a program of the Housing Element, (a chapter of the City's General Plan), is
simple, flexible, and enforceable.
In addition, the Legislature, through the adoption of the Housing Element law (Gov. Code,
65580, et seq.), requires local governments to adequately plan to meet their existing and
projected housing needs, including their share of the Regional Housing Need Allocation.
(RHNA). The California State Department of Housing and Community Development (HCD) is
required to allocate each region's share of the statewide housing need to regional Councils of
Governments. In Petaluma's case, that is the Association of Bay Area Governments (ABAG).
ABAG has assigned the following RHNA to the City:
ReLFional Housing Need Allocation — 2015-2023 (as of 4/30/18)
Income Category
Housing Need
Permits issued
Very Low 0-50% of AMI
199
9
Low (51% - 80% of AMI
103
23
Moderate 81%-120% AMI)
121
24
Above Moderate (over 120% of
AMI
322
595
TOTAL UNITS
745
651
The City's current inclusionaiy housing policy, located in the 2015-2023 Housing Element,
requires developers of new residential developments to provide affordable housing, and offers
them options as to how they fulfill that requirement: 1) build on-site units or dedicate a portion
of the project site to the City for development of affordable units; 2) pay an in -lieu fee, or 3) use
alternative methods to meet the intent of the inclusionary requirement subject to approval by the
City Council, such as by seeking approval for providing a smaller percentage of on-site units or
for donating a separate parcel of land for development of affordable units.
In 2004, the City Council adopted an ordinance implementing a Commercial Linkage Fee for
nonresidential development within the City of Petaluma. The construction of nonresidential
development is a major factor in attracting new employees to Petaluma but places a strain on an
already impacted housing stock.
Housing affordability was part of the City Council goal discussion in February 2017. The
Council resolved to review housing -related fees to generate funding for affordable housing
projects, and adopted the priority, "Identify and implement programs to increase affordable
housing," in its 2017 and 2018 goals. A task included with this priority is "seek to provide
housing for all income levels."
In April, 2017, Economic & Planning Systems (EPS) was retained by the City to update the
City's inclusionary housing in -lieu fee for residential projects and the City's commercial linkage
fee. In addition, EPS was asked to prepare a nexus -based fee study for rental and ownership
housing.
EPS presented their draft nexus study to the Council at a workshop on September 25, 2017.
Council requested staff to gather more information to help clarify alternatives for consideration
and City Council direction.
On March 5, 2018, several policy options were presented for City Council consideration, which
included: 1) increasing the in -lieu fee; 2) increasing the Commercial Linkage fee; 3) establishing
a percentage requirement for on-site inclusionary housing; and 4) establishing a percentage for
the in -lieu fee inclusionary requirement. Council direction was to amend Petaluma's
inclusionary policy to strengthen the requirement for both residential homeownership and rental
developments to include 15% of affordable units onsite and to amend Program 4.3 of the 2015-
2023 Housing Element to reflect that change; increase the in -lieu fee to a 20% inclusionary
requirement; and increase the Housing Commercial Linkage Fee at the current rate of Sonoma
County's commercial linkage fee.
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On June 18, 2018, the City Council was scheduled to conduct a public hearing to consider the
amendments and the increases to the Housing fees but continued the item to July 2 for In -Lieu
and Commercial Linkage fee increases and continued its discussion of the inclusionary housing
policy to August 6, 2018.
At the July 2, 2018, City Council meeting, the City Council discussed the importance of building
affordable housing and how to get that done. Increasing the housing fees help generate the
amount of subsidy it takes to build affordable housing is one way to provide some units. Council
was also interested in the total impact fees a developer pays when they develop a project and
how an increase in our housing fees will affect that total as compared to the rest of the County.
Council members questioned the percentage increase of housing fees presented for approval
compared to those discussed in March of 2018. Council also discussed an effective date of the
fee increase, with a general consensus that the increase should go into effect on January 1, 2019.
The City Council decided not to move the proposed housing fee increase forward until after a
joint workshop with the Planning Commission.
At the July 9, 2018, joint workshop, Council wanted to revisit the EPS nexus studies, concerning
the percentage of increase in rent or sales price when the in -lieu fee is increased to the 20%
inclusionary requirement. Other topics of discussion were: an option to extend in -lieu fee
payments over time; how extending the effective date would affect pipeline projects, what
opportunities would be lost by an October 1, 2018 effective date, or a January 1, 2019 effective
date; and the definition of "deemed complete" in context of a developer's application and the
projects in the pipeline.
DISCUSSION
This section will address the changes that the Council requested be made to the Housing In -Lieu
Fee, and the Commercial Linkage Fee at the March 5, 2018, City Council meeting and the July 9
workshop.
In -lieu Fee Amendment
The current in -lieu fees collected by the City in accordance with Program 4.3 of the 2015-2023
Housing Element are inadequate to fund construction of sufficient numbers of affordable housing
units to meet the City's projected housing needs based on our RHNA numbers. At the March 8,
2018 meeting EPS presented several options for increasing the in -lieu fees. These options
included a fee at 15% 18% and 20% inclusionary requirement. In the Administrative Draft
Memo dated September 19, 2017, the EPS -calculated maximum in -lieu fee at a 15% inclusionary
requirement to be $7.59, which would be $15,200 for a 2,000 s.f. unit. Using the EPS -calculated
maximum fee and calculating it at a 18% inclusionary requirement, the fee would be $9.11 p.s.f.
which would be $18,220 per unit. A 20% inclusionary requirement for the fee translates to an
in -lieu fee of $10.12 which would be $20,240 per unit. Council directed that the in -lieu fee be
increased to a point where it will incentivize developers to provide on-site affordable units for
both homeownership and rental residential developments. After careful consideration, it was the
consensus of the Council to increase the in -lieu fee to the amount calculated at a 20%
inclusionary requirement - $10.12 p. s1
In the attached resolution (Attachment 2), in -lieu Fees are calculated using the 20% requirement
of $10.12 psf. The increase to the in -lieu fee averages approximately 140% more than
Petaluma's current in -lieu fee.
The in -lieu fee would also be used to calculate any fee balance owed equivalent to fractional
units that result from the 15% on-site calculation. The proposed increase will go into effect for
any residential project or mixed-use application with a residential component as of the date
agreed upon by City Council.
Percentage of increase in rent or sales price for the development
EPS's feasibility test findings show that Petaluma's existing affordable housing fees are
consistent with or slightly above median fees among surveyed jurisdictions and the In -Lieu fees
calculated by EPS appear to be feasible and within comparable range as shown in the table
below. At the 20% inclusionary requirement, the effect on home prices, assuming fixed land
costs and a fixed developer return threshold, is less than 2% which calculates to an added price
of $12,350 on a sales price of $650,000. Using the same 20% inclusionary requirement, on an
apartment renting for $2,450, the effect on the rent would be approximately $46.00 per month.
According to the April 2018 vacancy survey, rents increased approximately 6% from 4/1/17 to
4/1/18.
Comparison of total impact development fees with other jurisdictions
The City Council also asked staff to research other communities within Sonoma County and the
region to compare Petaluma's overall development impact fees to those charged in other
jurisdictions. As shown in the table provided as Attachment 4, Petaluma's impact fees are
currently close to the average of those surveyed. With the increase in the in -lieu fee proposed at
20%, the total development impact fees would be approximately $61,699 which would make
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Housing
Rental Hsg
For -Sale
In -Lieu Fee
In-Lieu)(Nexus)
(Nexus)
Petaluma — current Fee
$4.51
$4.78
$4.51
EPS -Calculated Maximum Fee
$10.12
$32.91
$26.00
Required % increase above current
Rent/Sales price
1.9%
5.7%
7.1%
High Fee from Comparable Areas
$17.62
$15.00
$17.61
Required % Increase above current
Rent/Sales Price
4.4%
2.1%
4.4%
Median Fee from comparable Areas
$5.47
$3.54.
$5.47
Required % Increase above ctrrent
Rent/Sales Price
0.3%
-0.2%
0.3%
Comparison of total impact development fees with other jurisdictions
The City Council also asked staff to research other communities within Sonoma County and the
region to compare Petaluma's overall development impact fees to those charged in other
jurisdictions. As shown in the table provided as Attachment 4, Petaluma's impact fees are
currently close to the average of those surveyed. With the increase in the in -lieu fee proposed at
20%, the total development impact fees would be approximately $61,699 which would make
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Petaluma's development impact fees among the higher in the area, just behind Cotati, but well
below the City of Novato.
Modifying payment of the In -Lieu Fee
Petaluma has on occasion made some allowances for when a developer may pay their in -lieu fees
in the past. In 2001, the developer of the Capri Creek Apartments requested a modified payment
schedule for economic reasons due to Mello Roos payments to Waugh School District. The
developer entered into an In -Lieu Housing Fee Agreement, which was recorded, where a portion
of the fee would be paid at Certificate of Occupancy with the balance to be paid either upon
resale, refinance or transfer of the property, but payment would be due the 13th year following
issuance of the first Certificate of Occupancy for the Capri Creek Apartments if no transfer
occurred. In -Lieu fee payments are not generally paid over time, but there have been isolated
cases such as the one with Capri Creek Apartments example, but those are the rare exception and
are not recommended. Delaying the payment of in -lieu fees could result in missed opportunities
in securing property and other funding that is needed to develop an affordable housing property.
Implementation Date of Fee Increase
On July 2, 2018, the City Council discussed the appropriate effective date of changes to both fees
and onsite inclusionary housing requirements. There was some concern among Councilmembers
about the impact of changing requirements or significantly changing fees for projects that had
been in the pipeline. There was also concern expressed that delaying the effective date could
impact fee collections, further exacerbating the City's difficulties in helping construct affordable
housing. A list of the major projects in the pipeline are included in Attachment 5.
Completeness determination has been offered as the preferred option for considering a specific
project grandfathered under existing inclusionary housing requirements. The determination of
completeness occurs at the staff level as part of the entitlement process when the applicant has
submitted all information necessary to fully review the project. An initial determination of
whether a project is complete is made within 30 days of application submittal and incorporates
input from all reviewing departments: Depending on an applicant's responsiveness to
constructive guidance, it is not uncommon for larger projects to go through several rounds of
completeness review before the determination of completeness is made.
Proposed changes to inclusionary housing policy and associated zoning regulations would
mandate inclusion of 15% affordable units for all residential projects. The Council has indicated
a desire to grandfather projects already deemed complete to allow those projects to continue to
pay the housing in -lieu fee given the investment of time and money thus far. Additionally, there
appears to be interest on the Council to also grandfather the existing housing in -lieu fees for
those developments. There are currently 4 residential projects in the pipeline that these changes
may influence. The table below shows those residential projects that have not been deemed
complete or approved along with an estimate of existing housing in -lieu fees and proposed in -
lieu fees for the Council's consideration.
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Note: To illustrate the increase in the in -lieu fee, the assumption used is all residential units
average 1, 500 sf whether rental or for -sale. .
Projects in
Petaluma's Current
Fee/s.f.
EPS Calculated maximum
Fee/s.f.
Sonoma County Current
Fee/s.f.
Deemed
Deemed
Amt of funds to
Pipeline
# of
Current In-
Proposed
Complete
Complete by
build affordable
$62.00
Units
lieu Fee
In -lieu Fee
by 10/l/18
1/1/19
units
(cost=376,000/unit
Bay West -
Street
145
$920,315
$2,201,100
No
Possible
$8,272,000
-Hopper
Baywood
Apartments
299
$1,987,753
$4,538,820
No
Yes
$16,920,000
Deer Creek
Village A is
124
$787,028
$1,882,320
No
Possible
$7,144,000
River Bend —
Cedar Grove
117
$742,599
$1,776,60
No
No
$6,768,000
Commercial Linkage Fee Amendments
As new employment -generating development continues to occur in the City, additional
affordable housing will be required to house a segment of the workforce. The Commercial
Linkage Fee is intended to capture a portion of the funds needed to support that additional
housing. The Commercial Linkage Fee Ordinance was revised in 2011 and provides for an
annual escalator based on the latest "Engineering News Record Construction Cost Index – 20
City Average" and went into effect on July 1, 2012. There were no increases to the Commercial
Linkage Fee before 2012. Below are comparisons of the EPS calculated maximum fee and
Sonoma County's current fee.
It was the consensus of the Council to set the fee at the current rate of Sonoma County's
commercial linkage fee as indicated in the table above. The increase to the commercial linkage
fee will be effective upon its adoption.
Nature of the Inclusionary Housing In -Lieu and Commercial Linkage Fees
In the case of California Building Association v. City of San Jose, (2015) 61 Cal. 4th 435, the
California Supreme Court upheld the City of San Jose's inclusionary ordinance which requires
I
Petaluma's Current
Fee/s.f.
EPS Calculated maximum
Fee/s.f.
Sonoma County Current
Fee/s.f.
Office
$2.42
$99.00
$2.84
Retail
$4.17
$167.00
$4.91
Light
Industrial/Warehouse
$2.49
$62.00
$2.93
It was the consensus of the Council to set the fee at the current rate of Sonoma County's
commercial linkage fee as indicated in the table above. The increase to the commercial linkage
fee will be effective upon its adoption.
Nature of the Inclusionary Housing In -Lieu and Commercial Linkage Fees
In the case of California Building Association v. City of San Jose, (2015) 61 Cal. 4th 435, the
California Supreme Court upheld the City of San Jose's inclusionary ordinance which requires
I
residential developments in the city that create 20 or more new, additional or modified dwelling
units to make available 15% of the for -sale units at an affordable housing cost as specified in the
ordinance. The court held that adoption of inclusionary ordinances to mitigate the effect of new
market rate housing on affordable housing stock, increase the number of affordable housing
units, and distribute affordable units throughout a community to obtain the benefits of
economically diverse communities is not an exaction if it imposes lawful, non -confiscatory land
use restrictions in the form of price limits.
According to the court, such inclusionary ordinances, to be valid, need only be reasonably
related to the broad general welfare purposes for which they are enacted. The court held that
such ordinances that require development projects to provide a reasonable amount of on-site
affordable units, and offer reasonable alternative means of satisfying the ordinance's
inclusionary objectives, such through payment of in -lieu fees, land dedication, and off-site
construction, are valid local and use regulations and not takings. The court also contrast
inclusionary restrictions and fees that impose price controls and other land use restrictions that
serve a broader constitutionally permissible purpose or purposes unrelated to the impact of the
proposed development from development mitigation fees, which are intended to fund needed
public improvements, the purpose of which is to merely mitigate the effects or impacts of the
developments on which the fees are imposed. Consistent with the holding in California Building
Association, the Petaluma Inclusionary Housing In -Lieu Fee and Commercial Linkage Fee are
not exactions or development impact fees intended to fund public improvements pursuant to the
Mitigation Fee Act (Government Code §66000 and following), but rather are part of and
implement the City's land use regulations for creating affordable housing.
Public Comments
The public had an opportunity to comment at the September 27, 2017 City Council workshop
and at the March 5, 2018 City Council meeting on the Housing Fees update. A meeting was also
scheduled to reach out to stakeholders regarding the proposed changes to Petaluma's housing
policies and housing fees. A flyer was sent out to a group of over fifty contacts that have either
developed projects in Petaluma; are currently developing projects in Petaluma, or are housing
advocates. The notice of the community meeting was also published in the Argus Courier on
April 5, 2018.
On April 12, 2018, staff, along with the consultants from EPS, hosted a community workshop to
receive public input on the affordable housing policies and fee update.
On June 7, 2018, a public notice of the June 18, 2018 public hearing before the City Council to
consider the amendments and fee increases was published in the Argus Courier. The meeting
was continued to July 2, 2018 where several speakers addressed the Council with their concerns
or submitted correspondence for consideration and the record. The meeting was then continued
to August 6, 2018. An email was sent to all interested parties notifying them of the August 6,
2018 City Council meeting.
FINANCIAL IMPACTS
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Financial impacts beyond the staff time required to prepare this report and providing public
notice are undetermined. The in -lieu fee increase will add additional revenue to the In -Lieu
Housing Fund if all future developments do not include on-site units in their proposal.
According to the nexus study by EPS, as specified in the Administrative Draft Memorandum
dated September 19, 2017, the increase in the commercial linkage fee could generate additional
revenue of approximately $1,400,000 if all commercially zoned parcels were developed in
Petaluma.
ATTACHMENTS
1. Resolution Increasing Inclusionary Housing In -Lieu Fees Payable As Required by
Program 4.3 in the City of Petaluma's General Plan 2025, 2015-2023 Housing Element
2. Exhibit A to Resolution Increasing In -Lieu fees
3. Resolution Increasing the Commercial Development Housing Linkage Fees Pursuant to
Petaluma Municipal Code section 19.36.040(C)
4. Development Impact Fees for surrounding jurisdictions
5. List of Major Projects in the Pipeline
Items listed below are large in volume and are not attached to this report, but may be
viewed at the following links:
http:f/cityofpetaluma.net/cclerkZpdf/2003-Housing-In-Lieu-Fee-Schedule.pdf
http://cityoft)etaluma.net/cclerk/pdf/I 6118 O -Admin -Memo -Petaluma -Fee- Comparison-
Feasibilitv-2017-09-19-v2.pdf
http://cityofpetaluma.net/cclerk/pdf/EP S-Petaluma-PPT-2017-09-20v2.pdf
http:Hcityof
petaluma.net/cclerk/pdf/Petaluma-Rental -Nexus- Study-Admin-Draft-Report-
2017-08-29.pdf
http: //cityofpetaluma. net/ccl erk/pdf/Petaluma-Ownership-Inclusionary-In-Lieu-Fee-
S tudy-Admin-Draft-Report-2017-08-29.pdf
http: //cityofpetaluma.net/cclerk/pdf/Petaluma-Ownership-Nexus-Study-Admin-Draft-
Report-2017-08-29.pdf
http//cityofpetaluma.net/cclerl�-lpdf/Petaluma-Rental-Nexus-Study-Admin-Draft-Report-
2017-08-29.pdf
ATTACHMENT #1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
INCREASING INCLUSIONARY HOUSING IN -LIEU FEES PAYABLE AS REQUIRED
BY PROGRAM 4.3 IN THE CITY OF PETALUMA'S GENERAL PLAN 2025,2015-2023
HOUSING ELEMENT AS ADOPTED BY RESOLUTION NO. 2014-190 N.C.S. AND
REPLACING THE HOUSING IN -LIEU FEES SET BY RESOLUTION NO. 2003-241
N.C.S.
WHEREAS, on December 6, 1982, by Resolution no. 9620 N.C.S., the City Council
adopted the Housing Element of the Petaluma General Plan ("1982 Housing Element") setting
forth the goals, polices and implementation programs to achieve an adequate supply of housing
for all groups; and
WHEREAS, Program 2 of the policies for implementing the 1982 Housing Element
provided for requiring developers of residential developments with 16 or more units to achieve
adequate housing supply for all groups by one of several methods, including an in -lieu fee
related to the cost of providing housing to write down land costs or acquire housing for low and
moderate -income housing in Petaluma; and
WHEREAS, on August 20, 1984, by adoption of Resolution no. 84-199 N.C.S., the City
Council established a schedule of in -lieu fees to implement Program 2 of the 1982 Housing
Element; and
WHEREAS, on December 16, 2002, by Resolution no. 2002-198 N.C.S. the City
Council adopted the Housing Element of the Petaluma General Plan ("2002 Housing Element")
setting the goals, policies and implementation programs to achieve an adequate supply of
housing units and programs for all groups; and
WHEREAS, Program 4.4 of the 2002 Housing Element provided for requiring
residential projects of five or more units to contribute to the provision of below-market rate
housing by providing affordable units on site, dedicating a portion of the project site, making an
in -lieu payment to the City's housing fund, or using alternative methods; and
WHEREAS, on December 1, 2003, by Resolution No. 2003-241 N.C.S., the City
Council established an in -lieu fee schedule for those developers who chose to make an in -lieu
payment into the City's housing fund; and
0
WHEREAS, on May 19, 2008, the City Council approved Resolution No. 2008-085
N.C.S., adopting the City of Petaluma General Plan 2025 ("General Plan"), which contained the
City's then -existing housing element; and
WHEREAS, on June 15, 2009, the City Council approved Resolution No. 2009-094
N.C.S., adopting the Petaluma 2009-2014 Housing Element; and
WHEREAS, on December 1, 2014, the City Council approved Resolution No: 2014-190
N.C.S., adopting the Petaluma 2015-2023 Housing Element; and
WHEREAS, on January 23, 2015, the state Housing and Community Development
Department ("HCD") approved the 2015-2023 Housing Element as approved by the City
Council; and
WHEREAS, on November 2, 2015 the City Council approved Resolution No. 2015-171
N.C.S.; adopting a First Amendment to the 2015-2023 Housing Element Program 4.3 to ensure
consistency between the City's Housing Element and the holding in Palmer/Sixth Street
Properties, L.P. v. City of Los Angeles, (2009) 175 CA 4th 1396, which held that the Costa -
Hawkins Act, Civil Code section 1954.53(a), prohibits local agencies from requiring on-site
inclusionary housing in rental housing developments; and
WHEREAS, recent amendments to the state Planning and Zoning Law, which is codified
in Government Code section 65000 and following ("Planning Law") pursuant to AB -1505,
which took effect January 1, 2018 and is codified in Government Code sections 65850 and
65850.1, permit cities to adopt ordinances requiring inclusion of affordable residential units for
moderate, low, very low, and extremely low income households in rental housing developments,
and require that such ordinances provide alternate means of compliance that may include, but are
not limited to, in -lieu fees, land dedication, off-site construction, or acquisition and rehabilitation
of existing units, and grant HCD the authority to review certain such ordinances that require
more than 15 percent of the total number of units in a residential rental development to be
affordable to households earning 80 percent or less of area median income; and
WHEREAS, the 2015-2023 Housing Element as amended identifies and analyzes
existing and projected housing needs and states goals and policies, and quantifies objectives and
special programs for the reservation, improvement and development of housing in the City from
2015 through 2023; and
WHEREAS, Policy 4.2 of the 2015-2023 Housing Element currently provides for
assigning a share of the responsibility for providing affordable housing to the developers of
market -rate housing and non-residential projects; and
WHEREAS, Program 4.3 of the 2015-2023 Housing Element currently provides for
continuing to require residential projects of five or more units to contribute to provision of
below-market rate housing by: dedicating 15% of the units on-site or a portion of the project site
or property to the City or a non-profit organization for use as affordable housing; encouraging
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developers of projects within a half -mile radius of the planned Sonoma Marin Area Rail Transit
District ("SMART") stations to provide at least 15 percent of the units in a rental housing project
at rents affordable to very low and low income households for a minimum period of 30 years;
requiring developers of for sale projects within a half -mile radius of the planned SMART
stations to provide at least 15% of the units at prices affordable to low and moderate income
households for a minimum period of 30 years; or by malting an in -lieu payment to the City's
housing fund; or by using alternative methods to meet the intent of the inclusionary requirement,
subject to approval by the City Council; and
WHEREAS, the City has 2,161 housing units in various stages of development but only
75 of the units are affordable in accordance with the City's inclusionary housing requirements;
and
WHEREAS, in -lieu fees collected by the City in accordance with Program 4.3 of the
2015-2023 Housing Element are insufficient to fund construction of sufficient numbers of
affordable housing units to meet the City's projected housing needs; and
WHEREAS, the City contracted with Economic and Planning Systems ("EPS") to
complete studies ("EPS Studies") to identify funds the City could lawfully recover from
inclusionary housing in -lieu fees and to provide information and analysis in support of potential
updates to the City's affordable housing fees; and,
WHEREAS, at a City Council workshop on September 25, 2017, EPS gave an
Affordable Housing Fees presentation ("Presentation"), presented an administrative draft
memorandum ("Memorandum"), and a draft Ownership Inclusionary Housing In -lieu Fee report,
a draft Nexus -Based Affordable Housing Fee Analysis for Ownership Housing report, a draft
Nexus -Based Affordable Housing Fee Analysis for Rental Housing report, and a draft
Commercial Linkage Fee Nexus Study report all dated August 29, 2017 and all referred to as the
"Reports," and
WHEREAS, the Presentation, Memorandum and the Reports detailed a gap between
market prices of housing in the City and prices affordable to very low, low, and moderate -
income households, and included a proposed per square foot in -lieu fee for rental and ownership
projects based on the affordability gap; and
WHEREAS, the City Council hereby approves the Presentation, Memorandum and the
Reports, which are by this reference hereby made a part of this resolution; and
WHEREAS, it is the desire of the City Council to approve an inclusionary housing
ordinance in accordance with the authority in AB -1505 to require on-site inclusionary housing
units as part of residential housing development projects, both homeownership and rental, in the
City to mitigate the effect of new market rate housing on the City's stock of affordable housing,
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to increase the number of affordable units in the city, and to distribute the affordable units
throughout the city to obtain the benefits of economically diverse communities and generally to
ensure the provision of affordable housing to help address the City's Regional Housing Need
Allocation and the acute housing crisis in Sonoma County, and to provide for alternative means
of compliance as AB -1505 requires; and
WHEREAS, it is the desire of the City Council to increase the City's Inclusionary
Housing In -Lieu fee in accordance the EPS Presentation, the Memorandum, and the Reports, to
apply to developers of residential housing that the Council permits to make a payment in -lieu of
providing affordable housing on site to more closely approach developers' fair -share
responsibility toward contributing to implementing the City's 2015-2023 Housing Element
policies and programs; and
WHEREAS, in accordance with the holding of the California Supreme Court in
California Building Association v. City ofSan Jose, (2015) 61 Cal. 41'435, where a city adopts
an inclusionary ordinance to mitigate the effect of new market rate housing on the City's stock of
affordable housing, to increase the number of affordable units in the city, and to distribute the
affordable units throughout the city to obtain the benefits of economically diverse communities,
such an ordinance is not an exaction, if it imposes lawful, non -confiscatory land use restrictions
in the form of price limits; and
WHEREAS, under California Building Association, inclusionary ordinances, to be valid,
need only be reasonably related to the broad general welfare purposes for which they are
enacted, and such inclusionary housing ordinances that require residential projects to provide a
reasonable amount of on-site affordable units, and offer reasonable alternative means of
satisfying the ordinance's inclusionary objectives, such as payment of in -lieu fees, land
dedication, and off-site construction are valid local land use regulations and not takings; and
WHEREAS, the City Council finds that this resolution and the inclusionary housing in -
lieu fee it establishes is a valid local land use regulation and does not effect a taking in
accordance with California Building Association; and
WHEREAS, this resolution and the inclusionary housing in -lieu fee it establishes is
exempt from environmental review under the general rule in Section 15061(b)(3) of the
California Environmental Quality Act ("CEQA") Guidelines because CEQA applies only to
projects that have the potential for causing a significant effect on the environment, and it can be
seen with certainty that there is no possibility that this resolution and the inclusionary housing in -
lieu fee it establishes creates changes in the physical environment, or results in any changes to
the General Plan or Implementing Zoning Ordinance land use policies, and any development that
12
occurs in the future subject to such standards will undergo an independent analysis pursuant to
the requirements of CEQA; and
WHEREAS, this resolution and the inclusionary housing in -lieu fee it establishes is
statutorily exempt pursuant to Section 15283 of the CEQA Guidelines because this resolution
and the inclusionary housing in -lieu fee reflect determinations by the City regarding the need to
adequately provide for the City's share of regional housing needs pursuant to Government Code
section 65584; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The above recitals are hereby declared to be true and correct and are incorporated into
this resolution as findings of the City Council of the City of Petaluma.
2. The in -lieu inclusionary housing fee schedule attached to and hereby made a part of
this resolution as Exhibit A shall apply to payments to the City's housing fund which
the City Council permits developers to make in -lieu of provision of on-site affordable
housing in accordance with Policy 4.2 and Program 4.3 of the 2015-2023 Housing
Element.
3. In -lieu fees authorized pursuant to this resolution shall be paid and collected on
behalf of the City at the time escrow closes on purchase of for -sale residential units,
and at the time of issuance of a certificate of occupancy for rental units.
4. The in=lieu inclusionary housing fees established pursuant to Resolution no. 2003-241
and any other previously -enacted in -lieu inclusionary housing fees are hereby
repealed on the date this resolution takes effect.
5. If any section, subsection, sentence, clause, phrase or word of this resolution is for
any reason held to be unconstitutional, unlawful, or otherwise invalid by a court of
competent jurisdiction or preempted by state legislation, such decision or legislation
shall not affect the validity of the remaining portions of this resolution. The City
Council of the City of Petaluma hereby declares that it would have passed and
adopted this resolution and each and all provisions thereof irrespective of the fact that
any one or more of said provisions be declared unconstitutional, unlawful, or
otherwise invalid.
6. This resolution shall become effective upon its adoption, except that any residential
project or mixed-use application with a residential component that is deemed
complete by the Planning Division prior to XXXXXXXXX shall be subject to those
in -lieu fees and inclusionary requirements currently in effect before adoption.
13
ATTACHMENT #2
EXHIBIT A
IN -LIEU HOUSING FEES (5 units or more - based on square footage) see Tables below:
Sq. Ft
Fee
Sq. Ft
Fee
Sq. Ft
Fee
Sq. Ft.
Fee
Sq. Ft
Fee
640;
$6,477
960
$9,715
1280
$12,954
1600
$16,192
1920' ;
$19,430
650
$6;578
970
$9,816
1290
$13,055
1610
$16,293
1930
$19,532
660
$6,679
980
$9,918
1300
$13,156
1620
$16,394
1940
$19,633
670
$6,780
990
$10,019
1310
$13,257
1 1630 '
$16,496
1950
$19,734
680
$6,882
1000
$10,120
1320
$13,358
1640
$16,597
1960
$19,835
690
$6,983
1010
$10,221
1330
$13,460
1650
$16,698
1970
$19,936
700
$7,084
1020
$10,322
1340
$13,561
1660 '
$16,799
1980'
$20,038
710
$7,185
1030
$10,424
1350
$13,662
1670
$16,900
1990'
$20,139
720
$7,286
1040
$10,525
1360
$13,763
1680
$17,002
2000
$20,240
730
$7,388
1050
$10,626
1370';
$13,864
1 1690
$17,103
2010
$20,341
740
$7,489
1060
$10,727
1380
$13,966
1700
$17,204
2020.
$20,442
750
$7,590
1070
$10,828
1390
$14,067
1710
$17,305
2030
$20,544
760
$7,691
1080
$10,930
1400
$14,168
1720
$17,406
2040
$20,645
770
$7,792
1090
$11,031
1410
$14,269
1730 ''
$17,508
2050'
$20,746
780
$7,894
1100
$11,132
1420
$14,370
1740
$175609
2060
$20,847
790
$7,995
1110
$11,233
1430
$14,472
1750
$17,710
2070'
$20,948
800
$8,096
1120
$11,334
1440
$14,573
1760
$17,811
2080
$21,050
810'
$8,197
1130
$11,436
1450
$14,674
1770
$17,912
2090
$21,151
820
$8,298
1140
$11,537
1460'
$14,775
1780
$18,014
2100
$21,252
830
$8,400
1150
$11,638
1470
$14,876
1790 ''
$18,115
2110
$21,353
840
$8,501
1160
$11,739
1480
$14,978
1800
$18,216
2120
$21,454
850
$8,602
1170
$11,840
1490
$15,079
1810
$18,317
2130
$21,556
860
$8,703
1180
$11,942
1500
$15,180
1820
$18,418
2140;
$21,657
870
$8,804
1190
$12,043
1510
$15,281
1830
$18,520
2150 ''
$21,758
880
$8,906
1200
$12,144
1520
$15,382
1840
$18,621
2160
$21,859
890
$9,007
1210
$12,245
1530
$15,484
1850
$18,722
2170
$21,960
900
$9,108
1220
$12,346
1540
$15,585
1860
$18,823
2180
$22,062
910
1 $9,209
1230'
$12,448
1550
$15,686
1870
$18,924
2190
$22,163
920
1 $9,310
1240
$12,549
1560
$15,787
1880
$19,026
2200
$22,264
930
$9,412
1250
$12,650
1570
$15,888
1890
$19,127
2210
$22,365
940`
$9,513
1260
$12,751
1580
$15,990
1900
$19,228
2220`'
$22,466
950
$9,614
1270
$12,852
1590
$16,091
1910 1
$19,329
2230 -'
$22,568
14
Sq. Ft
Fee
Sq. Ft
Fee
Sq. Ft
Fee
Sq. Ft.
Fee
Sq. Ft
Fee
2240
$22,669
2560
$25,907
2880
$29,146
3200
$32,384
3520
$35,622
2250
$22,770
2570
$26,008
2890
$29,247
3210
$32,485
3530
$35,724
2260
$22,871
2580
$26,110
2900
1 $29,348
3220
$32,586
3540
1 $35,825
2270
$22;972
2590
$26,211
2910
$29,449
3230
$32,688
3550
$35,926
2280
$23,074
2600
$26,312
2920
$29,550
3240 `
$32,789
3560
$36,027
2290
$23,175
2610
$26,413
2930
$29,652
3250
$32,890
3570
$36,128
2300
$23,276
2620
$26,514
2940
$29,753
3260
$32,991
3580
$36,230
2310
$23,377
2630
$26,616
2950
$29,854
3270
$33,092
3590;
$36,331
2320
$23,478
2640 `
$26,717
2960
$29,955
3280
$33,194
3600
$36,432
2330
$23,580
2650
$26,818
2970
$30,056
3290
$33,295
3610
$36,533
2340
$23,681
2660'
$26,919
2980'
$30,158
3300
$33,396
3620
$36,634
2350
$23,782
2670
$27,020
2990
$30,259
3310
$33,497
3630
$36,736
2360
$23,883
2680'
$27,122
3000
$30,360
3320
$33,598
3640;
$36,837
2370
$23,984
2690
$27,223
3010
$30,461
3330 ?
$33,700
3650'
$36,938
2380
$24,086
2700
$27,324
3020'
$30,562
3340 "
$33,801
3660'
$37,039
2390
$24,187
2710'
$27,425
3030
$30,664
3350
$33,902
3670
$37,140
2400
$24,288
2720
$27,526
3040
$30,765
3360
$34,003
3680
$37,242
2410
$24,389
2730
$27,628
3050
$30,866
3370
$34,104
3690 `
$37,343
2420
$24,490
2740
$27,729
3060'
$30,967
3380
$34,206
3700'
$37,444
2430
$24,592
2750
$27,830
3070
$31,068
3390
$345307
3710
$37,545
2440
$24,693
2760'
$27,931
3080
$31,170
3400
$34,408
3720'
$37,646
2450'
$24,794
2770
$28,032
3090 <
$31,271
3410
$34,509
3730'
$37,748
2460
$24,895
2780
$28,134
3100
$31,372
3420
$34,610
3740
$37,849
2470
$24,996
2790
$28,235
3110
$31,473
3430
$34,712
3750,
$37,950
2480'
$25,098
2800
$28,336
3120
$31,574
3440
$34,813
3760
$38,051
2490
$25,199
2810
$28,437
3130
$31,676
3450
$34,914
3770 '
$385152
2500'
$25,300
2820
$28,538
3140
$31,777
3460
$35,015
3780
$38,254
2510
$25,401
2830-
$28,640
3150'
$31,878
3470
$35,116
3790'
$38,355
2520
$25,502
2840
$28,741
3160
$31,979
3480 `
$35,218
3800 `
$38,456
2530
$25,604
2850
$28,842
3170
$32,080
3490
$35,319
3810
$38,557
2540'
$25,705
2860
$28,943
3180 `
$32,182
3500
$35,420
3820'
$38,658
2550'
$25,806
2870
1 $29,044
3190
$32,283
3510.
$35,521
3830
$38,760
15
ATTACHMENT #3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
INCREASING COMMERCIAL DEVELOPMENT HOUSING LINKAGE FEES FOR
NONRESIDENTIAL DEVELOPMENT PROJECTS PURSUANT TO PETALUMA
MUNICIPAL CODE SECTION 19.36.040(C) AND REPLACING THE COMMERCIAL
LINKAGE FEES SET BY RESOLUTION NO. 2011-071 N.C.S.
WHEREAS, on December 15, 2003, the City Council adopted Ordinance No. 2171
N.C.S. implementing a commercial linkage fee for nonresidential projects to mitigate the impact
of nonresidential development on the need for affordable housing; and
WHEREAS, on May 2, 2011 the City Council adopted Ordinance No. 2403 amending
the commercial linkage fee to ensure that it continues to make an adequate financial contribution
from new and expanded nonresidential development to the City's affordable housing programs;
and
WHEREAS, the City's commercial linkage fee program, which is currently codified in
Chapter 19.36 entitled "Commercial Development Housing Linkage Fee" ("Housing Linkage
Fee") of the Petaluma Municipal Code; and
WHEREAS, the Housing Linkage Fee chapter in the Municipal Code provides in
Section 19.36.010 that the purpose of the chapter is to implement the goals and objectives of the
general plan housing element of the City; mitigate housing impacts caused by new, changed and
expanded nonresidential development in the City, and provide affordable housing to. people who
earn between 80 and 100 percent of area median income; and
WHEREAS, the Housing Linkage Fee chapter includes in Section 19.36.020 various
findings of the City Council, including findings that the purposes of the chapter include
establishing a feasible means by which developers of nonresidential development projects assist
in increasing the supply of low and moderate income housing and increasing the supply of
housing in proximity to employment centers, and that the chapter is intended to create a rational
relationship between the amount of housing need created by the land use and the size of the fee,
taking into account the effect of such fee requirements on providing affordable housing
opportunities and the economic feasibility of imposing such requirements; and
WHEREAS, the Housing Linkage Fee chapter in Section 19.36.040 provides that
Housing Linkage Fees shall be established from time to time by resolution of the City Council,
and that such fees shall be adjusted annually using the Engineering News Record Construction
Cost Index 20 City Average; and
16
WHEREAS, the Housing Linkage Fee chapter in Section 19.36.050 provides that
developers of projects subject to Housing Linkage Fees may apply to receive a credit against the
fees or a portion thereof if they provide affordable housing through some other means agreeable
to the City; and
WHEREAS, on May 19, 2008, the City Council approved Resolution No. 2008-085
N.C.S., adopting the City of Petaluma General Plan 2025 ("General Plan"), which contained the
City's then -existing housing element; and
WHEREAS, on June 15, 2009, the City Council approved Resolution No. 2009-094
N.C.S., adopting the Petaluma 2009-2014 Housing Element; and
WHEREAS, on December 1, 2014, the City Council approved Resolution No. 2014-190
N.C.S., adopting the Petaluma 2015-2023 Housing Element; and
WHEREAS, on January 23, 2015, the state Housing and Community Development
Department ("HCD") approved the 2015-2023 Housing Element as approved by the City
Council; and
WHEREAS, on November 2, 2015 the City Council approved Resolution No. 2015-171
N.C.S., adopting a First Amendment to the 2015-2023 Housing Element Program 4.3 to ensure
consistency between the City's Housing Element and the holding in Palmer/Sixth Street
Properties, L.P. v. City of Los Angeles, (2009) 175 CA 4th 1396, which held that the Costa -
Hawkins Act, Civil Code section 1954.53(a), prohibits local agencies from requiring on-site
inclusionary housing in rental housing developments; and
WHEREAS, recent amendments to the state Planning and Zoning Law, which is codified
in Government Code section 65000 and following ("Planning Law") pursuant to AB -1505,
which took effect January 1, 2018 and is codified in Government Code sections 65850 and
65.850.1, permit cities to adopt ordinances requiring inclusion of affordable residential units for
moderate, low, very low, and extremely low income households in rental housing developments,
and require that such ordinances provide alternate means of compliance that may include, but are
not limited to, in -lieu fees, land dedication, off-site construction, or acquisition and rehabilitation
of existing units, and grant HCD the authority to review certain such ordinances that require
more than 15 percent of the total number of units in a residential rental development to be
affordable to households earning 80 percent or less of area median income; and.
WHEREAS, the 2015-2023 Housing Element as amended identifies and analyzes
existing and projected housing needs and states goals and policies, and quantifies objectives and
special programs for the reservation, improvement and development of housing in the City from
2015 through 2023; and
17
WHEREAS, Policy 4.2 of the 2015-2023 Housing Element currently provides for
assigning a share of the responsibility for providing affordable housing to the developers of
market -rate housing and non-residential projects; and
WHEREAS; Program 4.3 of the 2015-2023 Housing Element currently provides for
continuing to require residential projects of five or more units to contribute to provision of
below-market rate housing by: dedicating 15% of the units on-site or a portion of the project site
or property to the City or a non-profit organization for use as affordable housing; encouraging
developers of projects within a half -mile radius of the planned Sonoma Marin Area Rail Transit
District ("SMART") stations to provide at least 15 percent of the units in a rental housing project
at rents affordable to very low and low income households for a minimum period of 30 years;
requiring developers of for sale projects within a half -mile radius of the planned SMART
stations to provide at least 15% of the units at prices affordable to low and moderate income
households for a minimum period of 30 years; or by making an in -lieu payment to the City's
housing fund; or by using alternative methods to meet the intent of the inclusionary requirement,
subject to approval by the City Council; and
WHEREAS, the City has 2,161 housing units in various stages of development but only
75 of the units are affordable in accordance with the City's inclusionary housing requirements;
and
WHEREAS, in -lieu fees collected by the City in accordance with Program 4.3 of the
2015-2023 Housing Element are insufficient to fund construction of sufficient numbers of
affordable housing units to meet the City's projected housing needs; and
WHEREAS, the City contracted with Economic and Planning Systems (EPS) to
complete studies ("EPS Studies") to identify funds the City could lawfully recover from
inclusionary housing in -lieu fees and to provide information and analysis in support of potential
updates to the City's affordable housing fees; and,
WHEREAS, at a City Council workshop on September 25, 2017, EPS gave an
Affordable Housing Fees presentation ("Presentation"), presented an administrative draft
memorandum ("Memorandum"), and a draft Ownership Inclusionary Housing In -lieu Fee report,
a draft Nexus -Based Affordable Housing Fee Analysis for Ownership Housing report, a draft
Nexus -Based Affordable Housing Fee Analysis for Rental Housing report, and a draft
Commercial Linkage Fee Nexus Study report all dated August 29, 2017 and all referred to as the
"Reports," and
WHEREAS, the Presentation, Memorandum and the Reports, detailed a gap between
market prices of housing in the City and prices affordable to very low, low, and moderate -
income households, and included a proposed per square foot in -lieu fee for rental and ownership
projects based on the affordability gap; and
WHEREAS, the City Council hereby approves the Presentation, Memorandum and the
Reports, which are by this reference hereby made a part of this resolution; and
WHEREAS, the City Council desires to adopt updated Commercial Linkage Fees for
nonresidential development projects as authorized by section 19.36.040(C) of the Municipal
Code such that the fees do not exceed the amounts needed to mitigate the actual affordable
housing impacts attributable to the nonresidential development projects to which the fees relate,
as determined by the EPS report, and so that such projects increase the supply of low and
moderate income housing and housing in proximity to employment centers in the City; and
WHEREAS, in accordance with the holding of the California Supreme Court in
California Building Association v. City of San Jose, (2015) 61 Cal. 4th 435, where a city adopts
an inclusionary ordinance to mitigate the effects of development on the City's stock of affordable
housing, and to increase the number of affordable units in the city, and to distribute the
affordable units throughout the city to obtain the benefits of economically diverse communities,
such an ordinance is a valid local land use regulation and not a taking if it is reasonably related to
the broad general welfare purposes for which it is enacted, and offers reasonable alternative
means of satisfying the ordinance's inclusionary objectives; and
WHEREAS, the City Council finds that this resolution and the Housing Linkage fee it
establishes is a valid local land use regulation and does not effect a taking in accordance with
California Building Association; and
WHEREAS, this resolution and the Housing Linkage Fees it establishes are exempt from
environmental review under the general rule Section 15061(b)(3) of the California
Environmental Quality Act ("CEQA") Guidelines because CEQA applies only to projects that
have the potential for causing a significant effect on the environment, and it can be seen with
certainty that there is no possibility that this resolution and the Housing Linkage Fees it
establishes creates changes in the physical environment, or results in any changes to the General
Plan or Implementing Zoning Ordinance land use policies, and any development that occurs in
the future subject to such standards will undergo an independent analysis pursuant to the
requirements of CEQA; and
WHEREAS, this resolution and the inclusionary Housing Linkage Fees it establishes is
statutorily exempt pursuant to Section 15283 of the CEQA Guidelines because this resolution
and the Housing Linkage Fees reflect determinations by the City regarding the need to
adequately provide for the City's share of regional housing needs pursuant to Government Code
section 65584;
19
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The above recitals are hereby declared to be true and correct and are incorporated
into the resolution as findings of the City Council of the City of Petaluma.
2. The following Housing Linkage Fees shall apply to non-residential projects subject
to this resolution in accordance with Policy 4.2 and Program 4.3 of the 2015-2023
Housing Element:
3. Housing Linkage Fees authorized pursuant to this resolution shall be paid and
collected on behalf of the City at the time of issuance of a certificate of occupancy.
4. The Housing Linkage Fees established pursuant to Resolution No. 2011-071 N.C.S.
and any other previously -enacted commercial development Housing Linkage Fees
are hereby repealed on the date this resolution takes effect.
5. If any section, subsection, sentence, clause, phrase or word of this resolution is for
any reason held to be unconstitutional, unlawful, or otherwise invalid by a court of
competent jurisdiction or preempted by state legislation, such decision or legislation
shall not affect the validity of the remaining portions of this resolution. The City,
Council of the City of Petaluma hereby declares that it would have passed and
adopted this resolution and each and all provisions thereof irrespective of the fact
that any one or more of said provisions be declared unconstitutional, unlawful, or
otherwise invalid.
6. This resolution shall become effective upon its adoption.
20
Office/Commercial
Retail
Industrial
$2.75/ s.f.
$4.75/s.£
$2.84/s.f.
3. Housing Linkage Fees authorized pursuant to this resolution shall be paid and
collected on behalf of the City at the time of issuance of a certificate of occupancy.
4. The Housing Linkage Fees established pursuant to Resolution No. 2011-071 N.C.S.
and any other previously -enacted commercial development Housing Linkage Fees
are hereby repealed on the date this resolution takes effect.
5. If any section, subsection, sentence, clause, phrase or word of this resolution is for
any reason held to be unconstitutional, unlawful, or otherwise invalid by a court of
competent jurisdiction or preempted by state legislation, such decision or legislation
shall not affect the validity of the remaining portions of this resolution. The City,
Council of the City of Petaluma hereby declares that it would have passed and
adopted this resolution and each and all provisions thereof irrespective of the fact
that any one or more of said provisions be declared unconstitutional, unlawful, or
otherwise invalid.
6. This resolution shall become effective upon its adoption.
20
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ATTACHMENT #5
Project
Address
Description'
Status
Notes
Commercial Projects
Adobe Road
1 C Street
16,000 sq ft wine
Complete
Subject to commercial linkage fees
Winery
production, tasting,
at time of BP issuance
and event space
Festival
373 N
6,400 sq ft
Complete
Subject to commercial linkage fees
Restaurant
McDowell
restaurant
at time of BP issuance
Valero Gas
523 E
Expanded
Complete
Subject to commercial linkage fees
Station
Washington
convenience store
SPAR/CUP Approved
at time of BP issuance
Riverfr•ont
500 Hopper
122 room hotel
Master Plan Approved
Subject to commercial linkage fees
Marriott
SPAR Approved
at time of BP issuance
In Plan Check
Safeway Fuel
335 S
Gas station with 16
Complete
Will be subject to commercial
Center
McDowell
positions
SPAR Approved
linkage fees at time of BP issuance
Appealed
Labcon
3200
40,000 sq ft
Under Construction
All fees were paid at BP issuance
Warehouse
Lakeville
industrial addition
Cagwin and
Telecom
New 23,000 office
Complete
All fees were paid with BP review
Dorward
and landscape
Approved
maintenance
In Plan Check
operation
76 Gas
4998
Expanded
Under Construction
All fees were paid at BP issuance
Station
Petaluma
convenience store
Blvd N
and new carwash
Silk Mill
750 Jefferson
76 Room Hotel
Under Construction
All fees were paid at BP issuance
Mixed
Use Projects
Bay West
500 Hopper
145 residential
Incomplete
Not anticipated to be deemed
units and 13.7 acre
complete before October. Possible
commercial parcel
to be deemed complete before
January 2019.
Omahony
131 Liberty
10 mf units 1500
Complete
No onsite inclusionary housing
Mixed use
sq ft of commercial
SPAR/CUP Approved
included in project. Commercial
Linkage Fee due at BP issuance. In -
lieu fee due at occupancy
North River
368/402
185 mf units 5000
Complete
No onsite inclusionary housing
Apartments
Petaluma
sq ft of commercial
SPAR Approved
included in project. Commercial
Blvd N
Linkage Fee due at BP issuance. In -
lieu fee due at occupancy
Haystack
215 Weller
178 mf units
Incomplete
Initial application indicated
Pacifica
15,000 sq It of
provision of onsite inclusionary
cormnercial
housing. Commercial Linkage Fee
due at BP issuance.
Project
Address
Description
Status
Notes
Residential Projects
WJ
Baywood
2592 Casa
299 mf apartments
Incomplete
No onsite inclusionary proposed.
Apartments
Grande Rd
PEP Senior
951 Petaluma
53 affordable
Complete
Onsite inclusionary housing
Housing
Boulevard S
senior/veteran units
proposed as part of project
Brody Ranch
360 Corona
199 residential
Complete
Onsite inclusionary housing
Rd
units
Approved
approved as part of project.
Under Construction
Marina
0 Marina
90 mf units
Complete
No onsite inclusionary housing
Apartments
Drive
Approved
included in project. In -lieu fees due
Under Construction
at occupancy
East
825 E
24 mf units
Complete
No onsite inclusionary housing
Washington
Washington
SPAR/CUP Approved
included in project. In -lieu fees due
Commons
at occupancy
Keller Court
West and
8 sf units
Complete
No onsite inclusionary housing
commons
Keller
Approved
included in project. All fees paid
Under Construction
with building permits
Altura
Baywood and
150 mf units
Complete
Onsite inclusionary housing
Apartments
Perry
SPAR Approved
approved with the project.
Under Construction
Addison
200
100 mf units
Complete
No onsite inclusionary housing
Ranch
Greenbriar
SPAR Approved
included in project. All fees paid
Circle
Under Construction
Davidon
Windsor and
Anticipated revised
Complete
No onsite inclusionary housing
Homes
D
project to be 28 sf
included in project
units
Sid
Graylawn
278 mf units
Complete
No onsite inclusionary housing in
Commons
existing submittal
Sunnyslope
Sunnyslope
18 sf homes
TM and ZMA
No onsite inclusionary housing
II
Rd
Complete
included in project.
SPAR Phase I and II
Deemed Complete
Phase III: Incomplete
Phase IV: No
application
Riverfront
500 Hopper
134 sf units
Master Plan Complete
No onsite inclusionary housing
39 townhomes
Master Plan Approved
included in project.
100 mf units
Hotel SPAR Approved
Hotel
Phase I/II of SF
Office
Approved
Commercial
Phase III of SF
Outstanding
Townhomes
Outstanding
MF Units Outstanding
Commercial
Outstanding
23