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Agenda 12/16/2008 Item #10G EXECUTIVE SUMMARY Agenda Item No, 10G December 16, 2008 Page 1 of 39 Recommendation that the Board of County Commissioners approve the 2008 Incentive Review and Recommendation Report as required by Florida Statute 420,9076(4) and authorize the Chairman to sign an amended Impact Fee Deferral ordinance, OBJECTIVE: That the Board of County Commissioners (Board) approve the 2008 Incentive Review and Recommendation Report as required by Florida Statute 420.9076(4) and authorize the Chairman to sign an amended Impact Fee Deferral ordinance, CONSIDERATIONS: Section 420,9076(4) of Florida Statutes requires local governments participating in the State Housing Initiative Partnership Program (SHIP) to prepare a report every three years that shall review established policies, procedures, ordinances, land development regulations and the local Comprehensive Plan, The report is to be a joint effort between County staff and the Affordable Housing Advisory Committee. At the July 7, 2008 Affordable Housing Advisory Committee meeting, an agenda item was heard to discuss the required report. Following discussion, the Committee voted to move work on the report to the existing Workforce-Affordable Housing Incentive Subcommittee that had been actively engaged in reviewing various housing incentives. The subcommittee held ten (10) meetings and worked with staff from Housing and Human Services, Transportation, Impact Fees and Comprehensive Planning. A summary of the Affordable Housing Advisory Committee's findings and requested Board of County Commissioners' actions is listed in the table below: INCENTIVE REQUESTED BOARD ACTION Expedited Permitting No Board action requested at this time. Impact Fee Waivers and Modifications Amend existing ordinance for rental apartment dwelling units and/or CWHIP dwelling units to increase the deferral period from ten (10) years to fifteen (15) years. Density Flexibility No Board action requested at this time, Reservation of Infrastructure Direct the AHAC to work with County staff in drafting a report and proposal for the reservation of infrastructure to ensure there is sufficient capacity for future development of affordable housing, Accessory Dwelling Units Direct the AHAC to identifY areas within Collier County suitable for the inclusion of affordable accessory residential dwelling units (i,e. mother in,law suites), Parking and Setbacks No Board action requested at this time, Flexible Lot Configurations No Board action requested at this time, ~, Street Requirements ""~ No Board action requested at this time, Oversight (Ongoing) No Board action requested at this time. Land Bank Inventory No Board action requested at this time, Proximity The committee recommends that during discussion on density flexibility as discussed in section (c) of this report consideration be given to the proximity of affordable housing to major employment centers and public trdflsportation, Housing Trust Fund* Direct the AHAC to work with County staff in drafting a report and proposal for a dedicated funding source for the Housin!! Trust Fund. Transportation Enhancement* No action requested at this time, Infrastructure Investment* No action requested at this time. Inclusionary Zoning. Direct the AHAC to survey the community to assess the support of affordable-workforce housing through an inclusionary zoning incentive. Agenda Item No, 10G December 16, 2008 * Review of these incentives not required by Florida State Statute, The 2008 Incentive Review and Recommendation Report must be submitted to the Board of County Commissioners no later than December 31, 2008, Once presented, the Board of County Commissioners has until March 31, 2009 to recommend any amendments to the Local Housing Assistance Plan, shonld any changes be desired, At a minimum, section 420,9076(6) reqnires participants in the SHIP program to expedite permitting of affordable housing and provide an ongoing review of policies, procedures, ordinances, regulations or plan provisions that increase the cost of housing. Collier County currently complies with this requirement. FISCAL IMPACT: None, GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: Dependent on Board direction. STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners approve the 2008 Incentive Review and Recommendation Report as required by Florida Statute 420.9076(4) and authorize the Chairman to sign an amended Impact Fee Deferral ordinance. PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services Agenda Item No, 10G December 16, 2008 Page 3 of 39 Collier County Affordable Housing Advisory Committee 200S Incentive Review and Recommendation Report I. Backqround Information: On July 23, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91- 65 thereby establishing the local Affordable Housing Commission, codified as Chapter 2, Article VIII, Division 9 of the Code of Laws and Ordinances of Collier County, Florida, This Ordinance was subsequently amended as follows: . December 14, 2004 - Ordinance No, 04- 77: amended to include an alternate member . December 13, 2005 - Ordinance No. 05- 69: clarified and designated the appointment and composition, terms of office and functions, powers and duties of the Commission, On April S, 200S, the Department of Housing and Human Services presented, and the Board of County Commissioners approved, an additional amendment to the Ordinance to define the composition and criteria for membership in order to comply with the 2007 revisions contained in HB 1375, The amendment was adopted as Ordinance No. OS- 17. This amendment increased the number of members from nine (9) to eleven (11), established specific categories that must be represented by the membership and authorized any advertisement needed to seat a full eleven (11) member Affordable Housing Advisory Committee (AHAC), Ordinance No. OS- 17 requires membership be comprised as follows: . One citizen who is actively engaged in the residential home building industry in connection with affordable housing; . One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing; . One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing; . One citizen who is actively engaged as an advocate for low- income persons in connection with affordable housing; . One citizen who is actively engaged as a for- profit provider of affordable housing; . One citizen who is actively engaged as a not- for- profit provider of affordable housing; . One citizen who is actively engaged as a real estate professional in connection with affordable housing; . One citizen who actively serves on the local planning agency pursuant to Section 163,3174, Florida Statutes; . One citizen who resides within the jurisdiction of the local governing body making the appointments; . One citizen who represents employers within the jurisdiction; Agenda Item No, 10G December 16, 2008 Page 4 of 39 . One citizen who represents essential service personnel, as defined in the local housing assistance plan, The Collier County AHAC holds a meeting once per month. At the July 7, 2008 meeting, an agenda item was heard to discuss the required 2008 Incentive Review and Recommendation Report. Following discussion, the AHAC voted to move work on the report to the existing Workforce- Affordable Housing Incentive Subcommittee that had been actively engaged in reviewing various housing incentives. The subcommittee was formed in late 2007 with the goal of reviewing a draft of an Inclusionary Zoning Ordinance. A commonality was noted between the subcommittee work and that of the Economic Development Council's (EDC) Housing Stimulus Program, As such, the subcommittee began reviewing, evaluating and coordinating the work on the Housing Stimulus Program, as well as the Inclusionary Zoning Ordinance, During 2008, the subcommittee held ten (10) meetings, The following topic areas were addressed by the committee which formed a proposed Comprehensive Workforce- Affordable Housing Incentive Program. These incentives will be discussed in fuller detail later in this report. (1) Transportation Enhancement (2) Fee Payment Assistance (3) Infrastructure Investment (4) Density Bonus (S) Housing Trust Fund (6) Inclusionary Zoning Following the subcommittee's review and recommendations, a presentation was provided to the full membership of the AHAC. The AHAC voted to accept the report and recommendations from the subcommittee on December 1, 2008, Furthermore, the AHAC requested staff present the report to the Board of County Commissioners at their regularly scheduled meeting on December 16, 2008, Florida Statute 420.9076(4) requires, at a minimum, the AHAC to submit a report to the local governing body, that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives in the following areas: (1) Expedited Permitting, (2) Impact Fee Waivers or Modifications, (3) Density FleXibility, (4) Reservation of Infrastructure, (5) Accessory Dwelling Units, (6) Parking and Setbacks, (7) Flexible Lot Configurations, (8) Street Requirements, (9) Oversight, (10) Land Bank Inventory, and (11) Proximity, The complete report must be presented in a public forum no later than December 31, 2008. II. Public Hearinq: The Collier County 2008 Incentive Review and Recommendation Report was presented at two (2) separate public hearings, First, the Report was presented to the full membership of the Collier County AHAC on December 1, 2008, Second, the Report was presented to the Collier County Board of County Commissioners at a regular meeting on December 16, 2008. A copy of the draft report was also posted online at 2 Agenda Item No, 10G December 16, 2008 Page 5 of 39 the Housing and Human Services website at colliergov.netjhousing, The following is a summary of comments received during those public hearings: . First Public Speaker: Sheryl Soukup - Immokalee Non- Profit Housing o The current impact fee deferral program for rental apartment dwelling units requires repayment in ten (10) years, rather than fifteen (15) years like Low Income Tax Credit financing. Renters must absorb the additional costs, increasing the monthly rental payments, o Allocating only 225 rental units for impact fee deferral is not sufficient to meet demand if a large project or projects were to submit request in the same fiscal year, o If a Housing Trust Fund is established, a portion of funds should be used to assist with the deferral of impact fees for rental apartment dwelling units, o The reservation of infrastructure is an important issue right now in Immokalee. Esperanza Place is already feeling the impact of a shortage of available infrastructure for affordable housing, o Requiring a non- profit to go through a Community Planning Process, in addition to the existing Neighborhood Information Meeting, would add a cost and burden, Additionally, Immokalee Non- Profit Housing has held Neighborhood Information Meetings with no problems or community concerns, o Parking, setbacks and street requirements are currently an issue in Immokalee, . Second Public Speaker: John Barlow - Housing Opportunities Made for Everyone, Ine. o Currently there is a serious liquidity problem resulting in financial turmoil in the credit market, The changes in the real estate market will continue in the future. Due to the limited funding available from the County and State, the community should begin to look to HUD to provide the County with additional funding to assist with affordable- workforce housing. III. Incentives & Recommendations: a, Incentive: Expedited Permitting - The processing of approvals of development orders or permits, as defined in See. 163.3164(7) and (8), F.S, for affordable housing projects is expedited to a greater degree than other projects, Review Synopsis: The committee reviewed and discussed the current Resolution governing Expedited Permitting in Collier County, The committee noted the following: . Collier County Resolution No, 2005- 21 declared that the Growth Management Plan (GMP) Policy 2.5 requires guidelines be established that would provide for the expeditious processing of development orders and permits for affordable housing, Additionally, in order to comply with See. 420,9071 (16), F,S" the Board of County Commissioners desired to adopt as its policy, 3 Agenda Item No, 10G December 16, 2008 Page 6 of 39 specific procedures for expediting the review of development orders and permits for affordable housing projects to a greater degree than other reviews, . Collier County Resolution No, 2005.408 rescinded Resolution No, 2005- 21 in order to amend the procedures to match other expedited review programs administered by the County and that the procedures are appropriate for inclusion in the Collier County Administrative Code, . Collier County Resolution No. 2007- 176 amended the Expedited Permitting process to extend the program's benefit to providers of affordable- workforce housing serving families earning 150% or below median household income, The committee concluded that the current Expedited Permitting process is sufficient and is adequately expediting the review of development orders and permits for affordable housing projects, The committee notes that while the process is currently operating as intended, an increase in development review requests may increase processing times and cause undesired delays, One possible solution the County may consider is using third- party permit reviewers, The cost to employ the third party reviewer would be paid by the agency seeking approval and the County would implement random auditing to ensure program compliance, Recommendation: No changes at this time to the Collier County Expedited Permitting process, The committee considers the program to be operating as intended and the incentive effectively benefiting providers of affordable- workforce housing, In preparation of a future increase in expedited permitting requests, committee recommends County begin research on the use of third- party reviewers, Board Action: b, Incentive: Impact Fee Waivers and Modifications - The modification of impact. fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. Review Synopsis: The committee reviewed and discussed the current Affordable Housing Impact Fee Deferral program, contained in Article IV of Chapter 74 of the Code of Laws and Ordinances of Collier County, The current program provides for the deferral of impact fees for affordable- workforce housing, For owner occupied dwelling units, the deferred amount, plus any accrued interest, must be repaid when the home is sold, the first mortgage refinanced or the home is no longer granted a homestead exemption. Interest is computed at the rate of five (5) percent per annum, but in no event shall it exceed twenty- five (25) percent of the total deferred amount. For rental apartment dwelling units and/or CWHIP dwelling units, the deferred amount, plus any accrued interest, must be repaid ten (l 0) years from the date of the issuance of the first building permit for the project, 4 Agenda Item No, 10G December 16, 2008 Page 7 of 39 The committee considered the current program funding guidelines, The owner occupied deferral program is funded annually at a level equal to three (3) percent of the prior fiscal year's impact fee collections. The rental apartment dwelling unit and/or CWHIP deferral program is subject to a fiscal year limit of 225 units, Upon review, the committee noted that the current funding method may result in insufficient funds to meet future demand, Additionally, the fluctuation of impact fees collected makes it difficult to establish long term planning, resulting in a lack of program certainty or consistency, The program also places a burden on County departments when anticipated funding is deferred under the current program, Establishment of a separate funding source may resolve these difficult issues. Many non- profit agencies providing affordable rental apartment dwelling units rely on Low Income Tax Credit financing, Under such financing, the Tax Credit financing sunsets after fifteen (15) years. The committee recognizes a need to extend the deferral period for rental apartment units to fifteen (15) years to conform with the Tax Credit financing and make the project more affordable for the occupants. The committee recommends exploring options to establish a Housing Trust Fund with a dedicated funding source.. Such fund may be used to defer impact fees for owner occupied dwelling units, while the current program may be used to increase the amount of funding available for rental apartment dwelling units, Further discussion on funding a local Housing Trust Fund appears later in this report, Recommendation: Amend existing ordinance for rental apartment dwelling units and/or CWHIP dwelling units to increase the deferral period from ten (10) years to fifteen (15) years, Board Action: c. Incentive: Density Flexibility - The allowance of flexibility in densities for affordable housing. Review Synopsis: The committee reviewed and discussed the current Affordable Housing Density Bonus program, contained in Ordinance No. 90- 89, now codified by Ordinance No. 04- 41 , as Land Development Code (LDC) 9 2.06,00 et seq, which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. The committee concluded that the current Affordable Housing Density Bonus program lacks the certainty developers require when contemplating a new development, The number of allowable units oftentimes is not determined until after the developer has undergone a timely and costly approval process, Under the current process, the public has no certainty that the product that results from granting such a bonus 5 ----<_.,~....."_.._~ Agenda Item No, 10G December 16, 2008 Page 8 of 39 will be appropriately located, configured and designed to be in context with the surrounding area. Finally, the current methodology for determining acceptable ranges of density bonuses is confusing and overly complex. In order to better educate and involve the public in the process, the committee recommends that a Community Planning Process, similar to the current Neighborhood Information Meeting, become be a mandatory prerequisite for any denSity bonus request, The process should be led by the applicant and monitored by the County with the aim of making a best- case effort in reaching consensus between the community and the developer. In an effort to provide more certainty as to the number of allowable units and clarify the program, the committee recommends using the California Affordable Housing Incentives Guidelines as a model for amending the Collier County Affordable Housing Density Bonus program. The California model may be found at http://cityplanning,lacity,orgjCode_StudiesjHousi ngj DRAFTU PDA TEDAff ordHousingGuide,pdf, A copy of the complete model is attached to this report as back- up material. Recommendation: AHAC continue to work with County staff in reviewing the current Affordable Housing Density Bonus program and the process of a mandatory Community Planning Process. The results will be presented to the Board of County Commissioners at a later date for consideration, Board Action: d. Incentive: Reservation of Infrastructure - The reservation of infrastructure capacity for housing for very- low- income persons, low- income persons, and moderate- income persons. Review Synopsis: Collier County desires, as stated in Policy 2,11 of the Housing Element of the GMP, to "coordinate with local utility providers to ensure that the necessary infrastructure and facilities for new housing developments are in place, consistent with the County's Concurrency Management System", The committee discussed the need for the reservation of infrastructure and found that an appropriate amount of capacity should be reserved for future affordable housing, This requirement will ensure that adequate services will be available and also encourage concurrency throughout Collier County. Should a developer wish to request using the reserved capacity for development other than affordable or workforce housing, he may do so by paying a fee to the County or Housing Trust Fund to mitigate the reduction of the reserve, The committee acknowledges that a program to reserve infrastructure for future development will require a more detailed study and further consideration. 6 Agenda Item No, 10G December 16, 2008 Page 9 of 39 Recommendation: Direct the AHAC to work with County staff in drafting a proposal and report for the reservation of infrastructure to ensure there is sufficient capacity for future development of affordable housing, The proposal and report will be presented to the Board of County Commissioners at a later date for consideration, Board Action: e, Incentive: Accessory Dwelling Units - The allowance of affordable accessory residential units in residential zoning districts, Review SynopSis: The committee discussed the concept of accessory dwelling units and how they may assist in providing safe, decent and affordable housing in Collier County. The allowance of accessory dwelling units would not be appropriate in all areas of Collier County, The committee concluded that the use of these units, sometimes referred to as mother- in law suites, should be encouraged in areas that have sufficient capacity to support them; new construction developments may provide the best opportunity for inclusion of accessory dwelling units, Further research and discussion is required to determine how the inclusion of an accessory unit would affect density on the subject property, Additionally, the Land Development Code (LDC) and the Comprehensive Plan would have to be examined to identify current policies that would negatively impact or restrict the use of accessory dwelling units. Recommendation: Direct the AHAC to identify areas within Collier County suitable for the inclusion of affordable accessory residential dwelling units, The results will be presented to the Board of County Commissioners at a later date for consideration. Board Action: f. Incentive: Parking and Setbacks - The reduction of parking and setback requirements for affordable housing, Review Synopsis: The committee discussed the incentive of reduced parking and setback requirements for affordable housing. It was noted that a reduction in parking requirements in the urban areas, with mass transportation available, may be appropriate. In the rural areas the committee felt that the occupants of affordable housing would have parking needs similar to market rate housing, if not a greater need. Therefore, a reduction in parking requirements may not be an incentive. When considering the potential incentive of a reduction in the parking and setback requirements, the committee noted that such request should be made in the form of a deviation request, rather than a variance request. The committee believes consideration should be given to 7 Agenda Item No, 10G December 16, 2008 Page 10 of 39 deviations that further assist with the production of affordable housing so long as the end product's appearance is not significantly affected, Recommendation: Parking and setback incentives may be appropriate on a case- by- case basis, Deviations should be encouraged when the reduction of parking and setback requirements may contain the costs of providing affordable- workforce housing, Collier County recognizes the importance of providing affordable housing and has a Planned Unit Development (PUD) approval process that allows a developer to request necessary deviations_ Board Acti on: g, Incentive: Flexible Lot Configurations - The allowance of flexible lot configurations, including zero-Iot- line configurations for affordable housing, Review Synopsis: Collier County desires, as stated in Policy 2.4 of the Housing Element of the GMP, to "review existing codes and ordinances and amend them as needed to allow for flexible and innovative residential design", The committee believes that Collier County should continue to evaluate local ordinances and codes to ensure that flexibility in the design is available to those producing affordable housing, Recommendation: Flexibility in lot configurations of affordable housing should be evaluated on an on- going case- by. case basis, The committee recommends that the process continues to be embraced by Collier County during the Planned Unit Development (PUD) approval process, Board Action: h_ Incentive: Street Requirements - The modification of street requirements for affordable housing. Review Synopsis: Modification of street requirements within affordable housing developments may more easily be encouraged with new construction, The committee notes that given the structure of the Collier County road system outside of new construction developments, modification of street requirement would be difficult, The modification of street requirements is addressed in the Collier County Community Character Plan which should continue to be embraced, Recommendation: The modification of street requirements for affordable housing should be embraced, The modification of street requirements may be appropriate on a case- by- case basis, Collier County recognizes the importance of providing affordable housing and has a Planned Unit Development (PUD) approval process that allows a developer to request necessary deviations, 8 Agenda Item No.1 OG December 16, 2008 Page 11 of 39 Board Action: i, Incentive: Oversight (Ongoing) - The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing, Review Synopsis: Collier County currently has an established process whereby the local government, as well as the AHAC, considers, before adoption, policies, procedures, ordinances, regulation or plan provisions that increase the cost of housing, The committee determined the current process is functioning as intended, However, there may be additional opportunities to capture data relevant to providing affordable- workforce housing. Recommendation: The committee believes there are current controls in place to ensure adequate oversight of actions which increase the cost of providing affordable- workforce housing. The committee recommends exploring additional options to capture information that has a financial impact on providing affordable- workforce housing, Board Action: j, Incentive: Land Bank Inventory"" The preparation of a printed inventory of locally owned public lands suitable for affordable housing. Review Synopsis: House Bill 1363 amended Florida Statute 420,9076 to require the preparation of a printed inventory of locally owned public lands suitable for affordable housing, Collier County has completed this process and maintains a list of locally owned properties. The committee reviewed the incentive and found that the most recent printed list should be provided to the AHAC on a quarterly basis. Recommendation: The committee recommends that an updated printed inventory of locally owned public lands suitable for affordable housing be provided to the AHAC on a quarterly basis, Board Action: k, Incentive: Proximity - The support of development near transportation hubs and major employment centers and mixed. use developments, Review Synopsis: The committee considered the topic of proximity in Collier County and found that the lack of major transportation hubs makes this issue of little significance at this time, However, the committee concluded that consideration should be given to providing affordable housing near transportation when possible. Additionally, the committee concluded that Collier County currently encourages the use of mixed- use developments and locating affordable housing near major 9 Agenda Item No, 10G December 16, 2008 Page 12 of 39 employment centers, Permitting greater density when locating affordable housing near major employment centers should be encouraged, Recommendation: The committee recommends that during discussion on density flexibility as discussed in section (c) of this report consideration be given to the proximity of affordable housing to major employment centers and public transportation, Board Action: IV, Additional Recommendations: The committee recommends further investigation on the following topics: Incentive: Housing Trust Fund - Provide funds to mitigate the financial impediments to the production of affordable- workforce housing. Review Synopsis: The need for a dedicated funding source for incentivizing affordable- workforce housing should be considered a high priority, The funding source for the Housing Trust Fund should not negatively impact the County's funding, Furthermore, the use of funds should be determined by market demands and be evaluated on an ongoing basis, The Housing Trust Fund may be administered by a quasi. public entity and the committee would recommend it be modeled after the State Housing and Mortgage Finance Agency, Funding for the Trust Fund could be achieved by a combination of any of the following mechanisms: . Special Purpose Tax: 1. to Y, mil increase in real estate property tax earmarked for the Housing Trust Fund, This would require a public referendum such as Conservation Collier and Naples Zoo, . Tourist and Hotel Tax: Y, to 1 percent tax on hotel and resort accommodations and services, . Private Endowments: Private contributions and charitable fund raising. . Real Estate Transfer Tax: The state allows local governments to levy up to 1 percent tax on all transactions. This would require state and local approval. . Sales Tax: Levy a local special purpose sales tax, . Franchise Utility Tax: The state and FTC allow a special purpose franchise tax on utilities, . Residential and Commercial Linkage Fees: Assess a reasonable linkage fee to market rate housing and commercial development, . Inclusionary Zoning Opt Out Payments: If inclusionary zoning is instituted, opt out fees could be contributed to the Fund. The committee recommends an annual public hearing process, such as the HMFA's Low Income Housing Tax Credit Qualified Allocation Plan, to 10 Agenda Item No, 10G December 16, 2008 Page 13 of 39 - determine the best use of funds, Each year the fund administrator would conduct hearings and research to determine the highest priority needs in the market and target the distribution of the annual allocation in a competitive manner to achieve the greatest impact, Recommendation: Direct the AHAC to work with County staff in drafting a report and proposal for a dedicated funding source for the Housing Trust Fund, Board Action: Incentive: Transportation Enhancement - Provide relief from concurrency requirements for affordable- workforce housing development. --- Review Synopsis: The committee determined that the County already takes into account the reduced impact of affordable housing on traffic in its calculation methodology. The County also assesses transportation impact fees on a prorated schedule which favors affordable and low income housing. It appears that the County's highest priority is traffic concurrency and setting a precedent for relaxing this requirement would be highly unpopular, Additionally, any relief would only apply to infrastructure that was marginally overtaxed by proposed development and therefore would limit the benefit to a small percentage of developments, Recommendation: The committee recommends no action on this item at this time. Board Action: Incentive: Infrastructure Investmenf- Reduce the impact of infrastructure on the cost of developing affordable- workforce housing by utilizing excess tax revenue generated by a development to selVice bond financing. - Review Synopsis: The committee believes an infrastructure investment incentive would likely not be used by itself, It would most likely be included as part of a package of incentives and targeted to larger development projects. Providing this type of financing does not provide any benefit to the developer; the developer is actually at risk for the infrastructure cost until the community is revenue neutral. However, it does assist in reducing overall housing prices by utilizing future tax revenue to pay down debt on infrastructure. This allows the developer to provide affordable- workforce housing where it otherwise would be infeasible. The committee acknowledges that this will not likely be a popular program since it will require the County to forfeit a portion of the surplus of tax revenue generated by the new development. 11 Agenda Item No. 10G December 16, 2008 Page 14 of 39 Recommendation: An infrastructure investment incentive would target . large scale residential developments. If implemented it would likely be . modeled after a tax increment financing (TIF) mechanism. Unlike a TIF, it would be structured for a single purpose (infrastructure construction) and would sunset after the bonds are fully paid. The committee recommends no action on this item at this time. Board Action: Incentive: Inclus.ionary ~o,ning - Ensur?tl,~,~! all residential developments provide a mmlmum amoy. "raffordable- workforce housing in or near the new developm~"" Review Synopsis: The committ~~~rec()gnlzesltb,p.t the provision of affordable- workforce housing,rnr~stbe perceivepi9Y the public and local government as a high priori~itfirjcommunity ben'efit for this type of i!f':::"'/*.fjj~}1-{9- ";{:~f~f:;, program to be effective. 1.n.pl1;!sionary zoning regulatipt1s should set the ~,.;;:,,\$./.1'( .c.",>.~..{/;/../-", minimum expectation for tne0Bxoduction ~f affordabre;i~prkforce housing. The committee be Ii e"ves there n1~st be sufficie'otincentives and '1'%rd5~'_ ~~:%0'{;.~@}~% "('l",.j:;};% concessions guaranteed to the deVelop.ento"-t:over the costs'jof providing ,.,'r,/xw/~(<,,__ "2:;;:t;:p,.,>;(C:';:~~(>>/>'8;'i^ -.'<'1~?~';.<: the required units.''tf&C1qiti~nal incentjM~~ishould also be made. available to encourage addition~r\lunits on a volit6iary/discretionary basis. The . .~,fi~:B;', ~';:$.>X%::{?"::; _,'."{;{:WUi\ . most Important mcentlYewoul<ll?;pe a guar~nteed density bonus to make ProVidi~Q;~~:~i~~9uiredtji~i~S fth:f~,~j;~l"IY ~e~~t~l~ and ,allow for. a . reasonableretlJr'1., to the developer;provldmg.the Units. Any mcluslonary ,~<'~:';;I.{;:;.;.n:if.<::~" ~;,;:;:;~~~. ";:-~;-%:;"'" ..J'@/,,,7/.-::;(-:v;~%;;'}/<</"-";'II.,{:,;;::0 zon.i.ri'g'i;ij1'centive<'mu.st be f1eXible:'and"resp.onsive7<to the market. In order 1;,:;;i'iW:.,:,-,;/--:;;%<''';5?:;::#*:'.;;.;~>t-\{:.;W:;:;-:;'';;;f~v?'' ~':'<<~i;':?%,:"?,<:: " :'-~f<</ to PI"~~lee flexibili~~t~he dev~!~R:~t, should".~f~;~ffbrded the opportu~ity to locatetf'ieaffordablefworkforc~iunlts on- slte"or on a comparable site at a '-'~:;<:e-";{:;<-,, 0:~~:':>-';';:;:; '/;??!n::-~ /j;;h';:.F~~sonable8istalJs,~,.fr~m the proP9sed development. Finally, the ''''/<"/qg~~lgper~ftQI,II~I'p~!!giY'~rLtQe opf[oX} of developing hard units or opt- out bY'ma~tng a/c~~Hf;EontriH(ut((t19 th~'Jjousing Trust Fund. "~;1;~1~%:::~ '<t. ':.~~: ;'5::~:~. . '; Any inclusiQ'nC3,ry zo~!ng legislation must include at least the following ';1i%!~,)~cePts tO~lJGceecf;~~f" "!R~~iiA mandatg~,mini~um. amount o,f affordable- workforce housing ~;:,1that must l5e;reqUlred m all hOUSing developments. .';A;:d~nsitY>~Q[~us to support the mandate must be by- right. . TH'e'saenS"I'tY';;60nus must be greater than the number of affordable- 'Y"'?"';;c"}i'i'f<'" workfqt'it~housing units required. . An opt2POut provision must be included that is sufficient to cover the gap between the cost of developing affordable- workforce housing and the amount targeted populations can pay. . The regulations must be periodically reviewed to remain market sensitive. . Recommendation: Direct the AHAC to survey the community to assess the support of affordable- workforce housing through an inclusionary . 12 . . . Agenda Item No.1 OG December 16, 2008 Page 15 of 39 zoning incentive. The results will be presented to the Board of County Commissioners at a later date for consideration. Board Action: V. Board/Council Consideration: To be included following Board consideration. VI. Attachments: AHAC Membership Adopting Resolution Public Hearing Advertisement Resolution to adopt Incentives or Boar Resolution to amend LHAP (if applica .. 13 ..... ..... 0 C) N . c: .c Q) .- U- ti) 'C ... 0 :::1 "CoCca.., - CD:!::: 0_<< N 0 'E'C;:.c ClIt) .c~o.oi)LL >.0) J: ::I E <C _ li.:I: !tIo InCll:I:OQ.LL 2~ CD ..J2Cl1 CD Q. c: - .c .- J:: co..J C,,) 0) ... ~o !tI "C CD 2 .....0 MN .... E 0 ~ .- t:: .. I- 0 CCl ..... Q.- Gl C M <C Gl ClI E ,- 'C CD ... u C ... , co ::..2 C ... ClI C,,) ... Gl 0 0 "C CD Eo Gl>.c Q) 0 .c'" > 0 Cl N .... ::I o Cl c: .... In Cl CO .- E co 0 c: 0 E N CO ;::.!!!GlCl '> - 0 ClI ::I (/l C 0 '- "'C .- .- c.. 'CGlt::~ Z U Gl..cGlGl -U>..s:::: I CD .!!!(/l'Cu >,. Q. t:: ClI ,_ ...; > Eo'C:C C,,) .... o Q. 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'" '- OJ .;:: '" OJ :is ,:; <Ii .. - OJ = 0'2.\2223<<1 ,,0,7) '" <'6'..>' .$J -T "(i'~ (" .. I; l--lPR 2001; '<10 '" ~N - '" :!. INANCE OF THE BOARD OF COUNTY COMMISSIONERS ~~' ~EtEN~ 0 OLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO, ......, i? ,AS PREVIOUSLY AMENDED AND CODIFIED AS CHAPTER O'68l9S'I1" ,ARTICLE VIII, DIVISION 9 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PERTAINING TO THE AFFORDABLE HOUSING COMMISSION, BY AMENDING SECTION ONE TO RENAME THE AFFORDABLE HOUSING COMMISSION TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE; BY AMENDING SECTION TWO, ENTITLED "APPOINTMENT AND COMPOSITION," IN ORDER TO BE CONSISTENT WITH RECENT LEGISLATION ENACTED BY THE FLORIDA LEGISLATURE; AND BY AMENDING SECTION EIGHT, "DUTIES OF DEPARTMENT HEADS," TO CORRECTLY REFERENCE THE DIRECTOR OF HOUSING AND HUMAN SERVICES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE, Agenda Item No.1 OG December 16, 2008 Page 17 of 39 ORDINANCE NO. 2008- ~ ~._~ ;... ,;-,~ ,,-. = -, ".. -n -ry ,..- :0 .- " ~~;~:; i - ~~ n i'n '-'1 S; . " --,: ~J , .. .....'1 '.-; -- .,0 (--;:1_.' j,.[""'I1 WHEREAS, on July 23, 1991, the Board of County Commissioners adopted Ordinance No. 91-65, establishing the Collier County Affordable Housing Commission ("Commission"); codified as Chapter 2, Article VIII, Division 9 of the Code of Laws and Ordinances of Collier County, Florida, which Ordinance subsequently was amended by Ordinance Nos. 04--77 and 05- 69; and WHEREAS, in 2007, the Florida Legislature amended Section 420.9076, Ftorida Statutes. as it relates to the Affordable Housing Advisory Committee, by increasing the required membership and revising membership criteria; and W~EAS, the Board of County Commissioners desires to amend Ordinance 91-65, as previously amended, to provide consistency with these revised statutory provisions, to change the name of the Co~mission to the Affordable Housing Advisory Committee, as such committee is referred to in the Statute; and amend Section Eight of the Ordinance, "Duties of Department , Heads," to correctly reference the Director of Housing and Human Services. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE, Collier County Ordinance No, 9t-65, as amended, is hereby amended to read as follows: SECTION ONE. Creation of the Affordable Housing Advisory Committee CBmmissisR. The Affordable Housing Advisory Committee CSffiffl.iasisfl (hereinafter referred to as the "Committee" "C8J1lmissi8Fl" is hereby created, SECTION TWO. Appointment and Composition. A. The Committee CSffifRissisR shall be composed of fti..Re-.t9:) eleven 0l.1 voting members and one (l) Alternate member, of which the Board of County Commissioners shall appoint ~ nine (9) members, as well as iR61uEl.iRg the Alternate member, t.. 8 sf "hish ffiHst Ii' e if! lAB RHftll Area (East sf Callier Words Underlined are added; Words Slniel: ThrBl:I.gh arc deleted. Page 1 of 5 B..I.', ...~), ..~ one of""'" Wif!! must be a resident of Immokalee. The Naples City Council shall appoint two members. The Alternate member shall serve in a voting capacity only when a regular member is absent from a meeting. The Committee CBIRmis.&ieR shall be 6Bm~Asea comoosed of members from the County~at~large, the City of Naples-at.large, tAB ae\'l:!ls]3RU!lRt 681T1ff1HRity. afferel.able R8using ,us'ideFC, HRI:lRsiaJ iR6titl:llieHS, the legal f1fBFeBsisA aRa ~ and shall be comorised as follows: (1) One citizen who is activelv eneal!cd in the residential home buildinl! industry in connection with affordable housin!!. (2) One citizen who is activelv enl!a!!ed in the bankinl! or mortl!al!C bankine industry in connection with affordable housine:. (3) One citizen who is a reoresentativc of those areas of labor actively enga2ed in home buildim! in connection with affordable housin g. (4) One citizen who is actively engal!ed as an advocate for low-income oersons in connection with affordable housiml. (5) One citizen who is activelv enQ'ae:cd as a for-orofit orovider of affordable housinl!. (6) One citizen who is actively emr8iled as a not-for-orofit provider of affordable housim!. (7) One citizen who is actively en2:aged as a real estate vrofessional in connection with affordable housinf!.. (8) One citizen who actively serves on the local olannine- agency pursuant (0 Section 163.3174. Florida Statutes. (9) One citizen who resides within the iurisdiction of the local governin!! body rnakine: the aooointments. (10) One citizen who reJ>resents emoloyers within the iurisdiction. ell) One citizen who represents essential services Dersonnel. as defined in the local housim! assistance olano B. Members of the Committee COffimissic)A appointed by the Board of County Commissioners shall serye at the pleasure of the Board of County Commissioners and members appointed by the Naples City Council shall serve at the pleasure of the Naples City Council. Said members shall be permanent residents and ejectors of Collier County. C. Appointment of members to the Committee Csmm.iBsisA shall be by resolution of the Board of County Commissioners and the Naples City Council, respectively, which resolutions shall set forth the date of appointment and term of office. SECTION THREE, Tenns of office, Words Underlined are added; Words Strosl: Tl:1rsHgk are deleted. Page 2 of 5 Agenda Item No. 10G December 16, 2008 Page 18 of 39 Agenda Item No, 10G December 16, 2008 Page 19 of 39 The initial terms of office of the Affordable Housing Advisorv Committee CemmissisR members shall be as follows: A. The Board of County Commissioners shall appoint: 1) Two members to serve for one year. 2) One member to serve for two years. 3) Four members to serve for three years. B, The Naptes City Council shalt appoint: 1) Two members to serve for three years. Thereafter, each appointment or reappointment shall be for a term of three years. A member of the Committee eeffiFfliBsisR may be reappointed by the Board of County Commissioners or the Naples City Council, as applicable. for one successive term. Provided. however. other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the Committee eemmiBsicrn shall be for the remainder of the unex.pired term of office. SECTION FOUR. Removal from office; faiture to attend meetings, A. Any member of the Affordable Housing Advisorv Committee 88H1.missisH may be removed from office, with or without cause, by a majority vote of the governing body appointing said member. B. If any member of the Committee eSffiffiissien fails to attend two (2) consecutive Committee 68FJlH'lissisH meetings without a satisfactory excuse or if a member is absent from more than one-half of the Committee's e8fflH1issisH'/i meetings in a given fiscal year, Lhe Committee GomRlissiElR shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners or the Naples City Council, as applicable. SECTION FIVE, Officers; quorum; rules of procedure, A. Annually the membership of the Affordable Housing Advisory Committee 88HtfRissisFl shall elect a chainnan and vice-chairman from among the members. Officers' terms shall be for one year with eligibilit}t for reelection. B. The presence of six .w..e or more members shall constitute a quorum of the Committee eSffilRiasisR necessary to take action and transact business. In addition, an affirmative vote of six ft.ve or more members shall be necessary in order to take official action, regardless of whether six. fWe or more members of the Committee sS1RJRi!isie-F1 are present at the meeting. . C. The Committee €SJRfftissieR shall. by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and detenninations. Copies of all Words Underlined are added; Words SlFUSl~ Thrst:lga are deleted. Page 3 of 5 Agenda Item No, 10G December 16, 2008 Page 20 of 39 Committee 68HlffiissiBR minutes, resolutions, reports, and ex.hibits shall be submitted to the Board of County Commissioners and the Naples City Council. D. All Committee eSff!.fIIissieR meetings shall be open to the public. SECTION SIX. Reimbursement of expenses. Members of the Affordable Housing Advisory Committee sElFRFJlissieA shall serve without compensation. but shall be entitled 10 receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of both the Board of County Commissioners and the Naples City Council. SECTION SEVEN, Functions. powe" and duties, The functions, powers and duties of the Affordable Housing Advisory Committee CSlfl.missiSR shall be as follows; (1) The Committee GOlfl.fRissieR shall monitor and advise the Board of County Commissioners and the City Council regarding the goals. objectives, and policies of the County's housing dement in the County's Growth Management Plan and the City's Comprehensive Plan, and any other program, means, or directives which would assist or encourage the provision of affordable housing in Collier County and its municipalities. (2) The Committee G8ffilTlissioR shall investigate a plan for any linkage and inclusionary zoning recommendations consistent with the housing element of the Growth Management Plan of Collier County. (3) The Committee s8R'lmiGGisA shall review and determine the effect of proposed ordinances on affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council, as appropriate. (4) The Committee eSfRfflissiSR shall review and comment on the Coumy's federal entitlement grant programs, policies, and proposals. (5) The Committee sBFRmissiSR shall recei ve a presentation from all applicants seeking rezoning approval by the Board of County Commissioners. (6) The Committee s8FAfflissiSR shall investigate any other relevant areas so directed by the Board of County Commissioners. SECTION EtGHT, Dulies of department heads, The duties of the Director of Housin~ and Human Services BfJem~eRal Sl:lflf18Ft RAE! AB!.lsiRg Eiireetar and the Naples Community Development Director, or their designees. shall be; Words Underlined are added; Words Stnlsl: TRrsl:I.gl=l. are deleted. Poge 4 of 5 Agenda Item No, 10G December 16, 2008 Page 21 of 39 (1) To administer the activities of the Affordable Housing Advisorv Committee eSfflmisaisR in accordance with established policies of the Board of County Commissioners and the Naples City Council and guidelines adopted by the board and the council. (2) To provide periodic written reports [0 the Committee commissisft, the county administrator, the city manager, the Naples City Council and the Board of County Commissioners on the Growth Management Plan of each jurisdiction. (3) To attend all Committee s81'Rmissien meetings. SECTION NINE. Review process. This Affordable Housing Advisorv Committee sOfRmissisA shall be reviewed once every four years commencing in 1995, in accordance with the procedures contained in division 2 of this article. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES, The provisiuns of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County. Florida. The sections of the Ordinances may be renumbered or re.Jettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or an yother appropri ate word. SECTION THREE: CONFLICT AND SEVERABILITY, In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional hy any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE, This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Cnmmissioners of CoUier County. Florida, this 8th day of April, 2008, ATTEST: DWIGHT E. BROCK, Cterk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:~k ro HE G, Chairm~ Th;s o,dl""nce f' L~ iIItI> fht' lfam"''Y ofAA1.' ,01...._"" day otr..lf'U.L." ' ~ and "'*'-, ,.~~'" ~I~~Y By: {Jl111 ;!tJ~)".{)L. Attest "to Cb" "eputy Clerk tlgq~ ~~~ form and leg su 1 cy: Words Underlined are added; Words ,strueh TRf81:l.gn are deleted. Page 5 of 5 Agenda Item No, 10G December 16, 2008 Page 22 of 39 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2008-17 Which was adopted by the Board of County Commissioners on the 8th day of April, 2008, during Regular Session, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 2008, DWIGHT E. BROCK Clerk of Courts and'Clerk Ex-officio to Board of,' County Commissioners Cuw ~l.d~, By: Ann Jennejohrt, Deputy Clerk Agenda Item No, 10G D 16,2008 of39 Collier County Government Communication & Customer Relations Department 3301 East Tamiami Trail Naples, FL 34112 Contact: John Torre Director (239) 252-8999 W\\'W .collien!ov .net November 21, 2008 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING AFFORDABLE HOUSING ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA MONDAY, December 1, 2008 3:00 P,M, Notice is hereby given that the Affordable Housing Advisory Committee will meet Monday, December 1st at 3:00 p,m, in City of Naples City Hall, the second floor of the City Hall multi-media room, located on 735 8th Street South, Naples, FL 34102. Please be advised that during this meeting the Affordable Housing Advisory Committee will be discussing the 2008 Incentive Review and Recommendation Report, This report shall then be presented to the Board of County Commissioners at their regular meeting on December 16, 2008, In regard to the public meeting: All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the meeting, All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Any person who decides to appeal a decision of the Board of County Commissioners or quasi-judicial board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Ordinance No. 2004,05, as amended, requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance, Please contact the Collier County Facilities Management Department located at 3301 E. Tamiami Trail, Naples, FL 341] 2, (239) 774-8380; assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call 252-HOME, -End- Agenda Item No, 10G December 16, 2008 lP'P'b'hatx"/il9 Page I Proposed Guidelines for Discussion AFFORDABLE HOUSING INCENTIVES GUIDELINES Implementing the State Density Bonus Law California Government Code Section 65915 Agenda Item No, 10G December 16, 2008 Ap'ilb'hilJix0fi39 Page 2 TABLE OF CONTENTS I. Scope and Purpose II. Definitions III. Density Bonus and Set-Asides (See Appendix for Examples) IV, By-Right Incentives V, Other Affordable Housing Incentives VI. Procedure for Projects Requesting Incentives/Concessions VII. Design Standards for Affordable Units VIII. Affordability Requirements (See Appendix for Household Income, Maximum Rents and Purchase Prices) IX, LAHD Monitoring Requirements X, Procedure for Obtaining Housing Department Sign-Off for Building Permit Application XI. Contact Information XII. Appendix Percentage of Set-Aside Units and Corresponding Density Bonus Sample Set-Aside and Density Bonus for 10-Unit Building Sample Set-Aside and Density Bonus for 50-Unit Building Sample Set-Aside and Density Bonus for 10-Unit Building With 10% Transit Incentive Sample Set-Aside and Density Bonus for 50-Unit Building With 10% Transit Incentive Household Income for Set-Aside Units - Updated for 2005 Maximum Rents for Set-Aside Units - Updated for 2005 Maximum Purchase Price for Set-Aside Units - Updated for 2005 Agenda Item No, 10G December 16, 2008 APaoe 2G QU9 ppenalx-lr Page 3 AFFORDABLE HOUSING INCENTIVES GUIDELINES I. SCOPE AND PURPOSE As required by State law, the Municipal Code implements the State's density bonus provisions by setting forth the density bonus program requirements, incentives and procedures, These Guidelines more fully describe the density bonus provisions and qualifying criteria; the incentives available to qualifying projects; and the procedures whereby projects may apply for a bonus and incentives. The Guidelines may be modified by resolution of the Planning Commission. II. DEFINITIONS Area Median Income (AMI) - The estimate of median income in the Los Angeles - Long Beach Primary Metropolitan Statistical Area that is determined periodically by the US Department of Housing and Urban Development (HUD), adjusted for household size and which is published periodically. Density Bonus -- A density increase over the otherwise maximum allowable residential density pursuant to California Government Code Section 65915, The density bonus shall apply to housing developments consisting of three or more dwelling units, Incentive or Concession - A reduction in a development standard or a modification of the Zoning Code, Moderate Income, Lower Income and Very Low Income - Annual income of a household that does not exceed the Area Median Income for the income category as specified in the California Health and Safety Code Sections 50079,5 and 50105, (See Appendix for Annual Household Income Levels) Mass Transit Station - A transit stop for a fixed rail system or Major Bus Center. A station is one that is currently in use, whose location is proposed and for which a full funding contract has been signed by all funding partners, or one for which a resolution to fund a preferred alignment has been adopted by the Los Angeles County Metropolitan Transit Authority, Major Bus Route - A bus route with peak-hour headways of 15 minutes or less in two directions for 2 of the 3 hours between 4:00 p,m, and 7:00 p,m, Senior Citizens - Individuals who are at least 62 years of age, except that for density bonus projects of at least 35 dwelling units, a threshold of 55 years of age may be used, provided all applicable City, State and federal regulations are met. Agenda Item No, 10G December 16, 2008 AP'ii!?naIx0f339 Page 4 III, DENSITY BONUS AND SET-ASIDES (SEE APPENDIX FOR EXAMPLES) Density bonus provisions apply to projects of 3 or more units, Projects qualify for a 20% density bonus, if they provide the following tenant set,asides for a period of at least 30 years, as established by State Law: . 5% of the dwelling units for Very Low Income households, earning no more than 50% of the AMI and paying no more in rent than the amount established by LAHD for households earning up to 50% of the median income, OR . 10% of the dwelling units for Lower Income households, earning no more than 80% of the AMI and paying no more in rent than the amount established by the Los Angeles Housing Department (LAHD) for households earning up to 60% of the median income. Projects may qualify for an additional density bonus to a maximum of 35% provided the number of set-aside units are increased as follows: . For each 1 % increase in the percentage of Very Low Income affordable units, projects will receive an additional 2,5% density bonus up to a maximum of 35%, . For each 1 % increase in the percentage of Lower Income affordable units, projects will receive an additional 1 ,5% density bonus up to a maximum of 35%, Projects qualify for an additional 10% density bonus up to a maximum of 35% if they are located on or near a transit corridor or major employment center (see By-Right Incentives, beiow). Senior Housing Projects State law provides an automatic 20% density bonus for housing projects that set-aside 100% of the housing for senior citizens, There are no income or rent restrictions for this bonus. As an incentive to provide affordable housing for seniors, senior housing projects that set aside at ieast 10% of the units for Lower Income seniors or 5% of the units for Very Low Income seniors will qualify for an additional 15% density bonus, for a total density bonus of 35%. All senior housing projects are required to sign a Covenant with the Los Angeles Housing Department assuring that the units are restricted to seniors for a period of 30 years, For-Sale Condominium Developments Condominium developments that set-aside 10% of the dwelling units for buyers who meet the criteria of Moderate Income households (earning no more than 120% of AMI) will qualify for a density bonus of 20%, For each additional 1 % set-aside, the developer may receive an additional 1 % density bonus up to a maximum of 35%. It is the intent of this program that these units will be owner-occupied, The owner of the set-aside unit can sell that unit any time at an unrestricted price. At the time of sale, the owner can recoup his/her down payment, and the value of any improvements, but any profit must be shared with the City, The City's share is equal to the percentage by which the initial sale price to the Moderate-Income Household was less than the fair market value of the home at the time of the initial sale. These funds are to be used within three years for the construction, Agenda Item No, 10G December 16, 2008 "pace 28 oU9 -",ppenolx-.tr Page 5 rehabilitation, or preservation of affordable housing for Extremely Low, Very Low, Lower, and Moderate-Income persons or families, The Los Angeles Housing Department (LAHD) will develop additional guidelines to implement this provision of State law, Donation of Land in Lieu of Set Aside State law permits an applicant for a subdivision, parcel map or other residential development approval to obtain a 15% density bonus, if the applicant donates land to the City that meets, at a minimum, the following criteria: . The developable acreage and zoning of the land being transferred are sufficient to permit construction of at least 10% of the number of residential units in the proposed development. . The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, . The transferred land is within the boundary of the proposed development, or with the City's agreement, within Y. mile of the development. · The transferred land is fully entitled to permit the number of required affordable units, · The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map or residential development application. For each additional 1% land donated, the applicant may obtain an additional 1% density bonus up to a maximum of 35%, Also, an applicant may receive a density bonus for setting aside affordable units within the development project with the total bonus not to exceed 35%, Density Bonus Calculation The number of set-aside and density bonus units is based upon the maximum density allowed in the zone, State law requires that all density and set-aside calculations resulting in a fractional number be rounded up to the next whole number, For example, a 5,000 square foot lot in the R3 zone would permit 6 units (not 7 since the maximum density allowed is not "rounded up"), A 20% bonus would allow 2 extra units (1.2 is rounded up to 2 extra units). The required set-aside for Very Low Income households would be 1 unit (5% of 6 is ,03, which is rounded up to 1,) Term of Affordability All Lower and Very Low Income rental density bonus units must remain affordable for 30 years (or longer, if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program,) LAHD has determined that equity sharing is the preferred method of ensuring ongoing availability of affordable housing upon re-sale of affordable restricted its, LAHD will be preparing implementing guidelines for the re-sale of Moderate, Lower and Very Low Income restricted units, Agenda Item No, 10G December 16, 2008 A'p"pt?na?x0fi39 Page 6 Certified Local Coastal Plans The density bonus proscribes does not apply to any property located within the boundaries of a Certified Local Coastal Plan. IV. BY-RIGHT INCENTIVES Parkinq, State law provides parking standards that may be requested by a developer of a density bonus project and that the City must grant if requested, These standards apply not oniy to the restricted affordable units (the set-aside units) but aiso to the entire project. These standards are inclusive of handicapped and guest parking and are as follows: . 0 - 1 bedrooms: one onsite parking space . 2 - 3 bedrooms: two onsite parking spaces . 4 or more bedrooms: 2Y:z parking spaces If the total number of spaces required in the development results in a fractional number, it is rounded up to the next whole number. Tandem parking and uncovered parking are also permitted to meet these parking requirements. Transit Corridor / Maior Em%vment Centers, Projects that meet the following criteria wili be granted an additional 10% density bonus, up to a maximum of 35%: . At or within a 1,500 foot radius of an existing or fully funded major bus center, bus stop along a major bus route (defined as a bus route with peak-hour headways of 15 minutes or less in two directions in at least two of the three hours between 4:00 p,m, and 7:00 p,m.), or mass transit station; or . At or within a 1,500 foot radius of an intersection of transit priority arterials; or . In or within a 1,500 foot radius of the boundaries of a regional center; or . In or within a 1,500 foot radius of boundaries of a major economic activity area (LAX, the Port of Los Angeles and Downtown); . Within 1,500 feet of the boundaries of a college or university with an enrollment exceeding 10,000 students, V, OTHER AFFORDABLE HOUSING INCENTIVES In conformance with State law, at least one incentive or concession, in addition to the density bonus, must be provided to projects that set aside affordable units. The number of incentives increases as the percentage of set.aside units increases, as follows: Very Low Income Househo/ds: . One Incentive/Concession - 5% set-aside . Two Incentives/Concessions - 10% set-aside . Three Incentives/Concessions - 15% set.aside Low Income and Moderate Income Househo/ds: . One Incentive/Concession - 10% set-aside . Two Incentives/Concessions - 20% set-aside . Three Incentives/Concessions - 30% set-aside Menu of Incentives/Concessions Agenda Item No, 10G December 16, 2008 paoe 30 oi.39 nppenctlX'tr Page 7 Projects may request one or more of the following incentives or concessions, depending upon the income level of the targeted households and the percentage of set-aside units, in order to provide the affordable units: · Up to 20% deviation from yard/setback requirements · Up to 20% deviation from lot coverage requirements . Up to 20% deviation from lot width requirements . Up to 20% deviation from floor area requirements . Up to 20% deviation from open space requirements · Up to 20% additional building height, with the exception of properties within a Specific Plan for which 10% additional building height will be permitted . Include area of street and alley dedication for purposes of calculating density . A reduction or waiver in parking to include: o A reduction in parking requirements to not less than 1 parking space per restricted dwelling unit irrespective of the number of habitable rooms, o A reduction in parking requirements to not less than Y, parking space per dwelling unit for dwelling units restricted to Very Low or Low Income senior citizens, VI. PROCEDURE FOR PROJECTS REQUESTING INCENTIVES/CONCESSIONS For projects requesting a density bonus and one or more incentives included in the Menu of Incentives/Concessions above, the following procedures shall apply: . The applicant shall pay the required fee, complete the appropriate environmental clearance and the required formes) and submit the following to the Department of City Planning: (Note: density bonus projects are eligible for processing by the Expediting Unit, with payment of the appropriate fees,) o A summary of the project including location, number and type of housing units, including affordable units and bonus units o A parcel profile printout from the Zoning Information Map Access System (ZIMAS) confirming eligibility for the transit corridor incentive (if requested,) o The rationale and accurate supporting information, sufficient to demonstrate that the specific request is necessary to make the affordable units feasible. o A site plan including floor plans and elevations of the project. The drawings must clearly and completely illustrate the intent of the project and the necessity of the incentive requested, o Photographs of the entire site and surrounding properties, Agenda Item No, 10G December 16, 2008 paoe 31,of..39 ",ppenulx- J:I- Page 8 o Information that the proposed project has no adverse impact on an Historic-Cultural Monument as declared by City, State or Federal government. . The Director of Planning or his/her designee will review the information provided and issue a determination based on State law and these Guidelines. . In conformance with State law, denial of a request must include documentation that either the concession or incentive is not required to provide for affordable housing, or the concession or incentive will have a specific adverse impact upon public health and safety, on the physical environment or on a property that includes an Historic-Cultural Monument as declared by the City, State or Federal government, and there is no way to reasonably mitigate or avoid the adverse impact without making the project unaffordable to Moderate, Lower or Very Low Income Households, . Notice and Appeal. Notice of the determination will be provided to the applicant and all owners of properties abutting, across the street or alley from, or having a common corner with the subject property, The determination by the Director of Planning is final unless appealed to the Area Planning Commission within 15 calendar days of the date of mailing, Only the aggrieved applicant and abutting owners who received notice of the determination have the right to appeal. The decision of the Area Planning Commission is final. For projects requesting an incentive/concession not on the Menu of Incentives/Concessions or a waiver of a development standard, the following procedures shall apply: . The applicant shall pay the required fee, complete the appropriate environmental clearance, complete the required form(s) and submit the information listed above for projects requesting an incentive on the Menu, . Hearing and Notice, The Director of Planning or designee will set the matter for public hearing at which evidence will be taken, Written notices shall be mailed, at least 24 days prior to the date of the hearing, to the Certified Neighborhood Council, applicant, property owners and occupants of property within 500' of the property that is the subject of the request. . The Director of Planning or his/her designee will prepare a report for the City Planning Commission with conclusions and recommendations, The City Planning Commission decision may be appealed to the City Council. . In conformance with State law, denial of a request must include documentation that either the concession or incentive is not required to provide for affordable housing, or the concession or incentive will have a specific adverse impact upon public health and safety, on the physical environment or on a property that includes an Historic-Cultural Monument as declared by the City, State or Federal government, and there is no way to reasonably mitigate or avoid the adverse impact without making the project unaffordable to Moderate, Lower or Very Low Income Households, VII, DESIGN STANDARDS FOR AFFORDABLE UNITS Agenda Item No, lOG December 16, 2008 AP~enit'x"B39 Page 9 Design of Affordable Units in Mixed-Income Projects Affordable dwelling units shall be generally comparable to market rate dwelling units, including total square footage, bedroom size, closet space amenities, number of bathrooms, etc., except in the quality of interior "finish" materials (e,g" floor and wall coverings). Affordable units should be no less than 90% of the average square footage of the market rate units with the same number of bedrooms, The design of restricted dwelling units should generally reflect the average number of bedrooms per dwelling unit in the deveiopment. Location of Affordable Units within Mixed-Income Projects Affordabie dwelling units must be reasonably interspersed among market-rate dwelling units within the same building, Equal Distribution of Amenities Residents of affordable dwelling units may not be charged for amenities that are provided at no cost to other residents including, but not limited to, access to recreational facilities, parking, cable TV, and interior amenities such as dishwashers and microwave ovens, Optional services provided must be optional for all residents, and available to all under the same terms and conditions. Tenants of restricted units cannot be required to purchase additional services, VIII, AFFORDABILlTY REQUIREMENTS (SEE APPENDIX FOR HOUSEHOLD INCOME, MAXIMUM RENTS AND PURCHASE PRICES) The Los Angeles Housing Department (LAHD) establishes the affordability restrictions on househoid income, based upon State law, These restrictions are subject to annual review and an owner can contact LAHD directly to receive the current restrictions, The examples provided in the Appendix (Section XII of these Guidelines) are for calendar year 2005 and represent the maximum that may be charged to Moderate, Lower and Very Low Income residents, For all questions about affordability requirements, contact LAHD at (213) 806-8806, IX. LAHD MONITORING REQUIREMENTS All projects shall comply with the annual monitoring requirements established by LAHD by means of a Covenant and Agreement. It is the responsibility of the owner to notify LAHD of any changes in the building that may affect compliance, such as change of ownership, management agent or on-site manager, vacancies in restricted units, or changes in compliance with the Los Angeles Department of Building and Safety (LADBS) requirements, The following are LAHD requirements (a complete list is found in the LAHD Covenant): . LAHD reviews all initial tenants' eligibility for affordable, set-aside dwelling units prior to occupancy . LAHD annually reviews tenants' eligibility for affordable dwelling units, Agenda Item No, 10G December 16, 2008 1'p"~(h~rx0f339 Page 1 0 . Building owners must provide LAHD with an annual review letter identifying the number of restricted dwelling units, household income and size, rent levels, dwelling unit size and verification of vacancies, LAHD may at any time audit a building containing restricted units to monitor the occupancy of these units, . LAHD may make annual site visits to ensure that the restricted dwelling units are maintained in decent, safe and sanitary condition and that they are provided with the same level of services, including security and maintenance, as are applied to the other dwelling units in the development. . If violations are found, fees and/or fines may be levied against the owner including the cost of legal action, X, PROCEDURE FOR OBTAINING HOUSING DEPARTMENT SIGN-OFF FOR BUILDING PERMIT APPLICATION . In the plan check process, LADBS determines the allowable density, . LADBS requires a building permit applicant to get a "sign-off' from various City departments, including LAHD, and provides the applicant a "Clearance Summary Worksheet" for this purpose, . If the project has obtained additional incentive(s) or relief from a development standard, documentation provided by the Department of City Planning should be presented to Building and Safety in the plan check process, . Owner or his/her representative provides the following information to LAHD, in order for an Agreement Containing Covenants Affecting Real Property (Covenant) to be prepared: o Copy of the LADBS Clearance Summary Worksheet o Copy of the LADBS "Application for Building Permit and Certificate of Occupancy" o Address of site o Full legal description of property as specified in the grant deed o Property owner's name, address and telephone number o Name and title of individual signing the Agreement on behalf of the owner o Name, address and phone number of owner's representative o The incentives being requested and those that require a Covenant o The original number of units permitted by the zoning, before bonus o Number of units and bedroom mix of units o Number of restricted, set-aside units and number of bedrooms contained in each . LAHD confirms the required number of the restricted affordable units, as specified in the Zoning Code based upon the LADBS Clearance Summary Worksheet, or as required by the Planning Department, and assures that the set,aside units meet all requirements established by these Guidelines . LAHD determines the rent level or purchase price of the restricted affordabie units and prepares a Covenant that establishes the number of such units, the affordability level and the term of affordability, Agenda Item No, 10G December 16, 2008 AP~'hMxOW9 Page I I · The owner signs the Covenant and has it notarized, LAHD then completes the electronic sign-off of the building permit application and has the Covenant recorded by the County of Los Angeles, . LAHD refers the applicant to LADBS to complete the permitting process, Prior to the issuance of any Certificate of Occupancy, the following clearance must be obtained: · Final clearance from LAHD that all conditions of the Agreement Containing Covenants Affecting Real Property have been met. XI. CONTACT INFORMATION Los Angeles Housing Department Occupancy Monitoring Section 1200 W. yth Street, 9th Floor Los Angeles, CA 90017 (213) 808-8806 Department of City Planning City Hall, 200 N, Spring Street, Room 721 Los Angeles, CA 90012 (213) 978-1372 Los Angeles Department of Building & Safety 201/221 N. Figueroa Street Los Angeles, CA 90012 (888) 524-2845 Agenda Item No, 10G December 16, 2008 Ap"~tlrx"f339 Page 12 XII. APPENDIX PERCENTAGE OF SET-ASIDE UNITS AND CORRESPONDING DENSITY BONUS VERY LOW INCOME HOUSEHOLDS EARNING LOWER INCOME HOUSEHOLDS EARNING 50%- <50% AMI 80% AMI Set-Aside Units Densitv Bonus Set-Aside Units Densitv Bonus 5% 20,00% 10% 20,00% 6% 22.50% tl% 21.50% 7% 25,00% 12% 23,00% 8% 27,50% 13% 24,50% 9% 30,00% 14% 26,00% 10% 32,50% 15% 27,50% 11% 35,00% 16% 29,00% 17% 30,50% 18% 32,00% ]9% 33,50% 20% 35,00% SAMPLE SET-ASIDE UNITS AND DENSITY BONUS FOR 10-UNIT BUILDING VERY LOW INCOME HOUSEHOLDS EARNING <50% AMI 10 UNITS ALLOWED BY THE ZONING Set-Aside Units Bonus Units Total Proiect Units Calculation Units Calculation Units 5%xtO~.50 t 20% x to ~ 2,00 2 12 6% x 10 - ,60 t 22,5% x t 0 ~ 2,25 3 13 7% x 10 ~ ,70 1 25% x 10 ~ 2,50 3 t3 8% x 10 ~ ,80 1 27,5% x 10 ~ 2,75 3 13 9% x 10 ~ ,90 1 30% x 10 ~ 3,00 3 13 10%xl0-1.0 t 32.5% x 10 - 3,25 4 t4 tt%xtO~t.1 2 35% x 10 - 3.50 4 14 LOWER INCOME HOUSEHOLDS EARNING 50%-80% AMI 10 UNITS ALLOWED BY THE ZONING Set-Aside Units Bonus Units Total Proiect Untts Calculation Units Calculation Units 10% x 10 - 1.0 t 20% x 10 ~ 2,00 2 12 11% x to -- t.1 2 21.5% x 10-2.15 3 13 12%x 10~ 1.2 2 23% x 10 ~ 2,30 3 13 13% x 10-1.3 2 24,5% x 1 0 ~ 2.45 3 t3 14%xl0-1.4 2 26% x 10 ~ 2,60 3 13 15%xtO~1.5 2 27,5% x 10 ~ 2,75 3 13 16%xtO~1.6 2 29% x 10 - 2,90 3 13 17%xtO-1.7 2 30,5% x 10 - 3,05 4 14 t8%xlO-1.8 2 32% x to ~ 3,20 4 14 19%x tO~ 1.9 2 33.5% x to ~ 3,35 4 14 20% x 10 ~ 2,0 2 ,350 x to ~ 3.50 4 t4 SAMPLE SET-ASIDE UNITS AND DENSITY BONUS FOR 50-UNIT BUILDING Agenda Item No, 108 December 16, 2008 lPllb'h~fx"f339 Page 13 VERY LOW INCOME HOUSEHOLDS EARNING <50% AMI 50 UNITS ALLOWED BY THE ZONING Set-Aside Units Bonus Units Total Project Units Calculation Units Calculation Units 5% x 50 ~ 2,50 3 20% x 50 - tO,OO 10 60 6% x 50 ~ 3,00 3 22.5% x 50.- 11.25 t2 62 7%x 50 - 3,50 4 25% x 50 ~ t2,50 13 63 8% x 50 4,00 4 27.5% x 50 13,75 14 64 9% x 50 4,50 5 30% x 50- t 5,00 ]5 65 10% x 50 - 5,00 5 32,5% x 50 16,25 17 67 ] 1 % x 50 -- 5,50 6 35% x 50 - t7,50 t8 68 LOWER INCOME HOUSEHOLDS EARNING 50%-80% AMI 50 UNITS ALLOWED BY THE ZONING Set-Aside Units Bonus Units Total Project Units Calculation Units Calculation Units 10% x 50 - 5,00 5 20% x 50 ~ ]0,00 to 60 11% x 50 5,50 6 2t.5%x50 to,75 tt 61 12% x 50 6,00 6 23% x 50 1t.50 t2 62 13% x 50 - 6,50 7 24,5% x 50 t2,50 13 63 ]4% x 50 -- 7,00 7 26% x 50 - t3,OO 13 63 15% x 50 ~ 7,50 8 27,5% x 50 t3,75 14 64 16% x 50 - 8,00 8 29% x 50 - 14,50 ]5 65 17% x 50 - 8,50 9 30,5% x 50 ~ 15,25 t6 66 18% x 50 - 9.00 9 32% x 50 -- ]6,00 16 66 19% x 50 - 9,50 to 33,5%x 50- ]6,75 t7 67 20% x 50 -- to,o 10 35% x 50 - ]7,50 18 68 SAMPLE SET-ASIDE UNITS AND DENSITY BONUS FOR 10-UNIT BUILDING WITH TRANSIT INCENTIVE (EXTRA 10% DENSITY BONUS) VERY LOW INCOME HOUSEHOLDS EARNING <50% AMI WITH TRANSIT INCENTIVE 10 UNITS ALLOWED BY THE ZONING Set-Aside Units Bonus Units without Transit Bonus Units with Transit Total Units Incentive Incentive Calculation Units Calculation Units Units 5% x to -- ,50 ] 20% x ]0 - 2,00 2 30% x 10 - 3.00 3 13 6% x 10 - ,60 ] 22,5% x to - 2,25 3 32,5% x 10 - 3,25 4 t4 7%x 10-,70 1 25% x 10 -- 2,50 3 35% x 10- 3.5 4 ]4 8%xtO~,80 t 27.5% x to--2,75 3 EXCEEDS 35% 4 14 9%x 10-,90 1 30% x 10 - 3,00 3 u 4 ]4 to%x 10 1.0 t 32.5% x 10 3,25 4 u 4 t4 tt%xtO-l.l 2 35% x to ~ 3,50 4 u 4 14 age LOWER INCOME HOUSEHOLDS EARNING <50% AMI WITH TRANSIT INCENTIVE 10 UNITS ALLOWED BY THE ZONING Set-Aside Units Bonus Units without Transit Bonus Units with Transit Total Units Incentive Incentive Calculation Units Calculation Units Units 10%x 10~ 1.0 1 20% x to ~ 2,00 2 30% x to ~ 3,00 3 13 tl%xtO~L1 2 21.5% x 1O~2,t5 3 31.5% x tO~3,t5 4 14 l2%x10~1.2 2 23% x I 0 ~ 2.30 3 33% x 10 ~ 3,30 4 14 13% x 10-1.3 2 24,5% x 1 0 ~ 2.45 3 34.5% x 1 0 ~ 3.45 4 14 t4%xtO-I.4 2 26% x 10 ~ 2,60 3 EXCEEDS 35% 4 t4 15% x 10 ~ 1.5 2 27,5% x 10 ~ 2,75 3 . 4 14 16%x 10- 1.6 2 29% x 10 - 2,90 3 , 4 14 t7%xtO-1.7 2 30,5% x 10 - 3,05 4 , 4 14 t8%xtO~1.8 2 32% x 10 - 3,20 4 , 4 14 19%x 10- 1.9 2 33,5% x 10 ~ 3,35 4 , 4 t4 20%x 10-2,0 2 .35% x 10 ~ 3,50 4 , 4 14 Agenda Item No, 10G December 16, 2008 .Ap"~nUIx0f339 P 14 SAMPLE SET-ASIDE UNITS AND DENSITY BONUS FOR 50-UNIT BUILDING WITH TRANSIT INCENTIVE (EXTRA 10% BONUS) VERY LOW INCOME HOUSEHOLDS EARNING <50% AMI WITH TRANSIT INCENTIVE 50 UNITS ALLOWED BY THE ZONING Set-Aside Units Bonus Units without Transit Bonus Units with Transit Total Units Incentive Incentive Calculation Units Calculation Units Units 5% x 50 - 2,50 3 20% x 50 - tO,OO 10 30% x 50 ~ 15,00 15 65 6% x 50 - 3,00 3 22,5% x 50 ~ 11.25 12 32,5% x 50 - 16.25 17 67 7%x 50 - 3,50 4 25% x 50 - 12.50 13 35%x50~17.5 18 68 8%x 50~4,OO 4 27,5% x 50 - 13,75 14 EXCEEDS 35% 68 9% x 50 - 4,50 5 30% x 50 ~ t5,OO 15 68 to% x 50 ~ 5,00 5 32,5% x 50 ~ 16,25 17 , 68 It % x 50 ~ 5,50 6 35% x 50 ~ 17,50 18 , 68 LOWER INCOME HOUSEHOLDS EARNING <50% AMI WITH TRANSIT INCENTIVE 50 UNITS ALLOWED BY THE ZONING Set-Aside Units Bonus Units without Transit Bonus Units with Transit Total Units Incentive Incentive Calculation Units Calculation Units Units to% x 50 ~ 5,00 5 20% x 50 ~ tO,OO 10 30% x 50 ~ 15,00 15 65 II % x 50 - 5.50 6 21.5% x 50 ~ 10,75 t1 31.5% x 50 ~ 15,75 16 66 12% x 50 ~ 6,00 6 23% x 50 ~ t 1,50 12 33% x 50 ~ 16,50 17 67 13% x 50 ~ 6,50 7 24,5% x 50 ~ 12,50 13 34,5% x 50 ~ 17.25 18 68 t4% x 50 ~ 7,00 7 26% x 50 ~ t3,OO 13 EXCEEDS 35% 68 15% x 50 ~ 7,50 8 27.5% x 50 ~ 13,75 14 , 68 16% x 50 ~ 8,00 8 29% x 50 ~ 14,50 t5 , 68 t 7% x 50 ~ 8,50 9 30.5% x 50 ~ t 5.25 t6 68 t8% x 50 ~ 9,00 9 32% x 50 ~ 16,00 16 , 68 t9% x 50 ~ 9,50 to 33.5% x 50 ~ 16,75 17 , 68 20% x 50 ~ tO,O 10 35%x 50 -17,50 18 68 Agenda Item No, 10G December 16, 2008 APaoe 313 01...19 ppenalX-tl- Page 15 (Please contact Los Angeles City Housing Department at (213) 806.8806 for the most recent Maximum Rents and Income Levels,) HOUSEHOLD INCOME TABLE UPDATED FOR 2005 Household Very Low Income Lower Income Moderate Size 50% AMI 80% AMI Income 120% AMI 1 $22,950 $36,700 $55,100 2 $26,200 $41,900 $62,900 3 $29,500 $47,150 $70,800 4 $32,750 $52,400 $78,600 5 $35,350 $56,600 $84,850 6 $38,000 $60,800 $91,200 7 $40,600 $65,000 $97,450 8 $43,250 $69,150 $103,800 MAXIMUM RENTS FOR SET.ASIDE UNITS - UPDATED FOR 2005 No. of Very Low Lower Moderate Income 120% AMI Bedrooms Income Income 60% (For sale units only) 50% AMI AMI 0 $555 $631 $1,202 1 $634 $720 $1,372 2 $714 $811 $1,545 3 $855 $972 $1,851 4 $983 $1,116 $2,126 MAXIMUM PURCHASE PRICE FOR SET-ASIDE UNITS UPDATED FOR 2005 Number of Bedrooms Very Low Income Lower Income Moderate Income 50% AMI 60% AMI 120% AMI 0 $57,375 $91,773 $137,882 1 $65,500 $104,695 $163,737 2 $77,812 $147,576 $202,939 3 $91,687 $156,815 $239,836 4 $104,812 $159,748 $267,153 Page 1 of 1 Agenda Item No, 10G December 16, 2008 Page 39 of 39 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 108 Recommendation that the Board of County Commissioners approve the 2008 Incentive Review and Recommendation Report as required by Florida Statute 420.9076{4) and direct staff to bring back an amended Impact Fee Deferral ordinance as outlined in this report. (Marla Ramsey, Public Services Administrator) Meeting Date: 12/16/2008 900:00 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 11/24/20082.13:25 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 11/26/20085:15 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 12/1/20083:18 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 12/3/20084:53 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 12/4/20088:10 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12/4/200812:21 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12/10/2008 3.56 PM Commissioners file://C:\AgendaTest\Export\ 118.December%20 16,%202008\ 1 0,%20COUNTY%20MAN". 12/1 0/2008