HomeMy WebLinkAbout11-CORRESPONDENCE RECEIVEDJuly 2, 2018
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JUL 02 2018
TL)STiN
CITE' CLERX'S OFFICE
Mayor Al Murray and City Council Members
City of Tustin
300 Centennial Way
Tustin, CA 92780
www.kennedycommission.org
17701 Cowan Ave., Suite 200
Irvine, CA 92614
949 250 0909
Fax 949 263 0647
RE: Support and Adopt Workforce Housing Incentive Program Ordinance (Exhibit D)
Dear Mayor Murray and City Council Members:
The Kennedy Commission (the Commission) is a coalition of residents and community
organizations that advocates for the production of homes affordable for families earning less than
$20,000 annually in Orange County. Formed in 2001, the Commission has been successful in
partnering with Orange County jurisdictions to create effective housing policies that have led to
the new construction of homes affordable to lower income working families.
Ranked among the top ten least affordable metropolitan areas in the country', Orange County is
suffering from an affordable housing crisis. A resident must earn at least $36.08 per hour to
afford a two-bedroom apartment at a fair market rent of $1,876 a month.2 As rents and the
number of residents needing affordable homes have continually increased, the number of
affordable homes being built for lower income households has not kept up with the demand. An
additional 92,738 affordable rental homes are needed to address Orange County's housing needs
for lower income renters.3
As the City moves forward in addressing the affordable housing needs for lower income
households, the Commission urges the City Council to support the Workforce Housing
Incentive Program Ordinance as it was proposed and passed unanimously by the Council
on April 17, 2018. Currently referred to as Exhibit D (Ordinance enumerated No. 1491 D) by
City Staff, we believe that this ordinance provides the best flexibility of alternatives on
proposed new residential developments that benefit financially from the City through
discretionary approvals. These approvals allow land use designation changes (i.e., allowing
residential uses) and up -zoning properties for increased density that developers were not
previously entitled to. By approving these benefits, the City provides significant windfalls and
increases the property values of developers and private owners.
The City has control over land use decisions and should take this opportunity to provide
development incentives for proposed residential developments in exchange for community
benefits, such as the development of affordable homes for lower income households in the City.
Exhibit D also allows proposed residential developments to accommodate the affordability
requirements through in -lieu fees, land dedication, off-site construction of affordable units or
' Out of Reach 2018- The High Cost of Housing, National Low Income Housing Coalition, p. 14, 2018.
Z Out of Reach 2018- The High Cost of Housing, National Low Income Housing Coalition, p.38, 2018.
'Orange County's Housing Emergency and Proposed Solutions, California Housing Partnership Corporation, p. I, May 2018.
4 Voluntary Workforce Housing Incentive Program Ordinance, City of Tustin's Staff Report, p. 4, July 3, 2018.
Mayor Murray and City Council Members
July 2, 2018
Page 2 of 4
providing an alternative deemed acceptable to the City. In addition, due to the dissolution of
redevelopment and lack of readily available affordable housing funds and resources,
implementing a more flexible ordinance can be a more effective tool for the City to take on an
active role in encouraging and incentivizing more opportunities for affordable homes.
The Need for Affordable Homes in Tustin
For the 2014-2021 Housing Element planning period, the City has a Regional Housing Needs
Assessment (RHNA) of 283 very low-, 195 low-, 224 moderate- and 525 above moderate -
income households. To date, 98 or 35% of the 283 very low-income units have been produced
and 74 or 38% of the 195 low-income units have been produced; however, for the above
moderate -income units, the City outperformed the RHNA need and constructed 1,046 or 199%
of the 525 units.s With a remaining RHNA need of 306 lower income homes, it is important
the City create effective policies, such as adopting the proposed inclusionary housing
ordinance, to encourage the development of affordable homes for lower income households
in the City.
The need to increase quality affordable rental homes should be a high priority in the City.
According to the City's Planning Commission report, 9,189 or 34 percent of the total number of
households in Tustin are low-income households earning less than $50,000 or $24 per hour
annually.6 In the City, the average rent for one -bedroom was $1,787 per month while a two-
bedroom rents for $2,139 per month .7 This is simply out -of -reach for many lower income
households, especially for those who want to live and work in the City. In order for housing to be
affordable, households should not pay more than 30% of their income towards housing costs.
For lower income households to not be rent burdened, their rent would be affordable at $1,250 or
less.s Unfortunately, at an average rent of $1,787 per month for a one -bedroom, a low-income
household will overpay and spend 43% of their income towards housing.' For a two-bedroom, a
low-income household will. severely overpay and spend 51% of their income towards housing. 10
With the severe shortage of homes, especially affordable homes and low vacancy rates, it is
projected that rents and housing costs will continue to rise.' 1 With lower wages that are not
keeping up with rising rents, many renting households struggle financially to live and end up
working multiple jobs to make ends meet. 12 The City estimates there are at least 3,000
overpaying renter households and significant number of those who could be one to two
paychecks away from being homelessY
$ City of Tustin City Council Agenda, p. 6, April 17, 2018.
s City of Tustin Planning Commission Agenda Report: Ordinance No. 1491, Inclusionary Housing, p. 3, February 13, 2018.
' City of Tustin Planning Commission Agenda Report: Ordinance No, 1491, Inclusionary Housing, p, 3, February 13, 2018.
s City of Tustin Planning Commission Agenda Report: Ordinance No. 1491, Inclusionary Housing, p, 3, February 13, 2018.
' City of Tustin Planning Commission Agenda Report: Ordinance Na. 1491, Inclusionary }dousing, p. 3, February 13, 2018,
10 City of Tustin Planning Commission Agenda Report: Ordinance No. 1491, Inclusionary Housing, p. 4, February 13, 2018.
" 201.8 House Prices and Rents Will Keep Growing with No End in Sight, Economists Say, The Orange County Register, January 4, 2018
'Z Southern Californians Scrimp to Get By as Average Rents Hit $1,900, The Orange County Register, February 15, 2018.
'' City of Tustin Planning Commission Agenda Report Ordinance No. 1491, Inclusionary Housing p. 4, February 13, 2018.
Mayor Murray and City Council Members
July 2, 2018
Page 3 of 4
The lack of affordable homes has reached a crisis point and homelessness continues to increase
and is threatening the safety and public health of our communities. While the homeless
encampments in the Santa Ana River bed, Santa Ana Civic Center and even the Tustin Civic
Center14 has cleared out, we are still far from solving Orange County's affordable housing and
homeless crisis.
I_nclusionary Housing Ordinance is Effective
Contrary to concerns that implementing an inclusionary housing ordinance will "halt or chill"
residential development, inclusionary housing ordinances that are implemented in other cities
have been very successful in not only facilitating the development of affordable homes but also
market -rate developments. Currently, there are seven cities in Orange County that have
inclusionary housing ordinances including Tustin's neighboring sister cities of Irvine, Santa Ana,
Huntington Beach and Brea. While Santa Ana's ordinance has been established since 2011, the
rest of the cities implemented inclusionary housing ordinances for at least 15 years to well over
three decades. The number of years are indicative that the inclusionary housing ordinance is
successful otherwise it would have been removed by these cities.
The City of Irvine in particular has been very successful in 'implementing the inclusionary
housing ordinance. Housing costs in Irvine is among the highest in Orange County and yet even
with an inclusionary housing policy, it has not "halted or chilled" development in the City. The
effect is quite the opposite and there is a high interest from developers to propose residential
developments in the City. It is quite evident in several areas of the city, such as the Irvine
Business Complex (IBC) and the Great Park, where residential development is booming and
under construction.
It is also important to note that Irvine's in -lieu fee of $16,693 per unit for all developments is
significantly higher than Tustin's proposed in -lieu fee of $8,000 to $12,000 per unit.15 However,
Irvine's inclusionary housing ordinance and in -lieu has not impeded residential. growth in the
City. In particular, the IBC has been robust and successful in residential development in the City.
Since 2003, there has been 5,630 units that was built and completed in the IBC. To date, there
are 2,578 units under construction, 4,219 units approved and 685 units are in process in the
IBC. 16 Overall, in terms of upcoming affordable housing developments in Irvine, there are 276
very low-income units and 5 low-income units anticipated to be completed in Spring 2018 to
2020.17
" Homeless at Tustin Civic Center Clear put- Most Well Before City's Deadline, The Orange County Register, August 7, 2017.
5 City of Tustin City Council Agenda, p. 4, April 17, 2018.
IBC Residential Development status As Of: December I, 2017, City of Irvine.
�' Upcoming Affordable Housing Projects Effective as of February 21, 2018, City of Irvine.
Mayor Murray and City Council Members
July 2, 2018
Page 4 of 4
The Commission looks forward to partnering with the City to increase affordable home
opportunities for lower income households in the City. Please keep us informed of any updates
and meetings regarding the City's Workforce Housing Incentive Program Ordinance. If you have
any questions, please contact me at (949) 250-0909 or cesarc@kennedycommission.org.
Sincerely,
Cesar Covarrubias
Executive Director
C3
ORANG E COI I N TY
BUSINESS COUNCIL 2 Park Plaza, Suite 100 1 Irvine, CA 926141 P 949.476.2242 1 F 949.476.0443 1 www.ocbe.org
July 3, 2018
The Honorable Al Murray JUL 0 3 2018
City of Tustin TUSTIN
3000 Centennial Way C17 -Y CLEPZKIS OFFICE
Tustin, CA 92780
Re: Item 11 - Tustin Inclusionary Zoning Options — Oppose
Dear Mayor Murray and Council,
Orange County Business Council (OCBC) is respectfully requesting the City Council
continue the Inclusionary Zoning item before you on July 3. OCBC continues to be
opposed to Inclusionary Zoning.
As OCBC noted in the Agenda Report for the item, staff is proposing four alternatives
for your consideration, two of which have never been presented at a public hearing.
Options B and C represent new policy proposals that have not been vetted by staff to
gain even a basic understanding of potential impacts, nor have private -sector
stakeholders (most notably, the building industry) been afforded time study these new
alternatives. OCBC is disappointed entirely new policy proposals are being advanced
without collaboration with and adequate notice to the stakeholders most impacted by
these new proposals.
OCBC respectfully requests the Tustin City Council provide impacted stakeholders
time to thoroughly review the alternatives presented to council by staff. Therefore,
OCBC asks the Council to continue the item at least until the Council's next regularly
scheduled meeting of July 17, 2018. Thank you for your consideration.
Sincerely,
Alicia Berhow
Senior Vice President of Government Affairs
THE LEADING VOICE OF BUSINESS IN ORANGE COUNTY
PACIFIC WEST ASSOCIATION OF REALTORS° n®
1601 East Orangewood Avenue, Anaheim, CA 92805 1 TEL: (714) 245-5500 1 FAX: (714) 245-5599
July 3, 2018
City of Tustin
300 Centennial Way
Tustin, CA 92780
Re: Agenda Item No. 11: Public Hearing: Ordinance No. 1491
Dear Mayor Murray and Members of the City Council:
In follow-up to our March 23, 2018 letter, the Pacific West Association of REALTORS® (PWR) would like
to reiterate our opposition to the mandatory inclusionary zoning (IZ) policy being considered by Tustin. We
recognize the need to address the housing affordability crisis both locally and statewide, which has made
housing a substantial economic burden on working families. We respectfully recommend that the City first
address the underlying causes of the affordability issue and devise a comprehensive strategy as opposed
to advancing IZ with the idea that it is the silver bullet.
PWR believes that new housing should generally be supported as a means of addressing the housing
shortage, with the added benefit that such construction activity will create jobs and associated economic
activity. For instance, more streamlined and accelerated land -use approvals for homebuilding, greater
flexibility in the construction of Accessory Dwelling Units (ADUs), zoning that supports mixed-use and infill
projects, and enhanced voluntary incentive programs for the development of low to moderate -income units
are all housing approaches that can contribute to addressing home supply and affordability.
Unfortunately, addressing housing affordability from a governmental regulatory perspective is likely to have
unintended consequences, be highly impractical and help only a small percentage of those it's intended to
help. For instance, the July 3, 2018 Agenda Report raises some serious concerns:
• Several versions of the proposed ordinance stipulate developments the ordinance applies to as
"only to projects that utilize a Residential Allocation Reservation". Nowhere is Residential Allocation
Reservation defined, creating uncertainty as to its meaning.
The Fiscal Impact statement asserts: "Implementation of the Ordinance with an in -lieu fee is
expected to generate funds for the City's workforce housing incentive program fund in unknown
amounts for use in support of City affordable housing programs and projects." This seems to
contradict the proposed requirement that all affordable units are to be built onsite.
• Effects and possible alternatives: "City Staff became concerned that the revised restrictions might
have adverse, unintended consequences: A. Disproportionate Effect on Smaller Projects. B.
Elimination of In -Lieu Fee Option Could Limit the City's Ability to Advance Other Affordable Housing
Initiatives." We agree with Staff's analysis that "the requirement to build affordable units within a
for -sale project will discourage the development of ownership housing.
Thank you for your time and consideration of alternatives to IZ that contemplates all housing consumers,
housing producers and landowners.
Sincerely,
zV
Tim Shaw
Government Affairs Director
�hy e Schachter
Government Affairs Director
Building Industry Association of Southern California, Inc.
ORANGE COUNTY CHAPTER
July 3, 2018
Mayor Al Murray
City of Tustin
3000 Centennial Way
Tustin, CA 92780
Re: Item 11 - Tustin Inclusionary Zoning — Oppose
Dear Mayor Murray,
On behalf of the Building Industry Association of Orange County, I write to oppose Item
11: The Inclusionary Zoning Housing Tax. As you recall from the April 17, 2018
Council hearing, the Business and Development Community stand together in opposition
to this taxation on housing, regardless of its moniker.
You will also recall that this process started in February and yet, for the first time tonight,
we have several brand new, unvetted, unsupported and unannounced policy
recommendations. The staff recommended "Option C" is particularly egregious as it
represents an approach that will have untold impact on homebuilding and apparently no
research has been proffered to support it.
As we will continue to mention at every hearing, California is in the midst of a housing
crisis. To pass an ordinance that has no research as to the scope of impact is wildly
irresponsible. It is critically important that housing not be pushed further out of reach.
Do not vote on the unknown.
For the litany of reasons listed at previous hearings, as well as the fact that there have
been no study sessions, no working groups and no effort to consult the very industry this
ordinance targets, we ask that you do not vote on this tonight.
Instead we ask that proper research be completed that illustrates the impacts Options A-
D will have on housing stock in Tustin. Conduct a study session, consult with experts
and present the public with the tools necessary to understand what a vote on these options
will actually mean for the future of this community. To blindly vote on an ordinance
without understanding it's impact stands as a great disservice to those you are elected to
represent.
Again, and at the very least, we ask for a continuance until such time that adequate
supportive research can be completed.
Thank you for your thoughtful consideration
Respectfully,
Steven C. LaMotte
Chapter Executive Officer
i
BIH
PRESIDENT
MIKE GARTLAN
KB HOME
VICE PRESIDENT
RICK WOOD
TRI POINTE HOMES
TREASURER/SECRETARY
SUNTI KUMJIM
MBK HOMES
IMMEDIATE PAST PRESIDENT
PHIL BODEM
MERITAGE HOMES
TRADE CONTRACTOR V.P.
ALAN BOUDREAU
BOUDREAU PIPELINE
CORPORATION
ASSOCIATE VICE PRESIDENT
MARK HIMMELSTEIN
NEWMEYER & DILLION, LLP
MEMBER -AT -LARGE
PETER VANEK
FOREMOST COMPANIES
MEMBER -AT -LARGE
SEAN MATSLER
MANATT, PHELPS & PHILLIPS, LLP
EXECUTIVE OFFICER
STEVE LA MOTTE