Housing & Community Development
Weekly Brief
Friday, April 7, 2006


City Council Sides with BIA on In-Lieu Fee

On Monday, the San Diego City Council voted (5-3) to change the date on which the inclusionary housing in-lieu fee is set for a development. When the inclusionary ordinance was adopted, the fee was set at the time that the building permit application was deemed complete. The Building Industry Association sued the City claiming that the original motion that set the parameters for the ordinance intended that the fee used would be amount in effect on the date that the tentative map or development permit application was deemed complete. The City Council entered into a settlement agreement with the BIA in May of 2004 where the City agreed to review the language. 

Since that time the he Housing Commission adopted a recommendation that the BIA recommendation be used but that the fee has to be reset every 3 years if the building permits have not been pulled. This was the basic staff recommendation that was brought forward to the Council on Monday. It included a provision that any development that has already submitted a complete application for a tentative map or development permit would pay the current fee of $2.50 a square foot.

The Federation, as well as, the San Diego Organizing Project, the Affordable Housing Coalition of San Diego County and the Center for Policy Initiatives all argued for not changing the ordinance. In addition, the Independent Budget Analyst argued against changing the date due to the fiscal impact. The City Attorney said that the City had a strong case, but could not guaranty the outcome. The Federation's letter and testimony pointed out that when the Council approved the final ordinance that they fully discussed the two methods of setting the fee and chose to use the later date. 

During Council discussion, Council Member Frye said that the compromise had already been made when the Council adopted an in-lieu fee instead for requiring the all units be built. Council Members Atkins and Hueso joined Ms. Frye in voting against the change.

Council President Scott Peters said he was supporting the motion because of the risk of the lawsuit. However he said that the Council will be reviewing the in-lieu fee policy this year because it is clear that too many developers are choosing the fee instead of building the units. That sentiment was echoed by Council members Madaffer and Young.

Housing Bond in Jeopardy

The inclusion of Prop. 46 programs in the state infrastructure bond is facing strong opposition by the Republicans. Phone calls and meetings with our local delegation are needed next week while they are here on their spring break. Assemblyman George Plescia from Northern San Diego and other North County cities has been elected Republican Caucus Leader. His support will be crucial. Furthermore, both he and Assemblymember Mark Wyland's districts have received the bulk of the MHP funding we have received here.

It is absolutely essential to let these Republicans know that MHP and the CalHFA homeownership programs leverage private capital, are not welfare grants and they create jobs.

George Plescia
9909 Mira Mesa Blvd., Ste. 130
San Diego, CA 92131
Phone: (858) 689-6290
Fax: (858) 689-6296
E-Mail:
assemblymember.plescia@assembly.ca.gov

Mark Wyland
1800 Thibodo Rd, Ste. 300
Vista, CA 92081
Phone: (760) 599-1641
Fax: (760) 599-1650
E-Mail:
assemblymember.wyland@assembly.ca.gov

One Tax Credit Application from San Diego County

There was one application for 9% low income housing tax credits made from San Diego County for Round 1 of 2006. The geographic allocation for the round is $2,095,147. The application is requesting $1,135,833 for an 80 unit senior project in National City. The Plaza City Apartments is being developed by Willow Partners, LLC of Westlake Village, CA.

TCAC Publishes Study of Augmentation of Existing Tax Credit Awards

In response to requests for supplemental tax credit allocations for projects whose constructions cost increased dramatically due to changing market conditions, TCAC conducted a study of what other states due. The study was published this week.

The major conclusion of the study was that:

California's 9% allocation process is quite different in that it is (a) dramatically oversubscribed, and (b) competitively driven with a heavy emphasis on tax credit usage efficiency. Therefore, any system that allows a back-end petition for additional credits jeopardizes the good public policy outcomes sought by the current scoring scheme. Good faith users of California's 9% system have candidly told staff that they would err on the side of understating estimated development costs if a readily-available augmentation mechanism existed. This is contrary to the credit-efficiency objectives we seek with our scoring.

The compete study is available at: http://www.treasurer.ca.gov/ctcac/.


Celebrating 15 Years of Support and Advocacy for Affordable Housing
ã 2006 San Diego Housing Federation, 450 B Street, Suite 1010, San Diego, CA 92101 (619) 239-6693
Website: http://www.housingsandiego.org  Email: sdhfstaf@housingsandiego.org

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