HomeMy WebLinkAboutAgenda Packet - CC - 2019.03.18City Council
City of Burlingame
Meeting Agenda - Final
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
Council Chambers6:15 PMMonday, March 18, 2019
STUDY SESSION - 6:15 p.m. - Council Chambers
Update on Negotiations Regarding Burlingame Aquatic Center Construction Projecta.
Staff ReportAttachments:
Note: Public comment is permitted on all action items as noted on the agenda below and in the
non-agenda public comment provided for in item 7.
Speakers are asked to fill out a "request to speak" card located on the table by the door and
hand it to staff, although the provision of a name, address or other identifying information is
optional. Speakers are limited to three minutes each; the Mayor may adjust the time limit in
light of the number of anticipated speakers.
All votes are unanimous unless separately noted for the record.
1. CALL TO ORDER - 7:00 p.m. - Council Chambers
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
4. REPORT OUT FROM CLOSED SESSION
5. UPCOMING EVENTS
6. PRESENTATIONS
7. PUBLIC COMMENTS, NON-AGENDA
Members of the public may speak about any item not on the agenda. Members of the public wishing to
suggest an item for a future Council agenda may do so during this public comment period. The Ralph M .
Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter
that is not on the agenda.
8. APPROVAL OF CONSENT CALENDAR
Consent calendar items are usually approved in a single motion, unless pulled for separate discussion .
Any member of the public wishing to comment on an item listed here may do so by submitting a speaker
slip for that item in advance of the Council’s consideration of the consent calendar.
Page 1 City of Burlingame Printed on 3/14/2019
March 18, 2019City Council Meeting Agenda - Final
Approval of City Council Meeting Minutes for March 4, 2019a.
Meeting MinutesAttachments:
City Council Appointment of Rosalie O ’Mahony to Represent the City of Burlingame on the
Boards of the Bay Area Water Conservation Agency and the Bay Area Regional Water
Financing Authority
b.
Staff Report
BAWSCA Appointment Letter
Attachments:
9. PUBLIC HEARINGS (Public Comment)
Public Hearing and Introduction of an Ordinance Establishing Residential Impact Fees on
New Residential Development to Support Workforce Housing
a.
Staff Report
November 14, 2018 City Council Minutes
February 11, 2019 Planning Commission Minutes
Ordinance
Resolution - Area Standard Wages
Seifel Consulting Report
SAMCAR Letter - June 27, 2018
Residential Overview - March 2019
Attachments:
Introduction of an Ordinance Amending Municipal Code Section 10.55.030 Regarding
Promulgation of Park Rules
b.
Staff Report
Proposed Ordinance
Attachments:
10. STAFF REPORTS AND COMMUNICATIONS (Public Comment)
Consideration of Appointment to the Planning Commissiona.
Staff ReportAttachments:
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Councilmembers report on committees and activities and make announcements.
Mayor Colson's Committee Reporta.
Committee ReportAttachments:
Vice Mayor Beach's Committee Reportb.
Committee ReportAttachments:
Page 2 City of Burlingame Printed on 3/14/2019
March 18, 2019City Council Meeting Agenda - Final
12. FUTURE AGENDA ITEMS
13. ACKNOWLEDGMENTS
The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking
Commission, Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees
are available online at www.burlingame.org.
14. ADJOURNMENT
Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at
(650)558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for
public review at the City Clerk's office, City Hall, 501 Primrose Road, from 8:00 a.m. to 5:00 p.m.
before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and
minutes are available at this site.
NEXT CITY COUNCIL MEETING - Next regular City Council Meeting
Monday, April 1, 2019
VIEW REGULAR COUNCIL MEETING ONLINE AT www.burlingame.org/video
Any writings or documents provided to a majority of the City Council regarding any item on this agenda
will be made available for public inspection at the Water Office counter at City Hall at 501 Primrose
Road during normal business hours.
Page 3 City of Burlingame Printed on 3/14/2019
1
STAFF REPORT
AGENDA NO: STUDY
MEETING DATE: March 18, 2019
To: Honorable Mayor and City Council
Date: March 18, 2019
From: Lisa K. Goldman, City Manager – (650) 558-7243
Subject: Update on Negotiations Regarding Burlingame Aquatic Center Construction
Project
RECOMMENDATION
Receive an update on the negotiations between the City and the San Mateo Union High School
District (SMUHSD) regarding the Burlingame Aquatic Center construction project.
BACKGROUND
In November 1997, the City and the San Mateo Union High School District (the District) entered
into an agreement to jointly fund the construction and ongoing repair, improvements, and
operations of a new 25-yard pool at Burlingame High School. The agreement included terms
regarding scheduling of the facility, maintenance, record keeping, and the distribution of costs. In
August 1999, after an anonymous donor agreed to provide funding to upgrade the 25-yard pool
facility into a 50-meter pool, the City and the District approved a first amendment to the original
agreement. The amended agreement expanded the hours that the facility (the Burlingame Aquatic
Center) could be open and made various other changes. The total project cost $2,676,695, with
the anonymous donor paying $1,210,000, the City paying $1,166,695, and the District paying
$300,000.
Between the time the pool opened (2000) and 2011, the City operated the community programs at
the pool, including recreational swimming, lap swimming, swim lessons, and fitness classes, and
managed the scheduling. In 2011, the City contracted with the Burlingame Aquatic Club (BAC) to
operate these programs on the City’s behalf. BAC was already managing competitive programs in
adult and youth swimming and water polo at the pool.
DISCUSSION
In 2016, the City and the District approved a new pool agreement that extends the term by three
years, to January 1, 2026, and covers how maintenance and operating expenses are split (the City
pays 78%, while the District pays 22%), and how capital expenses are split (50-50 basis). The new
agreement also includes language related to when the City has exclusive use of the pool and when
the pool is to be shared with the District, and when the pool can be closed for annual maintenance
and where BAC is to be relocated during closure periods. The new agreement includes as an
exhibit a 2015 District-commissioned Aquatic Design Group facility audit of the aquatic center. The
Update on Negotiations with SMUHSD for Pool Construction Project March 18, 2019
2
intent of the audit was to help the City and District jointly develop a capital replacement program.
Among the items included in the five-year timeframe were removal and replacement of the pool
deck and drainage and removal and replacement of the pool finish in the competition pool.
Last year, the District undertook the renovation of the aquatic center; the project included removal
and replacement of the deck, removal and replacement of the pool finish, and the replacement of
the interior lights with LED fixtures. The entire project, which was to begin June 1 and be completed
by September 21, had a projected budget of $1,902,659, with the City’s share $951,330. (The City
originally budgeted $600,000 for its share of the project, prior to the bidding and approval of the
construction contract.) Due to a variety of factors, including the need to re-bid the project and
delays getting approvals from the Department of the State Architect, which approves school
construction projects, demolition of the deck actually began on July 2.
In July, District staff notified City staff that the pool shell contained problems related to rebar and
waterproofing, and that there were additional problems with the light fixtures and electrical work.
The cost to make the repairs to the electrical exceeded the Public Contract Code limits that the
District must follow, and the repair work needed to be formally bid, delaying any progress on the
pool.
Throughout August, the contractor uncovered additional problems with corrosion of the rebar at
various locations, such as the lights, stairs, and floor inlets, and improper concrete coverage in
many areas. (Per State Code, concrete coverage should extend at least three inches between the
soil and the rebar to maintain structural integrity and at least three inches between the rebar and
the pool shell to prevent water intrusion and subsequent corrosion. The current coverage is about
one each on either side.) In early September, the District requested that its pool engineer produce
an existing conditions report that highlighted the various challenges with the pool. The report,
completed later in September, concluded that the pool shell is compromised and should be
replaced, rather than repaired.
City staff and District staff met on September 28 to discuss options for moving forward, including
repair of the pool, at an estimated cost of $2,538,406 (with the City’s share 50%, or $1,269,203),
or replacement. At that time, City staff was under the impression that the estimated cost of
replacement was $4,988,452. At the District’s Board meeting of October 11, the District staff
recommended that the District pursue the replacement option given the many uncertainties
associated with the repair option. In particular, the staff and the District’s engineers and consultants
are concerned that there will be additional maintenance costs and significant pool downtime as the
pool shell steel continues to erode, and the new plaster dislodges. In addition, the engineers and
consultants believe that the pool will need to be replaced in 10-15 years, at an estimated cost of
$11.9 million in ten years, or $19.2 million in 15 years. This cost will be on top of the $2.54 million
spent now to bring the pool back online. Under the replacement option, in contrast, the consultants
and engineers believe that the life of the pool shell will be extended to 50 years, and the new shell
will require less maintenance than the repaired shell.
The District Board did not make a decision at the October 11 Board meeting and, instead, asked
staff to come back with additional information. At the October 25 Board meeting, the District Board
approved proceeding with the New Pool Project and hiring an architect.
Update on Negotiations with SMUHSD for Pool Construction Project March 18, 2019
3
In November, the City Manager met with the Council’s pool subcommittee (then-Mayor Brownrigg
and then-Vice Mayor Colson) to discuss the City’s proposed terms for a new agreement, and the
City Council discussed the proposed terms at a study session on November 19. The City proposed
contributing $2.5 million toward the $4,988,452 cost, with $1 million paid as bills come due, and
$1.5 million paid in the future, $150,000 per year for ten years. The City also proposed a long-term
lease, and a 50-50 split on operating expenditures for the first three years, followed by a re-
evaluation of the split based on actual BAC usage as it will take some time for BAC to rebuild its
programs. The City also wanted an opportunity to evaluate how the locker room building can be
rebuilt to improve the locker rooms and make space to accommodate transgender pool users and
employees.
On December 13, the SMUHSD Board met to receive an update on the pool and discuss the City’s
proposal. Just prior to the District’s Board meeting, as the City Manager and the School
Superintendent were discussing the City’s proposal and the Superintendent’s upcoming
presentation to his Board, the Superintendent informed the City Manager that the estimated cost
of the pool reconstruction project was not $4,988,452, which was the figure described as “Total
Project Cost” on an October District slide, but $6,430,108. Apparently, the Total Project Cost figure
did not include the estimates of the costs to date ($851,655), or the contract termination fee
($108,000). The other cost not included in the Total Project Cost figure was $482,001 for
mechanical room upgrades. The cost has continued to change since October; the estimate
presented to the District Board in February was just under $6.5 million.
At the December 13 Board meeting, which then-Mayor Brownrigg, the City Manager, and the Parks
and Recreation Director attended, the District Board rejected the City’s earlier offer but did not
come to a consensus on what they expected the City to contribute.
In early February, Mayor Colson, Councilmember Brownrigg, the City Manager, and the Parks and
Recreation Director met with the School Superintendent and the School Board’s newly appointed
subcommittee (President Greg Land and Clerk of the Board Robert Griffin) to develop a new term
sheet. Unfortunately, the School Board did not agree to that term sheet at their meeting on
February 21, though they did eventually come to consensus on some of the items, including the
City’s new offer of a $2.7 million contribution toward the capital costs.
The City Manager and School Superintendent have continued to work on the term sheet since the
February Board meeting. The latest iteration, which has not yet been considered by the School
Board or the City Council, includes the following terms:
Payment: $2.7 million total, with $1,269,203 (less anything the City has paid so far toward the
repair project) paid in 2019. This amount is the City’s half of the Option 1 repair only costs. For
cash flow purposes, the remainder of the funds would be paid after the City completes the new
Community Center, but no later than June 2023. The Superintendent included the following
language in the draft term sheet: “The City’s contribution of $2.7 million shall be divided such that
$1,000,000 is for the cost of the deck, $250,000 is for the mechanical room cost, and $1,450,000
is for the new pool shell. Note - the reason for this division is that it corresponds to roughly the
Update on Negotiations with SMUHSD for Pool Construction Project March 18, 2019
4
same proportion of the cost of the components of the reconstruction as the city is contributing, in
total.”
Term: The term of the agreement will be extended from January 1, 2026 to January 1, 2040. After
January 1, 2035, either party can give the other party five years’ notice that it does not intend to
negotiate a continuation of the agreement. If SMUHSD ends the agreement, it must reimburse the
City for the City’s unamortized contribution to the cost of the components of the BHS Pool
replacement. If the City ends the agreement, it shall be eligible for reimbursement on the
components it has paid for as identified in payment section above. The schedule for amortization
of the components shall be based on the following expected lifespans:
Mechanical Room 16 years
Pool Shell 50 years
Pool Deck 27.5 years
Locker Room Facility: In order to comply with the Americans with Disabilities Act and other
current standards, the City or the School District may wish to make further improvements to the
Aquatic Center or its environs. If so, both parties commit to working with the other with the goal of
improving the facility for all users.
Operating Expenses: The City’s share of maintenance and operations expenses will be changed
from 78% prior to the pool shutdown in 2018 to 50%. The change will be implemented the week
after the Notice of Completion is filed for the new BHS replacement project and will remain in place
for one full year. After the one-year period, the pool usage formula will be reviewed and revised
based usage.
An nual Pool Maintenance Closure and Usage Allocation: The language in the existing
agreement would remain in place, allowing BAC exclusive use of the pool at certain times of the
day, and shared use in the early mornings, weekday afternoons, and Saturday mornings except
during high school competition times (water polo games and swim meets).
FISCAL IMPACT
The total cost to the City is unknown at this time and will depend on the final negotiated agreement.
Agenda Item 8a Meeting Date: 03/18/19
Burlingame City Council March 4, 2019
Unapproved Minutes
1
BURLINGAME CITY COUNCIL
Unapproved Minutes
Regular Meeting on March 4, 2019
1. CALL TO ORDER
A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall
Council Chambers.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Beautification Commissioner Anne Hinkle.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz
MEMBERS ABSENT: None
4. CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS (GOVERNMENT CODE SECTION
54957.6)
CITY DESIGNATED REPRESENTATIVES: TIMOTHY L. DAVIS, HR DIRECTOR SONYA
M. MORRISON, CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY KATHLEEN
KANE, FINANCE DIRECTOR CAROL AUGUSTINE
EMPLOYEE ORGANIZATIONS: AFSCME MAINTENANCE AND ADMINISTRATIVE
UNITS, DEPARTMENT HEADS AND UNREPRESENTED
City Attorney Kane reported that direction was given but no reportable action was taken.
5. UPCOMING EVENTS
Mayor Colson reviewed the upcoming events taking place in the city.
Agenda Item 8a Meeting Date: 03/18/19
Burlingame City Council March 4, 2019
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6. PRESENTATIONS
a. PRESENTATION BY THE BURLINGAME NEIGHBORHOOD NETWORK (“BNN”)
Burlingame Neighborhood Network (“BNN”) representative Holly Daley provided the City Council with an
update. Ms. Daley explained that BNN was formed to help citizens in the first 96 hours after an incident or
disaster. She stated that the organization’s mission is to “Strengthen City resiliency by encouraging
neighbors to connect with one another, become informed, and be prepared to support one another during
emergencies.” She noted that previously citizens were reliant on government agencies during an emergency
and that the new model requires community action, resiliency, and preparedness.
Ms. Daley reviewed the work that BNN has done to increase the City’s resiliency. This includes: citywide
drills, quarterly events, community outreach, developing new blocks, emergency communications plan, and
partnerships with the City, CCFD, BPD, and other agencies.
Ms. Daley reviewed BNN’s 2018 highlights:
• Organized and ran citywide emergency exercise
• Produced quarterly events and workshops
• Launched emergency cache program
• Tested emergency communications plan
• Police radio distribution
Ms. Daley thanked the City Council for funding 20 caches and the police radio donation. She explained that
the caches provide immediate access to incident command setup materials, first aid supplies, and safety
tools.
Ms. Daley discussed the 6th annual citywide emergency exercise. She reviewed the benefits of the drill
including:
• Blocks learn to organize into response groups
• Use cache tools and base materials
• Encourage more groups to qualify for caches
• Inspire participants to take more training
Ms. Daley discussed the growth of BNN:
• 22% increase in BNN newsletter subscribers
• 53% increase in drill groups
• 27% increase in drill participants
Ms. Daley discussed BNN’s emergency communications plan. The plan’s purpose is to allow residents to
communicate during disasters even when normal means of communication are down. She showed a map
that depicts the escalation of communications through the community. Additionally, she showed another
Agenda Item 8a Meeting Date: 03/18/19
Burlingame City Council March 4, 2019
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map that depicts the different neighborhoods in the city, the public schools that act as command posts for
emergency communication, and the location of caches and HAM radios.
Ms. Daley discussed BNN’s future plans:
• Organize and run 7th Annual Citywide Emergency Exercise on October 12, 2019
• Host quarterly community events
• Increase cache distribution
• Promote HAM and resiliency training
• Complete buildout
Councilmember Brownrigg thanked BNN for their hard work. He stated that after the Paradise Fire, citizens
asked him about how they would know which way to evacuate Burlingame in an emergency. Ms. Daley
stated that BNN is working with CHP and BPD on this matter. She noted that individuals can prepare
themselves for a potential emergency by always having gas in their car, knowing the back roads, and having
an emergency bag ready to go.
Councilmember Keighran stated that the County has the SMC opt in program for emergency warning.
However, there is legislation at the State level that the County is supporting that is an opt out option. She
stated that the County is also working on connecting a map of evacuation routes to the SMC alert.
Additionally, the County is supporting legislation that would ensure that the emergency alert is available in
multiple languages.
Vice Mayor Beach asked if there is a demand for additional caches. Ms. Daley stated that BNN put
qualifications in place for neighborhoods to obtain a cache. She stated that blocks were asked to qualify by
participating in two drills and holding two recent neighborhood activities. She added that BNN has
distributed ten caches.
Mayor Colson asked if BNN is organized as a 501(c)(3) and if they can take donations. Ms. Daley stated
that they currently are not a 501(c)(3).
Mayor Colson strongly encouraged BNN to become a 501(c)(3) explaining that it would be wise for the
organization’s sustainability.
b. PRESENTATION BY HOME FOR ALL
Home for All representative Peggy Jensen thanked the City for their hard work on the initiative. She
explained that Home for All identified three areas of the housing issue that needed work in San Mateo
County: land, funding, and community support. She stated that the City of Burlingame led the way for
community support. She stated that the City’s courage to go first helped Home for All when working with
the three other pilot cities.
Agenda Item 8a Meeting Date: 03/18/19
Burlingame City Council March 4, 2019
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Ms. Jensen stated that because City staff and Councilmembers talked with their colleagues in other cities,
Home for All received interested from other cities in utilizing the community conversation approach. She
noted that Brisbane, San Mateo, Pacifica, Hillsborough, and Foster City will all be utilizing this approach in
2019.
Councilmember Keighran thanked Home for All for their collaborative approach to the issue in order to
move the County in the right direction.
Councilmember Brownrigg stated that the Home for All process was transformative for the City. He noted
that for over 50 years the City has grown at a rate of one quarter of one percent a year. However, in January
the Council approved a General Plan that imagines growing the City’s population by 20% in 10 years. He
stated that he believed the City was able to approve this plan through the help of the Home for All initiative.
7. PUBLIC COMMENT
Burlingame resident Mike Dunham discussed the Millbrae tasing incident and the San Mateo County study
session on Tasers. He asked that the Council reconsider whether Burlingame Police Department should have
Tasers.
8. CONSENT CALENDAR
Mayor Colson asked the Councilmembers and the public if they wished to remove any item from the
Consent Calendar. Councilmember Brownrigg pulled item 8a.
Councilmember Ortiz made a motion to approve 8b, 8c, 8d, and 8e; seconded by Councilmember Keighran.
The motion passed unanimously by voice vote, 5-0.
a. ADOPTION OF CITY COUNCIL MEETING MINUTES FEBRUARY 19, 2019
Councilmember Brownrigg stated that on page 4 of the meeting minutes, he had asked Mr. Yakel (SFO’s
Public Information Officer) if the airport’s ADP could include improvements to the barriers that prevent
back-blast from the takeoff. He noted that Councilmember Ortiz is a member on the SFO Roundtable
Committee and has been working on the issue of back-blast. He asked that the meeting minutes reflect that
he also suggested to Mr. Yakel that if it was agreed that the back-blast was an issue that should be
undertaken, that it would be good to add it to the ADP and the EIR.
Councilmember Brownrigg stated that since the February 19, 2019 meeting, he was informed that the TOT
rate at the airport hotels is 10%. He noted that this is more competitive than the City’s rate and was curious
about who sets the SFO rate. He asked staff to find out who sets the TOT rate for the airport and if they
would be interested in moving it to 12% to match Burlingame’s rate.
Agenda Item 8a Meeting Date: 03/18/19
Burlingame City Council March 4, 2019
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Councilmember Keighran made a motion to adopt the City Council Meeting Minutes for February 19, 2019
as amended by Councilmember Brownrigg; seconded by Councilmember Beach. The motion passed
unanimously by voice vote, 5-0.
b. ADOPTION OF A RESOLUTION APPROVING THE TENTATIVE AND FINAL
SUBDIVISION MAP (PM 17-03), RESUBDIVISION OF LOT 12, BLOCK 50, MAP OF
EASTON ADDITION NO. 4 SUBDIVISION AT 1431 EL CAMINO REAL
DPW Murtuza requested Council adopt Resolution Number 020-2019.
c. ADOPTION OF A RESOLUTION APPROVING THE TENTATIVE AND FINAL
SUBDIVISION MAP (PM 18-05), LOT MERGER AND RESUBDIVISION OF LOTS L, M.
AND N, BLOCK 6, MAP OF BURLINGAME LAND COMPANY NO. 2 SUBDIVISION AT
619-625 CALIFORNIA DRIVE
DPW Murtuza requested Council adopt Resolution Number 021-2019.
d. ADOPTION OF A RESOLUTION ACCEPTING THE CALIFORNIA DRIVE COMPLETE
STREETS PROJECT BY CHRISP COMPANY, CITY PROJECT NO. 84540
DPW Murtuza requested Council adopt Resolution Number 022-2019.
e. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO
CASEY CONSTRUCTION, INC., FOR THE EASTON ADDITION AND CITY-WIDE
NEIGHBORHOOD SEWER REHABILITATION PROJECT, PHASE 4, CITY PROJECT
NO. 84192 AND ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL
SERVICES AGREEMENT WITH BELLECCI & ASSOCIATES FOR COSNTRUCTION
MANAGEMENT SERVICES RELATED TO THE PROJECT
DPW Murtuza requested Council adopt Resolution Number 023-2019 and Resolution Number 024-2019.
9. PUBLIC HEARINGS
a. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE ESTABLISHING
RESIDENTIAL IMPACT FEES ON NEW RESIDENTIAL DEVELOPMENT TO SUPPORT
WORKFORCE HOUSING
CDD Gardiner stated that affordable housing impact fees are used to support and build new homes for lower-
income residents. The fees can be charged to developers of new residential projects and used for land
purchase, construction costs, or site rehabilitation related to providing workforce housing.
CDD Gardiner stated that in 2017, the Council adopted commercial linkage fees for new commercial
development in Burlingame. The fees were established to address the linkage between new jobs developed
Agenda Item 8a Meeting Date: 03/18/19
Burlingame City Council March 4, 2019
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by commercial development and an increased demand for workforce housing. He explained that the
residential impact fees are similar as they address the impact of new residential development on the increase
of local employment and the corresponding demand on workforce housing.
CDD Gardiner stated that the proposed residential impact fees have been evaluated through two studies. The
first was a nexus study prepared as part of a countywide effort in 2015. The second was a Burlingame-
commissioned study conducted by Seifel Consulting to update the earlier nexus study. The Seifel report was
also undertaken to provide guidance on a policy approach that would allow onsite workforce housing to be
included in new residential development, as an alternative to the fees.
CDD Gardiner reviewed the proposed residential impact fees that are described in the chart below:
Impact Fee – Per Square Foot
Base With Prevailing/ Area Wage
Rental Multifamily – 11 units and above
Up to 50 du/ac $17.00 / sq ft $14.00 / sq ft
51-70 du/ac $20.00 / sq ft $17.00 / sq ft
71 du/ac and above $30.00 / sq ft $25.00 / sq ft
For Sale Multifamily (Condominiums) – 7 units and above
$35.00 / sq ft $30.00 / sq ft
Notes:
1. Rental Multifamily with total of 10 units or fewer are exempt.
2. For Sale Multifamily (Condominiums) with total of 6 units or fewer are exempt.
3. Rental projects that convert to condominiums within 10 years of completion of construction would be
subject to the fee differential as a condition of conversion.
CDD Gardiner stated that during the November 2018 Council meeting, the Council provided direction to
offer an “in-lieu” option. This option would allow developers to choose between providing affordable units
onsite or paying the impact fee. He noted that on the surface, this is similar to inclusionary housing, which
the City previously utilized. However, the “in-lieu” option is different from inclusionary housing because
the legal framework is based on impacts as opposed to being a fixed requirement.
CDD Gardiner stated that the proposed “in-lieu” option focuses on moderate income units. He stated that the
Seifel report made it clear that profit margins for residential projects in Burlingame could accommodate
moderate income but couldn’t accommodate low to very low. He noted that from a policy standpoint the
Council also wanted units to address the “missing middle”.
CDD Gardiner outlined the proposed “in-lieu” option
• Rental Multifamily – 10% of the units affordable to Moderate Income households (80-120% AMI)
for a period of 55 years
• For Sale Multifamily (Condominium) – 10% of the units affordable to Above-Moderate Income
households (120% - 150% AMI, with the price set at the 135% AMI) for a period of 55 years
Agenda Item 8a Meeting Date: 03/18/19
Burlingame City Council March 4, 2019
Unapproved Minutes
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CDD Gardiner stated that the residential impact fees will be used to support a variety of workforce programs.
He explained that this could include leveraging fees to close financing gaps on affordable housing projects or
used for emergency rental support.
Vice Mayor Beach stated that the November meeting was a great discussion. She asked if the proposed
ordinance is adopted, what will the process be to evaluate how the market is responding to the impact fees.
She asked if the Council would receive quarterly or annual check-ins so that they could make tweaks to the
ordinance if needed. CDD Gardiner stated that an annual check-in makes sense. He stated that it could be
tied in with the Annual Housing Element Report.
Councilmember Brownrigg asked if a developer utilized the State density bonus would the developer be
charged residential impact fees on the density bonus affordable units.
CDD Gardiner replied in the negative. He stated that the way to look at the density bonus is that it can help
tip the scale towards making the affordable onsite units financially work.
Councilmember Brownrigg stated that he didn’t think that the City should charge a fee on the density bonus
units but thought the language in the ordinance was ambiguous on that topic and that it should be explicit.
Mayor Colson added that the density bonus units don’t count towards the “in-lieu” option. She stated that
she believed this was a detail that should be added in the policy.
City Attorney Kane explained that the residential impact fees are being imposed because market rate housing
creates demand for workforce housing. She stated that if the developer is providing workforce housing in
the form of below market rate units as part of the envelope of the project, then it has met the need that is
created by the market rate units. She added that the number of affordable units needed to be at least equal to
the number set forth in the “in-lieu” option. She stated that the State density bonus could provide different
benefits to the developer than what is captured in the City’s “in-lieu” option. She added that in talking to the
developers, those who wish to utilize the State density bonus are looking at the moderate income units.
Councilmember Brownrigg stated that his concern is that a developer shouldn’t be able to count one
affordable unit for two different bonuses (“in-lieu” option and State density bonus).
CDD Gardiner stated that legal precedence indicates that a developer can double count a unit.
Mayor Colson stated that she is okay with the double count because it encourages affordable units. She
noted that while the City’s “in-lieu” option focuses on moderate income units, much of the State density
bonus focuses on low income units.
Councilmember Brownrigg asked if the Mayor felt that because the State was incentivizing low income units
through the density bonus that there probably would be double counting of a unit under both programs.
Mayor Colson replied in the affirmative.
Agenda Item 8a Meeting Date: 03/18/19
Burlingame City Council March 4, 2019
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Councilmember Brownrigg asked that staff include SAMCAR’s letter that stipulates that the City can do “in-
lieu” units in the proposed ordinance staff report. City Attorney Kane stated that staff would attach the letter
to the agenda packet when the item is brought back.
Councilmember Brownrigg stated that he appreciates his colleagues leaning into the “in-lieu” option. He
stated that the cost to build an affordable unit is currently between $600,000 and $700,000 a door. He noted
the proposed ordinance provides for an affordable way for public money to build units.
Vice Mayor Beach stated that one of Ms. Seifel’s points is that the State density bonus incentivizes units for
the low to very low income. She noted that the report also stated that the profit margin in Burlingame would
not be large enough for developers to build the “in-lieu” units for low to very low income. Instead, because
of the cost of land and construction in the area, utilizing the “in-lieu” option to incentivize moderate income
levels was the City’s best choice. She added that another tool that the City could utilize in the future to
obtain more affordable units would be to reduce parking requirements in exchange for units.
Mayor Colson asked about the proposed ordinance’s definition concerning the uses of the impact fee funds.
She stated that it seemed to be specifically about building housing. She explained that previously the City
Council discussed utilizing the funds for “flex support” such as emergency rental support. She explained
that she believed “flex support” to be one of the most important uses of the funds. She stated that studies
have shown that if you assist people in paying their rent for a month or two, those individuals will be able to
stay in their units for another five years. She added that there is current legislation that is looking at
instituting “flex support” as a way to mitigate homelessness.
City Manager Goldman stated that staff will be obtaining the services of a consultant to come up with a
universe of options for how the impact fees could be used.
City Attorney Kane stated that the language Mayor Colson was referencing is provision 25.82.100 of the
proposed ordinance. She stated that this provision focuses on housing versus individual households. She
explained that she believed the ordinance was drafted in a way that is broad enough in terms of the mandate
to cover an array of policies. However, she stated that if the Council wants to make “flex support” explicit in
the ordinance that this could be done. She added that if Council directs staff to make this change, it should
also be made clear that if money goes to individuals in the form of rent support, it is with the objective of
preserving affordable housing.
Mayor Colson stated that she agreed with City Attorney Kane.
Councilmember Keighran stated the she would be interested in utilizing the funds to preserve existing rental
units.
Councilmember Brownrigg concurred with Mayor Colson and thought “flex support” should be explicitly
stated in the ordinance as an acceptable use of the funds.
Agenda Item 8a Meeting Date: 03/18/19
Burlingame City Council March 4, 2019
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Mayor Colson stated pursuant to the ordinance rental units that are converted to condominiums within ten
years of completion of construction would be subject to the fee differential as a condition of conversion. She
asked if the fee differential is the differential on year one or on the year of conversion. City Attorney Kane
stated that staff hadn’t anticipated this scenario (when the fees are increased between the two situations).
She added that the idea behind this was to disincentivize cloaking and uncloaking.
Mayor Colson stated that she believed the fee should be based on the year of conversion minus what was
paid at time of application.
Councilmember Keighran stated that as of now you can’t convert rentals to condominiums unless you have
more than 20 units. CDD Gardiner replied in the affirmative.
Councilmember Keighran stated most projects wouldn’t meet the criteria for conversion because of the open
space requirement for condominiums. CDD Gardiner replied in the affirmative. He noted that Mayor
Colson’s scenario would occur where a rental unit project is built utilizing a condominium map.
Councilmember Brownrigg and Councilmember Ortiz concurred with Mayor Colson’s suggestion of basing
the fee differential on year of conversion minus what was paid.
Vice Mayor Beach raised the issue of the scenario where the fees have decreased.
Mayor Colson stated that pursuant to the ordinance, the condominium “in-lieu” option must be kept
affordable for 55 years. She stated that she didn’t mind a 55-year covenant on a multi-family residential
building. However, when dealing with for sale condominiums, the 55-year covenant would create a situation
where the individual holding the property at the 55-year mark would receive a windfall when selling the
property. She stated that she believed that covenant should run in perpetuity. City Attorney Kane stated that
she would need to do further research to see if it is possible to have an affordability restriction in perpetuity.
She noted that when researching the topic, the covenants all ran for 55-years.
Councilmember Keighran discussed the upkeep and maintenance of condominiums and stated that she felt
comfortable with a 55-year covenant.
Mayor Colson opened the public hearing. No one spoke.
Councilmember Brownrigg stated that as a former Planning Commissioner, he would suggest that when
developers avail themselves of the “in-lieu” option or the State density bonus, staff clearly define what the
Commission has discretion over.
Councilmember Ortiz stated that he feels the Council has arrived at an ordinance that will encourage
affordable housing in the community. He voiced his concurrence with Vice Mayor Beach that there should
be annual check-ins to evaluate the success of the ordinance.
Agenda Item 8a Meeting Date: 03/18/19
Burlingame City Council March 4, 2019
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As a result of the changes that the Council suggested, the ordinance was not introduced and will need to be
brought back to Council for a public hearing.
10. STAFF REPORTS AND COMMUNICATIONS
a. HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) ON THE
IMPLEMENTATION OF THE HOUSING ELEMENT OF THE GENERAL PLAN
CDD Gardiner stated that California law requires that each jurisdiction prepare a Housing Element as part of
its General Plan. This is to ensure that all jurisdictions are planning for their projected housing demand. The
City’s Housing Element was adopted in January 2015, and the City is currently starting its fourth year of the
2015-2023 planning period. Previously, the reporting was limited to just the number of building permits
issued for net new housing units during a calendar year. However, this year and going forward, there will be
more detailed reports including the housing development applications submitted, building permit activity for
new construction, completed units, entitlements, and building permits issued for new housing units.
CDD Gardiner stated that in 2018, the City issued building permits for 300 net new housing units. He noted
that the Summerhill development comprised 290 units, and the remaining 10 were accessory dwelling units.
Additionally, in 2018, the City approved 282 net new units that have been entitled but not yet issued building
permits. He stated that this includes 123 affordable units at the Village at Burlingame.
CDD Gardiner stated that Burlingame’s share of the Regional Housing Needs Allocation (“RHNA”) in this
cycle is 863 units. Therefore, the City is on track to achieve its RHNA in terms of total number of units
built. He added that the Village at Burlingame project is the first time the City has been able to address units
needed in the low and very low-income categories.
CDD Gardiner stated that there are multiple projects that have been proposed and submitted for entitlements
that are currently under review and therefore don’t show up in the report. He noted that the applications in
progress could result in up to 611 net new units.
Councilmember Brownrigg asked if he was correct that there are 132 units at Village and not 123. CDD
Gardiner replied in the affirmative.
Mayor Colson discussed her work on the Housing and Community Development Commission. She noted
that the Commission works with very low income housing. She explained that this is a hard category for the
City to address as it doesn’t quality as an underserved community in order to receive federal grants.
Therefore, she stated that Councilmember Keighran’s previous suggestion of utilizing residential impact fees
to preserve existing housing stock could help with ensuring housing for the low and very low income
categories. She added that there is work being done at the State and Federal level to ease restrictions in the
Bay Area concerning tax benefits for developers. She asked that staff keep track of this legislation so that
the Council could support it.
Mayor Colson opened the item up for public comment.
Agenda Item 8a Meeting Date: 03/18/19
Burlingame City Council March 4, 2019
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Burlingame resident Mike Dunham discussed the RHNA numbers and his concern that RHNA goals will
become more ambitious and the City will struggle to keep up with the demand.
Mayor Colson closed public comment.
Councilmember Brownrigg stated that the challenge the City has to acknowledge is that most of the land in
the City is privately owned. He added that the reason that the units in the Village project can be so
affordable is because it is City owned land and the City is working with the developer. He stated that the
cost of building affordable housing on privately owned land is prohibitive to the creation of the affordable
housing.
Councilmember Ortiz stated that the Council has come a long way in terms of affordable housing and is very
much focused on the low and very low income levels. He explained that the City will continue to focus on
this matter and on finding solutions to assist at the low and very low income levels.
Mayor Colson noted that there is a structural problem in how low income housing tax credits are allocated,
and cities like Burlingame haven’t always been given a fair share. Therefore, she stated that the City should
push for more Section 8 housing vouchers and ensure that landlords will accept them. She stated that the
City also needs to work with the County and the State on this issue.
Councilmember Brownrigg made a motion to accept the Housing Element Annual Progress Report;
seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0.
b. CONSIDERATION AND ADOPTION OF A RESOLUTION APPROVING A DEBT
MANAGEMENT POLICY FOR THE CITY OF BURLINGAME
Finance Director Augustine stated that Senate Bill 1029 entitled “California Debt and Investment Advisory
Commission Accountability Reports” requires municipalities to update their debt management policies. SB
1029 mandates tracking of state and local government borrowing and spending of bond proceeds in an effort
to increase transparency and improve public knowledge. She explained that a debt management policy does
the following:
• Establishes the parameters for issuing debt and managing the debt portfolio
• Provides guidance regarding: purposes for which debt may be issued, types and amounts of
permissible debt, and method of sale
• Demonstrates a commitment to long-term financial planning
Finance Director Augustine explained that SB 1029 has five main requirements. The first requirement is to
outline the purposes for which the debt proceeds may be used. She noted that for the City, this will be
capital improvements, capital assets, and project needs, if:
• Included in the CIP,
• Debt not to exceed useful life of the asset,
Agenda Item 8a Meeting Date: 03/18/19
Burlingame City Council March 4, 2019
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• Most cost-effective funding available, and
• Fiscally prudent
Finance Director Augustine stated that the second requirement is to outline the types of debt that may be
issued. The City’s proposed policy states that the following types of debt may be issued: general obligation,
lease revenue bonds, revenue bonds (enterprise), pension obligation bonds, refunding bonds, and other.
Finance Director Augustine stated that the third requirement is to outline the relation of the debt to, and
integration with, the issuer’s capital improvement program or budget, if applicable. The primary purpose of
this is to obtain long-term capital assets that should be:
• Included in the CIP program,
• Are necessary for high quality public services, and
• Spread the cost to current and future beneficiaries.
•
Additionally, the debt must be sustainable over the life of the capital asset.
Finance Director Augustine stated that the fourth requirement is to outline the policy goals related to the
issuer’s planning goals and objectives. She stated that the policy goals for the City are:
• Maintain cost effective access to capital markets
• Balance capital demands through alternate financing mechanisms
• Maintain moderate debt levels
• Ensure timely and accurate payment
• Maintain complete financial disclosure
• Ensure compliance with laws regulating debt
Finance Director Augustine stated that the fifth requirement is to outline the internal control procedures that
the issuer has implemented, or will implement, to ensure that the proceeds of the proposed debt issuance will
be directed to the intended use. She explained that the proposed policy outlines four internal control
procedures:
• File Continuing Disclosure Annual Report with State and with Electronic Municipal Market Access
• Verify that expenditures are for intended use
• Report change in scope of financed project
• Report material event
Councilmember Ortiz stated that on page 2 of the proposed policy, the list of acceptable uses and conditions
wouldn’t allow for a pension obligation bond. However, he stated that the proposed policy lists pension
obligation bonds as an acceptable type of debt. Finance Director Augustine stated that acceptable uses only
cover capital improvement projects. She explained that she would correct the language so that pension
obligation bonds are included.
Councilmember Brownrigg asked if he was correct that the debt management policy was a housekeeping
matter to ensure a strong bond rating. Finance Director Augustine replied in the affirmative.
Agenda Item 8a Meeting Date: 03/18/19
Burlingame City Council March 4, 2019
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Councilmember Brownrigg stated that he read the policy as a taxpayer and not as a Councilmember. He
explained that as a taxpayer he would like the City and school districts to coordinate bond offerings and
recognize the taxpayer’s total burden. He added that the City has to acknowledge that the community has
raised real concerns about the equity of Prop 13 over time. He explained that he believed the debt policy
should bear in mind that there is a growing sense that it is unfair that newcomers are paying much more than
older residents.
Mayor Colson stated that on page three of the policy under acceptable uses, it says acquisition of a capital
asset with a useful life of three or more years. She noted that then on a later page it says all capital assets
with a useful life of less than five years shall be funded on a pay as you go basis. She explained that she was
confused if capital asset was three or five years. Finance Director Augustine replied that it is five years and
that she would correct the earlier reference.
Mayor C olson stated that on page 10 of the policy under compensation for services it states: “compensation
for the bond counsel, underwriter’s counsel, financial advisors and other financial services will be as low as
possible, given desired qualification levels, and consistent with industry standards.” She noted that this
language insinuates that the City takes the low bid. However, she didn’t believe that this is always in the
City’s best interests. Therefore, she stated that the language should be amended to state: “will be as low as
possible, balanced by the given desired qualification levels and consistent with industry standards.”
Mayor Colson stated that page six the policy discusses derivatives as a way to manage interest rate risk and
cost. She noted that the utilization of derivatives in the past was one of the ways that investors and pension
funds got in trouble. She explained that Wall Street changes derivative structures constantly, and therefore if
the City doesn’t fully understand them, then they shouldn’t be used. She added that at some point if the City
did want to use derivatives, they could hire a third party for assistance.
Councilmember Ortiz stated that he believed that derivatives should be left as an option for the City.
Councilmember Brownrigg stated that he thought it could be in the policy as an option with the
recommendation to staff that prior to utilizing derivatives that a third party expert be brought in for
assistance.
Mayor Colson and Vice Mayor Beach agreed with Councilmember Brownrigg’s suggestion.
Councilmember Ortiz stated that he didn’t believe it was very common to use derivatives. He asked if the
City had ever done anything in this area. Finance Director Augustine replied in the negative.
Mayor Colson opened the item up for public comment. No one spoke.
Councilmember Brownrigg made a motion to adopt Resolution Number 025-2019; seconded by
Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0.
Agenda Item 8a Meeting Date: 03/18/19
Burlingame City Council March 4, 2019
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11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
a. MAYOR COLSON’S COMMITTEE REPORT
b. VICE MAYOR BEACH’S COMMITTEE REPORT
12. FUTURE AGENDA ITEMS
Councilmember Brownrigg asked the staff to track SB 330.
13. ACKNOWLEDGEMENTS
The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Parking & Safety
Commission, Beautification Commission, Parks and Recreation Commission and Library Board of Trustees
are available online at www.burlingame.org.
14. ADJOURNMENT
Mayor Colson adjourned meeting at 9:17 p.m.
Respectfully submitted,
Meaghan Hassel-Shearer
City Clerk
1
STAFF REPORT
AGENDA NO: 8b
MEETING DATE: March 18, 2019
To: Honorable Mayor and City Council
Date: March 18, 2019
From: Syed Murtuza, Director of Public Works – (650) 558-7230
Subject: City Council Appointment of Rosalie O’Mahony to Represent the City of
Burlingame on the Boards of the Bay Area Water Conservation Agency and
the Bay Area Regional Water Financing Authority
RECOMMENDATION
Staff recommends that the City Council appoint Rosalie O’Mahony to represent the City of
Burlingame on the Bay Area Water Conservation Agency (BAWSCA) and the Bay Area Regional
Water Financing Authority (RFA) Boards.
BACKGROUND
Former Mayor and Councilmember Rosalie O’Mahony has been representing the City of
Burlingame as a founding member and director of the BAWSCA and RFA boards since their
establishment in 2004. She served as the Board Chair from 2004 to 2008 and also has served on
Board Policy Committees for several years. Her four-year terms on both boards will expire on June
30, 2019.
The enabling acts of both the BAWSCA and RFA boards allow the City to reappoint the Director
for an unlimited number of terms or to appoint a new Director at the end of each term. The
appointment will be for a four-year term through June 2023.
DISCUSSION
To serve as a Director on both boards, the appointee must be a resident of the City and a registered
voter in the City but need not be a City Councilmember. The appointment must be made at a public
meeting by an action of the full City Council.
The Council may re-appoint Director O’Mahony to continue representing Burlingame at the
BAWSCA and RFA boards for the next term. Alternatively, the Council may appoint a current
Councilmember as the new director for both boards.
By re-appointing Director O’Mahony, the City would be able to take advantage of her vast
knowledge and experience in dealing with regional water supply issues and her familiarity with
BAWSCA policies, the San Francisco Public Utilities Commission, regulatory agencies, and
legislators. Alternatively, having a Councilmember represent the City on the boards will provide
the stature of an elected member of the governing body on the boards.
Council Appointment of Rosalie O’Mahony to the Boards of BAWSCA and RFA March 18, 2019
2
Attached is a letter from Nicole Sandkulla, Chief Executive Officer of BAWSCA, regarding the
matter.
FISCAL IMPACT
None.
Exhibit:
• BAWSCA Appointment Letter
1
STAFF REPORT
AGENDA NO: 9a
MEETING DATE: March 18, 2019
To: Honorable Mayor and City Council
Date: March 18, 2019
From: Kathleen Kane, City Attorney – (650) 558-7204
Kevin Gardiner, Community Development Director – (650) 558-7253
Subject: Public Hearing and Introduction of an Ordinance Establishing Residential
Impact Fees on New Residential Development to Support Workforce
Housing
RECOMMENDATION
Staff recommends that the City Council consider an ordinance establishing Residential Impact Fees
for new residential developments to support workforce housing in the city.
In order to do so, the Council should:
A. Receive the staff report and ask any questions of staff.
B. Request that the City Clerk read the title of the proposed ordinance.
C. By motion, waive further reading and introduce the ordinance.
D. Conduct a public hearing.
E. Following the public hearing, discuss the ordinance and determine whether to bring it back
for second reading and adoption. If the Council is in favor of the ordinance, direct the City
Clerk to publish a summary of the ordinance at least five days before its proposed adoption.
BACKGROUND
Affordable housing impact fees are used to support and build new homes for lower-income
residents. The fees can be charged to developers of new residential projects and used for land
purchase, construction costs, or site rehabilitation related to providing workforce housing.
Jurisdictions may tailor the fees so they meet local needs. The fees can be adjusted for a wide
variety of reasons, so long as they are not arbitrary or capricious, and so long as the fees for all
projects remain below the legal maximum.
As part of the San Mateo County “21 Elements” multi-jurisdictional effort, a Residential Impact Fee
Nexus Study was prepared for the City of Burlingame, together with a Commercial Linkage Fee
Nexus Study. These studies describe and quantify how the development of homes, offices, and
commercial space creates a need for housing, particularly for very low-, low- and moderate-income
residents. The maximum impact fees that can be legally charged were calculated by estimating the
number of new worker households associated with new development. A final analysis was then
completed that considered factors like local conditions and the fees of neighboring jurisdictions to
Residential Impact Fees Ordinance March 18, 2019
2
determine a potential range of impact fees. These studies enable the City Council to consider the
adoption of commercial linkage and/or residential impact fees that would be used to provide
affordable housing.
On June 19, 2017, the City Council adopted an ordinance establishing commercial linkage fees for
new commercial development in Burlingame. The adopted fees are $7.00 per square foot for new
retail development, $12.00 per square foot for new hotel development, $18.00 per square foot for
office projects of 50,000 square feet or less, and $25.00 per square foot for office greater than
50,000 square feet. For developers who utilize prevailing wages or area standard wages, the fees
are $5.00 per square foot for new retail development, $10.00 per square foot for new hotel
development, $15.00 per square foot for office of 50,000 square feet or less, and $20.00 per square
foot for office greater than 50,000 square feet. Over time, these fees will provide a dedicated
source of funding for programs supporting workforce housing in Burlingame.
On February 12, 2018, the City Council considered the establishment of residential impact fees
that would apply to new residential development in Burlingame. The City Council directed staff to
further study potential fee levels and structures, consider an on-site “in-lieu” option for providing
affordable units within development projects, and obtain input from housing developers and other
stakeholders.
Following direction from the City Council, staff engaged Seifel Consulting Inc. to prepare an
analysis on options for residential impact fees. A key focus of the Seifel Consulting work program
was to develop recommendations related to the potential adoption of new fees on residential
development and the best strategies to incentivize the on-site provision of affordable housing within
new development as part of the City’s housing program. Seifel Consulting subsequently prepared
a memorandum reflecting findings of the analysis and input from the City Council (attached).
On November 14, 2018, the City Council held a special meeting to review the Seifel Consulting
report and provide direction on establishing residential impact fees (November 14, 2018 City
Council Meeting Minutes attached).
On February 11, 2019, the Planning Commission held a public hearing to review the residential
impact fees analysis, proposed ordinance, and accompanying area standard wage resolution. The
Commission provided a recommendation to the City Council to approve the ordinance and
resolution as proposed (February 11, 2019 Planning Commission Meeting Minutes Excerpt
attached).
On March 4, 2019, the City Council considered a draft ordinance establishing residential impact
fees. Councilmembers suggested the following changes to the ordinance:
• Clarification that units provided through State Density Bonus provisions are not subject to
residential impact fees;
• Clarification that impact fees may be utilized to support a variety of housing programs that
benefit the workforce, including “flex support” to provide emergency assistance to workforce
households experiencing unanticipated short-term income disruptions, as well as preservation
of existing affordable rental housing stock;
• Clarification that if a project converts from rental to condominium ownership within ten years of
Residential Impact Fees Ordinance March 18, 2019
3
construction, the applicable fee differential shall be based on the fee structure in place at the
time of conversion to condominiums, minus the fees originally submitted at the time of
construction.
The ordinance is being introduced with these changes incorporated. Additional details are provided
in the discussion below.
In addition, there was a request to include with the staff report a letter sent to the City Council from
the San Mateo County Association of Realtors (SAMCAR) regarding residential impact fees. The
letter, dated June 27, 2018, is included as an attachment.
DISCUSSION
Housing Need: For years, housing development in Burlingame and San Mateo County has not
kept up with the thousands of new jobs added, and the problem has gotten worse in recent years.
Between 2010 and 2016, San Mateo County added 79,000 new jobs, but only 4,941 new homes
of all types. The resulting jobs-housing gap ratio was 1 to 16. In other words, only one new housing
unit was built for every 16 new jobs created. This jobs-housing gap drives up the cost of housing
for homebuyers and renters alike, produces congestion and long commutes for workers, and forces
friends and family members to move away because they can no longer afford to live in Burlingame
or San Mateo County.
A significant number of new jobs pay wages that are not sufficient to cover local housing costs.
This includes jobs generated by new development. The region’s driving economic sectors are
increasingly split between high-wage jobs in industries such as professional and technical services,
and low-wage jobs in hospitality, childcare, retail, and others. Those in the low-wage workforce
increasingly commute into the area from long distances, which results in increased traffic in the
region and ultimately limits the pool of employees for local businesses. For a worker earning
minimum wage, the cost of gas and bridge tolls together with long commute times make it difficult
(if not infeasible) to justify employment in a low wage local job. Local service businesses have
reported difficulty hiring and retaining employees, even when offering wages well above minimum
wage.
The City of Burlingame has been proactive in addressing the supply aspect of the housing situation
through the encouragement and approval of significant numbers of new housing units. The
Burlingame Downtown Specific Plan, together with the 2015 Housing Element and recently adopted
General Plan Update, have emphasized the construction of new housing units to address the
increased demand for housing units near employment in Burlingame and San Mateo County. Per
the City’s most recent Residential Projects Overview document (attached), 645 units have been
approved, and an additional 644 units are currently under review by the Planning Commission, for
a total of 1,289 units. Of these, 243 would be priced below market rate for households in the
Moderate, Median, Low, or Very Low income categories.1 Looking to the future, the General Plan
1 By government definition, “Moderate-Income” means a household with an income that is 120% of the “Area
Median Income” (AMI), “Low-income” means a household with an income that is 80% of AMI, “Very-Low
Income” means a household with an income that is 50% of AMI, and “Extremely-Low Income” means a
household with an income at 30% of AMI. In 2018 (the most recent year data is available), the San Mateo
County AMI was $82,900 for a single-person household, $94,700 for a two-person household, and
Residential Impact Fees Ordinance March 18, 2019
4
Update has had a strong emphasis on promoting housing production, with increased residential
densities and the addition of new housing areas in the northern portion of the city.
Legal and Policy Context: Impact fees are charges imposed by jurisdictions that can be used to
support and build new development. Since the 1970s, California cities have used impact fees to
reduce costs paid by the public for items like roads, parks, schools, water, and sewer. The money
generated by housing impact fees is placed into a fund to help pay for new affordable housing.
Fees can be set per square foot, per unit, or by some other measure, and can only be applied to
new development projects. Before being adopted, jurisdictions must show that there is a
connection, or nexus, between the impacts of development and the fees charged.
A nexus study assesses the connection between new development and the need for new affordable
housing. This is accomplished by calculating the number, type, and salaries of jobs that will result
from a new development. The study then establishes the maximum impact fee that can legally be
charged to a developer for each type of development being studied. Residential developments
include townhomes, condominiums, and apartments.
The logic behind impact fee nexus studies is that residents of new housing spend money on goods
and services like landscaping, childcare, and restaurants. Many of the workers providing these
services and working at these new businesses earn lower wages, and cannot afford to buy or rent
a home at market-rate. Nexus studies calculate the maximum fees that would be necessary to
bridge the difference between what these new worker households can afford to pay, and the cost
of developing housing units to accommodate them.
While a nexus study will inform a jurisdiction about the maximum amount it can legally charge as
an impact fee, the maximum fee level may not be appropriate given local housing market
conditions, existing fee levels in the region, or the jurisdiction’s current fee structure. A feasibility
study considers these conditions and recommends a more appropriate range of fees that does not
unduly burden or lessen the profitability of new development. The study prepared by Seifel
Consulting evaluates the feasibility of residential impact fees on both rental and for-sale
development, utilizing recently obtained market data.
Proposed Fee Structure: At the November 14th City Council meeting, the Council provided
direction for a tiered fee structure, with tiers based on residential density and whether a project is
rental or for sale. The Planning Commission concurred with this fee structure in its recommendation
for approval to the City Council.
As demonstrated in the Seifel Consulting study, rental projects have a significantly lower developer
margin/return compared to for sale projects: therefore, the feasibility of a rental project is more
sensitive to variables in cost such as impact fees. Likewise, the feasibility of a lower density project
is more sensitive to fees than a higher density project because the fixed costs are distributed over
fewer units.
$118,400 for a household of four.
Residential Impact Fees Ordinance March 18, 2019
5
Table 1 summarizes the fee structure proposed by the City Council at its November 14th meeting,
and further recommended by the Planning Commission:
TABLE 1:
PROPOSED RESIDENTIAL IMPACT FEE STRUCTURE
Impact Fee – Per Square Foot
Base With Prevailing /
Area Wage
Rental Multifamily – 11 units and above
Up to 50 du/ac $17.00 / sq ft $14.00 / sq ft
51-70 du/ac $20.00 / sq ft $17.00 / sq ft
71 du/ac and above $30.00 / sq ft $25.00 / sq ft
For Sale Multifamily (Condominiums) – 7 units and above
$35.00 / sq ft $30.00 / sq ft
Notes:
1. Rental Multifamily with total of 10 units or fewer are exempt.
2. For Sale Multifamily (Condominiums) with total of 6 units or fewer are exempt.
3. Rental projects that convert to condominiums within 10 years of completion of
construction would be subject to the fee differential as a condition of conversion. The fee
differential shall be based on the fee structure in place at the time of conversion to
condominiums, minus the fees originally submitted at the time of construction.
In-Lieu Option: Developers would have an “in-lieu” option where the developer could choose to
provide an affordable unit or units on site in lieu of submitting the impact fee. Whether a developer
would choose an on-site option would depend on a number of factors such as the amount of the
impact fee, the size of the development, the comparable cost of underwriting the affordable units
for the designated time period and affordability level, and whether the ownership of the
development is expected to be retained or sold at completion of construction. For example, a
developer building apartments that it intends to own and manage for an extended time frame may
have a different perspective and make a different choice than a developer building condominiums
to be sold at completion of construction.
At the November 14th City Council meeting, the Council provided direction for in-lieu options for
both rental and for sale projects:
• Rental Multifamily – 10% of the units affordable to Moderate Income households (80% -
120% AMI) for a period of 55 years
• For Sale Multifamily (Condominiums) – 10% of the units affordable to Above-Moderate
Income households (120% - 150% AMI, with the price set at the 135% AMI level) for a
period of 55 years
Changes Since the March 4, 2019 City Council Meeting: On March 4, 2019, the City Council
opened a public hearing to introduce an ordinance establishing residential impact fees. The
following changes have been made to the ordinance in response to Council direction:
State Density Bonus Clarification. Section 25.82.050 has been revised to clarify that
affordable units provided through State Density Bonus provisions are not subject to
residential impact fees.
Residential Impact Fees Ordinance March 18, 2019
6
Use of Affordable Housing Funds. Section 25.82.100 has been revised to reflect a range of
potential housing programs that benefit the workforce, as follows:
(a) Purpose and Limitations. Monies deposited in the fund shall be used to
increase, and improve, and/or protect the supply of housing affordable to moderate-, low-,
very low-, and extremely low-income households. Such purpose may include but not be
limited to the construction of new affordable units, includes the purchase of affordability
covenants or similar initiatives whose purpose is to preserve existing affordable housing
that may otherwise be lost due to market conditions, and support to workforce households
experiencing unanticipated short-term income disruptions. Monies may also be used to
cover reasonable administrative or related expenses associated with the administration of
this chapter.
Conversion from Rental to Condominium Ownership. Section 25.82.030(c) has been
revised to specify that if a project converts from rental to condominium ownership within ten
years of construction, the applicable fee differential shall be based on the fee structure in
place at the time of conversion to condominiums, minus the fees originally submitted at the
time of construction.
Status/Progress Report: At the March 4th City Council meeting, Councilmembers expressed
interest in having a progress report of the residential impact fee program after one or two years.
Staff suggests that the status of both the residential impact fee and commercial linkage fee
programs be included in the Housing Element Annual Progress Report (APR). The State requires
the City Council to review the APR before April 1st of each year prior to it being submitted to the
California Department of Housing and Community Development (HCD) and the Governor's Office
of Planning and Research.
FISCAL IMPACT
Estimating potential fees anticipated to be collected depends on a number of variables, including
the residential densities, sizes of units (since the fees are typically based on square feet, not
number of units), and the sliding scale of the fees themselves. The proposed ordinance would also
provide discounts for projects paying prevailing construction wages, similar to the model the City
adopted for commercial linkage fees. Furthermore, if an in-lieu option is offered, the impact fees
collected would be lower depending on how many units are built with projects.
Upon adoption, residential impact fees will apply to new residential projects that have not had
applications deemed complete as of the effective date of the ordinance implementing the fee. In
the near term (within the next five years), staff estimates that there could be potentially 400 to 600
new units that have been discussed in conjunction with the update of the General Plan, based on
property owner input, and factoring the residential densities proposed in the Draft General Plan.
Over the course of the General Plan, up to 2,951 units are projected through the year 2040.
Table 2 below provides rough estimates of the range of potential fees that could be collected,
working with the assumption that applications for 400 to 600 new units may be contemplated in the
near term (approximately 5 years). For purposes of the estimate, the assumption is an average unit
size of 850 square feet. The estimate provides a range of potential fees based on:
Residential Impact Fees Ordinance March 18, 2019
7
• Lowest fee - $14.00/sq ft for a rental project 50 units/acre or less with prevailing/area wage
• Medium/Average fee - $23.50/sq ft based on an average of all fee levels
• High fee - $30.00/sq ft based on prevalence of higher density rental projects and/or for
sale/condominium projects
TABLE 2:
ESTIMATE OF POTENTIAL NEAR-TERM HOUSING IMPACT FEES
Units
Floor Area
(assuming 850
sf/unit)
Housing Impact
Fees – Low
($14.00/sf)
Housing Impact
Fees –
Medium/Average
($23.50/sf)
Housing Impact
Fees – High
($30.00/sf)
400 340,000 $4,760,000 $7,990,000 $10,200,000
600 510,000 $7,140,000 $11,985,000 $15,300,000
Table 3 below includes three scenarios that adjust for the in-lieu option, whereby some or most
projects would choose to provide an affordable unit or units on site in lieu of submitting the impact
fee. These scenarios are hypothetical, as it is not possible to forecast what proportion of new
projects would choose the in-lieu option; the scenarios are presented for informational purposes.
This table was first presented in the staff report for the March 4th City Council meeting, and has
subsequently been expanded to include the number of on-site units that would be produced in each
scenario.
TABLE 3:
ESTIMATES OF POTENTIAL NEAR-TERM HOUSING IMPACT FEES
Units
Number of
On-Site
Affordable
Units
Provided
Through In-
Lieu Option
Housing
Impact Fees
Low
($14.00/sf)
Housing
Impact Fees
Medium /
Average
($23.50/sf)
Housing
Impact Fees
High
($30.00/sf)
400 Units
25% projects utilize in-lieu option 10 $3,570,000 $5,992,500 $7,650,000
50% projects utilize in-lieu option 20 $2,380,000 $3,995,000 $5,100,000
75% projects utilize in-lieu option 30 $1,190,000 $1,997,500 $2,550,000
600 Units
25% projects utilize in-lieu option 15 $5,355,000 $8,988,750 $11,475,000
50% projects utilize in-lieu option 30 $3,570,000 $5,992,500 $7,650,000
75% projects utilize in-lieu option 45 $1,785,000 $2,996,250 $3,825,000
Exhibits:
• City Council Meeting Minutes – November 14, 2018
• Planning Commission Meeting Minutes Excerpt – February 11, 2019
Residential Impact Fees Ordinance March 18, 2019
8
• Proposed Ordinance
• Proposed Resolution – Area Standard Wage Policy
• “Financial Analysis of Proposed Affordable Housing Program, City of Burlingame” – Seifel
Consulting
• San Mateo County Association of Realtors (SAMCAR) Letter – June 27, 2018
• Residential Applications Overview – March 2019
Burlingame City Council November 14, 2018
Approved Minutes
1
BURLINGAME CITY COUNCIL
Approved Minutes
Residential Impact Fee Study Session on November 14, 2018
1. CALL TO ORDER
A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall
Council Chambers.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Community Development Director Kevin Gardiner
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz
MEMBERS ABSENT: None
4. PUBLIC COMMENT
There was no public comment.
5. STAFF REPORTS AND COMMUNICATIONS
a. DISCUSSION OF RESIDENTIAL IMPACT FEES
Mayor Brownrigg noted that the Council’s discussion on residential impact fees was an important part of the
General Plan. He asked that the Council come to a decision so that the residential impact fees would be in
place prior to the adoption of the updated General Plan. He added that it is important that affordable housing
be an outcome of the General Plan.
CDD Gardiner stated that in 2017, the City Council adopted an ordinance establishing commercial linkage
fees for new commercial development in Burlingame. These fees were established to account for the impact
that new commercial development has on housing for the workforce.
CDD Gardiner stated that in February 2018, the City Council considered establishing residential impact fees.
The Council asked staff to look at the economics of an onsite in-lieu option as an alternative to impact fees.
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The City’s consultant, Libby Seifel, stated that the purpose of the study her firm conducted was to determine
how best to encourage developers to build affordable housing in lieu of paying fees. She noted that the cost
of construction and land has made it more difficult to deliver housing in the Bay Area.
Ms. Seifel stated that predevelopment is the most difficult part of the process. This is because at this stage in
the project, capital is most expensive and requires significant returns to attract investment. For development
to move forward, the cost has to be lower than the value of the development in order to provide a developer
margin of return.
Councilmember Keighran stated that the margin could be affected by the construction timeline. She noted
that the construction timeline can often extend past its original date, which causes an increase in construction
costs. Ms. Seifel replied in the affirmative.
Ms. Seifel reviewed development costs. She stated that soft costs like environmental review, land issues,
and parking are unpredictable. She explained that what a developer pays for the construction depends on the
type of project. Two to five story developments are the least expensive, with eight stories and above being
the most expensive because of the need for below-grade parking and reinforced structures.
Ms. Seifel explained that generally the cost of parking increases dramatically the further below grade a
project goes. She noted that it is much more cost effective to build parking on a podium above grade.
Ms. Seifel discussed land acquisition costs. She explained that land value is determined by either the sales
price, negotiated purchase based on appraised value, or residual land value analysis based on new
development potential. She stated that from a property owner’s perspective, the value of the land is based on
revenues generated. She added that the value of land in Burlingame ranges from $6.8 million to $16 million
per acre. She stated that for this analysis, her team chose a conservative range of $200-260 per square foot
(approximately $9 million per acre).
Ms. Seifel explained that her team studied three typical development types:
1. Multifamily apartments on a 3-acre site (density range of 50-120 du/acre)
Ms. Seifel explained that they looked at a 3-acre site with 150 units and at alternative densities of 210 and
360 units. She stated that in order to obtain institutional capital, the project usually needs to be more than
200 units. She explained that her team studied requiring 10% to 15% affordable housing as the in-lieu of
fees option. Her team also looked at the effects of a project being done at 100% market rate. She noted that
in Burlingame, the average unit size is 850 net square feet, and the market rate is approximately
$3,750/month. She added that the parking ratio is 1.45 spaces per unit. Therefore, a project with 150 units
would have 220 parking spaces.
2. Condominiums on a .5 acre site (50 du/acre)
Ms. Seifel explained that for condominiums, her team studied a .5 acre site with 25 units, with the onsite
option requiring 10% to 15% affordable. She noted that the average unit size was 1,000 net square feet, with
an average sales price of $940,000, and a parking ratio of 2 spaces per unit.
Burlingame City Council November 14, 2018
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3. Single family attached homes on a 1.7 acre site (18 du/acre)
Ms. Seifel explained that for single family attached developments, her team studied a 1.7 acre site with 31
units. The average unit size was 1,500 net square feet, average sales price is approximately $1.63 million,
and the parking ratio is 2 spaces per unit.
Ms. Seifel reviewed the housing fees in other San Mateo County jurisdictions. She stated that the middle
range of fees is $15 to $25 per square foot for housing fees. She noted that the higher end of fees for
apartments is $35 per square foot, and the lower end is $10 per square foot. She explained that her team
reviewed the feasibility of the City adopting $10, $15, and $20 per square foot fees for apartments.
Mayor Brownrigg stated that many of the cities in San Mateo County have inclusionary housing. He asked if
other cities were giving developers the option of fees or onsite affordable housing. Ms. Seifel explained that
because of the decision in Palmer/Sixth Street Properties L.P. v. City of Los Angeles, many jurisdictions
were no longer able to have inclusionary housing over both rental and for sale. Therefore, many jurisdictions
went through a nexus process and adopted a fee for their residential rental program. The impact fee could
apply for rental and for sale, or just for rental. She noted that some jurisdictions had inclusionary housing
requirements that have been in place for a long time, with the option of paying a fee in lieu of providing
housing. CDD Gardiner added that jurisdictions that have both fees and inclusionary housing requirements
often have tiered fees. For example, in Redwood City, the developer pays a fee for projects up to 20 units; if
the project is more than 20 units, the developer must provide inclusionary housing.
Councilmember Keighran asked if there are any cities that have a tiered fee system. Ms. Seifel responded
that every city is unique. She explained that usually there is a threshold below which inclusionary housing
does not apply.
Councilmember Keighran asked about property values in Burlingame compared to other Peninsula cities.
Ms. Seifel explained that her team didn’t obtain the best sample size of land transactions. She added that
many of the commercial land owners have owned their property for a long time, thereby invoking Prop 13.
She noted that for these land owners, there needs to be an incentive to sell.
Ms. Seifel discussed apartment development feasibility at alternative housing fee levels. She stated that if
there is a feasibility gap at the $15 impact fee level, it will get exacerbated if the fee is increased. She
explained that the reason the 120 unit per acre project is penciling is because the developer is able to
amortize the $10 million cost across more units.
Ms. Seifel stated that in order to get to the density that is needed in Burlingame, the City will need to look at
decreasing parking requirements.
Ms. Seifel showed a slide that depicted developers’ return on costs for an apartment building. She explained
that return on cost is how the developers are measuring their supportable project costs. She noted that the
slide shows that the 50 dwelling units per acre or 70 units per acre aren’t penciling. However, if the density
is increased to 120 dwelling units per acre, developers are able to obtain a return on costs and pay housing
impact fees.
Burlingame City Council November 14, 2018
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Mayor Brownrigg stated that 120 dwelling units per acre is a seven story building. Ms. Seifel stated that
with a tighter parking configuration, it could be six stories.
Mayor Brownrigg stated that seven stories is approximately 75 feet and asked if the City would run into
FAA limits in any areas of the city. CDD Gardiner replied in the negative and stated that the FAA height
limit at the Bayfront is 160 feet, and at El Camino Real it is 130 feet.
Ms. Seifel reviewed condominium development feasibility and single family attached developments at
alternative housing fee levels. She stated that the fee is a relatively small piece of the total price, and there is
little to no feasibility gap.
Councilmember Beach asked Ms. Seifel to discuss how the State Density Bonus program impacted her
findings. Ms. Seifel explained that under the 35% Density Bonus, a site that had been zoned for 50 dwelling
units per acre could be increased to approximately 70 dwelling units per acre. She explained that when her
team did this analysis, they assumed that every unit would be paying the fee regardless of whether or not it
was density bonus. She added that if the developer chose the inclusionary housing in lieu of the fee, it would
be on the base number of units, not the density bonus.
Ms. Seifel reviewed a chart of the 2018 household income levels in San Mateo County. She explained that a
studio unit is assumed to have a one-person household, a one bedroom unit is assumed to have a two-person
household, and a two bedroom is assumed to have a three-person household. She stated that this is a
standard that a lot of communities adopted. She pointed out that what the chart is saying is that a typical
family of four earns $118,000. She explained that low income is typically 80% of the median income.
However, on the chart 80% of median income for a family of four is $117,000. The reason for this is that the
cost of housing has increased, and HUD has set the low income threshold to correspond with the housing
costs and incomes. Therefore, low income levels have increased.
Ms. Seifel stated that her team reviewed what households at various levels of income can afford to pay for
rent. She explained that a household at 80% AMI can afford $2400 per month. Someone at 60% AMI can
afford approximately $1700 per month. However, she stated that the average market rent in Burlingame is
$3,750 per month. Ms. Seifel explained that every time developers have to provide affordable housing, they
have to figure out how to make up the gap between market rate and affordable.
Ms. Seifel stated that in reviewing the market value of an apartment unit, for 50% AMI, the restricted value
is $275,000 while the market rate is $700,000. Therefore, it creates a gap of $425,000. She noted that the
higher the AMI percentage, the smaller the gap.
Mayor Brownrigg stated that if a project with 100 units was asked to build 15% affordable, the cost would be
spread out over the entire project. Therefore, the gap would be smaller. Ms. Seifel replied in the affirmative.
Ms. Seifel reviewed a chart that showed the apartment affordability gap at alternative onsite requirements.
She stated that if the requirement was 10% of the units affordable at 110% AMI, it would equate to a fee of
$20 per square foot. If 10% of the units were affordable at 50% AMI, it equates to approximately $50 per
square foot. She noted that this analysis was undertaken because Council asked how the City can incentivize
developers to build onsite rather than pay a fee. She added that developers typically prefer to pay the fee.
Burlingame City Council November 14, 2018
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Ms. Seifel stated that condominiums and single family homes can afford impact fees but not necessarily
onsite housing.
Ms. Seifel stated that after reviewing different scenarios, the main takeaway is that with increased density,
the fees are more feasible because the costs are spread across more units. Additionally, if the City wants to
incentivize onsite housing, it should be no more than a 10% requirement.
Ms. Seifel reviewed the key findings from the apartment analysis:
1. Apartment rents are not keeping pace with construction and land cost increases
2. Depending on project costs, apartment projects do not yield sufficient returns to attract capital
(feasibility gap)
3. Burlingame has a significant apartment affordability gap (gap between market rents and affordable
rents)
4. Higher density alternatives are more feasible as cost of land can be spread across more units
5. 10% onsite affordable housing requirements focused on moderate income households (80% to 120%
AMI) are most feasible and best correlate to housing fee levels between $15 to $25 per square foot.
Ms. Seifel next reviewed the key findings from the for-sale analysis:
1. Housing prices have been increasing rapidly, but most buyers need significant cash or “trade-up”
value in homes to afford new units
2. For-sale developments are more financially feasible than apartments given high price points
3. Housing fees at $25 per square foot on for-sale units can likely be supported by new development
4. For-sale housing affordability gap is significant particularly for large single family attached units
5. 10% onsite affordable housing requirements focused on households between 100% and 135% AMI
are most feasible and best correlate to housing fee levels of about $25 per square foot.
Ms. Seifel stated that the potential strategies to encourage onsite affordable housing are:
1. Develop a more streamlined and predictable process for land use and design review
2. Allow more housing units to be built in a development to encourage onsite units
a. Density bonus and height modifications
b. Incentives and concessions
c. Allow smaller affordable unit sizes, especially for ownership
d. Smaller parking space dimensions
e. Significant parking reductions for residential and retail, especially near transit and public parking
3. Limit the total cost of City imposed permit, processing, and development impact fees to levels that
are close to current levels
4. Provide developers with certainty regarding how much these fees will increase annually until
building permits are pulled (e.g. link future increases to published inflationary indices).
Councilmember Beach stated that one of the suggestions is to look at parking requirements near transit. She
asked if the City was to loosen parking requirements in parts of the city would this be an added incentive for
a developer to create affordable units onsite. Ms. Seifel explained that the parking ratio impacts how many
units can be built under a city’s height limits. Therefore, by loosening the parking requirement, the
developer would be able to build more units (potentially affordable housing) and also decrease construction
costs and type.
Burlingame City Council November 14, 2018
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Councilmember Keighran asked if in Ms. Seifel’s experience, projects built close to transportation corridors
require fewer parking spaces. Ms. Seifel responded in the affirmative.
Mayor Brownrigg asked Ms. Seifel to talk about the State Density Bonus.
Ms. Seifel explained that the California State Density Bonus allows developers to provide a certain amount
of affordable housing in exchange for additional density. She added that the additional density must be
onsite and includes special provisions for land dedication and senior housing. She explained that if a
developer has 100 units, and 11 units are affordable to 50% AMI (very low income), the developer is eligible
for a state density bonus of 35%. In this example, that would be an additional 35 units.
Mayor Brownrigg asked if it was a by-right bonus entitlement. Ms. Seifel responded in the affirmative.
Ms. Seifel stated that developers are mostly using the bonus for the very low income units. She explained
that the requirement for low income is that 20% of the units must be affordable to 60% AMI for rental and
70% for owner. She added that for moderate income it is 40% of the units must be affordable to 110% AMI.
Mayor Brownrigg asked if a city also created an incentive program for very low income units, can the
developer use the same units for both State and local incentives. Ms. Seifel stated that if the developer
provides units onsite that meet the requirements, they get the state density bonus. The city could do a density
bonus that is above the state requirement.
Mayor Brownrigg opened the item up for public comment.
Burlingame resident Mario Muzzi discussed his concern about residential impact fees and how they might
diminish a developer’s ability to build housing.
Burlingame resident Vince Muzzi discussed his concern about residential impact fees and the updated
General Plan.
Housing for all Burlingame member Mike Denham stated that more housing needed to be created in
Burlingame and asked that it be made a priority.
Mayor Brownrigg closed public comment.
Councilmember Keighran stated that there are good points made on all sides of this topic. She explained that
part of the issue is that a developer may have something in mind that pencils out, but when it comes before
the Planning Commission, it is remodeled and loses a few units. She suggested that because the General
Plan is being updated, the City should focus on higher densities outside of the established communities.
Councilmember Ortiz stated that he was thinking the City should have a tiered system for impact fees based
on density, with different schedules for apartments, condominiums, and single attached homes.
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Mayor Brownrigg stated that the Council should go product by product for the conversation. He added that
he was struggling with making decisions about condominiums versus apartments because it’s just a different
ownership type.
Vice Mayor Colson stated that the City has three projects (Bayswater, Summerhill, and Douglas) which all
voluntarily included inclusionary housing. CDD Gardiner stated that typically the reason they’ve seen the
projects come in with affordable units is not for the density bonus but for the concessions. He explained that
the reason that projects are voluntarily including 10% at moderate income is because pursuant to State
Density Bonus, this qualifies the project for a concession, such as additional height.
Mayor Brownrigg stated that each of the projects had about 10% dedicated to moderate income. CDD
Gardiner replied in the affirmative and added that it was done to obtain a concession.
Vice Mayor Colson stated that the market is the best indicator of what the market can bear. She suggested
that Council focus on the missing middle, 10% of units at 80% to 120% AMI.
Ms. Seifel stated that if the Council is trying to stay in the $20-25 per square foot range, they would be
looking at 10% at 80% to 110% AMI.
Councilmember Ortiz stated that previously the Council had discussed creating a fee structure as to
encourage building inclusionary housing.
Mayor Brownrigg stated that if the City charges $30, it is a break-even point for the developer. If the City
charges $40 per square foot, it begins to incentivize the creation of onsite units. Ms. Seifel replied in the
affirmative, with the caveat that her team didn’t find that it was feasible to charge $40 per square foot. She
explained that $40 per square foot was barely feasible at 70 dwelling units per acre and wasn’t feasible at 50
dwelling units per acre.
Mayor Brownrigg stated that 50 dwelling units per acre doesn’t work in any of Ms. Seifel’s charts.
Councilmember Keighran stated that this is making the assumption that the Mayor is focusing on an area of
Burlingame that has higher density.
Mayor Brownrigg stated that this is a good question, whether the City is focusing on certain areas of
Burlingame or the city as a whole.
Councilmember Ortiz stated that this report articulates the need to set up a tiered system based on density.
He noted that he wasn’t in favor of charging no fee at the lower end of the density.
Councilmember Beach stated that affordability isn’t happening on its own, and therefore this is one way the
City can help. She noted that on page 27 of the staff report, the takeaway is that a fee of $20-$25 per square
foot should be focused on higher density rental developments of 100 units per acre or more. She stated that
this is a decent place to start. She added that the City should also consider the value of obtaining fees instead
of inclusionary housing. She explained that the fees could be used to assist nonprofits to build housing for
low to very low income.
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Councilmember Beach stated that she agreed that higher density makes sense near transit in the northern part
of Burlingame.
Vice Mayor Colson stated that in working with Home for All, she has learned that Measure K funds, federal
funds, and state funds are being utilized for affordable housing projects. Therefore, the City’s fees would be
gap fillers. She noted that the City fees could be used to leverage state or federal funding. However, the
City fees won’t be the panacea that others might think they will be. She stated that Home for All has been
focused on low income to very low income. She noted that when talking to HEART, it is clear that
assistance for the middle is missing.
Vice Mayor Colson discussed the possibility of creating a toggle around parking. She suggested reducing
parking requirements if the developer includes affordable housing. City Attorney Kane stated that some of
the parking incentives are built into the State Density Bonus. Therefore, the City could amplify the benefits.
Councilmember Keighran suggested that Council start with where they know impact fees work, which is 90-
120 unit projects. She added that she liked giving developers the choice of either fees or onsite housing. She
explained that the fees could be utilized to preserve the existing units, and in return owners would be
required to keep rent at a certain level for a certain number of years.
Mayor Brownrigg stated that he agreed with Councilmember Keighran.
Mayor Brownrigg stated that what he has heard is that while it is unusual to have tiered residential impact
fees, his colleagues believe this is the best option. He suggested that the fee for 50 dwelling units and below
is $20 per square foot.
Councilmember Beach stated that she didn’t believe a 50 unit or below project would pencil if the fee was
$20 per square foot.
Councilmember Ortiz stated that he thought the fee for 50 dwelling units or below should be $18 per square
foot, and decreased to $15 for prevailing wage. He added that for 69 dwelling units to 51 dwelling units, it
should be $20 per square foot, and decreased to $17 for prevailing wage.
Mayor Brownrigg stated that at some point he wanted to see the fee become a little bit more of a bite so that
developers were encouraged to create onsite affordable housing.
Councilmember Ortiz explained that the balance to that is that the City wants to encourage people to build.
Mayor Brownrigg suggested that for 70 dwelling units and more, the fee should be $30 per square foot.
Mayor Brownrigg stated that what he was hearing from his colleagues is that the program should incentivize
the middle, which is 80% to 120% AMI. He noted that HUD’s statement that an individual who makes
median income or less in California is low income was a staggering acknowledgment of the problem.
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Councilmember Beach stated that from Ms. Seifel’s analysis, the highest the fees can go for the project to
pencil out is $25. She suggested instead of higher fees, the City create a lower parking requirement within a
certain radius of a fixed transit station.
Mayor Brownrigg asked if State Density Bonus included a parking incentive. CDD Gardiner replied in the
affirmative. He added that if the City’s fee structure is such that it tilts towards developers using the State
Density Bonus, thereby obtaining decreased parking and other concessions, then the State Density Bonus
might help the City get more onsite units.
Mayor Brownrigg asked if the City should lower parking ratios throughout the city and not use them as
incentives.
Councilmember Beach stated that the important thing about using lower parking ratios as incentives is that
the City can use it as a way to obtain affordable housing.
Ms. Seifel stated that under State Density Bonus, a developer only gets the parking concession if they are at
the 35% density bonus threshold, meaning that the developer has 11% of their units going to very low
income AMI. However, she explained that this doesn’t mean that the City couldn’t have a local parking
benefit. Additionally, she noted that non-profits have done a lot of research that shows that affordable units
do not require as much parking. She explained that under State Density Bonus law, if a project is 100%
affordable, the parking requirement is .5 spaces per unit. For mixed income, the requirement is .5 spaces per
bedroom. Therefore, the City could create an incentive that for affordable housing units, the developer is
only required to provide .5 spaces per unit.
Councilmember Ortiz suggested that if the idea is to incentivize inclusionary housing, then the City could
give developers the option of either paying the fee or building 10% affordable to middle income with a
parking variance.
Vice Mayor Colson stated that the Council has set a range of between 80% and 120% AMI to focus on,
which means that everyone will build to 120%. Therefore, maybe the parking incentive is the incentive to
build for 80% AMI.
Mayor Brownrigg asked if it was feasible for staff to administer Vice Mayor Colson’s suggestion. CDD
Gardiner explained that staff will be contracting a housing provider to administer the program.
Vice Mayor Colson stated that if a developer chooses to build onsite, then the requirement should be that
those units must stay affordable for at least 55 years. The Council agreed.
Mayor Brownrigg stated that if a project has only 10 units, with 5 units being affordable to 80% AMI, then
the savings in decreased parking requirement would only be 2 spaces. City Attorney Kane stated that this
was one of the incentives that Ms. Seifel posed which is that the lower parking ratio could apply to the whole
project.
Mayor Brownrigg suggested that if the developer does 10% affordable, the City waives the fees, and if the
developer does 15% to 20% affordable, then the parking ratio changes.
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Ms. Seifel noted that the 80% AMI is very close to the 100% AMI. Therefore, it is important to maintain a
range as it actually limits who can qualify for those units. She stated that it is normal to set the affordability
level at somewhere in the middle of the range.
Vice Mayor Colson stated that she liked the Mayor’s suggestion of getting the parking concession if the
developer goes above the 10%.
Councilmember Beach asked if it would make more sense to offer the parking variance at a larger percentage
of affordability or for deeper levels of affordability. Ms. Seifel replied that she hasn’t run the numbers on the
difference.
Councilmember Beach stated that parking requirements are changing, and the City needs to lean in to
decreasing parking requirements.
Mayor Brownrigg stated that this is the reason for not making the parking an incentive and instead changing
the ratio citywide.
Mayor Brownrigg reopened public comment.
Burlingame resident Vince Muzzi suggested having Ms. Seifel come up with five scenarios that work, and
then the Council can choose from that.
Mayor Brownrigg closed public comment.
Vice Mayor Colson suggested that the Council bifurcate this process and start with percentages and fees.
Then take a second look with more data about the parking incentive.
Councilmember Keighran stated that it depends on the timeframe, as she wanted to ensure that the
parameters were in place prior to the General Plan being adopted.
Councilmember Ortiz stated that he believed the Council has enough information to come up with the first
layer, which is the fees, and then later add parking.
Mayor Brownrigg stated that he wanted to stipulate that the Council was talking about the area within a half
mile of rail (BART and Caltrain). He asked if the General Plan has parking ratios. CDD Gardiner replied in
the negative but stated that staff is creating parking ratios to go with the interim zoning.
Mayor Brownrigg asked what the timing is for the interim zoning. City Attorney Kane stated that interim
zoning will go with the adoption of the General Plan. She added that cities don’t get in trouble for lessening
requirements; they get in trouble for increasing requirements. She explained that the Council could come to
a decision about fees and add the caveat that they plan on discussing decreasing parking ratios at a later date.
Mayor Brownrigg stated that the reason to make a decision at the meeting is that if the General Plan is
adopted prior to adoption of the impact fees, there could be projects moving forward without residential
Burlingame City Council November 14, 2018
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impact fees. City Attorney Kane stated that in looking at the calendar, the residential impact fees will lag a
little behind adoption of the General Plan.
Mayor Brownrigg stated that for apartments the suggested residential impact fees based on Council
discussion were:
Units per acre Fee Fee with Prevailing Wage
Up to 50 units $18 per square foot $15 per square foot
Up to 70 units $20 per square foot $17 per square foot
Above 70 units $30 per square foot $25 per square foot
The Council agreed that the requirement was either pay the fee or provide 10% affordable onsite.
Councilmember Ortiz stated that the $30 fee is a big jump. He stated that he would be more comfortable
with above 70 units being $28, and $25 with prevailing wage.
Councilmember Keighran stated that she was more concerned with the up to 50 units. She believed it was
too high.
Vice Mayor Colson stated that other cities have a minimum project size for residential impact fees. She
suggested exempting projects with under ten units.
The Council agreed that rental projects with 10 units and below would be exempt from residential impact
fees.
Vice Mayor Colson asked if Councilmember Keighran would be comfortable with the 11-50 dwelling units
at $18 per square foot, or $15 per square foot with prevailing wage.
Councilmember Keighran stated that there wasn’t much of a difference in the fees between the first tier and
second tier, so she wondered if the first tier should be lowered by a dollar or two. She suggested $16 per
square foot, and $13 per square foot with prevailing wage.
Councilmember Ortiz stated that it was too low.
The Council agreed that the tiers should be as follows:
Units per acre Fee Fee with Prevailing Wage
11 to 50 units $17 per square foot $14 per square foot
Up to 70 units $20 per square foot $17 per square foot
Above 70 units $30 per square foot $25 per square foot
Ms. Seifel stated that their analysis was stating that $25 per square foot was feasible at 120 dwelling units
per acre, not $30 per square foot at 70 dwelling units per acre.
Mayor Brownrigg stated that Council is giving developers a way to waive the fee by doing the 10% onsite.
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Vice Mayor Colson noted that there are extraneous factors that make construction costs cheaper or more
expensive and are beyond the control of the Council.
Mayor Brownrigg next directed his colleagues to discuss impact fees for single family homes and
condominiums.
Councilmember Ortiz stated that his suggestion was that single family attached and condominiums should
have a fee of $22 per square foot.
Councilmember Beach stated that she believed that the developers for single family attached could afford
$25 per square foot. She added that this is what they will probably choose because they can’t afford to offer
10% inclusionary housing. She stated that realistically, they will be getting fees from single family attached
and condo developments.
Mayor Brownrigg stated that fees ranging from $15 to $25 per square foot are doable for condominium
developments. Ms. Seifel replied in the affirmative.
Mayor Brownrigg asked if the City could charge $35 per square foot. Ms. Seifel stated that she didn’t look
at this, and it would depend on the price of land.
Vice Mayor Colson stated that a complaint that the City receives is that there are no entry level homes to
purchase in Burlingame. Therefore, she would increase the fees because the margin of return is still pretty
high. She explained that this is an area where the City should incentivize construction.
Mayor Brownrigg stated that the economics are clear that the developer will just pay the fee. He added that
he was worried that the fees for condos would incentivize developers to build condos over apartments.
Vice Mayor Colson asked if incentivizing developers to build condos over apartments was bad or good.
Councilmember Keighran stated that 52% of the City’s housing stock is apartments.
Vice Mayor Colson stated that she had no problem incentivizing entry level condos.
Mayor Brownrigg stated that he would want a percentage of the condos to be affordable.
Vice Mayor Colson stated that then the City has to have a higher impact fee.
Ms. Seifel stated that for condominiums, the policy choice the City has is to allow not just moderate income
units but also 120% to 150% to provide more of an incentive. She stated that this is meeting another part of
the missing middle.
Mayor Brownrigg stated Ms. Seifel’s slide concerning the Condominium Affordability Gap stated that the
fee could be set at $40 to $50 per square foot to encourage onsite housing.
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Vice Mayor Colson asked how her colleagues felt about not charging a fee for projects with 10 condos or
less.
Councilmember Beach asked if it is a lot more profitable to have the condos, or is it the same as the
apartments.
Vice Mayor Colson stated that you had to look at it not from the fee generation view point but from trying to
add in needed housing stock.
Ms. Seifel suggested that the Council might set a threshold by which the City states that if units are delivered
to the market close to 120% AMI (approximately $700,000), there wouldn’t be a fee. However, once the
developer decides to build to the market, then the fee is triggered. Therefore, it isn’t just based on the size
but also on your price point.
City Attorney Kane stated that she worried about staff’s ability to track Ms. Seifel’s suggestion.
Councilmember Beach asked Ms. Seifel if it would be reasonable to set a $35 per square foot fee for condos
but allow it to be in a range of 135% to 150% AMI. Ms. Seifel stated that the range should be 100% to
150% AMI.
Vice Mayor Colson discussed condo projects that are rented. She stated that she didn’t want the developer to
build them under the auspices of being condos to avoid the residential impact fees of apartments.
Councilmember Beach asked how the City could control this.
Vice Mayor Colson stated that you charge higher fees for condominiums.
Mayor Brownrigg stated that he thought the fee should be $35 per square foot above a certain number of
units.
Councilmember Ortiz thought $35 was way too high. He added that he didn’t see any reason to exempt any
number of condos from the fee.
Mayor Brownrigg asked if a developer could tell staff that they are building apartments and then once built,
sell them as condos. CDD Gardiner replied in the negative, stating that condos have a condo map associated
with them.
City Attorney Kane stated that her experience at the Planning Commission is that most of the condo projects
are small: 5 to 10 units. CDD Gardiner agreed.
Mayor Brownrigg stated that he thought the City should exempt projects with fewer than 10 condos from the
fee.
Councilmember Ortiz stated that he didn’t think that any number of condos should be exempted.
Burlingame City Council November 14, 2018
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14
Councilmember Beach agreed with Councilmember Ortiz.
Councilmember Keighran and Vice Mayor Colson believed that fewer than 10 should be exempt.
Mayor Brownrigg asked if he was correct that the City used to discourage condo conversions. CDD
Gardiner replied in the affirmative and explained that it was done to preserve rental housing.
Mayor Brownrigg asked if this ordinance was still on the books. CDD Gardiner replied in the affirmative.
Mayor Brownrigg stated that if this ordinance was still on the books, then it seems to him that the City
Council should not exempt smaller condo projects from the residential impact fees.
Vice Mayor Colson stated that she believed that the City might want to revisit this policy. She stated that the
City is going to be adding 2,000 to 3,000 multi-family units and very few ownership opportunities.
Therefore, allowing older housing stock to convert to ownership is a good thing.
Councilmember Keighran stated she would be open to relooking at this ordinance.
Mayor Brownrigg suggested a compromise where the first five condo units are exempt from fees.
Vice Mayor Colson suggested going to six.
Councilmember Beach stated that the market shows that they can bear the fee, and while she leans towards
no, she would compromise.
Mayor Brownrigg asked if the Council wanted to give condos an in lieu of fee option.
City Attorney Kane stated her understanding was that there was an in-lieu option of 10% up to 150% AMI.
Council agreed.
Vice Mayor Colson stated that the fee should be higher if the AMI is higher.
Ms. Seifel stated that the average should be lower than 150% AMI, but it has to be expressed as a range.
City Attorney Kane stated that because one or two units will be made in a project, that becomes the range.
Ms. Seifel stated that a household can qualify that earns 120-150% AMI, but the affordable price is set at
135% AMI.
Councilmember Beach stated that she agreed that 135% AMI would be the target.
Mayor Brownrigg stated that he was curious how much money the City would be leaving on the table. He
asked what the square footage is that Ms. Seifel assumed for the condos. Ms. Seifel replied 1,000 square
feet.
Burlingame City Council November 14, 2018
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Mayor Brownrigg stated that the impact fee at $35 per square foot would be $35,000 a unit. Therefore, the
City would be giving up $120,000 to $150,000 for one affordable unit. He wondered if it was worth it or if
the City should not allow developers to avoid the fee.
Councilmember Keighran stated that currently there isn’t an option for entry level buying, and therefore it
would be good to create affordable housing.
Councilmember Ortiz stated that the more affordable units that get built, the better, and therefore he would
prefer the units over the money.
Mayor Brownrigg stated that what he was hearing is that the City would set the fee at $35 per square foot,
and if the developer builds 10% of their units targeting 135% AMI, the fee is waived.
Vice Mayor Colson stated that if a developer builds apartments and within ten years converts them to
condos, they have to pay the condominium fee.
Mayor Brownrigg stated that he liked the Vice Mayor’s suggestion.
CDD Gardiner suggested that the fee be tied to the map. He explained that if it was a condominium map,
whether or not they rented them, the condo fee would be charged. Therefore, the only projects that would
have the apartment fees would be the ones that don’t have condominium maps.
City Attorney Kane stated that for administration purposes, CDD Gardiner’s suggestion was sound.
Mayor Brownrigg suggested that staff use Council’s discussion on condos to propose a similar scheme for
townhouses.
CDD Gardiner asked if the Council had a prevailing wage discount for condos.
Mayor Brownrigg stated that it should be $30 per square foot.
Vice Mayor Colson stated that the residential impact fees would help with the middle. However, she noted
that low and very low income would be addressed in other ways such as ADUs and the Lots F and N project.
Mayor Brownrigg added that the State Density Bonus would assist low and very low income.
Councilmember Beach discussed public versus private land and if there is a difference in how they should be
treated. She stated for example what happens if the school district decided to build units. She also asked
about the timing of the fees.
Mayor Brownrigg asked if the Council had to address institutional land now. CDD Gardiner stated that he
would look into it.
Burlingame City Council November 14, 2018
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Vice Mayor Colson stated that with the Peninsula Healthcare District project, the City should talk about how
to treat their land. Additionally, she stated if the City is doing a project where they are contributing the land,
would the City be able to waive the fee.
City Attorney Kane stated that the City’s default is that the impact fees are a universal policy. She noted that
there are certain procedural steps that need to occur prior to applying fees to a project.
Mayor Brownrigg thanked staff and colleagues for their time.
5. ADJOURNMENT
Mayor Brownrigg adjourned meeting at 10:07 p.m.
Respectfully submitted,
/s/
Meaghan Hassel-Shearer
City Clerk
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
City of Burlingame
Meeting Minutes
Planning Commission
7:00 PM Council ChambersMonday, February 11, 2019
b.Consideration of an Ordinance Adopting Residential Impact Fees for New Residential
Development
Staff Report
Residential Impact Fee Ordinance - Exhibit A
Seifel Consulting Report
Proposed Resolution - Residential Impact Fees
Proposed Resolution - Prevailing Wages
Public Notice
Attachments:
Community Development Director Gardiner provided an overview of the staff report.
Questions of staff:
>In Figure 1-1 in the Seifel financial analysis, why is the maximum justifiable fee per square foot $85.00
when the unit fee is much lower? (Gardiner: The analysis indicates a maximum fee based on the demand
for additional workforce housing, however that maximum fee may be higher than what the market can
support.)(Kane: It is a dilution factor, in that the higher occupancy housing has a greater impact on the
jobs balance than lower occupancy housing such as single family homes. It can be counterintuitive.)
>What is the difference between base impact fee and impact fee with prevailing /area wage? (Gardiner:
A discount is applied to projects that utilize prevailing wage labor and enter into a prevailing wage
agreement. It is meant to encourage the use of prevailing wage labor, but also recognize that prevailing
wages has a benefit on the workforce. Therefore there is a tie-in in justifying the discount.)
>The fees would only apply to projects with applications deemed complete upon the effective date of
the ordinance. What establishes the effective date of the ordinance? (Kane: The ordinance will go forward
to the City Council with two readings. Since it is a development impact fee, it would become effective 60
days after final adoption by the City Council.)
>How was the threshold of 11 units for the rental multifamily and 7 for the condominiums determined?
(Gardiner: There was discussion among the Council to determine a threshold for small projects for each
development type. In particular, they would be smaller projects that would have a harder time absorbing
the impact fees.)(Kane: The thinking was also that smaller projects would have less impact on
neighborhoods, so the Council did not want to risk disincentivizing small projects. The fees would apply
where there were greater economies of scale that could absorb the fees more easily.)
>Is the 55 year affordability period a common timeframe? (Kane: It reflects structure in State Law, as
well as tax credit financing. There are a lot of things that hinge off of a 55-year covenant.)
>Can the Planning Commission provide additional input on items to include in the ordinance? (Gardiner:
Yes, the overall structure of the fees has been set by the City Council, but the Planning Commission is
welcome to make suggestions that will be forwarded to the Council.)
Chair Gaul opened the public hearing.
Public Comments:
Page 1City of Burlingame Printed on 2/24/2019
February 11, 2019Planning Commission Meeting Minutes
There were no public comments.
Chair Gaul closed the public hearing.
Commission Discussion:
>On the last page of the Seifel report, likes the list of Policy Considerations to Encourage Onsite
Affordable Housing. In particular likes the suggestion of developing a more predictable and streamlined
process for land use approval and design review in order to reduce the time and risk associated with infill
development. This seems like it would be beneficial to provide to developers, a means to outline more of
what to anticipate from the dais. In advance of a presentation to the Planning Commission a lot of time
goes into developing plans, and even something as simple as materials could be clarified. Perhaps a
"pre-presentation " before coming to design review. There could be a list of acceptable materials, window
specifications, landscaping, sizes of decks, etc. There could be a collection of general findings made in
recently approved projects. It could also be done at the staff level.
>Report references a preference for providing on -site units. From the report, it appears the only
densities where that is economical is at the highest densities of 120 units per acre or more. Where would
that be? Would that be the Rollins Road Mixed Use area? (Gardiner: The highest densities under the new
General Plan are in the North El Camino Real area, near the Millbrae Caltrain /BART station. Downtown
also allows high densities. The Rollins Road area has a slightly lower density, but an additional variable is
when projects utilize State Density provisions, which can change the economics and make the lower
densities more viable as well. There is currently a proposal in the Rollins Road area at around 90 units per
acre, and it has affordable units consistent with the specifications in the ordinance so presumably pencils
out. The economics of each project will vary, but generally the higher -density projects are more able to
absorb the cost and spread them )
>Shares the desire to encourage below -market units rather than the fees. It will take a while to build up
the fees, and when considering the cost of land and construction it will not go very far. Whatever the City
can do to encourage building the units rather than collect the fees would be worthwhile.
>Has been a proponent of getting the fees program in place. It is a place to start, and is necessary for
addressing housing issues. Supports the ordinance as proposed.
>The ordinance is responsibly written, with the intent of maintaining a healthy mix of socioeconomic
households in the population.
>The ordinance also has an option for appeal; if someone wants to build a project and the requirements
would hinder that, they can make their case.
Commissioner Loftis made a motion, seconded by Commissioner Sargent, to recommend to the
City Council that the ordinance and resolution be approved as proposed. The motion carried by
the following vote:
Aye:Sargent, Loftis, Kelly, Gaul, and Tse5 -
Absent:Comaroto, and Terrones2 -
Page 2City of Burlingame Printed on 2/24/2019
ORDINANCE NO. __________
ORDINANCE OF THE CITY OF BURLINGAME ADDING CHAPTER 25.82 TO THE
BURLINGAME MUNICIPAL CODE ESTABLISHING RESIDENTIAL IMPACT FEES FOR NEW
RESIDENTIAL DEVELOPMENTS IN THE CITY
The City Council of the City of Burlingame ordains as follows:
Division 1. Legislative Findings
WHEREAS, California Government Code Section 65580(d) states that all cities have a
responsibility to use the powers vested in them to facilitate the improvement and development
of housing and to make adequate provision for the housing needs of all economic segments of
the community; and
WHEREAS, the provision of safe and stable housing for households at all income levels
is essential for the public welfare of the city. The current shortage of affordable housing has
caused many lower- and middle-wage workers to commute longer distances from less
expensive areas resulting in increased traffic in the City, and has also caused local residents’
housing costs to increase due to high levels of demand for existing housing resulting in a severe
housing cost burden for many residents; and
WHEREAS, the City's 2015-2023 Housing Element states that it is the City's policy to
establish programs to provide direct financial and technical assistance to facilitate the
development of affordable workforce housing. The City can achieve its goal of assisting in the
development of new housing that is affordable at all income levels only if adequate funding is
available to support the development of such housing; and
WHEREAS, to ensure that future development projects mitigate their impact on the need
for affordable housing in Burlingame, and to ensure that any adopted residential impact fees do
not exceed the actual affordable housing impacts attributable to the development projects on
which the fees relate, the City agreed to participate in the preparation of a nexus study through
the countywide 21 Elements collaboration project; and
WHEREAS, in order to meet the needs of Burlingame’s workforce, dwelling units will
need to house a variety of household types, incomes, and age groups; and
WHEREAS, the City has received and considered a Residential Impact Fee Nexus
Study (the “Nexus Study”), dated November 2015, prepared by Strategic Economics and
Vernazza Wolfe Associates, Inc.; and
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WHEREAS, the Nexus Study uses widely used, appropriate methodology to determine
the maximum amount needed to fully mitigate the burdens created by residential development
on the need for affordable housing; and
WHEREAS, the findings provided in the Nexus Study have been further supported in the
Financial Analysis of Proposed Affordable Housing Program (the “Financial Analysis”), dated
November 2018, prepared by Seifel Consulting, Inc.; and
WHEREAS, to ensure that development projects remain economically feasible, the
residential impact fees specified in the Residential Impact Fee Ordinance codified in this chapter
are lower than the maximum amount needed to fully mitigate the burdens created by new
development on the need for affordable housing as determined in the Nexus Study and
Financial Analysis; and
WHEREAS, the Residential Impact Fee Ordinance codified in this chapter will
substantially advance the City's legitimate interest in providing additional housing affordable to
all income levels in the city by providing funds for the development of housing affordable to very
low, low, and moderate income households; and
WHEREAS, the City has determined that the Residential Impact Fee should be
administered consistent with the requirements applicable to fees for public facilities in California
Government Code Section 66000 et seq., commonly referred to as the “Mitigation Fee Act,”
without determining that it is required to do so; and
WHEREAS, at least ten days prior to the date this ordinance is being heard, data was
made available to the public indicating the amount of cost, or estimated cost, required to provide
the service for which the fee or service charge is levied and the revenue sources anticipated to
provide the service, including general fund revenues, in accordance with Government Code
Section 66019; and
WHEREAS, at least fourteen days prior to the date this ordinance is being heard, notice
was provided to any persons or organizations who had requested notice, in accordance with
Government Code Section 66019; and
WHEREAS, notice of the hearing on the proposed fees was published in a newspaper of
general circulation in the manner set forth in Government Code Section 6062a as required by
Government Code Section 66018; and
WHEREAS, the Planning Commission of the City of Burlingame, after proceedings duly
and regularly held and noticed as provided by law, did on February 11, 2019 review and
consider the staff report and all other written materials and testimony presented at said hearing,
and recommended to the City Council that it adopt the Residential Impact Fee Ordinance;
WHEREAS, the City Council of the City of Burlingame, after proceedings duly and
regularly held and noticed as provided by law, did on March 4, 2019 review and consider the
Planning Commission’s recommendation, the staff report and all other written materials and
3
testimony presented at said hearing and gave direction for certain amendments and
clarifications; and
WHEREAS, a revised draft ordinance was submitted to the City Council of the City of
Burlingame, which, after proceedings duly and regularly held and noticed as provided by law,
did on March 18, 2019 review and consider the Planning Commission’s recommendation, the
staff report and all other written materials and testimony presented at said hearing; and
WHEREAS, based on the findings above, the City desires to further the public health,
safety and welfare by requiring residential development projects in Burlingame to mitigate their
impact on the need for affordable housing in the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDAINS
AS FOLLOWS:
Division 2.
Section 1: Chapter 25.82 is added to the Burlingame Municipal Code as follows:
Chapter 25.82 RESIDENTIAL IMPACT FEES
25.82.010 Purpose.
25.82.020 Def initions.
25.82.030 Residential impact fees.
25.82.040 Fee payment.
25.82.050 State Density Bonus.
25.82.060 Exemptions.
25.82.070 Alternatives.
25.82.080 Affordable housing plan and agreement.
25.82.090 Standards for development.
25.82.100 Affordable housing fund.
25.82.110 Administrative relief/appeal.
25.82.120 Enforcement.
25.82.010 Purpose.
The purpose of this chapter is to:
(a) Encourage the development and availability of housing affordable to a broad
range of households with varying income levels within the city as mandated by State law,
including California Government Code Section 65580 and related provisions.
(b) Offset the demand for affordable housing that is created by new development
and mitigate environmental and other impacts that accompany new residential development by
protecting the economic diversity of the City’s housing stock; reducing traffic, transit and related
4
air quality impacts; promoting jobs/housing balance; and reducing the demands placed on
transportation infrastructure in the region.
(c) Promote the City’s policy to provide an adequate number of affordable housing
units to the city’s housing stock in proportion to the existing or projected need in the community,
as identified by the Housing Element.
(d) Support the Housing Element goal of providing housing opportunities for those
who work in Burlingame.
(e) Support the Housing Element goal of achieving increased affordability of
housing.
(f) Support the Housing Element policy of developing of a variety of housing types
that are affordable to very low and extremely low income households.
(g) Support the Housing Element goal of preserving residential character by
encouraging maintenance, improvement and rehabilitation of the City’s neighborhoods and
housing stock.
25.82.020 Definitions.
As used in this chapter, the following terms shall have the f ollowing meanings:
(a) "Administrator" means the Community Development Director of the City or other
person designated by the City Manager.
(b) “Affordable housing fund” means a separate fund or account designated by the
City to maintain and account for all monies received pursuant to this Chapter.
(c) “Affordable ownership cost” means the sales price of a for-sale affordable unit
resulting in projected average monthly housing payments, during the first calendar year of a
household's occupancy, including interest, principal, mortgage insurance, property taxes,
homeowners insurance, homeowners' association dues, if any, and a reasonable allowance for
utilities, property maintenance, and repairs, not exceeding the sales prices specified by Section
50052.5 of the California Health and Safety Code and California Code of Regulations Title 25,
Sections 6910-6924, as they may be amended from time to time.
(d) “Affordable rent” means the total monthly housing expenses for an affordable
rental unit not exceeding the rents specified by Section 50053 of the California Health and
Safety Code and California Code of Regulations Title 25, Sections 6910-6924, as they may be
amended from time to time. As used in this Chapter, "affordable rent" shall include the total of
monthly payments by the tenant for all of the following: (1) use and occupancy of the rental unit
and land and all facilities associated with the rental unit, including but not limited to parking,
bicycle storage, storage lockers, and use of all common areas; (2) any additional separately
charged fees or service charges assessed by the owner, other than security deposits; (3) an
allowance for utilities paid by the tenant as established by the San Mateo County Housing
5
Authority, including garbage collection, sewer, water, electricity, gas, and other heating,
cooking. and refrigeration fuel, but not telephone service or cable N; and (4) any other interest,
taxes, fees or charges for use of the land or affordable unit or associated facilities and assessed
by a public or private entity other than the owner, and paid by the tenant.
(e) “Affordable unit” means a dwelling unit which a builder proposes as an
alternative to payment of the residential impact fee, as defined in this Chapter and which is
required to be rented at a rate affordable to very low, low or moderate income households, or
sold at an affordable ownership cost to very low, low or moderate income households.
(f) "Builder" (may also be referred to as developer) means any person, firm,
partnership, association, joint venture, corporation, or any entity or combination of entities
which seeks City approvals for all or part of a residential development project.
(g) "Building permit" includes f ull structural building permits as well as partial
permits such as f oundation-only permits.
(h) “Decision-making body” means the City staff person or body authorized to
approve or deny an application for a planning or building permit for a residential development
project.
(i) "First approval" means the f irst discretionary approval to occur with respect to a
residential development project, or, for residential development projects not requiring a
discretionary approval, the issuance of a building permit.
(j) "For-sale unit" means a residential dwelling unit that may be sold individually in
conformance with the Subdivision Map Act. For-sale units also include units that are converted
from rental units to for-sale units.
(k) “Low income households" means households with incomes no greater than the
maximum income for low income households, as published annually by the County of San
Mateo for each household size, based on United States Department of Housing and Urban
Development (HUD) and the California Department of Housing and Community Development
(HCD) income limits for San Mateo County, unless stated otherwise in this chapter.
(l) “Market rate unit" means a new dwelling unit in a residential development
project that is not an affordable unit.
(m) "Median income" means the median income applicable to San Mateo County,
as published annually by the County of San Mateo for each household size, based on median
income data for San Mateo County published by the United States Department of Housing and
Urban Development (HUD) and the California Department of Housing and Community
Development (HCD), unless stated otherwise in this chapter.
(n) "Moderate income households" means households with incomes no greater
than the maximum income for moderate income households, as published annually by the
County of San Mateo for each household size, based on United States Department of Housing
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and Urban Development (HUD) and the California Department of Housing and Community
Development (HCD) income limits for San Mateo County, unless stated otherwise in this
chapter.
(o) "Planning permit" means any discretionary approval of a development project,
including but not limited to a comprehensive or specif ic plan adoption or amendment, rezoning,
tentative map, parcel map, conditional use permit, variances, or architectural review.
(p) "Rental unit" means a dwelling unit that is intended to be offered for rent or
lease and that cannot be sold individually in conformance with the Subdivision Map Act.
(q) "Residential development project" means an application for a planning permit or
building permit at one location to create one or more additional dwelling units, convert
nonresidential uses to dwelling units, subdivide a parcel to create one or more separately
transferable parcels intended for residential development, or implement a condominium
conversion, including development constructed at one time as well as in phases. “One location”
includes all adjacent parcels of land under common ownership or control, the property lines of
which are contiguous at any point, or the property lines of which are separated only by a public
or private street, road, or other public or private right-of-way, or separated only by the lands
owned or controlled by the builder.
(r) “Residential floor area” means all horizontal areas of the several floors of such
buildings measured from the exterior faces or exterior walls or from the center line of party walls
separating two (2) buildings, minus the horizontal areas of such buildings used exclusively for
covered porches, patios, or other outdoor space, amenities and common space, parking,
elevators, stairwells or stairs between floors, hallways, and between-unit circulation.
(s) "Very low income households" means households with incomes no greater than
the maximum income for very low income households, as published annually by the County of
San Mateo for each household size, based on United States Department of Housing and Urban
Development (HUD) and the California Department of Housing and Community Development
(HCD) income limits for San Mateo County, unless stated otherwise in this chapter.
25.82.030 Residential Impact Fees.
(a) Initial fees shall be imposed on new residential development projects as
follows:
Impact Fee – Per Square Foot
Base With Prevailing /
Area Wage
Rental Multifamily – 11 units and above
Up to 50 du/ac $17.00 / sq ft $14.00 / sq ft
51-70 du/ac $20.00 / sq ft $17.00 / sq ft
71 du/ac and above $30.00 / sq ft $25.00 / sq ft
For Sale Multifamily (Condominiums) – 7 units and above
$35.00 / sq ft $30.00 / sq ft
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(b) Fees shall be based on the calculation of the residential floor area as defined
in this chapter, and shall include a credit for existing uses. The Council may amend these fees
through the public hearing process for the City’s Master Fee Schedule. Residential impact
fees shall not exceed the cost of mitigating the impact of the residential development projects
on the need for affordable housing in the city.
(c) Rental projects that convert to condominiums within 10 years of completion of
construction would be subject to the fee differential between rental and for sale units as a
condition of conversion. The fee differential shall be based on the fee structure in place at the
time of conversion to condominiums, minus the fees originally submitted at the time of
construction.
25.82.040 Fee payment.
Any residential impact fee shall be paid in f ull prior to the issuance of the first building permit for
the residential development project subject to the f ee or at a time otherwise specified by Council
resolution. The fee shall be calculated based on the fee schedule in effect at the time the
building permit is issued.
25.82.050 State Density Bonus.
For residential development projects that are granted a density bonus pursuant to California
Government Code Section 65915, et seq. (the “State Density Bonus Law”), the residential
impact fee shall apply to all market-rate units, including any additional market-rate units
provided under the State Density Bonus Law. The residential impact fee shall not apply to
affordable units provided under the State Density Bonus Law. The required residential impact
fee shall be reduced to the extent that any affordable units mitigate the market rate units’ impact
on the need for affordable housing in the City. The Community Development Director may issue
guidelines from time to time regarding the calculation of any fee reduction.
25.82.060 Exemptions.
(a) The following residential development projects are exempt from the provisions
of this chapter:
(1) Rental Multifamily projects with a total of ten (10) units or fewer.
(2) For Sale Multifamily (Condominiums) with a total of six (6) units or fewer.
(3) Projects that have established a vested right not to be subject to this chapter.
(4) Applications under review by the Planning Commission or Community
Development Department that had been deemed complete at the time of adoption of the
residential impact fees provided for in this Chapter.
(b) The City Council may elect to waive payment of the residential impact fee if it
finds that: (1) the residential development project is dedicated to a public use owned and
8
operated by other public agencies or a nonprofit public benefit corporation; and (2) the benefits
to the community provided by such public use exceed those that would be provided by the
payment of the residential impact fee. If the City Council elects to waive residential impact fees
pursuant to this provision, the public use of the site shall be guaranteed by a recorded
document in a form acceptable to the City Attorney.
(c) The City Council by resolution may adopt additional exemptions from time to
time.
25.82.070 Alternatives.
(a) Alternatives available to projects requiring an impact fee. As an alternative to
compliance with the impact fee requirements included in this Article, developers of residential
projects may propose to mitigate the affordable housing impacts of such development through
the construction of affordable units on site or through an alternative mitigation program
proposed by the developer, such as the provision of off-site affordable units, donation of land for
the construction of affordable units, or purchase of existing units for conversion to affordable
units. Any such alternative must include a guarantee of affordability for a period of 55 years.
The Planning Commission may approve the provision of affordable units on site, consistent with
the requirements set forth in Paragraph (b), as part of its review of the project. For all other
alternatives, the Community Development Director shall analyze the proposal and provide
advice to the City Council which, in its sole discretion, shall determine whether the proposed
alternative is sufficient to meet the objectives of this Chapter.
(b) The provision of on site affordable units in lieu of payment of residential impact
fees shall be allowed as of right, provided the project meets the following criteria:
(1) If a Rental Multifamily project provides ten percent (10%) of the units on site to
be affordable to moderate income households (in this instance 80% - 120% AMI) for a period of
55 years, the impacts of residential development on the need for affordable housing shall be
deemed mitigated.
(2) If a For Sale Multifamily (Townhome/Condominium) project provides ten percent
(10%) of the units on site to be affordable to above-moderate income households (in this
instance 120% - 150% AMI, with the price set at the 135% AMI level) for a period of 55 years,
the impacts of residential development on the need for affordable housing shall be deemed
mitigated.
(3) Any affordable rental or for-sale units proposed as an alternative to the payment
of the residential impact fee shall be subject to the requirements described in Chapter
25.82.070.
(c) Approval of off-site affordable units. If a developer proposes off-site affordable
units or any other alternative in the affordable housing plan required under Chapter 25.82.080
(Affordable housing plan and agreement), the City Council may, in its sole discretion, approve
such a proposal if it finds the proposal meets all of the following conditions:
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(1) Financing or a viable financing plan, which may include public funding sources,
is in place for the proposed affordable housing units; and
(2) The proposed location is suitable for the proposed affordable housing, is
consistent with the Housing Element, general plan, and zoning, and will not cause residential
segregation; and
(3) The proposed units will be maintained as affordable for a period of 55 years.
(d) Other alternatives. The City Council may consider an alternative mitigation
program proposed by the developer, such as donation of land for the construction of affordable
units, purchase of existing units for conversion to affordable units or alternatives to Section
25.82.090 (Standards for development).
(e) Agreement with City for financing. If the City enters into a financing agreement
with the applicant, the parties may agree to alter the requirements of Section 25.82.090
(Standards for development).
25.82.080 Affordable housing plan and agreement.
(a) If the builder seeks an alternative to the payment of the residential impact fee
pursuant to Section 25.82.070 (Alternatives), the application for the first approval of a residential
development project for which the alternative is sought shall include an "affordable housing
plan" that describes how the alternative will comply with the provisions of this Chapter. No
affordable housing plan is required if the builder proposes only to pay the residential impact fee.
(1) Residential development projects requesting an alternative to payment of the
residential impact fee require that an affordable housing plan be submitted in conformance with
this Chapter prior to the application being deemed complete.
(2) The affordable housing plan shall be processed concurrently with all other
permits required for the residential development project. Before approving the affordable
housing plan, the decision- making body shall find that the affordable housing plan conforms to
this Chapter. A condition shall be attached to the first approval of any residential development
project to require recordation of an affordable housing agreement, as described in this
subsection, prior to the approval of any final or parcel map or building permit for the residential
development project.
(3) The approved affordable housing plan may be amended prior to issuance of any
building permit for the residential development project. A request for a minor modification of an
approved affordable housing plan may be granted by the Community Development Director if
the modification is substantially in compliance with the original affordable housing plan and
conditions of approval. Other modifications to the affordable housing plan shall be processed in
the same manner as the original plan.
10
(4) If required to ensure compliance with the approved affordable housing plan,
affordable housing agreements acceptable to the Community Development Director or designee
shall be recorded against the residential development project prior to or concurrently with and
as a condition of approval of any final or parcel map, or issuance of any building permit,
whichever occurs first. The affordable housing agreement shall specify the number, type,
location, size, and phasing of all affordable units, provisions for income certification and
screening of potential purchasers or renters of units, and resale control mechanisms, including
the financing of ongoing administrative and monitoring costs, consistent with the approved
affordable housing plan, as determined by the Community Development Director r designee.
(b) After approval of the application, applicant shall enter into a regulatory
agreement with the City. The terms of this agreement shall be approved as to form by the City
Attorney’s Office, and reviewed and revised as appropriate by the reviewing City official. This
agreement shall be on a form provided by the City, and shall include the following terms:
(1) The affordability of very low, lower, and moderate income housing shall be
assured in a manner consistent with this chapter.
(2) An equity sharing agreement pursuant to Government Code Section
65915(c)(2).
(3) The location, dwelling unit sizes, rental cost, and number of bedrooms of the
affordable units.
(4) A description of any bonuses and incentives, if any, provided by the City.
(5) Any other terms as required to ensure implementation and compliance with this
section, and as applicable sections of State Density Bonus law.
25.82.090 Standards for development.
(a) All affordable units provided pursuant to Chapter 25.82.070 shall meet the
following standards:
(1) The required affordable dwelling units shall be constructed concurrently with
market-rate units unless both the final decision-making authority of the City and developer agree
within the affordable housing agreement to an alternative schedule for development.
(2) The exterior design and construction of the affordable dwelling units shall be
consistent with the exterior design and construction of the total project development, and be
consistent with any affordable residential development standards that may be prepared by the
City.
(3) The affordable units shall have the same amenities as the market rate units,
including the same access to and enjoyment of common open space, parking, storage, and
other facilities in the residential development, provided at an affordable rent as defined in
Chapter 25.82.020 or at affordable ownership cost as defined in Chapter 25.82.020.
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Developers are strictly prohibited from discriminating against tenants or owners of affordable
units in granting access to and full enjoyment of any community amenities available to other
tenants or owners outside of their individual units.
(4) A regulatory agreement, as described in Section 25.82.080 (Affordable housing
plan and agreement), shall be made a condition of the discretionary permits for all
developments pursuant to this chapter. The regulatory agreement shall be recorded as a
restriction on the development.
25.82.100 Affordable housing fund.
(a) Special Revenue Fund. A fund for the deposit of fees established under this
chapter shall be established and may also receive monies for housing from other sources.
(b) Purpose and Limitations. Monies deposited in the fund shall be used to
increase, improve, and/or protect the supply of housing affordable to moderate-, low-, very low-,
and extremely low-income households. Such purpose may include but not be limited to the
construction of new affordable units, the purchase of affordability covenants or similar initiatives
whose purpose is to preserve existing affordable housing that may otherwise be lost due to
market conditions, and support to workforce households experiencing unanticipated short-term
income disruptions. Monies may also be used to cover reasonable administrative or related
expenses associated with the administration of this chapter.
(c) Administration. The fund shall be administered by the Administrator, who may
develop procedures to implement the purposes of the fund consistent with the requirements of
this chapter and subject to any adopted budget of the City and generally applicable accounting
and procurement processes.
(d) Expenditures. Fund monies shall be used in accordance with the City’s
Housing Element, or subsequent plans adopted by the City Council to maintain or increase the
quantity, quality, and variety of affordable housing units or assist other governmental entities,
private organizations or individuals to do so. Permissible uses include, but are not limited to,
land acquisition, debt service, parcel assemblage, gap financing, housing rehabilitation, grants,
unit acquisition, new construction, and other pursuits associated with providing affordable
housing. The fund may be used for the benefit of both rental and owner-occupied housing.
25.82.110 Administrative Relief/Appeal.
(a) The builder of a project subject to this chapter may request that the
requirements of this chapter be waived or modified by the City Council, based upon the absence
of any reasonable relationship or nexus between the impacts of the development and either the
amount of the fee charged or the type of facilities to be financed.
(b) The application shall be made in writing and filed with the Community
Development Director not later than:
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(1) Twenty (20) days prior to the public hearing before the Planning Commission on
the development project application under this title, or
(2) If no hearing before the Planning Commission is required by this title, at the time
of the filing of the application for a development permit.
(3) The application shall state in detail the factual basis for the claim of waiver,
reduction, or adjustment.
(c) The City Council shall consider the application at a public hearing held within
sixty (60) days after the filing of the fee adjustment application. If a reduction, adjustment or
waiver is granted, any change in use within the development project shall invalidate the waiver,
adjustment or reduction of the fee. The decision of the City Council is final.
25.82.120 Enforcement.
(a) Payment of the residential linkage fee is the obligation of the builder of a
residential development project. The City may institute any appropriate legal actions or
proceedings necessary to ensure compliance herewith, including, but not limited to, actions to
revoke, deny, or suspend any permit or development approval.
(b) The City Attorney shall be authorized to enforce the provisions of this chapter
and all below market rate housing agreements, regulatory agreements, and all other covenants
or restrictions placed on affordable units, by civil action and any other proceeding or method
permitted by law.
(c) Failure of any official or agency to fulfill the requirements of this chapter shall not
excuse any builder or owner from the requirements of this chapter. No permit, license, map, or
other approval or entitlement for a commercial development project shall be issued, including
without limitation a final inspection or certificate of occupancy, until all applicable requirements
of this chapter have been satisfied.
(d) The remedies provided for in this chapter shall be cumulative and not exclusive
and shall not preclude the City from any other remedy or relief to which it otherwise would be
entitled under law or equity.
Division 3.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
Division 4.
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This Ordinance is exempt from the California Environmental Quality Act (CEQA) per State
CEQA Guidelines Section 15378(b)(4), which indicates that administrative actions that do not result
in physical changes to the environment are not considered “projects” requiring review. The
proposed Ordinance is also exempt per Section 15305 (Minor Alterations in Land Use Limitations),
which is a categorical exemption that applies to code amendments that will not have any significant
environmental effects.
Division 5.
This ordinance, or a summary as applicable, shall be published as required by law and
shall become effective 60-days thereafter.
____________________________________
Donna Colson, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing
ordinance was introduced at a regular meeting of the City Council held on the ______day of
_________________ 2019 and adopted thereafter at a regular meeting of the City Council held
on the ______ day of _________________ 2019, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________________
Meaghan Hassel-Shearer, City Clerk
RESOLUTION NO. __________
1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING
AN AREA STANDARD WAGE POLICY FOR NEW RESIDENTIAL DEVELOPMENTS
SUBJECT TO THE IMPOSITION OF IMPACT FEES UNDER CHAPTER 25.82 OF THE
MUNICIPAL CODE
WHEREAS, California Government Code Section 65580(d) states that all cities have a
responsibility to use the powers vested in them to facilitate the improvement and development
of housing and to make adequate provision for the housing needs of all economic segments of
the community; and
WHEREAS, the City Council of the City of Burlingame has determined that the
development of an area standard wage policy, in addition to the City's commitment to enforcing
prevailing wage requirements as to public works projects, as such projects are defined in
California Labor Code Section 1720 et seq., is necessary to protect local job opportunities and
to increase wages of workers and residents in the city; and
WHEREAS, the Council has adopted a residential impact fee ordinance (Municipal Code
Section 25.82) that authorizes the imposition of residential impact fees for certain residential
development projects to mitigate the impact of such projects on the need for affordable housing
in the city (the "Residential Impact Fee Ordinance"); and
WHEREAS, in connection with its Residential Impact Fee Ordinance, the City has
received and considered reports from the Residential Impact Fee Nexus Study dated November
2015, prepared by Strategic Economics and Vernazza Wolfe Associates, Inc.; and
WHEREAS, the Nexus Study demonstrates that new residential development projects
create a need for affordable housing in the city by creating many jobs paying such low wages
that workers cannot afford market rate housing in the city; and
WHEREAS, the findings provided in the Nexus Study have been further supported in the
Financial Analysis of Proposed Affordable Housing Program (the “Financial Analysis”), dated
November 2018, prepared by Seifel Consulting, Inc.; and
WHEREAS, the City has determined that the payment by residential development
projects of "Area Standard Wages," which shall be defined as the general prevailing wage
determinations for San Mateo County as made by the State of California Director of the
Department of Industrial Relations, will increase certain households' ability to afford housing in
the city, thereby reducing the impact of those residential development projects on the need for
affordable housing in the city; and
WHEREAS, in recognition of the reduced impact of projects paying Area Standard
Wages, the Planning Commission recommends that the City Council adopt an Area Standard
Wage Policy that will reduce the Residential Impact Fee for all residential development projects
RESOLUTION NO. __________
2
that voluntarily enter into an agreement with the City to pay Area Standard Wages consistent
with this Resolution; and
WHEREAS, the staff report accompanying this Resolution and referenced documents
have been presented to and considered by the City Council in support of the findings and
approvals set forth in this Resolution; are hereby incorporated by reference to this Resolution;
and, together with the above recitals any public testimony received, form the evidentiary basis
and establish the analytical route for reaching the ultimate findings and conclusions contained in
this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame as
follows:
1. The foregoing recitals are true and correct and incorporated into this
Resolution by this reference.
2. The provisions of this Resolution shall apply to all residential development
projects, as such terms are defined in the Residential Impact Fee Ordinance, where the
developer voluntarily enters into an "Area Standard Wage Participation Agreement" (an
“Agreement”) with the City. The Agreement shall apply to construction of the development
project and related public works that are within the customary jurisdiction of the construction
trades and crafts, whether performed on or off-site, but need not include off-site work performed
by materialmen, as defined under California law.
3. Upon execution of an Agreement that conforms to the requirements of
this Resolution, initial fees shall be imposed on new residential development projects as follows:
With Prevailing / Area Wage
Rental Multifamily – 11 units and above
Up to 50 du/ac $14.00
51-70 du/ac $17.00
71 du/ac and above $25.00
For Sale Multifamily (Condominiums) – 7 units and above
$30.00
If the developer commits a material breach of such Agreement, the difference in residential
impact fees between the adopted fees and the reduced amount under this Resolution shall
become due and payable to the City, in addition to all other remedies set forth herein.
4. All employees performing construction work for a project subject to an
Agreement shall be paid not less than the Area Standard Wage or the highest prevailing rate
of per diem wages as determined and published by the California Department of Industrial
Relations subject to California Labor Code Section 1733 from the commencement of
construction until the issuance of the latter of either a final certificate of occupancy or a final
RESOLUTION NO. __________
3
inspection. Nothing in this Resolution shall be construed to prohibit payment of more than
Area Standard Wages.
5. The Agreement shall apply to the employees of any employer, including
the developer, any general contractor or subcontractor, or other contractor engaged in
construction including their successors or assignees (collectively, the "employer"), but it shall
not apply to supervisory or managerial personnel or to persons employed in the rental,
operation, or maintenance of the residential development project.
6. The initial Area Standard Wage for each of the employer's employees
shall be the published wage rate as of the date the employee commences work on the
residential development project. The employer shall be responsible for checking on a quarterly
basis whether the Area Standard Wage has been adjusted. In the event that the Area
Standard Wage has been adjusted, the employer shall pay such adjusted Area Standard
Wage; provided, however, that in no event shall the employer pay less than the initial Area
Standard Wage.
7. The employer shall keep an accurate payroll record as specified in
California Labor Code Section 1776(a). Certified copies of the payroll records shall be
available for inspection at all reasonable hours at a local office of the employer. Copies of the
Area Standard Wage Participation Agreement and the records granting the permits
authorizing the residential development project shall be provided upon request of a City
representative. Any employee, his or her designee, or the public may also request copies of
the payroll records from the City. The addresses and social security numbers of the
employees may be masked or deleted so as to prevent disclosure in copies furnished to the
public. The failure of an employer to comply with the requirements of this section shall create
a presumption that Area Standard Wages have not been paid.
8. Nothing in this Resolution shall prevent the employment of any number
of properly registered apprentices, as defined in Chapter 4, Division 3 of the California Labor
Code. Every such apprentice shall be paid not less than the Area Standard Wage paid to
apprentices under the regulations of the crafts or trade at which he or she is employed and
shall be employed only at the work of the craft or trade to which he or she is registered. The
employment and training of each apprentice shall be in accordance with the provisions of the
apprenticeship standards and apprentice agreements under which he or she is in training.
9. The provisions of this Resolution shall be incorporated into the
Agreement for all residential development projects where the developer voluntarily agrees to
enter into an Agreement. The developer shall also cause the provisions of this requirement to
be incorporated into each contract and subcontract which would be subject to this
requirement. In the event the provisions are not so incorporated, the developer shall be liable
to the worker in any action or proceeding for the difference between the Area Standard Wage
rate required to be paid and the amount actually paid to the worker, including costs and
attorney fees, as if the developer were the actual employer.
RESOLUTION NO. __________
4
10. The Community Development Director, or his or her designee, shall
maintain for public inspection the current Area Standard Wages. All bid specifications and
contracts subject to the provisions of this Resolution shall reference the obligations imposed
under this Resolution. A copy of the applicable wage rates together with a copy of a "Notice to
Employees," which notice shall be prepared by the developer and approved by City staff, shall
be given to any employer subject to the provisions of this Resolution, and all such employers
shall post a copy of the Area Standard Wages applicable to the work to be done at the job site
in a prominent, visible place readily accessible to the workers employed in the construction of
the improvements.
11. No laborer or employee to whom the wage, salary, or other labor
standards of this Resolution are applicable shall be discharged or in any other manner
discriminated against by the employer because such employee has filed any complaint or
instituted, or caused to be instituted, any proceeding or has testified or is about to testify in
any proceeding under or relating to the provisions of this Resolution.
12. In the event of a breach of this Resolution or an Area Standard Wage
Participation Agreement, the employer shall be liable to the employee for any unpaid wages
overtime wages, and benefits established by this Resolution.
13. In the event of failure to pay any employee, laborer, or mechanic
(including any apprentice, trainee, or helper) employed in the construction of a residential
development project subject to this Resolution all or part of the wages required by this
Resolution, the developer shall, upon written demand of the Community Development
Director, withhold or cause to be withheld from any moneys payable on account of work
performed by a contractor an amount as may be considered necessary to pay laborers and
mechanics employed by such contractor or subcontractor the full amount of wages, overtime
wages, and benefits required by these labor standards after providing 10-days written notice
of such intent to the contractor or subcontractor who has failed to pay the applicable Area
Standard Wages to any worker. The developer shall, after such written notice to the
contractor, disburse such amounts withheld for and on account of the contractor to the
respective employees to whom they are due. If the employee cannot be found to satisfy the
unpaid wages, unpaid overtime wages, and benefits, all such sums shall be remitted to the
City's general fund, including a credit for applicable accrued penalties.
14. Nothing in this Resolution shall preclude enforcement by the California
Division of Labor Standards Enforcement for any matter over which the Division has
jurisdiction.
15. The Community Development Director shall have the authority to issue
guidelines, rules or regulations from time to time in furtherance of this Resolution.
RESOLUTION NO. __________
5
16. Adoption of this Resolution is exempt from the California Environmental
Quality Act (CEQA) because the adoption of this Resolution is not a project, in that it is related
to a government funding mechanism which does not involve any commitment to any specific
project (CEQA Guidelines Section 15378(b)(4)), and because it can be seen with certainty
that there is no possibility that the Area Standard Wages provisions may have a significant
effect on the environment, in that this Resolution contains no provisions modifying the
physical design, development, or construction of residences or residential structures (CEQA
Guidelines Section 15061(b)(3)).
17. This Resolution shall take effect only if the Residential Impact Fee
Ordinance is adopted and effective.
_______________________________________
Donna Colson, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing
resolution was adopted at a regular meeting of the City Council held on the ____ day of
_____________, 2019 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
________________________________________
Meaghan Hassel-Shearer, City Clerk
Financial Analysis of Proposed Affordable Housing Program
City of Burlingame
For many years, new housing development in the Bay Area has not kept pace with the growing demand
for housing. This is particularly true of San Mateo County, where strong economic growth has intensified
housing demand, leading to rapid increases in home prices and rents. As a result, many local residents and
workers are not able to afford housing in the County and the City of Burlingame.
The local jurisdictions within San Mateo County commissioned a coordinated set of residential nexus
studies to help mitigate the impacts that new residential development has on the provision of affordable
housing. Strategic Economics and Vernazza Wolfe Associates prepared the City of Burlingame
Residential Impact Fee Nexus Study in 2015 (Nexus Study) as part of this countywide effort.
The Nexus Study evaluated development revenues (rents and sales prices), development costs and
potential housing impact fees for the three most typical types of development in the City of Burlingame—
single family attached, condominiums and apartments. The Nexus Study also performed a financial
feasibility analysis of these three housing prototypes in order to develop recommendations regarding the
feasible range of fees per square foot of residential development that the City could consider adopting.
In general, the recommended fee levels in the Nexus Study for Burlingame range from $25 to $50 per
square foot, while the maximum justified fee amounts according to the Nexus Study for Burlingame range
from $50 to $85 per square foot, as shown below in Figure I-1 from the Nexus Study.
The City of Burlingame asked Seifel Consulting Inc. (Seifel) to prepare an updated financial analysis to
help the City evaluate the potential adoption of new impact fees on residential development and the best
strategies to incentivize the onsite provision of affordable housing within new development as part of the
City’s affordable housing program.
This report summarizes the findings from Seifel’s financial analysis, which was initially presented to the
City Council in July 2018. This report is organized into the following sections, which are accompanied by
tables and charts as further described below:
A. Summary of Findings ....................................................................................................................... 2
B. Infill Development Challenges and Opportunities ........................................................................... 3
C. Current Development Conditions in the City of Burlingame ........................................................... 7
D. Financial Analysis of Housing Fee Alternatives ........................................................................... 12
E. Financial Analysis of Onsite Affordable Housing Provision ........................................................ 17
F. Financial Feasibility of Onsite Affordable Housing Provision ..................................................... 24
G. Conclusion ...................................................................................................................................... 27
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A. Summary of Findings
This report presents the key financial considerations associated with achieving new residential
development in the City of Burlingame and an updated development feasibility analysis to help the City
evaluate how to incentivize the onsite provision of affordable housing within new development as part of
its affordable housing program, which is proposed to include the adoption of housing fees on new
residential development. The report concludes with potential policies that the City may want to consider
implementing in order to encourage the provision of onsite affordable housing.
As rents and prices have continued to increase, the difference between the cost of housing and what many
households can afford to pay for housing has increased, leading to a widening “affordability gap” for new
housing. In order for new development to be financially feasible when including onsite affordable
housing units, the cost of providing new affordable housing must be able to be factored into the total costs
of developing housing while still leaving sufficient developer margin or return to allow development to
go forward.
Developing infill housing development in Bay Area cities like Burlingame is typically challenging and
risky to undertake given the uncertainties of the development process, and is costly due to the broad range
of development cost factors discussed in this report. For example, land prices and construction costs
(including parking) have risen rapidly in recent years, significantly affecting development feasibility for
new housing, particularly for multifamily apartments where apartment rents have not been increasing as
fast as construction costs.
Depending on the total development costs associated with new apartments, rental units may not yield
sufficient returns to attract capital (creating a development feasibility gap). Higher density alternatives,
however, are more feasible when land values are significantly less on a per unit basis, providing greater
opportunities for developers to pay for public requirements such as affordable housing. Onsite affordable
housing requirements that are focused on moderate income households (earning between 80% and 120%
of Areawide Median Income) are more financially feasible and best correlate to citywide housing fee
levels ranging from $15 to $25 per square foot on residential development. (This range of fee levels was
tested in this financial analysis based on guidance from City staff, and takes into account housing fee
levels in surrounding cities.)
Housing prices in the Bay Area have been increasing rapidly, and most buyers need significant cash or
“trade-up” value in homes to afford new units, making it much more difficult for first-time homebuyers to
purchase a new home. Constructing for-sale housing units is typically more financially feasible in
Burlingame as compared to constructing apartments given the high prices for new homes. However, the
affordability gap for new homes is significant, particularly for large single family attached units
(townhomes). The financial analysis indicates that housing fees at $25/SF can be supported by new
ownership development, and onsite affordable housing requirements focused on households between
110% and 135% AMI are financially feasible, assuming reasonable land and construction costs.
This analysis finds that the City of Burlingame may want to consider providing an onsite housing
development alternative to the payment of housing fees that is primarily focused on addressing the
housing needs of households earning between 80% and 135% Areawide Median Income and that requires
the provision of 10 percent of total units as affordable housing units. For apartments, the provision of
onsite housing is best accomplished with projects that provide a higher range of densities and have
parking requirements similar to what is allowed in State Density Bonus Law for mixed income
developments. For single family attached units, allowing affordable housing units to be a smaller size
than what is typically built in single family attached developments significantly enhances the ability of
developers to provide onsite housing units at affordable sales prices while maintaining development
feasibility.
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B. Infill Development Challenges and Opportunities
As described by the Urban Land Institute, the infill development process is complex and challenging but
provides significant opportunities to create vibrant mixed-use neighborhoods.1 As demand for urban
living continues to increase, developers are increasingly undertaking new housing development that
replaces or intensifies existing uses, often as part of mixed-use developments with housing above ground-
floor retail or other commercial uses.
In order to develop new infill housing, developers must prepare a proposed residential development
program, undertake a series of technical analyses, refine the development program based on input from a
broad variety of stakeholders, and secure government approvals prior to starting construction. This pre-
development period is typically the most risky phase of development, and developers typically need to
raise private investor capital (equity) to fund pre-development costs.
Given the high risks associated with new development not occurring or not occurring as planned,
developers must be able to generate sufficient returns or profit to attract private equity commensurate
with these risks. Private equity must also be raised during the construction and the sales or lease-up
period, as private lenders typically require a 35% to 40% equity contribution for infill housing projects.
Throughout the predevelopment process, and most importantly prior to initiating construction, a
developer must be able to demonstrate to its private capital sources (private investors and lenders) that
there is sufficient developer margin (return) to take into account potential risks and to repay capital at
specified levels of return. In most capital structures, the priority of capital repayment is as follows:
1) construction and permanent lenders, 2) private investors who typically receive a preferred return and a
share of profits that are generated by the development and 3) the developer.2
Figure B-1 below illustrates the development feasibility framework for new development, which shows
the typical costs of development, the supportable project costs based on a target return, and the projected
developer margin (or return) after taking into account all development costs.
Figure B-1
Development Feasibility Framework Per Residential Unit
1 https://urbanland.uli.org/development-business/making-infill-work-floridas-urban-cores/
2 The developer is often allowed to receive a reimbursement for developer project management and overhead costs to manage the
development process out of the construction loan proceeds.
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
Developer Margin
Government Fees
Other Soft Costs
Construction Financing
Parking Construction
Hard Construction Cost
Demolition and Site
Improvements
Land
Developer Margin
Project
Costs
Supportable
Project Costs
Project Value
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Figure B-2 illustrates the typical development costs associated with infill development, which include the
direct costs of new development (demolition costs, site improvement, parking, and building hard
construction) and the indirect costs of new development (also known as soft costs, which include
government fees, architecture and engineering, construction financing, and other soft costs).
Figure B-2
Typical Development Costs for Infill Development
Building construction costs are the most significant cost component to developing housing. Residential
building costs increase based on the type of construction, with wood-frame development (referred to as
“Type V” construction) being the least expensive, and concrete/steel, fire-resistive development (referred
to as “Type I” construction) being the most expensive on a per square foot basis. Most of the new
residential development in Burlingame is Type V wood-frame construction built over a concrete podium
slab with parking below, or underground parking.
Parking costs are a major contributor to residential construction costs as the costs of constructing a
parking space within a building can range from $40,000 to $70,000 per space depending on the location
of the parking and the site conditions, as shown in Figure B-3. (For example, the cost of building
underground parking is higher in locations that require significant environmental remediation and/or have
high water tables.) Requiring substantial amounts of ground floor retail space and associated parking also
significantly increases costs.
Figure B-3
Typical Parking Construction Cost Per Space
Land
Demolition and
Site
Improvements
Hard
Construction
Cost Parking
Construction
Construction
Financing
Other Soft Costs
Government
Fees
Developer
Margin
$0
$20,000
$40,000
$60,000
$80,000
Surface With
Carport
Above Grade
Podium Structure
Partially Below
Grade Structure
Below Grade
Structure, 1 Level
Below Grade
Structure, 2+
Levels
Mechanical Lift
Parking (Podium)
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Residential construction costs have increased significantly since 2015 due to rapid increases in material
costs (including lumber, concrete and steel) and robust demand for construction labor and subcontractors.
Some construction experts report that construction costs on the Peninsula have annually increased
between 10% and 15% over the past two to three years.
Land costs are also a major contributor to development costs, and they vary widely for infill development.
Land costs are determined by the marketplace based on the price at which property owners are willing to
sell their property and what developers can afford to pay for land after taking into account all non-land
related development costs including a sufficient allowance for developer margin or return. This “residual”
value of land for future residential uses (often referred to as “residual land value”) must exceed the
property’s value given its current use. Figure B-4 below illustrates how developers typically calculate
residual land value to determine how much they can afford to pay for property acquisition.
Figure B-4
Residual Land Value Per Residential Unit
Since most infill sites in Burlingame that might be developed as housing have existing buildings
generating rental income, the developer must typically pay an amount that is significantly higher than the
existing property value based on this rental income to incentivize the owner to sell. Some property owners
require developers to purchase property outright, while others are willing to allow developers to pay for
the opportunity to develop property in the future by entering into an option to purchase property.
Typically, land purchase options provide for a certain period of time during which a developer can
undertake pre-development activities, and option payments typically increase over time, particularly if
performance milestones are not met. At some point, most property owners require developers to purchase
property outright or let the option expire if the pre-development process extends for a long time.
In summary, developing residential infill development is costly in cities like Burlingame and others on
the Peninsula due to the following cost factors:
• Expensive property acquisition costs, particularly in areas of high demand such as Burlingame.
• Significant environmental mitigation and remediation costs.
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
Developer Margin
Government Fees
Other Soft Costs
Construction Financing
Parking Construction
Hard Construction Cost
Demolition and Site
Improvements
Land
Developer Margin
Project
Costs
(except
land)
Residual Land Value
Project Value
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• Public infrastructure and facility upgrades to accommodate new development.
• Complex governmental approval process that can take a long time to complete and can result in
significant modifications to the development program and architectural design from what is
originally proposed.
• Public fees for municipal costs related to land use planning, application processing, permits and
public infrastructure/facilities (development impact fees).
• Higher cost of capital and investor return thresholds as projects take longer and often have unique
project components that are more difficult to underwrite.
• Expensive construction costs due to the inclusion of structured parking (particularly underground
parking) and the vertical integration of multiple uses with different design and construction
requirements.
These development costs have rapidly increased in the Bay Area since 2015, making it much more
difficult for residential infill development to be financially feasible than what was analyzed and reported
in the Nexus Study.
Based on discussions with real estate professionals, infill development in the Bay Area is likely going to
continue to be challenging to undertake for the following reasons:
• Despite the fact that the United States has experienced a very long economic expansion since the
last recession, the Federal Reserve continues to think that the United States is still in a period of
moderate economic expansion.3
• Interest rates have been at historic lows but are anticipated to continue to increase over time as
evidenced by the recent interest rate increases by the Federal Reserve.
• Capitalization rates, which are used to measure property values, tend to increase over time as
interest rates increase. As cap rates increase, underwriters typically lower their expectation of
future property values.4
• Construction costs are anticipated to continue to increase given the high demand for construction,
particularly given the rebuilding activity after the recent fires in California.
• Housing supply in the Bay Area is not keeping pace with demand. For example, in high
employment growth, Bayside areas like San Mateo and Santa Clara counties, only one housing
unit was built for every 15 jobs created between 2011 to 2015, according to the Metropolitan
Transportation Commission.5
• Due to high housing demand, the housing affordability gap has widened for many households in
the Bay Area.
• Apartment rent growth has flattened on the Peninsula, in part due to the housing affordability
crisis, as many households cannot afford to pay higher market rate apartment rents.
• While moderate economic expansion is projected in the near term, an economic recession will
likely emerge sometime in the next few years based on historical experience, which will
significantly affect future housing development conditions.
3 https://www.federalreserve.gov/newsevents/speech/powell20180406a.htm
4 A capitalization rate is equal to the ratio of a property’s net operating income to its purchase price or value. Low cap rates mean
that properties are perceived by the market place to have a high value in relationship to their income producing potential.
5 https://www.planbayarea.org/sites/default/files/san_francisco_cma_board_presentation.pdf
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C. Current Development Conditions in the City of Burlingame
As described earlier, the Nexus Study evaluated development conditions in the City of Burlingame for the
purpose of developing housing fee recommendations. The first step in the financial analysis was to review
the Nexus Study in order to understand the core development assumptions and methodologies used in the
Nexus Study for the three most typical types of development in the City of Burlingame—apartments,
condominiums and single family attached units (townhomes).
City staff provided a variety of information and input regarding recent residential development in
Burlingame for each of these residential types, including residential densities and development programs.
Seifel also collaborated with The Concord Group to assemble residential market data for Burlingame and
surrounding cities for the three housing types. Seifel interviewed developers undertaking projects in
Burlingame and nearby cities in order to gather recent data regarding local development conditions,
residential unit sizes, residential revenues, development costs and land prices.
In consultation with City staff, Seifel has evaluated the same three housing types and parcel sizes as
previously analyzed in the Nexus Study, but the development characteristics for each prototype have been
modified to reflect recent development experience in the City of Burlingame as follows:
• Multifamily apartments on a 3-acre site– three apartment scenarios have been analyzed at
densities of 50, 70 and 120 dwelling units per acre (dua)
• Condominiums on a .5-acre site– one condominium (condo) scenario at 50 dua
• Single family attached (SFA) homes on a 1.7-acre site– one SFA scenario at 18 dua
Table C-1 below summarizes the key characteristics of each residential prototype.
Table C-1
Summary of Development Characteristics for Residential Prototypes
Building Characteristics
Apartments
(50 dua)
Apartments
(70 dua)
Apartments
(120 dua)Condominiums
Single Family
Attached
(For Sale)
Building Type Wood-Frame Wood-Frame Wood-Frame Wood-Frame Wood-Frame
Total Residential Units 150 210 360 25 31
Residential Net Square Feet (NSF)127,500 174,300 288,000 25,000 46,500
Average Unit Size (NSF)850 830 800 1,000 1,500
Parking Type Podium Podium Podium Underground Tuck-Under
Efficiency Factor a 70%70%70%80%85%
Residential Gross Square Footage (GSF)182,143 249,000 411,429 31,250 54,706
Floor Area Ratio (FAR) b 1.4 1.9 3.1 1.4 0.7
Land Area (SF)130,680 130,680 130,680 21,780 74,052
Land Area (Acres)3.00 3.00 3.00 0.50 1.70
Units per Acre 50 70 120 50 18
Notes:
(a) Ratio of residential net square footage to residential gross square footage
(b) Floor area ratio (FAR) measures density by dividing residential gross building area by total site area
Source: The Concord Group, Seifel Consulting Inc.
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1. Development Revenues
Revenues from new residential development are generated from the following sources:
• Rental revenues, which are generated by the monthly rental of apartments, and the associated
market value of an apartment unit, based on this rental income.6
• Sale of residential units, either from the sale of single family attached homes or condominiums.
The Concord Group (TCG) assembled residential market data for the three housing product types for the
City of Burlingame and surrounding cities in the northern part of San Mateo County as of May 2018.
TCG gathered residential market data on apartments and for-sale communities in these areas to inform
their analysis. Table C-2 below summarizes the anticipated revenues to be generated by the residential
prototypes based on the residential market analysis prepared by TCG, which has been adjusted to reflect
the typical unit mix being developed in Burlingame. (The supporting market data and analysis prepared
by TCG is included in Appendix 1.)
Table C-2
Summary of Residential Revenues for Residential Prototypes
6 The value of an apartment unit is based on standard appraisal valuation technique using capitalized net operating income (net
operating income divided by an assumed cap rate for apartments).
Prototype
Residential
Net Square
Feet (NSF)
Unit Sales
Price/
Monthy
Rent
Apartments (50 dua)
Type V Wood Frame Average 850 $3,734
50 units per acre Total 127,500
Podium
Apartments (70 dua)
Type V Wood Frame Average 830 $3,651
70 units per acre Total 174,300
Podium
Apartments (120 dua)
Type V Wood Frame Average 800 $3,569
120 units per acre Total 288,000
Podium
Condominiums Average 1,000 $939,000
Type V Wood Frame Total 25,000
50 units per acre
Underground
Single Family Attached (For Sale)
Type V Wood Frame Average 1,500 $1,632,000
18 units per acre Total 46,500
Tuck-Under
Source: The Concord Group, Seifel Consulting Inc.
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a. Apartment Rents and Values
Monthly market rents for new apartments in Burlingame are anticipated to range between $2,300 for
studios to about $4,600 for three-bedroom units. Based on a typical mix of units, average market rents for
an apartment building with a typical 800-850 square feet average unit size are estimated to range from
approximately $3,600 to $3,700 per month.
The potential value of an apartment unit is estimated by capitalizing the annual net operating income
using a 4.25% capitalization rate (cap rate) for residential apartments and deducting sales-related
expenses in order to project net apartment revenues for the financial analysis. Net operating income (NOI)
is equal to project revenues less a 5 percent vacancy allowance less operating expenses (including
property taxes). As described earlier, current cap rates are at historically low levels, and this low, 4.25%
cap rate reflects the robust market conditions for housing on the Peninsula. Sales expenses are assumed at
3% of value and include sales/brokerage fees, title/recording fees and other sales related expenses.
b. Condominium and Single Family Attached Sales Prices
Sales prices for condominiums and single family attached units vary based on location, unit size, building
amenities, and whether or not units have a view premium, among other factors. Sales prices for each
housing prototype are based on anticipated sales value per net square foot (NSF) for a typical new
development of comparable height, target market and unit size in developments located in or near
Burlingame.
As the average size of units, design features and amenities typically differ between condominium and
single family attached developments, the projected market pricing takes this into account. Condominium
market sales prices typically range from $900 to $1,000/NSF, and the average price for condominium
units has been assumed to be about $939,000. Single family attached units are typically higher priced,
ranging from $1,000 to $1,100/NSF, and the average price for these units is projected to be about
$1.63 million. (These sales prices are assumed to include the cost of parking.)
2. Development Costs
Development cost assumptions were developed based on a review of the prior Nexus Study assumptions
and interviews with real estate professionals who are actively developing residential projects in the
Peninsula. Development costs vary from project to project but generally consist of three major cost
categories: land, direct costs to improve and construct buildings (also known as hard costs) and indirect
costs that are required to prepare for development (also known as soft costs).
a. Land Costs
As described earlier, most residential infill sites in Burlingame have existing buildings that generate rental
income. Given this, developers must typically purchase property at prices that are significantly higher
than the existing property value based on this rental income to incentivize the owner to sell while
maintaining development feasibility.
Property values in the City of Burlingame (and the Peninsula) vary widely depending on the existing use
of the property and the future use of the property. Based on a review of market data compiled by TCG
and interviews with developers, land values are assumed to range from $200 to $260 per square foot of
land, or about $8.7 million to $11.3 million per acre. However, land costs may be much higher than this
level, particularly when a developer is purchasing a commercial property that achieves high retail and
office rents such as in downtown Burlingame.
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For residential development, developers evaluate how much they can afford to pay for land based on the
supportable residual land value per unit under alternative development programs assuming the ultimate
value of the development is sufficient to support development costs and achieve sufficient developer
margin or return thresholds to attract private capital. Developments that can achieve higher numbers of
dwelling units per acre (du/ac) can spread the cost of land over a greater number of housing units, which
typically improves development feasibility.
b. Direct Costs (Hard Costs)
Direct costs include all of the hard construction costs that are associated with new development.
• Demolition and site improvement costs include all of the costs that are required to ready the site
for development, including the demolition of existing structures, completion of the environmental
remediation work and the provision of public and private pathways and landscaped areas of the
project.
• Building hard construction costs include the construction costs related to residential, parking and
any ground floor retail uses.
Residential hard construction costs are based on wood-frame construction over podium or below-grade
parking. All of the hard construction costs include costs related to general conditions plus general
contractor (GC) overhead, profit, insurance and other GC costs. No additional hard cost contingency
factor was assumed in this analysis.
c. Indirect Costs (Soft Costs)
Indirect costs include all of the soft costs that are associated with new development. These include
government fees for planning, permitting and development impact fees, construction financing and other
soft costs, such as professional services (architectural design, engineering, environmental studies, market
analysis, legal, marketing, etcetera).
City staff provided estimates of the potential government fees that would need to be paid for each
prototype to cover fees charged by the City, local School Districts and other public agencies. Developers
use construction loans to finance a large share of the development costs during construction.
The construction financing assumptions take into account today’s low-interest rate environment for
construction loans and relatively conservative equity requirements. Other soft costs are based on
representative percentages of hard construction costs based on a review of pro formas, interviews with
real estate professionals and the prior Nexus Study.
Table C-3 below summarizes the projected development costs associated with each residential prototype
based on these assumptions.
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Table C-3
Summary of Development Cost Assumptions for Residential Prototypes
3. Developer Return Metrics
Developers, lenders and investors evaluate and measure returns in several ways. Based on input from real
estate developers, equity investors and lenders, development returns are based on two key measures
typically used by the real estate community: Developer Margin (or Return) and Yield on Cost.
a. Developer Margin or Return
Developer margin or return is equal to the difference between net potential revenues and total
development costs (before consideration of developer return or profit). As described earlier, a developer
will not proceed to build a project unless the project generates sufficient developer margin or return to
warrant the risk and to attract the private capital investment needed to undertake the project.
Developers and investors use different target return on cost (ROC) thresholds depending on the level of
complexity of the project, construction types, construction schedule, sales/rental absorption timeline,
potential equity sources including the use of tax credits. Projects with longer timelines have higher risk
and as a result require a higher return on cost.
The lowest return threshold for mixed income apartments is based on the allowable developer fee (or
return) according to the relevant tax credit regulations used by the California Tax Credit Allocation
Committee to implement Federal and State tax credit laws. These regulations allow a maximum developer
fee for new construction 4% Low Income Housing Tax Credit projects that is equal to 15% of the
project’s unadjusted eligible basis, which is approximately 14% of total development costs. (The
unadjusted eligible basis excludes land acquisition costs and a portion of other project costs.)
Market rate return (ROC) to attract private capital investment for market rate developments typically
range from 15% to 25% on total development cost depending on the complexity, size and time frame for
development, as well as whether the development is an apartment development, a for-sale condominium
or a single family attached development.
Development Costs
Apartments
(50 dua)
Apartments
(70 dua)
Apartments
(120 dua)Condominiums
Single Family
Attached
(For Sale)
Direct Costs a
Buliding and Site Improvement Costs per Unit $382,000 $357,000 $347,000 $438,000 $675,000
Indirect Costs b
Permits & Fees (Excl. Housing) c per Unit $18,500 $18,500 $18,500 $26,700 $27,800
Other Soft Costs % of Direct Costs 16%15%15%20%20%
Financing Costs
Loan to Cost Ratio (LTC)% of Dev't Costs 65%65%65%65%65%
Loan Interest Rate 5.0%5.0%5.0%5.0%5.0%
Construction/ Absorption Period in months 27 29 35 22 20
Outstanding Balance (Utilization Rate)% of Dev't Costs 60%60%60%60%60%
Loan Fees % of Loan Amount 1.5%1.5%1.5%1.5%1.5%
Note: Development costs are based on review of similar project pro formas in the Bay Area and interviews with developers, construction experts, other
real estate professionals, and City staff.
(a) Direct costs include site work, building construction, and parking costs of $60,000 per space for underground parking and $45,000 per space for
podium parking.
(b) Other soft costs include architectural and engineering fees (typically ranging from 5% for larger projects to 7% of direct costs for smaller projects),
taxes, insurance, legal & accounting, developer project management and overhead, sales and marketing and other consultant services.
The higher allowance of indirect costs for ownership housing is attributable to higher cost of sales, marketing and insurance costs. These costs depend
on the size, complexity and time frame of the project, and these percentage estimates assume a streamlined design and approval process.
(c) Permits & fees were calculated by the City based on recent experience with similar projects and exclude proposed housing fees.
Source: Development pro forma data on comparable projects, interviews with real estate professionals, City of Burlingame, Seifel Consulting, Inc.
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b. Yield on Cost (also known as Return on Cost for Apartments)
The most important feasibility return metric for apartment developments is called Return on Cost or Yield
on Cost (YOC). YOC is measured based on Net Operating Income (NOI) divided by development costs.
(NOI is equal to project revenues less vacancy allowance less operating expenses.) Another important
feasibility metric is the calculation of supportable project costs, which is calculated by dividing NOI by
the YOC. If supportable project costs exceed total development costs (before consideration of developer
return/profit), then the project is financially feasible.
While institutional investors and pension funds have typically underwritten projects to a YOC of between
5.5% to 6% in the Bay Area, recent trends indicate that some capital sources have accepted lower rates of
return between 5% to 5.25% for residential development in high demand areas along the Peninsula. Based
on these recent trends, the target YOC for apartments is assumed at 5.25% for this analysis, which means
that apartment developments that achieve a 5.25% YOC are assumed to be financially feasible, while
those below this threshold may not be able to attract the necessary capital to move forward, particularly if
the YOC is well below a 5.0% YOC. YOC thresholds are expected to increase in the future as interest
rates, cap rates and the cost of capital increases.
D. Financial Analysis of Housing Fee Alternatives
As described earlier, the City of Burlingame and all of the local jurisdictions within San Mateo County
commissioned a coordinated set of residential nexus studies to help mitigate the impacts of new
residential development on the provision of affordable housing. The City of Burlingame’s Nexus Study
recommended a range of housing fee levels from $25 to $50 per square foot, while the maximum justified
fee amounts according to the Nexus Study ranged from $50 to $85 per square foot.
Other cities in San Mateo County have already adopted housing fees that are significantly lower than the
maximum justified nexus amounts. Based on a recent survey of other jurisdictions in San Mateo County
summarized by City staff, adopted housing fees ranged from $15 to $34 per square foot, with median fee
levels at $21 per square foot, as shown below in Table D-1.
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Table D-1
Summary of Housing Fee Levels of Other San Mateo County Jurisdictions
While housing fees could potentially be charged at higher levels in the City of Burlingame than other
cities, this financial analysis evaluated alternative housing fee levels at $15, $20 and $25 per square foot
(SF), reflective of the typical fee level ranges of other jurisdictions in San Mateo County.7
7 This analysis assumes that housing fees would be calculated on a residential net square foot basis, which is typical fee
framework, though some cities do calculate fees on a gross square foot basis.
Townhomes Condominiums Apartments
Per SF Per SF Per SF
Atherton
Belmont $20.00 $20.00 $20.00 2017
Jurisdiction Date Fee
Adopted
None
Colma $15.00 $15.00 $15.00 2016
Daly City $18.00 $22.00 $25.00 2014
East Palo Alto 1 $23.00 $23.00 $33.71 2014
Foster City None2
Menlo Park None2
Pacifica
Portola Valley
Redwood City 4 $25.00 $20.00 $20.00 2015
San Bruno $25.00 $25.00 $25.00 2016
San Carlos 5 $20.59 $20.59 $21.00 2010
San Mateo City
San Mateo County6 $12.50 $12.50 $10.00 2016
South San Francisco
None2
None3
None2
None2
LOWEST $12.50 $12.50 $10.00
AVERAGE $19.89 $19.76 $21.21
MEDIAN $20.30 $20.30 $20.50
HIGHEST $25.00 $25.00 $33.71
2 No Housing Impact Fee adopted, but Inclusionary Housing requires Below Market Rate units in new
developments. Some municipalities allow on-site Below Market Rate units to be satisfied with in-lieu fees.
3 Has inclusionary fee triggered by subdivisions.
5 Sliding scale: fees vary based on number of units, up to $42.20/sf for largest projects. Also assesses fee
on single family additions.
6 $5.00/sf for first 2,500 sf, $12.50 per each square foot over 2,500 sf. Only applies to projects with 4 or
fewer units; projects with 5 units or more are subject to the Inclusionary Housing Ordinance rather than fees.
1 Townhome and condo fee increases to $44.00/sf for projects with structured parking. Apartment fee
increases to $44.72/sf for projects outside Ravenswood Business District.
4 Fee applies to projects with between 5 and 19 units. Projects with 20 units or greater are required to
provide Inclusionary units rather than fees. Projects with 4 or fewer units are not subject to fees or
inclusionary requirements.
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Page 14
1. Financial Analysis of Apartments at Varying Housing Fee Levels
The first step in the financial analysis was to analyze the potential financial impact from the adoption of
housing fees ranging from $15 to $25/SF on apartments, as apartments have the potential to produce the
greatest number of new housing units in Burlingame. Figure D-1 shows the effect on development
feasibility of three potential housing levels on three apartment prototypes representing the range of
densities currently being developed or proposed in Burlingame.
The housing fee is shown as a red bar in Figure D-1, and the light blue bar represents all of the other
development costs (except the housing fee). The green bar shows the calculated developer margin or
return, which represents the difference between the project value and total development costs.
The feasibility gap is displayed as a checkerboard, which indicates that the development value is not high
enough to provide sufficient developer margin/return. Only the apartment development at 120/dua
remains financially feasible with these proposed fee levels (does not have a significant feasibility gap).
Figure D-1
Apartment Development Feasibility at Alternative Housing Fee Levels
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
50 dua 70 dua 120 dua 50 dua 70 dua 120 dua 50 dua 70 dua 120 dua
Feasibility
Gap
Developer
Margin/
Return
Housing Fee
Other
Development
Costs
Housing Fee
@ $25/SF
Housing Fee
@ $20SF
Housing Fee
@ $15/SF
DRAFT—FOR INTERNAL REVIEW ONLY
Page 15
The financial analysis also analyzes each housing fee scenario using the most common return metric for
apartments of YOC (assumed at 5.25%). As shown in Figure D-2, the financial analysis indicates that
apartments developed at 120 dua—with lower average land costs per unit—are financially feasible at
housing fees of $15/SF and $20/SF while slightly below the feasibility threshold at $25/SF. However,
apartment developments at densities of 50 dua and 70 dua not financially feasible under any of the
proposed fee levels based on the development cost assumptions assumed for this analysis, which include
relatively high land costs per unit.
Figure D-2
Financial Feasibility of Apartments at Alternative Housing Fee Levels
2. Financial Analysis of Condominium and Single Family Attached at Varying
Housing Fee Levels
A similar financial analysis was done for the two for-sale housing prototypes: condominium and single
family attached.
Figure D-3 shows the effect on development feasibility of three potential housing fee levels on a
condominium unit, while Figure D-4 shows the effect on development feasibility on a single family
attached unit. As these graphs illustrate, new condominium and single family attached housing is feasible
at all of the proposed fee levels of $15/SF, $20/SF and $25/SF.
4.0%
4.5%
5.0%
5.5%
6.0%
50 dua 70 dua 120 dua 50 dua 70 dua 120 dua 50 dua 70 dua 120 dua
Housing Fee at $25/SF Housing Fee at $20/SF
Housing Fee at $15/SF Target Return or Yield on Cost
DRAFT—FOR INTERNAL REVIEW ONLY
Page 16
Figure D-3
Condominium Development Feasibility at Alternative Housing Fee Levels
Figure D-4
Single Family Attached Development Feasibility at Alternative Housing Fee Levels
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
Housing Fee
at $25/SF
Housing Fee
at $20/SF
Housing Fee
at $15/SF
Feasibility Gap
Developer
Margin/Return
Housing Fee
Other
Development
Costs
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
Housing Fee at
$25/SF
Housing Fee
at $20/SF
Housing Fee
at $15/SF
Feasibility Gap
Developer
Margin/Return
Housing Fee
Other
Development
Costs
DRAFT—FOR INTERNAL REVIEW ONLY
Page 17
E. Financial Analysis of Onsite Affordable Housing Provision
The next step in the financial analysis is to understand the potential financial trade-offs to a developer
from including affordable housing units within new market rate development versus paying a housing fee.
As one of the City’s key housing goals is to incentivize the onsite provision of affordable housing within
new development rather than collect housing fees, this section evaluates the potential financial effects of
providing affordable housing onsite to households at various income levels. An affordability gap analysis
is used to measure the difference or gap between what households at different income levels can afford to
pay for housing and the cost of renting or purchasing housing, which is then factored into project costs.
1. Household Income levels
The California Department of Housing and Community Development (HCD) publishes areawide median
income (AMI) levels calculated annually by the US Department of Housing and Urban Development
(HUD) for various household income thresholds and different household sizes in San Mateo County:
• Very Low Income (also referred to as VLI) means a household whose income is 50% or below
AMI, adjusted for household size.
• Low Income household (also referred to as LI) means a household whose income is above 50%
up to 80% AMI. In recent years, HUD has adjusted the LI limits in high-housing cost areas in a
way that exceeds these percentages in San Mateo, San Francisco and Marin counties.8
• Moderate Income household (also referred to as MOD) means a household whose income is
above 80% up to 120% AMI.
• Above Moderate Income (also referred to as Above MOD) means a household whose income is
above 120% AMI. This analysis focuses on Above MOD households up to 150% AMI.
Figure E-1 below shows the various household income levels that correspond to different housing types
by bedroom size and household size. For example, a one-person, very low income household at or below
50% AMI that occupies a studio (0 Bedroom) unit has a household income threshold of $51,350.
Table E-1
2018 Household Income Levels Corresponding to Housing Types by Bedroom Size
San Mateo County
8 https://www.mercurynews.com/2018/06/25/the-eye-popping-definition-of-what-is-low-income-in-the-bay-area-increases-again/
Hosehold Income Level Bedroom Size (Persons per Household)
Percent
Income Category of Areawide 0 Bedroom
Median Income (1)
Bedroom Size (Persons per Household)
1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom
(2)(3)(4)(5)
Very Low 50%$51,350
Low 60%$61,650
Low 70%$71,950
Low 80%$82,200
Moderate (Median)100%$82,900
Moderate 110%$91,200
Moderate 120%$99,450
Above Moderate 135%$111,900
Above Moderate 150%$124,350
Source: California Department of Housing and Community Development, HUD
$58,650 $66,000 $73,300 $79,200
$70,400 $79,250 $88,000 $95,050
$82,200 $92,500 $102,700 $110,950
$93,950 $105,700 $117,400 $126,800
$94,700 $106,550 $118,400 $127,850
$104,200 $117,250 $130,250 $140,650
$113,700 $127,900 $142,100 $153,450
$127,850 $143,850 $159,850 $172,600
$142,050 $159,850 $177,600 $191,800
Source: California Department of Housing and Community Development, HUD
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Page 18
2. Affordability Gap for Apartment Developments
Utilizing the San Mateo County data on household income levels, Seifel analyzed the housing
affordability gaps between market rate and below market rate (BMR) apartments that are considered
affordable to households at specific AMI levels according to State standards. The analysis was conducted
for all of the housing prototypes, but focuses first on the affordability gap for apartments.
Figure E-1 below shows the market rate rent and affordable rent at various target AMI levels for a typical
apartment unit, which averages between one to two bedrooms in size based on recent developments.9
As it illustrates, market rents are about $3,700 for the lower density apartment prototypes while a typical
very low income household at 50% AMI (at a typical household size of 2 to 3 persons) can only afford to
pay about $1,500 per month in rent (net of a standard utility allowance). This translates to an affordability
gap of about $2,200 per month, which is the difference between projected market rents and what a very
low income household can afford based on a standard of 30% of income toward housing costs.
Likewise, a moderate income household at 100% AMI can afford to pay about $2,400 per month in rent,
resulting in an affordability gap of about $1,300 per month in rent. Households would need to earn about
155% of AMI to be able to afford projected market rents.10
Figure E-1
Projected Monthly Rent for Typical New Apartment in Burlingame and Rental Affordability Gap
Seifel performed a similar set of calculations to measure the difference or affordability gap between the
value of an apartment unit assuming market rate rents and the value assuming BMR rents affordable to
households at specific AMI levels. Typical vacancy and operating expense assumptions are used to
calculate net operating income (NOI) at alternative rent levels, and the resulting NOI is divided by the
9 The affordability gap is calculated based on the weighted average distribution of units and corresponding household sizes for
both apartment and for-sale prototypes.
10 The State affordability standard for rental housing is based on 30% of income toward housing for the following household
income levels: very low income at 50% AMI, low income at 60% AMI and moderate income at 110% AMI. The affordability
standard of 30% of income for rental housing is used for all AMI levels in this analysis.
$0 $500 $1,000 $1,500 $2,000 $2,500 $3,000 $3,500 $4,000
50% AMI
60% AMI
80% AMI
100% AMI
110% AMI
Market Rate
Affordable Housing Cost Rental Affordability Gap Market Rate Housing Rent
DRAFT—FOR INTERNAL REVIEW ONLY
Page 19
4.25% cap rate to project values at each target AMI level. Figure E-2 below shows the affordability gap
based on apartment values at different household income levels, indicating a difference in value of about
$400,000 between the value for a market rate apartment and the value if the apartment were rented at
BMR rents affordable to a very low income household.
Figure E-2
Value of a New Apartment in Burlingame and Affordability Gap in Value
Utilizing the San Mateo County data on household income levels, Seifel also analyzed the housing
affordability gaps between market rate and below market rate sales prices for condominium and single
family attached units that would be affordable at specific AMI levels.
Figure E-3 on the next page shows the market sales price and affordable price at various target AMI
levels for a typical condominium unit, which averages about two bedrooms in size based on recent
developments. As it illustrates, market prices for new condominiums are projected to be about $939,000
while a moderate income household at 100% AMI (at a typical household size of about 3 persons) can
only afford to pay about $360,000, which translates to an affordability gap of about $580,000, which is
the difference between projected market sales price and what a moderate income household at 100% AMI
can afford based on a standard of 30% of income toward housing costs.11
Figure E-4 on the next page likewise shows the market sales price and affordable price at various target
AMI levels for a typical single family attached unit, which also averages about two bedrooms in size
based on recent developments. As it illustrates, market prices for new single family attached units are
projected to be about $1.63 million while a moderate income household at 100% AMI (at a typical
household size of about 3 persons) can only afford to pay about $360,000, which translates to an
affordability gap of about $1.27 million.12
11 The State affordability standard for ownership housing for a moderate income household is based on 35% of income toward
housing for households at 110% AMI, and this 35% of income standard is applied to all AMI levels at 110% AMI and above
for ownership housing. The 30% of income standard is applied to all AMI levels below 110% AMI for ownership housing in
this analysis.
12 Ibid.
$0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000
50% AMI
60% AMI
80% AMI
100% AMI
110% AMI
Market Rate
Value at Restricted Rent Affordability Gap Market Rate Apartment Value
DRAFT—FOR INTERNAL REVIEW ONLY
Page 20
Figure E-3
Affordability Gap for Condominium Unit in Burlingame at Various AMI Levels
Figure E-4
Affordability Gap for Single Family Attached Unit in Burlingame at Various AMI Levels
$0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000
80% AMI
100% AMI
120% AMI
135% AMI
150% AMI
Market Rate
Affordable Housing Cost Affordability Gap Market Rate Condominium Value
$0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000
80% AMI
100% AMI
120% AMI
135% AMI
150% AMI
Market Rate
Affordable Housing Cost Affordability Gap Market Rate Single Family Attached Value
DRAFT—FOR INTERNAL REVIEW ONLY
Page 21
3. Financial Effect of Alternative Onsite Apartment Requirements
Based on discussions with City staff, Seifel evaluated the financial effect of alternative affordable housing
policy options on development feasibility for apartments by comparing how much it would cost to
provide varying percentages of affordable housing units at different target household AMI levels. Given
the significant affordability gaps for apartments, Seifel performed sensitivity analysis related to the
following onsite affordable housing compliance options for apartments:
• Percentage of affordable units to be provided onsite– 10% and 15%
• Target household income levels– Very low income (50% AMI), low income (60% and 80%
AMI) and moderate income (100% and 110% AMI)
As one of the key City policy objectives is to incentivize the provision of onsite affordable housing
instead of the payment of housing fees, this analysis calculates the potential cost to the developer of
providing housing onsite on a per residential net square foot basis for a typical apartment. For example,
one scenario analyzed the potential cost to a developer of providing a mixed income apartment
development with 15% of units rented at BMR rents that are affordable to very low income households at
50% AMI, which translates to a cost of about $75/NSF in contrast to a cost of about $45/NSF for
moderate income households at 100% AMI. Figure E-5 illustrates the potential financial effect of
providing affordable apartments at alternative onsite requirements within these compliance options.
Figure E-5
Affordability Gap at Alternative Onsite Affordable Housing Requirements on Apartments
$0 /NSF $25 /NSF $50 /NSF $75 /NSF $100 /NSF
Very Low Income (50% AMI)
Low Income (60% AMI)
Low Income (80% AMI)
Moderate Income (100% AMI)
Moderate Income (110% AMI)
Very Low Income (50% AMI)
Low Income (60% AMI)
Low Income (80% AMI)
Moderate Income (100% AMI)
Moderate Income (110% AMI)
10% Affordable 15% Affordable
DRAFT—FOR INTERNAL REVIEW ONLY
Page 22
4. Financial Effect of Alternative Onsite Ownership Requirements
Figure E-6 similarly illustrates the potential financial effect of providing onsite affordable housing within
condominium developments given alternative onsite requirements. Given the significant affordability
gaps for both of the for-sale housing prototypes, Seifel performed sensitivity analysis on the following
onsite affordable housing compliance options for condominiums and single family attached units:
• Percentage of affordable units to be provided onsite– 10% and 15%
• Target household income levels–Low income (80% AMI), moderate income (100% and 120%
AMI) and above moderate income (135% and 150% AMI)
As an example, one scenario analyzed the potential cost to a developer of providing a mixed income
condo development with 15% of units sold at prices that are affordable to moderate income households at
100% AMI, which translates to a cost of about $85/NSF in contrast to a cost of about $30/NSF for units
priced to be affordable at 150% AMI, which is closest to the proposed housing fee level of $25/NSF.
Figure E-6
Affordability Gap at Alternative Onsite Affordable Housing Requirements on Condominium Units
Figure E-7a similarly illustrates the potential financial effect of providing onsite affordable housing
within single family attached developments given alternative onsite requirements. Given the significant
affordability gaps for single family attached units, an alternative scenario was tested that assumed smaller
onsite affordable units (1,200 NSF versus the typical average size of 1,500 NSF), which substantially
lowered the potential cost to a developer of providing a mixed income single family development.
As shown in Figure E-7b, even when smaller units are assumed, the cost of providing 15% of units at
prices that are affordable to moderate income households at 100% AMI translated to a cost of about
$130/NSF while the cost of providing units to above moderate income households at 150% AMI was
about $90/NSF.
$0 /NSF $25 /NSF $50 /NSF $75 /NSF $100 /NSF
Low Income (80% AMI)
Moderate Income (100% AMI)
Moderate Income (120% AMI)
Moderate Income (135% AMI)
Moderate Income (150% AMI)
Low Income (80% AMI)
Moderate Income (100% AMI)
Moderate Income (120% AMI)
Moderate Income (135% AMI)
Moderate Income (150% AMI)
10% Affordable 15% Affordable
DRAFT—FOR INTERNAL REVIEW ONLY
Page 23
Figure E-7a
Affordability Gap at Alternative Onsite Affordable Housing Requirements
on Single Family Attached Units (1,500 NSF/Unit)
Figure E-7b
Affordability Gap at Alternative Onsite Affordable Housing Requirements
on Smaller Single Family Attached Units (1,200 NSF/Unit)
$0 /NSF $50 /NSF $100 /NSF $150 /NSF $200 /NSF
Low Income (80% AMI)
Moderate Income (100% AMI)
Moderate Income (120% AMI)
Moderate Income (135% AMI)
Moderate Income (150% AMI)
Low Income (80% AMI)
Moderate Income (100% AMI)
Moderate Income (120% AMI)
Moderate Income (135% AMI)
Moderate Income (150% AMI)
10% Affordable 15% Affordable
$0 /NSF $50 /NSF $100 /NSF $150 /NSF $200 /NSF
Low Income (80% AMI)
Moderate Income (100% AMI)
Moderate Income (120% AMI)
Moderate Income (135% AMI)
Moderate Income (150% AMI)
Low Income (80% AMI)
Moderate Income (100% AMI)
Moderate Income (120% AMI)
Moderate Income (135% AMI)
Moderate Income (150% AMI)
10% Affordable 15% Affordable
DRAFT—FOR INTERNAL REVIEW ONLY
Page 24
F. Financial Feasibility of Onsite Affordable Housing Provision
The next step in the financial analysis is to understand how the inclusion of affordable housing units
within new market rate development will likely affect development feasibility of housing in Burlingame,
as one of the City’s key housing goals is to incentivize the onsite provision of affordable housing within
new development rather than through the payment of housing fees. Given the significant cost of providing
affordable units onsite, this section focuses on testing onsite requirements at 10% of total housing units.
Apartment prototypes are tested based on three potential onsite housing compliance scenarios:
• Scenario 1– 10% of units at 100% AMI
• Scenario 2– 10% at 110% AMI
• Scenario 3– 5% at 80% AMI and 5% at 110% AMI
Ownership prototypes are tested based on three alternative onsite housing compliance scenarios:
• Scenario 1– 10% at 110% AMI
• Scenario 2– 7% of units at 110% AMI and 3% at 135% AMI
• Scenario 3– 5% of units at 110% AMI and 5% at 135% AMI
1. Feasibility of Alternative Onsite Apartment Requirements
As Figure F-1a indicates, development feasibility is improved by allowing developers to provide units
onsite that are affordable to moderate income households and by requiring an onsite housing requirement
of 10% instead of 15% as additional rental income would be generated. However, only the highest density
scenario at 120 dua is feasible under any of the scenarios that are tested.
Figure F-1a
Apartment Development Feasibility Under Alternative Onsite Affordable Housing Requirements
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
50 dua 70 dua 120 dua 50 dua 70 dua 120 dua 50 dua 70 dua 120 dua
Feasibility
Gap
Developer
Margin/Return
Housing Fee
Other
Development
Costs
Scenario 1
(10% @100% AMI)
Scenario 2
(10% @110% AMI)
Scenario 3
(5% @80% AMI &
5% @110% AMI)
DRAFT—FOR INTERNAL REVIEW ONLY
Page 25
Figure F-1b shows development feasibility based on the most common return metric for apartments of
YOC (assumed at 5.25%). The feasibility analysis indicates that apartments developed at 120 du/acre are
financially feasible under all affordability scenarios, as shown in Figure E-7. However, apartment
developments at densities of 50 du/acre and 70 du/acre are not financially feasible under any of the
affordability scenarios based on the development cost assumptions assumed for this analysis.
Figure F-1b
Apartment Feasibility Based on YOC Under Alternative Onsite Affordable Housing Requirements
2. Feasibility of Alternative Onsite Ownership Requirements
Figures F-2 and F-3 similarly illustrate how development feasibility improves by allowing developers to
provide units onsite that are affordable to moderate income and above moderate income households at
135% AMI. As these figures illustrate, condominium developments will likely be feasible with a 10%
onsite affordable housing requirement that is focused on moderate income households with an option to
provide housing that is affordable to above moderate income households under a high development cost
scenario. In contrast, single family attached housing does have a feasibility gap under the three potential
onsite housing scenarios, but this gap would be significantly reduced if affordable housing units could be
provided at smaller unit sizes, such as 1,200 square feet as tested earlier.
0.04
0.045
0.05
0.055
0.06
50 dua 70 dua 120 dua 50 dua 70 dua 120 dua 50 dua 70 dua 120 dua
Scenario 1 (10% @100% AMI) Scenario 2 (10% @110% AMI)
Scenario 3 (5% @80% AMI & 5% @110% AMI) Target Return or Yield on Cost
DRAFT—FOR INTERNAL REVIEW ONLY
Page 26
Figure F-2
Condominium Feasibility Under Alternative Onsite Housing Requirements
Figure F-3
Single Family Attached Feasibility Under Alternative Onsite Housing Requirements
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
Scenario A
(10% @110% AMI)
Scenario B
(7% @110% AMI
& 3% @135% AMI)
Scenario C
(5% @110% AMI
& 5% @135% AMI)
Feasibility Gap
Developer
Margin/Return
Other
Development
Costs
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
Scenario A
(10% @110% AMI)
Scenario B
(7% @110% AMI
& 3% @135% AMI)
Scenario C
(5% @110% AMI
& 5% @135% AMI)
Feasibility Gap
Developer
Margin/Return
Other
Development
Costs
DRAFT—FOR INTERNAL REVIEW ONLY
Page 27
G. Conclusion
As development costs have increased over the past few years, developers are finding it increasingly
difficult to develop new housing in the City of Burlingame, and the City must carefully consider how best
to implement its affordable housing programs in order to continually encourage new residential
development to occur.
As rents and prices have continued to increase, the difference between the cost of housing and what many
households can afford to pay for housing has increased, leading to a widening “affordability gap” for new
housing. In order for new development to be financially feasible when including onsite affordable
housing units, the cost of providing new affordable housing must be able to be factored into the total costs
of developing housing while still leaving sufficient developer margin or return to allow development to
go forward. Given the complexities of finding qualified households and assuring continued affordability
of onsite affordable housing units, developers typically prefer to pay a housing fee rather than build
housing units onsite unless the cost of providing units onsite is less than paying the fee.
1. Key Findings from Apartment Analysis
• Apartment rents are not increasing as fast as construction costs, making it more difficult for
apartments to be financially feasible.
• Depending on total development costs associated with new apartments, rental units may not yield
sufficient returns to attract capital (creating a development feasibility gap).
• Higher density apartment developments are more financially feasible when land values can be
spread among a greater number of units, providing greater opportunities for developers to pay for
public requirements such as affordable housing.
• The financial analysis indicates that housing fees at higher fee levels (between $20–$25/SF)
should be focused on higher density rental developments of 100 dwelling units per acre or more.
• Onsite affordable housing requirements of 10% of total units focused on moderate income
households (between 80% and 120% AMI) are more financially feasible and best correlate to
housing fee levels between $15 and $25/SF.
2. Key Findings from Analysis of Condominium and Single Family Attached Units
• Housing prices have been increasing rapidly, and most buyers need significant cash or “trade-up”
value in homes to afford new units, making it much more difficult for first-time homebuyers to
purchase a new home.
• For-sale developments are more financially feasible than apartments given high price points, but
the housing affordability gap is much greater, particularly for large units.
• The financial analysis indicates that housing fees at $25/SF can be supported by new ownership
development in Burlingame.
• Allowing affordable housing units to be a smaller size, particularly for single family attached
units, enhances financial feasibility and thus encourages the provision of housing onsite.
• Onsite affordable housing requirements of 10% of total units focused on households between
110% and 135% AMI are financially feasible for ownership housing assuming reasonable
development costs.
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Page 28
3. Policy Considerations to Encourage Onsite Affordable Housing
Based on the financial analysis shown in this report, input from real estate professionals active in
San Mateo County and best practices from other cities, the City may want to consider the following
policies to encourage the provision of onsite affordable housing in Burlingame, as these policies will
enhance financial feasibility for new housing development:
• Develop a more predictable and streamlined process for land use approval and design review in
order to reduce the time and risk associated with infill development.
• Allow more housing units to be built, along with incentives and concessions similar to what is
allowed under State Density Bonus Law, when developers provide onsite affordable housing.
• Allow smaller sized units to be dedicated as affordable housing (especially for ownership,
single family attached units) so long as they meet the minimum size standards of the California
Tax Credit Allocation Committee and are not below a certain threshold requirement established
by the City (such as cannot be smaller than 70% to 75% of the average square footage for a
similar unit type).13
• While the bedroom mix of the affordable units should be proportionate to the bedroom mix of
market rate units, potentially allow a different unit mix if it furthers other City goals.
• Encourage the dispersion of affordable housing units throughout new development but allow
developments with higher heights to evenly distribute units throughout the first five floors
(or 60% of all floors), which will allow upper floors to be rented or sold at higher prices.
• Allow reductions in citywide parking standards for residential and retail (with respect to parking
stall size and parking ratios), especially near transit and public parking.
• Limit the total cost of City imposed permit, processing and development impact fees to levels that
are close to current levels and provide developers with certainty regarding how much these fees
will increase annually until building permits are pulled. (For example, link future increases in fee
amounts after initial development application to published inflationary indices.)
In conclusion, this analysis indicates that the City of Burlingame can achieve its housing goal to
encourage the onsite provision of housing to address the City’s affordable housing needs by carefully
crafting its housing fee program to incentivize the provision of housing onsite through the establishment
of varying fee levels for apartment and ownership housing, and by implementing some or all of the
housing policy options discussed above.
13 As of July 2018, the minimum unit sizes for the California Tax Credit Allocation Committee are: 450 square feet for a one-
bedroom, 700 square feet for a two-bedroom and 900 square feet for a three-bedroom unit, although access requirements for
persons with disabilities may lead to slightly larger unit size requirements.
SAMCAR
SAN MATEO COUNTY
ASSOCIATION of
REALTORS'
June 27,2Ot8
City Council of Burlingame
501 Primrose Road
Burlingame, CA 94010
Subject: Creation of Affordable Housing in Burlingame
Dear Mayor and City Councilmembers,
The San Mateo County Association of REALTORS@ (SAMCAR), wishes to share with you the
following perspectives on the housing shortage in San Mateo County and the City of
Burlingame, and the means by which we support addressing the shortage of housing.
First, we appreciate that the City Council supports creating additional housing units of all
varieties in the City of Burlingame. Ultimately, we believe that high home prices are
fundamentally a problem of under-supply. lncreased supply will help moderate rent and sales
price increases and cause them to decline over time.
Second, we appreciate that the Council has not proceeded down a path of having government
control home sale prices or rents, which we believe is ill-advised and cou nter-prod uctive policy.
Paradoxically measures of this type have proven to increase the price of housing. lt also would
violate the clear intent of Measure T, a measure passed in 1988 by Burlingame voters
prohibiting rent control and reiterated by the clear rejection of Measure R in the 2016 General
Election.
SAMCAR continues to seek unanimous agreement with Burlingame City Council regarding
housing policy as we did with Measure T in 1988 and Measure R in 2016. We welcome the
opportunity to work with the Council to develop policles to help solve our housing shortage.
The creation of affordable housing units in new construction is allowable under Measure T.
Measure T does not preclude the City Councilfrom enacting housing impact fees, nor dbes
Measure T prohibit the City from enacting regulations that require new developments to
contain a certain number of affordable units in lieu of paying such fees on new construction
lnclusionary zoning requirements clearly increase the cost of new housing. we recommend the
following approaches to mitigate the negative effect of inclusionary zoning on much needed
new housing.
85o Woodside Way . 5an Mateo, California 94401 . (650) 696-8200 , fax (650) 342-7iog . www.samcar.org
1)Density Bonus Zoning: in effect, increasing "units" density for subject properties in the
same percentage as the affordable housing percentage. (example: 15% affordable
housing requirement = automatic 15% increase in allowable units density)
Re-Zoning Commercial, School or Public Property to high density Residentlal Usage
Designated certain re-zoned properties as designated affordable housing sites.
lncreasing Zoning Densities Overall, especially for multiple housing zoned parcels.
lncreasing building height limits to allow increased density necessary for affordable
housing.
Encourage smaller units, with more units per project.
Encouraging and advocating for Accessory Dwelling Units (ADUs).
Encourage and advocate adding ADU units to commercial properties.
Further, SAMCAR does not believe Measure T infringes on the ability of the City to regulate
short-term housing units (Airbnb, VRBO etc.), as they appear to be commercial business
ventures.
Sincerely,
Gina Zari
Government Affairs Director
San Mateo County Association of REALTORS@
CC: Lisa Goldman, City Manager
2
3
4
5
6
7
8
We wish it to be known that SAMCAR does not intend to block or litigate such policies as
enumerated h erein.
ln sum, we support the City Council's efforts to increase housing stock in Burlingame, and we
support the Council acting in the best interests of our City and our community to ensure that
Burlingame remains a vibrant, safe, and economically diverse community. We believe that
Measure T and common sense affordable housing policies, with development incentives to
spread the cost over increased density, can co-exist and indeed are mutually supportive.
Residential Applications Overview
March 2019
Approved Projects
The following projects have received approval and are in various stages of construction:
Address Units
BMR
Units
Status
Notes Information Page Planning
Approval
Building
Permit
Submitted
Building
Permit
Issued
Under
Construction
1008-1028 Carolan Avenue
(SummerHill) 290 29 Includes 29 Moderate Income units (120%
AMI) for 25 years www.burlingame.org/summerhill
1491-93 Oak Grove Avenue 10 www.burlingame.org/1491-93oakgrove
1509 El Camino Real 11 1 Includes 1 Moderate Income unit (120% AMI)
for 10 years www.burlingame.org/1509elcaminoreal
1128-32 Douglas Avenue 27 2 Includes 2 Moderate Income units (110%
AMI) for 25 years www.burlingame.org/1128-32douglas
920 Bayswater Avenue 128 13 Includes 13 Moderate Income units (120%
AMI) for 30 years www.burlingame.org/920bayswater
1431 El Camino Real 6 www.burlingame.org/1431elcaminoreal
21 Park Road 7 www.burlingame.org/21park
1433 Floribunda Avenue 8 www.burlingame.org/1433floribunda
619-625 California Drive
Live/Work 26 www.burlingame.org/619-25california
The Village at Burlingame
(Lot F Affordable Housing) 132 132
Workforce: 6 units 50% AMI, 60 units at 60%
AMI, 12 units at 110% AMI.
Senior: 6 units @ 50% AMI, 48 units at 60%
AMI.
www.burlingame.org/villageatburlingame
TOTAL 645 177
RESIDENTIAL APPLICATIONS OVERVIEW – MARCH 2019 | 2
Proposed Projects
The following projects have applications that have been submitted for review, but have not yet been acted on by the Planning Commission:
Address Units
BMR
Units
Status
Notes Information Page Plans
Under
Review
PC Study
Session CEQA PC
Action
City
Council
556 El Camino Real 21 1/25/16
2/24/14 7/24/17
5/29/18 www.burlingame.org/556elcaminoreal
1214 Donnelly Avenue 14 10/9/18 www.burlingame.org/1214donnelly
220 Park Road
(former post office) 128 13 Mixed use with 128 residential units,
18,000 sq ft ground floor commercial www.burlingame.org/220park
1457 El Camino Real 9 2/11/19
123-125 Primrose Road 14
1095 Rollins Road 150 15 1/28/19
128 Lorton Avenue 19 tbd Density Bonus application. Affordability
component to be determined.
509-511 California Drive 24
1 Adrian Court 265 38 Includes 38 Low Income units (80% AMI) for
55 years
1346 El Camino Real 4
TOTAL 648 66
Key to Application Status:
Plans Under Review – Application has been submitted and plans are being reviewed by staff. Planning Commission study session will be scheduled onc e plan check comments have been addressed.
PC Study Session – Planning Commission study session to review proposed design and identify environmental issues to be studied. No action (appro val) in this meeting.
CEQA – Environmental review in compliance with California Environmental Quality Act (CEQA).
PC Action – Planning Commission public hearing to consider action (approval) of the application.
City Council – City Council hearing if application includes a General Plan/Zoning Amendment, if the Planning Commission decision is appealed , or if the application is called up by a councilmember.
RESIDENTIAL APPLICATIONS OVERVIEW – MARCH 2019 | 3
Preliminary Projects
The following projects have been variously presented to the public in conceptual form, but either have not been formally submitted for review, or in the instance of the Peninsula Wellness
Community is a master plan with development projects to be submitted at later dates. Estimated unit counts should be considered very tentative and subject to change if and when a
development application is submitted.
Address Estimated Units Status Information Page
Peninsula Wellness Community
Master Plan up to 400 On hold while applicant revises planning and
development program. www.burlingame.org/masterplan
TOTAL up to 400
1
STAFF REPORT
AGENDA NO: 9b
MEETING DATE: March 18, 2019
To: Honorable Mayor and City Council
Date: March 18, 2019
From: Kathleen Kane, City Attorney – (650) 558-7204
Subject: Introduction of an Ordinance Amending Municipal Code Section 10.55.030
Regarding Promulgation of Park Rules
RECOMMENDATION
Staff recommends that the City Council consider the introduction of an ordinance amending Section
10.55.030 of the Burlingame Municipal Code to streamline the process for promulgating rules and
regulations in City parks. In order to do so, the Council should:
A. Receive the staff report and ask any questions of staff.
B. Request that the City Clerk read the title of the proposed ordinance.
C. By motion, waive further reading and introduce the ordinance.
D. Conduct a public hearing.
E. Following the public hearing, discuss the ordinance and determine whether to bring it back
for second reading and adoption. If the Council is in favor of the ordinance, direct the City
Clerk to publish a summary of the ordinance at least five days before its proposed adoption.
BACKGROUND
Chapter 10.55 of the Municipal Code governs conduct and rule enforcement in City parks. In
particular, Sections 10.55.010-10.55.028 set forth a series of rules regarding appropriate park use.
Existing Section 10.55.030 allows the Parks and Recreation Commission to propose rules for
Council review. The existing section sets forth a number of types of possible rules, although the
section also states that the list is not exclusive.
DISCUSSION
The proposed ordinance presented to Council with this report is designed to streamline the rule-
making process. The existing procedure involves hearings at the Commission and Council.
Scheduling and noticing both meetings can take two or more months, while conditions in City parks
can change quickly. For example, if a park area adjacent to the small child play structure is being
used increasingly by skateboarders or drone pilots, the process for issuing a new, local rule
requiring a setback from the play structure could take a few months to complete. Rules on that
scale are not necessarily important for Council to consider, relative to the policy issues on the
Council’s agenda, though they are important to implement on the ground for the safety and well-
being of park users.
Parks Rules Ordinance March 18, 2019
2
The proposed ordinance empowers the Director of Parks and Recreation to propose rules for the
Parks and Recreation Commission to review and adopt. Council is given notice of that review in
advance, so that there is time to read the staff report at the Commission level and listen to the item
if it would be useful to do so. Council members then have the opportunity to call up any action by
the Commission for review. Similarly, the Director has the opportunity to seek Council review if the
Commission either refuses to approve a proposed rule or modifies it in such a way that its
usefulness has been eroded. The list of rules that may be issued has been deleted from the original
ordinance as well. It was intended to be illustrative rather than exclusive. However, in context, it
could create some confusion as to the appropriate scope of the rule making process. The proposed
ordinance, instead, states that any rule issued under the new provisions must be consistent with
existing rules already embodied in Chapter 10.55.
FISCAL IMPACT
There is no impact on the City General Fund.
Exhibit:
• Proposed Ordinance
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF BURLINGAME
AMENDING SECTION 10.55.030 OF THE MUNICIPAL CODE REGARDING THE
PROMULGATION OF RULES AND REGULATIONS FOR CITY PARKS
WHEREAS, Sections 10.55.010-10.55.028 of the Burlingame Municipal Code
contain numerous rules and regulations affecting conduct in City Parks; and
WHEREAS, Section 10.55.030 provides that additional rules and regulations may
be proposed by the Parks and Recreation Commission for approval by Council; and
WHEREAS, usage patterns and new issues can arise quickly in the City Parks;
and
WHEREAS, the existing procedure for promulgating new rules requires significant
time and process, which can be inconsistent with the changing needs of the parks; and
WHEREAS, the procedure can be streamlined without losing important oversight
by elected and appointed officials; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
ORDAIN AS FOLLOWS:
DIVISION 1:
Section 1: Burlingame Municipal Code Section 10.55.030 is amended as follows:
Existing Section 10.55.030 is deleted and replaced with the following:
“10.55.030 Additional Rules and Regulations.
In addition to the general rules and regulations contained in this chapter, the director of
parks and recreation may propose and submit to the parks and recreation commission for
approval, rules and regulations governing the administration, operation, use and
maintenance of each park and recreational area, provided that such rules and regulations
are consistent with the provisions of this chapter. The approval of such rules and
regulations shall be acted on at a duly noticed public meeting of the commission, and
council shall be provided notice by the director of parks and recreation of the upcoming
commission agenda item. If the commission declines to approve or modifies proposed
rules or regulations, the director of parks and recreation may seek review by the council
by notifying the city clerk in writing within ten calendar days of the commission’s action.
Additionally, any member of the city council who wishes to do so may call up the
commission’s action for review by notifying the city clerk in writing within ten calendar days
of the commission’s action. If no such review has been initiated, the rules and regulations
as approved by the commission shall go into effect on the eleventh day following the
commission’s action.”
DIVISION 2:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance. The Council declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 3:
This Ordinance shall be published in a newspaper of general circulation in accordance
with California Government Code Section 36933, published, and circulated in the City of
Burlingame, and shall be in full force and effect thirty (30) days after its final passage.
_________________________________
Donna Colson, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a public hearing at a regular meeting of the City
Council held on the 18th day of March, 2019, and adopted thereafter at a regular meeting
of the City Council held on the ______ day of ___________ 2019, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
__________________________________
Meaghan Hassel-Shearer, City Clerk
1
STAFF REPORT
AGENDA NO: 10a
MEETING DATE: March 18, 2019
To: Honorable Mayor and City Council
Date: March 18, 2019
From: Ana Maria Silva, Executive Assistant – (650) 558-7204
Subject: Consideration of Appointment to the Planning Commission
RECOMMENDATION
Staff recommends that the City Council make appointment to fill one impending vacancy on the
Planning Commission or take other action.
BACKGROUND
The vacancy is due to the expiring term of Commissioner Michael Gaul. The vacancy was
publicized, and notification letters were sent to past Commission applicants. Two applications were
received as of the deadline of March 1, 2019. The following two applicants were interviewed by
Council on March 12, 2019: Michael Gaul and Steve Pariani.
The appointee terms will be for four years, ending on April 7, 2023.
1
Memorandum
AGENDA NO: 11a
MEETING DATE: March 18, 2019
To: City Council
Date: March 18, 2019
From: Mayor Donna Colson
Subject: Committee Report
Monday, March 4, 2019
• Meeting with Alexandra Carter from Congresswoman Jackie Speier’s office.
• Provided review and update of the business goals for Burlingame
• Update on our housing work including General Plan, Linkage Fee Implementation Plan,
Home Sharing, and update on the new construction and permitting.
Tuesday, March 5, 2019
• Community Center Meeting reviewing exterior materials and landscaping.
Wednesday, March 6, 2019
• Meeting County Treasurer - Sandie Arnott
Thursday, March 7, 2019
• Arbor Day in Washington Park - Tree planting
• Opening remarks and closing at the Speak and Lead with Pride youth speech contest for
high school students on the Peninsula
Friday, March 8, 2019
• Meeting on Retail Summit - Now called Burlingame Talks Shop
• Identified panelists and now coordinating asks...panel will be set up
Monday March 11, 2019
PCE Executive Committee Meeting
Reach Codes
• Tuesday, March 19 - Reach Codes Building Electrification and EV Infrastructure for San
Mateo and Santa Clara Counties = 11:30 - 2:00 PM
• Targeting January 2020 for Codes to Take Effect
• By end of the month each municipality can apply for a $10,000 grant from PCE - one
pager, Council passes a resolution (PCE will give the language to us) or City Manager
Colson Committee Report March 18, 2019
2
agrees and they can apply for the one grant. Do not have adopted the reach codes to get the
grant.
Merced Meeting
• Meet with Chamber of Commerce and Merced Supervisor who will champion the work to
develop a new CCA for their area.
• Heading down on March 21 for another trip in Los Banos and working with a few local
political leaders
Legislative Ad-Hoc
• Going through the bills with those that are interested
• CALCCA - April 2 and April 3 going to talk to different offices in Sacramento to explain
CCA and programatic benefits.
Data Management -
• Looking at load management
• Direct Access - PUC has opened up to bring in 4,000 GWH to bring in more direct access
and we are discussing with our large customers to make sure we are competitive.
Moody’s Rating Agency
• We are continuing to work on this rating
Issued Marketing RFP
• Received proposals and will develop a marketing ad hoc committee
Staffing
• Currently 3 positions open and on the website. Currently, 18 going to 21 with an office
capacity of about 27.
Potential Changes to JPA Agreement - to appoint citizens as Alternate Board Members
• Revised to consider two ex-officio board members who would be non-voting
Multi-Unit Dwelling (MUD) Lower Power Pilot Project - 50% of the residents live in MUD and
how do we work to get EV charging into these facilities. 90% of these apartments in San Mateo
are 50 years or older. Very expensive to EV Level 2 charger - $30K to bring in one charging
station. Marketing and incentives to people live in SFD = Ride and Drive - charge at home.
• December $16 million approval PCE to do EV charging - 50% need access to power in the
county to charge vehicles. Goal is 3,600 charging stations.
• Apartments are so old they have no power to add in the Level 1 and Level 2 chargers. They
can do an extension cord type model Level 1 that will charge 3-4 miles per hour.
1
Memorandum
AGENDA NO: 11b
MEETING DATE: March 18, 2019
To: City Council
Date: March 18, 2019
From: Vice Mayor Emily Beach
Subject: Committee Report
Thursday, 2/28/19 CalMod Local Policy Maker’s Group; and visit to Lincoln Elementary
School Student Council
• Received Caltrain Business Plan update – no significant progress or new info to report
• Update from California High Speed Rail Authority
o HSR is on track and proceeding with Environmental process. Targeting draft EIR
completion by December 2019 and FINAL EIR approved for San Jose to SF
section by November 2020.
o Unfortunately, key community workshops and outreach on the Peninsula regarding
locations for passing tracks and future Peninsula HSR maintenance facility will
take place this coming July/August 2019. LPMG members pushed back on this
due to many people on vacation in the summer months, but HSR needs to keep the
process moving for an important Board action in September in order to comply
with grants. Passing tracks planned at Millbrae Transit Hub and extend partially
over North Burlingame boarder along California Drive until they can quickly
merge back into 2-track blended system through Burlingame.
o Despite Governor Newsom’s January remarks, they believe the Governor has
clarified his support for the HSR project and intention to ensure HSR federal grants
are in compliance.
Friday, 3/1/19 SMCTA/C/CAG Managed Lane Ad Hoc Subcommittee
• Subcommittee approved JPA structure, and has recommended:
o approval of JPA draft
o shared/equal governance between C/CAG and SMCTA with a JPA (3 C/CAG
members, 3 TA members.) JPA will have authority to set toll policy and deploy
revenues.
o Shared/equal executive authority
o Explore hiring staff member employed by JPA to “quarterback” the project
(perhaps technical expert, TBD.)
o Further discussions about where other staff functions will reside: whether staff will
be outsourced to various C/CAG member cities (C/CAG model) or streamlined
through SMCTA staff (paid for by JPA) for oversight of construction project.
o Ad hoc committee intends to come up with joint recommendation at 3/22 meeting
following March board meetings.
Beach Committee Report March 18, 2019
2
Monday, 3/4/19 City Council Meeting
Wednesday, 3/6/19 Constituent / Stakeholder Meetings, topics included:
• Burlingame Avenue downtown vibrancy; possible zoning amendments to respond to
current market conditions during zoning update
• El Camino Real Task Force recommendations
Thursday, 3/7/19 Arbor Day, US 101 Managed Lane SMCTA Meeting, SMCTA Monthly
Meeting
• Mayor Colson, Director Glomstad, Commissioner Kirchner and Jennifer Pfaff did a great
job with their Arbor Day remarks!
• SMCTA highlights included discussion of ad hoc committee, and support to streamline
operational staff functions for consistent technical and fiduciary oversight from SMCTA.
SMCTA may front as much as $88 million to make this project possible.
• Received presentation about extensive public outreach campaign that will begin this spring
as SMCTA embarks on it’s 5-year strategic plan in conjunction with Measure W strategic
implementation plan.
Friday, 3/8/19, US 101 Managed Lane Groundbreaking Ceremony & El Camino Real Task
Force Ad Hoc Subcommittee Meeting
• Terrific remarks by Sen. Hill, Sen. Beall, Assemblymember Mullin, SMCTA and C/CAG
Chairs, SAMCEDA.
• ECR TF met to discuss upcoming meeting at Caltrans Headquarters on 3/19.
Monday, 3/11/19 League of California Cities Peninsula Division Planning Meeting for 3/20
Quarterly Event
• Met with planning committee for 3/20 League Peninsula Division quarterly luncheon (I’m
chairing the event)
• Format will include presentation from League staff housing expert Jason Rhine, followed
by small-group (8-person) breakout tables to discuss key elements of housing legislation,
impact on cities, and where compromises might be found.
• Excited to report that staff members from offices of Sen. Hill, Sen. Weiner, Sen. Beall,
Assem. Mullin, Assem. Berman, Assem. Low have registered to attend and listen to this
discussion.
Tuesday, 3/12/19, Meetings with Coast Side stakeholders; Planning Commission Interviews
• Met with Councilmember/stakeholders from Half Moon Bay & Pacifica to discuss
transportation needs for these communities related to SMCTA; took extensive tour of
Pacifica to understand geography of housing and transit challenges.
Wednesday, 3/13/19, Economic Development Subcommittee Meeting, Constituent Meeting,
and Council Budget Session
• Economic Development Committee Meeting, discussed:
o upcoming Shop Local campaign following 4/17 retail summit with committee and
BID stakeholders/leaders from Broadway and Downtown BIDs and Chamber of
Commerce President/CEO.
o retailer challenges in our community. Encouraged participation at upcoming
community meeting.
Beach Committee Report March 18, 2019
3
o possibility of enforcement mechanisms for vacant window
standards/recommendations ED Subcommittee implemented last year.
• Constituent Meeting
o Focused on changing nature of retail; possible zoning changes in commercial
districts