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HomeMy WebLinkAbout2025-10-09; Housing Commission; 01; Additional Funding Request of $500,000 from the Housing Trust Fund for West Oaks Apartments Meeting Date: Oct. 9, 2025 To: Housing Commission From: Christian Gutierrez, Housing Services Manager Staff Contact: Nicole Piano-Jones, Senior Program Manager nicole.pianojones@carlsbadca.gov, 442-339-2191 Subject: Additional Funding Request of $500,000 from the Housing Trust Fund for West Oaks Apartments District: 2 Recommended Action Adopt a resolution recommending that the City Council approve an additional loan request of $500,000 from the Housing Trust Fund to Chelsea Investment Corporation for construction of the West Oaks affordable apartments. Executive Summary In 2021, the West Oaks project received approval from the Planning Commission which includes 192 apartment units on the south side of Palomar Airport Road and west of Palomar Oaks Way. Forty-two of the units are to be affordable to lower-income households. Chelsea Investment Corporation (CIC) has partnered with Integral Communities to build the affordable housing portion of the West Oaks residential project. On Dec. 7, 2021, the City Council approved Resolution No. 2021-267 approving a $1.5 million loan to Chelsea from the city’s Housing Trust Fund (HTF). The project experienced delays related to sewer connection outside of the developer’s control and a loan extension was requested in 2023. On Nov. 7, 2023, the City Council approved Resolution No. 2023-272, approving a two-year extension of the $1.5 million HTF loan to CIC. Since the initial loan request was made in 2021, the total estimated project cost has increased approximately four million dollars. Because of increased costs CIC is requesting an additional $500,000 from the city’s Housing Trust Fund for a total of $2,000,000. Explanation & Analysis Project Background The West Oaks project was approved by the Planning Commission on Jan. 20, 2021, receiving a General Plan Amendment and Zone Change to the R-30 Residential designation and approval Oct. 9, 2025 Item #1 Page 1 of 13 for excess dwelling units in accordance with City Council Policy No. 43 to provide 192 apartments, with 42 affordable to lower-income households. CIC partnered with project developer, Integral Communities, to construct the affordable housing portion of the West Oaks project. To provide additional public benefit to the Carlsbad community and to secure tax- exempt bond and tax credit equity financing, the project will provide three additional affordable units and deepen the project’s affordability by providing more housing units to extremely low and very low-income households. To help achieve these goals, CIC received a loan commitment of $1.5 million from the city’s Housing Trust Fund on Dec. 7, 2021. However, the project was delayed because of challenges associated with the project’s sewer connection. As a result, on Nov. 7, 2023, the City Council approved a two-year loan extension. The developer and the city spent the last few years identifying a solution for the project to receive sewer service to the site. The project can now move forward, and the developer has submitted construction drawings for review. Project Cost Increase The economic environment has changed since the city awarded a $1,500,000 loan in December 2021. Changes include but are not limited to increased construction costs, increased interest rates and increased insurance costs. The most significant line-item changes to the project budget are: construction costs have increased by about 14%, infrastructure improvements by 39%, and financing costs by 94%. Along with other cost increases, the total development cost increased by almost $4 million, or approximately 25%. As a result of increased costs and rising interest rates, the project’s financing details have significantly changed over the last year. The value of the land being contributed by Integral Communities and the cost of the infrastructure and site work being completed by Integral Communities benefiting the affordable site have increased. The land is a donation, and a portion of the infrastructure improvements are repaid through project proceeds starting in approximately year 10. While some other financing sources have increased, the developer has requested an additional $500,000 to assist with the financing. Oct. 9, 2025 Item #1 Page 2 of 13 Below is a summary of the change in the proposed sources and uses of funds: SOURCES OF FUNDS 2021 TOTAL 2025 TOTAL CHANGE Senior loan $5,977,000 $7,520,000 $1,543,000 Soft loan-interest 74,459 263,475 189,016 Tax credit equity 7,052,873 8,877,540 1,824,667 Deferred developer fee 599,307 1,032,114 432,807 Housing Trust Fund loan 1,500,000 2,000,000 500,000 Integral Communities Loan (master developer) 1,654,626 1,125,000 (529,626) TOTAL SOURCES $16,858,265 $20,818,129 $3,959,864 PERMANENT USES OF FUNDS 2021 TOTAL 2025 TOTAL CHANGE Construction $9,650,149 $11,025,000 $1,374,851 Infrastructure, Offsite Costs 1,956,085 2,714,724 758,639 Impact and Permit Fees 1,039,000 1,146,600 107,600 Financing costs 895,970 1,736,394 840,424 Other transaction costs 598,654 1,000,905 402,251 Architecture and engineering 619,100 634,700 15,600 Developer fee 2,099,307 2,559,805 460,498 TOTAL USES $16,858,265 $20,818,128 $3,959,863 The project went through a review of City Council Policy No. 90 guidelines in 2021, which were presented to the Housing Commission and City Council. The project remains the same and the increase in HTF request is proportionate to the increase in project costs. If the request to increase the Housing Trust Fund loan by $500,000 is approved, the City Council will have assigned the total recommended loan amount of $2,000,000 from the city’s Housing Trust Fund, which is restricted to affordable housing and homelessness-related projects, programs and services. The Housing Trust Fund had an available balance of $11.5 million as of June 2025. The loan will be a 55-year residual receipts loan at 3% simple interest per year. The loan would be secured by a promissory note and deed of trust and repaid in annual installments from surplus cash generated by operations. Fiscal Analysis The recommended $2,000,000 loan would be drawn from the city’s Housing Trust Fund which is restricted to affordable housing and homelessness-related projects, programs and services. Through the end of June 2025, the Housing Trust Fund has an available balance of $11.5 million. Next Steps The Housing Commission recommendation and staff analysis of the financial assistance request will be forwarded to the City Council for their consideration. If the request is approved by the City Council, staff will prepare and execute all appropriate documents necessary to provide the loan. Environmental Evaluation The proposed action to provide financial assistance to this project is not a “project” as defined by CEQA Section 21065 and CEQA Guidelines 15378(b)(4) and does not require environmental Oct. 9, 2025 Item #1 Page 3 of 13 review under CEQA Guidelines Section 15060(c)(3) because the creation of funding mechanisms is a government fiscal activity which may not result in a potentially significant impact on the environment. The activities or projects for which this funding is intended have already been reviewed in accordance with CEQA and CEQA Guidelines and the Planning Commission certified an environmental impact report and adopted findings of fact and mitigation monitoring and reporting program on Jan. 20, 2021. The proposed action will not foreclose review of alternatives or mitigation measures by the public as part of the environmental review process. Exhibits 1. Housing Commission Resolution 2. Location Map 3. City Council Policy No. 90 Oct. 9, 2025 Item #1 Page 4 of 13 Oct. 9, 2025 Item #1 Page 5 of 13 Oct. 9, 2025 Item #1 Page 6 of 13 Oct. 9, 2025 Item #1 Page 7 of 13 Exhibit 2 WEST OAKS LOCATION MAP Oct. 9, 2025 Item #1 Page 8 of 13 90 {cityof Carlsbad Policy No. Date Issued: Effective Date: Resolution No. Cancellation Date: 12-08-2020 12-08-2020 2020-233 Council Policy Statement Category: AFFORDABLE HOUSING Specific Subject: Administration of the Housing Trust Fund PURPOSE: Supersedes No. N/A Pursuant to Carlsbad Municipal Code (CMC} Sections 21.85.llO(D) and 21.85.120, all fees collected under the lnclusionary Housing Ordinance shall be deposited into a Housing Trust Fund and expended for the affordable housing needs of lower-income households, consistent with the General Plan Housing Element and the CMC. 21.85.110 In-lieu fees. (D) All in-lieu fees collected hereunder shall be deposited in a housing trust fund. Said fund shall be administered by the city and shall be used only for the purpose of providing funding assistance for the provision of affordable housing and reasonable costs of administration consistent with the policies and programs contained in the housing element of the general plan. 21.85.120 Collection of fees. All fees collected under this chapter shall be deposited into a housing trust fund and shall be expended only for the affordable housing needs of lower-income households, and reasonable costs of administration consistent with the purpose of this chapter. Funding from the fund, which should be leveraged to the extent feasible with state, federal and private sector subsidy capital, is intended to aid in the production, acquisition, rehabilitation and preservation of housing affordable to extremely low-, very low-and low-income households, and those experiencing homelessness. BACKGROUND: The city's lnclusionary Housing Ordinance was established in April 1993 and requires that all residential developments greater than six units restrict 15 percent of the total number of homes in a project as affordable to lower income households. This obligation is fulfilled through construction of a variety of rental or ownership units, both on-and off-site. Some developments have the option to satisfy a portion or all of their affordable housing obligation through payment of inclusionary housing in-lieu fees or by purchasing affordable housing credits, when available. For the city to receive and use these fee payments, an implementation mechanism was needed to ensure that the funds collected were applied appropriately. As a result, the Housing Trust Fund was established to confirm that fees collected were applied only towards the affordable housing needs of lower income households, and for reasonable costs of administration consistent with the purposes of the General Plan Housing Element and lnclusionary Housing Ordinance (Carlsbad Municipal Code Sections 21.85.110 and 21.85.120). The Housing Trust Fund receives revenue from other sources, including interest from loans, housing credit purchases, housing impact fees, and interest earned on the fund balance. Page 1 of 5 Exhibit 3 Oct. 9, 2025 Item #1 Page 9 of 13 Policy No. 90 Over the past 20-years, the Housing Trust Fund has been used to support a variety of affordable housing development and services for lower income and homeless individuals and families. As a local fund, the City Council determines how Housing Trust Fund money can be spent, provided expenditures are consistent with the purposes of the lnclusionary Housing Ordinance and the policies and programs in the General Plan Housing Element. POLICY: It is the policy of the City Council that the Housing Trust Fund shall be administered as follows. It is the expectation of the City Council that contractors and vendors who receive monies from the HTF shall also comply with these policies, as appropriate. 1.Use of the Funds a."Affordable housing" as used in this policy shall have the same meaning as in CMC Section 21.85.020(A). b.Housing Trust Fund dollars may be used for new construction, acquisition and/or rehabilitation, subsidy or other means to assist other governmental agencies, nonprofit groups and private organizations or individuals in creating or maintaining affordable housing. c.For new construction and acquisition/rehabilitation projects, Housing Trust Fund dollars are intended to offer "gap" financing. The subsidy required should be the minimum amount necessary to both ensure the feasibility of a project and the affordability of the units. Projects are expected to support as much debt as feasible and to attract as much equity investment as is typical for similar projects. d.Low-interest loans are the generally preferred form for distributing housing trust fund dollars for work in all stages of housing development. However, grants may also be considered. e.Housing Trust Fund dollars may be used to provide new affordable rental or ownership housing units. f.Housing Trust Fund dollars shall not be used to satisfy a development's inclusionary housing requirement but may be used to assist in exceeding the requirement by increasing the number of affordable units and/or expanding affordability to very low-or extremely low-income households, or to encourage a preferable product type. g.Financial assistance requests will be evaluated by the Affordable Housing Policy Team and presented to the Housing Commission for review and recommendation to the City Council. The City Council is the final decision-maker for financial assistance requests. h.Housing Trust Fund dollars may be used to cover reasonable administrative costs1 that are necessary to administer the fund. The level of administrative expenses will be determined by the City Council as part of the annual budget. However, administrative expenses shall not exceed 5% of the available housing trust fund balance as of the end of the prior fiscal year. 1 Administrative costs include, but not limited to personnel expenses and maintenance and operational (M&O) expenses that are specifically related to the administration of the HTF. Funds may also be used to supplement administrative and operational support for other housing programs such as Section 8 and CDBG. Housing Trust Fund dollars shall not be used for the following M&O costs: travel and training. Page 2 of 5 Oct. 9, 2025 Item #1 Page 10 of 13 Policy No. 90 i.The annual budget process for the housing trust fund shall be guided by General Plan Housing Element policies and programs, the lnclusionary Housing Ordinance, and the following general affordable housing priorities, in descending order: 1.Construction of new affordable housing 2.Preservation of housing at-risk of conversion to market rate 3.Acquisition/rehabilitation of distressed/at-risk affordable housing 4.Rental assistance and homelessness programs2 5.Land acquisition for future affordable units 6.Conversion of market rate units to affordable housing j.City HTF dollars must be expended within 24-months following fund commitment. 2.Housing Trust Fund Annual Report a.Staff shall provide a Housing Trust Fund Annual Report to the City Council. The report shall include the following: 1.Summary of the use of the funds consistent with this policy 2.Summary of the projects assisted with Housing Trust Fund dollars over the past year 3.Financial status of the Housing Trust Fund 4.A summary of administrative and non-project expenses made in the prior year 5.Review of prior year funding priorities and accomplishments 6.Summary of pending assistance requests and confirmation of upcoming year funding priorities 7.Summary of denied assistance requests, if any, and brief statement of reasons for the denial b.The Housing Trust Fund Annual Report shall be reviewed by the Affordable Housing Policy Team and the Housing Commission. The Housing Commission shall make a recommendation to the City Council. 3.Affordable Housing Project Evaluation a.In addition to the review requirements and evaluation criteria specified under CMC Sections 21.85.130, and 21.85.140 and City Council Policy 57 -Off-site and Combined lnclusionary Housing Projects, projects that provide the following will be given additional consideration when ranked against other projects. 1.Projects that provide the greatest benefit per dollar of funds spent towards the lowest household income groups. Priority shall be given to projects that best assist the following income categories, reflected in priority order. •Extremely low-income households •Very low-income households •Low-income households •Moderate-income households 2 "Rental assistance and homelessness programs" include, but not limited to programs and services that provide short-term rental assistance, short-term shelters, food delivery, and social services to vulnerable populations. Page 3 of 5 Oct. 9, 2025 Item #1 Page 11 of 13 2.Projects that demonstrate higher equity in the project. 3.Projects that demonstrate a lower loan-to-value ratio. 4.Projects that have other funding sources identified and committed. Policy No. 90 5.Projects that benefit the highest percentage of lower income families, provide the lowest affordability, include the greater percentage of affordable units or maintain longer periods of affordability. 6.Projects that use Housing Trust Fund dollars as a match or to leverage other conventual and below-market resources, including tax credits, state and federal funding programs and other funding sources. 7.Projects proposed by an applicant with a successful history of project development and/or property management, as appropriate. 4.Affordability Covenant and Form of Financial Assistance a.Whenever Housing Trust Fund dollars are used for the creation, acquisition, and/or rehabilitation of affordable housing, the city shall impose enforceable requirements on the owner of the housing units that the units remain affordable for a period of not less than 55 years for rental units, or 30 years for ownership units, in accordance with CMC Chapter 21.85. 1.When Housing Trust Fund dollars are used to create affordable rental housing, long­ term affordability shall be enforced by restricting rents that may be charged to tenants. 2.When Housing Trust Fund dollars are used to create affordable ownership housing, long-term affordability shall be enforced by imposing resale restrictions that maintain an equitable balance between the interests of the owner-occupant and the city. 3.When Housing Trust Fund dollars are used to fund programs which are not described above, the city shall develop appropriate mechanisms to ensure ongoing affordability. b.The affordability restriction requirements described in this section shall be enforced by a covenant running with the land. c.The financial assistance structure may take several forms and is tailored to the financial needs of the individual projects and is negotiated on an individual basis depending upon project cash flow and the senior lender's underwriting guidelines. Example forms of assistance may include: fixed interest rate loans, interest-only, deferred payment and/or residual receipts loans, land acquisition and ground lease-back. 5.Administration a.The annual Housing Trust Fund budget shall be administered by the Community Development Director or designee, who shall have the authority to govern the fund consistent with housing element policies and programs, CMC Chapter 21.85, and this policy. b.Housing Trust Fund dollars are held in a separate account until disbursed consistent with this policy. Page 4 of 5 Oct. 9, 2025 Item #1 Page 12 of 13 Policy No. 90 c.The Community Development Director, in coordination with the Finance Director, shall ensure that Housing Trust Fund dollars are awarded, encumbered or otherwise obligated for uses consistent with General Plan Housing Element policies and programs, CMC Chapter 21.85, and this policy, and in a manner consistent with the city's financial policies and ordinances. 6.Related Policies a.City Council Policy No. 57 -Off-site and Combined lnclusionary Housing Projects b.City Council Policy No. 73 -City Option to Purchase Resale Affordable Housing Page 5 of 5 Oct. 9, 2025 Item #1 Page 13 of 13 West Oaks Housing Trust Fund Request Nicole Piano-Jones, Senior Program Manager Housing Commission Oct. 9, 2025 1 TODAY’S PRESENTATION •Project background and history •Additional funding request •Recommended action and next steps ITEM 1: West Oaks 2 SITE CHARACTERISTICS 192 apartments Designated for high density residential ITEM 1: West Oaks +12.5 acres Onsite community space & services 3 AFFORDABLE SITE CHARACTERISTICS 42 units 1-3 bedrooms Integrated on site 3 stories Affordability mix 30% - 70% AMI ITEM 1: West Oaks 4 Rancho Carillo Apartments 116 affordable apts. Applicant Background •Extensive experience •Positive local project history ITEM 3: West Oaks 5 ITEM 1: West Oaks History •$1,500,000 HTF loan –Approved by HC 2021 –Approved by CC in 2021 •Loan Extension approved 2023 •Issues outside of developer’s control 6 Item 1: West Oaks CHANGE2025 TOTAL2021 TOTALSOURCES OF FUNDS $1,543,000 $7,520,000 $5,977,000Senior loan 189,016 263,475 74,459Soft loan-interest 1,824,667 8,877,5407,052,873Tax credit equity 432,807 1,032,114 599,307Deferred developer fee 500,000 2,000,0001,500,000Housing Trust Fund loan (529,626)1,125,0001,654,626Integral Communities Loan (master developer) $3,959,864 $20,818,129$16,858,265TOTAL SOURCES 7 SUBSIDY ANALYSIS City Council Policy 90 Public benefit Housing Element Risk Item 1: West Oaks 8 NEXT STEPS TAX CREDIT & BOND ALLOCATION AWARD LOAN & BOND DOCUMENTS CONSTRUCTION CITY COUNCIL CONSIDERS REQUEST & LOAN EXTENSION Item 1: West Oaks 9 STAFF RECOMMENDATION •Approve Resolution recommending that the City Council approve an additional $500,000 loan to Chelsea Investment Corp. for the development of West Oaks Apts. Item 1: West Oaks 10