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TESTIMONY

Jim Power from Kramer Levin on concerns about the Universal Affordability Preference (UAP) formula for R10 equivalent zoning districts

6:41:20

·

149 sec

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Jim Power, representing clients who own property in R10 equivalent zoning districts, expresses support for the City of Yes for Housing Opportunity proposal while raising concerns about the Universal Affordability Preference (UAP) formula. He argues that the current UAP formula may unintentionally discourage housing development in certain scenarios.

  • Power explains that the 20% UAP affordable requirement applied to all floor area, including existing buildings, could lead to disproportionately high affordable housing requirements for enlargement projects.
  • He provides an example where a 4 FAR enlargement project in an R10 district with existing 8 FAR would require 50% affordable housing.
  • Power suggests considering alternatives, such as applying the UAP formula only to the enlarged portion of the zoning lot, similar to the Mandatory Inclusionary Housing (MIH) regulations.
  • Supports many components of the housing opportunity proposal
  • Concerned about the proposed UAP formula for zoning lots with existing buildings
  • The current proposal may disincentivize housing development in certain scenarios
  • Suggests an alternative approach where the required affordable percentage is applied only to the enlarged portion of the zoning lot
  • Argues that the alternative approach would incentivize developers to build out the full amount of residential floor area available
  • Recommends considering alternatives to the UAP formula for infill sites

[EXPERIMENTAL]

Which elements of City of Yes for Housing Opportunity were discussed in this testimony?

  • UAP

The following are AI-extracted quotes and reasoning about which elements of the proposal were discussed in this testimony.

This is a quick, close approximation. Occasionally, the connection between a testimony's transcript and specific elements of City Planning's proposal is tenuous.

Read about this AI-generated analysis here.

UAP

"We support many components of the housing opportunity proposal and believe it will help address the city's housing crisis. However, we are concerned that the proposed UAP formula as it applies to zoning lots with existing buildings to remain may have the unintended effect of disincentivizing housing development."

This quote directly mentions the UAP (Universal Affordability Preference) and expresses concerns about its implementation, indicating that the speaker is discussing this element of the proposal.

"As proposed, the target 20% UAP affordable requirement would apply against all floor area on the zoning lot, including existing floor area to remain."

This quote specifically discusses the details of the UAP proposal, showing that the speaker is addressing this element of the City of Yes For Housing Opportunity plan.

"We urge the commission to consider alternatives to the UAP formula as it applies to these infill sites."

The speaker is directly asking for changes to the UAP formula, which demonstrates that they are discussing this element of the proposal.


About this analysis:

This analysis is done by AI that reasons whether or not a quote from the testimony discusses a particular element of the proposal.

All the prompts and data are open and available on Github.

You can search for testimonies that mentioned a specific element in the table on the main meeting page.

When an element is explicitly stated in the testimony (e.g. "Universal Affordability Preference" or "UAP"), the analysis is accurate.

But the connection between a quote from the testimony and an element of the proposal is sometimes implicit.

In these cases, the AI might eagerly label a testimony as discussing a proposal when the connection is tenuous, or it might omit it entirely.

↗ Why are there transcription and diarization errors?
Jim Power
6:41:20
Great.
6:41:21
Good afternoon, Sergei Rodnick and commissioners.
6:41:24
I'm Jim Powell from Kramer Levin.
6:41:25
I'm testifying on behalf of multiple clients who own property in R10 equivalent zoning districts.
6:41:32
We support many components of the housing opportunity proposal and believe it will help address the city's housing crisis.
6:41:39
However, we are concerned that the proposed UAP formula as it applies to zoning lots with existing buildings to remain may have the unintended effect of disincentivizing housing development.
6:41:50
As proposed, the target 20% UAP affordable requirement would apply against all floor area on the zoning lot, including existing floor area to remain.
6:42:01
As a result, for an enlargement project, more than 20% affordable perhaps substantially more than 20% would have to be provided within the enlargement.
6:42:10
For example, on a site in an R10 district that it is developed at 8FAR, pre existing 8FAR, a 4 FAR enlargement project would require 50% affordable.
6:42:22
This is because only the 2 FAR increment up to 10 FAR would could be market rate while the remaining IIFAR would have to be UAP affordable.
6:42:32
We believe that a developer would not have sufficient incentive to build out full 12 FAR available and would instead opt to build only the minimum amount required to achieve the 485x benefit.
6:42:44
In this example, that amount would be approximately 10.65 FAR consisting of the 8 FAR pre existing 2 FAR market rate enlargement and the 0.65 of affordable required to qualify the enlargement for 485x.
6:43:03
The 1.35 FAR residential floor area would be left undeveloped, including approximately 0.35 FAR of affordable.
6:43:11
We urge the commission to consider alternatives to the UAP formula as it applies to these infill sites.
6:43:18
One approach would be to include an alternative formula whereby the required affordable percentage would be applied only to the enlarged portion of the zoning lot.
6:43:27
This approach already applies under MIH regulations where the required affordable percentage applies only to the floor area in the enlargement, not the existing floor area to remain.
6:43:39
This approach would incentivize developers to build out the full amount of residential floor area available and would result in additional market rate and affordable housing.
6:43:49
Great.
Dan Garodnick
6:43:49
Thank you.

Follow-up discussion/remarks

QUESTION

Commissioner Benjamin questions Jim Power about proposal's application to merged lots

6:43:49

·

132 sec

Commissioner Gail Benjamin seeks clarification from Jim Power of Kramer Levin about how his proposed alternative to the Universal Affordability Preference (UAP) formula would apply to merged lots. Power struggles to provide a clear answer, leading to some confusion about the potential implications of his proposal.

  • Benjamin expresses concern about unintended consequences, such as developers merging lots to limit affordable housing requirements
  • Power argues that the math wouldn't work out that way, but fails to provide a convincing explanation
  • The exchange highlights the complexity of zoning regulations and the potential for unintended loopholes in proposed changes
  • Supports many components of the housing opportunity proposal
  • Concerned about the proposed UAP formula for zoning lots with existing buildings
  • The current proposal may disincentivize housing development in certain scenarios
  • Suggests an alternative approach where the required affordable percentage is applied only to the enlarged portion of the zoning lot
  • Argues that the alternative approach would incentivize developers to build out the full amount of residential floor area available
  • Recommends considering alternatives to the UAP formula for infill sites

[EXPERIMENTAL]

Which elements of City of Yes for Housing Opportunity were discussed in this testimony?

  • UAP

The following are AI-extracted quotes and reasoning about which elements of the proposal were discussed in this testimony.

This is a quick, close approximation. Occasionally, the connection between a testimony's transcript and specific elements of City Planning's proposal is tenuous.

Read about this AI-generated analysis here.

UAP

"We support many components of the housing opportunity proposal and believe it will help address the city's housing crisis. However, we are concerned that the proposed UAP formula as it applies to zoning lots with existing buildings to remain may have the unintended effect of disincentivizing housing development."

This quote directly mentions the UAP (Universal Affordability Preference) and expresses concerns about its implementation, indicating that the speaker is discussing this element of the proposal.

"As proposed, the target 20% UAP affordable requirement would apply against all floor area on the zoning lot, including existing floor area to remain."

This quote specifically discusses the details of the UAP proposal, showing that the speaker is addressing this element of the City of Yes For Housing Opportunity plan.

"We urge the commission to consider alternatives to the UAP formula as it applies to these infill sites."

The speaker is directly asking for changes to the UAP formula, which demonstrates that they are discussing this element of the proposal.


About this analysis:

This analysis is done by AI that reasons whether or not a quote from the testimony discusses a particular element of the proposal.

All the prompts and data are open and available on Github.

You can search for testimonies that mentioned a specific element in the table on the main meeting page.

When an element is explicitly stated in the testimony (e.g. "Universal Affordability Preference" or "UAP"), the analysis is accurate.

But the connection between a quote from the testimony and an element of the proposal is sometimes implicit.

In these cases, the AI might eagerly label a testimony as discussing a proposal when the connection is tenuous, or it might omit it entirely.

↗ Why are there transcription and diarization errors?
Dan Garodnick
6:43:49
Thank you.
6:43:49
I have a question for you from Commissioner Benjamin.
Gail Benjamin
6:43:53
Yeah.
6:43:55
Your proposal would apply only to lots that had an existing building, but it would it apply to lots that were created.
6:44:10
It wouldn't say I had a lot here with the building on it, and I combined that lot with the lot next door.
6:44:18
Would your proposed solution apply to that newly created 1 or only to an existing lot with an existing building.
Jim Power
6:44:27
It would apply to the zoning lot that exists at the time of a building permit being applied for and issued.
6:44:34
So
Gail Benjamin
6:44:36
just to make sure I understand, it would apply if I created a new lot that was larger than the original lot, which would limit the amount of affordable housing to the additional zoning square footage of the newly created lot.
6:45:00
Is that correct?
Jim Power
6:45:03
I'm not sure if I follow, but I think it would be I believe it would be neutral vis a vis whether or not you merge a vacant lot with a a parcel that has existing floor area on it because at the end of the day the calculation would be against the larger lot and you'd be subtracting out the existing floor area.
6:45:25
What we're proposing is really an attempt to avoid the penalty and the disincentive against developing a zoning lot that has existing fluoride floor area on it through Right.
Gail Benjamin
6:45:35
And I understand that, but I'm concerned about the unintended consequences that a developer could in fact take an additional merge lot.
6:45:47
In order to limit the amount of affordable housing they would have to provide overall.
Jim Power
6:45:53
I don't believe the math would work out
John Woelfling
6:45:54
that way.
6:45:54
I think that the
Jim Power
6:45:55
I believe it would be neutral vis a
Dan Garodnick
6:45:57
vis an existing building to remain whether or
Jim Power
6:45:59
not it was merged in before or after.

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