Requests for In-Lieu Fees Paid for BMR Units, January 2012-January 2018

Anthony Miller filed this request with the San Jose Planning Commission of San Jose, CA.
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Awaiting Response

Communications

From: Anthony Miller

To Whom It May Concern:

Pursuant to the California Public Records Act (California Government Code §§ 6250), I hereby request the following records:

I would like a record of all requests by developers to pay in-lieu fees instead of providing below-market-rate units, the amount of in-lieu fee requests approved by the city during this period, and the total number of in-lieu fees paid for the last six years (January 2012-January 2018.)

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Anthony Miller

From: San Jose Planning Commission

Your request for records, copied below, has been forwarded to the department for research.

The Open Government Manager

From: San Jose Planning Commission

Hello Anthony,

We have received the following public records request. Please contact me to set up a call or meeting because there is potentially more explanation I can provide to better understand this information. For example the acronyms in the spreadsheet stand for:

- IH Policy – Inclusionary Housing Policy<http://www.sanjoseca.gov/DocumentCenter/View/5182> (please also see the implementation guidelines<http://www.sanjoseca.gov/DocumentCenter/View/5184>)
- IHO – Inclusionary Housing Ordinance<http://www.sanjoseca.gov/DocumentCenter/View/57914> (please also see the implementation guidelines<http://www.sanjoseca.gov/DocumentCenter/View/57913>)

I have included hyperlinks to our website where you can find more details.

So to answer the request I believe you are asking for the following:
1) All requests by developers to pay in-lieu fees instead of providing below-market-rate units:9
2) The amount of in-lieu fee requests approved by the city during this period:9
3) The total number of in-lieu fees paid:$7,764,080 - As you can see only the top three projects on the list have paid their in-lieu fee. These three projects were under our Inclusionary Policy.

Please attached PDF. Note we included some projects that are still pending and they can still change how they fulfill their affordable housing obligation, other than the in-lieu fee.

Anthony, please contact me when you receive this response so we can talk through the content and help answer any other questions you may have.

Thank you!
---

Amy Chen

City of San José - Department of Housing
200 East Santa Clara Street, Tower 12th Floor
San José, CA 95113
amy.chen@sanjoseca.gov<mailto:amy.chan@sanjoseca.gov>
Ph: (408) 975-4489

From: Anthony Miller

Hi Amy,

Thanks very much for the thorough information. Because of some other restraints, I have had to put this research project of mine on the back burner for the time being, so I won't be able to do any of my proposed analysis in the near future. My goal is comparing in-lieu and BMR programs across several Bay Area cities, but it's a wider and more complex project than I can commit to right now. If in the next few months I revisit this data I will certainly be in touch with you to get any clarifications.

I appreciate your help!

Best,

Anthony

From: Anthony Miller

Hi Amy,

Thanks very much for the thorough information. Because of some other restraints, I have had to put this research project of mine on the back burner for the time being, so I won't be able to do any of my proposed analysis in the near future. My goal is comparing in-lieu and BMR programs across several Bay Area cities, but it's a wider and more complex project than I can commit to right now. If in the next few months I revisit this data I will certainly be in touch with you to get any clarifications.

I appreciate your help!

Best,

Anthony

From: San Jose Planning Commission

Hello Anthony,

I keep getting this automatic email requesting information. On Thursday, January 18 I responded with this information and also received an email from you on January 19 that " I have had to put this research project of mine on the back burner for the time being, so I won't be able to do any of my proposed analysis in the near future."

Please let me know if you are still in need of the information and if you need me to resend the information sent on January 18 again. Thank you!
---

Amy Chen

City of San José - Department of Housing
200 East Santa Clara Street, Tower 12th Floor
San José, CA 95113
amy.chen@sanjoseca.gov<mailto:amy.chan@sanjoseca.gov>
Ph: (408) 975-4489

From: Anthony Miller

Hi Amy,

Apologies for the automatic follow-up -- it should be disabled now. I do not need anything from you at the moment.

Thanks!

Anthony

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