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Builders and affordable‑housing advocates clash over fee levels, feasibility and incentives

San Francisco Planning Commission Subcommittee · June 5, 2008

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Summary

Developers, builder trade groups and affordable‑housing advocates debated whether the proposed inclusionary rates and impact fees are financially feasible; smaller builders argued tiered returns and assumed efficiencies unfairly penalize them, while housing groups urged boldness and market testing.

A sustained block of public comment focused on the financial feasibility of the proposed inclusionary requirements and impact fees, with builders and housing advocates offering sharply different readings of the consultant analyses.

Representatives of the Residential Builders Association and several smaller developers urged the commission to provide certainty on fee levels and entitlements. Speakers argued that the feasibility prototypes undercounted real sales commissions and reduced building efficiencies for larger unit mixes, and that a tiered rate of return granting higher margins to large projects disadvantages in‑city small developers that finance projects using home‑equity and local capital. Several builders asked for fee lock‑ins (a defined guarantee that fees/inclusionary requirements that apply at application remain fixed through entitlement) and at least six months’ public notice before any fee adjustment.

Affordable‑housing coalitions (HACC, Council of Community Housing Organizations, Mission SRO Collaborative) countered that the plan is among the most aggressive city proposals to generate affordable and middle‑income housing, urged testing the package in the market and strongly cautioned against weakening inclusionary goals before a market test. The Council of Community Housing Organizations also pressed for acquisition and rehabilitation to be a larger element of the city’s strategy to preserve deeply affordable units.

Why it matters: whether projects remain financially feasible under the proposed fees will determine take‑up rates, timing of development, and ultimately how many affordable units and public benefits can be delivered. Builders say unpredictable fee regimes and high exactions can halt projects; affordable‑housing advocates say only a bold package produces material affordable outcomes without unlimited public subsidy.

What’s next: staff acknowledged concerns and said some model assumptions (sales commissions, building efficiencies) could be refined; they reiterated the difference between the legal nexus and what is financially possible and committed to further consultation with technical experts and industry on the feasibility inputs before final action.