From: Yibin Shen
To: CityCouncil-List
Cc: Bill Chapin; Ryan Halpern; Michael Roush; Andrew Thomas Subject: FW: permit fees for the south shore apartments.
Date: Thursday, May 11, 2023 11:42:42 AM
Attachments: 410 WESTLINE DR CB20-0727.pdf
300 WESTLINE DR CB20-0726.pdf
Dear Mayor and Council,
We received a Council Member question regarding the total permit fees paid to the City for the Southshore CIP renovations. I write to forward the Planning/Building team’s answer (below) to the full Council.
Many Thanks
Y
Yibin Shen
City Attorney
City of Alameda
2263 Santa Clara Avenue, Room #280
Alameda, CA 94501
(510)747-4750
From: Andrew Thomas <[email protected]>
Sent: Thursday, May 11, 2023 11:33 AM
Cc: Yibin Shen <[email protected]>; Jennifer Ott <[email protected]>; Erin Garcia <[email protected]>; Nancy McPeak <[email protected]> Subject: FW: permit fees for the south shore apartments.
Sorry for the delay. The total fees paid for the improvements to the seven (7) buildings at the complex is $65,897.65. For more detail see the line items for the two attached fee sheets for the project. (Please note in the description that one is for 3 buildings and one is for 4 buildings.)
Hope this is what you were looking for. Let us know if not.
Erin and Nancy: Thank YOU for pulling this info.
Andrew
CITY OF ALAMEDA2263 SANTA CLARA AVENUE, ROOM 190
ALAMEDA, CA 94501
(510) 747-6800
Combination Building Permit : CB20-0727
Applicant Information
GARRETT WALTON
ONE MARITIME PLAZA FLOOR 1900
SAN FRANCISCO CA, 94111
707-592-2416
Contractor Information
NEAPOLIS CONSTRUCTION LLC
ONE MARITIME PLAZA STE 1900
SAN FRANCISCO, CA 94111
(415) 233-8158
Owner Information
SOUTH SHORE BEACH & TENNIS
CLUB
1900 S NORFOLK ST
SAN MATEO, CA 94403-1161
Project Information
Status: Finaled
Type: Combination Building Permit
Category: NA
Sub-Type: Residential
Parcel Number: 074-1285-080-00
Job Address: 410 WESTLINE DR, BLDG D,E,F,G
Work Description: BLDG D, E, F G - BUILDING EXTERIOR REFRESH INCLUDING WINDOW REPLACEMENT, DRY ROT REPAIR, PAINT, ADDITIONAL FLASHING, LIGHTING REPLACEMENT, AND SELECT BALCONY TREATMENTS.
BUILDING INTERIOR CORRIDOR SCOPE INCLUDES, LIGHTING REPLACEMENT, PAINT, FLOORING, NEW BASEBOARD, AND DOOR HARDWARE. SITEWORK INCLUDES MISC. WATERPROOFING SCOPES AND LIGHTING
REPLACEMENT (BLDG/ELEC)
Applied: 12/18/2020
Finaled: 06/08/2022
Issued: 03/31/2021
Expired: 06/08/2023
Valuation: $1,142,860.00
FEE AMOUNTUNITSACCOUNT CODEFEE DESCRIPTION PAID
Permit Fee - Building 481003-33400 (1010) 17854 $17,854.00 $17,854.00 Improvement Tax 164-32250 (1060) 1 $11,428.60 $11,428.60 Waste Mgmt Plan & Report review (online) 02741-37570 (8724) 1 $373.00 $373.00 Filing Fee 481003-37450 (1050) 2 $132.00 $132.00
Technology Fee 481003-33063 (1051) 1 $950.10 $950.10
Building Standards Fee 209-212391 (1230) 1 $46.00 $46.00 Plan Check - Building 481003-37160 (1025) 800 $800.00 $800.00 Plan Check - Planning 481005-37160 (6325) 1 $216.00 $216.00 SMIP - Residential 209-212390 (1040) 1 $148.57 $148.57 Community Planning Fee 481005-33064 (8765) 1 $5,714.30 $5,714.30 TOTALS: $37,662.57 $37,662.57
RECEIPT # PAYMENT METHOD CHECK # PAYOR: RECEIPT DATE RECEIPT AMOUNT 543039 Check 2070 12/30/2020 $37,518.08
Cashier: JCHUN
ALAMEDA
MULTIFAMILY OWNER
LLC
544675 Credit Card 03/30/2021 $144.49
Cashier: PUBLICUSER0
Garrett J Walton
Total Payments:
Balance Due: $0.00
$37,662.57
Print Date: 5/9/2023Version Date: 4/26/17
CITY OF ALAMEDA2263 SANTA CLARA AVENUE, ROOM 190
ALAMEDA, CA 94501
(510) 747-6800
Combination Building Permit : CB20-0726
Applicant Information
GARRETT WALTON
ONE MARITIME PLAZA FLOOR 1900
SAN FRANCISCO CA, 94111
707-592-2416
Contractor Information
NEAPOLIS CONSTRUCTION LLC
ONE MARITIME PLAZA STE 1900
SAN FRANCISCO, CA 94111
(415) 233-8158
Owner Information
SOUTH SHORE BEACH & TENNIS
CLUB
1900 S NORFOLK ST
SAN MATEO, CA 94403-1161
Project Information
Status: Finaled
Type: Combination Building Permit
Category: NA
Sub-Type: Residential
Parcel Number: 074-1285-080-00
Job Address: 300 WESTLINE DR, BLDG A, B, C
Work Description: BLDG A, B, C - BUILDING EXTERIOR REFRESH INCLUDING WINDOW REPLACEMENT, DRY ROT REPAIR, PAINT, ADDITIONAL FLASHING, LIGHTING REPLACEMENT, AND SELECT BALCONY TREATMENTS.
BUILDING INTERIOR CORRIDOR SCOPE INCLUDES, LIGHTING REPLACEMENT, PAINT, FLOORING, NEW BASEBOARD, AND DOOR HARDWARE. SITEWORK INCLUDES MISC. WATERPROOFING SCOPES AND LIGHTING
REPLACEMENT (BLDG/ELEC)
Applied: 12/18/2020
Finaled: 06/08/2022
Issued: 03/29/2021
Expired: 06/08/2023
Valuation: $857,140.00
FEE AMOUNTUNITSACCOUNT CODEFEE DESCRIPTION PAID
Permit Fee - Building 481003-33400 (1010) 13203 $13,203.00 $13,203.00 Improvement Tax 164-32250 (1060) 1 $8,571.40 $8,571.40 Waste Mgmt Plan & Report review (online) 02741-37570 (8724) 1 $373.00 $373.00 Filing Fee 481003-37450 (1050) 2 $132.00 $132.00
Technology Fee 481003-33063 (1051) 1 $707.55 $707.55
Building Standards Fee 209-212391 (1230) 1 $35.00 $35.00 Plan Check - Planning 481005-37160 (6325) 1 $216.00 $216.00 Plan Check - Building 481003-37160 (1025) 600 $600.00 $600.00 SMIP - Residential 209-212390 (1040) 1 $111.43 $111.43 Community Planning Fee 481005-33064 (8765) 1 $4,285.70 $4,285.70 TOTALS: $28,235.08 $28,235.08
RECEIPT # PAYMENT METHOD CHECK # PAYOR: RECEIPT DATE RECEIPT AMOUNT 543038 Check 2071 12/30/2020 $28,235.08
Cashier: JCHUN
ALAMEDA
MULTIFAMILY OWNER
LLC
Total Payments:
Balance Due: $0.00
$28,235.08
Print Date: 5/9/2023Version Date: 4/26/17
From: Yibin Shen
To: CityCouncil-List
Cc: Rent Program; Michael Roush
Subject: FW: CIP question
Date: Tuesday, May 9, 2023 10:37:49 AM
Attachments: 2023.05.08 - 25+ Units - Owner Mailing Addresses.xlsx Dear Mayor and Council,
We received a Council request for all properties/landlords that would be affected by staff’s proposed moratorium on CIP applications from properties with 25 or more units.
I write to forward responsive information to the full Council, as attached.
Many Thanks
Y
Yibin Shen
City Attorney
City of Alameda
2263 Santa Clara Avenue, Room #280
Alameda, CA 94501
(510)747-4750
From: Ryan Halpern <[email protected]>
To: Yibin Shen <[email protected]>; Bill Chapin <[email protected]> Subject: RE: question
Hi Yibin,
See attached, please note the South Shore property is divided into two parcels, highlighted.
-Ryan
APN Primary Address Total No. o Owner Business Name Owner Mailing Address Owner Mailing City State Zip 1380 THIRD ST ALAMEDA CA 94501 392 BALLENA VILLAGE LLC & CCD BALLENA LLC 241 W MAIN ST LOS GATOS, CA 95030 1826 POGGI ST ALAMEDA CA 94501 390 BRE Alameda I MF Property Owner LLC 233 S. WACKER DR Suite 4700 CHICAGO, IL 60606 410 WESTLINE DR ALAMEDA CA 94501 268 ALAMEDA MULTIFAMILY OWNER LLC 3953 Maple Ave 300 Dallas, TX 75219 501 BUENA VISTA AVE ALAMEDA CA 94501 225 Bre Alameda I Mf Property Owner LLC 233 S WACKER DR #4200 CHICAGO, IL 60606 1825 POGGI ST ALAMEDA CA 94501 186 Rica Vista 1825 Poggi St Leasing Office Alameda, CA 94501 300 WESTLINE DR ALAMEDA CA 94501 184 ALAMEDA MULTIFAMILY OWNER LLC 3953 Maple Ave 300 Dallas, TX 75219 250 MOSLEY AVE, ALAMEDA, CA 94501 150 CP VI ADMIRALS COVE LLC 1000 SANSOME ST FL 1ST SAN FRANCISCO , CA 94111 404 CENTRAL AVE ALAMEDA CA 94501 144 UJB PARTNERS LP 3205 NORTHWOOD DR #5 CONCORD, CA 94520 1777 SHORELINE DR ALAMEDA CA 94501 101 Bantry Bay Properties DBA Shoreline Apartments PO BOX 314 SAN LORENZO, CA 94580 1801 SHORELINE DR ALAMEDA CA 94501 101 BANTRY BAY PROPERTIES PO BOX 314 SAN LORENZO, CA 94580 1100 PACIFIC MARINA ALAMEDA CA 94501 84 Lsvb Brook Hill LLC 480 3RD ST OAKLAND, CA 94607 2445 SHORELINE DR ALAMEDA CA 94501 84 ALAMEDA DUNES LP 2445 Shoreline Dr Leasing Office Alameda, CA 94501 1417 EIGHTH ST ALAMEDA CA 94501 80 MAEWOOD ZARBACK & DONNA C QUINTERO TRS 135 MAIN STREET #9/F SAN FRANCISCO, CA 94105 2544 SANTA CLARA AVE, ALAMEDA, CA 94501 76 1415 Broadway Alameda Hotel LLC 10 Nemea Ln Lafayette, CA 94549 2465 SHORELINE DR ALAMEDA CA 94501 76 TOWER ALAMEDA LLC 900 5th Ave #105 San Rafael, CA 94901-2959 333 WILLOW ST ALAMEDA CA 94501 75 FRANCISCAN APARTMENTS ALAMEDA LLC 1000 MARINA VILLAGE PKWY #130 ALAMEDA, CA 94501 544 CENTRAL AVE ALAMEDA CA 94501 72 DEL CORONADO ASSOCIATES 2975 SCOTT BLVD #200 SANTA CLARA, CA 95054 550 CENTRAL AVE ALAMEDA CA 94501 70 MSC FUND X & M&S INVESTMENTS 135 MAIN ST, 9th Floor SAN FRANCISCO, CA 94105 2540 BARBERS POINT RD, ALAMEDA, CA 94501 67 RiverRock Real Estate Group 950 West Mall Square Suite 239 Alameda, CA 94501 547 BUENA VISTA AVE ALAMEDA CA 94501 66 KAFIEH FARRKTALA & SAYE FARROKHTALA TRS & FAR ETAL 1005 Romona Avenue Albany, CA 94706 564 CENTRAL AVE ALAMEDA CA 94501 65 ALAMEDA MARINE VIEW APARTMENTS LLC 573 S VAN NESS AVE SAN FRANCISCO, CA 94110 557 BUENA VISTA AVE ALAMEDA CA 94501 63 GARDEN COURT APARTMENTS LLC PO BOX 308 SAN RAMON, CA 94583 2149 OTIS DR ALAMEDA CA 94501 61 OTA Alameda LLC 1000 MARINA VILLAGE PKWY #130 ALAMEDA, CA 94501 1940 FRANCISCAN WAY ALAMEDA CA 94501 58 CALIFORNIAN APARTMENTS LLC 6138 THORNHILL DR OAKLAND, CA 94611 2485 SHORELINE DR ALAMEDA CA 94501 57 TROPIC SANDS APARTMENTS LLC 1000 MARINA VILLAGE PKWY #130 ALAMEDA, CA 94501 400 WHITEHALL RD ALAMEDA CA 94501 57 SOUTHSHORE GARDENS LP 418 WHITEHALL RD #A ALAMEDA, CA 94501 434 CENTRAL AVE ALAMEDA CA 94501 53 Surfside Owner LP 401 Wilshire Blvd 1070 Santa Monica, CA 90401 2020 FRANCISCAN WAY ALAMEDA CA 94501 52 PCI III LANAI ASSOCIATES 135 MAIN ST 9th Floor SAN FRANCISCO, CA 94105 2000 FRANCISCAN WAY ALAMEDA CA 94501 52 PCI II WAVECREST ASSOCIATES 135 MAIN ST 9th Floor SAN FRANCISCO, CA 94105 324 KITTY HAWK RD ALAMEDA CA 94501 50 324 Alameda LLC 1841 Avenida Del Norte Fullerton, CA 92833 2051 SHORELINE DR ALAMEDA CA 94501 45 RICHARD & ELAINE FOHR TR 135 MAIN ST FLOOR 9 SAN FRANCISCO, CA 94105 1611 SHERMAN ST ALAMEDA CA 94501 45 PAUL H SHEEHAN TR & WILLIAM J SHEEHAN 1236 Bay St. Alameda, CA 94501 1919 SHORELINE DR ALAMEDA CA 94501 43 TRADEWINDS APARTMENTS FAMILY LIMITED PARTNRSHP 4844 TELEGRAPH AVE OAKLAND, CA 94609 2031 SHORELINE DR ALAMEDA CA 94501 43 Fereidoon & Sohi F Hashemi 4844 TELEGRAPH AVE OAKLAND, CA 94609 615 CENTRAL AVE ALAMEDA CA 94501 42 ROBERT L AND JEANINE A BRIGGS PO BOX 298 KENWOOD, CA 95452 600 CENTRAL AVE ALAMEDA CA 94501 42 Neptune Court Apartments 600 Central Avenue Apt 8 Alameda, CA 94501 2394 MARINER SQUARE DR, ALAMEDA, CA 94501 41 Valley Investments Redwoods LLC 2394 Mariner Square Dr Alameda, CA 94501 2019 SHORELINE DR ALAMEDA CA 94501 41 TAYCON PROPERTIES TWO LLC & BLACK MOUNTAIN IN ETAL 2626 HANOVER ST PALO ALTO, CA 94304 424 WHITEHALL RD ALAMEDA CA 94501 40 SOUTHSHORE GARDENS LP 418 WHITEHALL RD ALAMEDA, CA 94501 320 GRAND ST, ALAMEDA, CA 94501 38 OUTRIGGER ALAMEDA LLC 1448 MADISON ST #309 OAKLAND, CA 94612 1901 SHORELINE DR ALAMEDA CA 94501 38 SHORELINE APARTMENTS LLC 573 S VAN NESS AVE SAN FRANCISCO, CA 94110 1701 SHORELINE DR ALAMEDA CA 94501 38 Marymount Summit LLC 1405 Marshall St Suite A Redwood City , CA 94063 736 LINCOLN AVE ALAMEDA CA 94501 37 PCI XII LINCOLN ASSOCIATES 1406 WEBSTER ST ALAMEDA, CA 94501 916 UNION ST ALAMEDA CA 94501 37 TIMBER DELL PROPERTIES LLC 1406 WEBSTER ST ALAMEDA, CA 94501 2235 LINCOLN AVE ALAMEDA CA 94501 36 LINCOLN HOUSE LLC 2425 CHANNING WAY #692 BERKELEY, CA 94704 2001 SHORELINE DR ALAMEDA CA 94501 36 KEITH L WEST ETAL 1352 A ST HAYWARD, CA 94541 1419 GRAND ST ALAMEDA CA 94501 36 PCI VI MEDITERRANEAN ASSOCIATES 1406 WEBSTER ST ALAMEDA, CA 94501 2020 SANTA CLARA AVE ALAMEDA CA 94501 35 THREE CROWN APARTMENTS LLC 573 S VAN NESS AVE SAN FRANCISCO, CA 94110 2045 CENTRAL AVE ALAMEDA CA 94501 34 ELIZABETH VETTERLI TR & WILDA M LUNDBORG TR 1480 CREEKSIDE DR #A101 WALNUT CREEK, CA 94596 1715 CENTRAL AVE ALAMEDA CA 94501 34 ASRANI FAMILY LP PO BOX 41506 SAN JOSE, CA 95160 1817 CENTRAL AVE ALAMEDA CA 94501 34 SHAFFER PROPERTIES 1817 CENTRAL L P ETAL 1245 HAWTHORNE ST ALAMEDA, CA 94501 2110 SANTA CLARA AVE ALAMEDA CA 94501 34 AGNES S POON TR 499 11th Ave San Francisco, CA 94118 2237 SANTA CLARA AVE ALAMEDA CA 94501 33 MATTHEW N & MARGARET M MURPHY 888 4TH ST #3 SAN RAFAEL, CA 94901 470 CENTRAL AVE ALAMEDA CA 94501 33 SE ALAMEDA LP 2191 Market St. Suite A San Francisco, CA 94114 1704 CENTRAL AVE ALAMEDA CA 94501 30 1704 CENTRAL AVENUE LLC 4125 BLACKFORD AVE #200 SAN JOSE, CA 95117 1850 THAU WAY ALAMEDA CA 94501 30 CHARVET & KU PROPERTIES LLC PO BOX 226 SAN MATEO, CA 94401 2521 CENTRAL AVE ALAMEDA CA 94501 30 GREEN WHEEL SPRING PO BOX 32387 OAKLAND, CA 94604 732 CENTRAL AVE ALAMEDA CA 94501 29 TIMBER DELL PROPERTIES LLC 1406 WEBSTER ST ALAMEDA, CA 94501 1328 PARK ST ALAMEDA CA 94501 28 PARK STREET PROPERTIES III LLC 6000 MARGARIDO DR OAKLAND, CA 94618 430 BUENA VISTA AVE ALAMEDA CA 94501 26 CP430/450 BUENA VISTA LLC 20410 TOWN CENTER LANE STE 200 CUPERTINO, CA 95014 2167 OTIS DR ALAMEDA CA 94501 26 OTIS DRIVE LLC 9 CHARLES HILL CIR ORINDA, CA 94563 1548 WEBSTER ST, ALAMEDA, CA 94501 26 CASE, STEVEN C CASE, VERONICA K 600 TARRYTON ISLE ALAMEDA, CA 94501-5646 450 BUENA VISTA AVE ALAMEDA CA 94501 26 CP430/450 BUENA VISTA LLC 20410 TOWN CENTER LANE STE 200 CUPERTINO, CA 95014 431 PACIFIC AVE ALAMEDA CA 94501 26 MARSHALL 431 LLC 151 CALLAN AVE, STE 213 SAN LEANDRO, CA 94577 1400 WEBSTER ST, ALAMEDA, CA 94501 25 TIMBER DELL PROPERTIES LLC & JOHN & J COCORES ETAL 1406 WEBSTER ST ALAMEDA, CA 94501 777 TAYLOR AVE ALAMEDA CA 94501 25 GENE F & MOO J MAHR TRS 570 AMBER ISLE ALAMEDA, CA 94501 1357 PARK ST ALAMEDA CA 94501 25 Chew Lun Benevolent Association 2143 BEACH ST SAN FRANCISCO, CA 94123 From: Bill Chapin
To: CityCouncil-List
Cc: Lara Weisiger
Subject: Capital Improvements regulation
Date: Tuesday, May 2, 2023 11:42:34 AM
Attachments: image003.png
image002.png
Dear Mayor and Council,
I write to share with you a copy of Rent Control Ordinance Regulation 23-01, which implements the Capital Improvement Plan (CIP) provisions of the Rent Ordinance and CIP Policy. We do expect that elements of this regulation may come up during May 11 agenda item concerning a moratorium on CIP applications for larger rental properties.
Thank you,
Bill Chapin
---------------------------------------------------------- Bill Chapin
Rent Program Director
City of Alameda
www.alamedarentprogram.org
ph: 510-747-7521 | [email protected]
1 RENT CONTROL ORDINANCE REGULATION 23-01 IMPLEMENTING
REGULATIONS CONCERNING CAPITAL IMPROVEMENT PLANS FOR RENTAL
UNITS IN THE CITY OF ALAMEDA
Whereas, in April 2016, following the City Council’s adoption of an Ordinance (Ordinance No. 3148) concerning rent stabilization, limitations on evictions and relocation payments to certain tenants, City Council adopted Resolution No. 15138 approving a Policy concerning Capital Improvement Plans (“CIP Policy”); and Whereas, on September 17, 2019, the City Council of the City of Alameda adopted Ordinance No. 3250 (beginning at Section 6-58.10 and following of the Alameda Municipal Code), as the Ordinance may be amended from time to time, restating and revising previous Ordinances concerning rent control, limitations on evictions and relocation payments to certain tenants (the Rent Ordinance”); and Whereas, by reason of these revisions to the Rent Ordinance, certain provisions of and definitions in the CIP Policy need to be harmonized with provisions of the Rent Ordinance and one of the purposes of this Regulation is to carry out that harmonization; and
Whereas, for “fully regulated” Rental Units, the Rent Ordinance limits Rent Increases to once every 12 months; and
Whereas, for “fully regulated” Rental Units, the Rent Ordinance also limits rent increases to Annual General Adjustments as defined in the Rent Ordinance; and Whereas, the CIP Policy makes reference to Rent Increases following an approved Capital Improvement Plan but such Rent Increases, taken literally, would run contrary to the intent and purpose of the Rent Ordinance and the CIP Policy whose purpose is to ensure that Tenants are not unreasonably displaced as a result of Capital Improvements to Rental Units; and
Whereas, the purpose of the Rent Ordinance and the CIP Policy is also to ensure that Landlords receive a just and reasonable return on their Capital Improvement expenditures; and
Whereas, if a Rent Increase as used in the CIP Policy were interpreted to mean a “Pass Through” of a Landlord’s Capital Improvement expenditures it would result not only in the Landlord’s receiving a just and reasonable return on their Capital Improvement expenditures but also result in Tenants’ not being unreasonably displaced as a result of Capital Improvements; and
Whereas, if a Landlord were to impose on Tenants a “Pass Through” except in conjunction with an annual Rent Increase, such Pass Through would work a financial hardship on many Tenants and could cause Tenants to be unreasonably displaced; and 2 Whereas, for “fully regulated” Rental Units, AB 1482 (Civil Code, Section 1946.2 and following) limits rent increases to 5% plus the percentage change in the Consumers Price Index or 10%, whichever is lower; and
Whereas, Section 6-58.155, Alameda Municipal Code (all further Section references are to the Alameda Municipal Code unless stated otherwise) provides the Rent Program Administrator with the authority to promulgate regulations to implement the requirements and fulfill the purpose of the Rent Ordinance and policies concerning rent control, including the CIP Policy.
NOW, THEREFORE, under Section 6-58.155 the Rent Program Administrator adopts the following regulations concerning Capital Improvement Plans for Rental Units in the City of Alameda.
1. Purpose. The purpose of this Regulation is to encourage Landlords to improve the quality of the City’s rental housing stock, to ensure Landlords receive a fair return on their Capital Improvement expenditures and that Tenants are not unreasonably displaced as a result of Capital Improvements to their Rental Units.
2. Definitions. Unless otherwise indicated, terms that are capitalized have the same meaning as those terms in the Rent Ordinance.
“Pass Through” shall mean any monetary amount a Landlord is authorized to pass through to, and recover from, one or more Tenants, in the form of a surcharge or in addition to Base Rent, as authorized by an approved Capital Improvement Plan or any other lawful authorization. The term “Rent Increase” as that term is used in the CIP Policy shall mean a Pass Through as used in this Regulation.
3. Capital Improvement . A Capital Improvement, for purposes of this Regulation, shall be any improvement to a Rental Unit or property that has one or more Rental Units that (a) materially adds to the value of the property, (b) appreciably prolongs the useful life or adapts the property to new use, (c) becomes part of the real property or is permanently affixed to the real property such that its removal would result in material damage to the real pr operty or to the improvement itself, (d) is identified in Section 6 of the CIP Policy, (e) has a documented cost that is not less than the product of eight times the average Rent of Tenant-occupied Rental Units multiplied by the number of Rental Units and any other Dwelling Unit on the property that benefits from the improvement, and (f) has a useful life of more than one year and is required to be amortized over the useful life of the improvement using, as the Program Administrator determines, the straight line depreciation provisions of the Internal Revenue Code and the regulations issued pursuant thereto but in no event less than 15 years. The Program Administrator shall approve an application for a Capital Improvement Plan for only those Capital Improvements set forth in Section 6 of the CIP Policy. The Program Administrator shall not approve an application for a Capital Improvement Plan that includes a 3 Pass Through, and generally no Landlord shall relocate a Tenant temporarily , for routine repairs, replacement or maintenance including, but not limited to, interior painting of less than 50% of a Rental Unit, plastering, replacing broken windows, replacing carpets or drapes unless replaced throughout the entire Rental Unit, cleaning, fumigating (unless tented), routine landscaping, standard repairing of electrical and plumbing services, and repairing or replacing furnished appliances.
4. When an Application for a Capital Improvement Plan Must be Filed; Frequency of Applications.
A. A L andlord must file with the Program Administrator a Capital Improvement Plan, in an application form as may be approved by the Program Administrator, when the Landlord is requesting a Pass Through in connection with Capital Improvements and/or is requesting to relocate temporarily a Tenant because the Landlord in good faith believes the work associated with the Capital Improvements cannot be accomplished safely with the Tenant remaining in the Rental Unit.
1. If a L andlord intends to make or has made eligible Capital Improvements to one or more Rental Unit or to property housing one or more Rental Units and seeks to recover the cost thereof by imposing a Pass Through on one or more Tenants, the Landlord may submit a Capital Improvement Plan application to the Rent Program.
Landlords may file such application (a) prior to improvement work commencing to receive conditional approval of a Capital Improvement Plan based on estimates, or (b) within 12 months of completion of the improvement work based on documented costs. Unc onditional approval of a Capital Improvement Plan requires the Landlord to demonstrate the actual costs of the improvements once the work is complete.
2. Regardless of whether a Landlord requests a Pass Through in connection with Capital Improvement work, if a Landlord believes that a Tenant must be displaced, even temporarily, because of the Capital Improvement work, the Landlord must file a Capital Improvement Plan application prior to taking any action to relocate the Tenant or terminate the Tenancy. If the Capital Improvement Plan is approved, the Tenant will be entitled to either T emporary or P ermanent Relocation Payments, in accordance with Section 12 of this Regulation.
B. For any Rental Unit or property housing Rental Units, no Landlord may file an application for a Capital Improvement Plan more frequently than once every 24 months from the date a prior application for a Capital Improvement Plan has been unconditionally approved except for Capital Improvements made necessary by (i) a fire, flood, earthquake or other natural disaster, (ii) an event beyond the control of the Landlord and the Landlord did not cause or contribute 4 to the condition that requires a Capital Improvement, or (iii) a Health or Safety condition that did not exist at the time the Landlord filed the prior application for a Capital Improvement Plan and that condition has caused or resulted in an order from a governmental agency or a court of competent jurisdiction to vacate the Rental Unit.
5. Calculation of the Amount of the Pass Through for Capital Improvements . If a Landlord demonstrates an improvement qualifies as a Capital Improvement under the CIP Policy, the Program Administrator shall determine the amount of the Pass Through by amortizing the cost of the improvement, including the confirmed interest rate for the financing that the Landlord secures for the Capital Improvements, over the useful life of the improvement as determined by the Program Administrator, and dividing that cost by each Rental Unit and any other Dwelling Unit on the property that benefits from the improvement. The Program Administrator shall have the discretion to determine the cost to each Rental Unit or Dwelling Unit by taking into consideration factors such as the number or size of the bedrooms in a Rental Unit or Dwelling Unit. If the interest rate for the financing the Landlord secures for the Capital Improvement is variable, the confirmed interest rate will be the applicable interest rate as of the date the application is deemed complete unless the Program Administrator, based on information provided by the Landlord, determines a different date should be used.
6. Improvements or Repairs.
A. A Landlord may receive a Pass T hrough for expenditures for only those improvements or repairs listed in subsection A of Section 6 of the CIP Policy.
B. In determining such cost that may be included in the calculation of the Pass Through, the Program Administrator shall give no consideration (a) to any additional cost the Landlord incurs for property damage and/or deterioration due to an unreasonable delay in the undertaking or completing of any improvement or repair or (b) for improvements or repairs for which the Landlord receives insurance proceeds. For purposes of this Regulation , “unreasonable delay” shall mean that the Capital Improvement to be replaced or repaired had not been replaced or repaired for more than 25 years from its installation.
7. Information to Accompany Applications and Notices to Ten ants. A Landlord who has filed with the Program Administrator an application for a Capital Improvement Plan shall (1) provide to the Program Administrator supporting documentation of the cost of the Capital Improvements, as set forth in Section 8 below, and the names and addresses of the Tenants affected by the application, including whether the Landlord believes in good faith that due to Capital Improvement work, a Tenant must be temporarily or permanently relocated, and (2) notify each Tenant in writing, with a copy of such notice to the Program Administrator, that the Landlord has filed an application for a Capital Improvement Plan and whether, as part of that application, the Landlord is requesting the Tenant’s tenancy be temporarily or permanently terminated in connection with the Capital Improvement work. 5 8. Supporting Documentation. The Landlord must provide supporting documentation for the cost and completion of the Capital Improvement work including, but not limited to, copies of invoices, signed contracts, performance and labor and material bonds, material and labor receipts, self -labor logs, cancelled checks, spread sheets or any other items of documentation accepted and used in the normal course of business; provided, however, if the supporting doc umentation is based on estimates, the Landlord must subsequently provide to the Program Administrator, prior to the Program Administrator’s unconditional approval of the Capital Improvement Plan, supporting documentation as set forth in this sentence.
For purposes of self -labor logs, the Program Administrator may take into consideration the hourly rate for that work, or work of a similar nature, as such hourly rate is established by the State Department of Industrial Relations.
9. Rent Program Determinations and Notice to Landlords and Tenants.
A. The Program Administrator shall review the application and supporting documentation and determine whether the documentation is adequate and sufficient to approve the application and, if so, the amount of the Pass Through.
The Program Administrator shall determine the amount of the Pass Through based on the cost of the identified Capital Improvements at the time the Program Administrator approves the application using the best available information provided by the Landlord along with any other relevant information.
The Program Administrator may use the services of a consultant to assist in making these determinations. Regardless of whether the Landlord, as part of the application, has requested a Tenant be temporarily relocated due to the Capital Improvement work, the Program Administrator may determine whether, due to the Capital Improvement work, one or more Tenants must be temporarily relocated. In addition, at any time during the pendency of the Capital Improvement work, the Program Administrator may determine that the Capital Improvement work being undertaken requires a Tenant to be temporarily relocated.
B. If the Pro gram Administrator makes a determination that approves the application for a Capital Improvement Plan that includes a Pass Through (and its amount) , and/or a determination is made that due to the Capital Improvement work one or more Tenants must be temporarily relocated, the Program Administrator shall notify in writing the Landlord and the affected Tenant(s) of such determination(s). Any Tenant or Landlord may appeal the Program A dministrator’s determination(s) concerning the Pass Through and temporary relocation as set forth in Section 13 of this Regulation.
C. A Landlord who intends to impose a Pass Through that has received final, unconditional approval from the Program Administrator must provide written notice to the affected Tenant(s) of the amount of the Pass Through. Any affected Tenant shall notify the Landlord whether the Tenant intends to remain in the Rental Unit and pay the Pass Through. If the Tenant does not intend to pay the Pass Through (and therefore does not intend to remain in the Rental 6 Unit) and the Tenant is on a month to month Tenancy, the Tenant must provide the Landlord with 30 days’ notice of the Tenant’s intent to vacate; if the Tenant is on a lease, the Tenant must vacate on the end of the lease. In either case, a Landlord must provide a Tenant with a Permanent Relocation Payment and shall notify the Program Administrator. A Landlord may terminate a Tenancy for cause if a Tenant fails or refuses to pay the Pass Through but fails to provide the Landlord with 30 days’ notice or fails to vacate at the end of a lease.
D. Once there is a final determination whether one or more Tenants must be temporarily relocated before Capital Improvement work has started, the Landlord shall in writing notify the affected Tenant(s) at least 60 calendar days before the date when the Tenant must vacate the Rental Unit temporarily and inform the Tenant(s) of the right to Temporary Relocation Payments by serving the Tenant(s) with Rent Program Form RP -207. Once there is a final determination whether one or more Tenants must be temporarily relocated after the Capital Improvement work has start ed, the Landlord shall in writing notify the affected Tenant(s) at least three calendar days before the date when the Tenant must vacate the Rental Unit temporarily and inform the Tenant(s) of the right to Temporary Relocation Payments by serving the Tenant(s) with Rent Program Form RP-207. The Landlord shall file a copy of any such notice with the Program Administrator.
E. If the Program Administrator does not approve the application or any portion thereof, the Program Administrator shall inform the Landlord in writing in what respects the application was not approved.
10. Limitations on Pass Throughs.
A. Imposition of a Pass Through shall constitute a Rent Increase for purposes of Section 6- 58.50, Alameda Municipal Code (limiting Rent Increases to once every 12 months), except that a Pass Through shall neither constitute nor be added to Base Rent and thus is not subject to compounding through Annual General Adjustments. Additionally, limitations set forth in AB 1482 or other state legislation may apply when a Pass Through is imposed.
B. The Program Administrator shall not approve an application for a Capital Improvement Plan that includes a Pass Through for Capital Improvements completed more than 12 months prior to the Landlord’s filing an application.
11. Impact of Vacancy Decontrol on Pass Throughs.
A. Where an application is filed for proposed Capital Improvements, i f a Rental Unit is vacant at the time of the filing of an application for a Capital Improvement Plan or becomes vacant following the filing of an application for a Capital Improvement Plan but before there is a final determination as to the amount of the Pass Through, the Program Administrator shall not approve a Pass Through for that Rental Unit. Where an application is filed for Capital 7 Improvements that have been completed, if a Rental Unit is vacant at the time the work has been c ompleted or becomes vacant after the Program Administrator has approved the amount of the Pass Through, the Landlord shall not impose the Pass Through on a Tenant renting such Rental Unit.
Notwithstanding the prior two sentences, the Program Administrator shall include such Rental Unit(s) for purposes of spreading the amortized cost of the Capital Improvements.
B. If the Tenancy for any Rental Unit that has a Pass Through is terminated, the Pass Through shall terminate as to that Rental Unit.
12. Relocation Payments.
A. If an approved Capital Improvement Plan requires a Tenant to vacate the Rental Unit, t he Program Administrator will determine whether the Landlord must provide Temporary Relocation Payments or may take action to terminate the Tenancy. The Program Administrator will take into consideration the length of the displacement, with the presumption that if the work can be completed in six months, the relocation will be temporary.
B. If a Tenant has elected not to pay the Pass Through and has provided the Landlord with a 30 days’ notice or vacates the Rental Unit at the end of a lease, the Landlord shall make Permanent Relocation Payments to the Tenant as provided in subsection A of Section 6- 58.85 and City Council resolution establishing a relocation fee schedule.
C. When a Tenant temporarily vacates a Rental Unit in compliance with an approved Capital Improvement Plan, the Landlord shall make Temporary Relocation Payments to the Tenant(s) as provided in subsection B of Section 6-58.85 and City Council resolution establishing a relocation fee schedule.
D. If the approved application for a Capital Improvement Plan requires a Tenant to temporarily relocate from the Rental Unit and, at the time the Tenant must relocate temporarily, there is a Comparable and available Rental Unit satisfactory to the Tenant, the Landlord must (a) relocate the Tenant into such Comparable and available Rental Unit if such Rental Unit is on property owned by the Landlord and is satisfactory to the Tenant, (b) offer the Tenant the Rental Unit that the Tenant vacated, or the Comparable Rental Unit satisfactory to the Tenant, on a first right of refusal basis (subject to any applicable Pass Through) when the Capital Improvement is completed, (c) provide the Tenant with reasonable and documented costs of relocating the Tenant to and from the Comparable Rental Unit and (d) until the Tenant re-occupies the Rental Unit or continues to occupy the Comparable Rental Unit after the Capital Improvement is completed, impose on the Tenant the Rent the Tenant was paying at the time of the relocation. For purposes of this subsection D , a Comparable Unit does not need to be owned by the Landlord but all other provisions of this subsection apply; provided, however, if a Comparable Unit is not owned by the Landlord, 8 a Landlord may choose to make T emporary Relocation Payments to the Tenant, even if the Tenant identifies a Comparable Unit not owned by the Landlord.
E. Any Tenant who has been temporarily relocated or who has been informed that the Tenant will be temporarily relocated may, at any time during such relocation or prior to the date or relocation, elect to find alternative permanent housing. If a Tenant secure such housing, a Landlord shall make a Permanent Relocation Payment to the Tenant as provided in City Council resolution establishing a relocation fee schedule in addition to any applicable Temporary Relocation Payment to which the Tenant is entitled.
F. Tenant’s Right to Refuse Temporary Relocation and Retrieve Personal Belongings; Tenant Interference.
1. The Tenant’s right to Temporary Relocation P ayments shall not be affected by the Tenant’s limited access to the Rental Unit to retrieve personal belongings.
2. If a temporarily displaced Tenant interferes, obstruct s or delays a Landlord’s ability to conduct necessary Capital Improvement work, the Program Administrator shall inform the Tenant and Landlord that the Landlord’s obligation to provide Temporary R elocation payments is suspended to that Tenant during the period of interference, obstruction or delay.
3. This subsection F shall not be construed to permit any Tenant to reside or remai n in any Rental Unit in violation of a judicial or governmental order to vacate, including but not limited to an order from the Building Official.
13. Appeals.
A. A Tenant or Landlord may appeal any of the Program Administrator’s determinations concerning (a) a Pass Through, including, but not limited to, whether an improvement is a capital improvement, the length of the amortization of the capital improvement, the amount of the Pass Through, and the applicability of the Pass Through to a particular Tenant or Tenants, and/or (b) whether a Tenant must be temporarily relocated, by submitting an appeal in writing to the Program Administrator within 2 0 days of the notice to the Tenant/Landlord of the Program Administrator’s approval of a Capital Improvement Plan; provided, however, if the Program Administrator makes a determination concerning temporary relocation once Capital Improvement work as started, an appeal must be filed within three calendar days of the notice of such determination. If the subject of the appeal is applicable to more than one Tenant and more than one Tenant appeals, the appeals, to the extent they 9 share common issues, shall be consolidated. The party filing an appeal shall have the burden of proof as to the issue appealed.
B. A Hearing Officer shall hear appeals under this Regulation. An appeal shall not stay the Landlord’s obligation to make a Temporary Relocation Payment; provided, however, the Hearing Officer on appeal may grant a Landlord’s written request to stay any R elocation Payment. The Hearing Officer shall consider any such request to stay a R elocation Payment as soon as practicable. In considering such request, the Hearing Officer may make any preliminary inquiries necessary, including holding a preliminary in- person or telephonic hearing, to receive preliminary facts.
Date: February 9, 2023 Rent Program Administrator
Revised: April 24, 2023