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HomeMy WebLinkAboutOrd 17-91 Density BonusORDINANCE NO. 17 - 91 AN ORDINANCE OF THE CITY OF DUBLIN An Ordinance Adding Chapter 8.16 to Title 8 of the Dublin Municipal Code, Enacting a Density Bonus Ordinance The City Council of the City of Dublin does ordain as follows: Section 1. Chapter 8.16 is hereby added to Title 8 of the Dublin Municipal Code to read as follows: "CITY OF DUBLIN DENSITY BONUS ORDINANCE CHAPTER 8.16 OF TITLE 8 CITY OF DUBLIN MUNICIPAL CODE Article 1 General Provisions Section 8.16.010. Title. This Ordinance shall be called the "Density Bonus Ordinance of the City of Dublin". Section 8.16.020. Purpose. This Ordinance is intended to establish policies which facilitate the development of senior housing, and of affordable housing to serve a variety of economic needs within the City. In order to encourage the provision for lower and very low income housing, and senior citizen housing, the City shall provide applicants who agree to meet the requirements established by this chapter, a density bonus and additional incentives if it is found necessary for affordability, or, the City shall provide other incentives of equivalent financial value. The regulations set forth in the chapter shall apply City-wide, including the extended planning area. Section 8.16.030. Definitions. For the purposes of this Ordinance, certain words and phrases shall be interpreted as set forth in this section unless it is apparent from the context that a different meaning is intended. (a) Affordable Unit: A unit for which the rent or mortgage payment does not exceed, for lower income households, 30% of 60% of the Alameda County median income adjusted for household size, or for very low income households, 30% of 50% of the Alameda County median income median adjusted for household size. (b) Applicant: Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks City permits and approvals for a project. (c) Approval: Adoption of a resolution by the Planning Commission and/or City Council approving a discretionary permit such as a Tentative Map, Planned Development or Use Permit for a project. (d) City: The City of Dublin or its designee or any entity with which the City contracts to administer this chapter. (e) Density Bonus: A 30% increase in the number of dwelling units authorized for a particular parcel of land beyond the otherwise maximum allowable residential density under the Zoning Ordinance and the Land Use Element of the General Plan as of the date of application for a project. (f) Density Bonus Unit: A dwelling unit authorized as a result of the density bonus for a project. (g) Dublin Employee: Any single person, head of household, or in the case of married couples either spouse, who has worked within the City Limits of Dublin continually for one (1) year immediately prior to the date of application for a restricted unit. (h) Dublin Resident: Any person who has lived within the City Limits of Dublin continually for one (1) year immediately prior to the date of application for a restricted unit. Continually shall be construed to include lapses of residency of no longer than six months. (i) First Time Home Buyer: A person who has not held an ownership interest in a residence within the past three years. (j) Household: One person living alone or two or more persons sharing residency whose income is available to meet the family's needs and who are related by blood, marriage or operation of law. (k) Incentive: A benefit offered by the City to facilitate construction of housing projects which include restricted units. Among others, benefits may include fee waivers for restricted units and priority processing for projects which provide restricted units. (1) Lower Income Households: A household whose gross income is as established by Health and Safety Code Section 50079.5 as amended from time to time. (m) Project Owner: Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which holds fee title to the land on which the project is located. (n) Property Owner: The owner of a restricted unit excepting a "Project Owner". (o) Project: A housing development at one location including all dwelling units for which permits have been applied for or approved within a twelve-month period. (p) Resale Controls: A resale restriction placed on restricted units by which the price of such units and/or the age or income of the purchaser will be restricted in order to ensure the affordability and occupancy by lower or very low income households or senior citizens. /dboordl -2- (q) Restricted Unit: A unit to be sold or rented to senior citizens, or, at a price affordable to lower and very low income households. (r) Senior Citizen: A person at least 62 years of age. (s) Unit Type: number of bedrooms. Dwelling units with similar floor area and (t) Very Low Income Household: A household whose gross income is as established by Health and Safety Code Section 50105 as amended from time to time. Section 8.16.040. Applicability. (a) In order to qualify for a density bonus, a project must consist of five or more dwelling units and meet one or more of the following criteria: i · · · 20% of the total units are designated for lower income households, or 10% of the total units are designated for very low income households, or 50% of the total units are designated for senior citizens. (b) Projects which meet the requirements set forth in this chapter shall qualify for a density bonus and at least one other concession or incentive unless the City adopts a written finding that the additional concession or incentive is not required in order to provide affordable housing costs as defined in Section 50052.5 of the Health and Safety Code, or the City shall provide other incentives of equivalent financial value based on the land cost per dwelling unit. (c) If a developer agrees to construct both 20 percent of the total units for lower income households and 10 percent of the total units for very low income households, the developer is entitled to one additional concession or incentive as identified in Section 8.16.050, and may at the discretion of the City receive more than one density bonus. Section 8.16.050. Concessions and Incentives. For the purposes of this chapter, concession or incentive means any of the following: (a) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required. (b) Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, /dboordl -3- office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. (c) Other regulatory incentives or concessions proposed by the developer or the city which result in identifiable cost reductions may include but are not limited to: (1) Certain City fees applicable to the restricted units in a project may be waived. Fees to be waived may be established by resolution of the City Council on a project by project basis, which may be amended from time to time. (2) A project which provides restricted units may be entitled to priority processing. Upon certifying that the application is complete and eligible for priority processing, a project would be immediately assigned to planning staff. The project would be processed by City staff in advance of all non- priority items. The project will then be reviewed for environmental impacts; and, upon completion of the environmental review process, the project would be noticed and scheduled for the next available meeting of the Planning Commission and/or City Council thereafter. When more than one project qualifying for priority processing is applied for at the same time, first priority will be given to the project whose application was determined to be complete earlier. Section 8.16.060. Waiver or Modification of Development and Zoning Standards. (a) An Applicant may request a modification of the following development and zoning standards where such waiver or modification is necessary to make the provision of restricted units economically feasible. (1) reduce site development standards, e.g. street widths or paving, curbs/gutters, placement of public works improvements, landscaping; (2) modify zoning code requirements, e.g. open space, minimum lot size, side yard setbacks, parking standards; and (b) The request shall be accompanied by information sufficient to show the City the waiver or modification is necessary to make the restricted units economically feasible. Section 8.16.070. General Requirements. (a) Restricted units must remain affordable or restricted to senior citizens for 30 years from the date of final occupancy clearance if both a density bonus and additional incentive are granted. If only a density bonus is granted, the restricted units shall remain affordable or restricted to senior citizens for 10 years. Affordability of restricted units shall be maintained longer if financing or subsidy programs for the project designate a longer preservation period. /dboordl -4- (b) Dublin residents will have first preference for restricted units; second preference will be given to Dublin employees; third preference shall be given to those who need to move to Dublin to be near Dublin residents or services; and fourth preference shall be given to those who live outside Dublin. (c) Requirements for restricted units shall be established as conditions of project approval. Evidence of compliance with the conditions of this ordinance shall be in the form of an Affordable Housing Agreement between the applicant and the City Manager completed prior to issuance of any project building permits. The agreement shall indicate the household type, number, location, size and construction scheduling of all restricted units, the original sales prices of ownership units and the original rental rates of rental units as agreed upon by the developer and the City Manager, and any other information required by the City to determine the Applicant's compliance with the conditions. The agreement shall be recorded as a deed restriction prior to issuance of any project building permits and shall run with the land encompassed by the project for a period of 10 or 30 years, or longer, as provided in Subsection a. (d) Restricted units in a project and phases of a project shall be constructed concurrently with or prior to the construction of non- restricted units. (e) Restricted units shall be provided as follows: · Such units shall be dispersed throughout the project. Such units shall include all unit types represented in the project and said unit types shall be provided in the same proportion as in the project as a whole. (f) The applicant shall submit a project financial report (pro forma) along with the application for the project to allow the City to evaluate the financial need for the additional incentives. The City may retain a consultant to review the financial report. The cost of the consultant shall be borne by the applicant with the following exception: If the applicant is a non profit organization, the cost of the consultant may be paid by the City upon prior approval of the City Council. (g) The City may contract with the Dublin Housing Authority, Alameda County Housing AuthoritY or other similar entity to administer the rental and sales provisions of this chapter. (h) The City Council, by resolution, may establish the amount of fees to be charged to applicants and/or project owners for administration of this chapter. Section 8.16.080. Requirements for Rental Housing Projects. (a) Ail restricted units shall be occupied by the household type specified in the agreement required under Section 8.16.070(c). (b) Those units targeted for lower-income households shall be affordable at a rent that does not exceed 30 percent of 60 percent of /dboordl the Alameda County median income adjusted for household size, or as modified by State law. (c) Those units targeted for very low-income households shall be affordable at a rent that does not exceed 30 percent of 50 percent of the Alameda County median income adjusted for household size, or as modified by State law. (d) The City shall be responsible for obtaining and verifying information with respect to the qualifications of prospective and current tenantS, including, but not limited to, information relating to applications, income and eligibility. The City shall maintain a list of qualified applicants for the duration of the program. (e) Income limits shall be adjusted at periodic intervals as new tables are published by HUD. (f) When the eligibility of the tenants has been assured to the satisfaction of the City, the City Manager shall prepare a certification indicating that the applicant or project owner has complied with the requirements of this section. Section 8.16.090. Requirements for Owner-Occupied Housinq. (a) Ail purchasers of restricted units shall be senior citizens or first time home buyers. (b) Purchasers shall be required to occupy the unit unless evidence is presented to the City that the owner is unable to continuously occupy the unit due to illness or incapacity. In such cases, the City may approve rental of the unit to the same household type as the owner. An Owner as a result of a form of transfer pursuant to Section 8.16.100(e) may rent the restricted unit provided the rental conforms to the Affordable Housing Agreement addressed in Section 8.16.070(c) and to the provisions of Section 8.16.080. (c) The owner of a restricted unit, on its sale or resale, shall sell the unit to a household in the same category. Lower income households may only sell the unit to a household which meets the income limits for a lower income household. Very low income households may only sell the unit to a household which meets the income limits for a very low income household. Senior households may only sell the unit to another senior household. The sales price of restricted units assigned to very low income and low income households shall not be in excess of the maximum sales price set by the City Manager. (d) Prior to offering a restricted unit for sale, the owner shall send a written Notice of Intent to Sell to the City Manager. The City Manager will then notify the owner of the current maximum sales price. Prior to the close of the sale, the owner shall notify the City Manager of the proposed sales price, who shall review the application to assure conformance with this chapter. (e) Closing costs and title insurance shall be paid pursuant to the custom and practice in Dublin at the time of opening of escrow. No charges or fees shall be imposed by the seller on the purchaser of /dboordl -6- a restricted unit which are in addition to or more than charges imposed upon purchasers of market rate units, except for administrative fees charged by the City. (f) The purchaser of a restricted unit shall verify on a form acceptable to the City that the unit is being purchased for the purchaser's principal residence, or that if this unit ceases to function as his or her principal residence, it will either be sold according to the requirements of Section 8.16.090 or rented to an eligible household according to the requirements of Section 8.16.080. Section 8.16.100. Control of resale of affordable units. In order to maintain the availability of restricted units which may be constructed pursuant to the requirements of this Chapter, the City shall impose the following resale conditions on approval of any project for which restricted units are required under this Chapter: (a) The sales price received by the owner of a restricted Affordable Unit shall be limited to the fair market value as determined by an appraisal paid for by the owner multiplied times a factor representing the purchase price paid by the owner of the restricted unit divided by the market sales price of an identical unit in the same development at the time of purchase. An example of this calculation is shown in Attachment 2. If the appraisal is unacceptable to the City Manager, the City Manager may have another appraisal performed by another qualified real estate appraiser mutually agreed upon by the City and owner, which appraisal will be considered by the City in determining the sales price. All costs required to obtain such appraisal shall be borne by the owner. The City Manager shall insure that the purchase price of a restricted affordable unit does not exceed an amount which is affordable to a family of four belonging to the income category to which the restricted unit was originally assigned. (b) A for-sale restricted unit may appreciate only to the upper limit of affordability for the income group to which the restricted unit was assigned. The determination of affordability shall be based on the maximum monthly mortgage payment that a household of four in a given income category can pay as determined by the methodology shown in Attachment 2. Any appreciation above that point will not be added to the sales price of the restricted unit. (c) Limitations on resale prices of ownership restricted units shall apply only to restricted units assigned to very low income and low income households and shall not be applied to restricted units assigned to senior citizens. (d) The City Manager shall be responsible for monitoring the resale of restricted units. (e) The following transfers of title or any interest therein are not subject to the provisions of this section: transfers by inheritance to the purchaser-owner's spouse or off-spring; transfers of title to a spouse as part of a divorce or dissolution proceeding; acquisition of title or interest therein in conjunction with marriage; provided, however, that the Affordable Housing Agreement required by /dboordl -7- Section 8.16.070(c) shall continue to run with the land following such transfers. Section 8.16.110. Application Procedure. (a) An aPplicant may submit to the Planning Department a preliminary proposal for the development of housing pursuant to this chapter prior to the submittal of any formal project application. The City shall, within 90 days of receipt of a preliminary proposal, proVide the applicant in writing, comments and preliminary evaluation of the project. The preliminary proposal is not an application for purposes of the Permit Streamlining Act deadlines, and any comments or preliminary evaluations do not bind future City actions. (b) Formal application shall be according to the review process stated in the City of Dublin Municipal Code or Zoning Ordinance (for the particular application being filed) and shall provide the following additional information: 1. A written statement specifying the desired density increase, incentive requested and the number, type, location, size and construction scheduling of all dwelling units. 2. A project financial report (pro forma), if required pursuant to Section 8.16.070(f). 3. Any other information requested by the Planning Director to implement this Chapter. Section 8.16.120. Conflict of Interest. Following are those persons who, by virtue of their position or relationship, are found to be ineligible to purchase or rent a restricted unit as their residence: (a) Ail employees and officials of the City of Dublin who have, by the authority of their position, policy making authority or influence affecting City housing programs. (b) The Applicant or Project Owner. Section 8.16.130. Violations. (a) It shall be unlawful for any person, firm, corporation, partnership or other entity to violate any provision or to fail to comply with any of the requirements of this Chapter. A violation of any of the provisions or failing to comply with any of the requirements of this Chapter shall constitute a misdemeanor; except that notwithstanding any other provisions of this Code, any such violation constituting a misdemeanor under this Chapter may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction. (b) Any person convicted of an infraction under the provisions of this Code, unless provision is otherwise herein made, shall be punishable as provided by the Government Code of the State of California. /dboordl -8- Section 8.16.140. Enforcement. (a) The provisions of this Chapter shall apply to all agents, successors and assigns of an applicant. No building permit or occupancy permit shall be issued, nor any development approval be ~granted which does not meet the requirements of this Chapter. The City Manager may suspend or revoke any building permit or approval upon finding a violation of any provision of this chapter. (b) The City Manager is designated to be the enforcing authority. (c) In the event it is determined that rents in excess of those allowed by operation of this Chapter have been charged to a tenant residing in a restricted rental unit, the City may take the appropriate legal action to recoVer, and the project owner shall be obligated to pay to the tenant or to the City in the event the tenant cannot be located, any excess rents charged. Section 8.16.150. Appeals. Any person aggrieved by any action or determination of the City Manager under this ordinance may appeal such action or determination to the City Council in the manner provided in Section 1.04.050 of the Municipal Code." Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective date and posting of Ordinance. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this 9th day of December, 1991. AYES: Councilmembers Burton, Howard, Jefferey, Moffatt and Mayor Snyder NOES: None ABSENT: None Cit~ Cler~ /dboordl -9- ATTACHMENT 1 City of Dublin Density Bonus Calculation (Example for Illustrative Purposes Only) Land Use Designation and Zoning: Permitted Density: Property Size: Maximum Units at Permitted Density Units Affordable to Target Households (20% for lower-income HH's) (72 x .20 = 14.4); round up (restricted units) Density Bonus Units (at 30%) (72 x .3 = 21.6); round up Total Project Units with 30% Density Bonus: Residential: Multifamily 18 du/ac 4 acres 72 units 15 units 22 units 72 base units + 22 density bonus units 94 total units (79 units at market rate, 15 restricted units with restricted rents/sales prices) ATTACHMENT 2 The maximum price of a restricted ownership unit affordable to a low income household with four members in Alameda County is $114,897, and the maximum price of a restricted ownership unit affordable to a very-low income household with four members in Alameda County is $71,811, based upon the following method for determining maximum affordable housing costs: LOW INCOME a ~ Low income definition (80% of Alameda County's median income for a household with four members) = $37,450. b· $37,450 is the income to be used in determining maximum affordable price. C · $37,450 + 12 X .3 = $936, maximum monthly mortgage payment which does not exceed 30% of gross income (property taxes, utilities and insurance not included). de $936 payment at 10.25% fixed rate, 30-year term and 10% down payment = $114,897 mortgage, using a standard mortgage payment table. VERY LOW INCOME a · Very low income definition (50% of Alameda County's median income for a household with four members) = $23,400. be $23,400 is the income to be used in determining maximum affordable price. C · $23,400 + 12 X .3 = $585, maximum monthly mortgage payment which does not exceed 30% of gross income (property taxes, utilities and insurance not included). d, $585 payment at 10.25% fixed rate, 30-year term and 10% down payment = $71,811 mortgage, using a standard mortgage payment table. Sample Calculation of Sales Price Where the purchase price of a restricted unit assigned to the Low Income category is $114,897 in 1991, and the market sales price of an identical unit in the same development in 1991 is $150,000, the factor to be used to multiply times a future market price to determine the maximum price affordable to a household of four in the Low Income group is 114,897 + 150,000 or .766. If the market sales price of the restricted unit in 1996 is $193,500, the maximum sales price of the restricted unit in 1996 is $193,500 X .766 or $148,221. Example of Adjustment to Sales Price of Ownership Restructed Unit: Sales Price as determined by Section 8.16.100(a) $100,000 Value of qualified improvements for which written documentation is provided as appraised New Roof Irrigation System Restuccoing of entire home Permanent spa in ground $ 8,200 1,150 3,700 4,650 $117,700 /hsngord2