HomeMy WebLinkAbout6.2 AffordHousInLieuFees CITY CLERK
File # 430-20 & 450-20
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 7, 2002
SUBJECT: PUBLIC HEARING - PA 01-038 & PA 01-014, Amendments to
the Inclusionary Zoning Regulations and adopting-an
Affordable Housing Priority Areas Policy and amendments to
In-Lieu Fees
Report Prepared by: Eddie Peabody Jr., Community Development
Director
ATTACHMENTS: 1. City Council Resolution No. 182-01 expressing the 'City
Council's intent to amend the City of Dublin Inclusionary
Housing Ordinance as currently codified in Dublin Municipal
code Chapter 8.68
2. Ordinance amending Chapter 8.66 of the Dublin Municipal Code
related to the Inclusionary Zoning Regulations as recommended
by Staff consistent with City Council Resolution 182-01
3. Planning Commission recommendations that the City Council
adopt an Ordinance Amending Chapter 8.66 of the Dublin
Municipal code related to the Inclusionary Zoning Regulations
with revisions to Staff recommendations
4. Memorandum to City Council from Planning Commission
regarding consideration of waiving fees
5. City Council Resolution No. 131-01
6. Resolution amending Resolution No. 131-01 establishing the
method for determining the amount of Housing In-lieu fees
7. Chart comparing Livermore and Pleasanton Affordable Housing
requirements with proposed Dublin requirements
8. Planning Commission Resolution No. 02-22 recommending that
the City Council adopt an Affordable Housing Priority Area
Policy
9. Resolution adopting an Affordable Housing Priority Area Policy
as noted in Exhibit A.
COPIES TO: Inclusionary Work Group
In-House Distribution
g APA\01-038\ccsr 5 -7 ~~'
ITEM NO. ~
RECOMMENDATION: 1. Open public hearing
2. Receive Staff presentation
3. Receive public comment
4. Close public hearing
5. Deliberate
6. Waive the reading and introduce Ordinance as recommended by
Staff (Exhibit A to Attachment 2) amending Chapter 8.66 of the
Dublin Municipal Code related to the Inclusionary Zoning
Regulations, in accordance with City Council Resolution 182-01,
and setting the 2nd reading for May 21, 2002; or
7. Waive the reading and introduce Ordinance as recommended by
planning Commission (Exhibit B to Attachment 3) amending
Chapter 8.66 of the Dublin Municipal Code related to the
Inclusionary Zoning Regulations and setting the 2nd reading for
May 21, 2002.
8. Adopt Resolution (Attachment 6) amending Resolution 13 !-01
establishing the method for determining the amount of Housing
In-lieu fees.
9. Adopt Resolution (Attachment 9) adopting an Affordable
Housing Priority Area Policy as noted in Exhibit D to
Attachment 9
10. Review Planning Commission memorandum to City Council
regarding waiver of development fees for affordable units
(Attachment 4)
FINANCIAL STATEMENT: Increase in In-lieu fees for affordable housing units and developer
subsidies to construct mandated affordable housing units in place of
market priced housing
DESCRIPTION:
At the June 5, July 17 and October 16, 2001 City Council meetings, Staff was instructed to review the
present Inclusionary Zoning Ordinance regulations and the General Plan as they relate to affordable
housing requirements. The City Council adopted Resolution No. 182-01 on July 17, 2001 expressing the
City's intent to increase the percentage of affordable units and related changes to the Inclusionary Zoning
Ordinance in'an amount not to exceed 15% of all new housing units and to prohibit in-lieu fees for more
than one-half of the affordable inclusionary units. Such changes will require amendments to the City's
Housing Element and the Inclusionary Zoning Ordinance. Since August 2001, Staff has been working
with an Inclusionary Work Group that included representatives from the home building community, non-
profit housing industry and community activists. City Council members Oravetz and McCormick were
added to the Work Group in November 2001 to ensure City Council review. On March 5, 2002 the City
Council reviewed the proposed Inclusionary Zoning Ordinance changes and In-lieu fee changes and
instructed Staff to set public hearings on the changes. This report describes the proposed new
Inclusionary Zoning Ordinance amendments, in-lieu fees and a new Affordable Housing Priority Area
Policy.
BACKGROUND:
The present Inclusionary Zoning Ordinance is as follows:
1. All new residential projects of 20 or more units must set aside 5% of the units as affordable
units for 30 years. (Sections 8.68.050; 8,68.060.)
2
2. The 5% requirement is broken down as follows: 2% for Very low-income households, 2%
for low-income households and 1% for moderate-income households. (Section 8.68.050.)
3. The Ordinance applies to both ownership .and rental projects. (Section 8.68.050.)
4. Affordability must be ensured by agreements recorded against the property. (Section
8.68.070.)
5. A developer may meet the obligation in ways other than on-site construction of affordable
units. (Section 8.68.80.) The options include (a) off-site construction (Section
8.68.080(A)); (b) payment of an "in-lieu" fee, which the Council set as $2 square foot for
single-family and $1.50/square foot for multifamily (Section 8.68.080(A), Resolution No.
131-01; (c).land dedication (Section 8.68.080(C)); (d) other creative ways if approved by
the City Council (Section 8.68.080(D)); and (e) purchase of credits from another developer
who constructed more than its share of affordable units (Section 8.68.090).
6. Incentives can be offered to developers who construct inclusionary units on-site. (Section
8.68.110.) Incentives include (a) deferral of both processing fees and development impact
fees if deferral will increase the project's feasibility (8.68.110(C)(1)); (b) design
modifications (Section 8.68.110(C)(2)); and (c) priority processing (Section
8.68.110(C)(3)).
7. Affordable units may be smaller and may have fewer amenities (e.g., fireplaces, garbage
disposals, dishwashers, cabinet and storage space, and more than one bathroom) than
market rate units. (Section 8.68.060(C).)
Since August 2001, staff has worked with the Inclusionary Ordinance Work Group to explore various
alternative changes to the Ordinance in line with the City Council directives of last summer and fall.
Issues discussed included:
1. Determination of the percentage of very low, low and moderate housing required as a part of
required affordable housing.
2. Which future projects would be subject to new Inclusionary requirements
3. Other options if on-site affordable housing cannot be built (off-site construction, land and other
possibilities)
4. In-lieu fee requirements and methods of determining fair methods of evaluating market versus
affordable costs; fixed fee approach and differential fees based on higher fees for very low and
low income units versus moderate income units.
Additional discussions regarding new ordinance changes focuSed on:
1. What role requirements on new housing would have in relationship to possible non-residential
housing fees (commercial linkage) that were being studied at this time
2. The experience of Inclusionary Zoning requirements of nearby cities (Livermore, Pleasanton,
Union City, etc.) in requiring new affordable units and the level of their in-lieu requirements.
3. At what point would the required affordable housing construction costs and in-lieu fee
payments make new projects economically infeasible
4. Various proposals for reasonable in-lieu fees that might address the difference between the
market cost to build a certain size unit and the costs to build the same size unit to meet
affordable housing requirements.
Proposed Inclusionar~ Ordinance Changes as Recommended by Staff
With the assistance of the City Attorney, a draft new Inclusionary Zoning Ordinance and proposed in-lieu
fee structure was developed and reviewed by the Inclusionary Ordinance Work Group on January 22,
2002. The City Council also reviewed the proposed changes at their March 5, 2002 meeting. The features
of this ordinance and fee resolution are as follows:
3
1. All new residential projects of 20 or more units must construct 15% of the total number of
dwelling units as affordable for 30 years.
2. Affordable units shall be provided as follows:
· 30% very low income households
· 20% low income households
· 50% moderate income households
3. A fee in-lieu of building one-half of the required affordable units may be paid.
4. If affordable units cannot be built on-Site, the City Council may allow:
· Land dedication to the City or City designated local non-profit housing developer
large enough to accommodate the numbers of required affordable units;
· Construction of the affordable units off-site in a City Council approved site;
· Waive requirements and approve alternative methods of compliance;
5. Affordable units shOuld be made available to qualified persons based on the City's
Affordable Housing Program (see page 4 of draft ordinance)
6. Incentives to encourage on-site construction of affordable units in excess of 15% of the
total units may be offered and approved by the City Council (deferred fees, design
modifications, priority processing).
Planning Commission Recommendation
The Planning Commission at its April 23, 2002 meeting, voted 3-1 to recommend that the City Council
adopt the Inclusionary Ordinance with specific changes to the Staff recommended Ordinance (Attachment
3) as follOws:
1. The Planning Commission recommended reducing the inclusionary unit requirement from
15% to 10% with 7½% must-build requirement and 2½ % for in-lieu fees. Exhibit A to
Attachment 3 of the staff report contains the revisions proposed by the Planning
Commission.
2. The Planning Commission recommended revisions to Section 8.68.030 paragraph E, last
sentence, "All affordable units s~a!! will be reasonably dispersed throughout the project.
3. The Planning CommisSion recommended inclusion of the word "shall" in the first sentence
of Section 8.68.040:
"Exceptions to !~o/~ 10% Affordability Requirement. DevelOpers of projects
subject to 8.68.030.A shall construct 15% 10% of the total number of dwelling
units within the development as affordable units, unless subject to an exception set
forth in this section. All exceptions require City Council approval, which shall be
obtained at or prior to the last discretionary approval for the project."
4. The Planning Commission recommended revisions to Section 8.68.040 paragraph A as
follows:
"Payment of Fees In-Lieu of Creation of Affordable Units. Upon request of the
applicant, the City Council shall permit the applicant to pay a fee in lieu of
constructing up to ~.a!f one quarter of the affordable units that the developer would
otherwise be required to construct pursuant to section 8.68.030.A. The amount of
the fee shall be as set forth in a resolution of the City Council, which may be
amended from time to time to reflect inflation and changed conditions in the City
and the region. In-Lieu fees shall be paid at and the time and in the amount set
forth in the in-lieu fee resolution in effect at the time of issuance of the building
permit."
4
Additional Recommendation by Planning Commission to the City Council via Memorandum
The Planning Commission also instructed staff to include a brief memo (Attachment 4) to the City
Council regarding their concern that consideration should be given by the City to waive the required
processing and development impact fees (Section 8.68.070 (A 1 & 2)) for affordable units as an incentive
to produce the units. Staff reviewed the requirements of the Eastern Dublin Specific Plan and
Development Fee Resolutions that presently mandate that all development be required to pay these
charges. Given the present mandates, the Planning Commission voted 3-1 to bring this issue to the
Council's attention.
Staff Response to Planning Commission Memorandum:
It is City of Dublin policy that all new development pay for the impacts that it creates in the community.
This is also the policy included in the Eastern Dublin Specific Plan. Approval of the Planning
Commission recommendation would not only be inconsistent with City policy and inconsistent with the
Eastern Dublin Specific Plan, but also would result in the City's General Fund paying the development
impact fees that have been waived or there will be insufficient funding to build the required infrastructure.
Staff's recommended Ordinance does give the City Council the ability to defer City processing fees as
well as defer payment of impact fees.
Proposed In-Lieu Fee
The present Resolution No. 131-01 adopted by the City Council in July 2001 is based on a square foot
charge per market rate unit:
· $2.00 per square foot for a single-family unit
· $1.50 per square foot for a multi-family unit
This in-lieu fee allows developers to pay a fee rather than build affordable units. These fees have been
collected but no housing has been produced.
The premise for the proposed new in-lieu fee was based on these conclusions:
1. The new ordinance will mandate 15% of the units as affordable (7 ½% must-build units).
A substantial cost will be paid by the developer to build these units and subsidize the
difference between market and affordable price (3 bedrooms).
Example of 1,200 square foot for sale unit
Total cost to build $277,468
Potential sale prices to $205,292
affordable families based on
weighted average of moderate
(50%), low (20%), very low
(30%) maximum sales prices
Subsidy per unit by developer $ 72,176
2. In addition to the required 7.5% must-build affordable unit, the developer may elect to pay an
in-lieu fee for the remainder of the 7.5% required units. The 7.5% subsidy for built units and
the proposed in-lieu fee should not be so high as to eliminate the ability of the developer to
construct the project.
3. The City should adopt an in-lieu fee that is simple to explain and administer now. More
detailed evaluations of in-lieu fee changes can be made in the future when more experience
with market/affordable construction costs can be obtained.
The Work Group concluded that a simple comPutation for the in-lieu fee be based on an approach
patterned by several cities, including Livermore, be used. It would be based on the following:
1. The difference between market costs to construct a unit for sale of 1,200 square feet and the
price needed for an affordable moderate-income family of four to purchase that unit.
2. Based on the difference between his market cost for the 1,200 square foot and the affordable
moderate-income purchase price, the developer could not pay the total difference (estimated at
26% of the total cost of the unit) for all remaining market units.
3. The difference between market cost/affordable purchase price for the remaining required 7.5%
affordable units would be more appropriate; so the figure of $72,176 per unit for the remaining
7.5% of inclusionary required units is recommended.
A detailed comparison of the proposed in-lieu fee coupled with the required 7.5% mandatory affOrdable
units is shown in Attachment 7. A large-scale comparison of the present and proposed inclusionary
zoning ordinance affordable unit/in-lieu fee calculations is as follows:
2000 total single-family new units to be built in the future, with an average square footage of 2,000
per unit
>' Present Ordinance
5%-required, but in-lieu fee allowed
No affordable units built
2,000 square foot unit multiplied by $2.00 a
square foot at 2,000 units = $8,000,000 in-lieu fees
~ Proposed Ordinance
7.5% required units - 150 new affordable units
(50% moderate, 20% low, 30% very low)
In-lieu fee: 7.5% of required units =$10,826,400
150 x 72,176 per unit
The advantage of the proposed new in-lieu fee coupled with the new 7.5% required new affordable units
is:
The 7.5% of new units will be built.
6
· In-lieu fees will approximate present in-lieu fees.
· Developers can avoid in-lieu fees if they build the full 15% of total units.
Affordable Housing Priority Area Policy
At the July 17, 2001 City Council meeting, the City Council also approved an action to establish priority
areas for affordable housing in new developments in the City. As a result of Council's action, Staff has
reviewed undeveloped and underdeveloped land subject to the new Ordinance and, concurrently, has
begun to prepare the Land Inventory chapter for the General Plan 2002 Housing Element. Staff has
prepared a policy and map of priority areas for affordable housing in new developments in the City of
Dublin for Council consideration (Exhibit D to Attachment 9).
The Priority Area Policy includes:
· Purpose and Definition of Priority Areas for Affordable Housing
· What Criteria Should Be Used
· How City Staff Would Work with the Development CommunitY
The policy for Priority Areas for Affordable Housing would encourage affordable units to be built in the
following areas:
· Sites without entitlements under the Subdivision Map Act or other approval, as of October
16, 2001.
· ' Sitos with approved medium, medium high, and high-density residential and/or commercial
sites that allow mixed-use development, pursuant to the Dublin General Plan, specific
plans, or amendments. (The Policy may include areas that are subject to pre-zoning and
annexation.).
· Locations near public transportation, including Wheels bus service and BART.
· Locations near service, including grocery stores, other retail, schools, hospitals, parks, etc.,
to reduce dependence on automobiles, to reduce development costs associated with parking
facilities, to encourage inexpensive and nonpolluting alternative transportation~ to provide
efficient care to City of Dublin residents, including seniors and disabled persons, and to
provide public open space amenities to multi family housing residents.
· Sites convenient to job centers to promote a balance of jobs and housing.
In practice, the Priority Areas for the Affordable Housing Policy would apply to projects in the following
ways:
· The Inclusionary Zoning Ordinance applies to all residential developments of 20 units or
more, including but not limited to the areas represented on the Affordable Housing Priority
Areas map.
· Projects of 20 units or more proposed for Priority Area sites - or sites approved for
medium, medium high and high-density residential and/or commercial sites that allow
mixed-use development - would be encouraged to provide all of the required 15%
Inclusionary units on site.
· For projects of 20 units or more proposed for sites with low density, rural
residential/agriculture and/or single-family residential use, which are areas that are not
identified as Priority Areas, Staff would encourage the developer to provide required
Inclusionary Units on site, as well as explore alternatives available to the applicant, as
provided in the Inclusionary Zoning Ordinance.
· A statement describing the affordable housing component of a project would be a
requirement of all applications for residential development of 20 units or more.
Planning Commission Recommendation
The Planning Commission at its April 23, 2002 meeting recommended that the City coUncil adopt this
Policy.
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing, deliberate and:
1. Waive the reading and introduce Ordinance as recommended by Staff (Exhibit A to
Attachment 2) amending Chapter 8.66 of the Dublin Municipal Code related to the
Inclusionary Zoning Regulations, in accordance with City Council Resolution 182-01, and
setting the 2nd reading for May 21, 2002; or
2. Waive the reading and introduce Ordinance as recommended by Planning Commission
(Exhibit B to Attachment 3) amending Chapter 8.66 of the Dublin MUnicipal Code related
to the Inclusionary Zoning Regulations and setting the 2nd reading for May 21, 2002.
3. Adopt Resolution (Attachment 6) amending Resolution 131-01 establishing the method for
determining the amoUnt of Housing In-lieu fees
4. Adopt Resolution (Attachment 9) adopting an Affordable Housing Policy as noted in
Exhibit D to Attachment 9.
5. Review Planning Commission memorandum to City CoUncil regarding waiver of
development fees for affordable Units (Attachment 4)
g:\pa\O 1-038\ccsr 5-7
RESOLUTION NO. 182 - 01
A RESOLUTION OF THE CITY COUNCIL
O1' ~ CITY OF DUBLIN
EXPRESSING ~ CITY COIJNCIL'S INTENT TO AMEND
THE CITY OF DUBLIN INCLUSIONARY HOUSING ORDINANCE,
AS CURRENTLY CODIFIED IN DUBLIN MUNICIPAL CODE CHAPTER 8.68
WHEREAS, the City of Dublin Inclusionary Zoning Ordinance (Chapter 8.68 of the Municipal
Code) currently provides as follows:
1. That all new residential projects of 20 or more units must restrict 5% of the units as
affordable units for 30 years. (Sections 8.68.050; 8.68.060.)
2. · That the 5% restriction is broken down as follows: 2% must be for very low income
households, 2% must be for Iow income households and 1% must be for moderate income
households. (Section 8.68.050.)
3. That a developer may meet its obligation in ways other than on-site construction of
affordable units. (Section 8.68.080.) The options include (a) off-site construction (Section
8,68.080(A)); (b) payment of an "in lieu" fee, which the Council set as SI/square foot for single
family and $.75/sqUare foot for multifamily (Section 8.68.080(A); (c) land dedication (Section
8.68.080(C)); (d) other creative ways if approved by the Council (Section 8.68.080(1))); and (e)
purchase of credits from another developer who constructed more than its share of affordable units
(Section 8.68.090); and
WHEREAS, the City Council has indicated its intent to amend the lnclusionary Zoning Ordinance
to establish a city-wide affordable housing goal in an amount not to exceed 15% of new housing units and
to prohibit in-lieu fees from being used for more than one-half of the affordable/inclusionary units, as
previously expressed in Resolution No. 132-01, adopted by the City Council on July 17, 2001; and
WHEREAS, the intended changes to the Inclusionary Zoning Ordinance grew out of the Council's
consideration of the Affordable Housing Implementation Program at meetings on February 1, 2000,
October 3, 2000, February 6, 2001, June 5, 2001, June 19, 2001, and July 17, 2001. The proposed
increase in the affordable housing goal is based on information developed through the Affordable
Housing Implementation Program and the meetings at which it was considered. Furthermore, the
contemplated amendments would help the City meet its state-mandated affordable housing goals; and
· WHEREAS, the City Council's intent in adopting this resolution is that subsequent amendments
to the Inclusionary Zoning Ordinance shall apply to applications for discretionary approvals submitted or
deemed· complete after the adoption of this resolution and approved after the effective date of the
amendments; and
WHEREAS, the City Council adOpts this resolution, in part, pursuant to and in satisfaction of the
req~ments of California Government Code Section 66474.2(b).
ATTACHMENT[
NOW, THEREFORE, BE IT RESOLVED, that the City hereby imends to amend the Inclusionary
Zoning Ordinance (Municipal Code Chapter 8.68) to establish a city-wide affordable housing goal in an
amount not to exceed 15% of new housing units and to prohibit in-lieu fees from being used for more than
one-half of the affordable/inclusionary units.
PASSED, APPROVED AND ADOPTED this 16th day of October 2001, by the following vote:
AYES: Cotmcilmembers Lockhart, McComick, Oravetz, Zika and Mayor Houston
NOES: None
ABSENT: None
"~ MAYOR
VC f CL aC
Staff Recommendations
ORDINANCE NO. - 02
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 8.68 OF THE DUBLIN'
MUNICIPAL CODE RELATING TO INCLUSIONARY ZONING REGULATIONS
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Findings: The City of Dublin finds that:
A. The citizens of Dublin are experiencing a housing shortage for very low-, low- and
moderate-income households.
B. A goal of the Housing Element of the City's General Plan is to achieve a balanced
community with housing available for households of a range of income levels.
C. Persons with very low, low, and moderate incomes that currently live and/or work in the
City are increasingly unable to locate housing at prices they can afford, and often become excluded from
living in the City.
D. Federal and State housing subsidy programs are insufficient by themselves to satisfy the
housing needs of very low-, low- and moderate-income households.
E. The high cost of newly constructed housing does not, to any appreciable extent, provide '
housing affordable by very low-, low-, and moderate~income households, and continued new
development that does not include affordable housing will serve to further aggravate the current housing
shortage by reducing the supply of developable land.
F. It is a public purpose of the City, and a public policy of the State as mandated by the
requirements for a housing element of the City's General Plan, to make available an adequate supply of
housing for persons of all economic segments of the community.
Section 2. Amendment of Chapter 8. 68: Chapter 8.68, entitled "Inclusionary Zoning Regulations," of
the Dublin Municipal Code is amended to read as set forth in Exhibit A.
Section 3. Compliance with California Environmental Quality Act ("CEQA '~): The City Council
declares that this ordinance is exempt from CEQA based on the following findings: This ordinance is not
a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no
potential for resulting in physical change in the environment, directly or ultimately. This ordinance does
not, in itself, allow the construction of any building or structure. This ordinance, therefore, has no
potential for resulting in physical change in the environment, directly or ultimately.
Section 4. Severability: In the event any section or portion of this ordinance shall be determined
invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or
portions hereof shall remain in full force and effect.
Section'5: Savings Clause: All code provisions, ordinances, and parts of ordinances in conflict with
the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially
the same as existing code provisions relating to the same subject matter shall be construed as restatements
ATTACHMENT
and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued,
liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter,
ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining
any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal.
Section 6. 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
the 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 21st day of May
2002, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
G:pa\01-038\ccord
Exhibit A
CHAPTER 8.68 INCLUSIONARY ZONING REGULATIONS
8.68.010. Purpose. The purpose of this chapter is to:
A. enhance the public welfare and assure that further housing development contributes to the attainment
of the City's housing goals by increasing the production of residential units affordable by households
of very low, low, and moderate income.
B. assure that the limited remaining developable land in the City's planning area is utilized in a manner
consistent with the City's housing policies and needs.
8.68.020. Definitions. As used in this chapter, each of the following terms shall be defined as follows:
A. "Affordable Unit" means an ownership or rental-housing unit, including senior housing, affordable to
households with very-low, low, or moderate incomes as defined in this chapter.
1. Rental units are deemed affordable units if the annual rent does not exceed 30% of maximum
income level for very-low-, low-, and moderate-income households,, adjusted for household
size and as defined below.
2. Owner-occupied units are deemed affordable units if the sales price results in annual
mortgage payments that do not exceed 30% of maximum income level for very-low-, low-,
and moderate-income households, adjusted for household size and as defined below.
B. "Applicant" means any person, firm, partnership, association, joint venture, corporation, or any
entity or combination of entities that seeks city real property development permits or approvals.
C. "Dwelling unit" means a dwelling designed and intended for occupancy by one household.
D. "Very-low-, low-, and moderate-income levels" means those income and eligibility levels
determined periodically by the California Department of Housing and Community Development
based on Alameda County median income levels adjusted for family size. Such levels shall be
calculated on the basis of gross annual household income considering household size and number of
dependents, income of all wage earners, elderly or disabled family members, and all other sources of
household income and will be recertified as set forth by local standards, and state and federal housing
law.
1. "Very-low income" means 50% or less of the median income, adjusted for actual household
size.
2. "Low income" means more than 50% to 80% of the median income, adjusted for actual
household size.
3. "Moderate income" means more than 80% to 120% of the median income, adjusted for actual
household size.
E. "Resale controls and/or rent restrictions" means legal restrictions by which the affordable units shall
be restricted to ensure that the unit remains affordable to very-low-, low-, or moderate-income
households, as applicable, for a period of not less than 30 years. With respect to rental units, such
rent restrictions shall be in the form of a regulatory agreement recorded against the applicable
property. With respect to owner-occupied units, such resale controls shall be in the form of resale
restrictions, deeds of trust, and/or other similar documents recorded against the applicable property.
F. "Residential development" includes, without limitation, detached single-family dwellings, multiple-
dwelling structures, groups of dwellings, condominium or townhouse developments, condominium
conversions, cooperative developments, mixed use developments that include housing units, and
residential land subdivisions intended to be sold to the general public.
8.68.030. General Requirements
A. 15% Affordability Requirement. All new residential development projects of 20 units or more
designed and intended for permanent occupancy shall construct 15% of the total number of dwelling
units within the development as affordable units, except as otherwise provided by this chapter. The
foregoing requirement shall be applied no more than once to an approved development (and generally
at the tentative map stage), regardless of the changes in the character or ownership of the
development, provided the total number of units does not change. In applying and calculating the
affordability requirement, any decimal fraction less than or equal to 0.50 may be disregarded, and any
decimal fraction greater than 0.50 shall be construed as one unit.
B. Allocation of Units to Income Levels. Affordable units provided pursuant to this section shall be
allocated to households with very-low, low-, and moderate-income levels as follows:
Very-low-income households 30%
Low-income households 20%
Moderate-income households 50%
Where the calculation of the allocation results in fewer units that would otherwise be required
pursuant to subdivision A above, one additional unit should be allocated to the income level with a
decimal fraction closest to 0.50.
C. Conditions of Approval: Any tentative map, conditional use permit, or site development review
approving residential development projects subject to this chapter shall contain conditions sufficient
to ensure compliance with the provisions of this chapter. Such conditions shall detail the number of
affordable units required, specify the schedule of construction of affordable units, set forth the
applicant's manner of compliance with this chapter, and require the execution of an agreement
imposing appropriate resale controls and/Or rental restrictions on the affordable units.
D. Concurrent Construction. All affordable units in a project or phase of a project shall be constructed
concurrently with market-rate units, unless the City Manager determines in writing that extenuating
circumstances exist that make concurrent construction infeasible or impractical.
7-5'
E. Design and Distribution of Affordable Units. All affordable units shall reflect the range of
numbers of bedrooms provided in the project as a whole and shall not be distinguished by exterior
design, construction, or materials. Affordable units may be of smaller size than the units in the project
and may have fewer amenities than the market rate units in the project. All affordable units shall be
reasonably dispersed throughout the project.
8.68.040. Exceptions to 15% Affordability Requirement. Developers of projects subject to 8.68.030.A
shall construct 15% of the total number of dwelling units within the development as affordable
units, unless subject to an exception set forth in this section. All exceptions require City Council
approval, which shall be obtained at or prior to the last discretionary approval for the project.
A. Payment of Fees In-Lieu of Creation of Affordable Units. Upon request of the applicant, the City
Council shall permit the applicant to pay a fee in lieu of constructing up to half of the affordable units
that the developer would otherwise be required to construct pursuant to section 8.68.030.A. The
amount of the fee shall be as set forth in a resolution of the City Council, which may be amended
from time to time to reflect inflation and changed conditions in the City and the region. In-lieu fees
shall be paid at and the time and in the amount set forth in the in-lieu fee resolution in effect at the
time of issuance of the building permit.
B. Off-Site Projects. An applicant may construct the affordable units not physically within the
development in lieu of constructing some or all of the affordable units within the development, with
the approval of the City Council, if the City Council finds:
1. that construction of the units off-site in lieu of constructing units on-site is consistent with the
chapter's goal of creating, preserving, maintaining, and protecting housing for very low-, low-
and moderate-income households.
2. that the units to be constructed off site are consistent with section 8.68.030.E above
3. that it would be infeasible or impractical to construct affordable units on-site.
4. that conditions of approval for the project require that the off-site affordable units would be
governed by the terms of a deed restriction and, if applicable, rental restridtions similar to that
used for the on-site affordable units.
5. that the conditions of approval for the project, or other security such as a cash deposit, bond,
or letter of credit, are adequate to require the construction of the off-site affordable units
concurrently with the completion of the construction of the residential development or within
a reasonable period (not to exceed 5 years).
C. Land Dedication. An applicant may dedicate land to the City or city-designated local non-profit
· housing developer in lieu of construction of some or all of the required affordable units, if the council
finds that:
1. that dedication of land in-lieu of constructing units is consistent with the chapter's goal of
creating, preserving, maintaining, and protecting housing for very-low, low- and moderate-
income households.
2. that the dedicated land is large enough and appropriately zoned to accommodate the number
of units that the applicant would otherwise be required to construct by section 8.68.030.A, is
useable for its intended purpose, is free of toxic substances and contaminated soils, and is
fully improved, with infrastructure, adjacent utilities, grading, and all development-impact
fees paid excluding any inclusionary zoning ordinance fees.
3. that the developer has provided or will provide adequate security that the number of units that
the applicant would otherwise be required to construct pursuant to 8.68.030.A will be
constructed on the dedicated land.
D. Credit transfers. An applicant may fully or partially satisfy the requirements of section 8.68.030.A
through the use of transfer credits created pursuant to section 8.68.060. Credit certificates shall be
presented to the Community Development Director, who shall note at the time of project approval the
credit certificate by number. Credit certificates may only be used to satisfy the requirements for
Inclusionary Units for the income category (i.e., very low, low, or moderate) and number of
bedrooms for which they are issued.
E. Waiver of Requirements. The City Council, at its discretion, may waive, wholly or partially, the
requirements of this ordinanCe and approve alternate methods of compliance with this chapter if the
applicant demonstrates, and the City Council finds, that such alternate methods meet the purposes of
this chapter.
8.68.050. General Procedures for Implementing Inclusionary Zoning Requirements
A. Agreements. Prior to the issuance of a building permit for an affordable unit, resale restrictions or
rental controls, or both, as the case may be, shall be set forth in an agreement between the City and
the developer, in a form consistent with the City Council-adopted form agreement, which agreement
shall be recorded against the property containing the affordable units. The agreement shall be
executed by the City Manager, and its requirements shall run with the land and bind the applicant's
successors.
B. Rental Units; Occupancy; Annual Report. Agreements involving rental units shall require the
owner of the affordable units to ensure that the units are occupied by tenants whose monthly income
levels do not exceed moderate income levels and shall preclude tenants from subletting or subleasing
the unit. The agreement shall also require the owner of the affordable unit to submit an annual report
to the City Manager, in a format approved by the City. The report shall include, but not be limited to
the following information: an identification of the affordable units within the project; the monthly
rents charged and proposed to be charged; vacancy information for the prior year; and the monthly
income for tenants of each affordable unit throughout the prior year.
C. Ownership Units; Occupancy; citY's Right of First Refusal. Agreements for ownership units
shall specify that the inclusionary units must be occupied by the owner or owners and may not be
leased or rented without the written approval of the City. The resale restrictions shall provide that in
the event of the sale of an affordable unit, the City shall have the fight to purchase any affordable
owner-occupant unit at the maximum price that could be charged to an eligible household.
D. Selection Criteria. No household shall be permitted to occupy a unit that is required under this
chapter to be affordable unless the City or its designee has approved the household's eligibility.
4
Eligible potential occupants of affordable units will be qualified on the basis of household income,
the median combined household income statistics for Alameda County published periodically by the
California Department of Housing and Community Development, all sources of household income
and assets, the relationship between household size and the size of available units, and any further
criteria required by law. The developer shall use an equitable selection method established in
conformance with the terms of this chapter. The selection criteria may not distinguish between adults
and children. Selection of qualified person should be based on priorities established in the City's
Affordable Housing Program as noted below:
1. Dublin residents that are seniors
2. Dublin residents that are permanentlY disabled
3. Dublin residents and non-residents who are members of Dublin's workforce
4. Dublin residents with children
5. Other Dublin residents
6. Non-residents that are' seniors
7. Non-residents that are permanently disabled
8. Other non-residents.
To qualify as a "Dublin resident," the person shall have been a resident of the City of Dublin for at
least a one-year period prior to the eligibility determination.
8.68.060. Affordable Unit Credits.
A. Creation. Affordable unit credits may be created by the City Council. One affordable unit credit
certificate shall be issued for each affordable unit constructed in excess of the number of affordable
units required to be constructed for the project by Section 8.68.030.A. The certificate shall designate
a specific income category (i.e., very-low, low, or moderate income) and number of bedrooms for
which they are issued.
B. Ownership and use of credits. Affordable unit credit certificates are issued to and become the
possession of the project owner, who may then use them to satisfy the requirements of this chapter
for another project in the City. If a project owner proposes to sell credit certificates, the parties shall
first obtain the consent of the Community Development Director, who will document the transfer by
certificate number.
8.68.070. Incentives to Encourage On-Site Construction of Affordable Units. The City may, but shall
not be required to, offer incentives or financial assistance to encourage the on-site construction of
affordable units in excess of 15% of the total number of units in the project to the extent resources
for this purpose are available and approved for such use by the City Council or City Manager.
Such incentives may include; but shall not be limited to, the following:
A. Fee Deferral.
1. Development Processing Fees. The City Manager may approve deferred payment of City
processing fees applicable to the review and processing of the project. The terms and
payment schedule of the deferred fees shall be subject to the approval of the City Manager.
2. Development Impact Fees. The City Council may authorize the deferred payment of
development impact fees applicable to the affordable units. Approval of this incentive
requires demonstration by the Applicant that the deferral increases the project's feasibility.
The applicant must provide appropriate security to ensure future payment of such fees.
B. Design Modifications. The City Council may approve design modifications to affordable units that
increase the feasibility of the construction of affordable units, including but not limited to, the
following:
1. Reduced lot size.
2. Reduced setback requirements.
3. Reduced open space requirements.
4. Reduced landscaping requirements.
5. Reduced interior or exterior amenities.
6. Reduction in parking requirements.
7. Height restriction waivers.
8.68.080. Inclusionary Zoning In-Lieu Fee Fund. In-lieu Fees shall be deposited into a fund known as
the "Inclusionary Zoning In-Lieu Fees Fund" ("Fund").
A. Use. All monies in the Fund, together with any interest earnings on such monies less reasonable
administrative charges, shall be used or committed to use by the City for the purpose of providing
very-low, low-, and moderate-income ownership or rental housing in the City of Dublin.
B. Annual report. The City Manager shall prepare an annual report to the City Council identifying the
balance of monies in the Fund and the affordable units provided and any monies committed to
providing very-low-, low-, and moderate-income housing. The annual report shall also include a
review of administrative charges.
8.68.090. Violations. It shall be unlawful for any person, firm, corporation, partnership or other entity that
is subject to this ordinance pursuant to section 8.68.030.A 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
6
prosecuted as an infraction. Any person convicted of an infraction under the provisions of this
Code shall be punishable as provided by the Government Code of the State of California.
8.68.100. Enforcement.
A. General. The City Manager shall enforce this chapter, and its provisions shall be binding on all
agents, successors, and assigns of an applicant. The City Manager may suspend or revoke any
building permit or approval upon finding a violation of any provision of this chapter. No land-use
approval, building permit, or certificate of occupancy shall be issued for any residential development
unless exempt from or in compliance with this chapter. The City may institute any appropriate legal
actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions
to revoke, deny, or suspend any permit or development approval.
B. Excessive rents/legal action. If the City Manager determines that rents in excess of those allowed
by operation of this chapter have been charged to a tenant residing in an affordable unit, the City may
take 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.
8.68.110. Appeals. Decisions of the City Manager under this Chapter may be appealed as provided in
Chapter 8.136.
Planning Commission Recommendations
ORDINANCE NO. - 02
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 8.68 OF THE DUBLIN
MUNICIPAL CODE RELATING TO INCLUSIONARY ZONING REGULATIONS
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Findings: The City of Dublin finds that:
A. The citizens of Dublin are experiencing a housing shortage for very low-, low- and
moderate-income households.
B. A goal of the Housing Element of the City's General Plan is to achieve a balanced
community with housing available for households of a range of income levels.
C. Persons with very low, low, and moderate incomes that currently live and/or work in the
City are increasingly unable to locate housing at prices they can afford, and often become excluded from
living in the City.
D. Federal and State housing subsidy programs are insufficient by themselves to satisfy the
housing needs of very low-, low- and moderate-income households.
E. The high cost of newly constructed housing does not, to any appreciable extent, provide
housing affordable by very low-, low-, and moderate-income households, and continued new
development that does not include affordable housing will serve to further aggravate the current housing
shortage by reducing the supply of developable land.
F. It is a public purpose of the City, and a public policy of the State as mandated by the
requirements for a housing element of the City's General Plan, to make available an adequate supply of
housing for persons of all economic segments of the community.
Section 2. Amendment of Chapter 8. 68: Chapter 8.68, entitled "Inclusionary Zoning Regulations," of
the Dublin Municipal Code is amended to read as set forth in Exhibit A.
Section 3. Compliance with California Environmental Quality Act ("CEQA "): The City Council
declares that this ordinance is exempt from CEQA based on the following findings: This ordinance is not
a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no
potential for resulting in physical change in the environment, directly or ultimately. This ordinance does
not, in itself, allow the construction of any building or structure. This ordinance, therefore, has no
potential for resulting in physical change in the environment, directly or ultimately.
Section 4. Severability: In the event any section or portion of this ordinance shall be determined
invalid or unconstitutional, such section or portion shall be deemed severable and all other s~ections or
portions hereof shall remain in full force and effect.
Section 5: Savings Clause: All code provisions, ordinances, and parts of ordinances in conflict with
the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially
the same as existing code provisions relating to the same subject matter shall be construed as restatements
ATTACHMENT 3
and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued,
liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter,
ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining
any proper suit, action, or other proceedings, with respect to any such violation, fight, liability or appeal.
Section 6. Effective Date and Postin~ 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
the 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 21st day of May
2002, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
G:pa01-038\pc recomm ord to cc
Exhibit A
CHAPTER 8.68 INCLUSIONARY ZONING REGULATIONS
8.68.010. Purpose. The purpose of this chapter is to:
A. enhance the public welfare and assUre that further housing development contributes to the attainment
of the City's housing goals by increasing the production of residential units affordable by households
of very low, low, and moderate income.
B. assure that the limited remaining developable land in the City's planning area is utilized in a manner
consistent with the City's housing policies and needs.
8.68.020. Definitions. As used in this chapter, each of the following terms shall be defined as follows:
A. "Affordable Unit" means an ownership or rental-housing unit, including senior housing, affordable to
households with very-low, low, or moderate incomes as defined in this chapter.
1. Rental units are deemed affordable units if the annual rent does not exceed 30% of maximum
income level for very-low-, low-, and moderate-income households, adjusted for household
size and as defined below.
2. Owner-occupied units are deemed affordable units if the sales price results in annual
mortgage payments that do not exceed 30% of maximum income level for very-low-, low-,
and moderate-income households, adjusted for household size and as defined below.
B. "Applicant" means any person, firm, partnership, association, joint ventUre, corporation, or any
entity or combination of entities that seeks city real property development permits or approvals.
C. "Dwelling unit" means a dwelling designed and intended for occupancy by one household.
D. "Very-low-, low-, and moderate-income levels'"means those income and eligibility levels
determined periodically by the California Department of Housing and Community Development
based on Alameda County median income levels adjusted for family size. Such levels shall be
calculated on the basis of gross annual household income considering household size and number of
dependents, income of all wage earners, elderly or disabled family members, and all other sources of
household income and will be recertified as set forth by local standards, and state and federal housing
law.
1. "Very-low income" means 50% or less of the median income, adjusted for actual household
size.
2. "Low income" means more than 50% to 80% of the median income, adjusted for actual
household size:
3. "Moderate income" means more than 80% to 120% of the median income, adjusted for actual
household size.
E. "Resale controls and/or rent restrictions" means legal restrictions by which the affordable units shall
be restricted to ensure that the unit remains affordable to very-low-, low-, or moderate-income
households, as applicable, for a period of not less than 30 years. With respect to rental units, such
rent restrictions shall be in the form of a regulatory agreement recorded against the applicable
property. With respect to owner-occupied units, such resale controls shall be in the form of resale
restrictions, deeds of trust, and/or other similar documents recorded against the applicable property.
F. "Residential development" includes, without limitation, detached single-family dwellings, multiple-
dwelling structures, groups of dwellings, condominium or townhouse developments, condominium
conversions, cooperative developments, mixed use developments that include housing units, and
residential land subdivisions intended to be sold to the general public.
8.68.030. General Requirements
A. ~ Affordability Requirement. All new residential developm~ projects of 20 units or more
~i~ned and intended-for permanent occupancy shall construct i~i~ of the total number of dwelling
units within the development as affordable units, except as otherwise provided by this chapter. The
foregoing requirement shall be applied no more than once to an approved development (and generally
at the tentative map stage), regardless of the changes in the character or ownership of the
development, provided the total number of units does not change. In applying and calculating the
affordability requirement, any decimal fraction less than or equal to 0.50 may be disregarded, and any
decimal fraction greater than 0.50 shall be construed as one unit.
B. Allocation of Units to Income Levels. Affordable units provided pursuant to this section shall be
allocated to households with very-low, low-, and moderate-income levels as follows:
Very-low-income households 30%
Low-income households 20%
Moderate-income households 50%
Where the calculation of the allocation results in fewer units that would otherwise be required
pursuant to subdivision A above, one additional unit should be allocated to the income level with a
decimal fraction closest to 0.50.
C. Conditions of Approval: Any tentative map, conditional use permit, or site development review
approving residential development projects subject to this chapter shall contain conditions sufficient
to ensure compliance with the provisions of this chapter. Such conditions shall detail the number of
affordable units required, specify the schedule of construction of affordable units, set forth the
applicant's manner of compliance with this chapter, and require the execution of an agreement
imposing appropriate resale controls and/or rental restrictions on the affordable units.
D. Concurrent Construction. All affordable units in a project or phase of a project shall be constructed
concurrently with market-rate units, unless the City Manager determines in writing that extenuating
circumstances exist that make concurrent construction infeasible or impractical.
2
E. Design and Distribution of Affordable Units. All affordable units shall reflect the range of
numbers of bedrooms provided in the project as a whole and shall not be distinguished by exterior
design, construction, or materials. Affordable units may be of smaller size than the units in the project
and may have fewer amenities than the market rate units in the project. All affordable umts ~ be
reasonably dispersed throughout the project.
8.68.040. Exceptions to 19~ Affordabfilty Requirement. Developers of proJects subject to 8.68.030.A
construct '~ of the total number of dwelling units within the developn~ent as affordable
units, unless subject to an exception set forth in this section. All exceptions require City Council
approval, which shall be obtained at or prior to the last discretionary approval for the project.
A. Payment of Fees In-Lieu of Creation of Affordable Units. Upon request of the ~plicant, the City
Councd shall permit the apphcant to pay a fee ~n heu of constructing up to g of the
affordable units that the developer would otherwise be required to construct pursuant to section
8.68.030.A. The amount of the fee shall be as set forth in a resolution of the City Council, which
may be amended from time to time to reflect inflation and changed conditions in the City and the
region. In-lieu fees shall be paid at and the time and in the amount set forth in the in-lieu fee
resolution in effect at the time of issuance of the building permit.
B. Off-Site Projects. An applicant may construct the affordable units not physically within the
development in lieu of constructing some or all of the affordable units within the develoPment, with
the approval of the City Council, if the City Council finds:
1. that construction of the units off-site in lieu of constructing units on-site is consistent with the
chapter's goal of creating, preserving, maintaining, and protecting housing for very low-, low-
and moderate-income households.
2. that the units to be constructed off site are consistent with section 8.68.030.E above
3. that it would be infeasible or impractical to construct affordable units on-site.
4. that conditions of approval for the project require that the off-site affordable units would be
governed by the terms of a deed restriction and, if applicable, rental restrictions similar to that
used for the on-site affordable units.
5. that the conditions of approval for the project, or other security such as a cash deposit, bond,
or letter of credit, are adequate to require the construction of the off-site affordable units
concurrently with the completion of the construction of the residential development or within
a reasonable period (nOt to exceed 5 years).
C. Land Dedication. An applicant may dedicate land to the City or city-designated local non-profit
housing developer in lieu of construction of some of all of the required affordable units, if the council
finds that:
1. that dedication of land in-lieu of constructing units is consistent with the chapter's goal of
creating, preserving, maintaining, and protecting housing for very-low, low- and moderate-
income households.
3
2. that the dedicated land is large enough and appropriately zoned to accommodate the number
of units that the applicant would otherwise be required to construct by section 8.68.030.A, is
useable for its intended purpose, is free of toxic substances and contaminated soils, and is
fully improved, with infrastructure, adjacent utilities, grading, and all development-impact
fees paid excluding any inclusionary zoning ordinance fees.
3. that the developer has provided or will provide adequate security that the number of units that
the applicant would otherwise be required to construct pursuant to 8.68.030.A will be
constructed on the dedicated land.
D. Credit transfers. An applicant may fully or partially satisfy the requirements of section 8.68.030.A
through the use of transfer credits created pursuant to section 8.68.060. Credit certificates shall be
presented to the Community Development Director, who shall note at the time of project approval the
credit certificate by number. Credit certificates may only be used to satisfy the requirements for
Inclusionary Units for the income category (i.e., very low, low, or moderate) and number of
bedrooms for which they are issued.
E. Waiver of Requirements. The City Council, at its discretion, may waive, wholly or partially, the
requirements of this ordinance and approve alternate methods of compliance with this chapter if the
applicant demonstrates, and the City Council finds, that such alternate methods meet the purposes of
this chapter.
8.68.050. General Procedures for Implementing Inclusionary Zoning Requirements
A. Agreements. Prior to the issuance of a building permit for an affordable unit, resale restrictions or
rental controls, or both, as the case may be, shall be set forth in an agreement between the City and
the developer, in a form consistent with the City Council-adopted form agreement, which agreement
shall be recorded against the property containing the affordable units. The agreement shall be
executed by the City Manager, and its requirements shall run with the land and bind .the applicant's
successors.
B. Rental Units; Occupancy; Annual Report. Agreements involving rental units shall require the
owner of the affordable units to ensure that the units are occupied by tenants whose monthly income
levels do not exceed moderate income levels and shall preclude tenants from subletting or subleasing
the unit. The agreement shall also require the owner of the affordable unit to submit an annual report
to the City Manager, in a format approved by'the City. The report shall include, but not be limited to
the following information: an identification of the affordable units within the project; the monthly
rents charged and proposed to be charged; vacancy information for the prior year; and the monthly
income for tenants of each affordable unit throughout the prior year.
C. ~ Ownership Units; Occupancy; City's Right of First Refusal. Agreements for ownership units
shall specify that the inclusionary units must be occupied by the owner or owners and may not be
leased or rented without the written approval of the City. The resale restrictions shall provide that in
the event of the sale of an affordable unit, the City shall have the right to purchase any affordable
owner-occupant unit at the maximum price that could be charged to an eligible household.
D. Selection Criteria. No household shall be permitted to occupy a unit that is required under this
chapter to be affordable unless the City or its designee has approved the household's eligibility.
4
Eligible potential occupants of affordable units will be qualified on the basis of household income,
the median combined household income statistics published periodically by the California
Department of Housing and Community Development, all sources of household income and assets,
the relationship between household size and the size of available units, and any further criteria
required by law. The developer shall use an equitable selection method established in conformance
with the terms of this chapter. The selection criteria may not distinguish between adults and children.
Selection of qualified person should be based on priorities established in the City's Affordable
Housing Program as noted below:
1. Dublin residents that are seniors
2. Dublin residents that are permanently disabled
3. Dublin residents and non-residents who are members of Dublin's workforce
4. Dublin residents with children
5. ' Other Dublin residents
6. Non-residents that are seniors
7. Non-residents that are permanently disabled
8. Other non-residents.
To qualify as a "Dublin resident," the person shall have been a resident of the City of Dublin for at
least a one-year period prior to the eligibility determination.
8.68.060. Affordable Unit Credits.
A. Creation. Affordable unit credits may be created by the City Council. One affordable unit credit
certificate shall be issued for each affordable unit constructed in excess of the number of affordable
units required to be constructed for the project by Section 8.68.030.A. The certificate shall designate
a specific income category (i.e., very-low, low, or moderate income) and number of bedrooms for
which they are issued.
B. Ownership and use of credits. Affordable unit credit certificates are issued to and become the
possession of the project owner, who may then use them to satisfy the requirements of this chapter
for another project in the City. If a project owner proposes to sell credit certificates, the parties shall
first obtain the consent of the Community Development Director, who will document the transfer by
certificate number.
8.68.070. Incentives to Encourage On-Site Construction of Affordable Units. The City may, but shall
not be required to, offer incentives or financial assistance to encourage the on-site construction of
affordable units in excess of 15% of the total number of units in the project to the extent resources
for this purpose are available and approved for such use by the City Council or City Manager.
Such incentives may include, but shall not be limited to, the following:
A. Fee Deferral.
1. Development Processing Fees. The City Manager may approve deferred payment of City
processing fees applicable to the review and processing of the project. The terms and
payment schedule of the deferred fees shall be subject to the approval of the City Manager.
2. Development Impact Fees. The City Council may authorize the deferred payment of
development impact fees applicable to the affordable units. Approval of this incentive
requires demonstration by the Applicant that the deferral increases the project's feasibility.
The applicant must provide appropriate security to ensure future payment of such fees.
B. Design Modifications. The City Council may approve design modifications to affordable units that
increase the feasibility of the construction of affordable units, including but not limited to, the
following:
1. Reduced lot size.
2. Reduced setback requirements.
3. Reduced open space requirements.
4. Reduced landscaping requirements.
5. Reduced interior or exterior amenities.
6. Reduction in parking requirements.
7. Height restriction waivers.
8.68.080. Inclusionary Zoning In-Lieu Fee Fund. In-lieu Fees shall be deposited into a fund known as
the "Inclusionary Zoning In-Lieu Fees Fund" ("Fund").
A. Use. All monies in the Fund, together with any interest earnings on such monies less reasonable
administrative charges, shall be used or committed to use by the City for the~purpose of providing
very-low, low-, and moderate-income ownership or rental housing in the City of Dublin.
B. Annual report. The City Manager shall prepare an annual report to the City Council identifying the
balance of monies in the Fund and the affordable units provided and any monies committed to
providing very-low-, low-, and moderate-income housing. The annual report shall also include a
review of administrative charges.
8.68.090. Violations. It shall be unlawful for any person, firm, corporation, partnership or other entity that
is subject to this ordinance pursuant to section 8.68,030.A 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, Any person convicted of an infraction under the provisions of this
Code shall be punishable as provided by the Government Code of the State of California.
8.68.100. 'Enforcement.
A. General. The City Manager shall enforce this chapter, and its provisions shall be binding on all
agents, successors, and assigns of an applicant. The City Manager may suspend or revoke any
building permit or approval upon finding a violation of any provision of this chapter. No land-use
approval, building permit, or certificate of occupancy shall be issued for any residential development
unless exempt from or in compliance with this chapter. The City may institute any appropriate legal
actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions
to revoke, deny, or suspend any permit or development approval.
B. Excessive rents/legal action. If the City Manager determines that rents in excess of those allowed
by operation of this chapter have been charged to a tenant residing in an affordable unit, the City may
take 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.
8.68.110. Appeals. Decisions of the City Manager under this Chapter may be appealed as provided in
Chapter 8.136.
g: pa\01-038\pc recom ord to cc
Community Development Department
Planning Division
MEMORANDUM
DATE: April 30, 2002
TO: City Council
FROM: Planning Commission
SUBJECT: Additional Remarks - Amendments to the Inclusionary Zoning
Regulations/City Council meeting of May 7, 2002
In addition to the specific recommendations made by the Planning Commission regarding this
Ordinance change to the City Council; this memo approved by a 3-1 vote at the Planning Commission
meeting of April 23, 2002 is transmitted to you for your consideration. The majority of the Planning
Commission members present wish to express their concern that the City Council consider waiving the
required processing and development impact fees (Section 8.68.070 A 1 & 2) for all affordable units
that would be built within a development as an incentive to the developer to produce these units.
The majority opinion felt that this reduction in fees would greatly reduce the difference in the costs of
market units versus affordable unit construction. Staff did review the present mandated requirements
for fees now required by the Eastern Dublin Specific Plan and the potential consequences of waiving
these fees on other present & future development in Eastern Dublin. Notwithstanding, the Planning
Commission voted to bring this issue to the Council's attention.
G:\pa01-038~rnemo to cc re fee waiver
ATTACHMENT 4
RESOLUTION NO. 131 - 01
A RESOLUTION OF THE CITY COUNCIL '
OF THE CITY OF DUBLIN
AMENDING RESOLUTION NO. 57-97 ESTAB!J.qH1NG THE METHOD
FOR DETERMINING THE AMOUNT OF HOUSING IN-LIEU FEES (PA 01-014)
WHEREAS, on luly 9, 1996, the City Council adopted Ordinance 14-96, the Inclusionary Zoning
Ordinance; and
WHEREAS, Section $.24.080 (B) of the proposed Inciusionary Zoning Ordinance provided the
option of paying a fee in-lieu of constructing Inclusionary Units ("In-Lieu Fee"), and stated that the City
Council shall establish the mount of the In-Lieu Fee by resolution; and
wHEREAS, the City Council on June 11, 1996, adopted Resolution 80-96 establishing a method
for determining the amount of the In-Lieu Fee; and
WHEREAS, the City Council on ]~anuary 21, 1997, directed Statfto prepare a revised me~hod for
determining the ~mount of the In-Lieu Fee whereby the fee will be charged only for habitable areas of
residences, specifically excluding garages and that the in-lieu fee be paid for each dwelling unit at the time
the building permit is issued for that dwelling unit; and
WHEREAS, on May 20, 1997, the City Council approved an amendment to the Inclusionary
Zoning Ordinance revising the methodology for determining the amount ofthe In-Lieu Fee for each
residential development project (City Council Resolution No. 57-97); and
WHEREAS, a Negative Declaration of Environmental Impact was prepared pursuant to the California
Environmental Quality Act (CEQA), State CEQA Guidelines, and the City of Dublin CEQA Guidelines, and -
was adopted for the Inclusionary Zoning Ordinance on June 11, 1996; and
WHEREAS, the Negative Declaration adopted on June. 11, 1996, addressed all impacts of the
Inclusionary Zoning Ordinance, which includes the in-lieu fee option, and the Inclusionary Zoning
Ordinance amendments 0fMay 20, '1997, addressing the in-lieu fee methodology revisions; and
WltEREAS, on February 6, 2001, the City Council approved the Affordable Housing
Implementation Plan (AI-IIP) that sets forth policy guidelines and programs for funding and developing
affordable housing in Dublin; and
WHEREAS, the AHIP includes a funding option of doubling the City's current housing in-lieu fee
mount to $2.00 per square foot for single family detached units, and $1.50 per square foot for multi-
family attached units; and
WHEREAS, at the Febmaxy 6, 2001 City Council meeting, the City Council directed staffto
amend Resolution No. 57-97 establishing the methodology for determining the amount of in-lieu fees
whereby the existing fee ($.75 cents per square foot for each multi-family unit and $1.00 per square foot
for each single family unit) Would be doubled; and
WHEREAS, Pure,ant to the California Environmental Quality ACt (CEQA), this proj~'t is within the
scope of the ccatified Inclusionary Zoning Ordinance Negative Declaration dated June 11, 1996. The Negative
Declaration covered the parameters of the Inclusionary Zoning Ordinance, including the fee option in lieu of
constructing the housing and annual fee adjustment criteria.
BE IT F1LIRTI~ER RESOLVED TItAT ~ Dublin City Council does hereby amend Resolution
No. 57-97 establishing the methodology for determining the amount of the In-Lieu Fee for each residential
development project subject to the requirements of the Inclusionary Zoning Regulations of the Dublin
Zoning Ordinance, as follows:
1. The In-Lieu Fee shall be based upon a charge of $1.50 per habitable square foot for multi-family (attached
unit) developments, and $2.00 per habitable square foot for single family (detached unit) developments.
2. The In-Lien Fee shall be calculated based on the habitable square feet of each dwelling unit, excluding
garages.
3. There shall be no per-unit maximum for the In-Lieu Fee.
4. The In-Lieu Fee per habitable square foot shall be adjusted annually on luly t~t to reflect the greater of the
percentage change either in a.) the Bay Area Urban Consumer Price Index (CPI) as of March of each year, or b.)
the United States Department of Housing and Urban Development (HUD) Fair Market Rent Limits for the
Oakland Primary Metropolitan Statistical Area (PMSA) that are in effect at the time2 The In-Lieu Fee may also
be adjusted as necessary for changing conditions in the City.
5. The In-Lieu Fee shall be paid for each dwelling unit at the time the building permit is iSSUed for that dwelling
unit.
The above methodology for determining the amount of the In-Lieu Fee for each development project
subject to the requirements of the Inclusionary Zoning Regulations shall take effect as of July 17, 2001.
PASSED, P~PPROVEI) AND ADOPTED this 17~ day of July, 2001.
AYES: Conneilmembers Loekhart, l~leCormiek, Oravetz, Zika and Mayor ]touston
NOES: None
AB SENT: None
ABSTAIN: None ~..,~ ~ .
ATTEST:. Q~iayor
K2/G/7.17-01/res0 ffublefees, d°c (Item 6.4 #1)
g;~pa 01-014 ce reso - doubling in-lieu fees
RESOLUTION NO. -02 ~'~ 4 '~/
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING RESOLUTION NO. 131-01 ESTABLISHING THE METHOD FOR DETERMINING
THE AMOUNT OF HOUSING IN-LIEU FEES (PA 01-014)
WHEREAS, on July 9, 1996, the City Council adopted Ordinance 14-96, the Inclusionary Zoning
Ordinance; and
WHEREAS, Section 8.24.080 (B) of the proposed Inclusionary Zoning Ordinance provided the
option of paying a fee in-lieu of constructing Inclusionary Units ("In-Lieu Fee"), and stated that the City
Council shall establish the amount of the In-Lieu Fee by resolution; and
WHEREAS, the City Council on June 11, 1996, adopted Resolution 80-96 establishing a method for
determining the amount of the In-Lieu Fee; and
WHEREAS, the City Council on July 17, 2001, directed Staff to prepare a revised method for
determining the amount of the In-Lieu Fee; and
WHEREAS, on July 21,2001, the City Council approved an amendment to the Inclusionary Zoning
Ordinance revising the methodology for determining the amount of the In-Lieu Fee for each residential
development project (City Council Resolution No. 131-01); and
WHEREAS, a Negative Declaration of Environmental Impact was prepared pursuant to the California
Environmental Quality Act (CEQA), State CEQA Guidelines, and the City of Dublin CEQA Guidelines, and
was adopted for the Inclusionary Zoning Ordinance on June 11, 1996; and
WHEREAS, the Negative Declaration adopted on June 11, 1996, addressed all impacts of the
Inclusionary Zoning Ordinance, which includes the in-lieu fee option, and the Inclusionary Zoning Ordinance
amendments of May 20, 1997, addressing the in-lieu fee methodology revisions; and
WHEREAS, on February 6, 2001, the City Council approved the Affordable Housing
Implementation Plan (AHIP) that sets forth policy guidelines and programs for funding and developing
affordable housing in Dublin; and
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby amend Resolution
No. 131-01 establishing the methodology for determining the amount of the In-Lieu Fee for each residential
development project subject to the requirements of the Inclusionary Zoning Regulations of the Dublin Zoning
Ordinance, as follows:
1. The In-Lieu fee shall be based on a charge of $72, 176 per unit for each residential unit required but
not built in a project of 20 units or more under the provisions of the City's Inclusionary Zoning
Ordinance as shown on Exhibit A.
2. The In-Lieu fee is based upon the difference between the cost to construct a 1,200 sq. ft. moderate
income for sale unit and the market cost to build that unit as determined by the City as of May 7,
2002.
3. The In-lieu fee per unit shall be adjusted annually on July 1 to reflect the greater of the percentage
change either in a) the Bay Area Urban Consumer Price Index (CPI) as of March of each year, or b)
the United States Department of Housing and Urban Development (HUD) Fair market Rent limits
ATTACHMENT 6
for the Oakland Primary Metropolitan Statistical Area (PMSA) that are in effect at the time. The In-
Lieu Fee may also be adjusted as necessary for changing conditions in the City.
4. The total In-Lieu fees for a specific project shall be paid at the time of issuance for the first building
permit for that project.
5. The above methodology for determining the amount of the In-Lieu Fee for each development
project subject to the requirements of the Inclusionary Zoning Regulations shall take effect as of
May 7, 2002.
PASSED, APPROVED AND ADOPTED this 7th day of May 2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:\pa 01-038\ccreso in-lieu fees
May 7, 2002
New Inclusionary In Lieu Fee
Construction costs $ 96,000
Land, Site Dev., Admin.~ $ 126,900
Plan Check/Building Permits $ 2,075
City/Subregional Impact Fees2 $ 45,868
School Impact Fee3 $ 6,625
Total Cost $ 277,468
Max Purchase Price4 $ 205,292
X Difference (Total Cost - Max. PurchaSe Price) $ 72,176
General Model Assumptions 2001
~ameda county Medium Income $ 71,600
Very low income (family of four) $ 35,800 ~ ' 50% of
Low income (family o£four) $ 57,280 ~ · 80% of
Moderate income (family of four) $ 85,920 ~ 120% of
Inclusionary requiremem (percent of project at BMR) 15.0%
· Dedication obligation 7.5%
Max In-Lieu fee option 7.5%
Sales price for-sale unit, family of four~ $ 277,468
Construction costs per square foot $ 80.00
1,200
Size of unit (habitable area in fte )~
Land, Site Dev. & Admin. asa percent of fair market sales price 45*%
Distribution of BMR needs7 30%
Very'Low Income 20%
Low Income - 50%
Moderate Income
Home Lo~ n and Payment Assumptions 30.0%
Percentag~ of gross income dedicated to housing costs 30-year fixed
Term 7.00%
Interest rate 5.0%
Down Payment 1.0%
Annual Property tax
Monthly homeowners insurance premium ($500/yr.) $ 42
$ 100
Monthly utility costs (HUD standard?)
NOTES:
~ Equals 45+% of fair market sales price ~ $277,468
~ 'Source: City of Dublin, '~Pennit and Impact Fee Schedule for New RESIDENTIAL Developments EFFECTIVE October 10, 2001"
· ~ Based on "Medium Density Residential" SFD unit on 3,500 fi: lot.
4 Weighted average value based on ABAG BMR distribution and maximum purchase price for Vet Low, Low and Moderate income
households.
s Source: Dublin Affordable Housing In Lieu Fee. ealculatmn, dtstnbuted at 9/28/01 meeting.
s Source: "DubtinAffordableHousingln-LieuFee" calculation distributed at 9/2.8/01 meeting.
one bedroom ~ 144 fi:; two bedrooms em ~ 100 fi:; one bathroom ~ 100 ftz; one bathroom ~ 60~; kitchen ~ 100 fi:; one
dining area ~ 100 fi:; living area ~ 100 fi:; living area ~ 256 fff; hallways, closets, utility ~ 240
7 Association ofBayAreaGovemments, Regional Housing Needs Determination 1999'-2006
g:Ahousing~in¢lusionary~inolhmgin-lieu feetbl2
INCLUSIONARY ORDIANCE COMPARISONS
CITIES Percentage of Development Required to Length of Restriction In Lieu Fee Required
Below Market Rate (BMR)
PLEASANTON 15% for multi family development 30 years, each resale $1,054 per multi family unit*
20% for single family development starts another 30 years $3,160 per single family unit*
LIVERMORE** 10% of development 55 years 10% of the difference between the cost for a market rate unit
and the maximum price for BMR unit. Example single-family
unit market rate value $250,223; maximum low-income price
for BMR $130,492 =fee is $11,973 per unit. No multi family
rate was established.
DUBLIN 15% of development- 7.5% must be built 30years $72,176 per required affordable unit not built
PROPOSED
PLEASANTON LIVERMORE (other provisions) DUBLIN (other provisions)
1. Very low, low and moderate-income ** All residential development to date has City Council has ability to modify very low, Iow and
breakdown is handled on a case by case provided units instead of asking to pay fees because moderate income breakdown
basis agreed to in an Affordable Housing of the quota-like system for allowing development.
Agreement. Due to this growth management plan, developers
2. *In lieu fees are waived for the following: try to provide proposals the city will view
)~ If multi unit development has all. favorably. Producing affordable units is viewed
BMR units for low and very low more in line with their policy than paying a in lieu
income, fees are waived for entire fee
project
)~ If single family and multi family If units are built, in lieu fees are waived
development with moderate
income BMR, fees are waived for
the BMR units ONLY
Alternatives to BMR units on site or fees Alternatives to BMR units on site or fees Alternatives to BMR units on site or fees
1. Off site development of affordable 1. Provision of secondary units on a lot (up to 1. BMR units on site or fees
housing 20% of requirement) is allowed for BMR 2. Land dedication at value of affordable units
2. Land dedication to City or non profit units required (City Council approved)
developer, land to be ready for 2. Off site construction of affordable housing 3. Offsite construction of affordable housing
development 3. Land dedication in development ready (city Council approved)
condition 4. in lieu fees (City Council approved)
g:\pa\01-0138\inclusionary ord comparisons
RESOLUTION NO. 02 - 22
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL APPROVE AN
AFFORDABLE HOUSING PRIORITY AREAS POLICY
WHEREAS, on May 28, 1996, the City Council of the City of Dublin found that a limited and
finite amount of land remains for development of housing in the City and the extended planning area; and
WItEREAS, on May 28, 1996, the City Council adopted the Inclusionary Zoning Ordinance,
Section 8.68 of the Dublin Municipal Code, and found that the purpose of Inclusionary Zoning is to assure
that further housing development contributes to the attainment of the housing goals of the City by
increasing the production of residential units affordable to households of very low, low and moderate.
income; and
WHEREAS, October 16, 2001, the City Council approved Resolution 182-01, which expressed
City Council's Intent to Amend the Inclusionary Zoning Ordinance and established a Citywide affordable
housing goal in an amount not to exceed 15% of new housing units and to prohibit in-lieu fees from being
used for more than one-half of the affordable/inclusionary units; and
WHEREAS, the Intent to Amend the Inclusionary Zoning Ordinance established the date of
October 16, 2001, on or after which date project applications received or deemed complete by the
Community Development Department would be subject to the amended Ordinance; and
WHEREAS, the Planning Commission has determined that the attached Affordable Housing
Priority Areas meet the criteria of sites that are decentralized, sites with proposed Medium, Medium-High
and High density residential use, sites with approved Mixed-Use Commercial use, sites near public
transportation, sites near services, sites convenient to job centers, and sites where affordable housing is
encouraged; and
WHEREAS, it is important to assure that the remaining developable land is utilized in a manner
consistent with the City's housing policies and needs of the City.
NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby
recommend that Council adopt the Affordable Housing Priority Area Policy as set forth in Exhibit B.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Dublin on
this 23rd day of April 2002.
ATTACHMENT
AYES: Cm. Johnson, Musser, Fasulkey
NOES: Cm. Jennings
ABSENT: Cm. Nassar
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
CITY OF DUBLIN
AFF O RD AB LE H O U SIN G
PRIORITY AREAS
It is the policy of the City Council of the City of Dublin to encourage the location of affordable housing
development in the following undeveloped or underdeveloped sites within the City, in compliance with
the Inclusionary Zoning Ordinance. This policy is advisory to new development projects and
informational to the preparation of the Dublin 2002 Housing Element.
Definition of Affordable Housing Priority Areas
- Those sites which are undeveloped or underdeveloped, as of October 16, 2001 and after.
pUrpose
- to represent the Undeveloped or underdeveloped areas were affordable housing is encouraged in a
map format
- to advise and to encourage the appropriate and harmonious siting of affordable housing to meet the
City's housing goals
- to promote affordable housing that is decentralized and available to persons throughout the City
- to direct Staff to work with the Development Community to locate appropriate affordable housing
sites, in compliance with the Inclusionary Zoning Ordinance
- to direct Staff's work updating the General Plan's 2002 Housing Element
Location
- a map of the Priority Areas for Affordable Housing shall be made. available to all interested
parties. City Staff shall assist in determining the location of Priority Areas for Affordable Housing.
Criteria
sites without entitlements under the Subdivision Map Act or other approval, as of October 16,
2001
- sites with approved medium, medium high, and high-density residential and/or commercial sites
that allow mixed-use development, pursuant to the Dublin General Plan, specific plans, or
amendments (The Policy map includes areas that are subject to pre-zoning and annexation.)
locations near public transportation, including Wheels bus service and BART
locations near services, including grocery stores, other retail, schools, hospitals, parks, etc., to
reduce dependence on automobiles, to reduce development costs associated with parking facilities,
to encourage inexpensive and nonpolluting alternative transportation, to provide efficient medical
care to City of Dublin residents, and to provide public open space amenities to multi-family
housing residents.
sites convenient to job centers to prOmote a balance of jobs and housing
How City Staff Would Work with the Development Community
The Inclusionary Zoning Ordinance applies to all residential developments of 20 units or more,
including but not limited to thc areas represented on the Affordable Housing Priority Areas map.
Projects of 20 units or more proposed for Priority Area sites - or sites approved for medium,
medium high and high density residential and/or commercial sites that allow mixed use
development - would be encouraged to provide all of thc required Inclusionary units on site.
- For projects of 20 units or more proposed for sites with low density, rural residential/agriculture
and/or single family residential use, which arc areas that are not identified as Priority Areas, Staff
would encourage the developer to provide required Inclusionary Units on site, as well as explore
alternatives available to thc applicant, as provided in the Inclusionary Zoning Ordinance.
- A statement describing the affordable housing component of a project would be a requirement of
all applications for residential development of 20 units or more.
Map:
- Affordable Housing Priority Areas Map attached.
G:XPA#L2001 \01-038\pc reso 3 priority area. DOC
CITY OF DUBLIN
PRIORITY AREAS FOR
AFFORDABLE HOUSING
MAP DATE: APRIL 17, 2002
RESOLUTION NO. - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AFFORDABLE HOUSING PRIORITY AREAS POLICY
WHEREAS, on May 28, 1996, the City Council of the City of Dublin found that a limited and
finite amount of land remains for development of housing in the City and the extended planning area; and
WltEREAS, on May 28, 1996, the City Council adopted the Inclusionary Zoning Ordinance,
Section 8.68 of the Dublin Municipal Code, and found that the purpose of Inclusionary Zoning is to assure
that further housing development contributes to the attainment of the housing goals of the City by
increasing the production of residential units affordable to households of very low, low and moderate
income; and
WltEREAS, October 16, 2001, the City Council approved Resolution 182-01, which expressed
City Council's Intent to Amend the Inclusionary Zoning Ordinance and established a Citywide affordable
housing goal in an amount not to exceed 15% of new housing units and to prohibit in-lieu fees from being
used for more than one-half of the affordable/inclusionary units; and
WBEREAS, the Intent to Amend the Inclusionary Zoning Ordinance established the date of
October 16, 2001, on or after which date project applications received or deemed complete by the
Community Development Department would be subject to the amended Ordinance; and
WItEREAS, the Planning Commission has determined that the attached Affordable Housing
Priority Areas meet the criteria of sites that are decentralized, sites with proposed Medium, Medium-High
and High density residential use, sites with approved Mixed-Use Commercial use, sites near public
transportation, sites near services, sites convenient to job centers, and sites where affordable housing is
encouraged; and
WltEREAS, it is important to assure that the remaining developable land is utilized in a manner
consistent with the City's housing policies and needs the City; and
WltEREAS, the Planning Commission recommended that the City Council approve an Affordable
Housing Priority Area Policy at its April 23, 2002 meeting.
NOW TItEREFORE BE IT RESOLVED that the City Council of the City of Dublin hereby
adopts the Affordable Housing Priority Area Policy as set forth in Exhibit A.
PASSEl), APPROVEI) ANl) AI)OPTEI) by the City Council of the City of Dublin on this 7th
day of May 2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
K2[G/5-7-02/resO-hsng-priOrity.dOc (Item 6.2 ) ATTACHMENT 9
AFFORDABLE HOUSING
PRIORITY AREAS
It is the policy of the City Council of the City of Dublin to encourage the location of affordable housing
development in the following undeveloped or underdeveloped sites within the City, in compliance with
the Inclusionary Zoning Ordinance. This policy is advisory to new development projects and
informational to the preparation of the Dublin 2002 Housing Element.
Definition of Affordable Housing Priorit~ Areas
- Those sites which are undeveloped or underdeveloped, as of October 16, 2001 and after.
Purpose
to represent the undeveloped or underdeveloped areas were affordable housing is encouraged in a
map format
to advise and to encourage the appropriate and harmonious siting of affordable housing to meet the
City's housing goals
to promote affordable housing that is decentralized and available to persons throughout the City
- to direct Staff to work with the Development Community to locate appropriate affordable housing
sites, in compliance with the Inclusionary Zoning Ordinance
- to direct Staff's work updating the General Plan's 2002 Housing Element
Location
- a map of the Priority Areas for Affordable Housing shall be made available to all interested
parties. City Staff shall assist in determining the location of Priority Areas for Affordable Housing.
Criteria
- sites without entitlements under the Subdivision Map Act or other approval, as of October 16,
2001
sites with approved medium, medium high, and high-density residential and/or commercial sites
that allow mixed-use development, pursuant to the Dublin General Plan, specific plans, or
amendments (The Policy map includes areas that are subject to pre-zoning and annexation.)
locations near public transportation, including Wheels bus service and BART
locations near services, including grocery stores, other retail, schools, hospitals, p~ks, etc., to
reduce dependence on automobiles, to reduce development costs associated with parking facilities,
to encourage inexpensive and nonpolluting alternative transportation, to provide efficient medical
care to City of Dublin residents, and to provide public open space amenities to multi-family
housing residents.
- sites convenient to job centers to promote a balance of jobs and housing
How 'City Staff Would Work with the Development Community
- The Inclusionary Zoning Ordinance applies to all residential developments of 20 units or more,
including but 'not limited to the areas represented on the Affordable Housing Priority Areas map.
Projects of 20 units or more proposed for Priority Area sites - or sites approved for medium,
medium high and high density residential and/or commercial sites that allow mixed use
development - would be encouraged to provide all of the required Inclusionary units on site.
For projects of 20 units or more proposed for sites with low density, ~ rural residential/agriculture
and/or single family residential use, which are areas that arc not identified as PriOrity Areas, Staff
would encourage the developer to provide required Inclusionary Units on site, as well as explore
alternatives available to the applicant, as provided in the Inclusionary Zoning Ordinance.
- A statement describing thc affordable housing component of a project would be a requirement of
all applications for residential development of 20 units or more.
Map:
- Affordable Housing Priority Areas Map attached.
G:\PA#L2001\01-038\pc reso 3 priority area. DOC
CITY OF DUBLIN
AFFORDABLE HOUSING
PRIORITY AREAS
It is the policy of the City Council of the City of Dublin to encourage the location of affordable housing
development in the following undeveloped or underdeveloped sites within the City, in compliance with
the Inclusionary Zoning Ordinance. This policy is advisory to new development projects and
informational to the preparation of the Dublin 2002 Housing Element.
Definition of Affordable Housing Priori~, Areas
- Those sites which are undeveloped or underdeveloped, as of October 16, 2001 and after.
Purpose
to represent the undeveloped or underdeveloped areas were affordable housing is encouraged in a
map format
to advise and to encourage the appropriate and harmonious siting of affordable housing to meet the
City's housing goals
to promote affordable housing that is decentralized and available to persons throughout the City
- to direct Staff to work with the Development Community to locate appropriate affordable housing
sites, in compliance with the Inclusionary Zoning Ordinance
- to direct Staff's work updating the General Plan's 2002 Housing Element
Location
- a map of the Priority Areas for Affordable Housing shall be made available to all interested
parties. City Staff shall assist in determining the location of Priority Areas for Affordable Housing.
Criteria
sites without entitlements under the Subdivision Map Act or other approval, as of October 16,
2001
sites with approved medium, medium high, and high-density residential and/or commercial sites
that allow mixed-use development, pursuant to the Dublin General Plan, specific plans, or
amendments (The Policy map includes areas that are subject to pre-zoning and annexation.)
locations near public transportation, including Wheels bus service and BART
- locations near services, including grocery stores, other retail, schools, hospitals, parks, etc., to
reduce dependence on automobiles, to reduce development costs associated with parking facilities,
to encourage inexpensive and nonpolluting alternative transportation, to provide efficient medical
care to City of Dublin residents, and to provide public open space amenities to multi-family
housing residents.
- sites convenient to job centers to promote.a balance of jobs and housing
EXH BtT /:7
How City Staff Would Work with the Development Communi .ty
The Inclusionary Zoning Ordinance applies to all residential developments of 20 units or more,
including but not limited to thc areas represented on thc Affordable Housing Priority Areas map.
Projects of 20 units or more proposed for Priority Area sites - or sites approved for medium,
medium high and high density residential and/or commercial sites that allow mixed usc
development - would be encouraged to provide all of the required Inclusionary units on site.
- For projects of 20 units or more proposed for sites with low density, rural residential/agriculture
and/or single family residential use, which are areas that are not identified as Priority Areas, Staff
would encourage the developer to provide required Inclusionary Units on site, as well as explore
alternatives available to the applicant, as provided in thc Inclusionary Zoning Ordinance.
- A statement describing thc affordable housing component of a project would be a requirement of
all applications for residential development of 20 units or more.
Map:
Affordable Housing Priority Areas Map attached.
G:\PA#\2001\01-038\pc reso 3 priority area. DOC
J~