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HomeMy WebLinkAbout8.2 Anderson Property GP SUBJECT: A TT ACHMENTS: CITY CLERK File # D~[I]~-[3J[{l] L/-IO,55 AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 17,2007 Initiation of a General Plan Amendment and Eastern Dublin Specific Plan Amendment Study for the Anderson property located at 3457 Croak Road. Report Prepared by: Jeff Baker, Senior Planner 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 5) FINANCIAL STATEMENT: Resolution approving initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study. Resolution denying initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study. Vicinity Map. Braddock & Logan Affordable Housing Proposal - October 18 2005. City Council Staff Report (w/out Attachments) of October 18,2005. City Council Meeting Minutes of October 18,2005. City Council Staff Report (w/out Attachments) of June 5, 2007 City Council Meeting Minutes of June 5, 2007 Project proposal and letter from the Applicant dated March 19, 2007. Eastern Dublin Specific Plan Land Use Map. Receive Staff presentation; Receive presentation from Applicant; Receive public comment; and Adopt Resolution (Attachment 1) approving initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study; or Adopt Resolution (Attachment 2) denying initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study. The cost to prepare the General Plan and Eastern Dublin Specific Plan Amendment shall be borne by the affected property owner who has requested this amendment. COPIES TO: ------------------------------------------------------------------------------------------------------------ Applicant Property Owner Page 1 of 4 ITEMNO.i.l G:\PA#\2005\05-038 B&L Stage 2 Fallon Village\Anderson\ccsr 7.17.07 gpa spa request.doc o PROJECT DESCRIPTION: Background The Anderson property is located north of Interstate 580 and east of Croak Road in Fallon Village (formerly EDPO) and included within the Eastern Dublin Specific Plan (Attachment 3). In December 2005, a General Plan Amendment, Eastern Dublin Specific Plan Amendment (Resolution No. 223-05), and Stage 1 Planned Development Rezone (Ordinance No. 32-05) was adopted by the City Council for Fallon Village which includes the Anderson property. The following General Plan and Specific Plan land use designations were adopted at that time for the Anderson property: Table 1 ecific Plan land Use us Office Acrea e 7 ac 34.2 ac 9.1 ac 50.3 ac Positano Affordable Housing Obligation Braddock & Logan's Positano development is located east of Fallon Road within the northern portion of Fallon Village (Attachment 3) and consists of 1,043 single-family detached residential units. In accordance with the Inclusionary Zoning Regulations (Zoning Ordinance Chapter 8.68), the Positano development has a requirement to provide 130 affordable units. Total Inclusionary Inclusionary Units Requirement Units 1,043 12.5% 130 Table 2 Braddock & Logan prepared an Affordable Housing Proposal (Attachment 4) to address the affordable housing obligation for the Positano development which was reviewed by the City Council on October 18, 2005. This Affordable Housing Proposal included: . 88 off-site affordable apartments located on the Anderson property; . 26 on-site affordable integrated units within the Positano development; . 26 on-site secondary units within the Positano development; and . $1,000,000 Community Benefit Payment. Please refer to Table 3 for a summary of the affordable units proposed for construction as part of the Affordable Housing Proposal for the Positano development. a e : or a e ousmg roposa cto er , Unit Type Ownership Income Level Size of Units Affordability /Rental Period 88 Apartments* 50% moderate All Rental 20% low 2 bedroom! In perpetuity 30% very low 2 bath 26 Single-family For sale 50% moderate Same mix of In perpetuity detached Units 20% low bedroom size as T bl 3 Af~ d bl H P lOb 18 2005 Page 2 of 4 Unit Type Ownership Income Level Size of Units Affordability /Rental Period 30% very low market rate units 50% moderate All 26 Secondary Units Rental 20% low 1 bedroom! In perpetuity 30% very low 1 bath 130 Total Units * Includes 9 units to satisfy the Inclusionary Zoning requirements for the Anderson property & 1 manager's unit as defined in the Braddock & Logan's Affordable Housing Proposal. Staff presented Braddock & Logan's Affordable Housing Proposal to the City Council on October 18, 2005, and requested direction from the City Council on how to proceed with the proposal. The City Council reviewed the proposal and directed Staff to work with Braddock & Logan to refine the proposal (Attachment 5) as follows: 1) Study the feasibility of integrating the 88 affordable apartment units into a larger project on the Anderson property; 2) Work on timing issues and obtain the necessary security to ensure completion of the project on the Anderson property; 3) Include landscaping for the rear yards of the affordable units and use energy-efficient measures in the homes to reduce the cost of housing; and 4) Incorporate green building principles, as practical. At that meeting, the City Council described that the integration of the 88 affordable apartments units proposed for the Anderson parcel should be developed as a mixed-income project with market-rate units. Since the October 18, 2005 City Council meeting, Staff and Braddock & Logan have worked to refine the proposal in accordance with the direction from the City Council. Due to uncertainties about the off-site affordable units on the Anderson property, Braddock & Logan proposed a phased approach to the affordable obligation to allow the initial phases of Po sita no to move forward. On June 5, 2007, the City Council approved an Affordable Housing Agreement (Attachments 7 and 8) for the first phase of Positano which consists of 247 lots. The agreement requires Braddock & Logan to provide 31 on-site affordable units in this first phase. The Affordable Housing obligation for the 31 affordable housing units will be satisfied with a combination of both integrated units, secondary units and the payment of in-lieu fees. In order to address the affordable obligation for subsequent phases of Positano, Braddock and Logan has submitted a request to initiate a General Plan and Eastern Dublin Specific Plan Amendment Study for the Anderson property (Attachment 9). The Applicant proposes to amend the General Plan and Specific Plan land use designation of the Anderson property from Medium Density to Medium-High Density in order to address the direction from the City Council to integrate market rate units with the proposed affordable units. ANALYSIS: General Plan and Specific Plan Amendment Braddock & Logan's Affordable Housing Proposal includes 88 units (87 affordable units and 1 manager's unit) to be constructed on the Anderson property to satisfy the remaining affordable housing obligation for the Positano development. As noted above, the City Council directed Staff to work with the Applicant Page 3 of4 to study the feasibility of incorporating market rate units into the proposed project on the Anderson property. The current General Plan and Eastern Dublin Specific Plan Land Use Designation for the Anderson property is Medium Density. The Medium Density land use designation permits a maximum of 98 residential units on the Anderson property as shown in Table 4 below: General Plan/Specific Plan land Use Acreage Density Range Min-Max Density Medium Density (current designation) 7 ac 6.1-14.0 units/ac 42-98 units Medium-High Density (proposed designation) 7ac 14.1-25.0 units/ac 99-175 units Table 4 Braddock & Logan proposes to study the feasibility of a 108-unit apartment project on the Anderson property to address the direction of the City Council to incorporate market rate units with the 88 affordable units. However, the 108 residential units exceed the allowable maximum density for the site. Therefore, Braddock & Logan is requesting Initiation of a General Plan and Specific Plan Amendment Study to change the land use designation from Medium Density to Medium-High Density (Table 4) to allow 108 residential units on the Anderson property (Attachment 9). The request to initiate General Plan and Specific Plan Amendment Study includes a conceptual Site Plan and Building Elevations (Attachment 9). If the City Council initiates the General Plan and Specific Plan Amendment Study, the conceptual Site Plan and Building Elevations would be subject to a Planned Development Rezone with Stage 1 and 2 Development Plan and Site Development Review. The Planned Development Rezone and Site Development Review Permit would be reviewed by the Planning Commission and the City Council at a later date. Therefore, no action by the City Council regarding the conceptual Site Plan and Elevations is required at this time. CONCLUSION: The City Council directed Staff to work with the Applicant to study the feasibility of incorporating market rate units into the proposed 88 unit affordable project on the Anderson property. The existing General Plan and Specific Plan land use designation allows a maximum of 98 units on the Anderson property. The proposed GP AlSP A Study would allow Staff and the Applicant to explore the feasibility of incorporating additional units on the Anderson property. If the City Council authorizes a General Plan and Eastern Dublin Specific Plan Amendment Study for the Anderson property, Staffwill: . Determine the appropriate environmental review; . Examine the proposed alternative density and determine if the density is appropriate based on City policies and standards; and . Prepare a Planned Development Rezone with Stage 1 and 2 Development Plan and Site Development Review for the proposed residential development on the Anderson property. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Receive presentation from Applicant; 3) Receive public comment; and 4) Adopt Resolution (Attachment 1) approving the request to Initiate a General Plan and Eastern Dublin Specific Plan Amendment Study; or 5) Adopt Resolution (Attachment 2) denying initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study. Page 4 of 4 1141 RESOLUTION NO. - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE INITIATION OF A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY FOR THE ANDERSON PROPERTY LOCATED AT 3457 CROAK ROAD (APN 905-0001-006) WHEREAS, Mr. Jeff Lawrence, on behalf of Braddock & Logan Services, Inc., has submitted a request to consider a 108-unit residential apartment project on a 7-acre portion of the Anderson property located at 3457 Croak Road; and WHEREAS, the Anderson property has a current General Plan and Specific Plan land use designation of Medium Density which allows a maximum of98 dwelling units; and WHEREAS, the proposed 108-unit development exceeds the maximum density permitted in the General Plan and Eastern Dublin Specific Plan; and WHEREAS, in order to consider the additional residential units on the Anderson property, an amendment to the General Plan and the Eastern Dublin Specific Plan is required that would change the General Plan and Specific Plan land use designations from Medium Density to Medium-High Densi ty; and WHEREAS, additional entitlements including a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Site Development Review, and Development Agreement would need to be processed; and WHEREAS, the initiation request has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15306, Class 6 of the State CEQA Guidelines for basic data collection, research, and resource evaluation activities; and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS, the City Council did hear and consider all such reports, recommendations, and testimony hereinabove set forth, and supports the initiation of a General Plan and Eastern Dublin Specific Plan Amendment. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council does hereby approve the initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study to modify the land use designation from Medium Density to Medium-High Density for a residential property located at 3457 Croak Road. BE IT FURTHER RESOLVED that the Applicant shall pay for all processing costs involved with the General Plan and Specific Plan Amendment Study. PASSED, APPROVED AND ADOPTED BY the Dublin City Council on this 1 ih day of July 2007 by the following votes: --r-temtf 3.~ 7/, 'I/O l rv4 Attachment 1 0 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk G:\PA#\2005\05-038 B&L Stage 2 Fallon Village\Anderson\CC Resos Anderson GPASPA initiation.doc dJ';f L;Cj I I ;3 ,~JP If- c; -1 RESOLUTION NO. - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DENYING THE INITIATION OF A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY FOR THE ANDERSON PROPERTY LOCATED AT 3457 CROAK ROAD (APN 905-0001-006) WHEREAS, Mr. Jeff Lawrence, on behalf of Braddock & Logan Services, Inc, has submitted a request to consider a 108-unit residential apartment project on a 7-acre portion of the Anderson property located at 3457 Croak Road; and WHEREAS, the Anderson property has a current General Plan and Specific Plan land use designation of Medium Density which allows a maximum of98 dwelling units; and WHEREAS, the proposed 108-unit development exceeds the maximum density permitted in the General Plan and Eastern Dublin Specific Plan; and WHEREAS, in order to consider the additional residential units on the Anderson property, an amendment to the General Plan and the Eastern Dublin Specific Plan is required that would change the General Plan and Specific Plan land use designations from Medium Density to Medium-High Densi ty; and WHEREAS, additional entitlements including a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Site Development Review, and Development Agreement would need to be processed; and WHEREAS, the initiation request has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15306, Class 6 of the State CEQA Guidelines for basic data collection, research, and resource evaluation activities; and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS, the City Council did hear and consider all such reports, recommendations, and testimony hereinabove set forth, and supports the initiation of a General Plan and Eastern Dublin Specific Plan Amendment. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council does hereby deny the initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study to modify the land use designation from Medium Density to Medium-High Density for a residential property located at 3457 Croak Road. PASSED, APPROVED AND ADOPTED BY the Dublin City Council on this 1 ih day of July 2007 by the following votes: Attachment 2 AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk G:\P A#\2005\05-038 B&L Stage 2 Fallon Village\Anderson\CC Resos Anderson GP ASP A initiation.doc Mayor 4141 I ! ~ I ~ I : _-_-_-_-_-_-L_-_--= ! I ~ " I T ANDERSON PROPERTY - FALLON VILLAGE VICINITY MAP 193 I 3-0 MARCH 2007 -r-- I I I I I I I I I I I ENGINEERS PI..EASMlTON, rA. PlANNfP<; mACKAY &: som,s SURVEYORS (915) 125-0690 51 i;1 Attachment 3 ....,,~ ....... ---- -_..-- ..- , I I , '- , 1.;1 Braddock & Logan's Alfo rda b Ie Ho using Proposa 1 The following is Braddoclc and Logan's affordable housing proposal for meeting. the InclusioDill'Y Zoning requirett1ents set forth in Chapter 8.68. Braddock and Logan is proposing 10 bundle the following four proposals in order provide the highest number of units in the most logical place and to meet housing needs not currently being provided for in the City. Specially the four proposed programs are as follows: (1) 26Inte1!rated Units. This proposal would provide 26 units on the Bankhead property (at 30010 for Very Low; 20% Low, and 50% Moderate). These units would be integrated within the 4,000 square foot lots of Fallon Village and would be in identical in appearance, materials, and bedroom count and would be consistent with. every portion of the requirements of Chapter 8.68. . Timing Braddock and Logan would be agreeable to a condition of project approval that requires the developer to begin constructing the Intergraded mdu at no Later than the 17Sdt building pennit. with completion of these .affordable units at a ratio of 1 affordable unit completion to every 20 market ~ units being completed. This would result in the Intergraded affordable units beiDg completed prior to the entire project being 2/3 complete. In additiont Braddock and Logan would be agreeable placing 8. security bond, guaranteeing the on-time completion of the affordable units. (2): 26 Secondary DweUinf! Unit. This propo52ll would provide 26 Secondary Dwelling Units spread throughout the project on lots which are 6,000 square feet or latger (at 3001D fot Very LoW; 20% Low, and 50"/0 Moderate). These units would be one-bedroom and would be attached to the primaty unit. These units would appear integrated into the design of the primary unit; however the seCond unit would be completely self contained. These units would be designed to accommodate housing needs that are currently not being met. such as college/career age children living at home; multi..gencra.tional fiunilies; and or older parents living with children. nmlng The Secondary Affordable units would be completed concurrent with units fol' "the lots that are 6.000 square feet or lager. In addition, Braddock and Logan would be agreeable placing a security bond. guaranteeing the on-time completion of the Secondary Units. (3): 87 Medium-Hi~h DeTJSi.ty Affordable Units. This proposal would provide 87 affordable units (and one manager's unit) to be placed upon the Anderson property. These units wo"U!d be located on property designated medium density residential (at 30% for Very LoW; 20% Low, and 500J'o Moderate). The Anderson Property is looated to the east of Central PlU'kway and Croak Road, immediately east of the proposed Village Center to be located on the Jordon Property. The property is ideally suited in tlmt it is {D - l '5 -oG"' . S, \. ATTACHMENT I Attachment 4 ~U/V~I~UUO ~o;u~ rAA ..... ________-.:r- 7@f.l;-9 , I -, '. both located in close proximity to existing and proposed transportation infras1lUCture. existing and proposed job centers and retail development as well as open space. parks. schools, and semi public uses. The affordable units proposed on the Anderson property would contain 2 bedroomS and 2 "hathrooIIlS. Section 8.68.030(E) states the affordable units should reflect the range of bedrooms provided in the project However. the unit configuration and bedroom count on the Anderson property is constrained by the natUre of the higher density product and as a result Braddock and Logan is,requesting a waiver from this requirement of Chapter 8.68.. Timing . Braddock and Logan would be agreeable to a condition ~f project approval that requires the developer to begin constructing the Medium~High Density Affordable Units no later than the no later than 5 yeaTS from the date of the approval of the Tentative Map for the BJRddock and LoganlBaDkhead properties. In addition, Braddock and Logan would be agreeable placing a security bood, guaranteeing the on-time completion of the Meclium- High Density Affordable Units affordable uDits_ (4) Community Benefit Provision. In addition to the other aforementioned affordable units B:radd.ock and Log[tJl is proposing to provide a million dollars ($1.000,000) to the City. The City Council can determine the best use of the funds. The monies. could be placed into the mordable housing in~lieu fee program, or could be utilized for capital improvements such as reconstruction of Shannon Center or other City Park or facility. Braddock and Logan is proposing to provide the City all of the aforementioned proposals in meeting its affordable housing obligation. The combined approach would provide a total of 139 affordable units. which is 56 units more tlum required by Chapter 8.68. Additionally. these units would contain rent.and resale restrictions that ensured the unit's affordability as proposed, indefinitely (as opposed to the required S5 year requirement set by Section 8.68.030E). Braddock and Logan feels this combination of proposals will further the City's goat of providing housing and providing units to households that are not currently served by the JPmetplace. These affordable units would integrated throughout the 480 acre project area and would designed, constnlcted, and managed in a way to ensure healthy and vibrant neighborhoods for years to come. AU'U~'~VVd ~U~V~ rAA ~ (\!) , J ("''-' !;-1 lO/03/~UUb ~n:ua ~AA .Dl.oI&UUVt..O.I\~UE,.GLI. r ? ., lft. ,.......-. n..'-.--..----~--.-. _..... --..-. -.. J-' u._ ...~.-.- .~.-...-.,-...-'~~ __ .-_ _..._-". __--.- __1_ ___.....n-..---......... ~:~ ljI.,.:; ~~. ~~~":,. ..,,; , .. " ~:.' ft-: j::"'" ~ji' Ef.: . l':tr . ~j~: ~t:. 111'>: ~~- ~..{": ::,11.... If::" " ~;'.. ii;~-. ",i'. t:~ ~:;:.. ti.'; ~.. . ...,. ~... ~.:;':' ~~~~.; . .<~. . .. ~, ~:. 1.1-";:. Fii.' :;-~. " .,,,. kj;';: i:; a,.. .- it;-: ~. . ~:::. ~!i:~:. . .;- ,... . .:~~: ~."., , f.... ~: ~: ~L.... i.i:io. ,"~fl ~~}~;: . '.' .1~,. . ~.. ,t . !~:i< ._--~_..~~.. ::',.,~'('~~~~~~T~~'~~....,,-.,#;,.,. ~Jdh- hit "1I~,.'MlIt~.~Jt .~..-(;Ml1'"liJlllll'lM .. ~ ....... r. ........HGuIinI~ 1ft 2OCJ4." M~ ...._:...1 o.I- Gf~ ClllIIarito,.wJ" .. ...... ......1v/J.1l~ at......... ~ (H8NC)tIIpII.... fA corw.....,........lrdJ.-,...... it 1bI_~ 1InCIu"-' hc:lCIIiaI "........ f1f.....'~ ...,............a --. ~~..ot-- .<1......... and maQlfIIMt..... ~... ~ GUl'CllGlrtIIIUlnIldlI........ utiI" ....".,.." i"-' . ert........ t.A ~ ..l........... ...........- hallftDa.- ... ...... hauIInI...--1M.. NPH'" JoIBANC 1nTII....... b4-" 1M ...........,11 aMaI ~ lWil4.._..........c:IiIII-'-O----..~...... ....._ __ r.n.-. NPM..e. f8ANC~"'" k.......nwah ~~ ......~.........ID.......,..... ...IIdut*..... ...._ .......1ftaIID& FtIJMJ. fJl-'..... ....... _....... 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QI.IDInIl_.......... ~ .......,. ~~ r. ~--'i' ~. j ,r:' _..;....lofoI. t _........."~.L . e ~ t' .....- ~_ ceo....,..c a.n_J. s,.-. ~ Dnd&.NPM 2 ~U/U~/~UU~ LU.U~. rAA Ua U'W.""V"'~."''''''-O'''''''' KEY PRINCIPLES OF INCWSIONARY HOUSING In its most basic terms. incluslonaf)' housing requires or encourages market-rate hOLlSing developmen1ls to include a percentage (usually 10 to 20 percent) 01 homes aftordable to lower- and moderate-Income households. lnclu&ionary polI- cies ta)(e trle form of either a local ordinance, a G.neral Plan policy, or a permit apprcwals PfOC8S& that requlre9 or rewards affordable houelng projects. While NPH and HBANC hold cmfering views on the mertts of illClosionary housing, the foUow1ng are key principle6 upon whiCh our organizations agree: . Provtding an adequate suppty of housing is B societal responsibility. . local Cl)mmunlties with indusionary noosing prograrT1$ Mve a respoosibllity to contribute tangible and lSublStantiill resources 80 that the cost of providing affordable l'lousi'lJ is spread fairly acrOS$1he community. Affordable housing poIlc1e$ that maximIZe resources bV providing more hous- Ing opportunities or deeper levels or affordability at the same or less 006t $I'lould be encouraged. . Traditional incluslonary hou$lng policies tI'lat r~uire the development Of 'like- for-Uke" units dlstrlbuted unifonnly throughout the market-rate development are often not the mO$t effective or efficient way of providing affordable housing. . To Increase effectiveness and efficiency, incluslonary h<Jusing programs shoUld provide nexibility and allow a range of altemative methods of providing affordable units. RECOMMENDATIONS FOR JURISDICTIONS WITH INCLUSIONARY HOUSING PROGRAMS Market-rate builders shOUld be provided with a choice of several options tor producing the affordable homes. The builder should not be required to demonstrate the financial infeasibility of traditional inclusionary requirements in order to use one of these options and. 50 long as the relevant criteria for a particular option are met, the builder shoulcl not be required to obtain approval by the local jurisdiction on a case-by-case bIllsis. HOUSING TYPE AND DESIGH FLElOIIILI"TY Market-rate builders shOUld be able to satisfy an inclusionary requirement by prcwlding alternative for~le hOualng types. such as duets, toINnhouse'S, ot (:Ondomlniums. Builders should have the option of clustering the units onslte or building gffsIte (see Offsite Construction, page 4). r , ~1 ...J >: if1 J 3 LU/U~/~UUO ~~;u~ ~AA uJ.a"''\Av",~~e.IUII&.I. I. ! 'q l Market-rate builders should be able to satisfy an lnclusionary requirement by providing rental hoU$log, provided that the project meets the incluBlonary percentage and income targets applicable to rental projects. Again, the builder should have the option of clustering the unit3 on the project site or Pfo\i'ldlng for the unl13 offsite (see Off6ite ConstnJction, below). LAND DmtCATION Market-rate builders stlould be able to satililfy an IndU$lonary requirement by donating land to the local government or a non-profit housing developer, subject to the following: . The buIlder and city $~uld ensure that through an upzoning or density bonus the dedicat- ed site will accommodate mQre affordable units or units at a deeper affordablllty level than the inclusionaty . requirement VtOuld have provided: . Whare rental housing Is to be constructed on the dedicated site, the site should accommo- date at least 40 affordable units; . If tl'1e dedicated site is such that it requires 'extra" construction CO$t&--6uch . me need to (10 podium development or steel construQtlon-in order to accom- moc:lme the required number of units, the market..J1rte builder should bear the extr. cost, includ~ any off$lte . Improvements, environmental remediation Of' provision of utilities. In most other situations, the land dedication itself will satisfy the incluslonary requirement; lJ.>;l)D~.IIJi~'~:; AI C"O'llDI1 RolK'fI 01 ~~ CA, rJ,.. Mrwllel'fflf.: ldrk, ptl.ll'ided land : u EdoN HousIIlf ~ <J( /haly ~'" the ~"11 homet, j m~ l! j;ouJIIk II> Q;!<Ife 74 aj)l~ 1lff00.:/Qhlc ID f-1IiM ~~ ~ ~. 60 /)':fWIl II(/lIW mcdIPn ~o /J28.00l)..$5J,OOOJ.o~ fl'1Itl r/lllflnf (Rut1 1+27 bt $861 p.t Illotttll (i.~. OfRITJ! CoNsTRUCTloN . The dedicated site is located within the same jurilrodic- tion 8$ the project or Within a defined subregion; The dedicated site should have allland..use entitle- mel"lt9 secured prior to oornpletion of the market-tale unIts. If the Ieall jurisdiction unreasonably refusK to approve the neoessary entiUe~ ments, the b\.Iikier should be able to pay in-lieu fSDB. Market-rate builders should be able to choose to satisfy an inclusionary reqIJrement by pro. viding for the units to be conwucted outside the project lOCation. subject to the following: 4 ~'" ,,~~ .V\hJ ....U. U.... 1.'n..A. . The offsite location is either comparable to the pTl)ject site or will result in either greater levels of affordablrlty ot III greater number of affordable uni\$ than the inc1u- aionary requirement would hri'le provided; · The affordable units should be developed concurrently with the nUilri(et-rQte homes. POOUNG AND CRECrT TlIANS~&RS : r'f I'"' ~II+Cj . TWo or more mar1<e~rate builders should be able to pool res~rCti to satisfy their Incluslonsry requirement through a single affordable houslr~ project; . Market-rate builders that build "extra" affordable housing units (I.e., more than required by the inclusionary ordinance) should be able to use the adcfltlonal units as credits for meeting future il'lclusionary requirements in the jurisaidion or a defined subregion; . Markel.rate builders that buIld "extra" affordable housing unItS should be able to sell the additional units as credlbi to other builders in the $8fl\$ jur1sdlctlon or a defined subregion: QIn!'/'t CO/-lrrIoL'T/CJN 4T Wz VJlcI LooM ~ lItlo!llS '''''' nxroJ.. PtlStotlt bf.ox,lft' f1M CIty gf CarId>...( ell da-d the I~ III ~ I>itIr rh~ notJofttUfit S/llrx;E HDUIJIIf UJ dIw~ tile ~ IIomes ofP'iI-. bur neClr 1M _~ 110mII'". . .rurx:E HDt/SIfl, (ft:tllM I. Z. 3 ood of ~ ~ (iIt']ofof llauie . I IioIdJ IMl'lIitt crt Of l>IIItiw.so -J 61) 1-<""1 oftlle ~ m.drnl iIIa>m.. ; . The "extra" units should be built before'they can be treated as credits; . Non-profit builders should alee be able to sell credits to market-rate tJlIUd&1'$ for projects and/or units that are not being funded by the local govemment The affordable homes should be entitled before or cohOUfTently with the mar1<et-rate development acquiring the credits; . Non-profit builders should be able to aoquire and improve existing m8f'ket-rate devel~ mants and restrict Mure tents to very-low' incorne households and sell the units as cred~ 10 other bullden; in the sliIme jurisdiction or a defined subregion. This option should only be allowed if: a) households served are at or below 50 percent of median income; b) the property undergoes extensive renovations; 0) number of units acquired and renovat- ed is at least double that of the standard inclusionlilry requirement; d) affordability is guaranteed for a period of at least 55 years; and e) tenant relocation is appropriately addressed. 5 ~...., ...... ,.,.......... ......... - ........... 1w-l~)J FmAi'W~ "laid Elm ~.lb4. ClIt' Qr~o1uma ~ ~~lt!UJbank l-IlMm, ~....,t CGtporalllln wlIh /iMlW1n! ,114<!. ~Ie hi lHNI ~ ,DllNnd iivm VP.lI' mCll......~lIIc! ~/I~ It '~d h.kepl1f aff~fMn . "'~ fly r.he 4>ft;/inanl;e.OIJ Elm V. ; plll~ 87 ~ h_ RIflE~ . from stiJd,.. lb ~rum -dJ_ple_ IlWn . '-to:.- fb, d "'1II 0( 1.,,,,,,.i>>1dI. ~ 10.40. SO. 60. Pl'(/ 10 pom"'" of Q/'C<I m~n iolciome;. rrfrOrclabla UIo sII~ />bINnr ...iIlI ~ 0 .bP "* S/3.DOO aM tfIe """Y up IQ /Gm~ "'.... ..ilII ~P"";111( ~ l5!t.Dr>O. !11IItcrp1ll'll!ef 11 belt of UlIl'Im~rU4ll/XXe dIId twII- rhInJ< fIf tile '1'''.e it ~ yo <f ~ rl1lltl ""'" ftx;mr, so,... . Iftf f~m/iu. f/llm Old Elm <<HI ~ ....,.",ndItlr ~hf>ot/Jtllld. IN-WU Ftt5 MarkEtt-rate builderS Of proJecbo with SO units or fewer 5hould be able to Choose to satisfy an inclusionary requirement by peving a fee in lieu of directly developing the units. This option shDuld be available to the developer without having to demorl$tratB that other options are infeasible.. Rf;c;aMM~DED LoCAL eo,","'IJNfTY CoNTRIBUTIONS Local gevemmenis fulflU a crucIal role in the creation of affordable housing. Below are sorne key actions that local governments should take to demonstrate iii broader commitment to addressing the affordable hOusing ahortage. 1. Funding . Make con61stent efforts to pa99 looal af'tordable housing ~stance bonds or other mea&- ures to meet the exi$ting oommunity's fair share of the burden of providing affordable housing. . Either waive development Impact fees and processing fees for inclusfonEilry units 0( pay for them through discretionary local futlds such as redevelopment funds or the general fund. .. HMHC """ NI'H do not ~ . ((IIII1lIOII /*l6Ht ltIr ... "'" ~ 1M pmjem IoOflI\ /fIOrt 1IIOII5tJ UIlItJ. 6 ,'. , .) -;1 ...- /1 1+1 Where a redevelopment agency exists, increase to at least SO percent the tax inaement davoted to affordable housing programs. (Currenllaw requlr98 a 20 percent low. to moder- at~ncome set~aslde for housing.) 2. Zoning . provide at least one density bonus for each unit of affordable housing required. . ExemFt Inch.JSionary units from bulld~ permit caps and grOlNth allocation processes. . Proactlvely 'pre-entitle" (!;Ienetal plan and zoning) the altes Identified in the housing ele- ment as affordable hoUEling $Ite$. . Make appropriate surplus publicly owned land available for affordable housing. 3. Program Administration . Local governments should provide a. dedicated staff and budget to administer the program or contract with a competent tlntlty to do $0. . This responsibility includes up-front assistanoe to homebuilclers and prospective buyers/renters in the sales/rental prooe&6 as well as long-term rnOl'1itorlng cfthe incluslon- ary homes. . In the ease (If fOr-sale Inctuslonary units. In which the developsr makes a good faith effort to sell the unit but it remains unsold after 90 days, the local government should either. a) purchase the una atthe restricted ptic:e and take over marketing; or b) giVe permi&slon to sell the unit at market.rate and capture the di1f8rElnce. For option A. the local government must close on the unit within 120 clara from completion. For option B, the program should be structured so that there will be an incentive to obtain true market value for ttle unit . The cost of program administration $hould not come from fees or other exactions imposed on builders. CONCLUSION Throughout CalifQmiQ, pUblic officials and private citizens are struggling to flnd ways to address the affordable housing crisi$. Together, NPH and HBANC want to ensure that the dialogue about GOlutlons Is being Informed by a Bet of principles effective and et1ic:l8nt at . shaping public policies that win work for builders, cities and residents. CSllifomia has long letf the nation in innovative approaches to addressing thelllffordable hOU$ill9 Cfisls, and, by workil'l9 together, NPH and HBANC believe that we cml find common ground to help solve the problem in the near Mure. 7 ~v~vv,~v~~ .v.~~ &~- I."'. /,-",,' , (i; !f '1 C I T Y C L E/~ tff47 File # D~ceJ[Q]-~~ x L.l~O-'8l) )( L.f~-~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 18, 2005 SUB.JECT: ATTACHMENTS: RECOMMENDATION:./ 1. V'" i: 4. FINANCIAL STATEMENT: DESCRIPTION: Braddock and Logan Affordable Housing Proposal to Comply with Inclusionary Zoning Regulations for the Braddock and Logan development at Fallon Village Report Prepared by Julia Abdala/Housing Specialist. 1. 2. 3. Braddock and Logan Affordable Housing Proposal Proposed Stage 1 Development Map Dublin Municipal Code Chapter 8.68 (Inclusionary Zoning Regulations) Receive Staff Presentation Hear Publie Testimony Deli berate Direct Staff to: (a) Inform Braddock & Logan that the Council will not waive the requirements of the Inclusionary Zoning Regulations required by the proposal; OR (b) By consensus, direct Staff to work with Braddock & Logan to refine the proposal including, in particular, the timing of construction of: and security for, the proposed affordable units. No fiscal impact at this time. The eleven property owners of the Fallon Village area have submitted a request for a Stage 1 Development Plan. At the same time Braddock and Logan has submitted a request for a Stage 2 Development Plan and a Vesting Tentative Map for the Braddock and Logan property, consisting of the northernmost 486 acres of Fallon Village. (See Attachment 2) The Stage 2 submittal is for the creation of 1,043 single-family units at this site. COPY TO: __M.__________________________________________M______________________________________________________________ Page I of7 ITEM NO. S'J Attachment 5 -, G:\PAiI\200:;\05-038 B&L Stage 2 Fallon Village\CCSR 10-1-05 B&L Housing t>roposa1.!.lOC /7 ~ 1.;-1 Approval ora Stage 2 Development Plan and Vesting Tentative Map will trigger the requirements of tHe City of Dublin Inclusionary Zoning Regulations, Chapter 8.68 of the Zoning Ordinance (Attachment 4). Chapter 8.68's stated purpose is to enhance the public welfare and assure further housing development contributes to the attainment ofthe City's housing goals by increasing production of affordable units. and to assure that the limited remaining developable land is utilized in a manner consistent with the City's housing policies and needs. (Section 8.68.010.) The ordinance requires developers constructing residential units in the City to provide 12.5% of the development as affordable housing. The mclusionary Zoning Regulations break down the affordable requirements to production of 50% of the afibrdable units for moderate-income households, 20% of the units for low-income households, and 30% of the units for very low-income households as defined for the County of Alameda by the State of California Housing and Community Development Department. The Tnclusionary Regulations further treat the development of "for saleu housing and rental housing similarly, with the same affordable unit requirement and the same income level breakdown. The Inclusionary Zoning Regulations provide that the affordable units - both rentals and "for sale" units -- reflect the range of the number of bedrooms as the market rate development and not be distinguished by exterior design or materials. The affordable units may, however, be smaller in size and may have fewer amenities. Finally, the affordable units are to be dispersed throughout the development (Section 8.68.030.E). The Zoning Regulations state that an applicant may fulfill the Inc1usionary affordable housing requirement by constructing the affordable units off-site ifthe City Council makes the following five findings: 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 arc consistent with Section 8.68.030.E (same range and number of bedrooms as provided in the project as a whole. consistent in design, constroction and material and are reasonably dispersed throughout the project). 3. that it would be infeasible or impractical to construct affordable units on-site. 4. that conditions of approval for the project requite 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 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 ofthe off-site affordable units concurrently with the completion ofthe construction ofthe residential development or within a reasonable period (not to exceed 5 years). · The Inclusionary Zoning Regulations provide the City Council the option to waive the requirements of the regulations. Section 8.68.040.E states HThe 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 alternative methods meet the purpose of this Chapter." Page 2 of7 ANAL YSJS: le'1q.j Braddock and Logan has presented a proposal to provide the number of allordable units required for the construction of 1043 single-family units at the 486-acre property they currently own (See Attachment 1). Per the Inclusionary Zoning Regulations a development of 1043 units would require 130 affordable units. The ordinance allows a developer to pay fees in lieu of constructing 40% of the required affordable units, which equates to 5% of the total units. Braddock & Logan could, thus, pay fees for 52 units which are currently $84,198 for each unit not constructed. This would produce an in lieu fee total of $4,390,925.70. Braddock and Logan's proposal is to build all 130 affordable units required for the 486-acre property they currently own. The proposal is not consistent with the requirements of the Inc1usionary Zoning Regulations in several ways. Because of these differences Staff is presenting the proposal and requesting direction from the City COlmcil. Summary of Proposal: The proposal presented by Braddock and Logan involves two parcels. The fust is the 486-acre property which is the subject of the Stage 2 Development Plan and Vesting Tentative Map and would include 1043 units. The second property is the Anderson Property (See Attachment 2), which is proposed to be designated multi-family medium density. Braddock & Logan does not own the Anderson property at this time. The proposal is to construct 88 units on the Anderson Property; 78 would be off-site affordable units for the 486-acre Fallon Villages property, 9 would satisfy the Inclusionary ordinance requirement for the 78 units on the Anderson property and one would be a manager's unit. The total number of affordable units Braddock and Logan proposes to construct would be 139 units between the two sites. The proposal is as follows: I. 26 Integrated Units. 26 affordable units for sale would be built on 4,000 square foot lots of Fallon Village. These would be identical in appearance, materials and bedroom count to the market rate homes and would meet all of the requirements of Chapter 8.68. The units would be affordable in perpetuity. 2. 26 Secondary Units. 26 affordable units would be secondary dwelling units, attached to 26 ofthe homes on 6,000 square foot lots. All units would be rentals and would be attached to the main dwelling. They would be one-bedroom units. The units would be affordable in perpetuity. 3. 88 Multi-family Units. These would be constructed off-site on the Anderson property as part of an apartment complex with two-bedroom, two-bathroom units. There would also be 9 affordable units to satisfy the Inclusionary requirements for the Anderson property and one manager's unit, that would be market rate. The 87 units would be affordable in perpetuity. 4. Braddock & Logan would make a payment of $1 million to the City for affordable housing or community benefit. The following Table represents a summary of Braddock & Logan's Affordable Housing Proposal: Page 3 of7 ",......._. -- TVDe of Ownership Income mix Size of units AffordaJJiJi~ Period Unit IRental 26 For sale 50% mod-income Same mix of In perpetuity Integrated units 20% low-income bedroom size as Units 30% very low inc. market rate dev. 26 Rental units 50% mod-income All In perpetuity Secondary 20% low-income 1 bedroom Units 30% very low inc. 1 bath 78 Rental units 50% mod-income All In perpetuity Apartments 20% low-income 2 bedroom plus the 9 30% very low inc. 2 bath units fOT the Anderson property (Cj;{4t1 Timing of Construction and Security The timing of construction in the proposal is different for the 26 integrated units, the 26 secondary units and the 88 off-site units. Staff believes that the timing included in the proposal, and the security proposed, do not meet the purpose or requirements of the ordinance in that construction of the affordable units would not be guaranteed concurrent with construction of market rate units. Staff is prepared to work with the applicant; however, to modify the timing and security proposed if the Council is interested in considering thc proposal. For example, some security measures would need to be in place, until Braddock and Logan obtains ownership of the Anderson property and then pulls building permits to construct the multifamily complex. A regulatory agreement would need to be in place tying the issuance of building pennit for the market rate units to the number of Inclusionary units under construction. The conditions and regulatory agreement would also need to explicitly indicate that should the developer be unsuccessful in obtaining the Anderson property and obtaining the required approvals and financing, the requirements of the Inc1usionary Zoning Regulations would apply; that is, all Tnclusionary Units are to be built throughout the subject site, of the same bedroom mix as the whole development and would be evenly dispersed. throughout the development. Waivers Requested Braddock and Logan is requesting waivers from the Inclusionary Zoning Regulations, Waivers would be required from: . The bedroom mix of the 26 secondary and 78 off-site Inc1usionary Units because they would not mirror what is being constructed at the market rate homes. . The requirement that the units be dispersed throughout the project because the 88 units would be concentrated on the Anderson property. . The requirement that all ofInclusionary lUlits be built concurrent with the remainder of the development. Two factors that the Council could consider in granting waivers are that the developer is offering to provide $1 million to the City's Mfordable Housing Fund or other Community Benefit Fund in addition to providing the 12.5% required units and that the units would remain affordable in perpetuity, rather than for 55 years. . Page 4 of7 Issues Relating to the Three Types of Affordable Units Being Proposed: ~:I!;-1 1. 26 Integrated Units Providing units along with the market rate units at the site of the development is conslstent with the lnclusionary Zoning Ordinance. The developer is further indicating that thc units would be marketed to the income-range mix that is specified in the Inclusionary Zoning Ordinance. The issues that arise with tins part of the proposal are subtle. The homes to be built are large homes and the markct rate homes will be expensive to purchase. All of the homes will be expensivc to maintain. Along with the purchase of the largc homc arc expenses such as landscaping, maintenance, heating, etc. The policy issue is whether it is the Council's desire and the intent of the Inclusionary Zoning Regulations to provide homes ofthls size to very low-, low- and moderate-income households. If the intent of the lnc1usionary Zoning Regulations is, rather, to provide entry-level homes for lower-income households to enter the homeownershjp market then perhaps this is not an ideal solution being proposed. 2. 26 Secondary Units The secondary units, sometimes referred to as "granny flats," may be of several types. They could be over the garage as in the Bernal development in Pleasanton or they could be attached to the main home and have a separate entrance. The proposal that Braddock and Logan is presenting indicates that these would be one-bedroom, one-bath units and they would be attached to the house. The Council would have to grant the applicant a waiver from the requirement of the Inclusionary Zoning Regulations that the affordable writs reflect the same number of bedrooms as the market rate units. A waiver can be granted pursuant to section 8.68.040.E. The main issue with granny units is that it is not feasible to require the individual single-family homeowners to rent out the granny units. lfthe units are not rented out to the specified income category household, then the required number of Inclusionary Units is not being provided. The owners of these units would be able to rent out the unit to lower-income households, keep them unoccupied and for their . personal use. or allow for family members to occupy the units. If the property owners decide not to rent the units out, then the required 26 units that are required, per the Inclusionary Zoning Regulations, would not be available and the number of units available for lower-income households would be less than the 139 proposed. Staff believes there are other issues tied to secondary units that the Council should consider. Providing one-bedroom units will limit the slze ofthe households that could occupy the units to one or two person households. These units may not be able to be administered in any meaningful way by City Housing Staff. Currently, and per the Inclusionary Ordinance and the "Layperson's Guide to the Inc1usionary Zoning Ordinance Regulations", Housing Staffmonitors all rental units that are restricted to lower-income households annually. So far all of these are apartment complexes with professional management staffs. Nonetheless, it sometimes requires several attempts to have the management staffs provide the required infonnation on the lower.income tenants. If City Housing Staff is going to be contacting each private single-family home owner and requesting information on 1) whether they are renting our their units, and 2) the income ofthc tenant, it may be substantially more difficult to secure the required information. If Staff does not receive the information needed within a reasonable amount oftime and after repeated efforts, Staff may involve the City Attorney's office and Council in seeking compliance with the regulatory agreement. Page 5 of7 3. d/cot '1 88 Apartments (78 off-site inclusionary units and 9 on-site inclusionary units, plus a ..f Lf manager's unit) The proposal is for the off-site development of 87 units to house moderate-, low- and very low-income households, in the same ratio required by the Tnclusionary Ordinance. For the Council to allow the applicant to satisfy the Inclusionary requirements by constructing units ofT- site, it would have to make the five findings discussed above. Staff does not believe the proposal. as presented, allows the Council to lllake all five findings. Tfthe Council is interested in considering the proposal for off-site construction of units and believes the five findings can be made with revisions to the proposal, Starr can work with the applicant t~ refine the proposal. One refinement that Staffwould recommend is a trigger point for construction of the 88 units or construction of the units on-site, given the fact that the applicant does not own the Anderson property. In order to make the five fmdings, the Council would need to grant a waiver from the bedroom count requirement ofthe (lrdinance and a waiver from the dispersal requirement or the ordinance. The construction of apartments off-site to satlsfy the requirements of the Inclusionary Zoning Regulations has been allowed before in the City of Dublin. Staffknows how to work with both the developers and the management entity to enforce the provisions of the executed Affordable Housing Agreement. Before any building permits are allowed for an affordable development such as an apartment complex. Staff assures that the appropriate Affordable Housing Agreement is executed and that the developer has provided a management plan, indicating the method of marketing the development to the households intended, the procedures that will be in place to veri fy the income of the income restricted tenants, and the manner in which the City of Dublin occupancy preferences will be administered in the selection of tenants. The apartment complex proposed by Braddock and Logan would be required to provide the same items. Braddock and Logan has further indicated to Staff that the construction of this apartment complex would be fully funded by Braddock and Logan proceeds. The developer does not intend to apply for tax credits or tax exempt bonds or other fimds available to lower-income rental developments. As such, the developer would not request any gap funding nom the City of Dublin. This is not part of the formal proposal~ however. OPTIONS: Braddock and Logan has indicated that if the above described proposal is not satisfactory to the City Council that the firm would provide 78 Inc1usionary Units (7.5%) on the Fallon Vil1ages site~ mixed in with the market-rate for sale units and pay the required in lieu fee for the other 5%. While this may seem similar in approach to all other "for sale" developments with Inclusionary Units the City has approved there arc some differences. First, the homes being considered in this development are larger than any other homes so far developed with affordable units. As noted above, to provide a 4000 or 6000 square foot lots to a lower-income household may present a household with a home that they CaIUlot afford to maintain. Along with the restricted sale price will come a number of expenses, including property taxes, homeowners' insurance, landscaping, heating and cooling and general long-term maintenance. The additional housing costs may exceed what the lower-income household may be able to pay. The results may be a well-intended mismatch of ownership to for sate product. Other options can be explored to provide Inclusionary Units on-site, but any variation from the Inclusionary Zoning Regulations would require waivers. Most ofthe other developers of "for sale" housing have found innovative ways to accommodate the Inclusionary requirements of the City of Dublin. Page 6 of7 Pinn Brothers will be offering eight of the smaller "Manor" cluster homcs to moderate-income cJ r:Y (:t' Cf'j households, with the low- and very low-income households offered homes in the condominiums. Greenbriar developed town homes in the rnjdst ofthe larger single-family homes specifically for the Inclusionary Units. Duplexes and Triplcxes may also be incorporated into single-family neighborhoods without changing the character of the tracts. Ifthc City Council dctermines that Braddock and Logan's Proposal should be modified in somc way, it would be beneficial to provide that direction to both Staff and Braddock and Logan at this meeting. Thcre would be no guarantee that Braddock and Logan's offer to construct 130 units rather than paying in lieu fees for 52 units, to make all units affordable in petpetuity and to donate $1 million to the City would be part of any other proposal that required the City Council to waive requirements of the ordinance. However, Staff and Braddock and Logan could explore these other options that would be more consistent with the City's Inclusionary Zoning Regulations. RECOMMENDATION: Staff recommends that the City Council I) Receive Staff presentation; 2) Hear public testimony; 3) Deliberate and; 4) Direct Staff to: (a) Inform Braddock & Logan that the Council will not waive the requirements of the Inclusionary Zoning Regulations required by the proposal; or (b) By consensus, direct Staff to work with Braddock & Logan to refine the proposal including, in particular, the timing of construction of the proposed affordable Wlits. Page 7 of7 0/314-1 MINUTES OF THE ern" COUNCIL CLOSED SESSION A closed session was held at 6:30 p.m., rezardins: I. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED l1TIGA110N Initiation of litigation pursuant to Government Code section 54956.9, subdivision c (2 potential cases). II. CONFERENCE WITH LEGAL COUNSHL -AN11CIPATED LITIGATION Government Code Section 54956.9, subdivision (h)(1) Facts and Circumstances: Government Code Section 54956.9, subdivision (b)(3)(B)- CIP Project tf 96920 .~ A regular meeting of the Dublin. City Council was held on Tuesday, October 18,2005, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7: I 4 p.m., by Mayor Lockhart. . ROLL CALL PRESENT: Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart. ABSENT: None .. PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the Council, Staff and those present. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 18, 2005 PAGE 376 www.ci.dublin.ca.us Attachment 6 d4r:{ L;~ NEW BUSINESS Braddock and Logan Affordable Housing Proposal to Comply with Inclusionary Zoning Regulations for the Braddock and Lpgan Development at Fallon Village 10:34 p.m. 8.1 (430-80/450-20) Housing Specialist Julia Abdala presented the Staff Report and advised that the 11 property owners of the Fallon Village area have submitted a request for a Stage 1 Development Plan. At the same time, Braddock and Logan has submitted a request for a Stage 2 Development Plan and a Vesting Tentative Map for the Braddock and Logan property, consisting of the northernmost 486 acres of Fallon Village. The Stage Z submittal is for the creation of 1,043 single-family units. Approval of a Stage Z Development Plan and Vesting Tentative Map will trigger the requirements of the City's Inclusionary Zoning Regulations. Staff is asking the Council to provide direction as to whether the City should: 1) Inform Braddock & Logan that the Council will not waive the requirements of the Inelusionary Zoning Regulations required by the proposal; or 2) By consensus, direct Staff to work with Braddock & Logan to refine the proposal including, in particular, the timing of construction of the proposed affordable units. Ms. Abdala noted that the Staff Report stated that Braddock & Logan did not own the Anderson property; however, she would like to clarify that they had an option on the property . Mayor Lockhart confirmed that the 26 integrated units would be single-family, and asked how many bedrooms and baths each unit would have. Ms. Abdala advised that they would be 3...4 bedrooms because the ordinance required that affordable units be built similarly to the market rate. Vm. Zika asked how the Developer intended to insure that the 26 secondary units, or granny flats, were rented out to low income people, and could not envision that someone payil1$ $600,000-$800,000 for a home and then rent out a granny unit to a low-income pal'tici pan t. Jeff Lawrence, Braddock & Logan, advised they did not envision that that would actually be the case. The size of the unit would dictate what could be charged for rent. In addition, the secondary granny flat unit was envisioned to be a product that did not exist DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 18, 2005 PAGE 398 www.ci.dublin.ca.us 0/5 ~4.~ . J today in Dublin. It was envisioned to be something to provide an opportunity to the young people, a family member that wanted to stay in the City, to be home but have their own space as they got on their financial feet. Or, it would be available to a senior family member. The unit itself could not command a huge rent and, therefore, provided. itself to a low~ and very..low opportunity for those people. Mayor Lockhart stated that. whether it was replacing somebody else's need for low income housing or a family member's needs for low income housing, it was still taking a senior out of the mix of needing senior housing or one young person out of the mix of going in with two or three other people to rent. Mr. Lawrence advised that the project was developed to provide three different product types to allow affordability. There were items brought up in the presentation that talked about landscaping and energy expenses, etc. Braddock & Logan has decided that it would be a good idea to complete the landscaping in the rear yards and provide some energy- saving appliances to cut costs, specifically in those units. Instead of feeing their way out of it, they would provide an opportunity to build out 12.5% of the total units in a different, diverse product type that met different social needs. Vm. Zika disagreed, stating that it was an interesting plan but very far away from what Dublin's Housins Ordinance for workforce housing was designed and intended. to do. em. Hildenbrand asked is Vm. Zika was referrinz to granny flats only. Vm. Zi1m stated yes, and advised that he was willing to work with the other ideas, but the granny units did not work for him. He would rather have the money so the City could build some adequate housing. Mayor Lockhart stated that she was always hearing complaints from constituents whose adult children could not afford to live in Dublin. 11Iis plan added a different element. It would allow parents to help their children get on their financial feet, as well as allow handicap and seniors citizens some independent living. Different alternatives for living in our community need to be offered. em. Hildenbrand concurred and stated that a variety of options, other than multi-unit, needed to be provided. The granny unit proposal almost addressed the controversial condominium conversion issue as an alternative option. She asked if the 88 unit apartment complex would be a mix of market rate and affordable. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October J 8, 2005 PAGE 399 www.ci.dublin.ca.lIs ~~ % {;~:1 Mr. Lawrence advised that all of the units were proposed to be affordable. Braddock & Logan would own and operate the complex without state or local assistance. em. Hildenbrand objected to that plan, stating that it went against the Council's plan not to have an area where all of the affordable apartments could be identified. Mr. Lawrence advised that there was additional area on that property in order to accommodate more units, but it was not included as part of this proposal because it was on the Anderson property and part of the Stage 2 plan. In preliminary desiztt, they had the opportunity to build closer to 120- 125 units at market rate. It was not part of the affordable proposal for tonight. Cm. Hildenbrand reiterated her concern about the apartment complex being grouped together and having residents stigmatized ir,t that manner. She hoped that the second phase would have market rate around it to make it mixed in. Mr. Lawrence stated that there was additional area to accommodate additional units as market rate. The 88 units would be integrated within the 120-125 units. em. McCormick stated. that the granny flats would meet a need. Vm. Zika reiterated his concern that the gl'anny unit idea did not meet the needs of the Inelusionary Housing Ordinance. em. Oravetz noted that the Affordable Housing Ordinance purposely included the flexibility for a Developer to present different alternatives to meet the 12.5% requirement. This was a good plan that provided opportunities for many needs. City Manager Ambrose advised that the practical problem at hand was timing. As Staff went through the Toll projects, market rate units were not allowed to be released until the affordable units were secured because they were not affordable until they were built and the City had the security it needed. If the majority of the Council were in support of the proposal, Staff would still need to work on the "belt and suspenders" with the Applicant to work something that satisfied the City's concerns and worked for the property owner. Mayor Lockhart suggested that Staff work with the Applicant to include the landscaping and energy-saving options on the 26 integrated units, which might set a precedent for other affordable projects. There would be opportunities for Staff to work with the :- =-: -:. ~:-: ~ : DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 18, 2005 PAGE 400 www.ci.dublill.ca.us eX 7 ~. 1f1 Applicant regarding ti~ing issues, knowing that it was important to the Council to get those affordable units built as soon as possible. It was also important to enlarge the apartment prexiuct into a larger complex that dealt with people of all income levels. Cm. McCormick suggested that Green Building principles be used. On motion of Mayor Lockhart, seconded Cm. McCormick and by majority vote (Vrn. Zika opposed), the Council directed Staff to work with Braddock & Logan to: 1) refine their proposal to include landscaping the rear yards and using energy-efficient measures in the homes to bring down the cost of living; 2) work on timing issues and obtain necessary security; 3) study the feasibility of integrating the 88. affordable apartment units into a lar.ger project; and 4) incorporate green building principles, as practical. .. After Action Report on July 4, Z005 Public Safety Activities 11 :07 p.m. 8.2 (650-60) Assistant City Manager Joni Pattillo presented the Staff Report and advised that the City Council would receive an informational report on the Public Safety Activities associated with the past July 4, 2005 holiday. There was a reduction in calls of service in 2005 compared to 2004. The Council commended Fire and Police Services for their attention to the safety of Dublin citizens during the holiday season. . Consideration of a Commemorative Inscription in Recognition of Cot. James Doty, Camp Parks Commander 11:12 p.m. 8.3 (610-50) City Manager Richard Ambrose presented the Staff Report and advised that Mayor Lockhart requested that the City Council consider commissioning a commemorative inscription in recognition of outgoing Camp Parks Commander, Col. James Doty. The inscription, which would cost $100, would be engraved on a concrete bench leading up to the Public Safety Memorial located in the courtyard of the Civic Center. DUBLIN CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING October 18, 2005 PAGE 401 www.ci.duhlid.ca.us :l2 q '-/1 CITY CLERK File # D~[3]~-IiJ~ "oo-~o 4 50- 30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 5, 2007 SUBJECT: ATTACHMENTS: RECOMMENDATION: /J..IV 1) (,(/V" 2) (~ 3) ~ 4) FINANCIAL STATEMENT: Affordable Housing Agreement for the First Phase of the Positano development (247 Residential Lots) located in Fallon Village Report prepared by Jeff Baker, Senior Planner 1) Resolution approving the Affordable Housing Agreement between the City of Dublin and Dublin RE Investors, LLC for the First Phase of the Positano development and authorizing the City Manager to execute the Agreement, with the Affordable Housing Agreement attached as Exhibit A. Vicinity Map. City Council Staff Report dated October 18,2005, with attachments. City Council Meeting Minutes dated October 18,2005. Applicant's Refined Affordable Housing Proposal. Parking Exhibit. 2) 3) 4) 5) 6) Receive Staff presentation; Receive testimony from the Applicant and the public; Deliberate; and Adopt Resolution Approving Affordable Housing Agreement between the City of Dublin and Dublin RE Investors, LLC for the First Phase of the Positano development and authorizing the City Manager to execute the Agreement (Attachment I), with the Affordable Housing Agreement attached as Exhibit A); and Direct Staff to prepare a minor administrative amendment to the Fallon Village Stage 1 and Stage 2 PD to allow secondary units on the 3,200 lots within the Positano development. The costs of administering the Affordable Housing Agreement are included in the administration fees that are charged with the sale of each affordable unit. COpy TO: Applicant ------------------------------------------------------------------------------------------------------------- Page 1 of6 G:\PA#\2005\05-038 B&L Stage 2 Fallon Village\AITordable Housing Agreemenl\ccsr 6.5.07 AHA.DOC ~ Attachment 7 D61~ !f1 PROJECT DESCRIPTION: Background Positano (aka Braddock & Logan Fallon Village) is a residential development consisting of 1,043 single- family homes on a 488-acre project site. The project site is located within the northern portion of the larger Fallon Village project area (formerly Eastern Dublin Property Owner's Annexation Area or EDPO), east of Fallon Road and the Dublin Ranch project, west and southwest of the City Limits boundary with Alameda County and Doolan Canyon (Attachment 2). Existing Approvals The Planning Commission approved Vesting Tentative Map 7586 (VTM) to create 1,043 residential lots for the Positano development on November 8, 2005 (Resolution No. 05-61). On December 6,2005, the City Council approved General Plan and Specific Plan Amendments (Resolution No. 223-05), and a Stage 1 Development Plan (Ordinance No. 32-05) for Fallon Village including the Positano development. The City Council also approved a Stage 2 Development Plan (Ordinance No. 33-05), and a Development Agreement (Ordinance No. 34-05) for the Positano project area. Condition No.2 of the VTM for Positano requires the project proponent to enter into an Affordable Housing Agreement (AHA) prior to approval of a Site Development Review Permit (SDR) or recordation of the first phased Final Map. Inclusionary Zoning Regulations The Inclusionary Zoning Regulations of the City of Dublin Zoning Ordinance (Chapter 8.68) contains affordable housing requirements for all new developments of20 or more units. Residential developments consisting of20 or more units are required to provide 12.5% of the units as affordable to households with very-low, low, and moderate income levels as determined by the California Department of Housing and Community Development for Alameda County. These affordable units are required to be constructed on- site and integrated with the market rate units. The affordable units are required to be evenly distributed throughout the project, include a range of bedrooms consistent with the overall project, and be indistinguishable in exterior appearance from the market rate units. The Inclusionary Zoning Regulations also provide the City Council with the ability to make exceptions to the regulations contained in the Inclusionary Zoning Ordinance, including alternative methods of compliance with the Inclusionary Zoning Regulations such as the development of off-site affordable units. Braddock & Logan October 2005 Affordable Housing Proposal In accordance with the Inc1usionary Zoning Regulations, the Positano development has a requirement to provide 130 affordable units. Total Units 1,043 Inclusionary Requirement 12.5% Inclusionary Units 130 Braddock & Logan prepared an affordable housing proposal to address the affordable obligation for the Positano development which was reviewed by the City Council on October 18, 2005. This affordable housing proposal included a combination of on-site integrated units with a bedroom count that is consistent with the overall project, secondary units, off-site apartments, and a $1,000,000 Community Benefit Payment <Attachment 3). Please refer to Table 1 for a summary of the affordable units proposed for construction as part of the affordable housing proposal. Page 2 of6 ~ a e . or a e OUSID2 roposa cto er . , Unit Type Ownership Income Level Size of Units Affordability !Rental Period 26 Single-family 50% moderate Same mix of For sale 20% low bedroom size as In perpetuity detached Units 30% very low market rate units 50% moderate All 26 Secondary Units Rental 20% low 1 bedrooin/ In perpetuity 30% very low 1 bath 78 Apartments* 50% moderate All Rental 20% low 2 bedroom! In perpetuity 30% very low 2 bath 130 Total Units T bl 1 Afti d bl H P lOb 18 2005 00 ::f ~9 ,; * Plus 9 units to satisfy the Inc1usionary Zoning requirements for the Anderson property & 1 manager's unit as defined in the Braddock & Logan's affordable housing proposal. Staff presented Braddock & Logan's affordable housing proposal to the City Council on October 18, 2005, and requested direction from the City Council on how to proceed with the proposal. The City Council reviewed the proposal and directed Staff to work with ~raddock & Logan to refine the proposal (Attachment 4) as follows: 1) Include landscaping for the rear yards of the affordable units and use energy-efficient measures in the homes to reduce the cost of housing; 2) Work on timing issues and obtain the necessary security to ensure completion of the project on the Anderson property; 3) Study the feasibility of integrating the 88 affordable apartment units into a larger project; and 4) Incorporate green building principles, as practical. Since the October 18, 2005 City Council meeting, Staff and Braddock & Logan have been working to prepare an Affordable Housing Agreement (AHA) for the entire 1,043 unit project. Due to uncertainties about the off-site affordable units on the Anderson property, an AHA cannot be prepared for the entire development at this time. Therefore, in order to allow the initial phases of the project to move forward, the Applicant has proposed that the City initially enter into an AHA for the first phase of the project which consists of 247 lots. As additional information becomes available, Staff will continue to work with the Applicant to negotiate an AHA for the balance of the project. The additional AHA will be reviewed by the City Council at a future date. ANALYSIS: Refined Mfordable Housing Proposal Braddock & Logan has further refined the affordable housing proposal for Positano since it was presented to the City Council in October 2005 (Attachment 5). In addition to the proposal to separate the affordable housing agreement for the initial phase from the later phase (which would include the off-site project), the refinements to the 2005 proposal include the following changes as further discussed below: 1) The bedroom count for the affordable single-family detached units; 2) The location of the affordable single-family detached units; and 3) The location of a portion of the proposed secondary units. Page 3 of6 c5/ 1 lfCf Design & Location of Single-family Detached Affordable Units The Inclusionary Zoning Regulations (Section 8.68.030.E) require the design of the affordable units to reflect the range of number of bedrooms as provided in the project. Braddock & Logan's original affordable housing proposal was consistent with the Ordinance and included 26 single-family detached homes with the same mix of bedrooms as the market rate units. The refined proposal states that all 26 single-family detached units will have 4 bedrooms. The proposed market rate homes within the first phase of the project include a mix of 3 and 4 bedroom single-family detached homes. In addition, the proposed affordable single-family detached units will be affordable in perpetuity rather than 55 years as the Ordinance provides. The 26 affordable single-family detached homes were originally proposed on 4,000 square foot lots. Braddock & Logan's refined proposal designates 13 affordable single-family detached homes in the first phase on 3,200 square foot lots. As discussed in the City Council Staff Report dated October 18, 2005 (Attachment 3), Staff is concerned with the size and the burden of upkeep associated with these detached affordable units. Smaller homes on smaller lots will help to reduce the burden of ownership and maintenance associated with these homes. The other 13 single-family detached homes will be a part of a future phase. Location of Secondary Units Braddock & Logan further proposes to modify the location of the proposed secondary units. The original affordable housing proposal that was presented to the City Council in 2005 included 26 secondary units on 6,000 square foot lots in neighborhood C located in the northern portion of the overall project. Braddock & Logan is currently proposing to construct 13 secondary units on 3,200 square foot lots within the first phase of the project and 13 secondary units on 6,000 square foot lots in Neighborhood C. The 13 secondary units proposed as a part of neighborhood C would be part of a future phase. The proposed secondary units would be located over the garage of the primary unit. Off-street parking for the 13 secondary units in the first phase of the project will be provided in the driveway of the primary unit as shown on the Parking Exhibit (Attachment 6). The Positano development is subject to a Planned Development (PD) Zoning District. The proposal to develop secondary units on 3,200 square foot lots instead of 6,000 square foot lots requires a minor amendment to the Planned Development Zoning (PD). The PD amendment can be processed. administratively, if so directed by the City Council. Affordable Housing Agreement The proposed draft AHA addresses the affordable housing obligation for the first 247 homes within the Positano Development. A subsequent AHA would be required for the balance of the Positano development and would address the remainder of the proposed on-site and off-site affordable housing to satisfy. the Inclusionary Zoning Regulations. The subsequent AHA would be reviewed by the City Council at a later date. Braddock & Logan has a requirement to provide 31 affordable units in the first phase of construction. Total Units 247 Inclusionary Reauirement 12.5% Inclusionary Units 31 Page 4 of6 c.5~ :!f Lf1 The Inclusionary Zoning Ordinance permits the developer to pay in-lieu fees for 40% of the affordable requirement or 12 units. Braddock & Logan has a must build requirement of 19 units to satisfy the requirement to provide 31 affordable units for the first 247 homes. Braddock & Logan proposes to satisfy the obligation to provide 31 affordable units in the first phase of construction by providing 13 single-family detached homes and 13 secondary units to be affordable in perpetuity, payment of in-lieu fees for the remaining 5 units, and payment of a prorated share of the $1,000,000 Community Benefit Payment on a per unit basis (i.e. $958.77 per unit) prior to issuance of each building permit (for a total of $236,816 for 247 units). Details regarding the proposed affordable units can be found in Table 2 below. Unit Type Table 2: Affordable HousID2 for Phase 1 Ownership /Rental Income Level Size of Units Affordability Period Rental 50% moderate 20% low 30% very low 50% moderate 20% low 30% Very low All 4 bedroom In perpetuity 13 Single-family Detached Units For sale 13 Secondary Units All 1 bedroom! 1 bath In perpetuity 26 Total Affordable Units Rear Yard Landscaping The City Council directed Staff to work with Braddock & Logan to provide rear yard landscaping for the affordable single-family detached units. The AHA for the first phase ofthe project requires the Developer to provide rear yard landscaping for the detached affordable units as directed by the City Council (AHA Section 6.C) (including turf, shrubs, trees, irrigation, and a usable rear yard area). The Developer is required to submit conceptual rear yard Landscape Plans for review as part of the SDR application for the design of the homes. Energy Efficiency and Green Building Principles The AHA (Section 6.D) also obligates the developer to incorporate energy efficient measures and green building practices for the detached affordable units. Braddock & Logan has submitted a checklist outlining the measures that are proposed to address the City Council's direction. This checklist is included as Exhibit 5 of Attachment 1 to the Staff Report. Braddock & Logan has also submitted a "Single-Family GreenPoint Checklist" that identifies the energy efficiency and green building measures that will be incorporated into the affordable units. This checklist has been incorporated into the AHA (Section 6.0) and the agreement requires Braddock & Logan to meet the minimum standards established by the checklist. Anderson Property - 88 Off-site Affordable Units The 88 off-site affordable units to be constructed on the Anderson property is not part of the current AHA. Staff will continue to work with the Applicant to study the feasibility of incorporating market rate units into the project on the Anderson property and address construction timing and obtain the necessary security as we negotiate an AHA for the balance of the project. The additional AHA will be reviewed by the City Council at a future date. Page 5 of6 &.s ~~1 CONCLUSION: Because the secondary units and the affordable single-family detached units are not strictly consistent with the requirements in the Inclusionary Zoning Ordinance that states the affordable units should "reflect the range of numbers of bedrooms provided in the project as a whole" and because the secondary units do not satisfy the requirement that the units "not be distinguished by exterior design, construction, or materials," the City Council must find that Braddock & Logan's alternate, proposal meets the purposes of the Inc1usionary Zoning Ordinance. Staff believes this finding can be made based on the affordability characteristics of 4 bedroom homes (as opposed to 3 or 4-bedroom homes), the fact that the units will be affordable in perpetuity rather than for 55 years, the addition of the Community Benefit Payment, and the Developer's commitment to provide fully landscaped rear yards and energy efficiency measures which reduce housing costs. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Receive testimony from the Applicant and the public; 3) Deliberate; and 4) Adopt Resolution Approving Affordable Housing Agreement between the City of Dublin and Dublin RE Investors, LLC for the First Phase of the Positano development and authorizing the City Manager to execute the Agreement (Attachment 1), with the Affordable Housing Agreement attached as Exhibit A); and Direct Staff to prepare a minor administrative amendment to the Fallon Village Stage 1 and Stage 2 PD to allow secondary units on the 3,200 lots within the Positano development. Page 60f6 Minutes of the City Council of the City of Dublin REGULAR MEETING - June 5. 2007 CLOSED SESSION A closed session was held at 6:30 p.m., regarding: ~4- ~ Lit I. PERSONNEL - Government Code Section 54957.6(a) - Conference with Agency Labor Negotiator Richard Ambrose, City Manager - Unrepresented City Employees: Assistant City Manager City Engineer Administrative Analyst II Administrative Aide Assistant Civil Engineer Administrative Analyst I Associate Civil Engineer Administrative Technician Associate Planner Assistant Planner Recreation Supervisor Community Safety Assistant Senior Administrative Analyst Public Works Technician I Senior Civil Engineer Public Works Technician II Senior Planner Finance Technician I Administrative Services Director Finance Technician II Assistant to the City Manager Heritage Center Director Building Official Permit Technician City Clerk Office Assistant I Community Development Director Office Assistant II Economic Development Director Preschool Instructor Finance Manager Public Works Inspector Information Systems Manager Recreation Coordinator Parks & Community Services Director Recreation Technician Parks & Facilities Development Manager Secretary Planning Manager Secretary to the City ManagerlDeputy City Clerk Public Works Director/Assistant City Engineer Senior Finance Technician Housing Specialist Senior Office Assistant Parks & Community Services Manager Senior Building Inspector Parks & Facilities Development Coordinator Heritage & Cultural Arts Supervisor Geographic Information System Coordinator Information Systems Technician I Code Enforcement Officer Information Systems Technician II Senior Plan Checker .. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING June 5,2007 PAGE 198 . Attachment 8 35 '1 t;-'1 RESOLUTION NO. 78 - 07 AMENDING THE SCHEDULE OF SERVICE RATES FOR INTEGRATED SOLID WASTE SERVICES and RESOLUTION NO. 79 ~ 07 APPROVING AND ESTABLISHING THE COLLECTION OF MINIMUM RESIDENTIAL GARBAGE AND RECYCLING SERVICE FEES FOR FISCAL YEAR 2007-2008 and directed Staff to work with A VI for the next 6 months to review the commercial recycle bundled rate in the contract and also address incentives and measured benchmarks that would help to increase commercial recycling. .. 9:20 p.m. Mayor Lockhart called for a brief recess. The meeting reconvened at 9:30 p.m. with all Councilmembers present. . UNFINISHED BUSINESS Affordable Housing Agreement for the First Phase of the Positano Development (247 Lots) Located in Fallon Villaee 9:30 p.m. 7.1 (430-80/600-30/450/30) Senior Planner Jeff Baker presented the Staff Report and advised that The City Council would review the revised affordable housing proposal by Braddock & Logan to address the Inclusionary Zoning Regulations for the 1,043 units, Positano development in Fallon Village, and reviewed the proposed Affordable Housing Agreement for the First Phase of the Positano development which consists of 247 units. DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING June 5, 2007 PAGE 207 . 3b ~i;1 r-'. Mayor Lockhart asked if parking would be a concern on the smaller lots with the second units. Mr. Baker explained that parking would be provided by a sufficient-sized driveway. The City Council entered into a brief discussion regarding the interior standards of these units. On motion of Cm. Sbranti, seconded by Vm. Hildenbrand and by unanimous vote, the City Council adopted RESOLUTION NO. 80 - 07 APPROVING AN AFFORDABLE HOUSING AGREEMENT FOR THE FIRST PHASE OF THE POSITANO PROJECT BETWEEN THE CITY OF DUBLIN AND DUBLIN RE INVESTORS, LLC, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT and direct Staff to prepare a minor administrative amendment to the Fallon Village Stage 1 and Stage 2 PD to allow secondary units on the 3,200 lots within the Positano development. . NEW BUSINESS Request to Initiate a West Dublin BART Specific Plan Amendment Study to Increase the Residential Density at 6600 Golden Gate Drive, Commonly Referred to as the Windstar Proiect (APN 941-1500-046) 9:51 p.m. 8.1 (410-55) Senior Planner Erika Frasier presented the Staff Report and advised that the City Council would consider the initiation of a West Dublin BART Specific Plan Amendment for the DUBLIN CITY COUNCIL MINUTES VOLUME 26 REGULAR MEETING June 5,2007 PAGE 208 ~. ~ ~7 %. L;1 Jll~ BRADDOCK & LOGAN SERVICES. INC. BUILDERS - DEVELOPERS ESTABLISHED 1947 P. O. BOX 5300 DANVILLE. CA 1 ~FORNIA 94526-1076 TELEPHONE (925) 736-4000 FACSIMILE (925) 648-5700 March 19,2007 (Revised March 20,2007) Jeff Baker Senior Planner City of Dublin 100 Civic Plaza Dublin, CA 94568 Re: Anderson Property Dear Jeff: Please accept this letter as Braddock & Logan's formal request to amend the General Plan and the Specific Plan from medium density to medium high density on the residential portion of the Anderson property. I am including another copy of the revised site plan and architectural drawings (which were sent to you yesterday) for the proposed project for 108 apartment units. With this letter I am also enclosing the vicinity map. If you have any questions, please call me. ~~erelY, f. '"-- \ -_....~ JLln Enclosures Attachment 9 \..... 1 .~1. 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