HomeMy WebLinkAboutPC Reso 08-35 Ord Amend Chap 8.68 of DubMuniCode PA08-041RESOLUTION NO. 08-35
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING
CHAPTER 8.68 OF THE DUBLIN MUNICIPAL CODE (THE INCLUSIONARY
ZONING REGULATIONS) RELATING TO ESTABLISHING FIXED SALES PRICES
FOR OWNER-OCCUPIED INCLUSIONARY UNITS; ELIMINATING THE
REQUIREMENT TO CONSTRUCT OWNER-OCCUPIED VERY-LOW INCOME
UNITS; AND, ALTERING THE FOR-SALE INCLUSIONARY UNIT INCOME
RATIOS (PA 08-0411
WHEREAS, a goal of the Housing Element is to achieve a balanced community with housing
available for households at a range of income levels; and
WHEREAS, accordingly, the City has adopted the Inclusionary Zoning Regulations ("the
Regulations"), set forth at Chapter 8.68 of the Dublin Municipal Code, which Regulations generally
require developers of residential housing in excess of 19 units in the City of Dublin to set aside 12.5% of
such units for very-low-, low-, and moderate-income households, as defined; and
WHEREAS, Staff has determined that the Regulations are in need of certain modifications and
has presented a draft Ordinance amending the Regulations to the Planning Commission at a public
hearing for a recommendation to the City Council; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the City of Dublin Planning Commission ("P .anning Commission") held a public
hearing on said application on October 28, 2008; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgm(,nt to evaluate the project; and
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does
hereby find that:
A. That the City of Dublin Planning Commission does hereby recommend that the City Council
approve an Ordinance of the City Dublin amending Chaptet 8.68 of the Dublin Municipal Code
relating to Inclusionary Zoning regulations as set forth in they draft Ordinance attached as Exhibit
A.
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PASSED, APPROVED AND ADOPTED this 28th day of October, 2008 by the following vote:
AYES: Schaub, Tomlinson, Biddle and Wehrenber;;
NOES:
ABSENT: King
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning 1?([ e
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ORDINANCE NO. - 08
AN ORDINANCE OF THE CITY OF DUBLIN AME14DING CHAPTER 8.68
OF THE DUBLIN MUNICIPAL CODE (THE INCLUSIONARY ZONING
REGULATIONS) RELATING TO ESTABLISHING FIXED SALES PRICES FOR
OWNER-OCCUPIED INCLUSIONARY UNITS; ELIN[INATING THE REQUIREMENT
TO CONSTRUCT OWNER-OCCUPIED VERY-1 OW INCOME UNITS; AND,
ALTERING THE FOR-SALE INCLUSIONARY UNIT INCOME RATIOS (PA 08-041)
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Amendment of Section 8.68.020: Subdivision A of Section 8.68.020 of the Dublin
Municipal Code is amended to read as follows:
"A. "Affordable Unit" means an ownership or rental-housin;; unit, including senior housing,
affordable to households with very-low, low, or moderate incomes as defined in this chapter.
Rental units are deemed affordable units if the annual rent does not exceed 30% of
maximum income level for 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
housing expenses that do not exceed 35% of the maximum income level for very-low-,
low-, and moderate-income households, adjusted for household size and as defined
below.
Section 2. Amendment of Section 8.68.030. Subdivision B of Section 8.68.030 of the Dublin
Municipal Code is amended to read as follows:
"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:
Rental Units Owner-Occupied Units
Very-low-income households 30% 0%
Low-income households 20% 40%
Moderate-income households 50% 60%
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."
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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 sex erable 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 and continuations thereof and not as new enactments. With respect, however, to violations,
rights accrued, liabilities accrued, or appeals taken, prior to the effecti,, e date of this ordinance, under any
chapter, ordinance, or part of an ordinance shall be deemed to remain Li 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 oil Dublin, on this _ day of
2008, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
1156328.1
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