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HomeMy WebLinkAboutOrd 43-08 Muni Code Inclusionary UnitsORDINANCE N0.43 - 08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN 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 08-041) 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-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 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% 1 of 3 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." 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. Conforming Changes to Resale Restriction Agreement. Chapter 8.68 of the Dublin Municipal Code, which contains the Inclusionary Zoning Regulations requires purchasers of inclusionary units to execute and record aCouncil-approved form Resale Restriction Agreement with Option to Purchase ("Resale Restriction Agreement"). The City Manager is hereby authorized to cause the Council- approved form Resale Restriction Agreement to be revised to conform to amendments to Chapter 8.68 made by this Ordinance and is further authorized to make non-material revisions to the same. SECTION 5. Effect on Existing Affordable Housing Agreements with Developers. Developers pursuing projects that are subject to existing Affordable Housing Agreements and that contain Inclusionary Units that have not yet been sold may seek an amendment of the existing Affordable Housing Agreement to conform to the changes made by this Ordinance. The City Manager shall execute such amendments provided that are consistent with this Ordinance. Any such amendment may not become effective sooner than the date on which this ordinance becomes effective. SECTION 6. 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 7. 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 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 8. 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. 2 of 3 PASSED, APPROVED AND ADOPTED this 2°d day of December 2008, by the following vote: AYES: Councilmembers. Hart, Hildenbrand, Scholz and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~(iN^~ - Mayor ATTEST: ,f L City Clerk Ord No 43-08, Adopted 12-2-08, Item 4.3 3 of 3