HomeMy WebLinkAboutReso 057-97 EstablMethod InLieuRESOLUTION NO. 57 - 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ESTABLISHING METHOD FOR DETERMINING AMOUNT OF IN-LIEU FEE
WHEREAS, the City of Dublin Housing Element, Strategy I.B., and the Eastern Dublin Specific
Plan, Programs 4.F. and 4.G., require the City of Dublin to prepare an Inclusionary Zoning Ordinance; and
WHEREAS, pursuant to City of Dublin Housing Element Strategy I. B., the City of Dublin prePared
a Draft Inclusionary Zoning Ordinance; and
WHEREAS, the Planning Commission held a public hearing on said draft Ordinance on May 7,
1996, for which proper notice was given in accordance with California State Law; and
WHEREAS, on July 9, 1996, the City Council adopted Ordinance 14-96, the Inclusionary Zoning
Ordinance; and
WHEREAS, Section 8.24.080 (B) of the proposed Inclusionary Zoning Ordinance provides the
option of paying a fee in-lieu of constructing Inclusionary Units ("In-Lieu Fee"), and states that the City
Council shall establish the amount of the In-Lieu Fee by resolution; and
WHEREAS, the City Council on June 11, 1996, adopted Resolution 80-96 establishing a method for
determining the amount of the In-Lieu Fee; and
WHEREAS, the City Council on January 21, 1997, directed Staff to prepare a revised method for
determining the amount of the In-Lieu Fee whereby the fee will be charged only for habitable areas of
residences, specifically excluding garages; and
WHEREAS, a staff report was submitted for PA 97-010, the proposed amendment to the method for
determining the amount of the In-Lieu Fee; and
WHEREAS, the Planning Commission held a public hearing on said revised method for determining
the amount of the In-Lieu Fee on April 22, 1997, for which proper notice was given in accordance with
California State Law; and
WHEREAS, a Negative Declaration of Environmental Impact was adopted for the Inclusionary Zoning
Ordinance on June 11, 1996; and
WHEREAS, The Negative Declaration was prepared pursuant to the California Environmental Quality
Act (CEQA), State CEQA Guidelines, and the City of Dublin CEQA Guidelines; and
WHEREAS, The proposed amendments to the Inclusionary Zoning Ordinance address the timing of
payment of in-lieu fees, the means of their calculation, and the amount of funds realized; and
WHEREAS, These amendments would not have significant impacts on the environment that were not
addressed by the adopted Negative Declaration; and
WHEREAS, The Negative Declaration adopted on June 11, 1996, addresses all impacts of the
Inclusionary Zoning Ordinance including the proposed amendments thereto; and
WHEREAS, after considering all staff reports, recommendations, and written and oral testimony
submitted at the Public Hearing hereinabove set forth, the Planning Commission adopted a Resolution
recommending City Council adoption of a resolution revising the method for determining the amount of the
In-Lieu Fee; and
WHEREAS, the City Council held a public hearing on said Resolution on May 20, 1997, for which
proper notice was given in accordance with California State Law; and
WHEREAS, a staff report was submitted for PA 97-010, recommending the City Council's approva,~
of the revised methodology for determining amount of In-Lieu Fee; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony
hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that
the revised method for determining the In-Lieu Fee is consistent with the stated purpose and objectives of the
City's Zoning Ordinance, Municipal Code, General Plan, and Eastern Dublin Specific Plan.
AND, BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby revise the
methodology for determining the amount of the In-Lieu Fee for each development project subject to the
requirements of the Inclusionary Zoning Ordinance, as follows:
1. The In-Lieu Fee shall be based upon a charge of $.75 cents per habitable square foot for multi-family
(attached unit) developments, and $1.00 per habitable square foot for single family (detached unit)
developments.
2. The In-Lieu Fee shall be calculated based on the habitable square feet of each dwelling unit, excluding
garages.
3. There shall be no per-unit maximum for the In-Lieu Fee.
4. The In-Lieu Fee Per habitable square foot shall be adjusted periodically to reflect the percentage change in
the Consumer Price Index (CPI), and may also be adjusted as necessary for changing conditions in the City.
5. The In-Lieu Fee shall be paid for each dwelling unit at the time the building permit is issued for that
dwelling unit.
The above methodology for determining the amount of the In-Lieu Fee for each development project subject
to the requirements of the Inclusionary Zoning Ordinance shall take effect as of the date on which the
amended Inclusionary Zoning Ordinance becomes effective.
PASSED, APPROVED AND ADOPTED this 20th day of May, 1997.
AYES:
Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston
NOES: None
ABSENT: None
ATTEST:
Deputy Ci~ Clerk
Mayor
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