HomeMy WebLinkAbout01-038 InclsnryZningReg11-26-2002 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: November 26, 2002
SUBJECT:
PA-01-038 A Resolution recommending changes to the Dublin
Municipal Code, Zoning Ordinance Section 8.68.(Inclusionary
Zoning Regulations) regarding changes to priorities used in the
selection of occupants for Inclusionary Affordable Units, the
percentage of household income allowed for housing exp.enses; and
land dedication requirements in lieu of building affordable units
Report Prepared by: Eddie Peabody, dr., Community Development
Director and dulia Abdala, Housing Specialist
ATTACHMENTS
Examples of Housing Task Force Recommended Priorities
For Selection of Occupants for Affordable Units
Resolution recommending approval of amendments to
Chapter 8.68 of the Dublin Municipal Code related to
household income, affordable household priorities and land
dedication requirements
RECOMMENDATION:
2.
3.
4.
5.
Open Public Hearing
Hear Staff Presentation
Take Public Testimony
Close Public Hearing
Approve Resolution recommending changes to Chapter 8.68
of the Dublin Municipal Code related to household income,
affordable household priorities and land dedication
requirements
FINANCIAL STATEMENT: No financial impact.
DESCRIPTION: Before the Planning Commission tonight are three proposed changes to the
Inclusionary Zoning Ordinance:
· A financial change in the required household income necessary to qualify for Inclusionary units.
(Section 8.68.040 A & B)
· A change in the priorities of various affordable housing groups in the selection of new
Inclusionary units as recommended by the City's Housing Task Force (Section 8.68.020 A)
· At the specific request of the City Council in May, 2002, a specific new Land Dedication
requirement in lieu of building affordable units that can occur when the City Council determines
that this option should be taken (Section 8.68.040 C new subsection 3)
Staff has researched the prevailing percentage of required household income necessary to qualify for new
Inclusionary housing; the City's Housing Task Force has recommended new priorities for various classes
of affordable housing groups who should qualify for new Inclusionary housing and prepared three options
for new Land Dedication requirements as well as a specific recommendation for the Planning
Commission's consideration.
COPIES TO: In-House Distribution
G:\PA#L2001\01-038\PC SR 11-26-02 .doc
ANALYSIS:
Standards for Household Income Attributable to Affordable Housing
Staff has determined that a correction is necessary under Section 8.68.020A.2 "Definitions". While rental
units are deemed affordable if the annual rent does not exceed 30% of maximum household income,
owner-occupied, or for-sale units may be considered affordable with a slightly higher amount of
household income directed to the mortgage payment. Review of standard underwriting criteria in the
lending industry and a poll of Bay Area Cities has demonstrated that it is reasonable to increase the
household income directed toward housing expenses to 35%. The new Section 8.68.020A.2 would read
"Owner-occupied units are deemed affordable units if the sales price results in housing expenses that do
not exceed 35% of income level for very-low, low, and moderate-income households, adjusted for
household size and as defined below."
New Priorities for Various Housing Groups in the Selection Process for New Inclusionary Units
The second requested amendment to the Inclusionary Zoning Ordinance is in reference to Section
8.68.050D, Selection Criteria. The City of Dublin's Housing Task Force reviewed the priorities listed in
the Inclusionary Ordinance and has recommended changes.
Currently
1.
2.
3.
4.
5.
6.
7.
8.
the Priorities in selecting occupants of Inclusionary units are as follows:
Dublin residents that are seniors
Dublin residents that are permanently disabled
Dublin residents and non-residents who are members of Dublin's workforce
Dublin residents with children
Other Dublin residents
Non-residents that are seniors
Non-residents that are permanently disabled
Other non-residents.
The Housing Task Force unanimously recommends that priority be given for individuals employed within
the boundaries of Dublin, residents of Dublin, seniors, and permanently disabled individuals. Each of
these categories would receive a given point or number of points. A given household may belong to more
than one category in which case, the number of points would be the total of the points for all the
categories to which they belong.
Category
Employed within the boundaries of the City of Dublin
All other Dublin residents
Seniors
Permanently disabled
Points for category
3 points
3 points
1 point
1 point
These points would be cumulative, so households fitting into more than one category could have points
from several categories. See Attachment 1 for examples.
The benefit of this system is the simplicity while still giving priority to those who live and work in the
City of Dublin and some priority for seniors and permanently disabled households. The Housing Task
Force further recommended a three-tiered process in the selection of eligible occupants for rental and for-
sale Inclusionary units.
The first step would be to qualify by income all who applied to ascertain if they meet the necessary
income category (moderate, low, or very-low income)
2
The second step would be to establish that the number of members of the household would be eligible for
the size units that were being developed and dedicated as Inclusionary.
A studio apartment would allow no more than one occupant,
a one bedroom unit would allow for a one or two member household,
a two bedroom unit would allow for a two, three or four member household, and
a three bedroom unit would allow for a three, four, five or six member household.
The third step would be to establish the priorities, given the above scoring system, within the various
income categories.
From this established list, the developer would be able to offer the rental units to those households, or on
an ownership project, to those households that would qualify for a loan.
New Land Dedication Requirements
On May 21, 2002 the City Council instructed staff to return with an amendment to the Inclusionary
Zoning Ordinance that would allow the City Council to permit land dedication in lieu of building required
Inclusionary units. The issue is to ensure that the value of the property dedicated to the City or non-profit
developer covers both the cost of the land on which to build the required units and the cost to build the
Affordable Units. Staff has prepared three specific options and the details follow. Option 3 is the
recommendation of Staff and is included in the proposed Ordinance change.
Option 1 - Land Dedication based on size of lots in the subdivision
Builder dedicates land in lieu of building required units as follows:
· Dedicates land based on size of lots built in subdivision equal to required Affordable Units that
should have been built (7.5%)
· Pays 5% Inclusionary Fee
Example
If required to build 15 units (7.5% of a 200 lot subdivision) and the average lot size was 4,000 square feet,
the land dedication would be 4,000 x 15 - 1.37 acres
Payment of In-lieu fee would be:
10 units (5% of a 200 lot subdivision)
Fee is $72,176 per unit
$72,176 x 10 = $721,760
Option 2 - Land Dedication to build all required Inclusionary units on multi-family zoned land
Builder would dedicate land in-lieu of building required units as follows:
· Dedicates land based on amount of land needed to build Affordable Units on site with average
density of 22 units per acre, which would accommodate both very low and low (rental units)
and for- sale or rental units for moderate units and
· Pays 5% In-lieu Fee
Example
If required to build 15 units (7.5% of a 200 lot subdivision). Dedication is based on 15 units on a site that
can support up to 22 units per acre. For 15 units on a site designed at 22 units per acre, the land
dedication would be:
15 = .68 acre
22
Payment of In-lieu fee would be:
10 units (5% of a 200 lot subdivision)
Fee is $72,176 per unit
$72,176 x 10 = $721,760
Option 3 - Land Dedication based on size of lots in the subdivision and the difference between
market rate (1,200 square foot unit) and comparable affordable unit of the same size
Builder would dedicate land in-lieu of building required units as follows:
· Dedicates land based on size of lots built in subdivision to required Affordable Units that should
have been built (7.5%) and
· Dedicates land equivalent to the difference between the market rate of 1,200 square feet for-sale
units and the affordable price per unit ($72,176) for the number of units required
· Pays 5% In-lieuFee
Example
If required to build 15 units (7.5% of a 200 lot subdivision) and the average lot size was 4,000 square feet,
the first land dedication would be:
4,000 x 15 = 1.37 acre (1st dedication)
The second dedication would be the difference between the market rate for a unit and the affordable rate
of a unit translated into an average unit. $72,176 (the difference between a market rate and affordable
unit as adjusted as a part of the in-lieu fee) would be multiplied by the number of units required (15) and
then divided by the average cost assumed in the market rate/affordable unit land cost adopted as a part of
the in-lieu fee.
$72,176 x 15 (number of units required) divided by the assumed land cost per acre ($864,000 previously
determined as a part of the adopted in-lieu fee calculation) -- 1.25 Acres
Payment of In-lieu fee would be:
10 units (5% of a 200 lot subdivision)
Fee is $72,176 per unit
$72,176 x 10 = $721,760
Comparison of Options
Below is a chart covering land dedication requirements and in-lieu fee charges for the example of a 200
lot subdivision of 4,000 average square foot properties. A brief comparison of the options is presented
below:
Option 1 Option 2 Option 3
Land Dedication Requirements
1.37 acres .68 acre 2.62 acres
In-lieu fee charges
$721,760 $721,760 $721,760
4
Advantages and disadvantages of the options on a subdivision of 200 units with 4,000 square foot lots are:
Pros Cons
Option 1
Moderate could be built
on the required dedication
(1.37 acres - 7 units)
Low/very low units would need to be consolidated
with the Inclusionary requirements of other
projects on a larger site to insure an economical
project (i.e. more than 8 units on one site)
Option 2
.68 acre dedication
Both moderate and low/very-low units would have
to be consolidated with other projects elsewhere
.68 acre too small by itself
Option 3
2.62 acre dedication large The largest dedication requirement for the developer
enough to build all required
units. Addresses both land
to build units and subsidizes
the difference in cost between
market and affordable costs
to build the units
Conclusion
Staff believes that Option 3 is the best land dedication solution. It more closely relates the land needed to
build required affordable units and recovers some of the difference the cost between market and
affordable units costs for the units that could have been built by the developer on site.
RECOMMENDATION:
Staff recommends that the Planning Commission conduct a public hearing, receive the staff report and
adopt a Resolution recommending approval of amendments to Chapter 8.68 of the Dublin Municipal
Code, Zoning Ordinance, related to household income, affordable household priorities and land
dedication requirements as recommended by Staff.
EXAMPLES OF RECOMMENDED PRIORITIES FOR SELECTION OF
OCCUPANTS FOR AFFORDABLE UNITS
A person lives in Dublin and
Works in Dublin
3 points
3 points = total of 6 points
A household with two members, live outside the City of Dublin 0 points
One of which is a senior 1 point
And one of which works within the City of Dublin 3 points
A single person who lives outside the City of Dublin
Is permanently disabled
And is a senior
A single person who is a senior
And lives in the City of Dublin
A household that rents in the City of Dublin
A senior
Who lives outside the City of Dublin
A fireman who lives elsewhere
Works within the City of Dublin
A household with two members living in the City of Dublin
And works outside the City of Dublin
A household with two members living in the City of Dublin
And works within the City of Dublin
= total of 4 points
0 points
1 point
lpoint=
total of 2 points
1 point
3 points =total of 4 points
3 points=total of 3 points
1 point
0 points =total of 1 point
0 points
3 points = total of 3 points
3 points = total of 3 points
3 points
3 points = total of 6 points
ATTACHMENT 1
6
RESOLUTION NO. 02 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AMENDMENTS TO CHAPTER 8.68
OF THE DUBLIN MUNICIPAL CODE RELATING TO HOUSEHOLD INCOME,
AFFORDABLE HOUSEHOLD PRIORITIES AND LAND DEDICATION REQUIREMENTS
PA 01-038
WHEREAS, the citizens of Dublin are experiencing a housing shortage for very low-, low- and
moderate-income households; and
WHEREAS, a goal of the Housing Element of the City's General Plan is to achieve a balanced
community with housing available for households of a range of income levels; and
WHEREAS, the City Council has adopted major changes to the Inclusionary Zoning Regulations
of the City Ordinance; and
WHEREAS, on May 21, 2002 the City Council instructed Staff to provide further definition for a
land dedication option for developers to fulfill the Inclusionary Ordinance requirements, and
WHEREAS, on further review by Staff of Bay Area Inclusionary Ordinances and standard
industry underwriting criteria revealed that the percentage of household income directed toward housing
costs for ownership units may be higher than 30% and therefore allow for more lower income households
to qualify for affordable units, and
WHEREAS, the City of Dublin Housing Task Force reviewed the priorities established in the
current Inclusionary Ordinance and made recommendations for changing these priorities; and
WHEREAS, the Planning Commission did hold a public hearing on this matter on November 26,
2002; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the City of Dublin adopted a Negative Declaration for the Inclusionary Zoning
Ordinance on June 11, 1996. The Negative Declaration was prepared pursuant to California
Environmental Quality Act (CEQA) Guidelines, and the City of Dublin Environmental Guidelines. These
amendments do not change the General Plan or zoning density for any site. These amendments would not
have impacts on the environment that were not addressed by the adopted Negative Declaration. The
current amendments are within the scope of the Negative Declaration adopted on June 11, 1996 and no
further environmental review is required; and
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
recommend that the City Council approve an Ordinance of the City of Dublin amending Chapter 8.68 of
the Dublin Municipal Code relating to Inclusionary Zoning regulations as set forth in Exhibit A.
PASSED AND ADOPTED BY the Planning Commission of the City of Dublin, on this 26th day
of November 2002, by the following votes:
ATIACHMENT
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Planning Commission Chairperson
Planning Manager
G:LPA#L2001\01-038\pc reso 11-26.doc
EXHIBIT A
NOVEMBER 26, 2002
PROPOSED AMENDMENTS TO
CHAPTER 8.68 INCLUSIONARY ZONING REGULATIONS
8.68.010. Purpose. The purpose of this chapter is to:
enhance the public welfare and assure that further housing development contributes to the attainment
of the City's housing goals by increasing the production of residential units affordable by households
of very low, low, and moderate income.
assure that the limited remaining developable land in the City's planning area is utilized in a manner
consistent with the City's housing policies and needs.
8.68.020. Definitions. As used in this chapter, each of the following terms shall be defined as follows:
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"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.
Rental units are deemed affordable units if the annual rent does not exceed 30 35% of
maximum income level for very-low-, low-, and moderate-income households, adjusted for
household size and as defined below.
Owner-occupied units are deemed affordable units if the sales price results in annual
--^--* ........... *~ housing expenses that do not exceed 50 35% of income level for very-
low-, low-, and moderate-income households, adjusted for household size and as defined
below.
"Applicant" means any person, firm, partnership, association, joint venture, corporation, or any
entity or combination of entities that seeks city real property development permits or approvals.
C. "Dwelling unit" means a dwelling designed and intended for occupancy by one household.
Do
"Very-low-, low-, and moderate-income levels" means those income and eligibility levels
determined periodically by the California Department of Housing and Community Development
based on Alameda County median income levels adjusted for family size. Such levels shall be
calculated on the basis of gross annual household income considering household size and number of
dependents, income of all wage earners, elderly or disabled family members, and all other sources of
household income and will be recertified as set forth by local standards, and state and federal housing
law.
"Very-low income" means 50% or less of the median income, adjusted for actual household
size.
"Low income" means more than 50% to 80% of the median income, adjusted for actual
household size.
o
"Moderate income" means more than 80% to 120% of the median income, adjusted for actual
household size.
"Resale controls and/or rent restrictions" means legal restrictions by which the affordable units shall
be restricted to ensure that the unit remains affordable to very-low-, low-, or moderate-income
households, as applicable, for a period of not less than 30 years. With respect to rental units, such
rent restrictions shall be in the form of a regulatory agreement recorded against the applicable
property. With respect to owner-occupied units, such resale controls shall be in the form of resale
restrictions, deeds of trust, and/or other similar documents recorded against the applicable property.
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"Residential development" includes, without limitation, detached single-family dwellings, multiple-
dwelling structures, groups of dwellings, condominium or townhouse developments, condominium
conversions, cooperative developments, mixed use developments that include housing units, and
residential land subdivisions intended to be sold to the general public.
8.68.030. General Requirements
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12.5% Affordability Requirement. All new residential development projects of 20 units or more
designed and intended for permanent occupancy shall construct 12.5% of the total number of
dwelling units within the development as affordable units, except as otherwise provided by this
chapter. The foregoing requirement shall be applied no more than once to an approved development
(and generally at the tentative map stage), regardless of the changes in the character or ownership of
the development, provided the total number of units does not change. In applying and calculating the
affordability requirement, any decimal fraction less than or equal to 0.50 may be disregarded, and any
decimal fraction greater than 0.50 shall be construed as one unit.
Bo
Allocation of Units to Income Levels. Affordable units provided pursuant to this section shall be
allocated to households with very-low, low-, and moderate-income levels as follows:
Very-low-income households
30%
Low-income households
20%
Moderate-income households
50%
Where the calculation of the allocation results in fewer units that would otherwise be required
pursuant to subdivision A above, one additional unit should be allocated to the income level with a
decimal fraction closest to 0.50.
Co
Conditions of Approval: Any tentative map, conditional use permit, or site development review
approving residential development projects subject to this chapter shall contain conditions sufficient
to ensure compliance with the provisions of this chapter. Such conditions shall detail the number of
affordable units required, specify the schedule of construction of affordable units, set forth the
applicant's manner of compliance with this chapter, and require the execution of an agreement
imposing appropriate resale controls and/or rental restrictions on the affordable units.
Concurrent Construction. All affordable units in a project or phase of a project shall be constructed
concurrently with market-rate units, unless the City Manager determines in writing that extenuating
circumstances exist that make concurrent construction infeasible or impractical.
2
Design and Distribution of Affordable Units. All affordable units shall reflect the range of
numbers of bedrooms provided in the project as a whole and shall not be distinguished by exterior
design, construction, or materials. Affordable units may be of smaller size than the units in the project
and may have fewer amenities than the market rate units in the project. All affordable units shall be
reasonably dispersed throughout the project.
8.68.040.
Exceptions to 12.5% Affordability Requirement. Developers of projects subject to 8.68.030.A
construct ! 2.5% of the total number of dwelling units within the development as affordable units,
unless subject to an exception set forth in this section. All exceptions require City Council
approval, which shall be obtained at or prior to the last discretionary approval for the project.
Payment of Fees In-Lieu of Creation of Affordable Units. Upon request of the applicant, the City
Council shall permit the applicant to pay a fee in lieu of constructing up to half of the affordable units
that the developer would otherwise be required to construct pursuant to section 8.68.030.A. The
amount of the fee shall be as set forth in a resolution of the City Council, which may be amended
from time to time to reflect inflation and changed conditions in the City and the region. In-lieu fees
shall be paid at and the time and in the amount set forth in the in-lieu fee resolution in effect at the
time of issuance of the building permit.
Bo
Off-Site Projects. An applicant may construct the affordable units not physically within the
development in lieu of constructing some or all of the affordable traits within the development, with
the approval of the City Council, if the City Council finds:
that construction of the units off-site in lieu of constructing units on-site is consistent with the
chapter's goal of creating, preserving, maintaining, and protecting housing for very low-, low-
and moderate-income households.
2. that the units to be constructed off site are consistent with section 8.68.030.E above
3. that it would be infeasible or impractical to construct affordable units on-site.
that conditions of approval for the project require that the off-site affordable units would be
governed by the terms of a deed restriction and, if applicable, rental restrictions similar to that
used for the on-site affordable units.
that the conditions of approval for the project, or other security such as a cash deposit, bond,
or letter of credit, are adequate to require the construction of the off-site affordable units
concurrently with the completion of the construction of the residential development or within
a reasonable period (not to exceed 5 years).
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Land Dedication. An applicant may dedicate land to the City or city-designated local non-profit
housing developer in lieu of construction of some of all of the required affordable units, if the council
finds that:
that dedication of land in-lieu of constructing units is consistent with the chapter's goal of
creating, preserving, maintaining, and protecting housing for very-low, Iow- and moderate-
income households.
that the dedicated land is useable for its intended purpose, is free of toxic substances and
contaminated soils, and is fully improved, with infrastructure, adjacent utilities, grading, and
all development-impact fees paid excluding any inclusionary zoning ordinance fees.
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constructed ^~ *kd .4~.4;~*~.4.~. land
that the proposed land dedication is of sufficient size to meet the following
requirements:
the dedication includes land sufficient to construct the number of units that the
applicant would otherwise be required to construct by Section 8.68.030.A, based
on the size of lots in the subdivision for which the applicant is meeting its
obligation; and
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in addition, the dedication includes such additional land the market value for
which is equal to or exceeds the difference between the value of a market-rate,
1200-square foot unit and the price at which such a unit could be sold as an
Affordable Unit (72,176) times the number of units required.
Credit transfers. An applicant may fully or partially satisfy the requirements of section 8.68.030.A
through the use of transfer credits created pursuant to section 8.68.060. Credit certificates shall be
presented to the Community Development Director, who shall note at the time of project approval the
credit certificate by number. Credit certificates may only be used to satisfy the requirements for
Inclusionary Units for the income category (i.e., very low, low, or moderate) and number of
bedrooms for which they are issued.
Uo
Waiver of Requirements. The City Council, at its discretion, may waive, wholly or partially, the
requirements of this ordinance and approve alternate methods of compliance with this chapter if the
applicant demonstrates, and the City Council finds, that such alternate methods meet the purposes of
this chapter.
8.68.050. General Procedures for Implementing Inclusionary Zoning Requirements
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Agreements. Prior to the issuance of a building permit for an affordable unit, resale restrictions or
rental controls, or both, as the case may be, shall be set forth in an agreement between the City and
the developer, in a form consistent with the City Council-adopted form agreement, which agreement
shall be recorded against the property containing the affordable units. The agreement shall be
executed by the City Manager, and its requirements shall run with the land and bind the applicant's
successors.
Rental Units; Occupancy; Annual Report. Agreements involving rental units shall require the
owner of the affordable units to ensure that the units are occupied by tenants whose monthly income
levels do not exceed moderate income levels and shall preclude tenants from subletting or subleasing
the unit. The agreement shall also require the owner of the affordable unit to submit an annual report
to the City Manager, in a format approved by the City. The report shall include, but not be limited to
the following information: an identification of the affordable units within the project; the monthly
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rents charged and proposed to be charged; vacancy information for the prior year; and the monthly
income for tenants of each affordable unit throughout the prior year.
Ownership Units; Occupancy; City's Right of First Refusal. Agreements for ownership units
shall specify that the inclusionary units must be occupied by the owner or owners and may not be
leased or rented without the written approval of the City. The resale restrictions shall provide that in
the event of the sale of an affordable unit, the City shall have the right to purchase any affordable
owner-occupant unit at the maximum price that could be charged to an eligible household.
Selection Criteria. No household shall be permitted to occupy a unit that is required under this
chapter to be affordable unless the City or its designee has approved the household's eligibility.
Eligible potential occupants of affordable units will be qualified on the basis of household income,
the median combined household income statistics published periodically by the Califomia
Department of Housing and Community Development, all sources of household income and assets,
the relationship between household size and the size of available units, and any further criteria
required by law. The developer shall use an equitable selection method established in conformance
with the terms of this chapter. The selection criteria may not distinguish between adults and children.
Selection of qualified person should be based on priorities established using the point system
described below:
1
3. Dublin
· Employed within the boundaries of the City of Dublin (3 points, one per household)
· Dublin resident (3 points, one per household)
· Seniors (1 point, one per household)
· Permanently disabled (1 point, one per household)
To qualify as "Employed within the boundaries of the City of Dublin", the person shall have been
employed with the City of Dublin for at least six months.
To qualify as a "Dublin resident," the person shall have been a resident of the City of Dublin for at
least a one-year period prior to the eligibility determination.
5
8.68.060. Affordable Unit Credits.
mo
Creation. Affordable unit credits may be created by the City Council. One affordable unit credit
certificate shall be issued for each affordable unit constructed in excess of the number of affordable
units required to be constructed for the project by Section 8.68.030.A. The certificate shall designate
a specific income category (i.e., very-low, low, or moderate income) and number of bedrooms for
which they are issued.
Bo
Ownership and use of credits. Affordable unit credit certificates are issued to and become the
possession of the project owner, who may then use them to satisfy the requirements of this chapter
for another project in the City. Ifa project owner proposes to sell credit certificates, the parties shall
first obtain the consent of the Community Development Director, who will document the transfer by
certificate number.
8.68.070.
Incentives to Encourage On-Site Construction of Affordable Units. The City may, but shall
not be required to, offer incentives or financial assistance to encourage the on-site construction of
affordable units in excess of 15% of the total number of units in the project to the extent resources
for this purpose are available and approved for such use by the City Council or City Manager.
Such incentives may include, but shall not be limited to, the following:
A. Fee Deferral.
Development Processing Fees. The City Manager may approve deferred payment of City
processing fees applicable to the review and processing of the project. The terms and
payment schedule of the deferred fees shall be subject to the approval of the City Manager.
Development Impact Fees. The City Council may authorize the deferred payment of
development impact fees applicable to the affordable units. Approval of this incentive
requires demonstration by the Applicant that the deferral increases the project's feasibility.
The applicant must provide appropriate security to ensure future payment of such fees.
Design Modifications. The City Council may approve design modifications to affordable units that
increase the feasibility of the construction of affordable units, including but not limited to, the
following:
1. Reduced lot size.
2. Reduced setback requirements.
3. Reduced open space requirements.
4. Reduced landscaping requirements.
5. Reduced interior or exterior amenities.
6. Reduction in parking requirements.
7. Height restriction waivers.
8.68.080. Inclusionary Zoning In-Lieu Fee Fund. In-lieu Fees shall be deposited into a fund known as
the "Inclusionary Zoning In-Lieu Fees Fund" ("Fund").
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Use. All monies in the Fund, together with any interest earnings on such monies less reasonable
administrative charges, shall be used or committed to use by the City for the purpose of providing
very-low, low-, and moderate-income ownership or rental housing in the City of Dublin.
Bo
Annual report. The City Manager shall prepare an annual report to the City Council identifying the
balance of monies in the Fund and the affordable units provided and any monies committed to
providing very-low-, low-, and moderate-income housing. The annual report shall also include a
review of administrative charges.
8.68.090.
Violations. It shall be unlawful for any person, firm, corporation, partnership or other entity that
is subject to this ordinance pursuant to section 8.68.030.A to violate any provision or to fail to
comply with any of the requirements of this chapter. A violation of any of the provisions or
failing to comply with any of the requirements of this Chapter shall constitute a misdemeanor;
except that notwithstanding any other provisions of this Code, any such violation constituting a
misdemeanor under this chapter, may in the discretion of the enforcing authority, be charged and
prosecuted as an infraction. Any person convicted of an infraction under the provisions of this
Code shall be punishable as provided by the Government Code of the State of California.
8.68.100. Enforcement.
mo
General. The City Manager shall enforce this chapter, and its provisions shall be binding on all
agents, successors, and assigns of an applicant. The City Manager may suspend or revoke any
building permit or approval upon finding a violation of any provision of this chapter. No land-use
approval, building permit, or certificate of occupancy shall be issued for any residential development
unless exempt from or in compliance with this chapter. The City may institute any appropriate legal
actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions
to revoke, deny, or suspend any permit or development approval.
Excessive rents/legal action. If the City Manager determines that rents in excess of those allowed
by operation of this chapter have been charged to a tenant residing in an affordable unit, the City may
take appropriate legal action to recover, and the project owner shall be obligated to pay to the tenant,
or to the City in the event the tenant cannot be located, any excess rents charged.
8.68.110. Appeals. Decisions of the City Manager under this Chapter may be appealed as provided in
Chapter 8.136.
G:hnA#'O.001\01-038\pc reso l 1-26.doc