The URL can be used to link to this page

Home My WebLink About8.2 Smoke Ord Apt Housing~~~~ Off' nU~~~ /ii ~ 111 L~~ - ~ ~~~ DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL CITY CLERK File #560-90 March 20, 2012 Honorable Mayor and City Councilmembers ~~ Joni Pattillo, City Manager ° ~' Smoking Pollution Control Ordinance Report for Apartment Housing Prepared by Roger Bradley, Assistant to the City Manager EXECUTIVE SUMMARY: On July 19, 2011, the Dublin City Council adopted an ordinance that amended Chapter 5.56 of the Dublin Municipal Code, entitled Smoking Pollution Control, which required that apartment complexes (with 16 or more units) designate 75% of their units as non-smoking by January 1, 2013. The City Council will receive a report outlining progress with the ordinance provisions. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council receive the report. "' `µ~ Submitted By Assistant to the City Manager DESCRIPTION: ~, Reviewed By Assistant City Manager At the July 19, 2011 City Council meeting, the City Council adopted an ordinance that amended Chapter 5.56 of the Dublin Municipal Code, entitled Smoking Pollution Control. Specifically, the ordinance required that apartment complexes, with 16 or more for rent apartment units, designate 75% of their units as non-smoking by January 1, 2013. In order to ensure compliance with the ordinance, the City Council included a provision that required the submittal of an annual compliance report. As requested by the City Council, Staff has collected reports from all eligible complexes and is presenting an update on the progress of each complexes transition. As part of the report, Staff created a template for property managers to fill out indicating the number of units that were designated as non-smoking, the percentage of lease agreements that include the non-smoking restrictions, whether all outdoor common areas are designated as non- smoking, whether the property contains a smoking area, and an area for the property manager to indicate their plan for compliance with the 75% non-smoking unit requirement. Page 1 of 3 ITEM NO. 8.2 Current Non-smoking Units The City of Dublin has 17 apartment complexes (with a total of 4,146 units) that are affected by the ordinance. All complexes within the City, with the exception of one, have complied with the ordinance and have obtained the previously required threshold that at least 50% of their units are non-smoking, although there are a few different plans employed to comply. Some complexes simply drew a line across the property and designated one side as non-smoking. Others surveyed tenants and sought volunteers to opt-in as a first and sometimes only step necessary. Thus, in some cases, the contiguous unit requirement was difficult to obtain as some complexes attempted to work around tenants that smoked. The ordinance does allow this to occur with the exact requirement being that units be contiguous as much possible. As mentioned, Staff has also found that one property is out of compliance. In particular, Avalon Dublin had erroneously been reporting the number of smoking eligible units as the number of nonsmoking units. Staff will be working with this property to bring them into compliance with the ordinance. As of January 1, 2012, the City's apartment housing stock consisted of 3,187 (77%) units that are non-smoking. In addition, it is projected that there will be 3,619 (87%) non-smoking units on January 1, 2013. This high percentage is aided by a number of large complexes that have chosen to become all non-smoking properties. Specially, seven properties (Amador Lakes, Evan Alan, Fairway Ranch, Groves Senior Housing, Parkwood, Waterford, and Wicklow Square) have chosen to be completely non-smoking locations and Camellia Place is close to this number at 92%. Avalon Dublin has proposed the number of non-smoking units to be 65%, which would be out of compliance with the ordinance, and Staff has brought this discrepancy to the attention of the property manager and is working to rectify this issue. A complete breakdown of each property's progress is listed below. complex Total Units Non- smoking Units 1/1/12 % Non- smoking Non- smoking Units 1/1/13 % Non- smoking Amador Lakes 555 551 99% 555 100% Amador Valley 80 40 50% 62 78% Archstone Emerald Park 324 204 63% 252 78% Avalon Dublin 204 88 43% 132 65% Avalon Dublin Station 305 156 51 % 231 76% Camellia Place 112 103 92% 103 92% Cottonwood 248 128 52% 186 75% Emerald Park 368 192 52% 288 78% Evan Alan 20 20 100% 20 100% Fairway 304 304 100% 304 100% Groves 322 322 100% 322 100% Ironhorse Trail 177 101 57% 139 79% Park Sierra 283 179 63% 213 75% Parkwood 224 224 100% 224 100% The Springs 176 131 74% 144 82% Waterford 390 390 100% 390 100% Wicklow Square 54 54 100% 54 100% Total 4,146 3,187 77% 3,619 87% Page 2 of 3 Lease Agreements All complexes indicate that they have incorporated verbiage into their lease agreements indicating units are non-smoking. Outdoor Common Areas All apartment complexes indicate that the common outdoor areas are designated as non- smoking. In addition, there is only one complex, Amador Valley Apartments that has a designated smoking area on its property. The smoking area is currently listed at 25% of the total property area, which is compliant with the requirements listed within the ordinance. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was provided to all apartment complexes required to report under the ordinance. ATTACHMENTS: None. Page 3 of 3