HomeMy WebLinkAboutReso 080-96 NegDeclInclusZon FeeRESOLUTION NO. 80 - 96
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING A NEGATIVE DECLARATION FOR THE
INCLUSIONARY ZONING ORDINANCE; AND
ESTABLISHING METHOD .FOR DETERMINING AMOUNT OF IN-LIEU FEE
WltEREAS, 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
WBW~REAS, the Planning Commission and City Council held properly noticed public study
sessions to discuss issues related to the development of the Inclusionary Zoning Ordinance on February 6
and March 19, 1996, and
WltEREAS, pursuant to the City of Dublin Housing Element Strategy I.B., the City of Dublin has
prepared a draft Inclusionary Zoning Ordinance as a result of the direction given at these study sessions;
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 CIn-Lieu Fee"), and states that the City
Council shall establish the amount of the In-Lieu Fee by resolution; 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, the Inclusionary Zoning Ordinance has been reviewed in accordance with the
provisions of the California Environmental Quality Act; and
WHEREAS, an Environmental Impact Report, SCH #84011002, was prepared for the Dublin
General Plan and certified on February 11, 1985; and
WHEREAS, an Environmental Impact Report, SCH# 91103064, was prepared for the Eastern
Dublin Specific Plan and General Plan Amendment, and adopted by the City Council on May 10, 1993,
with two Addenda to the FEIK dated May 4, 1993 and August 22, 1994; and
WHEREAS, the above-noted Environmental Impact Reports addressed impacts of the future
development of the City of Dublin; and which impacts and analysis exceed the impacts of the Inclusionary
Zoning Ordinance; and
WHEREAS, the program proposed in the Inclusionary Zoning Ordinance, including in-lieu fees,
does not raise any new significant environmental issues which were not addressed in the Dublin General
Plan Environmental Impact Report, or the Eastern Dublin Specific Plan and General Plan Amendment
Environmental Impact Report, and therefore a Negative Declaration was prepared for this project; and
WHEREAS, notice of preparation of the Negative Declaration was published in the local
newspaper and posted in public buildings to provide for a 21 day public review period in accordance with
/--the City of Dublin Environmental Guidelines and the California Environmental Quality Act (CEQA); and
WHEREAS, a staff report was submitted for PA 96-018, the proposed Inclusionary Zoning
Ordinance, recommending that the Planning Commission recommend City Council approval of said draft
Ordinance; and
WItEREAS, af[er 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 approval of the Negative Declaration and adoption of the draft Inclusionary
Zoning Ordinance; and
WHEREAS, the City Council held a public heating on said Ordinance on May 28, 1996, for which
proper notice was given in accordance with California State Law; and
WHEREAS, a staff report was submitted for PA 96-018, the proposed Inclusionary Zoning
Ordinance, recommending the City Council' s approval of the Negative Declaration, establishment of
methodology for determining amount of In-Lieu Fee, and adoption of said draf[ Ordinance; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED TItAT THE Dublin City Council does hereby find
that the draft Ordinance is consistent with the stated purpose and objectives of the City' s Zoning
Ordinance, Municipal Code, General Plan, and Eastern Dublin Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve a
Negative Declaration.
AND, BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby establish
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 square foot for multi-family (attached
:, unit) developments, and $1.00 per square foot for single family (detached unit) developments.
2. The Fee will be calculated for the average unit size, in square feet, for the total number of units in the
project.
3. There will be no per-unit maximum for the Fee.
4. The Fee will be adjusted periodically, based upon the percentage increase in the Consumer Price
Index.
5. The actual amount of the total Fee charged for a project shall be determined at the time of project
tentative map approval.
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 Inclusionary Zoning Ordinance becomes effective.
PASSED, APPROVED AND ADOPTED this 1 lth day of June, 1996.
AYES:
NOES:
Councilmembers Barnes, Moffatt and Mayor Houston
Councilmember Burton
ABSENT: Councilmember Howard
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