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HomeMy WebLinkAboutReso 40-14 The Groves 52 Unit Affordable Housing RESOLUTION NO. 40 - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS CONFIRMING THE WAIVER OF THE 52-UNIT AFFORDABLE HOUSING OBLIGATION FOR THE GROVES AT DUBLIN RANCH (LOT 3) WHEREAS, on July 15, 2003, the City of Dublin executed a Development Agreement for the Dublin Ranch/Fairway Ranch Property ("Fairway Ranch Project"); and WHEREAS, in accordance with the City's Inclusionary Zoning Ordinance the developer agreed in the Fairway Ranch Development Agreement, dated July 15, 2003, to construct a total of 587 affordable units, 93 of which would satisfy the City's Inclusionary Zoning Regulations; and WHEREAS, the Fairway Ranch Project included three components, a Multifamily Component including 243 affordable units, a Senior Housing Component, including 292 affordable units, and a Condominium Component, including 52 affordable units; and WHEREAS, the Development Agreement provided that developer would receive credits for 332 affordable units for units constructed in the Multifamily Component and Senior Housing Component, which credits could be applied elsewhere within the developer's land holdings (i.e. Dublin Ranch) and that developer would receive certain incentives and waivers in exchange for construction of an additional 162 affordable units; and WHEREAS, the incentives and waivers consisted of 1) a finding that the developer had fully complied with the City's Inclusionary Zoning Obligations, 2) a loan, 3) the ability to apply 332 affordable unit credits to future portions of the Fairway Ranch Project, and 4) a commercial linkage fee waiver to be applied to commercial portions of the Fairway Ranch Project; and WHEREAS, in recent years, changes in market conditions have made the Condominium Component less viable; and WHEREAS, current developer, Lennar Corporation ("Lennar"), submitted an application for a new project on Lot 3, consisting of 122 townhouse condominium units ("the Current Project"); and WHEREAS, Lennar proposed to satisfy its affordable housing obligation for the Current Project under the City's Inclusionary Housing Ordinance by paying a fee of$1,300,000 in lieu of constructing 15 inclusionary units (12.5 percent of 122 units); and WHEREAS, this proposal was approved by resolution on February 18, 2014, when the City Council approved a Site Development Review Permit and Vesting Tentative Map for the Lot 3 Project; and Page 1 of 2 WHEREAS, Lennar has requested confirmation from the City that it is no longer required to satisfy the original 304 unit Condominium Component and 52 moderate-income-unit obligation for Lot 3; and WHEREAS, the City Council desires to authorize the City Manager to execute all appropriate documents to confirm the waiver of the obligation to construct the 304 unit Condominium Component and the 52-moderate-income-unit obligation. NOW, THEREFORE, BE IT RESOLVED that the City Manager is authorized to execute all appropriate documents, subject to the approval of the City Attorney, confirming the waiver of the 52-Unit Affordable Housing Obligation for the Groves at Dublin Ranch (Lot 3) Project. PASSED, APPROVED AND ADOPTED this 1st day of April 2014, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Jti Mayor ATTEST: ki/41/.1 b,...pd/ City Clerk Reso No.30-14,Adopted 4-1-14, Item 4.4 Page 2 of 2