HomeMy WebLinkAboutReso 71-14 Nielsen Residential In Lieu Fees RESOLUTION NO. 71 - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AN ALTERNATE METHOD OF COMPLIANCE WITH THE INCLUSIONARY
ZONING REGULATIONS FOR THE NIELSEN RESIDENTIAL PROJECT IN THE FORM OF
PAYMENT OF FEES IN LIEU OF CONSTRUCTION OF AFFORDABLE OWNERSHIP UNITS
WHEREAS, pursuant to the requirements of the Inclusionary Zoning Regulations of the
City of Dublin Zoning Ordinance (the "Ordinance" or "Regulations"), William Lyon Homes, Inc., a
California corporation ("Developer"), wishes to pay fees in lieu of constructing certain
inclusionary units for the Nielsen Residential Project ("Project"); and
WHEREAS, the Project is a 36-single-family home development project; and
WHEREAS, Developer has determined that it is infeasible to construct five (5) affordable
units, and it has, following discussions with City staff, proposed to satisfy its obligations through
payment of fees in lieu of constructing all of the inclusionary units; and
WHEREAS, Developer proposes to pay fees in-lieu of constructing the units in the
amount of $109,573 per unit, for a total of $547,865, payable prior to the recordation of the first
final map establishing the 36 residential lots; and
WHEREAS, Section 8.68.040.E of the Dublin Zoning Ordinance allows the City Council,
at its discretion, to waive, wholly or partially, the requirements of the Inclusionary Zoning
Regulations and approve an alternate method of compliance if the applicant demonstrates, and
the City Council finds, that such alternate method meets the purposes of the Inclusionary Zoning
Chapter; and
WHEREAS, the purpose of the Inclusionary Zoning Regulations is to enhance the public
welfare, 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, and 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;
and
WHEREAS, the obligation to pay the fees in lieu of construction of inclusionary units will
be set forth as a condition of approval in the Site Development Review for the Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds that the
proposal by Developer to pay fees in lieu of constructing five (5) inclusionary units as an
alternate method of complying with the Inclusionary Zoning Regulations, is consistent with the
purposes of the Inclusionary Zoning Regulations for the reasons that follow:
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1) The location of the Project is not in close proximity to shopping, transportation, and other
amenities that are important factors for the buyers of affordable units. Therefore, the
units that would be produced with the in lieu fees are likely to be more suitable for
potential low- and moderate-income buyers than would be affordable units within the
Project.
2) It would be very difficult for low-income purchasers to qualify for financing and pay the
high costs of owning single-family homes in the Project (including homeowners'
association dues, landscaping and lighting assessments, landscape maintenance on the
property, utilities, and long term maintenance).
3) Fees collected in-lieu of the development of affordable units will be well used in assisting
with the development of affordable units in Downtown Dublin or in a Priority Development
Area.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
agree to accept payment of fees in-lieu of constructing certain inclusionary units; and
BE IT FURTHER RESOLVED that a Condition of Approval shall be included in the Site
Development Review for the Nielsen Residential Project implementing the alternative method of
compliance with the Inclusionary Zoning Regulations; and
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to
execute such other documents, and to take such other and further action, as necessary and
appropriate to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day of June, 2014, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None f�
Vim--
Mayor
ATTEST:
6A.,P r
City Clerk
Reso No.71-14,Adopted 6-3-14, Item 4.4 Page 2 of 2