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HomeMy WebLinkAbout2 East Dublin SP Non Vested Residential or 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File #420-20 DATE: August 18, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Eastern Dublin Specific Plan, Review of Remaining Non-Vested Residential Development Sites Prepared by Mamie R. Delgado, Senior Planner EXECUTIVE SUMMARY: On March 17, 2015, at the request of the City Council, Staff presented an informational report on the status of planned residential development under the Dublin General Plan. The report included the number of residential units remaining to be constructed City-wide and identified the units that are vested under existing development agreements and/or vesting tentative maps or are otherwise obligated in the Dublin General Plan Housing Element in order for the City to achieve the regional housing needs allocation. At the request of the City Council, Staff returned on May 5, 2015 with an informational report that focused on remaining development sites within the Eastern Dublin Specific Plan area. The discussion included non-vested residential development sites; non-residential development sites; existing open spaces lands; and, options to address future residential development. At the request of the City Council, Staff has prepared an informational report that provides a comparison between current development assumptions and the minimum permitted density for each of the 11 non-vested residential sites within the Eastern Dublin Specific Plan area. FINANCIAL IMPACT: None at this time. RECOMMENDATION: Staff recommends that the City Council receive the Staff presentation and provide feedback and potential direction as appropriate. Submitted By 'Reviewed By Community Development Director Assistant City Manager Page 1 of 4 ITEM NO. 1 . DESCRIPTION: Background On March 17, 2015, at the request of the City Council, Staff presented an informational report on the status of planned residential development as set forth in the Dublin General Plan (Attachment 1). The report summarized the number of residential units remaining to be constructed City-wide and identified the units that are vested under existing development agreements and/or vesting tentative maps or are otherwise obligated in the Dublin General Plan Housing Element in order for the City to achieve its regional housing needs allocation. At the conclusion of the discussion, the City Council requested a Study Session that focused on the following topics within the Eastern Dublin Specific Plan area: a) Remaining non-vested residential development sites; b) Remaining non-residential development sites; c) Existing open space lands; and, d) Options to address future residential development. On May 5, 2015 the City Council held a Study Session and Staff presented an informational report on the aforementioned topics (Attachment 2). At the conclusion of the discussion, the City Council directed Staff to provide a comparison between current development assumptions and the minimum permitted density for each of the non-vested residential sites within the Eastern Dublin Specific Plan area (Attachment 3). Staff has prepared the following information for further discussion at the Study Session. Non-Vested Residential Development Sites A non-vested residential development site is a site planned for residential development that is not protected by a development agreement or vesting tentative map. Within the Eastern Dublin Specific Plan area there are 11 non-vested residential development sites planned for 1,656 residential units (see Attachments 3 and 4). Six of these sites are obligated under the adopted Dublin General Plan Housing Element to meet the City's moderate income housing requirement of 425 units as further discussed below. The land use designations for the 11 non-vested residential development sites vary and include Single Family, Medium Density, Medium-High Density and Mixed Use. Medium Density Residential is the predominant land use designation. The Eastern Dublin Specific Plan sets forth a minimum and maximum residential density for each land use designation. The Specific Plan generally assumes a mid-point density for planned residential sites (see Table 1 below). Table 1. Eastern Dublin Specific Plan Residential Density Ranges EASTERN DUBLIN SPECIFIC PLAN MINIMUM MAXIMUM DEVELOPMENT LAND USE DESIGNATION DENSITY DENSITY ASSUMPTION Rural Residential/Agricultural 0.01 du/acre 0.01 du/acre 0.01 du/acre Estate Residential 0.01 du/acre 0.8 du/acre 0.01-0.8 du/acre Single Family Residential 0.9 du/acre 6.0 du/acre 4 du/acre Medium Density Residential 6.1 du/acre 14.0 du/acre 10 du/acre Medium-High Density Residential 14.1 du/acre 25.0 du/acre 20 du/acre Page 2 of 4 On the non-vested residential development sites, the anticipated densities under current development assumptions would result in 1,656 residential units. At the minimum permitted densities, the number of units would be reduced to 834 units, a reduction of 822 units (see Attachment 3). Regional Housing Needs Allocation It should be noted that six of the 11 non-vested sites have units that have been identified in the Dublin General Plan Housing Element as satisfying the State-mandate for moderate income housing as part of the Regional Housing Needs Allocation (RHNA). These sites are identified in the table and map included as Attachments 3 and 4. Reducing the density on these sites is not practical because it would require that alternate sites be rezoned to accommodate the City's moderate income housing allocation of 425 units. Refer to Table 2 below for a summary of the sites identified for moderate income housing. Table 2. Moderate Income RHNA Sites NON-VESTED RESIDENTIAL ACRES REQUIRED NO. OF MODERATE DEVELOPMENT SITE DENSITY INCOME RHNA UNITS Gygi/McCabe/Roshan 1.0 10 du/acre 10 Sperfslage/Beltran 3.2 20 du/acre 64 Tipper/Singh 8.2 10 du/acre 82 Anderson 7.0 15.4 du/acre 108 Chen 4.0 20 du/acre 80 Croak 10.4 10 du/acre 104 TOTALS 33.8 448 Moderate Income RHNA Requirement 425 Surplus / (Deficit) 23 For the non-vested residential sites not obligated by the RHNA, the low end of the density range is 515 units (see Table 3 below). When combined with the RHNA sites, a total of 963 units (515 non-vested units + 448 RHNA units = 963 units) would remain to be developed. This is a decrease of 693 units (1,656 units - 963 units = 693 units). A decrease of 693 units represents about 2.5% of citywide housing units (28,245) or 5% of units within the Eastern Dublin Specific Plan (13,845). Table 3. Remaining Non-Vested Residential Sites (non-RHNA) NON-VESTED RESIDENTIAL ACRES LOW END OF NO. OF NON- DEVELOPMENT SITE DENSITY RANGE VESTED UNITS Kobold/Liu 2.0 6.1 du/acre 12 Righetti 9.6 6.1 du/acre 59 Branaugh 9.7 6.1 du/acre 59 Jordan (Mixed Use) 6.4 6.1 du/acre 39 Jordan (Medium Density) 10.0 6.1 du/acre 61 DiManto (Medium Density) 10.0 6.1 du/acre 26 DiManto (Medium-High) 5.3 14.1 du/acre 75 DiManto (High Density) 3.2 25.1 du/acre 80 Croak (Single Family) 115.4 0.9 du/acre 104 TOTALS 171.6 515 Page 3 of 4 Active General Plan Amendment Studies In addition to the non-vested units listed in this report, there are two General Plan and Eastern Dublin Specific Plan Amendment studies under consideration by the City Council that could increase residential units. The first study/project is Grafton Street, formerly known as the Promenade. The City has received a formal application following the City Council's direction to study changing the land use designation from Neighborhood Commercial and Public/Semi-Public to a predominantly residential use type. The application includes a proposal for 237 residential units and 35,000 square feet of small scale retail uses. The second study is for the Dublin Land Company Parcels 2, 3 and 4 and would evaluate the allowance of up to 399 residential units (current units are 261) and at least 90,000 square feet of retail/commercial development (currently around 900,000 sf). However, the Applicant has yet to submit an application to pursue this proposed study. Feedback/Next Steps The purpose of this Study Session is to provide an opportunity for the City Council to provide feedback to Staff on the City's current development assumptions for non-vested units, as well as review what impact lowering the density range may have on the City's long-term unit count. If a majority of the City Council wants to review lowering of densities within the density range or take any other steps other than maintaining current development assumptions, further evaluation and study would be necessary. These steps would include, but are not limited to: • Fiscal impacts to the General Fund. • Analysis of the City's Impact Fee programs to determine the impacts on funding future planned capital improvements. • Impact on the City's ongoing economic development efforts and the ability to attract commercial development. • Legal implications • Planning policy implications • Public infrastructure implications NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public noticing is not required for an informational report to the City Council; however, a notice of this meeting was published in the Valley Times and mailed to owners of vacant property that is within the Eastern Dublin Specific Plan area and specifically identified as part of this informational report. A copy of the Staff Report was also provided on the City's website. ATTACHMENTS: 1. City Council Staff Report dated March 17, 2015 2. City Council Staff Report dated May 5, 2015 3. Non-Vested Residential Development Sites Table 4. Non-Vested Residential Development Sites Map dated August 2015 Page 4 of 4 or 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File #410-10 DATE: March 17, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Informational Report on Residential Development Projects Prepared by John Bakker, City Attorney and Luke Sims, Community Development Director EXECUTIVE SUMMARY: The City Council has requested an informational report on the status of planned residential development under the Dublin General Plan. The report summarizes the number of residential units remaining to be constructed City-wide and identifies the units that are vested under existing development agreements and/or vesting tentative maps or are otherwise protected in the Dublin General Plan Housing Element in order for the City to achieve the regional housing needs allocation. FINANCIAL IMPACT: No financial impact. RECOMMENDATION: Staff recommends that the City Council receive the report. _ .... °...._ J' Submitted By Submitted By 'A Reviewed By Community Development City Attorney Assistant City Manager Director DESCRIPTION: On February 17, 2015, the City Council requested that Staff prepare an informational report on planned residential development with and without vested development rights (i.e. Development Agreements and/or Vesting Tentative Maps). Vested Development Rights Under California law, cities can generally restrict development projects from going forward up until the point where the developer has completed substantial construction based on a building permit. The Legislature has developed two mechanisms to provide security to developers: Page 1 of 4 ITEM NO. 8.3 development agreements and vesting tentative maps. Residential development projects that have adopted Development Agreements or approved Vesting Tentative Maps have vested development rights. These rights provide security to developers that the City will not change its zoning and other laws applicable to the project. As of December 31, 2014, there were 5,123 vested residential units City-wide; this represents over half (58%) of the remaining units planned under the Dublin General Plan. The remaining 42% (3,664 units) are considered non-vested. Of the non-vested residential units, nearly 60% (2,191 units) are located within the Downtown Dublin Specific Plan area and the remaining 40% (1,467 units) are located in the Eastern Dublin Specific Plan area. Table 1 summarizes vested and non-vested residential units by planning area. Table 1. Vested and Non-Vested Residential Units 1 Ir r r l i rf rr !! ! ! r r rrdll rr�rrr rr� rrrr� , 111/I><rrrrl ri 1>t rr i� rr r>r I � Eastern Dublin Specific Plan 3,006 1,467 4,473 Dublin Crossing Specific Plan 1,995 0 1,995 Downtown Dublin Specific Plan 0 2,191 2,191 Heritage Park 54 0 54 Schaefer Ranch 68 6 74 TOTAL UNITS 5,123 3,664 8,787 Percentage 58% 42% 100% While the 2,191 residential units within the Downtown Dublin Specific Plan area are considered non-vested, two projects (Baywest and Eden Housing) totaling 386 units have been approved and are under construction. If they are included, the number of protected or "vested" units increases to 5,509 units representing almost 63% of the total planned units (Attachment 1). Dublin General Plan Housing Element While non-vested units do not have the same development protections as vested units, the Dublin General Plan Housing Element relies on some of these non-vested units to meet the City's Regional Housing Needs Allocation ("RHNA"). Under state law, each city is assigned a regional housing needs allocation ("RHNA"). The Department of Housing and Community Development ("HCD") determines the share of the state's housing need for each region. The RHNA includes allocations within various income categories, including market rate units. In turn, the council of governments in the region—the Association of Bay Area Governments in the Bay Area—allocates to each locality within its region a share of housing needs for each income category. After the RHNAs are determined, cities must update their General Plans to demonstrate that there is an adequate amount of land, at appropriate densities, to achieve its RHNA for the current planning period. There is no requirement that the units actually be built; the requirement is merely to ensure that regulations allow them. Dublin's RHNA allocation for the 2015-2023 planning period is set at 2,285 units. The Dublin General Plan Housing Element was updated in November 2014 and demonstrates how the RHNA can be achieved through a combination of approved projects and planned residential units. Table 2 illustrates the City's RHNA by income category and how it will be achieved. Page 2 of 4 Table 2. Summary of Sites Inventory and RHNA Extremely Above Low/ Low Moderate Moderate Total Very Low RHNA 796 446 425 618 2,285 Units Approved 0 76 0 1,139 1,215 Sites Capacity Vacant Residential Sites 0 448 517 965 Downtown Dublin SP Retail District 400 0 0 400 Transit Oriented District 891 0 0 891 Village Parkway District 0 0 200 200 Surplus/(Shortfall) +125 +23 +1,238 +1,386 The City has an obligation to ensure that its inventory of available residential sites remains adequate during the entire eight-year planning period to meet the City's RHNA. If a particular City action would result in inadequate planned sites to meet the required need, the City would be required to add sites to the Housing Element inventory so there is no net loss of residential capacity. As Table 2 above notes, the City's planned residential units exceed its RHNA by 1,386 units. As a result, the City could reduce its residential density by up to 1,386 units without triggering the need to add new sites. However, this apparent flexibility is less than it seems. The City's surplus of above moderate units (1,238 units) is much more substantial than the City's surplus in the very low-, low-, and moderate-income categories. In particular, the City relies on the potential for higher density development in the Downtown Dublin Specific Plan area to meet its RHNA for very low- and low-income units; similarly, the City relies on the medium and medium-high density sites in the Eastern Dublin Specific Plan area for moderate-income units (refer to Table 3 below). The 425 moderate-income units are identified on the following sites: Croak (104 units), McCabe/Gygi (10), Anderson (108), Chen (80), Tipper (82), and Beltran/Sperfslage (64). (The Housing Element actually identifies 448 moderate-income units on those sites.) Table IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII��.�.��f�(t r�r rl f r rrr�r�i rrfr�rrr�rl irr r r�„,r(«r r 3. RHNA bfy ff 1r rr r rrrrPrrlanning Area ff r rrr r r,� , «r� / /,,�,�» , �r��% %%%%%%%% „�,�%% ,,� , r, 1 1111111111111 1 Eastern Dublin Specific Plan - - 425 425 Dublin Crossing Specific Plan Downtown Dublin Specific Plan 796 446 - 1,242 Historic Area Specific Plan Schaefer Ranch Total Units 796 446 425 1,667 Page 3 of 4 Table 4 identifies the number of unrestricted residential units by planning area after factoring in vested development rights and the City's RHNA obligations. Table 4, Units Not Restricted by Vesting or RHNA r r , tr rrrrrrrrrrrrrr ti„»»»�1r�r l�rr���r��� i u uu»»�u r a�i�r,rrrrrrrc iiii i r� ��rtiitttrr,1111�t 111111�r pit��i�Rio rrr�� err IIIIIIII ��� >r l � I � II I .rl I1 1 Eastern Dublin Specific Plan 1,467 425 1,042 Dublin Crossing Specific Plan Downtown Dublin Specific Plan 2,191 1,242 949 Historic Area Specific Plan Schaefer Ranch 6 - 6 Total Units 3,664 _ 1,667 1,997 As noted earlier in this report, two projects in the Downtown Dublin Specific Plan area (Baywest and Eden Housing) totaling 386 units are not vested but are under construction. Their inclusion in the "vested” category would further reduce the number of non-vested units to 3,278 units. As such, there are a total of 1,611 non-vested units City-wide after factoring in vested development rights, the City's RHNA obligation, and commitments to the two projects in the Downtown. CONCLUSION: As of December 31, 2014, the Dublin General Plan identifies 8,787 planned residential units remaining to be constructed. Of those units, 7,176 units (82%) have secured development rights (5,509 units) or are restricted by RHNA (1,667 units) and 1,611 units (18%) are considered non- vested and not restricted by RHNA. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A public notice is not required for an informational report to the City Council. ATTACHMENTS: 1) Vested Residential Development Projects Page 4 of 4 Vested Residential Development Projects Planning Ar+ealProject Vested Chits Eastern Dublin Specific Plan Dublin Ranch Lot 3 122 Dublin Ranch North 4 Dublin Ranch Subarea 3 437 Dublin Ranch. The Plaza 235 Dublin Transit Center 437 Jordan Ranch 510 Moller Ranch 371 Tassajara Highlands 48 Terrace Ridge (Nielsen) 36 Wallis Ranch 806 Dublin Crossing Specific Plan 1 ,995 Historic Specific Plan Area Heritage Park 54 Western Extended Planning Area Schaefer Ranch 68 Subtotal 5,123 Downtown Dublin Specific Plan Bay West (Kingsmill) 314 Eden/Veterans 72 GRAND TOTAL 5,509 ATTACHMENT or 19 -` 82 STAFF REPORT CITY CLERK CITY COUNCIL File #410-10 DATE: May 5, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Eastern Dublin Specific Plan, Review of Remaining Development Sites Prepared by Mamie R. Delgado, Senior Planner EXECUTIVE SUMMARY: The City Council will receive a report on the Eastern Dublin Specific Plan and the remaining development sites within the Specific Plan area. FINANCIAL IMPACT: None at this time. RECOMMENDATION: Staff recommends that the City Council receive the Staff presentation and provide feedback as appropriate. DESCRIPTION: On March 17, 2015, at the request of the City Council, Staff presented an informational report on the status of planned residential development as set forth in the Dublin General Plan (Attachment 1). The report summarized the number of residential units remaining to be constructed City-wide (8,787 units) and identified the units that are vested (5,123 units) under existing development agreements and/or vesting tentative maps or are otherwise protected in the Dublin General Plan Housing Element in order for the City to achieve its regional housing needs allocation. At the conclusion of the discussion, the City Council requested a Study Session that focuses on the following topics within the Eastern Dublin Specific Plan area: a) Remaining non-vested residential development sites; b) Remaining non-residential development sites; c) Existing open space lands; and, d) Options to address future residential development. Staff has prepared the following information for further discussion at the Study Session and will be seeking feedback and direction at the Study Session. Page 1 of 5 ITEM NO. 3. Remaining Non-Vested Residential Development Sites Within the Eastern Dublin Specific Plan area there are 1,851 non-vested residential units remaining to be developed (Attachments 2 and 3). A non-vested residential unit is a unit that is not protected by a development agreement or vesting tentative map. The non-vested residential units are summarized by land use designation in Table 1 below. Table 1. Non-Vested Residential Units EASTERN DUBLIN SPECIFIC PLATY NUMBER OF LAND 115E DESIGNATION (WITS Single Family Residential 469 units Medium Density Residential 552 units Medium-High Density Residential 408 units High Density Residential 112 units Mixed Use 115 units Campus Office 195 units TOTAL 1,851 units Of the 1,851 non-vested residential units in Eastern Dublin, 448 units are identified in the 2015- 2023 Dublin General Plan Housing Element as meeting the moderate-income requirement of the regional housing needs allocation, or RHNA (Attachments 2 and 3). These 448 units are located on six vacant sites that the Eastern Dublin Specific Plan designates for Medium Density Residential and Medium-High Density Residential. However, only 425 units are required to meet the moderate-income RHNA resulting in a 23-unit surplus. There are no sites identified in the Eastern Dublin Specific Plan area that were identified to satisfy the extremely low/very low or low income requirements of the regional housing needs allocation. All of those sites are in Downtown. Table 2 below summarizes the regional housing needs allocation requirement by income category for the current Housing Element cycle as well as the two previous cycles. Table 2. Regional Housing Needs Allocation RHNA EXTREMELY/ LOW MODERATE ABOVE TOTAL VERY LOW MODERATE 5th cycle 796 446 425 618 2,285 (2014-2022) 4 th cycle 1,092 661 653 924 3,330 (2007-2014) 3rd cycle 796 531 1,141 2,668 5,436 (1999-2006) The City took advantage of existing land use designations on the six vacant sites in order to achieve the RHNA without having to rezone other properties to accommodate these units. The six vacant residential sites are part of the overall Eastern Dublin Specific Plan development concept that generally places higher density housing closer to transit and major roadways such as Dublin Boulevard, Central Parkway and Tassajara Road. The RHNA obligation on these six vacant sites assumes a mid-point density and therefore does not obligate more units on these sites than originally planned in the Eastern Dublin Specific Plan. If the City Council desires to reduce the density on any of the six vacant sites by more than 23 units, an alternative site with the same land use designation and density would need to be Page 2 of 5 identified. Because so few vacant sites remain with the Medium or Medium-High land use designation, finding an alternative site may require a General Plan and/or Specific Plan Amendment to re-designate land. The re-designated site(s) would need to have a minimum density of 10 dwelling units to the acre for Medium Density or 20 dwelling units to the acre for Medium-High Density. Additionally, the product type for both land uses would need to be multi- family attached housing in order to qualify as a RHNA site. Potential locations would require further analysis but could include the Dublin Transit Center, Downtown Dublin Specific Plan area or the conversion of existing commercial sites outside of these two areas. Question 1: Is the City Council satisfied with the existing densities in the Eastern Dublin Specific Plan area? Is the City Council satisfied with the existing RHNA locations? Remaining Non-Residential Development Sites Within the Eastern Dublin Specific Plan area there are 447± acres of land remaining to be developed with approximately 6.8 million square feet of non-residential uses (Attachments 4 and 5). The planned, non-residential square footage is across a diverse range of land uses and is summarized in Table 3 below. Table 3. Non-Residential Development Potential EASTERN DUBLIN SPECIFIC PLAN DEVELOPMENT LAND USE DESIGNATION ASSUMPTION (MSF) Campus Office 2.584 General Commercial 2.246 Neighborhood Commercial 0.286 General Commercial/Campus Office 0.878 Mixed Use 2/Campus Office 0.140 Industrial Park 0.747 TOTAL 6.881 *MSF: Million Square Feet Of the approximately 6.8 million square feet of vacant, non-residential land remaining up to 3.5 million square feet is vested with Development Agreements (Attachments 4 and 5). Question 2: Is the City Council satisfied with the amount of remaining non-residential development potential? Existing Open Space Lands Within the Eastern Dublin Specific Plan area there are 1,424 acres of land designated for the protection and preservation of important and/or sensitive environmental resources as well as active and passive recreational opportunities (see Attachment 6). Table 4 summarizes the acreage of these areas. Page 3 of 5 Table 4. Open Space Acres EASTERN DUBLIN SPECIFIC PLAN ACRES LAND USE DESIGNATION Open Space 648 Stream Corridor 58 Rural Residential/Agriculture 511 Parks 207 TOTAL 1,424 Question 3: Is the City Council satisfied with the amount of land designated for these uses? Options to Address Future Residential Development As noted above, there are 1,851 non-vested residential units remaining to be developed within the Eastern Dublin Specific Plan area, and of those, 448 units are identified in the Dublin General Plan Housing Element as sites that meet the moderate-income requirement of the regional housing needs allocation. The following options are intended to facilitate a discussion on addressing future residential development within the Eastern Dublin Specific Plan area. Option 1. Continue with the current market-based approach to residential development. As it stands, it will be some time before the bulk of the non-vested units are developed. The remaining non-vested residential development sites, with the exception of the two sites in Jordan Ranch, still require significant approvals. The pace of development of those units will be constrained by the amount of time that it takes to bring a project to market. This includes the time required to process and obtain: 1) the necessary entitlements and CEQA clearance from the City; 2) permits from Federal and State environmental resources agencies; 3) grading and utility plans and obtain Grading Permits; and, 4) architectural plans and obtain Building Permits. There is also the time necessary to actually construct the physical improvements. The timeframe to complete these tasks varies by project but generally takes a minimum of 4 years. Option 2. Lower residential densities. The Dublin General Plan and Eastern Dublin Specific Plan establishes the land use pattern for the Specific Plan area and identifies sites where future residential development may occur. The City Council could consider lowering existing residential densities on the non-vested sites within the Specific Plan area. This could be accomplished by restricting projects to the lower end of the density range permitted within each existing land use designation, or by changing the existing land use designation to one with a lower density range altogether. A number of reductions have been recently approved by the City Council resulting in a 1,464 unit reduction in the Eastern Dublin Specific Plan area (Attachment 7). However, if the City Council were to consider further reductions and the sites involved have been identified for satisfying RHNA obligations (see discussion above), alternate RHNA sites would need to be identified. Option 3. Limit number of residential permits issued annually. The pace of residential building permits is driven by market conditions and when the market is strong, the number of building permits issued for residential unit's increases. The City Council could regulate the pace of future growth by limiting the number of residential permits issued annually. This could include both vested and non-vested sites, however, vested sites would have priority to develop pursuant to their respective Page 4 of 5 development agreements. The units constructed could be amortized over time resulting in periods of little to no new construction. If the City Council were to proceed with Option 2 or 3, a moratorium could be used to temporarily prohibit the establishment of particular land uses while the City studies either lowering residential densities or limiting the number of residential permits issued annually. A moratorium would require a four-fifths vote of the City Council and would be in effect for forty- five days from the date of adoption. Upon subsequent notice and public hearing, a moratorium may be extended for up to two years. Question 4: Is the City Council satisfied with the market based approach? NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public noticing is not required for an informational report to the City Council; however, a notice of this meeting was published in the Valley Times and mailed to owners of vacant property that is within the Eastern Dublin Specific Plan area and specifically identified as part of this informational report. A copy of the Staff Report was also provided on the City's website. ATTACHMENTS: 1. City Council Staff Report dated March 17, 2015, with attachment 2. Table of Remaining Non-Vested Residential Development Sites 3. Map of Remaining Non-Vested Residential Development Sites 4. Table of Remaining Non-Residential Development Sites 5. Map of Remaining Non-Residential Development Sites 6. Map of Open Space lands 7. Table of Residential Projects with Reduced Densities Page 5 of 5 or 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File #410-10 DATE: March 17, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: Informational Report on Residential Development Projects Prepared by John Bakker, City Attorney and Luke Sims, Community Development Director EXECUTIVE SUMMARY: The City Council has requested an informational report on the status of planned residential development under the Dublin General Plan. The report summarizes the number of residential units remaining to be constructed City-wide and identifies the units that are vested under existing development agreements and/or vesting tentative maps or are otherwise protected in the Dublin General Plan Housing Element in order for the City to achieve the regional housing needs allocation. FINANCIAL IMPACT: No financial impact. RECOMMENDATION: Staff recommends that the City Council receive the report. _ .... °...._ J' Submitted By Submitted By 'A Reviewed By Community Development City Attorney Assistant City Manager Director DESCRIPTION: On February 17, 2015, the City Council requested that Staff prepare an informational report on planned residential development with and without vested development rights (i.e. Development Agreements and/or Vesting Tentative Maps). Vested Development Rights Under California law, cities can generally restrict development projects from going forward up until the point where the developer has completed substantial construction based on a building permit. The Legislature has developed two mechanisms to provide security to developers: Page 1 of 4 ITEM NO. 8.3 development agreements and vesting tentative maps. Residential development projects that have adopted Development Agreements or approved Vesting Tentative Maps have vested development rights. These rights provide security to developers that the City will not change its zoning and other laws applicable to the project. As of December 31, 2014, there were 5,123 vested residential units City-wide; this represents over half (58%) of the remaining units planned under the Dublin General Plan. The remaining 42% (3,664 units) are considered non-vested. Of the non-vested residential units, nearly 60% (2,191 units) are located within the Downtown Dublin Specific Plan area and the remaining 40% (1,467 units) are located in the Eastern Dublin Specific Plan area. Table 1 summarizes vested and non-vested residential units by planning area. Table 1. Vested and Non-Vested Residential Units 1 Ir r r l i rf rr !! ! ! r r rrdll rr�rrr rr� rrrr� , 111/I><rrrrl ri 1>t rr i� rr r>r I � Eastern Dublin Specific Plan 3,006 1,467 4,473 Dublin Crossing Specific Plan 1,995 0 1,995 Downtown Dublin Specific Plan 0 2,191 2,191 Heritage Park 54 0 54 Schaefer Ranch 68 6 74 TOTAL UNITS 5,123 3,664 8,787 Percentage 58% 42% 100% While the 2,191 residential units within the Downtown Dublin Specific Plan area are considered non-vested, two projects (Baywest and Eden Housing) totaling 386 units have been approved and are under construction. If they are included, the number of protected or "vested" units increases to 5,509 units representing almost 63% of the total planned units (Attachment 1). Dublin General Plan Housing Element While non-vested units do not have the same development protections as vested units, the Dublin General Plan Housing Element relies on some of these non-vested units to meet the City's Regional Housing Needs Allocation ("RHNA"). Under state law, each city is assigned a regional housing needs allocation ("RHNA"). The Department of Housing and Community Development ("HCD") determines the share of the state's housing need for each region. The RHNA includes allocations within various income categories, including market rate units. In turn, the council of governments in the region—the Association of Bay Area Governments in the Bay Area—allocates to each locality within its region a share of housing needs for each income category. After the RHNAs are determined, cities must update their General Plans to demonstrate that there is an adequate amount of land, at appropriate densities, to achieve its RHNA for the current planning period. There is no requirement that the units actually be built; the requirement is merely to ensure that regulations allow them. Dublin's RHNA allocation for the 2015-2023 planning period is set at 2,285 units. The Dublin General Plan Housing Element was updated in November 2014 and demonstrates how the RHNA can be achieved through a combination of approved projects and planned residential units. Table 2 illustrates the City's RHNA by income category and how it will be achieved. Page 2 of 4 Table 2. Summary of Sites Inventory and RHNA Extremely Above Low/ Low Moderate Moderate Total Very Low RHNA 796 446 425 618 2,285 Units Approved 0 76 0 1,139 1,215 Sites Capacity Vacant Residential Sites 0 448 517 965 Downtown Dublin SP Retail District 400 0 0 400 Transit Oriented District 891 0 0 891 Village Parkway District 0 0 200 200 Surplus/(Shortfall) +125 +23 +1,238 +1,386 The City has an obligation to ensure that its inventory of available residential sites remains adequate during the entire eight-year planning period to meet the City's RHNA. If a particular City action would result in inadequate planned sites to meet the required need, the City would be required to add sites to the Housing Element inventory so there is no net loss of residential capacity. As Table 2 above notes, the City's planned residential units exceed its RHNA by 1,386 units. As a result, the City could reduce its residential density by up to 1,386 units without triggering the need to add new sites. However, this apparent flexibility is less than it seems. The City's surplus of above moderate units (1,238 units) is much more substantial than the City's surplus in the very low-, low-, and moderate-income categories. In particular, the City relies on the potential for higher density development in the Downtown Dublin Specific Plan area to meet its RHNA for very low- and low-income units; similarly, the City relies on the medium and medium-high density sites in the Eastern Dublin Specific Plan area for moderate-income units (refer to Table 3 below). The 425 moderate-income units are identified on the following sites: Croak (104 units), McCabe/Gygi (10), Anderson (108), Chen (80), Tipper (82), and Beltran/Sperfslage (64). (The Housing Element actually identifies 448 moderate-income units on those sites.) Table IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII��.�.��f�(t r�r rl f r rrr�r�i rrfr�rrr�rl irr r r�„,r(«r r 3. RHNA bfy ff 1r rr r rrrrPrrlanning Area ff r rrr r r,� , «r� / /,,�,�» , �r��% %%%%%%%% „�,�%% ,,� , r, 1 1111111111111 1 Eastern Dublin Specific Plan - - 425 425 Dublin Crossing Specific Plan Downtown Dublin Specific Plan 796 446 - 1,242 Historic Area Specific Plan Schaefer Ranch Total Units 796 446 425 1,667 Page 3 of 4 Table 4 identifies the number of unrestricted residential units by planning area after factoring in vested development rights and the City's RHNA obligations. Table 4, Units Not Restricted by Vesting or RHNA r r , tr rrrrrrrrrrrrrr ti„»»»�1r�r l�rr���r��� i u uu»»�u r a�i�r,rrrrrrrc iiii i r� ��rtiitttrr,1111�t 111111�r pit��i�Rio rrr�� err IIIIIIII ��� >r l � I � II I .rl I1 1 Eastern Dublin Specific Plan 1,467 425 1,042 Dublin Crossing Specific Plan Downtown Dublin Specific Plan 2,191 1,242 949 Historic Area Specific Plan Schaefer Ranch 6 - 6 Total Units 3,664 _ 1,667 1,997 As noted earlier in this report, two projects in the Downtown Dublin Specific Plan area (Baywest and Eden Housing) totaling 386 units are not vested but are under construction. Their inclusion in the "vested” category would further reduce the number of non-vested units to 3,278 units. As such, there are a total of 1,611 non-vested units City-wide after factoring in vested development rights, the City's RHNA obligation, and commitments to the two projects in the Downtown. CONCLUSION: As of December 31, 2014, the Dublin General Plan identifies 8,787 planned residential units remaining to be constructed. Of those units, 7,176 units (82%) have secured development rights (5,509 units) or are restricted by RHNA (1,667 units) and 1,611 units (18%) are considered non- vested and not restricted by RHNA. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A public notice is not required for an informational report to the City Council. ATTACHMENTS: 1) Vested Residential Development Projects Page 4 of 4 Vested Residential Development Projects Planning Ar+ealProject Vested Chits Eastern Dublin Specific Plan Dublin Ranch Lot 3 122 Dublin Ranch North 4 Dublin Ranch Subarea 3 437 Dublin Ranch. The Plaza 235 Dublin Transit Center 437 Jordan Ranch 510 Moller Ranch 371 Tassajara Highlands 48 Terrace Ridge (Nielsen) 36 Wallis Ranch 806 Dublin Crossing Specific Plan 1 ,995 Historic Specific Plan Area Heritage Park 54 Western Extended Planning Area Schaefer Ranch 68 Subtotal 5,123 Downtown Dublin Specific Plan Bay West (Kingsmill) 314 Eden/Veterans 72 GRAND TOTAL 5,509 ATTACHMENT Eastern Dublin Specific Plan Non-Vested Residential Development Sites 1 Gygi/McCabe/Roshan 10 Medium Density 10 (6.1-14.o du/acre) 2 Kobold/Liu 20 Medium Density - (6.1-14.o du/acre) 3 Sperfslage/Beltran 64 Medium-High Density 64 (14.1-25.0 du/acre) 4 Tipper/Singh 82 Medium Density 82 (6.1-14.o du/acre) 5 Righetti 96 Medium Density - (6.1-14.o du/acre) 6 Branaugh 97 Medium Density - (6.1-14.o du/acre) 7 Anderson 108 Medium-High Density 108 (14.1-25.o du/acre) 8 Chen 8o Medium-High Density 80 (14.1-25.o du/acre) 9 Jordan 115 Mixed Use - (6.1-25.o du/acre) 100 Medium Density - (6.1-14.o du/acre) 10 DiManto 43 Medium Density - (6.1-14.o du/acre) 106 Medium-High Density - (14.1-25.0 du/acre) 112 High Density - (25.1+du/acre) 11 Croak 469 Low Density - (0.5-3.8 du/acre) 104 Medium Density 104 (6.1-14.o du/acre) 12 DTC Site D-1 195 Campus Office - TOTAL UNITS 1,803. 448* *425 units are required to satisfy the Moderate Income Regional Housing Needs Allocation(RHNA)resulting in a surplus of 23 units. 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I m I� I Q y N O D L.- C: U O U aN Ai'd3H9noa CD CD =3 (U CD U) O 0 O U i 'c '- O m L -0 a V Q 0 N Q (6 O Q O 0 O_ M 0 O 4J L CD L 6) CD U 0-' 0 0- 0� Cn w U Md 9V77r,, V4 1 1 I Recent Approvals with Reduced Densities Original Approved Project Units Units Difference Jordan Ranch 1,064 964 -100 Wallis Ranch 1,423 806 -617 SubArea 3 474 437 -37 Lot 304 122 -182 Dublin Ranch North 68 4 -64 Moeller Ranch 490 370 -120 Tassajara Highlands 118 48 -70 Transit Center A-1 131 52 -79 Transit Center Esprit 300 105 -195 Total: 4,372 2,908 -1,464 Non-Vested Residential Development Sites No.of Difference Difference Non-Vested Between Between Units per Assumed Assumed RHNA and Density, No.of No.of Density& Moderate Low End of RHNA& eneral Plan Assumed Non-Vested Low Enid of Non-Vested Low End of Income Density Low End of Density Units Density Range Units Density RHNA Range Density 1 Gygi/McCabe/Roshar Medium Density 1.0 10.0 du/acre 10 6.1 du/acre 6 4 10 10 0 (6.1-14.0 du/acre) 2 Kobold/Liu* Medium Density 2.0 10.0 du/acre 20 6.1 du/acre 12 8 - 12 8 (6.1-14.0 du/acre) 3 Sperfslage/Beltran Medium-High Density 3.2 20.0 du/acre 64 14.1 du/acre 45 19 64 64 0 (14.1-25.0 du/acre) 4 Tipper/Singh Medium Density 8.2 10.0 du/acre 82 6.1 du/acre 50 32 82 82 0 (6.1-14.0 du/acre) 5 Righetti Medium Density 9.6 10.0 du/acre 96 6.1 du/acre 59 37 - 59 37 (6.1-14.0 du/acre) 6 Branaugh Medium Density 9.7 10.0 du/acre 97 6.1 du/acre 59 38 - 59 38 (6.1-14.0 du/acre) 7 Anderson' Medium-High Density 7.0 15.4 du/acre 108 14.1 du/acre 99 9 108 108 0 (14.1-25.0 du/acre) 8 Chen Medium-High Density 4.0 20.0 du/acre 130 14.1 du/acre 56 74 80 80 50 (14.1-25.0 du/acre) 9 Jordan** Mixed Use 6.4 15.0 du/acre 115 6.1 du/acre 39 76 - 39 76 (6.1-25.0 du/acre) Medium Density 10.0 10.0 du/acre 100 6.1 du/acre 61 39 61 39 (6.1-14.0 du/acre) 10 DiManto*** Medium Density 4.3 10.0 du/acre 43 6.1 du/acre 26 17 26 17 (6.1-14.0 du/acre) Medium-High Density 5.3 20.0 du/acre 106 14.1 du/acre 75 31 75 31 (14.1-25.0 du/acre) High Density 3.2 35.0 du/acre 112 25.1 du/acre 80 32 80 32 (25.1+du/acre) 11 Croak Single Family 115.4 4.0 du/acre 469 0.9 du/acre 104 365 - 104 365 (0.9-6.0 du/acre) Medium Density 10.4 10.0 du/acre 104 6.1 du/acre 63 41 104 104 0 (6.1-14.0 du/acre) L TOTALS 199.7 1656 834 822 448 963 693 * Planning application for a Stage 1 and 2 Planned Development Rezone,Site Development Review and Vesting Tentative Map currently being processed for a medium-density,single family residential project of 19 units. ** Planning application for a General Plan Amendment,Eastern Dublin Specific Plan Amendment,Planned Development Rezone,Site Development Review and Vesting Tentative Map scheduled for public hearings in the Fall 2015.The project includes changing the Mixed Use designation to Medium Density with up to 48 units. *** General Plan and Eastern Dublin Specific Plan Amendment Initiation request adopted by City Council Resolution 73-15 on May 19,2015 to study changing the land use designations on 53.96 acres consisting of Parcels 2,3 and 4 for a maximum of 399 residential units and a minimum of 90,000 square feet of retail commercial. Planned Development Zoning Ordinance 13-08 establishes 108 units on Anderson. 1 ai gam` p\V�a 7 i . �•.uum, ilil u ; 1 •N •ul„1't •t417111� r fQ�7 CT I � HE- r I d- • W, ,111�� r ■iiii✓ �� �' • • •� ����\O L ,�\IIIIIIIII� `\\�\\\ 4♦ • : ,�,•liiiy•� �it�.�.•.p...�i, I i • � . • :O\�O\�= 4� <D /:,:��";•,��o;�� .gip/���::�F