HomeMy WebLinkAbout4.9 - 2952 Density Bonus Regulations Amendments — Dubl
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STAFF REPORT
CITY COUNCIL
DATE: November 19, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Density Bonus Regulations Amendments — Dublin Municipal Code
Chapter 8.52 (PLPA-2019-00039)
Prepared by: Jim Bergdoll, Senior Planner
EXECUTIVE SUMMARY:
The City Council will consider adopting an Ordinance amending the Density Bonus
Regulations (Chapter 8.52) of the Dublin Municipal Code to comply with state law. As
proposed, the current regulations would be deleted in its entirety and replaced with new
density bonus regulations as required by State law. On November 5, 2019, the City
Council held a public hearing and introduced this Ordinance. The City Council will now
consider holding a second reading and adopting the proposed Density Bonus
Ordinance.
STAFF RECOMMENDATION:
Waive the reading and adopt an Ordinance Approving Amendments to Dublin Zoning
Ordinance Chapter 8.52 (Density Bonus Regulations).
DESCRIPTION:
The City initiated an amendment to the Density Bonus Regulations (Chapter 8.52) of the
Dublin Municipal Code to bring these regulations into compliance with current State law. The
proposed Ordinance adopting the updated regulations would supersede and replace the
existing regulations in their entirety. Please refer to Attachment 1 for a complete description of
the proposed amendments.
On November 5, 2019, the City Council held a public hearing to consider the proposed
Ordinance amending the Density Bonus Regulations. At the mee ting, the City Council waived
the reading and introduced the Ordinance.
The City Council will hold a second reading of the Ordinance amending the Density
Bonus Regulations. The Ordinance is included as Attachment 2.
ATTACHMENTS:
1. City Council Staff Report dated November 5, 2019, without attachments
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2. Ordinance Approving Amendments to Dublin Zoning Ordinance Chapter 8.52
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STAFF REPORT
CITY COUNCIL
DATE: November 5, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Density Bonus Regulations Amendments — Dublin Municipal Code
Chapter 8.52 (PLPA-2019-00039)
Prepared by: Jim Bergdoll, Senior Planner
EXECUTIVE SUMMARY:
The City Council will consider the introduction of an Ordinance to adopt proposed
Density Bonus Regulations. The City initiated an amendment to the Zoning Ordinance
to update the Density Bonus Regulations in the Dublin Municipal Code (DMC) to comply
with state law. As proposed, DMC Chapter 8.52 would be deleted in its entirety and
replaced with new density bonus regulations. The proposed amendment is exempt
from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to
CEQA Guidelines Section 15061(b)(3).
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, waive the reading and INTRODUCE an
Ordinance Amending Chapter 8.52 (Density Bonus Regulations) of the Du blin Zoning
Ordinance.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City initiated an amendment to the Zoning Ordinance to update Dublin Municipal
Code (DMC) Chapter 8.52 (Density Bonus Regulations). The proposed amendment
would delete current Density Bonus Regulations in their entirety and replace them with
new regulations to provide consistency with State Density Bonus Law.
State Density Bonus Law (Government Code Sections 65915 through 65918) was first
enacted in 1979 and has been amended numerous times to provide housing developers
the right to build additional homes, and obtain other favorable local development
considerations, in exchange for building affordable or senior housing. In order to
receive a density bonus, certain minimum thresholds of a ffordable housing, senior
housing, or child care facilities must be proposed.
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Per State law, the minimum affordable housing threshold to qualify for a density bonus,
or to receive incentives and concessions, is five percent very low-income units, 10
percent low income units, or 10 percent moderate income units (for-sale only). The
applicant must choose a density bonus from only one affordability category. A density
bonus over and above local maximum allowable General Plan densities is available
along with incentives, concessions, waivers, and parking reductions if the existing
regulations make the project financially infeasible or physically difficult to build at the
proposed density. The minimum density bonus granted depends on the type of housing
and level of affordability, with a maximum density bonus of 35 percent.
The City of Dublin last adopted amendments to its Density Bonus Regulations in March
2007. Since that time a number of additions and amendments have been made to
State Density Bonus Law, including the following:
· Increased the required affordability term to 55 years from the previous 30 -year
minimum length.
· Clarified the law to encourage the development of affordable and senior housing
by allowing additional parking reductions for affordable housing and projects near
major transit stops and a new development bonus for commercial developers
who enter into agreements to construct affordable housing partnered with their
commercial projects.
· Expanded the density bonus to a wider range of housing projects and
strengthened procedures to make the density bonus more workable for
developers. This included granting a density bonus for affordable student
housing, allowing the density bonus to be provided through a floor area ratio
bonus for certain transit-adjacent projects, and requiring local jurisdictions to
provide developers with more comprehensive information about their density
bonus rights.
· Increased the maximum density bonuses for projects entirely comprised of
affordable housing.
The City of Dublin Housing Element, adopted in November 18, 2014, includes Program
7: Density Bonuses, which specifies that the City will review and revise the Density
Bonus Regulations as necessary to comply with state law.
ANALYSIS:
Following is a summary of the key changes, which have been incorporated into the draft
Density Bonus Ordinance (refer to Attachment 1 for the text of the proposed Ordinance
and Attachment 2 for the text of State Density Bonus Law):
· Expands the application of Density Bonus Law to housing developments where
at least 10 percent of the units are made available for transitional foster youth,
disabled veterans, or homeless persons, and rents are restricted at the very low -
income level. Those projects are entitled to a maximum of 20 percent density
bonus.
· Limits the ability of cities and counties to deny requests for incentives and
concessions. Such requests can only be denied when the incentive and/or
concession would not result in identifiable and actual cost reductions.
· Clarifies that an applicant may elect to receive no density bonus at all, while
receiving other benefits of the law.
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· Allows a mixed-use development to qualify for a density bonus.
· Provides a development bonus to a commercial developer who partner s with
housing developers to construct affordable housing either on the commercial site
or at an appropriate offsite location. The development bonus may include up to a
20 percent increase in development intensity, floor area ratio, or height limits, up
to a 20 percent reduction in parking requirements, or an exception to a zoning
ordinance or land use requirement, as mutually agreed upon by the developer
and jurisdiction.
· Lowers the maximum parking ratios for mixed -income projects with at least 11
percent very low income or 20 percent lower income units within ½ mile of an
accessible major transit stop, 100 percent affordable housing rental projects
within ½ mile of accessible major transit stop, and affordable senior and special
needs housing projects. Stipulates that the parking maximums include guest and
handicapped spaces.
· Clarifies that a request for a parking reduction does not count toward the
incentives and concessions to which an applicant is entitled.
· Clarifies the Density Bonus Law requirements for replacement of existing
housing units.
· Provides greater certainty to a developer submitting a density bonus application
by identifying what information must be submitted for a complete density bonus
application. Once the application is determined to be complete, the law also
requires the local government to notify the developer of the level of density bonus
and parking ratio the development is eligible to receive. If the developer requests
incentives, concessions, waivers or reductions of deve lopment standards, the
local jurisdiction is now required to notify the developer if it has submitted
sufficient information necessary for the local government to make a
determination on those issues.
· Eliminates the requirement in the Zoning Ordinance that units satisfying the
City’s Inclusionary Zoning Regulations are not counted towards eligibility for a
density bonus. In 2013, an Appellate Court in Latinos Unidos v. County of Napa
held that the affordable units used to satisfy the local inclusionary zoning
ordinance also qualify a project for a density bonus (as long as they meet both
standards).
· Eliminates specific reference to affordable housing projects that include child
care facilities. State Density Bonus Law continues to provide a density bon us for
affordable housing projects that include a child care facility. Most of the details
regarding density bonuses for residential development were replaced with
references to State Density Bonus Law to simplify the ordinance and prevent
future inconsistencies.
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING
ORDINANCE:
The proposed Zoning Ordinance Amendment is consistent with the Dublin General Plan
and all applicable Specific Plans, as it implements the General Plan Housing Element
by updating the City’s Density Bonus Regulations and ensuring that these regulations
are consistent with State Density Bonus Law.
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PLANNING COMMISSION REVIEW:
On October 22, 2019, the Planning Commission held a public hearing, reviewed the
draft ordinance and adopted Resolution No. 19-11 by a 5-0 vote (refer to Attachment 3),
recommending the City Council adopt the proposed Zoning Ordinance Amendment.
The draft Planning Commission minutes are provided in Attachment 4.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and
City CEQA Guidelines and Procedures, require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. This Ordinance
is exempt from CEQA per CEQA Guidelines Section 15061(b)(3), because the
Ordinance, in itself, does not allow construction of any building or structure, but sets
forth regulations that shall be followed. This Ordinance, therefore, has no potential for
resulting in significant physical change in the environment, directly or indirectly.
Additionally, in future individual projects, the granting of a density bonus, and incentives
and concessions, in and of themselves, are not considered discretionary approvals and,
therefore, are not subject to CEQA. Projects in a Specific Plan area proposing density
over and above that allowed by the General Plan limits may be exempt from further
CEQA analysis if the base project conforms to the previously adopted environmental
document prepared for the Specific Plan.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a notice regarding this Public Hearing was published in the East
Bay Times and posted at several locations throughout the City. The Staff Report for this pub lic
hearing was also available on the City’s website.
ATTACHMENTS:
1. Ordinance Adopting Amendment to Dublin Municipal Code Chapter 8.52
2. California State Density Bonus Law Text (Gov Code Sections 65915-65918)
3. Planning Commission No. Resolution 19-11 recommending City Council approval
4. Planning Commission Draft Meeting Minutes dated October 22, 2019
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ORDINANCE NO. xx - 19
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*************************
APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTER 8.52
(DENSITY BONUS REGULATIONS) EFFECTIVE CITY-WIDE
PLPA-2019-00039
WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to
clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains current
with California state law, internally consistent, simple to understand and implement, and
relevant to changes occurring in the community; and
WHEREAS, the City of Dublin Housing Element includes Program 7: Density Bonuses,
which requires that the City review and revise the Density Bonus Regulations as necessary to
comply with state law; and
WHEREAS, Sections 65915 through 65918 of the California Government Code
commonly referred to as “State Density Bonus Law” establishes the state-wide requirements
for density bonus and other incentives; and
WHEREAS, in response to the City’s Housing Element program and amendments to
state law, Chapter 8.52 (Density Bonus Regulations) requires updates to be consistent with
state law; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October
22, 2019, during which time all interested parties had the opportunity to be heard, and
adopted Resolution No. 19-11, forwarding a recommendation to the City Council to adopt the
proposed Zoning Ordinance Amendments; and
WHEREAS, a Staff Report was submitted to the Dublin City Council recommending
approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the City Council held a public hearing on the proposing Zoning Ordinance
Amendments on November 5, 2019, at which time all interested parties had the opportunity to
be heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the City Council did hear and consider all said reports, recommendations
and testimony herein above set forth and used its indepe ndent judgment to evaluate the
project.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as
follows:
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Section 1: Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council
hereby finds that the Zoning Ordinance Amendments are consistent with the Dublin General
Plan and all applicable Specific Plans in that the Amendments are necessary to comply with
State law and are consistent with applicable land use regulations and development policies.
Section 2: The California Environmental Quality Act (CEQA), together with State Guidelines
and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. Pursuant to the
CEQA, the City Council hereby finds the project exempt in accordance with CEQA Guidelines
Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of
the Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the
environment. The adoption of the proposed Ordinance does not, in itself, allow the
establishment of any use or the construction of any building or structure, but sets forth the
regulations that shall be followed if and when a development of housing is proposed. This
Ordinance of itself, therefore, has no potential for resulting in significant physical change in the
environment, directly or ultimately.
Section 3: Chapter 8.52 of the Dublin Municipal Code is hereby deleted in its entirety and
replaced with the following:
Chapter 8.52
DENSITY BONUS REGULATIONS
8.52.010 Purpose.
A. Provide for the development of affordable housing through the state-mandated density
bonus program.
B. Provide incentives to developers for the production of housing affordable to very low
income households, lower income households, moderate income households, senior citizens,
transitional foster youth, disabled veterans and homeless persons, and the development of
child care facilities.
C. Implement the goals, objectives, and policies of the Housing Element of the City’s General
Plan, as amended.
D. Implement Sections 65915 through 65918 of the California Government Co de, as
amended, or successor provisions (“State Density Bonus Law”).
E. Nothing in this chapter is intended to create a mandatory duty on behalf of the City or its
employees under the Government Tort Claims Act and no cause of action against the City or
its employees is created by this chapter that would not arise independently of the prov isions of
this chapter.
8.52.020 Definitions
All terms used herein shall have the same meanings as set forth in the State Density Bonus
Law. In addition, the following terms which are used in this chapter shall have the meaning
established by this section:
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A. “Child care facility” means a child day care facility other than a family day care home,
including, but not limited to, infant centers, preschools, extended day care facilities, and school
age child care centers.
B. “Conversion” means the change of status of a dwelling unit from a for-sale unit to a rental
unit or vice versa.
C. “Density bonus” means a density increase over the otherwise allowable maximum
residential density for a housing development or, if elected by the applicant, a lesser
percentage of density increase, including, but not limited to, no increase in density.
D. “Density bonus dwelling units” means those residential units granted pursuant to the State
Density Bonus Law and the provisions of this chapter which are in excess of the maximum
allowable residential density of the project site.
E. “Density bonus housing agreement” means a legally binding agreement between an
applicant and the City to ensure that the requirements of this chapter are satisfied with respect
to a density bonus housing project.
F. “Density bonus housing project” means a residential development project of at least five (5)
units, which receives a density bonus, incentives or concessions, waiver or modification of
development standards, or favorable parking requirements pursuant to this chapter.
G. “Dwelling unit” means any building or portion thereof which contains living facilities,
including provisions for sleeping, eating, cooking, and sanitation, for one family.
H. “For-sale unit” means a dwelling unit, including an attached or detached single-family
home, condominium, stock cooperative or community apartment, which is offered for sale to
individual buyers.
I. “Incentives” means concessions and incentives as described in Government Code Section
65915(k), granted by the City in accordance with the State Density Bonus La w and this
chapter.
J. “Lower income household” shall have the meaning as defined in California Health and
Safety Code Section 50079.5.
K. “Market rate unit” means a dwelling unit where the rental rate or sales price is not
restricted either by this chapter, or by requirements imposed through local, state, federal, or
other affordable housing programs.
L. “Moderate income household” shall have the meaning as defined in California Health and
Safety Code Section 50093.
M. “Rental unit” means a dwelling unit that is not a for-sale unit.
N. “Residential development” means any new residential construction of rental or for-sale
units; or revisions to existing developments, including those with and without a master plan or
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specific plan, planned development zoning, Site Development Review Permits, mobile home
developments and conversions of apartments to condominiums.
O. “State Density Bonus Law” means Sections 65915 through 65918 of the California
Government Code, or successor provisions, as such law may change from time to time.
P. “Target dwelling unit” means a dwelling unit that will be offered for rent or sale exclusively
to and which shall be affordable to the designated income group or qualified resident, as
required by this chapter.
Q. “Very low income household” shall have the meaning as defined in California Hea lth and
Safety Code Section 50105. For purposes hereof, very low income households shall include
extremely low income households, as defined in California Health and Safety Code Section
50106.
R. “Waiver” means waiver or reduction of development standards as described in
Government Code Section 65915(e), granted by the City in accordance with the State Density
Bonus Law and this chapter.
8.52.030 Density Bonus for Residential Development
The City shall grant a density bonus or incentives and concessions to applications for
residential development projects, as and to the extent required pursuant to the State Density
Bonus Law.
8.52.040 Density Bonus for Condominium Conversions
The City shall grant a density bonus or incentives and concessions to applications to convert
an apartment to a condominium, as and to the extent required pursuant to the State Density
Bonus Law, and subject to Chapter 8.54 (Condo Conversion Regulations).
8.52.050 Density Bonus for Commercial Projects
The City shall grant a development bonus to commercial applicants who partner with housing
developers for construction of housing (where at least a portion of the units are for restricted
income), as and to the extent required pursuant to the State Density Bonus Law.
8.52.060 Density Bonus for Land Donation
The City shall grant a density bonus or other incentives and concessions to applicants who
donate land for the actual development of affordable units, as and to the extent required
pursuant to the State Density Bonus Law.
8.52.070 Parking
Upon a written request of an applicant who has qualified for a dens ity bonus, the City shall
require a vehicular parking ratio for the project, inclusive of handicapped and guest parking,
which does not exceed the parking ratios establish ed pursuant to the State Density Bonus
Law, unless a City parking study supports the need for a higher vehicular parking ratio as
allowed under the State Density Bonus Law.
8.52.080 Waiver or Reduction of Development Standards
An applicant who has qualified for a density bonus may request a waiver or reduction of City
development standards that will have the effect of physically precluding the construction of the
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development project at the densities or with the incentives and concessions permitted pursuant
to this chapter, as and to the extent required pursuant to the State Density Bonus Law.
8.52.090 Density Bonus Housing Project Standards.
A. Timing. Target dwelling units shall be constructed concurrently with market rate dwelling
units unless both the final decision-making authority of the City and the applicant agree to an
alternative schedule for development.
B. Affordability. Target dwelling units shall remain restricted and affordable in accordance
with the requirements of the State Density Bonus Law.
C. Siting. Target dwelling units and density bonus dwelling units shall be built within the
site of the density bonus housing project unless requirements are fulfilled pursuant to
Regulations for Land Donation.
D. Development Standards. Density bonus housing projects shall comply with all
applicable development standards of the City, except those which have been modified as
incentives or concessions or through a development standard waiver or modifications, as
provided in this chapter.
E. Design. The design of all units within a density bonus housing project shall be
consistent with the General Plan, any applicable specific plan, the Zoning Ordinance or
applicable planned development zoning, and any applicable design standards as adopted by
the City Council. The distribution of the size of target dwelling units, as measured by the
number of bedrooms in a target dwelling unit, shall be in the same proportion as the
distribution of the size of market rate units within the development, as measured by the
number of bedrooms in the market rate units. Residents of target dwelling units shall be
entitled to use all of the same amenities and facilities of the residential development as
residents of market rate units within the residential development.
F. Building and Housing Codes. Density bonus housing projects must conform to the
requirements of all applicable building and housing codes.
8.52.100 Expiration of Affordability Tenure
The owner of rental target dwelling units shall provide all notices and rights to tenants required
to be given prior to and upon the expiration of affordability covenants pursuant to Government
Code Section 65863.10 or a successor statute.
8.52.110 Density Bonus Application; General
A. All projects requesting a density bonus, incentives and concessions, waiver or
modification of development standards, or favorable parking requirements pursuant to this
chapter, shall be required to comply with the following application requirements.
B. Target dwelling units proposed to be developed onsite shall be designated on the
project plans and shall be processed under a Site Development Review Permit application in
addition to the otherwise required project development application(s) (i.e., tentative maps,
parcel maps, planned development zoning and Conditional Use Permits). The Site
Development Review Permit shall be processed pursuant to Chapter 8.104. No additional
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hearings or approvals shall be required, except as provided herein with regard to the provision
of financial incentives.
C. If the application involves a request to the City for direct financial incentives, then any
action by the Planning Commission on the application shall be advisory only, and the City
Council shall have the authority to make the final decision on the Site Development Review
Permit application and any related discretionary permits.
8.52.120 Preliminary Application
An applicant proposing a density bonus may submit a Preliminary Application prior to the
submittal of any formal requests for approvals of such housing development. To the extent
possible, applicants shall combine into a single integrated Preliminary Application the
information required below and the information required for an inclusionary housing project
pursuant to Chapter 8.68 of the Municipal Code. The Preliminary Application shall include the
following information:
A. A description of the proposal, including the number of target dwelling units and density
bonus dwelling units proposed.
B. The General Plan land use designation(s), zoning, and assessor’s parcel number(s) of
the project site.
C. A site plan, drawn to scale, which includes: building footprints, driveway and parking
layout, building elevations, existing contours and proposed grading.
D. A letter identifying what density bonus, incentives and concessions, waiver or
modifications of development standards, or favorable parking requirements are being
requested of the City.
Review of the Preliminary Application is not bound by the limits imposed by the Permit
Streamlining Act (California Government Code § 66410 et seq.) and does not bind future City
actions.
8.52.130 Density Bonus Application
A. The applicant shall submit a complete application pursuant to Chapter 8.124,
(Applications, Fees and Deposits), accompanied by a fee and/or deposit and such materials
as are required by the Community Development Director.
B. To the extent possible, applicants shall combine into a single integrated Density Bonus
Application, the information required below and the information required for an inclusionary
housing project pursuant to Chapter 8.68 (Inclusionary Zoning Regulations).
C. Applications shall include the following information:
1. A legal description of the total site proposed for development of the target
dwelling units, including a statement of present ownership and present and
proposed zoning.
2. A detailed vicinity map showing the project location and such details as the
location of the nearest commercial retail, transit stops, potential employment
locations, park or recreation facilities or other social or community service
facilities.
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3. Site plans, designating the total number of units proposed on the site, including
the number of target dwelling units and density bonus dwelling units, and
supporting plans per the application submittal requirements.
4. A statement specifying what density bonus, incentives and concessions, waiver
or modifications of development standards, or favorable parking requirements
are being requested from the City and the rationale for any incentives,
concessions, or waiver.
5. In the case of a request for incentives or concessions, a description of how the
requested incentives or concessions will result in identifiable and actual cost
reductions to provide for affordable housing costs or rents for the target dwelling
units and adequate documentation of development costs and cost savings.
6. In the case of a request for a waiver or modifications of development standards,
a description of how the existing development standards will have the effect of
physically precluding the construction of the development at the densities or with
the requested concessions or incentives.
7. In the case of a condominium conversion request subject to Chapter 8.54 (Condo
Conversion Regulations), a report documenting the following information for each
unit proposed to be converted: the monthly income of tenants of each unit
throughout the prior year, the monthly rent for each unit throughout the prior year,
and vacancy information for each unit throughout the prior year.
8. A statement describing whether the residential development is proposed on any
property that: (a) includes a parcel or parcels on which rental dwelling units are,
or if the dwelling units have been vaca ted or demolished in the five-year period
preceding the application, have been subject to a recorded covenant, ordinance
or law that restricts rents to levels affordable to, persons and families of very low
or lower income; (b) has been subject to any other form of rent or price control
through a public agency’s exercise of its police power; or (c) has been occupied
by lower or very low income households.
9. Any other relevant information as required by the Community Development
Director.
8.52.140 Density Bonus Application Review
A. The Community Development Director and/or designated staff shall evaluate the request
based upon the following criteria:
1. The requested density bonus meets all of the requirements of the State Density
Bonus Law for receipt of a density bonus.
2. The requested incentives and concessions result in identifiable and actual cost
reductions to provide for affordable housing costs or rents for the target dwelling
units, and whether such incentives and concessions would have a specific
adverse impact upon public health and safety, or the physical environment, or on
any real property that is listed in the California Register of Historical Resources
and/or National Register of Historic Places, and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low and moderate income
households, or violates such other requirements as may be set forth in the State
Density Bonus Law for incentives and concessions.
3. The City’s development standards physically preclude the construction of the
development project at the density and with the concessions and incentives to be
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provided to the proposed project pursuant to this chapter, and whether the
requested waiver or modifications are necessary to enable the construction of the
development project at such density and with such concessions and incentives.
4. The density bonus housing project complies with the General Plan, any
applicable specific plans, zoning, and development policies and standards of the
City.
5. Any conversion of apartment units to condominiums will result in a reduction in
the affordable housing stock for lower income groups, as of most recent
inventory.
B. Within 30 days of receipt of the Density Bonus Application, the Community Development
Department shall provide a letter notifying the applicant whether or not the application is
complete. If the application is complete, the applicant will be notified regarding:
1. The amount of density bonus to which they are eligible.
2. If applicable, the parking ratio to which they are eligible under the State Density
Bonus Law.
3. Whether applicant has provided adequate information to make a determination
as to any incentive, reduction, and/or waiver requested.
C. An application for a density bonus, incentive, concession, waiver, modification, modified
parking standard, or commercial development bonus for a housing development or
a commercial development pursuant to this chapter shall be considered by and acted upon by
the approval body with authority to approve the housing development
or commercial development within the timelines prescribed by the Government Code
section 65950 et seq. Any decision regarding a density bonus, incentive, concession, waiver,
modification, modified parking standard or commercial density bonus may be appealed
according to the procedures outlined in Section 8.52.136. In accordance with state law, neither
the granting of a concession or incentive, nor the granting of a density bonus, shall be
interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or
other discretionary approval.
D. Before approving an application for a density bonus, incentive, concession, waiver,
modification, or commercial development bonus, the approval body shall make the following
findings, as applicable:
1. The housing development is eligible for the density bonus and any incentives,
modified parking, or waiver requested and includes any required replacement
affordable units required.
2. Any requested incentive will result in identifiable and actual cost reductions to
provide for affordable rents or affordable ownership costs based upon the
documentation provided by the applicant.
3. If the density bonus, incentive, or concession is based all or in part on
a condominium conversion, the project complies with the requirements of Section
8.52.040.
4. If a commercial development bonus is requested, the project complies with the
requirements of Section 8.52.050, that the city has approved the partnered
housing agreement, and that the bonus has been mutually agreed upon by the
city and the commercial developer.
5. If the density bonus is based all or in part on donation of land, the project
complies with the requirements of Section 8.52.060.
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6. If a waiver or modification is requested, the development standards for which the
waiver is requested would have the effect of physically precluding the
construction of the housing development with the density bonus and incentives
permitted.
E. If a request for a concession or incentive is otherwise consistent with this chapter, the
approval body may deny a concession or incentive only if it makes a written finding, based
upon substantial evidence, of one or more of the following:
1. The concession or incentive does not result in identifiable and actual cost
reductions to provide for affordable rents or affordable ownership costs.
2. The concession or incentive would have a specific adverse impact upon public
health or safety or the physical environment or on any real property that is listed
in the California Register of Historical Resources and/or National Register of
Historic Places, and there is no feasible method to satisfactorily mitigate or avoid
the specific adverse impact without rendering the development unaffordable to
lower and moderate income households.
3. The concession or incentive is contrary to state or federal law.
F. If a request for a waiver or modification is otherwise consistent with this chapter, the
approval body may deny a waiver or modification only if it makes a written finding, based upon
substantial evidence, of one of the following:
1. The waiver or modification would have a specific adverse impact upon health,
safety, or the physical environment, and there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without rendering the
development unaffordable to lower and moderate income households.
2. The waiver or modification would have an adverse impact on any real property
that is listed in the California Register of Historical Resources and/or National
Register of Historic Places.
3. The waiver or modification is contrary to state or federal law, which may include
a finding that the development standards for which the waiver is requested would
not have the effect of physically precluding the construction of the housing
development with the density bonus and incentives permitted.
G. If a density bonus or concession is based on the provision of child care facilities, the
approval body may deny the bonus or concession if it finds, based on substantial evidence,
that the city already has adequate child care facilities.
8.52.150 Inclusion of Density Bonus Housing Agreement as a Condition of Development
Applicants receiving a density bonus, incentives and concessions, waiver or modifications of
development standards, or favorable parking requirements pursuant to this chapter, shall
demonstrate compliance with this chapter by the execution of a density bonus housing
agreement. Where an affordable housing agreement is required pursuant to Chapter 8.68,
both the density bonus housing agreement and inclusionary housing agreement shall, if
feasible, be combined into a single housing agreement. The housing agreement shall be
submitted by City to the applicant. Following the approval and the signing by all parties, the
completed housing agreement shall be recorded as specified in the agreement. The approval
and recordation shall take place prior to final map approval, or, where a map is not being
processed, prior to issuance of building permits for such lots or units. The agreement shall be
binding on all future owners and successors in interest.
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A. Residential Development. A density bonus housing agreement for residential
development processed pursuant to this chapter shall include the following:
1. The number of density bonus dwelling units granted.
2. The number and type (affordability level) of target dwelling units approved.
3. The unit size(s) (square footage) of target dwelling units and the number of
bedrooms per target dwelling unit.
4. The proposed location of the target dwelling units.
5. Tenure (ownership or rental) and term (duration) of restrictions for target dwelling
units.
6. Schedule for production of target dwelling units.
7. A description of incentives and concessions, waiver and modifications of
development standards, provision of favorable parking requirements, and
financial assistance to be provided by the City.
8. Where applicable, terms and conditions governing the initial sale of for-sale
target dwelling units.
9. Where applicable, rules and procedures for qualifying tenants, setting rental
rates, filling vacancies, and operating and maintaining units for rental target
dwelling units.
10. Any other requirements of the State Density Bonus Law.
B. Condominium Conversions. A density bonus housing agreement for condominium
conversions processed pursuant to this chapter shall be required to include the following:
1. The number of density bonus dwelling units granted.
2. The number and type (affordability level) of target dwelling units approved.
3. The unit size(s) (square footage) of target dwelling units and number of
bedrooms per target dwelling unit.
4. The proposed location of the lower and moderate-income target dwelling units.
5. Tenure (ownership or rental) and term (duration) of restrictions for target dwelling
units.
6. Schedule for production of target dwelling units.
7. Incentives, waivers, etc. provided by the City.
8. Where applicable, terms and conditions governing the initial sale of for-sale
target dwelling units.
9. Any other requirements of State Density Bonus Law.
8.52.160 Density Bonus Resale Agreements
All buyers of for-sale target dwelling units shall enter into a resale restriction agreement with
the City, prior to purchasing the unit or property. The resale agreement shall be consistent with
the approved housing agreement for the density bonus housing project.
8.52.170 Eligibility Requirements
Only households meeting the eligibility standards for the target dwelling units as set forth in the
density bonus housing agreement shall be eligible to occupy target dwelling units.
8.52.180 Management and Monitoring
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A. Rental target dwelling units shall be managed and operated by the owner or his or her
agent. Each owner of rental target dwelling units shall submit an annual report to the City in the
form prescribed by the City, identifying which units are target dwelling units, the number of
bedrooms in each target unit the monthly rent and unities allowance, vacancy information for
each rental target dwelling unit for the prior year, household size and annual income for
tenants of each rental target dwelling unit, and other information as required by the City, while
ensuring the privacy of the tenant.
B. Target dwelling units are subject to the applicable Housing Services Program
Monitoring Fees as set forth in the City’s Master Fee Schedule, established by Council
resolution.
Section 4. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to
any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words
or parts thereof of the ordinance or their applicability to other persons or circumstances. In the
event of any conflict between this chapter and State Density Bonus Law, State Density Bonus
Law shall prevail.
Section 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days
following its adoption.
Section 6: Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section 36933
of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 19th day of November, 2019
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk