HomeMy WebLinkAboutItem 6.3 Rental Availability Ordinance (2) CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 9 , 1991
SUBJECT: Rental Availability Ordinance
REPORT PREPARED BY: Dennis Carrington, Senior Planner
Robert Schubert, Contract Planner
EXHIBITS ATTACHED: Exhibit A: Draft Rental Availability
Ordinance
Attachment 1 : Minutes of Planning Commission
meeting of August 5, 1991
Attachment 2 : Planning Commission Resolution
No. 91-041
Attachment 3 : Planning Commission Resolution
No. 91-042
RECOMMENDATION: 1) Open public hearing for this item in
conjunction with General Plan Amendment
/J V to revise the Housing Element
2 ) Receive Staff Report and testimony from
the public
3) Question Staff and the public
4 ) Close public hearing and deliberate
5) Waive reading and introduce the Rental
Availability Ordinance
FINANCIAL STATEMENT:
The adoption of the Rental Availability Ordinance would not increase
staff costs during review of development projects . Revenues could be
gained by the City for use in providing rental housing through the
payment of in-lieu rental fees . Proposed in-lieu rental fee is
$10, 808 per in-lieu dwelling unit, with first annual increased in-lieu
rental fee to be $11, 348 .
DESCRIPTION:
On August 5, 1991, the Planning Commission, by a vote of 3-0 with
one commissioner abstaining and one commissioner absent, recommended
that the City Council adopt a resolution approving the Rental
Availability Ordinance and that it adopt a resolution establishing an
in-lieu rental fee.
Section 6 . 3, Strategy III .E of the Housing Element requires that
a minimum of 10% of the units in large multi-family projects be
maintained as rental units for a period of five years . A goal of the
Housing Element is to achieve a balanced community with housing
ITEM N0. COPIES TO: General/Agenda File
[ ] Rental Availability
/RAOC29-5 Ordinance File
Project Planner
LCnn
FILE 0 1z
available for households over a range of income levels. The City is
experiencing a shortage of rental housing. The City' s Housing Element
identifies a 5% vacancy rate as necessary to permit rental mobility
whereas the City' s 3 . 9% rental vacancy rate falls far below that goal .
In addition, rental housing is an important source of affordable
housing since down payment requirements and the high cost of new
housing limit new housing as an affordable ownership housing source.
Also, some households choose to rent for reasons other than
affordability.
Recently, the JL Construction Company requested that Strategy
III .E be amended to allow developers the option of paying an in-lieu
rental fee rather than providing rental units . In response to the
request, the City Council initiated a General Plan Amendment. The
attached Draft Ordinance requires that any new multi-family
residential development involving more than ten ( 10) dwelling units,
which is approved on or after the effective date of the Ordinance,
would be conditioned to provide ten percent ( 10%) of the total number
of dwelling units within the development as rental units for a period
of five ( 5) years . The obligation to provide rental units may be
satisfied by the applicant ' s payment of a flat in-lieu rental fee,
which would be determined by resolution by the City Council at least
every two years and would be increased annually during the years that
the City Council does not determine an in-lieu rental fee by an amount
equal to the rental rate increase used by the City Council in
determining the current in-lieu rental fee.
The amount of the in-lieu rental fee would be based on the amount
necessary to subsidize the rental of a three bedroom market rate
apartment for five years for a family of five earning 80% of the
Alameda County median income, where no more than 30% of income is
spent on rent. The three bedroom dwelling units would provide more
adequately for the rental housing needs of the general population than
would either one or two bedroom units . Thirty-four percent of the
families on waiting lists for subsidized apartments in Dublin are
waiting for three-bedroom apartments . The 80% support level, of the
HUD support levels available, is the level most consistent with market
rate rents .
Below is an example of how the in-lieu rental fee is calculated
for a rental unit:
Family of Five. Alameda County Median Income of $46 , 850 .
Percent Market Affordable Difference 12 Mos . The Value
of Rent Rent of first year' s
Median rent plus 4
Income years at 5%
yearly adjust-
ments for rent
increases
80% $1, 100 $937 $163 $1, 956 $10, 808
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A family of 5 earning 80% of the median income of $46, 850 would
earn $37 , 480 a year. If they spent 30% of that income on housing,
they would spend $11,244 .a year, or $937 a month.
If the rent for a 3-bedroom apartment is $1, 100, the difference
between the rent and the family's ability to pay would be $163 a
month, or $1, 956 a year.
A 5% annual rental increase along with a 5% annual income
increase over a 5-year period would yield an in-lieu rental fee of
$10, 808 per in-lieu rental unit.
The median income, market rents and rental increase rate will
vary over time. The in-lieu rental fee would be paid for every rental
unit not provided at the time of issuance of a building permit. The
in-lieu rental fee, together with any interest earnings on such monies
less reasonable administrative charges, would be used or committed to
use by the City within seven years of the date of payment, for the
purpose of providing rental housing in the City of Dublin through land
acquisition, land or rental writedowns, construction of rental
housing, rental assistance, direct contributions to a non-profit
association or corporation for construction of rental housing,
landbanking ( including property exchanges) and any other mechanism
available to the City to provide rental housing. The Developer would
guarantee compliance with Strategy III E by agreeing to a condition of
approval that the rental housing be provided or an in-lieu rental fee
be paid. The written agreement providing the guarantees would be
subject to review and approval by the City Attorney.
Dublin residents will be given first priority for rental units;
Dublin employees will have second preference for rental units; third
preference will be given to those who need to move to Dublin to be
near Dublin residents or services; and fourth preference will be given
to those who live outside Dublin.
The exterior design of the rental units would be identical to the
non rental units . The units would be dispersed throughout the project
and would include all unit types represented in the project in the
same proportion as in the project as a whole.
The following individuals would be ineligible to rent a unit
under the ordinance:
(a) All employees and officials of the City who have, by the
authority of their position, policy making authority or
influence affecting City housing programs .
(b) The Applicant or Project Owner of the unit to be rented.
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If the proposed in-lieu rental fee were spread over all the
dwelling units in a project, the average fee per each dwelling unit in
the project could fluctuate due to rounding. The following
calculations are for a 56 dwelling unit townhouse project:
56 D.U. x 10% = 6 dwelling units to be maintained
as rental units for 5 years
6 D.U. x $10, 808 in-lieu rental fee = $64 , 848
$64, 848 556 D.U. = $1, 158 per dwelling unit
The Cities of Livermore and Pleasanton do not have directly
comparable in-lieu rental fees . They do, however, have rental
policies and programs . Livermore has a policy in its draft Housing
Element to encourage multi-family housing to remain as rental units .
Pleasanton has policies to encourage at least 50% of multi-family
housing units to be rental apartments at buildout and to minimize
displacement of tenants in rental apartments . It has a policy to deny
conversion of apartment units to condominiums if the percentage of
multi-family units available for rent, city-wide, is below 50% .
The Planning Commission and Staff recommend that the City Council
waive reading and introduce the Rental Availability ordinance.
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ORDINANCE NO. -91
AN ORDINANCE OF THE CITY OF DUBLIN
An Ordinance Adding Chapter 8 . 12 to Title 8
of the Dublin Municipal Code Enacting
a Rental Availability Ordinance
--------------------------------------
The City Council of the City of Dublin does ordain as follows :
Section 1 . Chapter 8 . 12 is hereby added to Title 8 of the Dublin
Municipal Code to read as follows :
CITY OF DUBLIN RENTAL AVAILABILITY ORDINANCE
CHAPTER 8 . 12 OF TITLE 8
CITY OF DUBLIN MUNICIPAL CODE
Section 8 . 12 . 010 . Title. This Ordinance shall be called the
"Rental Availability Ordinance of the City of Dublin. "
Section 8 . 12 . 020 . Findings . A goal of the City' s adopted
Housing Element is to achieve a balanced community with housing
available for households over a range of income levels . The City of
Dublin finds the City is experiencing a shortage of rental housing.
The City' s Housing Element identifies a 5% vacancy rate as necessary
to permit rental mobility whereas the City' s 3 . 9% rental vacancy rate
falls far below that goal . (Housing Element, pp. 16-17 . ) In
addition, rental housing is an important source of affordable housing
since down payment requirements and the high cost of new housing limit
new ownership housing as an affordable housing source. Also, some
households choose to rent for reasons other than affordability. The
City Council finds that it is a public purpose of the City and a
public policy of the State of California as mandated by the
requirements for a housing element of the City' s General Plan, to make
available an adequate supply of rental housing for persons of all
economic segments of the community.
Section 8 . 12 . 030 . Purpose. The purpose of this chapter is to
enhance the public welfare and assure that housing development
contributes to the attainment of the above described goals by
providing rental housing in the City of Dublin directly or through
land acquisition, land or rental writedowns, construction of rental
housing, rental assistance, direct contributions to a non-profit
association or corporation for construction of rental housing,
landbanking ( including property exchanges) and any other mechanism
available to the City to provide rental housing. A limited and finite
amount of land remains for development of housing in the City and
extended planning area. In order to assure that the remaining
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developable land is utilized in a manner consistent with the City' s
housing policies and needs; the City declares that 10% of the total
number of units in all new multi-family projects of more than ten
units shall be maintained as rental units for a period of five (5)
years . The regulations set forth in this Chapter shall apply City-
wide, including the extended planning areas .
Section 8 . 12 . 040 . Definitions . For the purposes of this
Chapter, certain words and phrases shall be interpreted as set forth
in this section unless it is apparent from the context that a
different meaning is intended.
(a) Applicant: Any person, firm, partnership, association,
joint venture, corporation, or any entity or combination of entities
which seeks City permits and approvals for a project.
(b) Approval : Adoption of a resolution by the Planning
Commission and/or City Council approving a discretionary permit such
as a Tentative Map, Planned Development or Use Permit, for a project.
(c) City: The City of Dublin or its designee or any entity with
which the City contracts to administer this chapter.
(d) Dublin employee: Any single person, head of household, .or
in the case of married couples either spouse, who has worked within
the City Limits of Dublin continually for one ( 1) year immediately
prior to the date of application for a rental unit.
(e) Dublin resident: Any person who has lived within the City
Limits of Dublin continually for one ( 1) year immediately prior to the
date of application for a rental unit. Continually shall be construed
to include lapses of residency of no longer than six months .
( f) Dwelling unit: A dwelling designed for occupancy by one
household.
(g) Household: One person living alone, or two or more persons
sharing residency whose income resources are available to meet the
family' s needs and who are related by blood, marriage or operation of
law.
(h) In-lieu rental fee: A fee paid to the City by an applicant
for residential development in the City, in lieu of providing the
rental units required by this Chapter.
( i) Multi-family residential development: A project which
includes any multi-family dwellings .
( j ) Project: A housing development at one location including
all dwelling units for which permits have been applied for or approved
within a twelve-month period.
(k) Project Owner: Any person, firm, partnership, association,
joint venture, corporation, or any entity or combination of entities
which holds fee title to the land on which the project is located.
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( 1) Rental unit: A rental dwelling unit as required by this
Chapter.
(m) Re-rental controls : Legal restrictions by which the
availability of rental units will be monitored and controlled to
insure that the unit remains available for rent.
(n) Unit type: Dwelling units with similar floor area and
number of bedrooms .
Section 8 . 12 . 050 . General rental unit requirements for new
multi-family residential developments of more than 10 units .
(a) Any new multi-family residential development involving more
than ten ( 10) dwelling units, which is approved on or after the
effective date of this Ordinance, shall be conditioned to include an
Agreement to provide ten percent ( 10%) of the total number of dwelling
units within the development as rental units for a period of five (5)
years from the date of final occupancy of each unit. The obligation
to provide rental units may be satisfied by the Applicant' s payment of
in-lieu rental fees, as provided in Section 8 . 12 . 070 of this Ordinance
subject to approval by the approving body.
In applying the 10% requirement, any resulting fraction of
units less than 0 . 50 may be disregarded and any fraction greater than
or equal to 0 .50 shall be construed as requiring one rental unit. The
rental requirement shall be imposed only once on a given development,
regardless of changes in the character or ownership of the
development.
(b) Any development permit for new multi-family residential
development projects of more than ten units, if granted, shall be
subject to conditions ensuring compliance with the provisions of this
Chapter. Such conditions shall specify the timing of construction of
rental units and/or payment of in-lieu rental fees .
Evidence of compliance with the rental housing conditions
shall be in the form of a written Agreement between the Applicant and
the City Manager completed prior to the issuance of any project
building permits . The Agreement shall indicate the number and
construction scheduling of all rental units and any other information
required by the City Manager to determine the Applicant ' s compliance
with the conditions . The Agreement shall be recorded as a deed
restriction prior to issuance of any project building permits and
shall run with the land encompassed by the project for each phase
until the rental units have been occupied for a period of five years
from the date of final occupancy of the last unit in each phase .
(c) Dublin residents will be given first preference for rental
units; Dublin employees will have second preference for rental units;
third preference will be given to those who need to move to Dublin to
be near Dublin residents or services; and fourth preference will be
given to those who live outside of Dublin.
/hsngordd
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(d) All rental units in a project and phases of a project shall
be constructed concurrently with or prior to the construction of non-
rental units .
(e) All rental units shall be reasonably dispersed throughout
the entire development; shall include all unit types represented in
the project (unless the number of unit types exceeds the number of
rental units ) and said unit types shall be provided in the same
proportion as in the project as a whole; and shall be compatible with
the design and use of the non-rental units in terms of exterior
appearance, materials, and finish quality.
( f) The City Council shall establish the in-lieu rental fee by
resolution, which shall be adopted at least every two years .
(g) The City Manager shall monitor the continuing availability
of rental units and shall take such actions as necessary to notify the
public of their availability.
Section 8 . 12 . 060 . Relation of Rental Availability Ordinance to
Inclusionary Housing Ordinance. The rental availability provisions of
this chapter are separate from the provisions of the Inclusionary
Housing Ordinance of the City of Dublin, Chapter 8 . 08 of Title 8 of
the City of Dublin Municipal Code. However, rental units required
under this rental availability ordinance may also be counted to
determine compliance with inclusionary housing requirements so long as
the rental units meet all applicable requirements of the inclusionary
housing ordinance, including the time period and rent levels required.
Section 8 . 12 . 070 . In-lieu rental fees .
(a) Subject to approval by the approving authority, an Applicant
may contribute a fee in-lieu of providing a rental unit. Such fee
shall be known as the "in-lieu rental fee" .
(b) The amount of the in-lieu rental fee for a project shall be
determined by resolution by the City Council at least every two years .
The methodology for the determination of the flat in-lieu rental fee
is shown in Attachment 1 of this ordinance. During the years that
the City Council does not determine the fee by resolution, the amount
of the in-lieu rental fee shall be increased annually by an amount
equal to the rental rate increase used by the City Council in
determining the current in-lieu rental fee.
(c) The in-lieu rental fee shall be paid at the time of issuance
of a building permit for each rental unit.
(d) The in-lieu rental fee shall be deposited into a fund to be
known as the "Rental Availability Housing In-Lieu Rental Fees Fund"
( "Fund" ) and shall be used only for the purposes set forth herein.
/hsngordd
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(e) All monies in the Fund, together with any interest earnings
on such monies less reasonable administrative charges, shall be used
by the City Manager for the purpose of providing rental housing in the
City of Dublin through land acquisition, land or rental writedowns,
construction of rental housing, rental assistance, direct
contributions to a non-profit association or corporation for
construction of rental housing, landbanking ( including property
exchanges) and any other mechanism available to the City to provide
rental housing.
( f) The monies in the Fund shall be used or committed to use for
the purposes set forth in subsection (e) above within seven ( 7 ) years
of the date of payment into the Fund. Any monies remaining unexpended
or uncommitted at the end of the seven year period shall be refunded
to the then-current owner or may be contributed to a non-profit
association or corporation for the purpose of providing rental housing
in Dublin, at the option of the City Council .
(g) No later than June 30 of each year, the City Manager shall
prepare a report for the City Council identifying the balance of
monies in the Fund and the rental housing provided and any monies
committed to providing rental housing. The annual report shall also
include a review of administrative charges . The City Council shall
receive and consider the report.
Section 8 . 12 . 080 . Conflict of Interest. Following are those
individuals who, by virtue of their position or relationship, are
found to be ineligible to rent a unit under this chapter as their
residence:
(a) All employees and officials of the City of Dublin who have,
by the authority of their position, policy making authority or
influence affecting City housing programs .
(b) The Applicant or Project Owner.
Section 8 . 12 . 090 . Violations .
(a) It shall be unlawful for any person, firm, corporation,
partnership or other entity to violate any provision or to fail to
comply with any of the requirements of this Chapter. A violation of
any of the provisions or failing to comply with any of the
requirements of this Chapter shall constitute a misdemeanor; except
that notwithstanding any other provisions of this Code, any such
violation constituting a misdemeanor under this Chapter may, in the
discretion of the enforcing authority, be charged and prosecuted as an
infraction.
(b) Any person convicted of an infraction under the provisions
of this Code, unless provision is otherwise herein made, shall be
punishable as provided by the Government Code of the State of
California.
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Section 8 . 12 . 100 . Enforcement.
(a) The provisions of this chapter shall apply to all agents,
successors and assigns of an Applicant. No building permit or
occupancy permit shall be issued, nor any development approval be
granted which does not meet the requirements of this chapter.
(b) The City Manager is designated as the enforcing authority.
(c) The City may institute any appropriate legal actions or
proceedings necessary to ensure compliance herewith, including but not
limited to actions to revoke, deny or suspend any permit or
development approval .
Section 8 . 12 . 110 . Appeals . Any person aggrieved by any action
involving denial, suspension or revocation of an occupancy or other
permit, or denial, suspension, or revocation of any development
approval, may appeal such action or determination in the manner
provided in Section 1 . 04 . 050 of the Municipal Code. "
Section 2 . 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 .
Section 3 . Relation to Approved Projects .
The enactment of this ordinance and Chapter 8 . 12 of the Municipal
Code shall not affect the conditions of any project approved before
the effective date of this ordinance, including any condition for
rental of units consistent with the Housing Element in effect at the
time of approval of the project, provided that the conditions of any
such project may be amended upon application of the Project Owner to
include the alternative of payment of an in-lieu rental fee.
Section 4 . Posting and Effective Date.
This ordinance shall take effect and be in force thirty ( 30) days
from and after the date of its passage. This 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.
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PASSED, APPROVED AND ADOPTED this day of , 1991, by
the following vote:
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
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ATTACHMENT 1
The methodology for determining the in-lieu rental fees shall be as
follows :
The amount of the in-lieu rental fees for a project shall be
calculated by multiplying the required number of rental units by the
amount necessary to subsidize the rental of a three bedroom market
rate apartment for five years for a family of five earning 800 of the
Alameda County median income, where no more than 300 of income is
spent on rent. The amount of the in-lieu rental fee will be
determined using the following table. (The numbers in the table are
illustrative, the market rent, County Median Income and rental
increase rate in the table will be those in effect at the time of
approval of the project) :
Family of Five. Alameda County Median Income of $46 ,850.
Percent Market Affordable Difference 12 Mos . 5yrs The value
of Rent Rent of the
Median first
Income year's
rent plus
4 years
at 5%
yearly
adjust-
ment for
rent
increases
80% $1, 100 $937 $163 $1,956 $9 ,780 $10,808
The value of the first year of rent plus four years at 5% yearly
adjustment for rent increase is calculated by adjusting the base of
$1, 956 in this example annually for a period of four years at a
compounded annual rate of 5% and adding that amount to the first
year' s rent. The 5% is based on a survey of rental increases in
Dublin in July 1991 . Typical rental increases will vary over time.
Market rent will be determined by the City Manager. The
apartment units used for determination of comparative market rental
cost must be located in the Tri-Valley area (Dublin, San Ramon,
Livermore and Pleasanton) and be comparable in size, age and amenities
to the units that would otherwise be sold. In preparing the market
rent comparisons, first consideration will be paid to rental projects
in Dublin, then to those in San Ramon, Livermore and Pleasanton.
/hsngordd
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The in-lieu rental fee will be increased annually during the
years that the City Council does not determine an in-lieu rental fee
by an amount equal to the rental rate increase used by the City
Council in determining the current in-lieu rental fee. For example:
- In-lieu rental fee: $10,808
- Rental rate increase: 5%
- Increased in-lieu rental fee: $10, 808 x 1 . 05 = $11, 348
/hsngordd
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RESOLUTION NO. 91 - 033
RECOMMENDING THE CITY COUNCIL APPROVE THE REZONING REQUEST
CONCERNING PA 91-042
DOUGHERTY REGIONAL FIRE AUTHORITY REZONING APPLICATION
RESOLUTION NO. 91 - 034
RECOMMENDING CITY COUNCIL APPROVAL OF PA 91-042
DOUGHERTY REGIONAL FIRE AUTHORITY
CONDITIONAL USE PERMIT
AT 7494 DONOHUE DRIVE AND 7601 AMADOR VALLEY BOULEVARD (PORTION)
The Commission took a 10 minute break.
SUBJECT: General Plan Amendment 91 -001 : Amendment to the Housing
Element of the General Plan to allow fees to be paid in-lieu
of a requirement by Housing Element Policy IIIE which requires
a percentage of units in large multi-family projects (i e
p_roiects with more than 10 units) be rented for a specified
period of time (Citywide) [continued from the July 1 , 1991
Planning Commission meeting
SUBJECT: General Plan Amendment 91 -001 : -Adoption of an ordinance to
allow fees to be paid in-lieu of a requirement that a
percentage of units in large multi-family projects be rented
for a specified period of time (Citywide) [continued from the
July 1 , 1991 Planninq Commission meeting]
SUBJECT: PA 88-009 . 1 Dublin Meadows Planned Development Rezone to allow
fees to be paid in-lieu of a requirement that a minimum of 10%
of multi family units be maintained as rentals for a period of
five years located at 7081 Dublin Meadows Street [continued
from the July 1 , 1991 Planning Commission meeting
Cm. Zika opened the public hearing on the three items and asked for the
staff report .
Mr. Carrington presented the staff report for items 8 . 7 , 8 . 8, and 8 . 9 as
a group. Mr. Carrington pointed out several corrections that Pgeedid of
be made on the various agenda items . ( 8 . 7 pg. 17 of 39 ;
15 ; 8 . 9 pg. 4 of 10 and pg. 10 of 10 ; 8 . 11 pg. 10 of 39 ; pg.
pg. 21 of 39 ; pg . 29 of 39 ; and pg. 30 of 39 .
Cm. North pointed out an error on page 7 of 15 in item 8 . 8 in that the
City' s current vacancy rate was 3 . 9% rather than 1 . 8% .
Cm. North questioned who had put the bond issue up for vote.
Mr. Tong responded that he believed that it had been Countywide .
Wo
PCM-1991 -85
Regular Meeting ;
[8-5min] ,. ,.�, iN, :,
Cm. Zika questioned why an additional increase of 5% could not be made
in the second year.
Mr. Carrington presumed that the 5% would remain constant.
Mr. Carrington suggested that Staff could bring back to the Commission
on an annual basis .
Cm. Zika responded that he would prefer to just raise 5% each year.
Mr. Carrington cautioned that the City had to be careful in placing
exactions on development . Figures had to be provided to establish the
nexus between the 5% and the impacts of development.
Mr. North questioned why the same 5% increase could not be charged in
the second year based on the first year study.
Mr. Carrington responded that there was no objection to a flat 5% in
lieu fee, but language would need to be built into the Housing Element.
He also indicated that the study could be done at more frequent
intervals than every two years so that the Commission' s concerns could
be addressed.
Cm. Zika indicated that it was not necessary to do a survey every year,
that every two years would be fine. The percentage would be determined
based on the survey and just raise that percent in the intervening year.
Cm. North expressed concern that there was a lot of confusing language .
He wanted some clear, concise way to define the numbers .
Mr. Carrington explained that this was a specific project . There had to
be a means of determining the charge if the developer did not rent the
required number of units, so that 100 of the 206 units in this specific
project was 21 units .
Cm. North asked if some units had been rented as yet .
Mr. Carrington responded that yes, some of the units had been leased.
Cm. North asked if the developer rented the units and then decided to
pay in-lieu fees, what would happen.
Cm. Zika responded that if the Commission denied the request, the
developer would have to rent for a 5 year period. If the developer paid
the money, the developer can do whatever he wanted to do. It would be
all or nothing, the developer could not rent 10 and sell 11 .
Mr. Carrington indicated that the Applicant was not present.
Mr. Bob Harris, a Planning Consultant from Pleasanton, stated that the
Commission had received a letter from Building Industry Association
which requested that the items be continued for a matter of time . The
builders wanted to go over the issues . Mr. Harris stated that he
represented Mr. Marty Inderbitzen who was asking that item 8 . 11 be
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Regular Meeting
------------------------------PCM-1991 -86 August 5, 1991
[8-5min]
continued so that a building task force could be formed. He felt that
the Commissioners, decisions could have an impact on future housing in
the City and that e more time was
questioned whether he make suggestions
rentalrequirement was
Housing Element. H q
part of a City Ordinance.
Mr. Carrington responded that it would be part of the Rental
Availability Ordinance.
Cm. Zika responded that if the Commission did delay the action, it would
just cause having the Contractors screaming at the Commission.
Mr. Harris recognized the need for affordable housing, but wanted time
to suggest changes to simplify the Ordinance and try to keep the costs
within bounds .
Cm. North asked if Mr. Harris had a timeframe.
Mr. Harris responded 60 days that it would take a minimum of 30 days to
form a group.
Cm. Zika asked what kind of timeframe did the City have from the State?
Mr. Carrington felt it was not necessary to continue the three items .
This was a request from a specific applicant who had asked for a change
to the Housing Element . Mr. Carrington felt that it was a faifor
straight forward change with a straight forward methodology
determining the cost if the Applicant did not provide the rental
housing.
Bob Shubert, Consultant for the City, indicated that there was no
timeframe for the 10o rental units, but there was a timeframe for the
density and inclusionary issues in the adopted Housing Element.
Cm. Zika responded that he felt the Commission could not fulfill the
request of the Applicant unless all three items were addressed.
Cm. Zika closed the public hearings .
Cm. North stated that the notification had been done and that there had
already been one month in order to comment on the items .
Mr. Carrington indicated that BIA had been sent the agenda items .
Cm. Zika felt that there was not a specific plan as to what would happen
to the money collected as in-lieu fees . He felt that rental units were
needed.
Cm. North asked what was the purpose of 8 . 9 .
Mr. Tong indicated that there had to be three affirmative votes from the
Commission in order for the item to go to the City Council .
-----------------------------------
Regular Meeting PCM-1991 -87 August 5, 1991
[8-5min]
Cm. North expressed his concern that the Applicant did not have
representation at the meeting.
Cm. North questioned what would happen if the in-lieu fees were held for
seven years and not used, would they have to be given back to the
Applicant.
Mr. Carrington responded that the monies could be used to subsidize
rents that the City did have the Dublin Housing Authority.
Ms . Silver indicated that the money would be either returned to the
owner or it could be contributed to a non-profit organization such as
the Dublin Housing Authority . The Dublin Housing Authority was a legal
entity and consisted of the five City Councilmembers and two tenant
Commissioners . The City contracts with the Alameda County Housing
Authority to provide staffing for the public entity.
Cm. North still expressed concern over no specific plan for the in-lieu
fees .
It was recommended that each item be voted on separately .
On motion from Cm. North, seconded by Cm. Rafanelli, and with a vote of
3 - 0 (Cm. Barnes abstained) , the Commission adopted
RESOLUTION NO. 91 - 039
RECOMMENDING THAT THE CITY COUNCIL ADOPT
A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE
FOR GENERAL PLAN AMENDMENT 91-001 , INCLUDING THE AMENDMENT
TO THE HOUSING ELEMENT, THE RENTAL AVAILABILITY ORDINANCE,
THE PLANNED DEVELOPMENT REZONING (PA 91-001 ) ,
THE INCLUSIONARY HOUSING ORDINANCE AND THE DENSITY BONUS ORDINANCE
RESOLUTION NO. 91 - 040
RECOMMENDING CITY COUNCIL APPROVAL OF A GENERAL, PLAN AMENDMENT
TO REVISE THE HOUSING ELEMENT OF THE DUBLIN GENERAL PLAN
On motion from Cm. North, seconded by Cm. Rafanelli , and with a vote of
3 - 0 (Cm. Barnes abstained) , the Commission adopted
RESOLUTION NO. 91 - 041
RECOMMENDING CITY COUNCIL APPROVAL OF A RENTAL AVAILABILITY ORDINANCE
------------------------------------------------------
Regular Meeting PCM-1991 -88 August 5 , 1991
[8-5min]
RESOLUTION NO. 91 - 042
RECOMMENDING CITY COUNCIL APPROVAL OF
THE IN-LIEU RENTAL FEE
of
On motion from Cm. North, secondthebCommission erecommended tagain tethe
0 - 3 (Cm. Barnes abstained) ,
adoption of
RESOLUTION NO. 91 - 043
RECOMMENDING CITY COUNCIL APPROVAL
OF A PLANNED DEVELOPMENT REZONING PA 91-001
TO AMEND CONDITION ##54 OF CITY COUNCIL RESOLUTION NO 32-89 (PA 88-009)
TO ALLOW THE OPTION OF PAYING AN IN-LIEU RENTAL FEE
RATHER THAN PROVIDING RENTAL UNITS
FOR HERITAGE COMMONS - J. L. CONSTRUCTION
SUBJECT: General Plan Amendment 91 -001 : Adoption of an ordinance
permitting a density bonus program as permitted by Sections
65913 . 4 65913 . 4 65915 and 65917 of the Government Code
(Citywide) [continued from the July 1 , 1991 Planning
Commission meeting]
Cm. Zika opened the public hearing and asked for the staff report.
Mr. Carrington presented the staff report.
Cm. North questioned the definitions on pg. 7 of 17 (First Time Home
Buyer: A person who has not held an ownership interest in a residence
within the past three years . ) ; pg. 8 of 17 ( "Senior Citizen: A person
at least 62 years of age , and pg. 12 of 17 ( "All purchasers of
restricted units shall be 'senior, citizens or first time home buyers . "
Cm. North was concerned if a person lost their spouse and was forced to
sell, they would not be able to qualify as a first time buyer by this
definition. He also stated that the City defines a "Senior" as 55 years
of age .
Mr. Carrington responded that the State determined 62 years of age as a
"Senior."
Cm. North wanted the "First Time Home Buyer" thrown out because he felt
it made it too restrictive . He questioned why it should be restricted
to low income .
------------------------------PCM-1991 -89
Regular Meeting August 5, 1991
[8-5min]
RESOLUTION NO. 91 - 041
A RE�,jLUTION OF THE PLANNING COi___SSION
OF THE CITY OF DUBLIN
-------------------------------------------
------
RECOMMENDING CITY COUNCIL APPROVAL OF A RENTAL AVAILABILITY ORDINANCE
WHEREAS, pursuant to the General Plan Amendment requested by JL
Construction and initiated by the City Council to revise Strategy III .E of the
Housing Element, the City of Dublin has prepared a Rental Availability
Ordinance; and
WHEREAS, notice of the Planning Commission public hearing was published in
the local newspaper and posted in the City Clerk's Office and in other public
buildings in accordance with California State Law; and
WHEREAS, the Rental Availability Ordinance has been reviewed in accordance
with the provision of the California Environmental Quality Act; and
WHEREAS, an Environmental Impact Report, SCH #84011002 , was prepared for
the Dublin General Plan and certified on February 11 , 1985; which Environmental
Impact Report addressed impacts of the future development of the City of
Dublin; and which impacts of said development of the General Plan exceed the
impacts of General Plan Amendment 91-001 including the Rental Availability
Ordinance and an in-lieu rental fee pursuant to that ordinance; and
WHEREAS, the programs proposed in the Rental Availability Ordinance do not
raise any new significant environmental issues which were not addressed in the
Dublin General Plan Environmental Impact Report; and
WHEREAS, data indicating the amount of cost, or estimated cost, required
to provide the housing for which the in-lieu rental fee is levied and the
revenue sources anticipated to provide the housing, including General Fund
revenues were made available to the public at least 10 days prior to the public
hearing; and
WHEREAS, on August 5, 1991 , the Planning Commission adopted Resolution No.
91-039 recommending City Council certification of the Negative Declaration as
adequate and complete; and
WHEREAS, the Planning Commission considered all written and oral testimony
submitted at the public hearing.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby recommend that the city Council approve the draft Rental Availability
Ordinance.
PASSED, APPROVED AND ADOPTED this 5th day of August, 1991.
AYES: Commissioners North, Rafanelli and Zika
NOES: Nones
ABSENT: Commissioner Burnham
ABSTAINED:Commissioner Barnes
Planning Commission chairperson
ATTEST:
d&W-
Planning Director
/hsngred f .
RESOLUTION NO. 91 - 042
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
-----------------------------------------------------------------
RECOMMENDING CITY COUNCIL APPROVAL OF
IN-LIEU RENTAL FEES
WHEREAS, the City of Dublin has prepared a Rental
Availability Ordinance in order to implement Dublin Housing
Element Strategy III .E. ; and
WHEREAS, notice of the Planning Commission public hearing
was published in the local newspaper and posted in public
buildings in accordance with California State Law; and
WHEREAS, the Rental Availability Ordinance has been reviewed
in accordance with the provisions of the California Environmental
Quality Act;
WHEREAS, an Environmental Impact Report, SCH #84011002 , was
prepared for the Dublin General Plan and certified on February
11 , 1985; which Environmental Impact Report addressed impacts of
the future development of the City of Dublin; and which impacts
of said development of the General Plan exceed the impacts of
General Plan Amendment 91-001, including the Rental Availability
Ordinance and in-lieu rental fees pursuant to that ordinance; and
WHEREAS, the program proposed in the Rental Availability
Ordinance, including in-lieu rental fees, does not raise any new
significant environmental issues which were not addressed in the
Dublin General Plan Environmental Impact Report; and
WHEREAS, Section 8.12.070 (f) of the proposed Rental
Availability Ordinance states that the City Council shall
establish the in-lieu rental fees by resolution; and
WHEREAS, the methodology for determining the amount of the
in-lieu rental fees is set forth in Attachment 1 of the Rental
Availability Ordinance; and
WHEREAS, data indicating the amount of cost, or estimated
cost, required to provide the housing for which the in-lieu
rental fee is levied and the revenue sources anticipated to
provide the housing, including General Fund revenues were made
available to the public at least 10 days prior to the public
hearing; and
WHEREAS, notice of the preparation of the Negative
Declaration was published in the local newspaper and posted in
public buildings to provide for a 21 day public review period in
accordance with the California Environmental Quality Act (CEQA)
Guidelines; and
WHEREAS, on August 5, 1991, the Planning Commission adopted
Resolution No. 91-039 recommending City Council certification of
the Negative Declaration for GPA 91-001 as adequate and complete;
and
WHEREAS, the Planning Commission considered all written and
oral testimony submitted at the public hearing.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby recommend that the City Council approve
the in-lieu rental fees of $10,808 for every rental unit which is
not provided.
PASSED, APPROVED AND ADOPTED this 5th day of August, 1991.
AYES: Commissioners North, Rafanelli and Zika
NOES: None
ABSENT: Commissioner Burnham
ABSTAINED:Commissioner Barnes
Planning Commission Chairperson
ATTE T• pp'' 4i .�-Pla Dire t r
/RAOINLIE