HomeMy WebLinkAboutItem 8.2 RepealRental AvailabilityOrd (2)
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CITY CLERK
File # D~~[Q]-~lQJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE:
SUBJECT:
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Consideration of request to initiate a General Plan Amendment to
repeal the Rental availability Ordinance
(Report Prepared by Dennis Carrington, Senior Planner)
EXHIBITS ATTACHED:
Chapter 8.04 of the Municipal Code, Rental Availability
Ordinance
Letter from Kaufman and Broad dated February 12, 1996
A.
B.
RECOMMENDATION: nJV' 1.
\" ' 2.
Consider repealing the Rental Availability Ordinance
Give Staff direction on repeal of Rental Availability
Ordinance
FINANCIAL STATEMENT:
No cost to City
DESCRIPTION:
The purpose of the Rental Availability Ordinance is to provide rental housing in the City of Dublin
by requiring that 1 0% of the total number of units in all new multifamily proj ects of more than ten units
be maintained as rental units for a period of five years. The obligation to provide rental units may be
satisfied by the applicant's payment of the In-Lieu Rental Fees.
Matt Koart, Vice President of Land Acquisitions for Kaufman and Broad has submitted a request
(Exhibit B) to amend the Housing Element of the General Plan to delete the Rental Availability
Ordinance. If the City Council wishes to repeal the Rental Availability Ordinance, it will be necessary for
the Council to initiate a General Plan Amendment to amend the Housing Element of the General Plan to
delete references to the Ordinance and to prepare an ordinance repealing the Rental Availability
Ordinance.
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COPIES TO:
Rental Availability Ordinance File
Matt Koart
Dennis Carrington, Senior Planner
ITEM NO. &L
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Chapter 8.04
RE1\'TAL A V AILABILITY
Sections:
8.04.010
8.04.020
8.04.030
8.04.040
8.04.050
8.04.060
8.04.070
8.04.080
8.04.090
8.04.100
8.04.110
Title.
Findings.
Purpose.
Definitions.
~neraI rental unit
requirements for new
multifamily residential
developments of more
than ten (10) units.
Relation of rental
availability ordinance to
incIusionaI)' housing
ordinance.
In-lieu rental fees.
Conflict of interest.
Vi oIati on-PenaJty.
Enforcement.
Appeals.
8.04.010 Title.
The ordinance codified in this chapter
shall be called the "Rental Availability
Ordinance of the City of Dublin." (Ord.
14-91 S 1 (part))
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8.04.020 - 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 Dub-
lin nnds the city is experiencing a shortage
of rental housing. The city's Housing Ele-
mentidentifies a::five-r...rcent (5%) vacancy
rate as necessary to permit rental mobility
whereas the city's 3.9 percent rental vacan-
cy rate falls far below that goal. (Housing
Element, pp. 16-17.) In addition, rental
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8.04.010
housing is an important source of affordable
housing since downpayment requirements
and the high cost of new housing limit new
ownership housing as an affordable housing
source. Also, some households choose to
rem for reasons otl1erthan affordabiIity. The
City Council finds that it is a public pur-
pose of the city and a public policy of the
state of California as mandated by the re-
quirements for a housing element of the
city's general plan, to make available an
adequate supply of rental housing for per-
sons of all economic segments of the com-
munity. COrd. 14-91 S 1 (pan))
8.04.030 Purpose.
The purpose of this chapter is to enhance
the public welfare and assure that housing
development contributes to the anainment
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 ofJand remains for development of
housing" in the city and extended planning
area. In order to assure that the remaining
developable land is utilized in a manner
consistent with the city's housing policies
and needs, the city declares that ten percent
(10%) of the total number of units in all
new multifamily projects of more than ten
(10) units shall be maintained as rental units
for a period of nve (5) years. The regula-
tions set forth in this chapter shall apply
citywide, including the extended planning
areas. (Ord. 14-91 S 1 (part))
(Dubw> 8-92)
EXHIBIT A
8.04.04D
8.04.040 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.
"Applicant" means any person, firm,
partnership, association, joint venture, cor-
poration, or. any entity or combination of
entities which seeks city permits and ap-
provals for a project.
"Approval" means ~option of a resolu-
tion 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.
"City" means the city of Dublin or its
designee or any entity with which the city
contracts to administer this chapter.
."Dublin employee". means any single
person, heaq of ho~hold or, in the case of
married couples, either spouse, who has
wor~ed ~~n the city. limits of Dublin
continu~ly for one (1) year immediately
prior to the date of application for a rental
unit
~'Iiublin r::Si~nt" means any person who
has liv~ within the city . limits of Dublin
contjn~al.ly f~r .one .c1) year immediately
prior_~ ~ ~.' ~f .appliC?Jio~ for a rental
unit.. ~'~?tin~t'._~~l be .construed to
incl!l.de lapses. of ~~idency ~f no longer
~ six (6) months. .
"DweJ!ing. unit" m~ a dwelling de-
signed for occupancy by one (1) household.
"Ho~hold" means one (1) pers~n living
alone, or two (2) or .more persons sharing
residency ~ose income resources are avail-
~le to meet the family's needs and who are
related by blood. marriage or operation of
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(Doblin 8-92)
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"In-lieu rental fee" means a fee paid to
the city by an applicant for residential de-
velopment in the city, in lieu of providing
the rental units required by this chapter.
"Multifamily residential development"
means a project which includes any multi-
family dwellings.
"Project" means a housing development
at one (1) location including all dwelling
units for which permits have been applied
for or approved within a twelve (12) month
period.
"Project owner" means any person, firm,
pannership. association, joint venture, cor-
poration, or any entity or combination of
entities which holds fee title to the land on
which the project is located.
"Rental unit" means a rental dwelling
unit ~ required by this chapter.
"Re-rental controls" means legal restric-
tions by which the availability of rental
units will be monitored and controlled to
insure that the unit remains available for
rent
"Unit type" means dwelling units with
similar floor area and number of bedrooms.
(Ord. 14-91 g 1 (part))
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8.04.050 General rental unit
requirements for new
multifamily residential
developments of lI!ore
than ten (10) units.
A. 1. Any new multifamily residential
development involving more than ten (10)
dwelling units, which is approved on or
after the effective date of the ordinance
codiiiedin this chapter, shall be conditioned
to include an ~oreement to provide ten
percent (10%) of the total number of dwell-
ing units within the development as rental
units for a period of five (5) years from the
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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 chapter subject to approval
by the approving body.
2. In applying the ten percent (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 (1) rental
unit The rental requirement shall be im-
posed only once on a given development,
regardless of changes in the character or
ownership of the development
B. 1. Any development permit for new
multifamily residential development projects
of more than ten (10) units, if granted, shall
be subject to conditions ensuring compli-
ance 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.
2. 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 fmal inspection of the fITst dwelling
unit in the project The agreement shall
indicate the number and construction sched-
uling of all rental units and any other infor-
mation 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 fmal
inspection of the fITst dwelling unit in the
project and shall run with the land encom-
passed by the project for each phase until
the rental units have been occupied for a
period of five (5) years from the date of
final occupancy of the last unit in each
phase.
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8.04.050
C. Dublin residents will be given fITst
preference for rental units: Dublin employ-
ees 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.
D. AIl rental units in a project and phas-
es of a project shall be constructed concur-
rently with or prior to the construction of
nonrental units.
E. AIl rental units:
1. Shall be reasonably dispersed
throughout the entire development;
2. Shall include all unit types represent-
ed 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
3. Shall be compatible with the design
and use of the nonrental units in terms of
exterior appearance, materials and finish
quality.
F. The City Council shall establish the
in-lieu rental fee by resolution, which shaH
be adopted at least every two (2) years.
G. The City Manager shall monitor the
continuing availability of rental units and
shall take such actions as necessary to noti-
fy the public of their availability. (Ord. 14-
91 S 1 (part))
8.04.060 Relation of rental
availability ordinance to
inc1usionary housing
ordinance.
The rental availability provisions of this
chapter are separate from the provisions of
the Inc1usionary Housing Ordinance of the
city of Dublin. However, rental units re-
(Dublill &-92)
8.04.060
quired under the rental availability ordi-
nance codified in this chapter may also be
counted to determine compliance with
inclusionary housing requirements so long
as the rental units meet all applicable re-
quirements of the inclusionary housing
ordinance, including the time period and
rent levels required. (Ord. 14-91 S 1 (part))
8.04.070 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 resolu-
tion by the City Council at least every two
(2) years. The methodology for the determi-
nation of the flat in-lieu rental fee is shown
in Attachment 1 to the ordinance codified
in this chapter. 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.
e. The entire in-lieu rental fee shall be
paid no later than at the time of the final
inspection of the first dwelling unit in the
project
D. The in-lieu rental fee shall be depos-
ited 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.
E. AIl moneys in the Fund, together
with any interest earning on such moneys
less reasonable administrative charges, shall
be used by the City Manager for the pur-
pose of providing rental housing in the city
of Dublin through land acquisition, land or
(Dubful 8-92)
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rental writedowns, construction of rental
housing, rental assistance, direct contribu-
tions to a nonprofit association or corpora-
tion for construction of rental housing,
landbanking (including property exchanges),
and any other mechanism available to the
city to provide rental housing.
F. The moneys in the Fund shall be
used or committed to use for the purposes
set forth in subsection E of this section
within seven (7) years of the date of pay-
ment into the Fund. Any moneys remaining
unexpended or uncommitted at the end of
the seven (7) year period shall be refunded
to the then-current owner or may be con-
tributed to a nonprofit association or the
corporation for the purpose of providing
rental housing in Dublin, at the option of
the City Council.
G. No later than June 30th of each year,
the City Manager shall prepare a report for
the City Council identifying the balance of
moneys in the Fund and the rental housing
provided, and any moneys 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. (Ord. 14-91 S 1 (part))
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8.04.080 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. AIl employees and officials of the
city of Dublin who have, by the authority
of their position, policymaking authority or
influence affecting city housing programs;
B. The applicant or project owner. (Ord.
14-91 S 1 (part))
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8.04.090 Violation-Penalty.
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 require-
ments 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 prose-
cuted as an infraction.
B. !illy 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. (Ord. 14-91
S 1 (part))
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8.04.100 Enforcement.
A The provisions of this chapter shall
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8.04.090
apply to all agents, successors and assigns
of an applicant. No building permit or occu-
pancy permit shall be issued, nor any devel-
opment 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 appropri-
ate legal actions or proceedings necessary
to ensure compliance herewith, including
but not limited to actions to revoke, deny or
suspend any permit or development approv-
al. (Ord. 14-91 S 1 (part))
8.04.110 Appeals.
!illy person aggrieved by any action
involving denial, suspension or revocation
of an occupancy or other permit, or denial,
suspension or revocation of any develop-
ment approval, may appeal such action or
determination in the manner provided in
Section 1.04.050 of the Municipal Code.
COrd. 14-91 S 1 (part))
(])oblin &- 92)
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'B'51U8l)67182
K,nT~L-\.\ &; BROAD
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K' UFMANaBRO-~_D
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February 12, 1996
Ms. Jeri Ram
Senior Planner
City of Dublin
100 Civic Plaza
Dublin. CA 94568
VIA TELECOPY (510) 833-6628 AND U.S. MAJL
Re: Rental Availability Ordinance (Chapter 8.04)
Dear Jeri:
As you may know, the City's Rental Housing Ordinance was discussed at a recent study
session with the Dublin City Council and Planning Commission. I provided the Council
and Commission vvith a study prepared by Anthony Hurt & Associates which provided
evidence that attached housing tends to provide approximately 30% rentals) and that this
Ordinance is unnecessary is meet the City's stated goal of providing 10% rentals in multi-
family proj ects.
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Therefore, please consider this letter an application to amend the City's General Plan
Housing Element and the Conditions of Approval for Tract 5926 (aka CA Highlands).
Please let me know if any other City applications are required~ and the amount of the
application fee. I would like this matter set for the Planning Commission agenda as soon
as possible.
Finally) attached is a letter from our attorney which provides legal authority for amencling
conditions even though the subdivision map has already been approved and recorded.
Thank you for your assiStance.
Sincerely,
KAUFMAN AND BROAD OF NORTHERN CALIFORNIA, INC.
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Matt Koart
Vice President - Land Acquisitions
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cc:
Rich Ambrose (WiD encI.)
Dave Lanferman (w/o enel.)
Larry Tong (w/o encl.)
EXHIBIT {3
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