HomeMy WebLinkAboutItem 6.1 In-LieuRentalFee (2)
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,', AGENDA STATEMENT " ,',: "
"OITVCOUNCIL,MEETING DATE:, March_'~~'199fr. '
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Public HeariiIg: ~ucti~n:ofReBtid A\l8Uel:)i1i~~..Lieu Rental "
Fee Amount " '
(Report Prepared byDeJ1nillC~bn, Senior. Planner)
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E~BITS A.TTACHED: ,,'
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A. "Resolution deteniiining*lri..Lieu~eifa1 F.e,amount "
B. Mettlorahdum toPlarUiin.g,'Dfrect()rdate4Janual'y, 31, 1996
C.Chapter 8~04,oftheMutJieipa1CC)de;Jlental 'A vai4lbility
Ordi~ "', " ',',
D. Attachment 1 ()f~eRenta1 A~~Uity,atdidulce
E. Rental Survey "
F. Spreadsheet showing c,alcuWion' ofIp~~ie~'R.entalFee
fimount " \,,' :
RECOMMENDATION:
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3.
4.
S.
Open PublicHiwitIg,
Hear Staffpresentat!on ", "'.
Receive Public 'Testimony'
Deliberate >' """,' '
Adopt ~esolutionnWising 'the, Ih~Meu .Rental Fee amount QI'
'pt'Ovidedirectiolltegardin8 #In..LieU Rtfutft1F~e, itnd'
col1tinuethis:item;,
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FINANCIAL'StA1tMENT: Minor costto Cjtyto administertJte inW<e of tile fee; depositing the
fee into a special account; and to administer the use of the funds to,pro:vide, rental: hOUsing in the City of
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. Dublin. ... e,:
DESCRIP'FION: ..
On September 23, 1991, the City Council adoptedth~ Renta1'Availa"bility~:t. 'AUhat' ,
hearing, the COuncil approved an In-Liell Rental Fee of$10,808 per tental~,ript\~\ri4ed;The':
Ordinance calls for the 'In-Lieu Rental Fee tobeupdat~. evety twoyears.lbi~ ,~mtl?een'ctone 'due to
the press ofothdfmlitters. .... ",..i'.'i',': '.:,. .... ;,:'0' .,,' '," .... ,:
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The purpose oftbeRental Availability Ordihance:i,'to proVide' t.mtalltc)l.,jqg1nthtICbj'of Dublin
by reqriiringtPit'l00(O :of the tota!':'l1Umberofunitsinall'neWinUltifamily projeMS 'otme>it than ten uriits
be maintained' as rental units for a period offive yeats. 'Thtobligauontppro~demta1hnjtsmtlybe
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r" , PA96-006 FiI~ "'d , . ....,
Dennis Carrhi'...,i,....wr'Planne;. .
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satisfied by. the applicant's.payment of the InwLieu Rental Pees. The amount of the InwLieu RentalPee for
a project is required by the Municipal Code to be determined by the City Council at least every tw&~. . .
The methodology for establishing the InwLieu Rental Fee is set forth in Attachment 1 (Exhibit D)
of the Rental Availability Ordinance and more clearly shown in Exhibit F. The fee must equal the cost, .
for a five year period, of the difference between the cost of a three bedroom apartment and the amount that
a low income family earning 80% of the Alameda County Median income for a family of five can pay for
such a unit. That cost is determined for each year of a five year period and then totaled for the fee. The
InwLieu Rental. Pee is charged for the JO% of the rental units not provided by the developer. Three
variables determine the amount of the InwLieu Rental Fee:
~"~_=~ iZ _.~.~ .,"
1. The Median Income for a family offive as detennined by the E~deral'D~artment of
Housini and Urban D~veIQpment. This amount must be projected for the five year period for which the
Itt;Li~u Rental Fee is calculated.. The rate of increase over the previous five years is used to projectthe
rate of increase of the median income for the five yeats for which the fee is to be calculated. Staff
calculated the annual percentage rate of increase for median income for the period between the beginning
of 1989 and the beginning of 1995 to be 4.84835%. This rate of increase will be used for the calculation
of the fee for the next five years:
2. The market rent of II three bedroomunitco11lPar~ble to tIle units beini built as part of the
multifamily deyelQpment for Which an InwLieu Rental Fee is beini paid. This amount must be projected
for the five year period for which the InwLieuRental Fee is calculated. Staffperformed a telephone survey
of comparable apartment complexes for rents .ofthree bedroom units in Dublin, Livermore and San
Ramon. The survey determined the average rent to be $1,231.16.
3. The rate of ~q,r~et Ren~ increase. This rate was determined by means of a telephone .
survey by Staff. The rental figure for 1994 is the only reliable historic rental figure available to the City.
The rate of increase from 1994 to 1995 was determined to be 4.06%. This figure was used to project the
rate of increase of the median income figure for the five :years for which the fee is calculated.
IN~LIEU RENTAL FEE
The In..Lieu Rental Fee was calculated as shownon the attached spreadsheet (Exhibit F). Federal
standards for expenditures on housing state that a low income family earning 80% of the median income
should pay no more than 30% of its income on housing. Since rental units are required to be avai~able for
a five year period, the Fee is calculated over a five year period. The year is shown in the first column of
the spreadsheet. The spreadsheet shows the Alameda County Median Income for a family of five in the
secondcolumn~ The third column shows 80010 of the median income. The fourth column divides the 80%
figure by 12 to arrive at monthly income. The fifth colwnn shows the cUlTent mark~t rent, fora three
bedroom apartment comparable to multiwfamily units being built in Dublin today. The sixth column i
shows the monthly amount afamily can.spend for rent (30% of monthly income shown in column four).
The difference between the current market rent in coluinn five and the amount a family can spend in
column six is calculated and shown in column seven. In the case of 1995, the monthly difference is
$34.16. This amount is multiplied by 12to arrive at the yearly difference for 1995 of $409.92 in column
8. Identical calculations are run for 1996 through 1999 with figures for those years for Yearly Income and
Market Rent being increased based on past increases for those figures. The yearly difference for each year
is totaled to arrive at the In-Lieu Rental Fee of $986.24 per rental unit that that the developer elects to not .~
provide.
An InwLieu Rental Fee fut a hypothetical 250 unit townhome development could be calculated
using the existing $10~'808 In~Lieu Rental Fee and the proposed $986.24 fee. A 250 unit townhome'
development would be required to provide 10% of the units (25 units) as rentals for a five year period.
25
$10,808 1991 FEE
PER UNIT
$270,200 Total
$986.24 1995 FEE
PER UNIT
$24,656 Total
UNlTS
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. The fee as currently calculated is significantly lower than the 1991 fee. This is because the yearly
median increase is based on a slower rate (4.84 %) than used in 1991 (5%) and because the rate of
increase in market rents is based on a slower rate of increase (4.06%) than used in 1991(5%). This is
made clear in the later years of the fee calculation when the amount of money available for families in the
Low Income category to pay rent actually exceeds the market rent. These changes in the variables
determining the fee can result in much lower fees when calculateciove;...&- five year period.
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Staff recommends that the City Council adopt Exhibit A, Resolution determining the In. Lieu
Reptal Fee amount, or that the City Council provide direction regarding the In-Lieu Rental Fee and
continue this item.
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g:P A96006\AGDASTMT
RESOLUTION NO. - 96
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVAL OF IN-LIEU RENTAL FEE
WHEREAS, the City Council adopted the Rental Availability Ordinance on September 23, 1991,
in order to implement Dublin Housing Element Strategy III.E.; ~d__, _
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WHEREAS, pursuant to the provisions of State Planning and Zoning law, it is the function and
duty of the City Council of the City of Dublin to take action on proposed fees; and
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WHEREAS, the Rental Availability Ordinance and Associated In-Lieu Rental Fee was reviewed
in accordance with the provisions of the California Environmental Quality Act; and
WHEREAS, the 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 programs proposed in the Rental Availability Ordinance, including the In-Lieu
~ental Fee, do not raise any new significant environmental issues which were not addressed in the Dublin
~eneral Plan Environmental Impact Report; and
WHEREAS, Section 8.04.050 (f) of the Rental Availability Ordinance states that the City Council
shall establish the In-Lieu Rental Fee by resolution every two years; and
WHEREAS, on September 23, 1991, the City Council did adopt an In-Lieu Rental Fee of
$10,808; and
WHEREAS, due to the press of other matters a revised In-Lieu Rental Fee has not been adopted
since September 23, 1991 ; and
WHEREAS, the methodology for determining the amount of the In-Lieu Rental Fee is set forth in
Attachment 1 of the Rental Availability Ordinance; and
WHEREAS, a survey by Staff established the average market rent for a three bedroom unit for a
family of five, and determined the rate of Market Rate increase of rents; and
WHEREAS, Staff determined the rate of increase of the Alameda County Median Income for a
family of five; and
. WHEREAS, the City Council did consider the proposed In-Lieu Rental Fee; and
WHEREAS, a Staff Report was submitted recommending that a In-Lieu Rental Fee amount be
approved; and EXHIBIT A
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 City .
Council meeting; and
WHEREAS, the City Council considered all written and oral testimony submitted at the City
Council Meeting; and
NOW, THEREFORE, BE IT RESOLVED that the Dubli~_<::;ity Cou!1ci~ ~pproves the In-Lieu
Rental Fee of $986.24 for every rental unit which is not provided.' .
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PASSED, APPROVED AND ADOPTED this 12th day of March, 1996.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
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ATTEST:
City Clerk
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g:pa96006\reso
CITY OF DUBLIN
MEMORANDUM
TO: Larry Tong, Planning Director
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FROM:
Dennis Carringt~n, Senior Planner
DATE:
January 31, 1 996
RE:
Amount of Rental In-lieu Fee
Chapter 8.04 of the Dublin Municipal Code (attached), the "Rental Ability
Ordinance" states, in part, that subject to approval by the Planning Commission or City
Council, an applicant may contribute a fee in lieu of providing a rental unit. 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 fee is
.shown in Attachment 1 to the Rental Availability Ordinance (attached).
The methodology established by Attachment 1. The fee must equal the cost, for a
five year period, of the difference between the cost of a three bedroom apartment and the
amount a family earning 80% of the Alameda Median income for a family of five
individuals can pay for such a unit. That cost is determined for each year of a five year
period and then totaled for the fee. The fee is charged for 10% of the units. Three
\.::lriables determine the in-lieu fee:
1. The Median Income for a family of five as determined by the Federal
Department of Housing and Urban Development. This amount must be projected for the
five year period for which the in-lieu fee is calculated. The rate of increase over the
previous five years is used to project the rate of increase of the median income figure fOi
the five years for which the fee is calculated.
The annual percentage rate of increase for Median Income for the period between
February, 1989 and January 18, 1995, was determined to be 4.84835%. The Median
Income for a family of 5 rose from $45,050 to $59,850 over 72 months. The 72 month
figure is based on the fact that although the $59, 850 figure is for mid-January, 1995,
71.5 months after the February 1989 start date, the rate would still be $59,850 twelve
.days later at 72 months.
L~HIBIT _13
2. The market rent of a three bedroom unit comparable to the units being built .
as part of the multifamily development for which an in-lieu fee is being paid. This amount
must be projected for the five year period for which the in-lieu fee is calculated.
Market Rate Rent of $1,231.16. Sharon Young performed a telephone survey of
comparable apartment complexes for rents of three bedroom units. The rents for
comparable units in Dublin, Livermore and San Ramon were multiplied times the number
of units at that rate. The resulting totals for each unit were=than" added and divided by
the total number of units (232 for which 1995 rents were available) (see attachment).
This yielded an average weighted regional rent for comparable three bedroom units of
~'1 ,231.16. Kaufman and Broad had Tony Hurt do a survey of Dublin Apartments on
November 15, 1995 (see attached letter from K and B). The rental rate for three bedroom
units from Tony Hurt's survey is $1,238.21. Staff feels that the more conservative lower
figure should be used.
3. The rate of Market Rent increase. This rate is determined by means of a
survey. The rental figure for 1994 is the only reliable historic rental figure available to the
City. All but two apartment managers claimed that they did not have older rental figures
for a variety of reasons. The rate of increase from 1994 to 1995 was used to project the
rate of increase of the median income figure for the five years for which the fee is
calculated.
Market Rate Rent annual increase of 4.06%. The annual percentage increase in
market rate rent was derived for each complex. The number of units was multiplied timAs
the % rate of increase for each unit to reach a weighted total for that unit. The weighted
totals were added and divided by the 136 units for which 1994 figures were available
(see attachment).
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Determination of In-lieu Fee. The attached spreadsheet shows how the factors listed
above were used to determine the Rental In-lieu Fee of $986.24 per unit.
/raomem2
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Chapter 8.04
RENTAL A V AILABILITY
Sections:
, 8.04.010
8.04.020
8.04.030
8.04.040
8.04.050
8.04.060
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8.04.070
8.04.080
8.04.090
8.04.100
8.04.110
Title.
Findings.
Purpose.
Definitions.
General rental unit
requirements for new
multifamily residential
developments of more
than ten (10) units.
Relation of rental
availability ordinance to
incIusionary housing
ordinance.
In-lieu rental fees.
Conflict of interest.
Violation-Penalty.
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 ~ 1 (part))
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8.04.020' Findings."
A goal of the city's adopted housing
element is td achieve a balanced community
with housing available for households over
a range of income levels. The citY of Dub-
lin finds the city is experiencing a shortage
of rental housing. The city's Housing Ele-
ment identifies a five-percent (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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444a
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 householi:is choose to
tent !GReasons'other than affordability. 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. (Ord. 14-91 ~ 1 (part))
8.04.030 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 ofland 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 five (5) years. The regula-
tions set forth in this chapter shall apply
citywide, including the extended planning
areas. (Ord. 14-91 ~ 1 (part))
(Dublill S-92)
EXHIBIT c
8.04.040
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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 andlor
City Council approving a discretionary
permit, such as a tentative map. > planned
development or use permit, for a project
uCity" means the city of Dublin or its
designee or any entity with whkh the city
contracts to administer this chapter.
"Dublin employee" means any single
person, hea4 of hou.s:ehold or, in the case of
married couples, either spouse, who has
worked ~itl1.in the city. limits of Dublin
continu~ly for one (1) year immediately
prior to the date of application for a rental
unit
:'Dublin r~id~nt" means any person who
has livec:I within the city, limits of Dublin
contin~y f~rone ,(I) year immediately
prior.~ the ~.' ~f ,appli~o~ for a rental
unit. ~'Co?-tin~y"...s~l be construed to
incl~de lapses, of ~~idency pf no longer
th~ six (6) months. .
"Dwel.J:ing, unit" me~ a dwelling de-
signed for occupancy by one (1) household.
"HoU&:hold" means one (1) pers~n living
alone, or two (2) or ,more persons sharing
residency wl!-ose income resources are avail-
a.I:>le to meet the family's needs and who are
rel~, ~y ~loo~ marriage or operation of
law. .,'
(Dublin 8-92)
444b
"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.
uMultifamily residential development"
meaIlS-a pr-eject.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,
partnership, 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 ~ 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
codified in this chapter, shall be conditioned
to include an agreement 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 final inspection of the first 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 final
inspection of the first 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.
444c
8.04.050
C. Dublin residents will be given first
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. All 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. All rental units:
1. Shall be reasonably dispersed
throughout the entire development;
2. Shall include all wtit 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 tenns 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 (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 ~ 1 (part))
8.04.060 Relation of rental
availability ordinance to
inclusionary 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 wtits re-
(Dublin 8-92)
8.04.060
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quired under the rental availability ordi-
nance codified in this chapter may also be
counted to detennine 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 ~ 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 I 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.
C. 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
A vailabiIity Housing In-Lieu Rental Fees
Fund" ("Fund") and shall be used only for
the purposes set forth herein.
E. All 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
(Dublin &-92)
444d
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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),
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and" any ather 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 ~ I (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. All 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 ~ 1 (part))
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8.04.090 Violation-Penalty.
A. It shall be unlawful for any person,
fJIID, corporation, partnership or other entity
to violate any provision or to fail to comply
with any of the requirements 9fthis 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. 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. (Ord. 14-91
~ 1 (part))
8.04.100 Enforcement.
A. The provisions of this chapter shall
444e
8,04.090
apply to all agents, successors and assigns
of ap 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.
- -----.....,_.----. - -., II .
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 ~ 1 (part))
8.04.110 Appeals.
AIly 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.
(Ord. 14-91 S 1 (part))
(Dublin 8-92)
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 re~tal of a three bedroom market rate apartment
for five years for a family of five earnin~80% e.t=,the ,}....lameda County
median income, where no more than 30% of income is spent on rent. The
amou~t,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. l'.lameda county Median Income of $46,850.
Percent l'1arket Affordable Difference 12 Mos. 5yrs The value
of Rent Rent of the
Median first
Income year's
rent plus
4 yeaZ"s
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 calcu~ated by adjusting the base of ~1,956
in this example annually for a period of four years at a compounded an~ual
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 comDarative market rental cost must be
located in the Tri-Valley area (Dubiin, 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.
~
EXHIBIT 3L
/hsngo::rdd
7
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
r.l to the rental rate increase used by the City Council in determining
current in-lieu rental fee. For example:
, ,
~. ,,,'
.
.
/hsngordd
_ In-lieu rental fee: $10,808
_ Rental rate increase: 5%
_ Increased in-lieu rental fee: $10,808 x 1.05 = $11,348
. ,I I
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