HomeMy WebLinkAboutItem 6.2 RentalAvailOrdRepeal (2)
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CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 28,1996
PUBLIC HEARING PA 96-019 Rental Availability Ordinance
Repeal
(Report Prepared by: Tasha Huston, Associate Planner) d~
SUBJECT:
EXHIBITS ATTACHED:
A.
RECOMMENDATION:
/1 ""Y
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FINANCIAL STATEMENT: None
DESCRIPTION:
B.
C.
D.
Resolution Approving Negative Declaration, adopting
General Plan Amendment
Ordinance Repealing Rental Availability Ordinance
Chapter 6.3, Strategy UI.E. of the Dublin Housing Element
Chapter 8.04 of the Municipal Code, Rental Availability
Ordinance
Letter from Kaufman and Broad dated February 12, 1996
April 4 and April 9, 1996 memorandwns from Dennis
Carrington containing results of rental surveys.
E.
F.
1.) Open Public Hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt Draft Resolution (Exhibit A) Approving Negative
Declaration, adopting General Plan Amendment, and
Repealing the Rental Availability Ordinance.
6) Waive reading and introduce the Ordinance (Exhibit 1).
7) Schedule the Second Reading for the June 11, 1996 City
Council meeting.
Chapter 6.3, Housing Program Section, Strategy III.E., of the Housing Element of the Dublin General
Plan, dictates that the City shall require a percentage of units in large multi-family projects be rented for a
specified period of time. The related policy objective is to "Insure availability of rental units in Dublin".
A copy of this section of the Housing Element is included as Exhibit C.
Chapter 8.04 of the Dublin Municipal Code, known as the Rental Availability Ordinance, implements the
above-cited General Plan Policy and Housing Program. A copy of this Ordinance is included as Exhibit
D.
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COPIES TO:
In-House Distribution
'ITEMNO. t,..~
The purpose of the Rental Availability Ordinance is to provide rental housing in the City of Dublin by
re4uiring that 10% of the total number of units in all new multifamily projects of more than ten urii{s De
maintained as rental units for a period of five years.
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At the February 6, 1996 joint Planning Commission/City Council study session on affordable housing,
information was presented regarding the supply of housing units in Dublin, including Census and other
State data which estimated the total percentage of rental units in the City to be nearly 35%. The City
Council thus requested staff to report on the status of rental housing availability in the City and whether
the City's Rental Availability Ordinance is still needed to regulate this condition.
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Subsequent to that joint meeting, Matt Koart, Vice President of Land Acquisitions for Kaufman and
Broad submitted a request (Exhibit E) to amend the Housing Element of the General Plan to delete the
Rental Availability Ordinance. The request cited a recent survey by Anthony Hurt & Associates which
indicates that attached housing units in the City of Dublin tend to provide nearly 30% of the units as
rentals.
Senior Planner Dennis Carrington provided supplemental information on this topic at the March 12, 1996
City Council meeting, including surveys of Dublin condominium developments which indicate a 20-30%
rental occupancy rate for these developments (see Exhibit F). After considering the information
presented, the City Council determined that the City's objective regarding rental housing availability
is being met by the housing market, and that the Rental Availability Ordinance is no longer
necessary. The Council directed staff to begin proceedings to repeal the Ordinance.
As a practical matter, if the Rental Availability Ordinance is repealed, the Housing Element of the
Dublin General Plan must also" be amended, to maintain consistency with the Ordinance repeal. This
is ~ecause the Housing Eleme~t in~~udes a .description of City housin~ programs and related policies,..,:::.:~
whIch refers to the Rental AvaIlabIlIty Ordmance (Strategy lII.E.). ThIS Strategy would need to be ,....
eliminated.
The Planning Commission held a public hearing on the repeal of the Rental Availability Ordinance and
related General Plan Housing Element Amendment at its May 21, 1996 meeting. After deliberation,
the Commission voted to recommend that the City Council approve a Negative Declaration of
environmental impact, adopt a General Plan Housing Element Amendment, and repeal the Rental
A vailabiIity Ordinance.
Therefore, Staff recommends that the City Council conduct a public hearing, deliberate, and: 1) adopt
the Resolution Approving a Negative Declaration and Adopting a General Plan Housing Element
Amendment (Exhibit A); 2) waive reading and introduce the Ordinance Repealing the Rental
A vail ability Ordinance (Exhibit B); and 3) schedule the Second Reading for the June 11, 1996 City
Council meeting.
g:\pa#\ 1996\960 19\srccS28.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADOPTING A NEGATIVE DECLARATION AND
APPROVING A GENERAL PLAN TEXT AMENDl\1ENT
REGARDING THE REPEAL OF THE RENTAL A V AILABILITY ORDINANCE
'''HEREAS, the City of Dublin Housing Element Section IILE., dictates that the City shall require a
percentage of units in large multi-family projects be rented for a specified period of time; and
WHEREAS, the related City of Dublin Housing Element Policy objective is to "Insure availability of
rental units in Dublin"; and
'''HEREAS, Chapter 8.04 of the Dublin Municipal Code, known as the Rental Availability
Ordinance, implements the above-cited General Plan Policy and Housing Strategy; and
WHEREAS, the City Council has considered survey information, attached to the staff report from the
May 28, 1996 City Council meeting, which indicates that the housing market is achieving the intent of the
above policy and Ordinance; and
'WHEREAS, the repeal of the Rental Availability Ordinance and amendment of the Housing Element
has been reviewed in accordance with the provisions of the California Environmental Quality Act; and
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'''HEREAS, the proposed Ordinance repeal and Housing Element amendment would not result in any
significant environmental impacts, and therefore a Negative Declaration was prepared for this project; and
WHEREAS, notice of 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 City of
Dublin Environmental Guidelines and the California Environmental Quality Act (CEQA); and
'''HEREAS, the Planning Commission held a public hearing on the Negative Declaration and the
repeal of said Ordinance and Housing Element amendment on May 21, 1996, for which proper notice was
given in accordance with California State Law; and
WHEREAS, a staff report was submitted for P A 96-019, the Rental Availability Ordinance repeal,
recommending that the Planning Commission recommend City Council adoption of a Negative Declaration,
amendment to the General Plan to delete Housing Element Section IILE., and repeal of the Rental Availability
Ordinance; and
WHEREAS, after considering all staff reports, recommendations, and written and oral testimony
submitted at the Public Hearing hereinabove set forth, the Planning Commission adopted a Resolution
recommending City Council approval of the Negative Declaration, amendment to the General Plan, and repeal
of the Rental Availability Ordinance; and
'VHEREAS, the City Council held a public hearing on the repeal of said Ordinance and deletion of
Housing Element Section III.E. on May 28, 1996, for which proper notice was given in accordance with
California Government Code; and
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EXHffiIT A
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\VHEREAS, a staff report was submitted for PA 96-019, the Rental Availability Ordinance repeal,
recommending the City Council's adoption of a Negative Declaration, amendment to the General Plan to
delete Housing Element Section III.E., and repeal of the Rental Availability Ordinance; and . .
\\'HEREAS, the City Council did hear and consider all said reports, recommendations and testimony
hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that
the repeal of the Rental Availability Ordinance is consistent with the stated purpose and objectives of the
City's Zoning Ordinance, Municipal Code, and General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve a Negative
Declaration and amends the General Plan to delete Housing Element Section III.E.
BE IT FURTHER RESOLVED THAT THE amendment of the General Plan shall be effective 30
days from the date of adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 28th day of May, 1996.
AYES:
NOES:
~i\BSENT:
.;,
Mayor
ATTEST:
City Clerk
g:\pa#\l 996\9601 9\ccreso.doc
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ORDINAI\CE :\0.
AN ORDINA!\CE OF THE CITY OF DUBLIN
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REPEALING CHAPTER 8.04 OF THE DUBLIN MUNICIPAL CODE
KNO\VN AS THE
RENTAL AVAILABILITY ORDINANCE
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 8.04 of the Dublin Municipal Code, known as the Rental Availability Ordinance,
requiring that a minimum of 10% 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, is hereby repealed.
Section 2. This ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three
(3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of
California.
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PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
DUBLIN on this 11 th day of June, 1996, by the following votes:
Ayes:
Noes:
Absent:
Abstain:
Mayor
Attest:
City Clerk
. g:\pa#\1996\pa960 19\ord\19960rd.doc
EXHIBIT B
DCBLI~ HOCSI:\G ELE~IE\'T
CHAPTER 6.3
GOALS, QUANTIFIED OBJECTIVES, POLICIES A!\'D HOUSI:'\G PROGR~l\I
STR-\ TEGY (III).(E). DESCRIPTION
6.3.(IlI).(E).
Require a percent:lge of units in large multi-family projects (i.e., projects \\'ith more than
10 units) be rented for a specified period of time. The difficulties of first-time home
buying make rental units the only affordable housing for many moderate income
households thm do not have the assets to make a do\\'n-payment on a home. Other
households may chose to rent for other reasons.
Policy Objective: Insure availability ofremal units of Dublin.
Action Needed: Require that a minimum of 10% of the units in large multi-family
pro.iects be maintained as rental units for a period of fi,'e years.
Financing: ~o cost 10 Cir)'
Implementmion
Responsibility: Planning Department, Planning Commission ,md City Council
Time Frame:
Ongoing implementation
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EXHIBIT C
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Chapter 8.04
RE~'TAL AVAILABILITY
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.
Deft niti 0 ns.
General rental unit
requirements for new
multifamily residential
deyelopments of more
than ten (10) units.
Relation of rental
availability ordinance to
inclusionaI')' housing
ordinance.
In-lieu rental fees.
Conflict of interest.
'~i olati on-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 S 1 (part))
8.04.020 Findings.
A goal of the ciry's adopted housing
element is lO 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 shol1age
of rental housing. The city's Housing Ele-
ment identifies a five-percent (5%) vacancy
rate as necessary lO pennit 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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444 a
8.04.010
housing is an imponant SOllice of affordable
housing since downpayment requirementS
and the high cost of new housing limit new
ownership housing as an affordable housing
SOllice. .AJso. some households choose to
rent for reasons other than affordability. The
City Council fmds 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
ciry's general plan, lO make available an
adequate supply of rental housing for per.
sons of all economic segmentS of the com-
munity. (Ord. 14-91 S 1 (pan))
8.04.030 Purpose.
The purpose of this chapter is to enhance
the public welfare and assllie 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 conuibutions lO a
non-profit association or cOiporation for
construction of rental housing, landbanking
(including property exchanges) and any
other mechanism available to the ciry 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
developable land is utilized in a manner
consistent with the city's housing policies
and needs, ~_citY_gec]ares that ten percent
(10%) of tl:1e toUil.?~D?~e~~f ~uruis" in-"all ,
new multifamily pr:gje_ctS o~,more than le.n
... -
(10) uniTS s~a11 be. maiDlained ~ !el1~ ~ru_' tS
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for a period of fi v::.- (5) years:-TI1e regula-
tions'-seCfo-ill1in this chapter shall apply
citywide, including the extended planning
areas. (Ord. 14-91 S 1 (part))
(DubiiJ> ... 9::')
EXHIBIT D
3.04.040
8.04.040 Definitions.
For the purposes of this chapter, cenain
words and phrases shall be interpreted as set
forth in this section unless it is apparent
from the context that a different meming is
intended.
"Applicant" means any person, firm,
pannership, association, jOint venture, cor-
poration, or any entity or combination of
entities which seeks city permits and ap-
provals for a project.
"Approval" means adoption of a resolu-
tion by the Planning Commission and/or
Ciry 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
~ontracts to administer this chapter.
"Dublin employee" means any single
person, head of household or, in the case of
mamed 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.
"Dublin resident" means 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
man six (6) months.
"Dwelling unit" means a dwelling de-
signed for occupancy by one (1) household.
"Household" means one (1) person living
alone, or two (2) or more persons sharing
residency whose income resources are avail-
able to meet the family's needs and who are
related by blood, mamage or operation of
law.
(Dublic 8-92)
444b
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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, finn,
pannership, association, joint venture, cor-
poration, or any entity or combination of
entities which holds fee title IO the land on
which the project is located..
"Rental unit" means a remal dwelling
unit as required by this chapter.
"Re-remal controls" means legal restric-
tions by which the availabiliry of remal
units will be monitored and controlled to
insure that the unit remains available for
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rent.
"~p.it type" means dwelling unitS with
similar floor area and number of bedrooms.
(Ord. 14-91 S 1 (part))
8,04.050 General rental unit
requirements for new
multifamily residential
developments of more
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 2:,O'J"eement to provide ten
percent (l 0%) of the total num ber 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. Tne
obligation 10 provide rental units may be
satisfied by the applicant's payment of in-
l}eu .:~nul fees,- as~j.n3~c~ -
8.12.070~pter 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 remal unitS ancl!or payment
of in-lieu rental fees.
2. Evidence of compliance with the
rental housing conditions shall be in the
form of a wrinen agreement between the_,
applicant and the City Manager completed
p~~ fin~[~p'~cu:on of tl:~.flISt d\l{elling
unit in the project The agreement shall
iiiClicate miDilrilberind construction sched-
uling of all rental unitS and any ot.her infor-
mation required by the City Manager to
determine the applicant's compliance with
the conditions. The agreement shall be
recorded as a deed resuiction prior to final
__~"'-"'"_, ~ . _ r _ ... .--.
inspection ortherust dwelling unit in the
,_ _ n ~_.___ ..~ __'~- ~~- ..--
project and shan run'V".jth the land encolTI-
passed by the pro5eci- for each phase until
the rental units have been occupied for a
Deriod of five (5) vears from the date of
... ~....-.----- '
fiDal occupancy of the last. unit in each
phase.
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8.04.050
C. Dublin residents will be given fJrst
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 ne:1f
Dublin residents or services; and fourth
preference will be gi ven to those who Ii ve
outside of Dublin.
D. ,.;.11 rental unitS in a project and phas-
es of a project shall be constructed concur-
remly with or prior to the consuucuon of
nonrental units.
E. All 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 nonrent:1l unitS in terms of
exterior appearance, materials and tinish
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 ~ity of rental unitS and
shall take such actions <lS necessary to noti-
fy the public of their availability. (Ord.14-
91 S 1 (part))
8.04.060 Relation of rental
availability ordinance to
inclusionar~y housing
ordinance.
The rental availability provisions of this
chapter are separate from the provisions of
the Inclusionar)' Housing Ordinance of the
city of Dublin. However, rental unitS re-
444c
(Dubii~ &-s:)
3.04.060
quired under the rent3.l availability ordi-
nance codified in this chapter may also be
counted lO 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 S 1 (part))
8.04.070 In-lieu rental fees.
A. Subject to approval by the approving
authority, an applicant may <;pntribure a fee
.IE-lieu of p~viding a remaLunE- Such fee
shall be known as the "in-lieu rental fee."
B. The amount oithe in-lieu rental fee
.. -----....
for a project-5h-all be detennined by resolu-
tion by the City Council at least everY two
"... -.--------+--...--.------....."
(~. The methodology for the determi-
nation of the fiat in-Jjeu rental fee is shown
in Anachmem 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-Jieu rental
fee shall be increased annually by an
amount equal to the rental rate increase
used by the City Council in detennining me
current in-lieu rental fee.
e. The entire in-lieu rental fee shall be
-------.~. -~-_...--
paid no later than at the ti~~of the final
inspection of the fIrst dwelling unitlnthe
------- . _......_----~.--+-~.~._......-
projecL
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 fonh herei n.
E. All moneys in the Fund, together
with any interest earning on such moneys
less reasonable adminisrrative charges, shall
be used by the City j\1anager for the pur-
~
pose of providing rental housing in the city
~ ~~-~.-...----
of bu.b1i.n.rh.rough land acquisition, land or
----~ .. -..- ...-....---..----... -
lDubij~ g.92)
444d
rental writedowns, construction of rentaJ
' - -~-------- -~-
housing, rental assistance, direct contribu-
tions to a nonprofit association or corpora-
tion for construction of remal housing,
landbanking (including propeny exchanges),
and any other mechanism available to the
city to provide rental housing.
F. The moneys in the Fund Shal.l be
used or commined to use for the purposes
----- ~
set fonh in subsection E of this section
within seveQ..(7)......x.ears.....of the dme of pay-
menr}nt~ the Fund. ..'\ny moneys remaining
unexpended or uncommined 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 2Ssociation or the
corporation for the pwpose of providing
rental housing in Dublin, at the option of
the City Council.
G. No later than June 30th of each ye3r,
the City Manager shall prepare a repon for
the City Council identifying the balance of
moneys in the Fund and the remal housing
provided, and any moneys committed [0
providing rent3.l housing. The annual repol1
shall also include a review of administrative
charges. The City Council shall receive and
consider the report. (Ord. 14-91 ~ 1 (pan))
8.04.080 Conflict of interest.
Following are those individuals who, by
virrue of their position or relationship, are
found to be ineligible to rem a unit under
this chapter as their residence:
A. AJI employees and officials of the
ciry 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 (pan))
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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 oftills 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, not\vithstanding
any other provisions of this code, any such
violation constiruting a misdemeanor under
this chapter may, in the discretion of the
enforcing authority, be charged and prose-
cuted as an infraction.
B. ,A,ny 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))
.
8.04.100 Enforcement.
A. The provisions of this chapter shall
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444e
S.~.()90
apply to all agents, successors and assigns
of an applicant. No building permit or oc:u-
pancy permit shall be issued. nor any devel-
opment approval be granted which does not
meet the requirements of this chapter.
B. The Ciry Manager is designated as
the enforcing authority.
C. The ciry may instinne 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 (pan))
8.04.110 Appeals.
Any person aggrieved by any action
involving denial, suspension or revocation
of an occupancy or other permit, or derJaJ.
suspension or revocation of any develop-
ment approval, may appeaJ such action or
determination in the manner provided in
Section 1.04.050 of the Municipal Code.
(Ord. 14-91 S 1 (part))
(Dubli~ >- ,:)
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.~.Tr:..:._C.~:-:S:\; 1
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T~e me~~odology ~or determin~r3 :he ~~-lieu re~tal fees shall be as
f0110',.:5 :
T~e amoun~ of the in-lie~ rental fees for a project shall be
calcuJ.a ted by fiYJ.l tiplying the require:l number of rental uni ts by the aIT:ount
~ecessary to s~~sidize the ren~al of ~ three bedroom market rate apart~ent
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
amount or the in-lieu rental fee will be determined using the following
table. (The numbers in the table ~=e illustrative, the market rent, Co~nty
Median Income and rental increase rate in the table will be .those in effect
at the time of approval of t~e ~roject);
Family;, of Five. Alameda Co\..:.:-:.:.y 1'1edi an Income of $46,850.
?ercer.:. 11arke t Affordable Differe:1ce 12 1'105. 5yrs The value
of Rent Rent of the
!,~ e di an first
Ir:C017le year's
rent plus
4 vears
-..... 5%
C-L..
yearly
adjust-
ment for .'..
rent
increases
80% $1,100 $937 $163 $1 Q~; $9,780 ~10,808
,...='O
The value of the first year of rent plus four years at 5% yearly
adj~5tment fo= rent increase is calculated by adjusting the base or $1,956
in this example annually for a period of four years at a compounded e.nr,ual
rate of 5% and adding that a:~Gunt to the first year's rent. The 5% is
based on a survey of rental incre25=S in Dublin in July 1991. Typice.l
rental increases will vary over ti~e.
Market rent will be determined by the city Manager. The apartment
units used for determination of co~?arative market rental cost must be
located in the Tri-valley area (Dublin, San Ramon, Livermore and
?leasanton) and be comparable in size, age and amenities to the units tha~
wo~:j otherwise be sold. ~~ pre?aring the market re~t comparisons, first
co~sideration will be paid ~~ rental projec~s ~n Dublin, then to those in
Se.::: ~amon, Li\'ermore and. Plfa5.::.n.tc.i.
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_ ~4~
. r.O:
~e. l~-li.e ren:el fee ~i11 b. ..ncr.esed ennually durin; the y..r.
oc.. city coencil CO.S nC~ det.r,.,ine en ie-lieu ree.:e1 fe. by ee, ec.ount
o~uel :0 the r.e:al rete incr..s. u..d 2j the city Co~ncil in cet.r~inie;
]2 c~rren~ in-~ieu rental fee. Fer ex~~?le:
r
--
..,-'
=.
,,.:.
.~
.
In-lieu rental fee: SlO,803
_ R e :-: :. a 1 r c. t e in ere 2. 5 t:: . 5 ~
Increased in-lieu r.ntal fe.' 510,808 x 1.05 - 511,3~8
.
.
IhsTlgordd
-8-
- II~,L: 96 15:lfi
'lS.511J)G6'7lfl~
E..:.rnL.-\.\ S, BRO:H)
KAU F MAN 6 BROAD
February 12, 1996
Ms. Jeri Ram
Senior Planner
City of Dublin
] 00 Civic Plaza
Dublin, CA 94568
VI A TEtE-COPY r.:::] 0) R33-6628 ..!IJ'JD [l,S. MATT,
Re: Rental Availability Ordinance (Chapter 8.04)
Dear .I eri:
~ nUl
.~
As you may know, the CiTY'S Remal Housing Ordinance was discussed at a recent stUdy
session with the Dublin City Counc.il and Planning Commission. I provided the Counc.il
and Cornl11i.!>sion with a study prepared by Anthony HW1 & Associates whit;h provided
evidence rhat attached housing tends to provide approximately 30%) renmls, and that this
Ordinance is unDeces.!>ary is l11eet the City's ::;Lated goal of pl'O\iding 10% rentals in multi- .
family projects. . . .
Therefore, pIe-.ase consider this letter an application Lo 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 likc this matter set for the Planning Commission agenda as soon
as possible.
Fina11y, attached is a letter [rom our attorney .which provides legal authority for amending
conditions even though the subdivi.!>io11 map has already been approved and l'eCl1rded.
Thank YOll fOT your assistance.
Sincerely:.
K.A.1JEM.A.N AND BRO.-\D or NORTHERN CALlFOR..l\lIA. INC.
~./~
Man Koon
Vice President - Land Acquisitions
cc: Rich Ambrose (w/o cncl.)
Dave Lanfel1llaD (w/o encl.)
Larry Tong (w/o encl.)
[: \1'01'4 \ worddocs\donlan \ram 4
RECEIVE.:;
reB i 2 1995
OUWN Pf.A.f..tNl N.:;
.
EXHIBIT E
.
."
.
CITY OF DlJ-:BLIN
l\1El\10 RA..1\:-o lJl\1
TO:
City Council Members
~eilnis Carrington, Senior Planner
FROM:
DATE:
April 4, 1996
RE:
Rental Occupancy in Condominium Projects
The City Council requested at its March 26, 1996, Public Hearing on the reduction
oT Rental Availability In-Lieu Rental Fee amount, that information be provided on rental
occupancies in condominium projects at the April 9, public hearing. Anached is a letter to
Mr. fViatt Koart of Kaufman and Broad from Anthony Hurt dated January 31, 1996, which
addresses this concern. Mr. Hurt concluded that rental occupancy in condominium
projects generaliy ranges from twenty-five to thirty-five percent with the overall average
at thirty percent. He expects rental occupancy to be about thirty percent in the Kaufman
and Broad condominiums in Dublin. This level of rental occupancy is expected to occur
within about five years after sell-out of the project.
g:p95006mem1
EXHIBIT F
.A..Dthony. "Hu'rt
&. l..SSOCIATES
) /4 V3.ldi\'iz.'
S<ln RZL"TlOn, Califom~ _ '"
(5J 0) 83(1.5070
]a:nuary 31, 1996
M.r. I.fa tt Koart
Director oJ Fon....ard Planning
r..aufm211 & Rroad
3130 UOI',' Canyon Place, Suite 300
San Ramon, CA. 94583
Subject: Rental Occupancy In Condominium ProjecTs
Dear Mr. Kom,
As requested, we have resec.Lrche::d the q llcstion of what proportion Df
condom..i..n1um units are occupied by renTers. The objecTIve is to forecasT
rent21 occupancy in the condomin.ium project being planned for
development in Dublin.
Our research has induded Identit..eying condominium projects in the
Dublin-Pleasanton-San. Ramon aJ:'ca, contacting several condominium .,.,
management companies and ta.'\: record reseill"ch by First A.Incrican Title "
Comp<my. This lener summurlz;cs OUI fi!'1dingS.
Property Management Companies
We contacted four property management companies \\'ho are active
in central Contra Costa County and the:: Trl-Valley .4.rea. They supp1ied
information on nvenry-five projects in the a1'ea from Martinez to
Plcasanton..
We: should point out that p:roperry managers gent:rally do not '\\--ant
details about iheir finances or occupancy made public. At OUI request, they
agreed to supply information about the pc-rccnt of units occupied by
renters on the condition that their spedfi c project not be identified..
Accordingly. the data presented in the tab1e whJch follows 5s summarized
by area to avoid revealing individual rrtoje-ct lnfoIDlauon.
~
In all, the twenty-fivE' projects r...ave a total of 3.040 units. T.nirty-one
"percenT of these units arc: occupied by renters. Tnduded are ten projeCTS in
San Ramon, Dublin and Pleasanton. The.~e ten projects have 1.174 tOTal
units of which 388 (33~) are occupied by renters.
.'
Z[J(J lP
Q"'r'OCl8 ~ .~-lT...:!n':-"'V
;::6T2.9~~'(JH;:2-
2.0:2.1 ~6!tO/tO
"
Rental Occupancy In Condominiu;:o ?rojects
.
Area
Concord/Pleas. I-:lill/Mutinez
'Walnut Creek/DanvHle
S. RamonlDublin/pleasanton
Total
No. of
Pr01ects
8
TOld
Dnits
1, 1 08
1 758
10 1,174
2:5 3,040
Occupied :By:
O"'lleI Ren t er
723 38:;
596 162
786 388
2,105 03"
PerccDt
Ren Tc:d
33%
21%
33%
31%
Public Information (Assessor's Records)
We: identified e1ghl projects in Dublin and Siln Ramon. The map
locations of These projects were transmined to First American Tille:
Company. First A.merlcan rescllTched the tax rccords and identified units
where the address for the: O\'1'ner is Different from the address of the unit.
These units are usut'Jly occuDied by renters and the tax bill is sent to the
O\'i'D.C::I at a different address,i USing tbis data, we have estimated rental
occupancy in the ctght projects. As shovy""ll below, rental occupancy ranges
from twenty.nyo to thirty-three percent with an overall average of h'l'enry-
cigh t percent.
Dublin/San Ramon Condominiums
Total Occupied Ey: Percent
Pro,iect Ow Un1Ts Owner Renter Rented
. Silverga te Dublin 126 90 ...,~ 29%
,:,0
The Vintners San Ramon 1G5 112 53 32%
Mansions San Ramon 108 77 31 29%
The Gardens San Ramon 123 S7 36 29%
Heritage San Ramon 104 81 23 22%
Fountainhead San Ramon 79 53 ,_ 26 33%
Cobblestone San RBmon lG9 l?.... 42 25%
__I
Twin Creeks San Ramon 96 67 29 30%
Total 970 GOII 276 28%
~";l::
Conclusion
. 'Rental occupancy.in condominium projects generally ranges from
mTellry-five 10 thirty-five percent "WiTh the overall average at thirty percent.
Accordingly, we would expect rentul occupancy to be about thirty percenT in
the Kamman & Broad condol11i.niums in Dublin. This level of rental
1 Tnen: a..'"'t some e.xcep;:ioD.s where me ta.'\.: bill is sent to a different address even
ihou.gh the orv.ner occupie.<:; the unit. Howe\.'cr, these exce.ptions wC' probably oifsc!
b;: instances where the mx bill is sen.t to the unit even though it is occupied by a
renter. It is not uncommon ior :-enters to receive the. bills and fo;rt\.'al"d them to
ovme".,-s who live :lD. oilier areas of t:be CDU!ltry or overseas.
.
2
Anthony H.
.0.: I.SSDCli.:
-_U'-tO(l IE
tTi(l':'':', ~ k-..T'2:")"'~
~ fT.!. ~Pf.'{nS:2-
~'(l:.i.T 86/1"(1/1"0
"
ucc:.;.pancy can be e..),.:pected to occur ..,.....-;thin 2bout five years 2.fter seD-ouT uf
the p:ojecr. 'We appi€:clate the o:;Jporrunity to \'\'orl. with yuu on this .
ass1gn.menT and are prepared to respond to commems ?..Dd questions 2.5
needed.
/7~
~HS~
.'
"
;,
.
3
Anthony
i. ASSD ~
rnn iF:
Q"FI)H5 'r .~~TdnY}I
<: 61 2. fl flb' n H.:2.
60 :2.1
fl6/tO/to
.
.
.
I;
il
CITY OF DlTBLIN
I\1El\1 0 RA~" 1) lJ1\1
'.:'J:
?i chE..~d ..;~:''''~5e, Ci ~\~ r<a.:-::a?-==
?:W~:
~
.' \
~""'.;s
C=-:-~i:"1?"C.O:-l,
5e::i .:)::""
::::-1:::."I"'""\":'i~"""
- --.......-..-........-
....,z.'""';'.
~--- -""
]-'.o;r i 1
- J
... ..........".
~:::::~
\/acancy ;;:a ::=5
_~~ vt:: :'::4.\.~-=stisa'"Ced :.:-_::-ee co~~arr.':":1i;,lnl dey.~lDpme:::.s "'l -: ~~~;:,li~
I:';il \.e=:.::-e~,
'::':::-:)0:::-
C:::-eek
.. -- .
2.::::' ::.e::-.::..'t.age
Camma:::s)
=':1:5
~e '[ e :-rr~.i:::e d
E..:-2
~ -\.~e:::-a2':::
.....-
'-.:..
-. .
L_"f
of
the "\..:.n.l::'s have
~~ei= prDpEr~)7 ~ax ~i2l5 mal~e= ~o
This
I:'9'"u:-e
5110.;110
,.................,...........~l--~
I"...o~__ __Ci.,-_
- .
..:. 0::::='::':' o:;.s
o::.:::e:::- than :.he
itself
",,'e 21
2::'% ::-ental
c......
:3.eveloome:::.::.s.
Tl1e
5::....1:::.\;
:. ~ a
02=U.?~:-lc:};r ;:,.-a't.e
::.nese
:;;re:;:-areG. by ?...::::.hony :i:..:::-t a:":l:5. _!:.ssocia-::.es dated Janua:.-y 31 J 1996 J
fa:.-
2e::.e::-~i:::.ed by this method :.hat
the
:.-e::tal
OCC"J.:?ancy
...,..--....t=;I
_c,,-_
average
::::...._~~
..,L-c:..:...J...
The
s~r\re\:-
:::.ne 6eveloomenr.s
in D~lin and San ?amon was
?>::~
_ "-" 0 .
-\ie::- 2.::::.-es
~na:'
the
s:-.udy is
?he
ciffe::-ence ~etwe=n
-"' .
L~"'C
:3:ur::.
ac::u::-=.::.e.
=.n:3. 22% cou.ld sasily be eJ':olained by :-.he smaller sam:;:le of
::l-e-."e..:. OOiile::-::'S s'..::.-veyed ;:,v 5::aff
J:._ s";.1mT'i,a=:-y of rent.al occ'..lpancy :.-=.:.e5 ::o=:- t.:1ese oeve...:.cy:)ments
s"..:.::-veve:5 ~y
Q-:--=: -:=7
-.....---
::0110\>.'5 :
~e'.'el D:;>ment
Dni ts 'TIo-::' occ:l::Jied by O.....":1er
'Tor.al U::i:.s
?e::--::e:::t.
- '",
.::;~~ -,7e:=:.:-ee
12
~2
')R
]..--.::-~:::.- C:--ee}:
r'
540
2:';
~e=~~a~e C3m~=~S
-~
/~
l2
:-:)-:. al
f2
..l.~;
2::'
::::5.:::ie ?ea::>C)5}i
:: ::;:.a..9'; - D C'5merr.2