HomeMy WebLinkAboutItem 6.2 RentalAvailOrdRepeal (2)
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CITY CLERK
File # D~~[Q]..(g][Q]
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AGENDA STATEMENT ,
CITY COUNCil, MEETING DATE: June 1,1, 1996
PUBLIC HEARING PA 96..019 Rental Availability Ordinance
Repeal . .A '
(Report Prepared by: Tasha Husto~ ASsociate Planner) j~
SUBJECT:
EXHIBITS ATTACHED:
A.
B.
RECOMMENDATION:
1.)
2)
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FINANCIAL STATEMENT:
None
DESCRIPTION:
Resolution Approving Negative Declaration, and adopting
General Plan Amendment
Ordinance Repealing Chapter 8.04 of the Dublin Municipal
Code (Rental Availability Ordinance)
Open continued Public Hearing and hear Staff presentation.
Take public testimony.
Question Staff and the public.
Close public hearing and deliberate. '
Adopt Resolution (Exhibit A) Approving J';legative
DeClaration and adopting General PJan Amendment
Adopt Ordinance repealing the Rental Availability Ordinance
(Exhibit B).
Chapter 8.04 of the Dublin Municipal Code, known as the Rental Availability Ordinance, was established
to implement one of the City's General Plan Policies regarding the provision of rental housing in the City.
The, purpose of the Rental Availability Ordinance is to require that 'I 0% of the total number of units in all
new multifamily projects ~fmore than ten units be maintained as rental units for a,period offive years.
At the March 12, 199q City Council meeting, information was presented regarding the City's current rental
housing situation. 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. The repeal of this Ordinance will ,also require an amendment to the Housing
Element of the Dublin General Plan, to maintain consistency. '
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,
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the Commission voted to recommend that the City Council approve a Negative Declaration of
environn'lental impact, adopt a General Plan Housing Element Amendment, and repeal the Rental
Availability Ordinance.
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, COPIES TO: In-Ho~se Distribution
. ITEMNO.~
The City Council considered the Rental Availability Ordinance repeal at its May 28, 1996 meeting. <~" _(,
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Following a public hearing and discussion, the Council voted in favor of proceeding with the repeal of the
Ordinance. Th~ repealing Ordinance was introduced, and continued to th,e June 11, 1996 City Council
meeting. A City Council Resolution approving a Negative Declaration for the Ordinance, and adopting a .
General Plan Housing Element Amendment, has also been prepared. .
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 second reading and adopt the Ordinance Repealing Chapter 8.04 of the Dublin
Municipal Code, the Rental Availability Ordinance (Exhibit B).
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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 AMENDMENT
REGARDING THE REPEAL OF THE RENTAL A V AILABILITY ORDINANCE
WHEREAS, the City of Dublin Housing Element Section III.E., 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
WHEREAS, 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
WHEREAS, 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
WHEREAS, 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 III.E., 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
WHEREAS, the City Council held a public hearing on the repeal of said Ordinance and deletion of
Housing Element Section Ill.E. on May 28, 1996, for which proper notice was given in accordance with
California Government Code; and
EXHffiIT A
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WHEREAS, a staff report was submitted for P A 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 lII.E., and repeal of the Rental Availability Ordinance; and
. WHh E~AbS, the CJty hCouncil did hear and consider all said reports, recommendations and ..
testImony ereIna ove set lort .
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 UI.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 11 th day of June, 1996.
AYES:
NOES:
ABSENT:
ABST AIN:
Mayor
ATTEST:
.:-
City Clerk
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
* * * * * * * * *
REPEALING CHAPTER 8.04 OF THE DUBLIN MUNICIPAL CODE
KNOWN AS THE RENTAL A V AILABILITY ORDINANCE
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
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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 projects of more than
ten units be maintained as rental units for a period offive 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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Dublin on this 11th
day of June, 1996, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g: Ipa# 11996lpa960 191ord11996ord. doc
K2/6-11-96/ord-rent. doc
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Exhibit B