HomeMy WebLinkAboutItem 8.2 Kaufman&Broad/ZnOrdFeeCalc (2)
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CITY CLERK
File # D~(5][{i]-[gJ[{i]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 21,1997
SUBJECT:
EXHIBITS ATTACHED:
RECOMMENDATION:
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FINANCIAL STATEMENT:
PA 95-048, Kaufman and Broad request for interpretation of the
Inclusionary Zoning Ordinance Fee Calculations and Timing of
Payments
(Report Prepared by: Dennis Carrington, Sr. Planner)
Exhibit A: Letter from Kaufman and Broad dated November 27,
1996
Exhibit B: Letter from City of Dublin to Kaufman and Broad dated
November 22, 1996
Exhibit C: Inclusionary Zoning Ordinance
Exhibit D: Excerpt from Development Agreement for California
Creekside.
1) Receive staff presentation
2) Take testimony from Kaufman and Broad and public
3) Direct staff to prepare modifications to existing Ordinance:
Option A - To allow payment at the time of building permit
and to calculate fees based on total square footage
of the structure (building and garage) - Staff's
Recommendation
Option B - To allow payment at the time of building permit
based on just building square footage (exclude
garages) - K & B's request; or
Option C - Reaffirm existing Ordinance to collect payments
before issuance of the first building permit based on
total square footage of the structure - Present
Ordinance
4) Instruct staff to bring back to the City Council modifications, if
necessary, to the Ordinance.
Option A - No loss of revenue, different collection
Option B - 25%:t loss of revenue
Option C - No loss of revenue
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COPIES TO:
Matt Koart
In House Distribution
ITEMNO.~
DESCRIPTION:
The City Council approved the Planned Development and Development Agreement for P A 95-048,
California Creekside, on May 28, 1996. Exhibit "B" of the Development Agreement (see Exhibit D)
states that "the project will be subject to the proposed Inclusionary Zoning Ordinance provided that the .':
Developer shall have the right in-lieu of providing the required percentage of affordable units required by
such ordinance to pay a fee in the amounts set forth by the Ordinance, and provided further that the In-
Lieu Fee for the project shall not exceed $1.00 per square foot for single-family detached homes and $.75
__ per square foot for attached homes."
Staff sent a letter to Kaufman and Broad of Northern California, Inc. dated November 22, 1996, (see
Exhibit B) which stated the amount of the In-Lieu Fee. The In-Lieu Fee for the development based on the
entire square footage of each residence (including garages) would be $541,102.00. The Ordinance
requires that 5% of a proj ect' s dwelling units be affordable to Very Low (2%), Low (2%) and Moderate
(1 %) income households. Since Kaufman and Broad is not providing housing for the Very Low and Low
Income categories (11 out of 14 required units), 80% of the housing required by the City will not be
provided. As such the fee would be 80% of$541,102.00, or $432,881.60. The letter further stated that
the Ordinance requires that In-Lieu Fees be paid prior to the issuance of the first building permit for the
project. As such, the fee is due and payable at this time.
Kaufman and Broad sent a letter to Staff dated November 27, 1996, (see Exhibit A) requesting that two
issues of interpretation be brought before the City Council for resolution. The two issues are:
1. The calculation of the In-Lieu Fee; and
2.
The timing of the In-Lieu Fee payment.
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ANALYSIS
A. Calculation of the In-Lieu Fee.
Kaufman and Broad state in their letter that "While no precise definition is provided in the Inclusionary
Zoning Ordinance for the term "unit size", it has been our assumption that Dublin would utilize standards
that have been commonly applied by municipalities and school districts. These standards utilized square
footage of the living space and omit square footage of the garages for the calculation of impact fees. The
exclusion of garage space is founded on the fact that garage space does not create impact." The letter goes
on to state that "It should be noted that the school impact fees for East Dublin are based on a square
footage basis, utilizing living space and omitting garage space. All of the other Dublin impact fees are
assessed on a per unit basis."
Staff responds that the assertions are not true. The Ordinance uses the term "developments" rather than
"unit size" and does not specifically exclude garages from the calculation. Further, Building Permit fees
are based on the entire square footage of residences, including garages; and Fire Impact Fees are based on
the entire square footage of multiple family residences (single family residences are charged per unit). It
is true that School District fees are based on accessible space only. Accessible space is defined as all of
the square footage within the perimeter of a residential structure, not including any carport, walkway,
garage, overhang, patio, enclosed patio, or detached accessory structure. Staff understands that school
districts are concerned about living areas and the students they generate and that they are not concerned
about garage space. It should be pointed out that garage square footage should be very important to the
City due to the fact that any affordable housing the City builds with the In-Lieu fees will have to include
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either a garage or a carport for two vehicles. For example, of the $432,881.60 In-Lieu Fee for this project,
$1.02,865.00 is attributable to garages. If garages are not included in the calculation of the fee, and
parking must be provided for affordable units, fewer affordable housing units will be provided because
less money will have been collected. If this occurs, it will be more difficult to provide housing affordable
to all income categories as required by the Housing Element of the General Plan.
Staff wishes to point out that a brief survey of other jurisdictions showed that the Cities of Los Gatos, San
Francisco, Santa Monica and Watsonville all charge In-Lieu Fees based on the total square footage of the
building.
Staff recommends that the City Council determine that the In-Lieu Fee be based on the entire square
footage of the residence, including the garage.
B. The timing of the In-Lieu Fee payment.
Kaufman and Broad state in their letter that the requirement that the In-Lieu Fee be paid prior to the
issuance of the first building permit for the project is "...excessive in that it requires that large sums of
money be paid long before the houses are constructed and the corresponding impact occurs. The early
payment of the In-Lieu Fee will also cause incorrect fee calculations, since the mix of house plan types is
usually revised over the course of the project build out, resulting in a change in the total square footage of
dwellings in the development."
Staff responds that the requirement for the payment of the entire In-Lieu Fee prior to the issuance of the
first building permit is easier to administer and would provide funds for affordable housing in a more
timely manner. However, Staff also recognizes that developers do not wish to pay fees any earlier than
necessary, that changes in the mix of house plan types usually occur, and that all other fees are collected at
the time of building permit rather than at Final Map. Staff is in agreement that this should be changed. If
the Council wishes to direct that fees be collected at the time of issuance of a Building Permit, it must
direct that the Inclusionary Zoning Ordinance be amended.
Staff recommends that the City Council direct that fees be collected for each residence at the time of
issuance of each Building Permit, and that it direct Staff to amend the Inclusionary Zoning Ordinance.
AFFORDABLE HOUSING AGREEMENT:
The Affordable Housing Agreement required by the Inclusionary Zoning Ordinance relies on the
interpretation by the City Council being requested by Kaufman and Broad because it addresses the In-
Lieu Fee and timing of payment of the fee. When the City Council has made its interpretation, Staffwill
prepare the Affordable Housing Agreement and bring it before the City Council for consideration.
FISCAL ANALYSIS:
As stated above, if the City is to provide housing that is affordable to all income categories as required by
the Housing Element of the General Plan, sufficient funds must be collected to provide the housing,
including parking facilities. Fewer affordable housing units will be provided if insufficient funds are
collected due to not charging for garages.
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RECOMMENDATION:
1. Staff recommends that the City Council determine that the In-Lieu Fee be based on the entire
square footage of the residence, including the garage.
2. Staff recommends that the City Council direct that fees be collected for each residence at the time .,.,
of issuance of each Building Permit, and that it direct Staff to amend the Inclusionary Zoning Ordinance.
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KAUFMAN~BROAD
. November 27,1996
Eddie Peabody
City of Dublin
100 Civic Plaza
Dublin, CA 94566
Regarding: Inclusionat)' Zoning Ordinance
Dear Eddie:
With the start of construction of the California Creekside Subdivision, the need to finalize
an Affordable Housing Agreement has come to the forefront.
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In the process of formulating the California Creekside Affordable Housing Agreement we
have had discussions with your staff recently over certain definitions contained in the
Inclusionary Zoning Ordinance. A..s a result of those discussions there are two issues of
interpretation that we request be brought before the City Council for resolution. The two
issues are as follows:
1. CALCULATION OF IN-LlEU FEE:
The Inclusionary Zoning Ordinance states that the In-Lieu Fee shall be "based
upon a charge of$.75 cents per square foot for muti-family (attached unit)
developments, and $l.00 per square foot for single family (detached unit)
developments", and that the Fee "will be calculated for the average unit size, in
square feet, for the total number of units in the project."
~T'nile no precise definition is provided in the Inc1usionary Zoning Ordinance for
the term "unit size", it has been our assumption that Dublin would utilize standards
that have been commonly applied by municipalities and school districts. These
standards utilize square footage or the living space and omit square footage of the
garages for the calculation of impact fees. The exclusion of garage space is
rounded on the fact that garage space does not create impact.
It should be noted that the school impact fees for East Dublin are based on a
square footage basis, utilizing living space and omitting garage space. All of the
other Dublin impact fees are assessed on a per unit basis.
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Your staff has recently informed us that their intent is to include the garage square
footage in the In-Lieu Fee calculation. We ask that this issue be brought before
the City Council for review of the definition of "unit size".
EXHIBITA
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KAUFMAN AND tROAD OF NOF.THIRN CALIFOI:.t-:lA. INC.
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Eddie Peabody
November 27, 1996
Page 2
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2. TTh1ING OF IN-LIEU FEE PAYMENT:
The Inclusionary Zoning Ordinance states that the In-Lieu Fee "must be paid prior
to issuance of the first building permit for the project" . This requirement is
excessive in that it requires that large sums of money be paid long before the
houses are constructed and the corresponding impact occurs. The early payment
ortne In-Lieu Fee will also cause incorrect fee calculations, since the mix of house
plan types usually is revised over the course of the project build out, resulting in a
change in the total square footage of dwellings in the development.
We ask that the City Council review this provision in the Inclusionary Zoning
Ordinance and consider revising the Ordinance to allow for payment of In-Lieu
Fees on a lot by lot basis as the Certificates of Occupancy are issued. This revision
would increase the accuracy of the fee calculation and would bring the timing of
the In-Lieu Fee payment into conformance with payment of other fees, such as the
Public Facilities Fee.
Please schedule these items for the earliest possible City Council agenda. If you should
have any questions, please call.
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Sincerely,
A,^, &1t OF NORTHERN CALIFORNIA, INC.
Stephen M Hicks
Forward Planner
cc: Matt Koart
Pat Cashman
Stuart Cook
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CITY OF DUBLIN
20, Box 2340. Du!Jiin, Ca!ibrnia 94563 · City Offices. 100 CiVIC Plaza. Dublin. California 94568
November 22, 1996
Mr. Matt Koart
Kaufman and Broad
3130 Crow Canyon Place, Suite 300
San Ramon, CA 94583
RE: PA 95-048 - C9-lifornia Creekside affordable housing In-Lieu fee.
Dear Matt:
The purpose of this letter is to inform you of the requirement for an Affordable Housing
Agreement, and the amount of the affordable housing In-Lieu fee, for your project.
The Inclusionary Zoning Ordinance requires that an Affordable Housing Agreement be entered
into by the City and the Project Owner. The agreement must record the method and the terms by
which a Project O\vner shall comply with the Ordinance. Where a map is being processed, the
agreement must take place prior to final map approval. The agreement therefore must be agreed to and
signed as soon as possible. A draft agreement is being prepared by the City Attorney and v-~ll be
available for review after the Thanksgiving holiday.
The Inclusionary Zoning Ordinance requires that the In-Lieu fee be based upon a charge of $. 75
cenTS per square root for multi-family developments, and $1.00 per square foot for single family
developments. Garages are included in the calculation of the In-Lieu fee because the Ordinance uses
the term "developments" and does not specifically exclude garages from the calculation. Based on the
numbers of units and their square footages, an In-Lieu fee of$432,881.60 has been determined. Your
firm has submitted two checks in partial payment of1;Q"e fee for a total of $11 ,~3 3.2.5: _The net aI1?gy,pt
of the In-Lieu fee that is owed is therefore $421,348.35.
The attached spreadsheet shows how the fee is calculated. The square footage of each type of
unit is multiplied by the appropriate amount per square foot to determine the fee per unit. This amount
is multiplied times the number of each type of unit to be built. The totals for each type of unit are then
summed to determine the total In-Lieu fee. The fee that would be charged ifno Inc1usionary Units are
provided is $541,102.00. Since your development meets 20% of the requirement for Inclusionary
UniTS through the provision of units that are "Affordable by Design" to the Moderate Income category,
the In-Lieu fee is reduced by 20% to $432,881.60.
The Ordinance requires that the In-Lieu fees be paid prior to the issuance of the first building
permit for the project. As such, although the Affordable Housing Agreement has not yet been
finalized, the fee is due and payable at this time. No further building permits than the nine multi-
family and fourteen single family units already issued 'will be issued until the fee is paid.
If you have any questions please contact me at 833-6610.
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Sincerely yours,
/D~ ')d ar\,~
Dennis H. Car:in!rton. AJ CP U
Senior PlannerlZ;rnng Adminisrrator
PA95-048File EXHIBit,. 6
Richard Ambrose .J
Eddie Peabody
:"::71ir.EaMbR~~33-6650 . City Courd (510) 833-6605 . riroance (510) 833.5640 . Building Inspection (510) 833-6520
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1-.""1' ("0"""" ,.,.....":1f1 . O~r'l....c ^' rl'"'lmml,nitv Servi::es (510) B33-66~5
Sheet1
INCLUSIONARY ZONING ORDINANCE IN-LIEU :FEE FOR
KAUr:MAN AND BROAD CALIFORNIA CREEKSIDE PROJECT
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FEE IF NO INCLUSIONARY UNITS ARE PROVIDED I i
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CALlr:ORNIA CREEKSIDE I I i i
TYP= OF UNIT ,SQ. FT ;COST PER !IN-L1EU FEE INO. iTOTAL IN-
I : RESIDENCE: SQ. FT. iRESIDENCE iUNITS :L1EU FEE
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11 I 1,807/ $1,00 I $1,807.00 I 301 $54,210.00
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2: I 2,178/ $1.00 1 $2,178,00 I 441 $95,832.00
31 L 2,5481 $1.00 I $2,548.00 I 431 $109,564.00
41 i 2,8021 $1.00 I $2,802,00 I 371 $103,674.00
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TOTAL i I I I I 1541 $363,280,00
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AVERAGE FEE , I I ! 1 $2,358.96
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CALlrORNIA BROOKSIDE ! I I I
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TYP::: OF UNIT :SQ. FT iCOST PER IIN-L1EU FEE iNO. iTOTAL IN-
, :RESIDENCE;SQ. FT. iRESIDENCE iUNITS ~L1EU FEE
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11 i 1,652/ $0.75 I $1,239.00 I 291 $35,931.00
21 I 1,8501 $0.75 I $1,387.50 I 42: $58,275.00
3! , 2,1441 $0.75 1 $1,608.00 I 52! $83,616.00
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TOIAL ! i I I 1231 $177,822.00
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GR-\ND TOTAL i I i 277 i $541,102.00
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AVERAGE FEE i i I i ! $1,445.71
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FEE F MODERATE INCOME INCLUSIONARY UNITS ARE PROVIDED
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TYPE OF UNIT [SQ. FT ICOST PER IIN-L1EU FEE INO. jTOTAL IN-
, JRESIDENCEISQ. FT. iRESI~CE !UNITS [LIEU FEE
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11 I 1,8071 $0.80 I $1,445.60 I 301 $43,368.00
2i I 2,1781 $0.80 I $1,742.40 I 44/ $76,665.60
31 I 2,5481 $0.80 I S2,038.40 ! 431 S87,651.20
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41 I 2,8021 $0.80 I $2,241.60 I 371 $82,939.20
TOTAL I I I I I 154/ S290,624.00
AVERAGE FEE I i I ! i $1,887.17
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CALlr:ORNIA BROOKSIDE I I I j
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TYP= OF UNIT lSQ. FT ICOST PER fiN-LIEU FEE iNO. iTOTAL IN-
I iRESIDENCE!SQ. FT. IRESIDENCE !UNITS ILlEU FEE
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1J I 1,6521 SO.60 I $991.20 I 291 $28,744.80
2: ! 1,8501 SO.60 I $1,110,00 I 421 $46,620.00
3! i 2,1441 $0.60 I S1,286.40 I 52! S66,892.80
TOtAL , i I I I 123: $142,257.60
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GRf.\ND TOTAL i I I I 2/7' S432,881.60
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AVt:RAGE FEE ! i I I i $1,156,57
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ORDINANCE NO. 14 - 96
e:
AN ORDINANCE OF THE CITY OF DUBLIN
A.DDING CHAPTER 8.24 TO THE DUBLIN MUNiCIPAL CODE
ESTABLISHING ZONING ORDINA1~CE PROVISIONS
RELATING TO INCLUSIONARY HOUSING
THE CITY COUNCIL OF THE CITY OF DtJBLIN DOES HEREBY ORDA1N AS FOLLOWS:
SECTION I
Chapter 8.24 is added to the Dublin Municipal Code to read as follows:
"Chapter 8.24 Inclusionary Zoning
ARTICLE I GEN"ERAL PROVISIONS
Section 8.24.010. Title.
This Chapter shall be called the "Inclusionary Zoning Ordinance of the City of Dublin ".
Section 8.24.020. Findings.
e. The Ci~ ofD~blin finds that the citizens of Dublin . are experiencing a. housing sho~age fo~ very low, low
"..-:>.311d mooerate mcome households. A goal of the City'S adopted Housmg Element IS to achieve a balanced
.'... 'community with housing available for households ofa range of income levels. Persons with very low, low,
and moderate incomes who currently live and/or work in the City are increasingly unable to locate housing
at prices they c~ afford, and often become excluded from living in the City. Federal and State housing
subsidy programs are not sufficient by themselves to satisfy the housing needs oflower and moderate
income households. The City finds that the high cost of newly construcjed housing does not, to aI1Y
appreciable e)..,"ient, provide housing affordable by very low, low, and moderate income households, end
that continued new development wruch does not include affordable housing will serve to further aggravate
the current housing shortage by reducing the supply of developable land. The City further finds that it is a
public purpose of the City, and a public policy of the State of California as mandated by the requirements
for a housing element of the City's General Plan, to make available an adequate supply of housing for
persons of all economic segments ofthe community.
Section 8.24.030. Purpose.
The purpose of this Chapter is to enhance the public welfare and assure that further housing development
contributes to the attainment of the above-described housing goals by increasing the production of
residential units affordable by households of very low, low, and moderate income, and by providing funds
ror the development of very low, low, and moderate income ownership and/or rental, housing. A limited
. end finite amount ofland remains for development of housing in the City and extended planning area. In
:' :-order to 2.ssure that the remaining developable land is utilized in a manner consistent with the City's
. .t-lousing policies and needs, the City declares that FIVE (5) percent of the total number of units of all ne\-\'
- :- : "esidential developments containing ~wenty (20) or more units, constructed within the City as it no\.\' exists
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EXHIBIT C
and as may be altered by annexation, shall be affordable by households of very low, low, and moderate
income, including ownership and/or rental projects.
Section 8.24.040. Definitions.
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For the purposes of this Chapter, certain wordsand phrases shall be interpreted as set forth in this section
unless it is apparent from the context that a different meaning is intended.
Affordable Rent: A monthly rent (including utilities as determined by a schedule prepared by the City)
which does not exceed the following:
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Very- Low-income households: 1/12 of30% of 50% of the annual :Median Income for Alameda
County, as adjusted for ho~sehold size, based upon the annual
income figures generated by the Federal Department of Housing
and Urban Development (BUD)
Low-income households: 1/12 of30% of80% of the annual Median Income Alameda
County, as adjusted for household size, based upon annual
income figures provided by BUD
Moderate-income households: 1/12 of30% of 120% of the annual Median Income for Alameda
County, as adjusted for household size, based upon the annual
, . .. income figures provided by HUD .... '., c., :
.A.:fIoroable Sales Pnce: A sales pnce whIch results m a monthly mortgage payment (mc1udmg pnncIpal anu . ':."
interest) which does not exceed the following:
For Very- Low-income households: 1/12 of30% of 50% of the annual Median Income for iJameda
County, as adjusted for household size, based upon the annual
income figures-generated by the Federal Department of Housing
and Urban Development (BUD)
For Low-income households: 1/12 of30% of80% of the annual Median Income Alameda
County, as adjusted for household size, based upon annual
income ~gures provided by BUD, u, _, . ,
For ,Moderate-income households: 1112 of30% of 120% of the annual Media.11 Income for Alameda
County, as adjusted for household size, based upon the annual
income figures provided by BUD
.Amenities: Interior features which are not essential to the health and safety of the resident, but provide
\~sual or aesthetic appeal, or are provided as conveniences rather than as necessities. Interior Amenities
may include, but are not limited to, fireplaces, garbage disposals, dishwashers, cabinet and storage space .
and bathrooms in excess of one. Amenities shall in no way include items required by City building codes 0
other ordinances which are necessary to insure the safety of the building and its residents. "0::'.'",:
Aoolicant: .Any person, firm, partnership, association joint venture, corporation, or any entity or
combination of entities which seeks City permits and approvals for a project.
. City: The City of Dublin or its designee or any entity with which the City contracts to administer this
chapter.
.ublin EmDlovee: A.IlY head of household, or in the case of married couples either spouse, who has
" ' worked v,~thin the City Limits of Dublin continually for one (1) year immediately prior to the date of
2.pplication for an Inclusionary Unit
Dublin Resident: Any person who has lived 'Within the City Limits of Dublin continually for one (1) year
irnmediately prior to the date of application for an IncIusionary unit Continually shall be construed to
include lapses of residency of no longer than six months.
Dwelling: Unit: A dwelling designed for o,ccupancy by one household.
Household: One person living alone; or'two or more persons sharing residency whose income is
considered for housing payments.
BUD: The United States Department of Housing and Urban Development or its successor.
IncJusionClY Unit: A Dwelling Unit as required by this Chapter which is rented or sold at Mordable
Rents and/or Affordable Sales Prices (as defined by this Chapter) to Very Low, Low, or Moderate Income
Households.
.:ncome: The gross annual household income as defined by HOD.
':/:::..l-lieu Fee: A fee paid to the City by an applicant for a project in the City, in lieu of providing the
"1'1c1usionary Units required by this Chapter.
Life or the IncJusionarv Unit: A 3<) year period from the date of occupancy, which shall be the date the
City of Dublin perfonns final inspection for the building permit.
Low Income Household: A household whose annual income is more than 50% but does not exceed 80%
of the annual median income for Alameda County, based upon the annual income figures provided by
BUD, 2S adjusted for household size. BUD may establish income limits higher or lower than 80% of the
median income for the area on the basis of its finding that such variations are necessary because of the
prevailing levels of construction costs or unusually high or low family incomes.
Median Income for iJameda County: The median gross annual income in AJameda County as determined
by HUD, adjusted for household size.
Moderate-income households: A household whose annual income is more than 80% but does not exceed
120% of me annual Median Income for Alameda County, based upon the annual income figures provided
by nUD, 2S adjusted for household size. BUD may establish income limits higher or lower than 120% of
. the median income for the area on the basis of its finding that such variations are necessary because of the
", ~,prevailing levels of construction costs or unusually high or low family incomes.
~ :.\/,ff-site Inclu'sionarv units: Inclusionary Units on land within the City of Dublin other than that on \.vhich
" ine applica.T1t intends to construct market rate units.
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O'Wl1ershiD Units: Those Inc1usionary Units developed as part of a residential development which the
Applicant intends will be sold, or which are customarily offered for individual sale.
Proiect owner: Any person, firm, partnership, association, joint venture, corporation, or any entity or.
combination of entities which holds fee title to the land on which the project is located.
Proiect: A housing development at one location or site including all dwelling units for which permits have'
been applied for or approved.
Prooertv Owner: The owner of an Inc1usionary Unit, excepting a IlProject Owner".~
Rentc1 Units: Those'Inclusionary Units developed as part ofa residential development which the
Applicant intends VYill be rented or leased, or which are customarily offered for lease or rent.
Recaoture Mechanisms: Legal programs and restrictions by which subsidies provided to Incl,usionary Units
VYill be controlled and repaid to the City and/or other entity upon resale, to insure the ongoing preservation
of afford ability oflnclusionary Units or to insure funds for Inclusionary Units remain within the City's
affordable housing program.
Resale Restrictions: Legal restrictions by which the price ofIncIusionary Units may be controlled to insure
that the units remain affordable to Very Low, Low, and Moderate Income households on resale.
Silent Second Mort2:aQe: A deed of trust recorded against an Inclusionary Unit which makes the City
andlcr other private or non-profit lender the beneficiary.
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Unit TVDe: Various dwelling units within a project which are distinguished by number of bedrooms.
VerY Low Income Household: A household whose annual income does not exceed 50% of the annual
median income for Alameda County, based upon the annual income figures provided by BUD, as adjusted
for household size. HUD may establish income limits higher or lower than 50% of the median income for
the area on the basis of its finding that such variations are necessary because of the prevailing levels of
construction costs or unusually high or low family incomes.
ARTICLE IT ZONING REQUIREMENTS
Section 8.24.050. General Requirements/Applicability.
For all new residential development projects of20 units or more, at least 5% of the project's dwelling
units shall be affordable to Very Low, Low, and Moderate Income households. These dwelling units
shall be referred to as "Inc1usionary Units". Inc1usionary Units shall be divided among these income
groups by the following ratios:
2% of the project units must be affordable to Very Low Income households
2% of the project units must be affordable to Low Income households
1 % of the project units must be affordable to ModeI:'ate Income households
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- The Inclusionary Units required for each income category shall pe reserved for rent or purchase by eligible
Very Low, Low, and Moderate Income Households. Projects subject to these requirements include, but
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are not limited to, single-family detached dwellings, townhomes, apartments, condominiums, or
cooperatives provided through new construction projects, and/or through conversion of rentals to
e/wnershiP units. . . .. .. ..
, The percentage ofInc1uslOnary Uruts reqUIred for a partlcular project shall be determmed only once on a
given project, at the time of Tentative Map approval, or, for projects not processing a map, prior to
issuance of building permit. If the subdivision design changes, which results in a change in the number of
Inc1usionary Units required, the number of Units required shall be recalculated to coincide with the final
approved project. In applying and calculating the five (5) percent requirement, any decimal fraction less
than or equal to 0.50 may be disregarded, and any decimal fraction greater than 0.5_~ shall be construed as
one Unit.
An .A.ffordabJe Housing Agreement, discussed further under Section .8.24.070 of this Chapter, shall be
used to document and further define the tenns by which projects subject to this Ordinance will comply with
its requirements.
Section 8.24.060. Unit Provisions and Specifications
...., c.
E.
.
- ,:::,,~:.. F.
" .
Q
A
Inclusionary Units shall be dispersed thfoughout the project.
B.
Inclusionary Units shall be constructed with identical exierior materials and an exterior
architectural design which is consistent with the market rate units in the project.
Inc1usionary Units may be of smaller size than the units in the project, and may have fewer
Amenities than the market rate units in the project.
D.
Inclusionary Units shall remain affordable for thirty years. Deed restrictions shall be recorded
subjecting the Rental Units to maximum rental prices. \Vhen Inclusionary Ownershio Units are
constructed and offered for sale at a price which will maintain its affordability due to the Unit's
design and size, no Resale Restrictions shotlld be necessary. However, Ownership Units may
require such restrictions recorded with the deed if necessary to address the recapture of value
increases', in situations where units are not sold at substantiallv lower prices than market rate
units, or when the units may lose affordability as the market changes. For units which require
subsidies to attain an Affordable Sales Price, Resale Restrictions shall be recorded with the deed
to recapture the subsidy upon resale (unless the unit is resold at an .A.ffordable Sales Price and to,
an eligible household). The discussion of Resale Restrictions is addressed in Section 8.24.070 of
this Chapter. Prior to the original sale, or any resale, of such Units, the buyer(s) shall sign an
acknowledgment that they are aware of the requirements of this Chapter, any deed restrictions,
and any declaration of conditions, covenants, and restrictions, as applicable.
/1..11 Inclusionary Units in a project shall be constructed concurrently within or prior to the
construction of the project's market rate units, unless the City Manager determines that
exienuating circumstances exist which render tills infeasibJe (e.g., physical or financial
diffi culti es ).
Purchasers of Ownership IncIusionary Units shall be required to occupy the Unit except when
otherwise approved by the City Manager. In order to approve exceptions, evidence must be
presented to the City Manager showing that the owner is temporarily unable to occupy the Unit
"
. .
due to extreme circumstances, such as illness or incapacity, or extreme financial hardship. In
such cases, the City Manager may approve rental of the Inclusionary Unit to households meeting
the same income level requirements as the owner for a limited time, but in no instance exce.:
a twelve-month period. If an exception is approved, the City may stipulate whether the unit '
must be rented to a household of a certain income category, and at an Affordable Rent.
G. In determining the appropriate household size per unit, for purposes of calculating AAordable
Rent or Affordable Sales Price, dwelling Unit Types shall be assigned as follows: '
Studio Unit
One Bedroom Unit
Two Bedroom Unit
Three Bedroom Unit
Four or more Bedroom Unit
One Person
Two Persons
Three & Four Persons
Five:Persons
Six or more Persons
H. Dublin residents who are senior citizens (65 years of age or older) shall be given first preference
for Inclusionary Units; Dublin residents who are first-time homebuyers shall have second
preference; other Dublin residents shall have third preference; fourth preference shall be given to
those who need to move to Dublin to be near Dublin residents or services.
Section 8.24.070. Affordable Housing Agreement
.An Affordable Housing Agreement shall be entered into by the City and the Project Owner. The
Agreement shall record the method and terms by which a Project Ov.'Uer shall comply with the
requirements of this Chapter. The approval and/or recordation of this Agreement shall take place prior to
final map approval or, where a maR is not being processed, prior to the issuance of building permits for
such lots or units.
e,
Two types of Agreements shall be used by the City.
1. \Vhen an Applicant pays a fee in-lieu of constructing Inclusionary Units, a simple In-Lieu
Agreement form shall be entered into between the Project Owner and the City Manager to
document that the Applicant has chosen the In-Lieu Fee option, ,and shall be submitted to the
Community Development Department.
2. Vlhen an Applicant provides Inclusionary Units constructed with a project, a complete AAordable
Housing Agreement shall be required, to document and further define how these units shall be
provided at AAordable Sales Prices and reserved for purchase by eligible Households, and how the
atlfordability of the Inclusionary .Units will be preserved.
Additional terms and conditions of the Affordable Housing Agreement may be determined at the time of
each project approval and/or at the time the parties enter into the agreement. Further aspects of the
Agreements are discussed below. .
A, Rental Units
Applicants of a project which will provide Rental Units shall enter into an Affordable Housing Agreement
with the City prior to issuance of any building permits for the project, to document and further define how
these units shall be provided at Affordable Rents and reserved for rent by eligible Very Low, Low, and
Moderate-1"1come Households.
.' The City shall prepare an annual statement establishing the maximum rent levels and income limits for each
household income category. These levels may be adjusted by the City at periodic intervals as new tables
are published by the Federal, State, or local government agencies.
the management of Rental Units shall be the responsibility of the Project Owner. The Affordable Housing
Agreement shall require each Project Owner to submit an annual status report to the City Manager in a
format approved by the City, including additional information as required by the Ci.ty. This report may
include, but is not limitea to identification of which units are Rental Units, their monthly rents, vacancy
information for the prior year, monthly income for tenants of each Rental Unit throughout the prior year,
and sunilar information. The Affordable Housing Agreement 5~alI be. signed by the City Manager or his/her
designee, shall be recorded, and shall run with the land.
B. O\\'TJershio Units
"When an Applicant provides Inclusionary Units constructed with a project, the Aifordable Housing
Agreement shall document and further define how these units shall be provided at Affordable Sales Prices
and reserved for purchase by eligible Very Low, Low, and Moderate-Income Households, and how the
aifordability of the Inclusionary Units will be preserved.
.This Agr~ement n:ay include, but is ~?: limited to,. design~ti.o~ of the Inclusionary Unit sites, .schedule of
".;constructlon ofuruts, terms and COnQltlOns goverrung the IrutIal sale or rental payments ofumts,
':-:::purch2.Serlrenter qualifications, monitoring ofrenUresale, and restrictions on resale where applicable.
The Affordable Housing Agreement for Ownership Units shall specify that the Inclusionary Units must be
occupied by the owner(s) apd cannot be rented except upon approval of the City Manager. The
Agreement shall also grant the City the right of first refusal to purchase an Inclusionary Unit each time it is
sold.
Prior to the original sale, or any resale, of an Ownership Unit, the buyer(s) shall sign an acknowledgment
that they are aware of the requirements of this Chapter, the Affordable Housing Agreement, any deed
restrictions, and any declaration of conditions, covenants, and restrictions, as applicable. The Affordable
Housing Agreement shall be signed by the City Manager or hislher designee, shall be recorded, and shall
run wit.l} the land.
Mech2.J."1isms which may be utilized in the Affordable Housing Agreement for ensuring affordability for the
Life of ule Inclusionary Units include, but are not limited to, the fo1Jowim::
1. lJrordable by Design
.
1"1 projects which provide Inclusionary Units at Affordable Sales Prices by virtue of the unit design,
no resale restrictions are necessary. In these situations, an Affordable Housing Agreement is only
required to document the method by which the project has complied with the Ordinance, and to
define or address specific project issues. However, in order to avoid deed restrictions on resale of
the Units, Inc1usionary Units must be sold at substantially lower prices than market rate units, and be
reasonably expected to maintain their affordability as the housing market changes. For units \vhicn
require subsidies to attain an Affordable Sales Price, restrictions shall be recorded with the deed to
recapture the subsidy upon resale, as described in Section 2 below. The City Council shall determine
whether a project is Affordable by Design.
....
2. Recapture Mechanisms
111 cases where Inclusionary Units are provided at Affordable Sales Prices via project subsidies, the
value of the subsidy shall be recorded with the property deed as a "Silent" Second Mortgage. The
subsidy shall be considered the monetary difference between the initial Affordable Sales Price, arid
the initial appraised market value.
.-
The Affordable Housing Agreement will state the Affordable Sales Price and target income level at
which IncIusionary Units in a particular project are initiq.lly sol.d, and should be resold. This target
level should coincide with the level which is 3..l"fordable to the same income category and household
size for which the unit was designated when originally sold. If the unit is resold to a qualifying
household at an Affordable Sales Price, the second mortgage will be transferred to the new owner. If
the unit is resold at market rate, the Silent Second Mortgage will be paid off
The amount of the Silent Second Mortgage would be recaptured by the City and/or other financial
entity participating in a shared equity program under the Affordable Housing Agreement. These
recaptured funds will be placed into the affordable housing fund, to be utilized for providing
affordable housing consistent with the intent of this Chapter.
The monthly payments of principal and interest for the subsidy or loan may be waived as long as an,,',.,
eligible buyer continues to own and reside in the IncIusionary Units as his or her primary residence, ':,:,: ,":,
or unless an exception is approved by the City, in accordance with Section 8.24.060.(F).
The City Manager or his designee shall be responsible for monitoring the sale, occupancy and resale
ofIncIusionary Units.
Section 8.24.080. Alternatives to constructing IncIusionary Units on-site
The requirements of this Chapter may be satisfied by various methods other than the construction of
Inclusionary Units on the project site. Some examples of alternate methods of compliance appear below.
.A.s housing market conditions ch.ange, the City may need to allow alternatives to provide options to
ApplicaIlts to further the intent of providing affordable housing with new development projects.
A. Off-Site Projects
Inclusionary Units required pursuant to this chapter may be allowed to be constructed at a location
within the City other than the project site. Any off-site lnclusionary Units must receive approval of the
City Council and must meet the following criteria:
(1) The off-site Inclusionary Units must be determined to be consistent with the City's goal of
creating, preserving, maintaining, and protecting housing for Very Low, Low, and Moderate Income
Households.
,.
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'~-~---""'._-~~_~""_'''__';_'';''__. _-_".~..._~._'...:._".:..._...~_~_:::__:,k'_'_. ~_._ ..A. .'. ._'..,.:.6..",--,:'-:...':....
k -.-. -. ..~..__._._.A__..~~._ '__'.~' ...___:...-:.__".....:..: ._.;'__.A-~.._____
(2) The on-site Inclusionary Units must not result in a serious concentration ofInclusionary
Unit~ in anyone particular neighborhood.
.-:
(3) The off-site Inclusionary Units shall conform to the requirements of all applicable City
Ordinances and the provisions of this Chapter.
(4) The occupancy and rents of the off-site Inclusionary Units shall be governed by the terms of
a deed restriction, and if applicable, a declaration of covenants, conditions and restrictions similar to
that used for the on-site Inclusionary Units.
An .A.ffordable Housing Agreement shall be established between the City and Applicant stipulating the
terms of the off-site production ofInclusionary Units. If the construction does not take place at the
same time as project development, the agreement shall require the Units to be produced within a
certain time frame, but in no event longer than 10 years. A cash oeposit or bond may be required by
the City, refundable upon construction, as assurance that the units VYilI be built.
B. In-lieu Fee Option
.;.
:. :~::
A fee may be paid by an Applicant in lieu of providing Inc1usionary Units in the project. This fee must
be paid prior to the issuance of the first building pennit for the project. The amQ.untP.f.]p-=~ieu Fees
--- --...--
shall be established by resolution of the City Council. The In-Lieu fee shall be adjusted periodically to
reflect the change in the Consumer Price Index (Cpr), and may also be adjusted as necessary for
changing conditions in the City.
C. Land Dedication
An Applicant may dedicate land to the City or a local non-profit housing developer in place of actual
construction ofInclusionary Units upon approval of the City Council. The intent of allowing a land
dedication option is to provide the City or a local non-profit housing developer the free land needed to
make an Inclusionary Unit development feasible, thus furthering the intent of this Chapter.
The dedicated land must be appropriately zoned, buildable, free of toxic substances and contaminated
soils, and large enough to accommodate the number ofInclusionaI)' Units required for the project. The
City's acceptance of land dedication shall require that the lots be fully improved, with infrastructure,
adjacent utilities, grading, and fees paid.
D. Other flexible solutions
Applicants may propose creative concepts for meeting the requirements of this Chapter, in order to
bring down the cost of providing Inclusionary Units, whether on or off site. The City Council may
approve alternate methods of compliance with this Chapter if the Applicant demonstrates that such
alternate method meets the purpose of this Chapter (as set forth in Section 8.24.030).
. Section 8.24.090. Credit Transfers
_ ,,': ',!,he requirements of this Chapter may be satisfied by transferring IncJusionary Unit credits from one site to
:< another, upon approval of the City Council, and as set forth herein, Transfer credits may be created if the
City Council approves issuance of a specified number of Credit Certificates for that number of lncJusionary
Units provided by a particular Project Owner in excess of the minimum required for the project. Credit
.___~.'+.'. _ ,_,~_,,~'___:__'__...;_-_,':...+a:. __~~_. &.__'__
- -;. . ',:.. ..".:: &. ..-. -
Certificates, when approved, shall be issued for tbe specific Income Category for which the unit is
designed, according to the number of rooms and Affordable Sales Price.
Credit Certificates are issued to and become the possession of the Project Owner, who may then use t.
to satisfy the requirements of this Chapter for another project in the City, whether developed by the sa..me
Project Owner or another developer. If a Project Owner sells Credit Certificates to another developer, the
parJes sh~ report the transaction to the ~ornmunity Development Director, who will document the
transfer by Certificate number. When the. Credit Certificate is applied to meet the Inclusionary Unit
requirement of a particular project, it shall be recorded at the time of project approval, and the subject
Certificates must be leturned to the Community Development Director.
:.
The Inclusionary Units for which a Credit Certificate is sought shall meet all of the criteria of this Chapter.
Credit Certificates issued for specific Income categories may gnly b~ used to satisfy the requirements for
Inc1usionary Units for the same Income category (Very Low, Low, or Moderate). The City Council shall
determine the appropriate Income category for each Credit Certificateissued. The IncJusionary Units for
which Credits are granted shall have resale controls applied to ensure their ongoing affordability. Terms of
the Credit Transfer shall be included in the Affordable Housing Agreement.
Section 8.24.100. Inclusionary Housing In-Lieu Fee Fund.
,
In-lieu Fees shall be deposited into a fund known as the "Indusionary Housing In-Lieu Fees Fund"
C'Fund"). All monies in the Fund, together l-Vith any interest earnings on such monies less reasonable
administrative charges, shall be used or con:mitted to use b~ th~ C~ty f~r the purp~se of provid.ing Very. '
Low, Low, and Moderate Income ownershlP or rental housmg m tne Clty of Dub 1m through SlJent Secol~u' ::"
lvIortgages, land acquisition, land writedowns, construction, contributions to non-profit associations or
corporations for construction of housing, landbanking (including property exchanges) and any other
mechanism available to the City to provide Very Low, Low, and Moderate income housing.
The monies in the Fund shall be used or committed to use within seven (7) years of the date of payment
into the Fund. Monies from a particular project which remain unexpended or uncommitted at the end of
the seven year period may be refunded to the then-current Property Owners or Project Owner or may be
contributed to a non-profit association or corporation for the purpose of providing Very Low, Low, and
Moderate income ownership housing in Dublin, at the option of t~e City Council.
The City Manager s,hall prepare an annual report for th~ City Council identifying the balance of monies in
the Fund and the'Inclusionary uriits provided and any monies committed to providing Very Low, Low, and
Moderate Income housing. The annual report shall also include a review of administrative charges.
Section 8.24.110. Incentives to encourage On-site construction oflnclusionary Units
The City shall consider making available to the Applicant incentives to increase the feasibility of residential
projects to provide Inc1usionary Units. Incentives or financial assistance will be offered only to the extent
resources for this purpose are available and ~pprov~d for such us~ by t~e City Coun~il or ~ity Manag~r, 2:.
defined below, and to the extent that the ProJect, wlth the use of InCentlves or financlal asslstance, assIsts ~'; .',:
achieving the City's housing goals. However, nothing in this chapter establishes, directly or through
implication, a right of an Applicant to receive any assistance or incentive from the City.
III
,.._._..,:~~__~.o .
. ... .. .." 0_, __ _" . 0
, , ,
_.. . **." ,.' . ". ..' . - _.0._ ..
Any incentives provided by the City shall be set out in the Affordable Housing Agreement pursuant to
Section 8.24.070 of this Chapter. The granting of the additional incentives shall require demonstration of
.:exce~tional. circ~msta.lces whic~ ~~cessitate a.ss.istan~ from the Ci:y, as well as documentation of how
.' ',;uch mcentIves mcrease the feasIbility of provIdmg mordable housmg,
'.,
The following incentives may be approved for Applicants who construct Inclusionary Units on-site:
A. Fee Deferral
The City Manager may approve deferred payment of City processing fees appli~able to the review and
processing of the Project. The terms and payment schedule of the deferred fees shall be subject to the
approval of the City Manager, and require Agreement by the Project Owner, prior to any City
Department authorizing deferral.
The City Council, by Resolution may defer payment of City development impact fees applicable to the
Inclusionary Units or the project of which they are a part. Approval of this incentive requires
demonstration by the Applicant that the deferral increases the project's feasibility. The Affordable
Housing Agreement for the project shall document and address the terms of payment and contain
language which assures payment of such fees.
B. Design Modifications
.
The granting of design modifications shall require the approval of the City Council. Modifications to
typical design standards include the folIov.ring:
o. _ ~_.o.
.0' 0'
- Reduced setbacks
- Reduction in infrastructure requirements
- Reduced open space requirements
- Reduced landscaping requirements
- Reduced interior or exierior amenities
- Reduction in parking requirements
- Height restriction waivers
C. Priority Processing
A Project which provides Inclusionary Units may be entitled to priority processing, subject to the
approval of the City Manager. A Project eligible for priority processing shall be immediately assigned
to planning staff and processed in advance of all non-priority items. The Project shall be scheduled for
the nexi available meeting of the Planning Commission and/or City Council, upon meeting all submittal
and environmental review requirements. 'When more than one Project qualifying for priority processing
is applied for at the same time, first priority will be given to the Project whose application was
determined to be complete earlier.
e,
)t:;
A.R TI eLE III
:MISCELLANEOUS
Section 8.24.120.
Administration
e:.
The City Manager may establish guidelines for administering the provisions of this chapter. The City may
contract with the Dublin Housing Authority, the Alameda County Housing Authority, or other entity to
. . administer any provisions of this chapter.
Section 8.24.130. Availability of government subsidies.
The requirements for rTIclusionary Units shall not be reduced by the availability of government program
subsidies, nor precluded by the use of such programs and subsidies.
-:.
Section 8.24.140. Conflict of Interest.
Individuals who, by virtue of their position or relationship, are hereby found to be ineligible to purchase or
rent an LDelusionary Unit as their residence include all employees and officials of the City of Dublin who
have, by the authority of their position, policy making authority or influence affecting City housing
programs, and the Project Applicant and Project Owner.
Section 8.24.150. Violations.
It sh~ be unlawful. for any person, fir:m, corporatio.n, partnership 0: ot~er entity to violate an~ 'provision ~. .
to fail to comply Wlth any of the requrrements of this Chapter. A vJOlatJOn of any of the provISIons or '... ...:':
failing to comply with any of the requirements of this Chapter shall constitute a misdemeanor; except that :',
notv.rithstanding any other provisions ofthis Code, any such violation constituting a misdemeanor under
this Chapter, may in the discretion of the enforcing authority, be charged and prosecuted as an infraction.
.Any person convicted of an infraction under the provisions of this Code shall be punishable as provided by
the Government Code of the State of California.
Section 8.24.160. Enforcement.
The City Manager is designated as the enforcing authority. The City Manager may suspend or revoke any
building permit or approval upon finding a violation of any provision oftrus chapter. The provisions of this
chapter shall apply to all agents, successors and assigns of an Applicant. No building permit or final
inspection shall be issued, nor any development approval be granted which does not meet the requirements
of this chapter.
In the event that it is determined that rents in excess of those allowed by operation of this Chapter have
been charged to a tenant residing in an Inclusionary Unit, the City may take appropriate legal action to
recover, cnd the Project Owner shall be obligated to pay to the tenant or to the City in the event the tenant
cannot be located, any excess rents charged.
Section 8.24.170. Appeals.
:.
..;ny person aggrieved by any action or determination of the City Manager under this ordinance, may
appeal such action or determination to the City Council in the manner provided in Section 1.04.050 of the
Municipal Code."
. Section 2. Severability.
The provisions of this Ordinance ,are severable and if any provision, clause, sentence, word or pan thereof is
.",:,.d illeg21, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity,
unconstitutionality, or iIlapplicability shall not affect or impair any of the remaining provisions, clauses,
sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or
circumstances.
Section 3. Effective Date and Posting of Ordinance
This ordinance shall take ~ect 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 ofCaliforrua.
- .
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Dublin on this 9th day of
July, 1996, by the folldvri"1g votes:
A'i"ES:
Councilmembers Bames, Moffatt and Mayor Houston
NOES:
Councilmember Burton
ABSENT:
Councilmember Howard
e.
:;.BST Am: None
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11ayor
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ATIE~ d
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Ci~lerk l-
g:\parr"\1996\pa960 18\1 996ord.doc
K" n-9-96tord-incl.doc
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RESOLUTION NO. 80 - 96
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*************
.
ADOPTING A l\r.EGATIVE DECLARATION FOR THE
INCLUSIONARY ZO:NlNG ORDINANCE; AND
ESTABLISHING METHOD FOR DETERMTh1NG Al\10UNT OF IN-LIEU FEE
WHEREAS, the City ofDubliIJ, Housing Element, Strategy LB., and the Eastern Dublin Specific
Plan, Programs 4.F. and 4.G., require the City of Dublin to prepare an Inclusionary Zoning Ordinance; and
"WHEREAS, the Planning Commission and City Council held properly noticed public study
sessions to discuss issues related to the development of the Inclusionary Zoning Ordinance on February 6
and March 19, 1996, and
'WHEREAS, pursuant to the City of Dublin Housing Element Strategy LB., the City of Dublin has
prepared a draft Inclusionary Zoning Ordinance as a result of the direction given at these study sessions;
and
WHEREAS, Section 8.24.080 (B) of the proposed Inclusionary Zoning Ordinance provides the
option of paying a fee in-lieu of constructing InclusionaT)' Units ("In-Lieu Fee"), and states that the City
Council shall establish the amount of the In-Lieu Fee by resolution; and
'WHEREAS, the Planning Commission held a public hearing on said draft Ordinance on May 7,
1996, for which proper notice was given in accordance with California State Law; and
'.
\VHEREAS, the Inc1usionary Zoning Ordinance has been reviewed in accordance with the
provisions of the California Environmental Quality Act; and
'WHEREAS, an Environmental Impact Report, SCH #84011002, was prepared for the Dublin
General Plan and certified on February 11, 1985; and
\VHERE..4..S, an Environmental Impact Report, SCH# 91103064, was prepared for the Eastern
Dublin Specific Plan and General ilan Amendment, and adopted by the City Council on May 10, 1993,
with two Addenda to the FEIR, dated May 4, 1993 and August 22, 1994; and
\VHEREAS, the above-noted Environmental Impact Reports addressed impacts of the future
development of the City of Dublin; and which impacts and analysis exceed the impacts of the Inclusionary
Zoning Ordinance; and
'WHEREAS, the program proposed in the Inclusionary Zoning Ordinance, including in-lieu fees,
does not raise any new significant environmental issues which were not addressed in the Dublin General
Plan Environmental Impact Report, or the Eastern Dublin Specific Plan and General Plan Amendment
Environmental Impact Report, 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
\VHEREAS, a staff report was submitted for P A 96-018, the proposed Inclusionary Zoning
Ordinance, recommending that the Planning Commission recommend City Council approval of said draft
()"'r1;T1~T1r-P' :mri
: .'.. ".
'.
\VHEREAS, after conslu..;ring all staff reports, recommendations, ~li.d written and oral testimony
submitted at the Public Hearing hereinabove set forth, the Planning Commission adopted a Resolution
recommending City Council approval ofthe Negative Declaration and adoption of the draft Inclusionary
Zoning Ordinance; and
.
\VHEREAS, the City Council held a public hearing on said Ordinance on May 28, 1996, for which
proper notice was given in accordance with California State Law; and . '
--
\VHEREAS, a staff report was submitted for P A 96-018, the proposed Inclusionary Zoning
Ordinance, recommending the City Council's approval of the Negative Declaration, establishment of
methodology for determining amount of In-Lieu Fee, and adoption of said draft Ordinance; and
"WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony hereinabove set forth.
NO\V, THEREFORE, BE IT RESOLVED THA..T THE Dublin City Council does hereby find
that the draft Ordinance is consistent with the stated purpose and objectives of the City's Zoning
Ordinance, Municipal Code, General Plan, and Eastern Dublin Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve a
Negative Declaration.
.-\.Nl), BE IT FURTHER RESOL ''ED TRA T THE Dublin City Council does hereby establish
the methodology for determining the amount of the In-Lieu Fee fo~ each development project subject to
the requirements of the InclusionaT)' Zoning Ordinance, as follows:
.
1. The In-Lieu Fee shall be based upon a charge of $.75 cents per square foot for multi-family (attached
unit) developments, and $1.00 per square foot for single family (detached unit) developments.
2. The Fee will be calculated for the average unit size, in square feet, for the total number of units in the
project.
3. There will be no per-unit maximum for the Fee.
4. Tne Fee will be adjusted periodically, based upon the percentage increase in the Consumer Price
Index.
5. The actual amount of the total Fee charged for a project shall be determined at the time of project
tentative map approval.
The above methodology for determining the amount of the In-Lieu Fee for each development project
subject to the requirements of the InclusionaT)' Zoning Ordinance shall take effect as of the date on which
the Inclusionary Zoning Ordinance becomes effective.
PASSED, APPRO''ED A..~T}) ADOPTED this 11 th day of June, 1996.
A "YES:
NOES:
A..BSE1\l:
Councilmembers Bames, Moffatt andMayor Houston
Councilmember Burton
Councilmember Howard
~!1~~t
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96018'==.cioc K1n-9-96/resoincLdoc
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The Project ''Iill be subject to the proposed Indusionary Zoning Ordinance,
?l"O\ided that DEVELOPER shall have the right in lieu of providing the required
~')::rcentage of affordable units required by SUd1 ordinance to pay a fee in the 2lTlOuntS
set forth in such ordinance, and provided further that the in lieu fee for the Project
shall not exceed $1.00 per squ21.e foot for single-family detad1ed homes and $.75 per
square foot ror attached "homes.
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Subsection h.
Specific Plan Implementation Fee
Prior to approval of its final map, DEVELOPER shall pay a "Specific Plan
Implementation Fee". The amount of the fee shall be the Project's pro rata share on
a:1 acreage basis of CITYs then cunent COStS for implementation of the Specific Plan
c..lld the nLitigation measures of the final Environmental Impact Report ror the
S:Jecinc Plan.
Subsection i.
Dedications
DEVELOPER agrees to dedicate the property required for road improvementS
desG"ibed in Subparagraph 5.3.2 above to CITY in ree simple free and both the land
and groundVi"ater shall be free of hazardous substances.
Subparagraph 5.3.7 -,- !\1iscelIaneous
Subsection 2..
Creek Improvements.
COul\'lY shall prepare a Sueam Restoration Plan in accordance with L'he
.E.2Ste.t""Il Dublin Comprehe...'T1sive Sueam Restoration Progra..T11 and the Drainage Plan
for the portion of Tassajara Creek under COU1\TTY o.wnership. Such Plan shall be
prepared to u'1e satisraction of CITY and shall indude landscaping. COUNTY shall
make the IDlprovements to Tassajara Creek identified in t..he Plan \~iiliin 36 months
or ille effecrive date or this Agreement, UI1leSS CITY agrees in writi.11g to a later date.
Not later than 36 monws or the effective date of the Agreement, COUl\!lY shall
dedicate property on both sides of Tassajara Creek pursuant to the requirements of
~~e Pl2.J.i 2..J.'1d Progranl, to L'r1e appropriate entiTY (as detem1ined by tJ'1e City Council)
which will Q"wn <tlid m2inT.?in suD.~ areas purSU2l1t 1.0 we Plan and Program. Tne
210lliit of 12.J.id to be dedicated shall be dete.t-n1ined by Cm' consisIent with the
C-omprehensive Suean1 ResIoratioIl Progr2.ffi.
EXHIBIT. 0
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