HomeMy WebLinkAbout7.1 Arroyo Vista Legis Action Attch 3-51 i
RESOLUTION NO. XX - 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
GENERAL PLAN AMENDMENT TO CHANGE THE DESIGNATION OF THE ARROYO
VISTA PROJECT SITE FROM MEDIUM-DENSITY RESIDENTIAL TO MEDIUM/HIGH-
DENSITY RESIDENTIAL AND PUBLIC/SEMI-PUBLIC AND ALLOW FOR ATTACHED AND
DETACHED HOUSING UNITS IN THE MEDIUM/HIGH-DENSITY RESIDENTIAL LAND USE
DESIGNATION
(APN 941-0007-001-07)
PA 07-028
WHEREAS, Eden Housing Inc. and Citation Homes Central, submitted applications (PA 07-028)
to the City regarding a 24.13 acre parcel ("Arroyo Vista") located at 6700 Dougherty Road (APN 941-
0007-001-07) for a General Plan Amendment, PD Rezone with Stage 1/Stage 2 Development Plan, Site
Development Review and Vesting Tentative Tract Map 7943; and
WHEREAS, the Applicants have requested approval of a General Plan Amendment to change the
existing General Plan Land Use Designation from Medium-Density Residential (6.1-14.0 du/a) to
Medium/High-Density Residential (14.1-25.0 du/a) (23.79 acres) and Public/Semi-Public (0.34 acres);
and
WHEREAS, the Applicants have requested approval of a General Plan Amendment to allow for a
mixture of attached and detached housing in the Medium/High-Density Residential Land Use Designation
in the Primary Planning Area; and
WHEREAS, the Dublin General Plan was originally adopted on February 11, 1985, and has been
amended a number of times since that date; and
WHEREAS, the General Plan currently identifies land use designations, densities and policies
related to density calculations, and includes a General Plan Land Use Map (Figure 1-la) that shows the
location of land uses within the City of Dublin; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared; and
WHEREAS, pursuant to the California Environmental Quality Act, the Planning Commission
adopted Resolution 09-12 on April 28, 2009 and incorporated herein by reference, recommending that the
City Council certify the Arroyo Vista Environmental Impact Report (SCH 2007122066); and
WHEREAS, the Planning Commission held a properly noticed public hearing on the General
Plan Amendment and related Project applications on April 28, 2009 at which time interested parties had
the opportunity to be heard; and
WHEREAS, on April 28, 2009, the Planning Commission adopted Resolution 09-13 incorporated
herein by reference, recommending that the City Council approve the General Plan Amendment; and
~~
Attachment 3
WHEREAS, a Staff Report dated August 18, 2009 was submitted to the City Council analyzing
the Project and recommending that the City Council approve the GPA and PD Rezone with Stagel/Stage
2 Development Plan; and
WHEREAS, on August 18, 2009, the City Council held a properly noticed public hearing on the
General Plan Amendment and related PD Rezone, at which time all interested parties had the opportunity
to be heard; and
WHEREAS, on August 18, 2009, the City Council opened the Public Hearing, Closed the Public
Hearing and continued the matter to September 1, 2009; and
WHEREAS, following the public hearing, the City Council adopted Resolution ,dated
September 1, 2009 and incorporated herein by reference, certifying the EIR for the Project and making all
required findings under CEQA; and
WHEREAS, the City Council did hear and consider all said reports, including the certified EIR,
recommendations and testimony herein above set forth and used its independent judgment to evaluate the
project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and
made a part of this resolution.
BE IT FURTHER RESOLVED that the Dublin City Council does hereby find that the proposed
amendments to the Dublin General Plan are in the public interest and will not have an adverse effect on
health or safety or be detrimental to the public welfare or be injurious to property or public improvement
and that the Dublin General Plan as so amended will remain internally consistent.
BE IT FURTHER RESOLVED that the Dublin City Council does hereby find that the proposed
map and text amendments to the General Plan are consistent with all other goals, policies, and
implementing programs set forth in the General Plan.
BE IT FURTHER RESOLVED that the Dublin City Council does hereby approve the
following amendments to the Dublin General Plan:
Section I. General Plan Amendments.
Subsection i. Section 1.8.1 (Land Use Classifications), under the subsection "Primary
Planning Area (West of Camp Parks -See Figure 1-la)" is hereby amended as
follows:
i. Modify the text of "Residential: Medium-High Density (14.1 to 25.0 units
per gross residential acre)." The following sentence will be inserted after
"units in this density range will all be attached":
"The City Council may, at their discretion, allow for attached and detached
units when the mix of units is provided to allow for a unique development
which benefits the community."
2
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Subsection ii. Figure 1-la, General Plan Land Use Map is hereby replaced with a revised
General Plan Land Use Map as follows:
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Section II. All provisions of the General Plan not amended by this resolution shall remain in
full force and effect.
BE IT FURTHER RESOLVED that this Resolution shall take effect thirty (30) days after the
date of adoption.
PASSED, APPROVED AND ADOPTED this 1st day of September 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
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as amended through May 19, 2009
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ORDINANCE NO. XX - 09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A PD-PLANNED DEVELOPMENT REZONE AND A RELATED
STAGEI/STAGE 2 DEVELOPMENT PLAN FOR ARROYO VISTA LOCATED AT
6700 DOUGHERTY ROAD
(APN 941-0007-001-07)
PA 07-028
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. This Ordinance rezones the subject property located at 6700 Dougherty Road from PD,
Planned Development (1418 ZU) to PD, Planned Development (PA 07-028) with a Stage 1/Stage 2
Development Plan.
Section 2.
FINDINGS AND DETERMINATIONS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows:
1. The Arroyo Vista Planned Development Zoning, including aStagel/Stage 2 Development
Plan, meets the purpose and intent of Chapter 8.32 because: it provides a comprehensive
development plan that is tailored to the Residential and Public/Semi-Public land uses proposed
on the Project Site and creates a desirable use of land that is sensitive to surrounding land uses
by virtue of the layout and design, which is adjacent to residential development and Dougherty
Road.
2. The PD rezone with Stagel/Stage 2 Development Plan for Arroyo Vista will be harmonious
and compatible with existing and potential development in the surrounding area in that: 1) the
land uses and Site Plan establish a Residential and Public/Semi-Public development; 2) the
proposed Project is consistent with the type of development, residential, envisioned in the
General Plan, as amended, and also provides space for Public/Semi-Public land uses; 3) the
Project Site has been designed to reduce impacts on the adjacent residential uses and to be
compatible with the residential development in the vicinity; 4) the Development Plan will
provide for housing to meet the City's need for affordable units and will provide a daycare
facility which will provide aSemi-Public facility to meet the needs of the residents in the
vicinity; and 5) the Project has been attractively designed and is compatible with the
neighborhood in which it is located.
B. Pursuant to Section 8.120.OSO.A and B of the Dublin Municipal Code, the City Council finds as
follows:
1. The PD rezone with Stagel/Stage 2 Development Plan for Arroyo Vista will be harmonious
and compatible with existing and potential development in the surrounding area in that: 1) the
land uses and Site Plan establish a Residential and Public/Semi-Public Project; 2) the proposed
Project is consistent with the type of development, residential, envisioned in the General Plan,
as amended, and also provides space for Public/Semi-Public land uses; 3) the Project Site has
Page 1 of 9
ATTACHMENT 4
been designed to reduce impacts on the adjacent residential developments and to be
compatible with the residential uses in the vicinity; 4) the Development Plan will provide for
housing to meet the City's need for affordable units and will provide a daycare facility which
will provide aSemi-Public facility to meet the needs of the residents in the vicinity; and 5) the
Project has been attractively designed and is compatible with the neighborhood in which it is
located.
2. The Project Site is physically suitable for the type and intensity of the zoning district being
proposed because: 1) the residential portion of the Project Site will have a density of 15.9
units per acre which is consistent with the amended General Plan land use designation of
Medium/High-Density Residential land use designation; 2) the daycare will have a Floor Area
Ratio of .22 which is consistent with the maximum FAR for Public/Semi-Public land uses in
the General Plan; 3) the Site is accessible by three entrances off of Dougherty Road an existing
street; 4) the Development Plan will provide for housing to meet the City's need for affordable
units and will provide a daycare facility which will provide aSemi-Public facility to meet the
needs of the residents in the vicinity; and 5) the Site is currently developed with residential
uses and is relatively flat, and is therefore physically suitable for the type and intensity of the
proposed Planned Development Zoning district.
3. The PD rezoning with Stagel/Stage 2 Development Plan will not adversely affect the health or
safety of persons residing or working in the vicinity or be detrimental to the public health,
safety and welfare because: the Project will comply with all applicable development
regulations and standards and will implement all applicable mitigation measures in the Arroyo
Vista Environmental Impact Report and the Environmental Assessment (Finding of No
Significant Impact pursuant to the National Environmental Policy Act).
4. The PD rezoning with Stagel/Stage 2 Development Plan is consistent with the Dublin General
Plan because: 1) the proposed residential development, community building and daycare
facility is consistent with the amended General Plan land use designations of Medium/High
Density Residential and Public/Semi-Public; 2) the proposed Project is consistent with the
City's goal of developing Public facilities within the City to meet the needs of the residents; 3)
the residential development will provide affordable and market-rate housing as well as a mix
of housing types which is consistent with the General Plan Land Use and Circulation Element
Goal A and Policy C; 4) the Project proposes efficient and higher intensity use on a relatively
flat site that minimizes grading requirements and potential environmental and aesthetic
resources consistent with General Plan open space policy; 5) consistent with the General Plan
circulation element policy, the City will continue to periodically monitor the Dublin
Boulevard/Dougherty Road intersection over time to determine if transportation measures to
improve levels of service are necessary; 6) the Project provides pathway connectivity within
and through the site as well as a focal point through the child care and community centers
consistent with the General Plan sustainability element; and 7) the Project includes an
attractive development with new dwellings, new daycare and landscaping which will promote
visual interest of the Site from the adjacent properties and the street and will promote a
pedestrian friendly environment once the Project is complete.
C. Pursuant to the California Environmental Quality Act (CEQA), on ,the City
Council adopted Resolution No. certifying an Environmental Impact Report (EIR) (SCH
#2007122066) and making all required findings, which resolution is incorporated herein by
reference.
Page 2 of 9
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D. On 2009, the City Council adopted Resolution No. approving the companion
General Plan Amendment for the Project, which resolution is incorporated herein by reference.
Section 3. ZONING MAP AMENDMENT.
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is
amended to rezone the following property ("the Property") to a PD-Planned Development district:
24.13+ gross acres within APN 941-0007-001-07 DOC 1986 277644 for PA 07-028.
A map of the rezoning area is shown below:
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Section 4. STAGE 1/2 DEVELOPMENT PLAN
Arroyo Vista
The regulations for the use, development, improvement, and maintenance of the subject property are set
forth in the following Stage 1lStage 2 Development Plan, which is hereby approved. Any amendments to
the Stage 1/Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin
Municipal Code.
1. Statement of uses.
PD Medium/High Density Residential
Intent. Medium/High Density land use designations are established to: a) reserve appropriately
located areas for family living in a variety of types of dwellings at a reasonable range of population
densities consistent with sound standards of public health and safety; b) preserve as many as possible
of the desirable characteristics of the one-family Residential district while permitting higher
population densities; c) ensure adequate light, air, privacy, and open space for each dwelling unit; d)
Page 3 of 9
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minimize traffic congestion and avoid the overloading of utilities by preventing the construction of
buildings of excessive size in relation to the land around them; and e) provide necessary space for off-
street parking of automobiles.
Permitted Uses
Accessory structures and uses in accordance with Section 8.40.030 of the Dublin Zoning Ordinance
Animal Keeping -Residential
Community Building with Community Serving Uses (for use by the residents of Arroyo Vista only)
Community Care Facility/small (permitted if required by law, otherwise as conditional use)
Home Occupations (per Chapter 8.64 of the Dublin Zoning Ordinance)
Leasing Office (for leasing on-site units only) and Offices Related to the Affordable Housing Project
(Eden Housing portion of the Site)
Multi-Family Dwelling
Private Recreation Facility (for homeowners' association and/or tenants use only)
Single Family Residence
Small Family Day Care Home
Similar and related uses as determined by the Community Development Director
Conditional Uses
Community Facility
Community Care Facility/Large
Day Care center
Large Family Day Care Home
Parking Lot -Residential
Semi-Public Facilities
Similar and related uses as determined by the Community Development Director
The reviewing body for these conditional uses shall be the same as the reviewing body for the uses in
the R-M, Multi-Family Residential) Zoning District listed in Chapter 8.12, Zoning District and
Permitted Uses of Land, of the Zoning Ordinance.
Temporary Uses
Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted temporary uses and permit
procedures.
PD-Public/Semi-Public
Intent. Public/Semi-Public land use designations are established to provide Quasi-Public uses, such
as daycare centers, private schools, theaters and other similar uses which benefit the community.
Permitted Uses
Uses including but not limited to:
School (private)
Day Care center
Community Center
Similar and related uses as determined by the Community Development Director
Conditional Uses
Community Facility
All other uses deemed to be consistent with the General Plan land use designation of Public/Semi-
Public, as determined by the Community Development Director.
Page 4 of 9
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The reviewing body for these conditional uses shall be the same as the reviewing body for the uses in
the R-M, Multi-Family Residential) Zoning District listed in Chapter 8.12, Zoning District and
Permitted Uses of Land, of the Zoning Ordinance.
Temporary Uses
Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted temporary uses and permit
procedures.
2. Stage 1 and Stage 2 Site Plan.
3. Site area, proposed densities, maximum number of residential units, maximum square footage of
non-residential area.
Land Use Gross Net Density Maximum Number of Maximum Non-Residential
Designation Acres Acres Dwelling Units Square Footage
Medium/High 23 79 23.46 14.1 to 25.0 units 378 3,200 Square Feet*
Density Residential er acre
Public/Semi-Public 0
34 0'34 SO FAR 0 7,405 Square Feet
Facilities . .
~`C,~ommunity Building
4. Development Regulations.
Eden Hausin Affordable Pro'ect Minimum
Minimum Setbacks
Building to Dougherty Road Property Line 15'
Buildin to West Pro erty Boundary 15'
Maximum Lot Covera a 60%
Maximum Floor Area Ratio (Public/Semi-
Public land use desi nation .50 FAR
Maximum Buildin Hei ht 45' and 3 stories
Accessor Structures Per Zoning Ordinance
Parkin S aces Re uired
Affordable Apartments 1.82 arking stalls er unit
Senior Apartments 0.76 parking stalls per unit
Childcare Facility 1 er em loyee lusl arking or loadings ace er 5 children
Community Building 10
Page 5 of 9
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Citation Homes Central Market Rate Units Minimum
Attached Houses Minimum Setbacks
Building to Dougherty Road Property Line 10'
Building to Public Street Right-of--Way 10'
Detached Houses Minimum Setbacks
Front Yard 8' (4' from porch)
Rear Yard 0'
Side Yard 4'
Minimum Lot Size -Attached 1,950 S uare Feet
Maximum Lot Covera a 78%
Maximum Buildin Hei ht 40' and 3 stories
Accessor Structures Per Zoning Ordinance
Parkin S aces Re uired
Attached Houses 2 stalls located inside a garage with a minimum
unobstructed dimension of 20 feet x 20 feet plus 0.5
guest parkin stall er unit
Detached Houses 2 stalls located inside a garage with a minimum
unobstructed dimension of 20 feet x 20 feet plus 1
guest parking stall per unit
General Residential Yard Provisions:
Air conditioning units for the detached units shall be screened from view and located in the side yard. Air conditioning units may
be located on the property line as long as one side maintains a minimum 3 foot wide unobstructed (clear) path from the front yard
to the alley.
Air conditioning units for the attached houses shall be located at grade and shall be screened from view.
5. Architectural Standards.
All improvements in this Zoning District shall be well designed and shall compliment the character
and design of the surrounding neighborhood. All improvements and future improvements shall be
compliment the design of the existing buildings and shall enhance the Site and be harmonious with
high standards of improvements in the surrounding area. Future improvements shall be consistent with
the purpose of Chapter 8.104, Site Development Review, in the Zoning Ordinance. All unsightly uses
shall be screened from view. All equipment including HVAC units, conduits, piping, fire risers and
trash containers shall be completely screened from view.
Eden Housing Project
The Eden Housing portion of the Project will be located in the center of the Arroyo Vista
development. The overall design of this portion of the Project is the farmhouse design, with variations
between each of the buildings, to complement the historical rural character of the City of Dublin. The
Eden Housing portion of the project will consist of up to 180 affordable rental units ("Rental
Component" of the project).
Family Apartments
The family apartment portion of this Project will have four different building types. Each unit will
have a front porch and a small deck.
The buildings within Eden Housing's portion of the Project have been designed with the farmhouse
architectural theme. The farmhouse architectural style can be characterized through the use of simple
materials and colors with shed roofs and windows. Materials which complement the design theme will
be used on all of the elevations.
Page 6 of 9
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Citation Homes Housing
The Citation Homes Central portion of the Project will be located adjacent to Dougherty Road and on
the northern and southern portions of the property. The Citation Homes Central portion of the project
will consist of up to 198 for-sale dwelling units ("For Sale Component"). The attached housing
product is located adjacent to Dougherty Road and on the southern portion of the Site. The Applicants
have proposed to use three different architectural designs: Craftsman, Contemporary American West
and Cape Cod to complement the farmhouse design of the Eden Housing portion of the Project. While
the Citation Homes Central architectural themes are different than the Eden Housing design theme,
the use of an American architectural style will reinforce the connection between the affordable and
market rate portions of the Project.
The front elevation of the single-family detached houses will face a landscaped paseo which is
connected to the street by a sidewalk. The paseo will be landscaped with trees, shrubs and grasses.
The garage to the houses can be accessed via an auto court.
Cape Cod Design
The design of these houses includes details such as gable roofs and covered front porches. Materials
include stucco and horizontal wood siding, with horizontal wood siding comprising most of the
building. Shutters are also used.
Contemporary American West Design
The Contemporary American West elevations incorporate architectural details which are consistent
with this design theme. The use of rustic materials, including board and batten, horizontal wood and
stucco siding will be used. Architectural details include the use of decorative wood trim, window
ledges, attractive window frames, the use of muntins (grids) and shutters. A combination of porticos
and covered porches will be used at the entrances to the units to promote visual interest.
Craftsman Design
Three different versions of the Craftsman design will be used in this Project. The Craftsman design
theme features wood accents, variety of materials and gable roofs. For variety, a combination of
stucco, wood shingle siding and horizontal wood siding will be used on the front elevation. Corbels
and other wood accents, such as ledges, will also be used on this elevation to promote visual interest
and in keeping with the craftsman theme.
Enhanced Side Elevations
In some cases, one of the sides of the house may face the street. When this situation occurs, an
enhanced elevation will be used so that the portion of the house facing the street includes architectural
details for visual interest, rather than a blank wall.
Page 7 of 9
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6.
Preliminary Landscaping Plan.
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7. Phasing Plan.
Construction of the Project shall be done in accordance with the Disposition and Development
Agreement for the Redevelopment of Arroyo Vista between the City and the developers, in effect at
the time of construction.
8. Statement of Consistency with General Plan.
The PD rezoning and related Stage 1/2 Development Plan is consistent with the General Plan as
amended through Resolution ,approving the companion General Plan Amendment.
9. Inclusionary Zoning Regulations.
The affordable portion of the Project (Rental Component) and the market-rate portion of the Project
(For Sale Component) shall comply with the City's Inclusionary Zoning Regulations (Chapter 8.68 of
the Zoning Ordinance) unless the City Council by resolution grants waivers of the requirements of
Chapter 8.68, including but not limited to the affordability, dispersal, bedroom size, concurrent
construction and preference point requirements of Chapter 8.68.
The concurrent construction requirement of the Inclusionary Zoning Regulations (Section 8.68.030.D
of the City's Zoning Ordinance) can be waived by the City Council by resolution if all of the
following are met: (a) the affordable for-sale units in the For-Sale Component are constructed
concurrently with the market rate for-sale units in the For-Sale component to a maximum of 126 for-
sale units (112 market units and 14 affordable units); and (b) no building permit shall be issued for
any units in the For-Sale Component in excess of 126 units unless [i] the developer of the Rental
Component has secured financing for the entire Rental Component, to the satisfaction of the City
Manager; [ii] the developer of the For Sale Component constructs affordable units that, together with
the 14 affordable units, satisfy the Inclusionary Zoning Regulation's requirements for the For-Sale
Component; or [iii] the developer of the For Sale Component pays fees in lieu of constructing the
remaining affordable units required for compliance with the Inclusionary Zoning Regulation's 12.5%
requirement for the For-Sale Component. In the event that the developer of the For Sale Component
pays in lieu fees pursuant to (b)[iii], the City will place such fees in an account and shall return such
Page 8 of 9
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monies to the developer of the For Sale Component, with accrued interest, when the developer of the
Rental Component has secured financing for the entire Rental Component, to the satisfaction of the
City Manager. No Council resolution waiving the concurrent construction requirement of the
Inclusionary Zoning Regulations shall be effective unless in compliance with the foregoing.
10. Aerial Photo.
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Section 5. The use, development, improvement, and maintenance of the Project area shall be
governed by the provisions of the R-M, Multi-Family Residential Zoning District and of the Dublin
Zoning Ordinance except as provided in the Stage 1/Stage 2 Development Plan.
Section 6. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this ls`
day of September 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
G: (Arroyo Vista I PC PHI CC Ordinance PD. DOC
Page 9 of 9
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RESOLUTION NO. XX - 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A WAIVER TO CHAPTER 8.68 OF THE DUBLIN MUNICIPAL CODE
RELATED TO AFFORDABILITY, PREFERENCE POINT, CONCURRENT CONSTRUCTION,
EQUIVALENT BEDROOM SIZE AND DISPERSAL REQUIREMENTS FOR THE ARROYO
VISTA PROJECT LOCATED AT 6700 DOUGHERTY ROAD
(APN 941-0007-001-07)
PA 07-028
WHEREAS, Eden Housing Inc. and Citation Homes Central (hereafter the "Developer")
submitted an application (PA 07-028) to the City regarding a 24.13 acre parcel ("Arroyo Vista") located at
6700 Dougherty Road for the demolition of the existing residential development and the construction of a
new project with up to 378 residential dwelling units, daycare facility, community building and related
improvements; and
WHEREAS, the rental component of the Project will be constructed and managed by Eden
Housing Inc., and will consist of 130 affordable family rental units (129 income restricted units and one
live-in manager's unit), and 50 rental senior apartments (49 1-bedroom income-restricted apartments and
one live-in manager's unit) and will replace the existing 150 public housing units on the site (the "Rental
Component"); and
WHEREAS, the for-sale component of the Project will be constructed by Citation Homes Central,
and will consist of 198 market-rate units, which will include 14 for-sale units (the "For-Sale
Component"); and
WHEREAS, the City's Inclusionary Zoning Ordinance (Dublin Municipal Code Chapter 8.68,
hereafter the "Inclusionary Ordinance") requires that 12.5% of the units in a new residential for-sale or
rental development project consisting of 20 units or more must be affordable to households with very low-
, low-, or moderate incomes, and of these affordable units, 30% must be very low-income units, 20% must
be low-income units and 50% must be moderate-income units (the "affordability requirement"); and
WHEREAS, the Inclusionary Ordinance also requires the affordable units: 1) to be constructed
concurrently with the market-rate units (the "concurrent construction requirement"); 2) to reflect the range
of numbers of bedrooms provided in the project as a whole (the "equivalent bedroom requirement"); 3) to
not be distinguished by exterior design, construction, or materials (the "design requirement") ;and 4) to be
reasonably dispersed throughout the project (the "dispersal requirement"); and
WHEREAS, the Inclusionary Ordinance requires qualified owners and tenants to be selected
pursuant to the preference point system set forth in the Inclusionary Ordinance (the "preference
requirement"); and
WHEREAS, the City may waive the requirements of the Inclusionary Ordinance and approve
alternate methods of compliance with the Inclusionary Ordinance if the applicant demonstrates, and the
City Council finds, that such alternate methods satisfy the purposes of the Inclusionary Ordinance; and
ATTACHMENT 5
WHEREAS, the For-Sale Component does not satisfy the number of affordable units required by
the Inclusionary Ordinance, and the Rental Component exceeds the required number of affordable units;
and
WHEREAS, to remedy the Project's inconsistency with the Inclusionary Ordinance, the
Developer proposes that the Council consider the Rental Component and For-Sale Component as one
project for purposes of the Inclusionary Ordinance; and
WHEREAS, the Developer requests a waiver from some of the requirements of the Inclusionary
Ordinance, including permission to calculate the affordable units required in the Rental Component and
the For-Sale Component in the aggregate for the entire development; and
WHEREAS, the Rental Component and For-Sale Component, in the aggregate, exceed the 12.5%
affordability requirement of the Inclusionary Ordinance by providing a total of 192 affordable units (42
more affordable units than exist on the site today) and providing deeper affordability than required by the
Ordinance; and
WHEREAS, the Developer requests a waiver from the affordability requirement of the
Inclusionary Ordinance so that the Rental Component can be constructed without any moderate-income
units and the For-Sale Component can be constructed without any very low-income or low-income units;
and
WHEREAS, the Developer requests a waiver from the preference point requirement of the
Inclusionary Ordinance so that aone-time exception would be provided to enable existing and former
Arroyo Vista residents to receive express preference for all affordable units in the Project; and
WHEREAS, the Developer requests a waiver from the requirement of concurrent
construction because certain financing and regulatory constraints may impede Eden Housing Inc.'s ability
to initiate construction of the affordable rental units prior to or concurrently with Citation Homes
Central's construction of the market-rate units; provided however, Citation Homes Central will construct
the affordable for-sale units concurrently with the market-rate for-sale units; and
WHEREAS, the Developer requests a waiver from the equivalent bedroom requirement because
Citation Homes Central plans to construct some 4-bedroom market-rate, for-sale units but no 4-bedroom
affordable, for-sale units; and
WHEREAS, the Developer requests a waiver from the dispersal requirement because the Rental
Component is 100% affordable and therefore the affordable rental units will be clustered together;
provided however, Citation will disperse the affordable for-sale units throughout the For Sale Component.
NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council hereby finds that:
A. The Developer's alternate methods of compliance with the affordability, preference point,
concurrent construction, equivalent bedroom size and dispersal requirements of the Inclusionary
Ordinance meet the purposes of the Inclusionary Ordinance and constitute alternate methods of
compliance.
B. The Council waives the affordability, preference point, equivalent bedroom size and dispersal
requirements of the Inclusionary Ordinance and approves Developer's alternate methods of
compliance.
~> I 1 <>~-- ~-~ t; -"i
C. The Council waives the concurrent construction requirement of the Inclusionary Ordinance
provided: (a) the affordable for-sale units in the For-Sale Component are constructed concurrently
with the market rate for-sale units in the For-Sale Component to a maximum of 126 for-sale units
(112 market rate units and 14 affordable units); and (b) no building permit shall be issued for any
units in the For-Sale Component in excess of 126 units unless [i] Eden has secured financing for
the entire Rental Component, to the satisfaction of the City Manager; [iiJ Citation constructs
affordable units that, together with the 14 affordable units, satisfy the Inclusionary Ordinance's
requirements for the For-Sale Component; or [iii] Citation pays fees in lieu of constructing the
remaining affordable units required for compliance with the Inclusionary Ordinance's 12.5%
requirement for the For-Sale Component. In the event that Citation pays in lieu fees pursuant to
(b)[iii], the City will place such fees in an account and shall return such monies to Citation, with
accrued interest, when Eden has secured financing for the entire Rental Component, to the
satisfaction of the City Manager.
D. The Council finds that treating the Rental Component and For-Sale Component as one project for
purposes of the Inclusionary Ordinance meets the purposes of the Inclusionary Ordinance because
more affordable units will be created and deeper affordability will be provided than required by
the Inclusionary Ordinance.
PASSED, APPROVED AND ADOPTED this 1st day of September 2009 by the following vote:.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G.•IArroyo VistaICCPH1CCReso Inclusionnry Waiver.doc