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Home My WebLink AboutOrd 08-05 InclusionaryUnitsOccu ORDINANCE NO.8 - 05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ~ * * * ~ * * . ft AMENDING CHAPTER 8.68 OF THE DUBLIN MUNICIPAL CODE (THE INCLUSIONARY ZONING REGULA nONS) RELATING TO SALES PRICES OF VERY LOW-INCOME UNITS AND PREFERENCES FOR OCCUPANCY OFINCLUSIONARY UNITS The City Council of the City of Dublin does hereby ordain as follows: Section L Amendment of Section 8.68.020: Subdivision A of Section 8.68.020 ofthe Dublin Municipal Code is amended to read as follows: "A. "Affordable Unit" means an ownership or rental-housing unit, including senior housing, affordable to households with very-low, low, or moderate incomes as defined in this chapter. 1. Rental units are deemed affordable units if the annual rent does not exceed 30% of maximum income level for low- and moderate-income households, adjusted for household size and as defined below. 2. Owner-occupied units are deemed affordable units ¡fthe sales price results in annual housing expenses that do not exceed 35% of income level for very-Iow-, low-, and moderate-income households, adjusted for household size and as defined below. For a verv low-income owner-occupied units. the upit shall be deemed an affordable unit if the sales price results in annual housing expenses that do not exceed 35% ofthe maximum in the very low-income level. adiusted for household size and as defined below" Section 2. Amendment qfSection 8.68.050. Subdivision B of Section 8.68.050 of the Dublin Municipal Code is amended to read as follows: "General Procedures for Implementing Inclusionary Zoning Requirements A. Agreements. Prior to the issuance of a building permit for an affordable unit, resale restrictions or rental controls, or both, as the case may be, shall be set forth in an agreement between the City and the developer, in a form consistent with the City Council-adopted form agreement, which agreement shall be recorded against the property containing the affordable units. The agreement shall be executed by the City Manager, and its requirements shall run with the land and bind the applicant's successors. B. Rental Units; Occupancy; Annual Report. Agreements involving rental units shall require the owner of the affordable units to ensure that the units are occupied by tenants whose monthly income levels do not exceed very low-. low-. or moderate income levels. as the case may be. and shall preclude tenants rrom subletting or subleasing the unit. The agreement shall also require the owner of the affordable unit to submit an annual report to 1 the City Manager, in a format approved by the City. The report shall include, but not be limited to the following information: an identification of the affordable units within the project; the monthly rents charged and proposed to be charged; vacancy information for the prior year; and the monthly income for tenants of each affordable unit throughout the prior year. C. Ownership Units; Occupancy; City's Right of First Refusal. Agreements for ownership units shall specifY that the inclusionary units must be occupied by the owner or owners and may not be leased or rented without the written approval of the City. The resale restrictions shall provide that in the event of the sale of an affordable unit, the City shall have the right to purchase any affordable owner-occupant unit at the maximum price that could be charged to an eligible household. D. Selection Criteria. No household shall be permitted to occupy a unit that is required under this chapter to be affordable unless the City or its designee has approved the household's eligibility. Eligible potential occupants of affordable units will be qualified on the basis of household income, the median combined household income statistics for Alameda County published periodically by the California Department of Housing and Community Development, all sources of household income and assets, the relationship between household size and the size of available units, and any further criteria required by law. The developer shall use an equitable selection method established in conformance with the terms of this chapter. The selection criteria may not distinh'\.lÎsh between adults and children. Selection of qualified person should be based on priorities established using the point system described below: · Employed within the boundaries of the City of Dub1in (3 points, one per household) · Public Service employee working in the City of Dublin (1 additional point) · Dublin resident (3 points, one per household) · Seniors (1 point, one per household) · Permanently disabled (I point, one per household) · Immediate family member of Dublin resident (l point, one per household) · Required to relocate ITom current Dublin residence due to demolition of dwelling or conversion of dwelling from rental to for-sale unit (1 point, one per household) To qualify as "Employed within the boundaries of the City of Dublin", the person shall have been employed with the City of Dublin for at least six months. To qualify as a "Dublin resident," the person shall have been a resident of the City of Dublin for at least a one-year period prior to the eligibility determination" Section 3. Compliance with California Environmental Quality Act ('CEQA "): The City Council declares that this ordinance is exempt ITom CEQA based on the following findings: This ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because 2 Section 5: Savings Clause: All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date ofthis ordinance, under any chapter, ordinance, or part of an ordinance shaH be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. Section 6. Effective Date and Posting of Ordinance: This ordinance shaH take effect and be in force thirty (30) days ITom 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. it has no potential for resulting in physical change in the environment, directly or ultimately. This ordinance does not, in itself, allow the construction of any building or structure. This ordinance, therefore, has no potential for resulting in physical change in the environment, directly or ultimately. Section 4. Severability: In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. PASSED AND ADOPTED BY the City Council ofthe City of Dublin, on this 15th day of March, 2005, by the foHowing votes: AYES: Council members Hildenbrand, McCormick, Oravetz and Mayor Lockhart NOES: None ABSENT: Councilmember Zika , ,1,t1¥~~£'AjØAY J1..YOR ABSTAIN: None K'/G/3.15.05/ord 8.05 inclusiona!)' (Item 6.1) G:\PA#\2001\OJ..o38. Incl\L~ionary ZOA\PC\PC ordiImnce Amending ~ncl Ord 2-8-O~ (2).DOC 3