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Home My WebLink AboutItem 6.1 InclusionaryZoning CITY CLERK File 1# D@~~-[gJ[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 15, 2005 Public Hearing - P A-OI-038 Amendments to the Inelusionary Zoning Regulations Clarifying the Sales Price for very Low-Income Units, Adding Additional Priorities for Selection of Occupants of lnelusionary Affordable Units, and Other Clarifying Amendments - rd Reading Report Prepared by: Julia Abdala, Housing Specialist SUBJECT: ATTACHMENTS: RECOMMENDA nON: ~' FTNANCTAL STATEMENT: 1. Ordinance approving amendments to Chapter 8.68 of the Dublin Municipal Code Relating to the lnelusionary Zoning Re~,'ulations 1. 2. 3. 4. S. 6. Open Public Hearing Hear Staff Presentation Take Public Testimony Close Public Hearing Deliberate Waive the second reading and adopt the Ordinance amending Chapter 8.68 of the Dublin Municipal Code related to amendments to thc lnelusionary Zoning Regulations No tlscal impact in the listed amendments to the lnelusionary Zoning Regulations On March 1, 2005, the City COUIlcil introduced this Ordinance ame!1ding the Inelusionary Zoni!1g Rcgulations (Chapter 8.68) ofthc Dublin Municipal Code. The amendment would change the following items in Chapter 8.68, the lnelusionary Zoning Regulations: 1. The method of calculating sale prices for very low-income "for sale" lnclusionary UIlits, basing the price on the maximum income level of the very low-income category; 2. Provide one preference point to two additional categories for purposes of occupant selection. The first added category provides one preference point for any applicant for an Inelusionary Unit who is a member of the immediate family of a person that lives in Dublin and has lived in Dublin for over a year, The second added category provides one preference point for any very low-, low- and moderate-income applicant that lives in Dublin and is required to relocate due to proposed demolition of the current housing or the conversion to condominiums; and 3. Clarifying the requirement that developers ofInclusionary rental UIlits that have entered into agreements with the City of Dublin tor the provision of affordable units for certain income COPTES TO: In-House Distribution l~~ ITEMNO.~ G:\PA#\2001 \OI-03~ InclusiQßary ZOA \CC\CC S'taff Report.2nd readulg Incl Ord.AInends 3 -lS-05.ùOC y levels, restrict the occupancy to those whose mO!1thly income levels does not exceed very IQw-, low- and moderate-income levels as the case may be. RECOMMENDATION: Staff recommends that the City Council I) Open Public Hearing 2) Hear Staff Presentation, 3) Take Public Testimony, 4) Closc Public Heari!1g, 5) Deliberate 6) Waive the second reading and adopt the Ordinance amending Chapter 8.68 of the Dublin Municipal Code related to amendments to the Inclusionary Zoning Regulations. 2"tà IJbP ORDINANCE NO. - 05 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 8.68 OF THE DUBLIN MUNICIPAL CODE (THE TNCLUSIONARY ZONING REGULATIONS) RELATING TO SALES PRTCES OF VERY LOW-TNCOME UNITS AND PREFERENCES FOR OCCUPANCY OF INCLUSIONARY UNTTS The City Council ofthe City of Dublin does hereby ordain as follows: Section 1. Amendment of Section 8. 68JJ20: Subdivision A of Section 8.68.020 of the 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. I. Rental UIlits 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 arc deemed affordable units if the sales price results in annual housing expcuses that do not exceed 35% of income level tor very-Iow-, low-, and moderate-income households, ad'usted for household size and as defined below. æ,l)¡j Scction 2. Amendment çfSection 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 IncIusiouary Zoning Requirements A. Agreements. Prior to the issuance of a building permit for an affordable unit, resalc restrictions or rcutal 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 bc 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 bi!1d 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 whosc monthly income levels do not exceed¥~!(I(I!i!l moderate income levelst~'!i~êiJ!~ iiii I 'i!'IHand shall preelude tenants from subletting or subleasing the unit. The agreement shall also require the owner of the affordable unit to submit an annual report to the City Manager, 1 ATIAéHMENT tø( ;)~ in a format approved by the City. The report shall include, but not be limited to the following information: an idcntification of the affordable units within the project; thc monthly rents charged and proposed to be charged; vacancy information for thc prior year; and the monthly income for tenants of cach aftordablc unit throughout thc prior year. C. Ownership Units; Occupancy; City's Right of First Refusal. Agreements for ownership units shall specify that the inelusionary 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 ofthc sale of an affordable unit, the City shall have the right to purchase any atfordable 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 houschold's eligibility. Eligiblc potential occupants of affordablc 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 Dcvelopment, all sources of household income and assets, the relationship between household sizc and the size of available units, and any tùrther 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 distinguish bctween adults and children. Sclection of qualified person should be based on priorities established using the point system described below: · Employed within the boundaries of the City of Dublin (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 (I point, one per household) · Permanently disabled (I point, one per household) · ~j¡;"IiWi£íi~UJIi:;¡¡llIl!i!Ø,~,I~I!i1B!iIJ'øV·"J!i¡¡,,;¡milfireì1¡¡;-!JlJiI!!lII.I~I~ml!lliill~1JII~1¡¡\IWí!il:!lllililll1!ljIJ¡tt¡¡1J!IIHIJI! ~m~~,~~.I,~~1.~K~l~i~OOI',',n¡ \:~~~~~t\,P;~Î\M~~~~II~"ßN,~..,,'::PM'r~'W\ ,~M"J,~v\~æJf~~~ · ;\I':":I,,~ ../?/i To qualify as "Employed within the boundaries of the City of Dublin", the person shall have bcen employed with thc 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." 2 ?q-þ Section 3. Cçmpliance with California Environmental Quality Act ("CEQA 'J: The City Council dcelares that this ordinance is exempt from CEQA based on the following findings: This ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, becausc it has no potential for resulting in physical change in the environment, directly or ultimately. This ordinaDce does not, in itself, allow the construction of any building or structure. This ordinance, therefore, has no potcntial 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 detennined invalid or unconstitutional, such section or portion shall be deemed severable aDd all other sections or portions hereof shall remain in full forcc and effcct. Section 5: Savings Clau.çe: All codc provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as thcy are substantia1ly the same as existing code provisions relating to the samc subject matter shall be construed as restatements and continuations thercof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to rCtnain in full force fm the purpose of sustaining any proper suit, action, or other procecdings, with respcct to any such violation, right, liability or appeaL Scction 6. Effective Date and Posting of Ordinance: This ordinance shall take effect and be in force thirty (30) days fiom 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 ofCaJifornia. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this _ day of_ 2005, by the toll owing votes: AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK G:\PA#\2001 \01-038 ¡nelusionary zOA \PC\PC Ordinance Amending Incl om 2 -8"()5 (2).DOC 3