Loading...
HomeMy WebLinkAboutOrd 12-05 AffordHousImpactFee ORDINANCE NO. 12 - 05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * ~ * * * * . * ADDING CHAPTER 7.86 OF THE DUBLIN MUNICIPAL CODE ESTABLISHING A NONRESIDENTIAL DEVELOPMENT AFFORDABLE HOUSING IMPACT FEE The City Council of the City of Dublin does hereby ordain as follows: Section 1. Findings: The City of Dublin finds that: A. The citizens of Dublin are experiencing a housing shortage for very low-, low- and moderate-income households. B. A goal of the Housing Element of the City's General Plan is to achieve a balanced community with housing available for households of a range of income levels. C. Persons with very low-, low-, and moderate-incomes that currently live and/or work in the City are increasingly unable to locate housing at prices they can afford, and often become excluded fÌ'om living in the City. D. Federal and State housing subsidy programs are insufficient by themselves to satisfY the housing needs of very low-, low- and moderate-income households. E. The newly constructed housing market does not, to any appreciable extent, provide housing affordable by very low-, low-, and moderate-income households, except as required by the City's Inclusionary Zoning Regulations, and continued new nonresidential development that does not include affordable housing to meet such demand will serve to further aggravate the current housing shortage by reducing the supply of developable land. - F. Increased nonresidential development has the effect of creating an increased demand for affordable housing. G. The courts have upheld fees imposed on nonresidential development to mitigate the impacts of such development on the affordability of housing based on studies that demonstrate the relationship between nonresidential development and an increased demand for affordable housing. H. It is a public purpose ofthe City, and a public policy of the State as mandated by the requirements of the Housing Element of the City's General Plan, to make available an adequate supply of housing for persons of all economic segments of the community. To that end, the Council adopts this ordinance. Section 2. Addition of Chapter 7.86 to Municipal Code. Chapter 7.86, entitled "Nonresidential Development Affordable Housing Impact Fee," is added to the Dublin Municipal Code to read as follows: Page t of 3 CHAPTER 7.86 NONRESIDENTIAL DEVELOPMENT AFFORDABLE HOUSING IMPACT FEE 7.86.10 Purpose. The Purpose of this chapter is to: In order to implement goals and objectives of the City of Dublin' s General Plan and Specific Plans, and to mitigate the impacts caused by future development in the City, affordable housing units must be constructed. The City Council has determined that a nonresidential development affordable housing impact fee is needed in order to finance affordable housing at income levels affordable to the workforce for such nonresidential developments, and to pay for each nonresidential developer's fair share of the construction and acquisition costs of such affordable housing. In establishing the fee described in the following sections, the City Council has found the fee to be consistent with its General Plan and Specific Plans and, pursuant to Governrnent Code Section 65913.2, has considered the effects of the fee with respect to the City's housing needs as established in the Housing Element of the General Plan. The goal of this chapter is to impose a fee on new nonresidential development that funds or partially funds the need for affordable housing created by the workforce ofthis new development. 7.86.20 Nonresidential Development Affordable Housing Impact Fee Established. A. A nonresidential development affordable housing fee ("fee") is established to pay for housing affordable to households of very low, low and moderate income. B. The City Council shall, in a Council resolution adopted after a duly noticed public hearing, £Tom time to time set forth the amount of the fee, identifY the purpose of the fee and the use to which the fee is to be put, and, determine how there is a reasonable relationship between the fee's use and the need for affordable housing and determine how there is a reasonable relationship between the amount of the fee and the cost ofthe affordable housing. 7.86.030 Use offee revenues. A. The revenues raised by payment of the nonresidential development affordable housing impact fee shall be accounted for in the City's Affordable Housing Fund. Separate and special accounts within the fund shall be used to account for revenues, along with any interest earnings on such account. These monies shall be used solely to increase the supply of housing affordable to households of very low, low and moderate income. Section 3. Compliance with California Environmental Quality Act ("CEQA ''): The City Council declares that this ordinance is exempt ftom CEQA based on the following findings: This ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because 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 jnvalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Page 2 of 3 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 of this ordinance, under any chapter, ordinance, or part of an ordinance shall 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 shall take effect and be in force thirty (30) days £Tom 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 AND ADOPTED BY the City Council of the City of Dublin, on this 3,-d day of May, 2005, by the following votes: AYES: Councilmembers Hildenbrand, Oravetz and Mayor Lockhart NOES: Councilmembers McCormick and Zika ABSENT: None ABSTAIN: None YOR ATTEST: K'/G/S-3-OS/ord 12-05 fee-nonres affordable housing (Item 65) 733689v1;114.3001 Page 3 of 3