HomeMy WebLinkAboutItem 8.9 PA 91-001 Planned Dev rezon to amend cond #54 of CC reso no 32-89TO:
FROM:
PREPARED BY:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: August 5, 1991
Planning Commission
Planning Staff
Dennis Carrington, Senior Planner
Robert Schubert, Contract Planner
SUBJECT: PA 91-001 JL Construction; Dublin Meadows
GENERAL INFORMATION:
PROJECT: Planned Development Rezoning to amend
Condition #54 of City Council Resolution
No. 32-89 to allow the option of paying an
in -lieu fee rather than providing rental
units.
APPLICANT/OWNER: JL Construction Company
Attn: Ray Young
5966 La Place Court
Carlsbad, CA 92008
LOCATION: South of Amador Valley Boulevard
South and East of Stagecoach Drive
ASSESSOR PARCEL:
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
SURROUNDING LAND
USE AND ZONING:
941-2765-82 through 296
17.45± acres
Medium density residential (6.1 to 14.0 units
per acre) and Open Space; Stream Corridor
PD (Planned Development) Zoning Unit 1497 for
a total of 309 units on this vacant property
and the already developed Phase 1 property
North:
South:
East:
West:
PD, Single -Family and Medium
Density
PD, Residential
PD, Residential & Commercial
Southern Pacific right-of-way
ITEM NO. 8,l
COPIES TO: Agenda/General File
Planning/Address File
Applicant/Owner PAGE
Project Planner
OF
ZONING HISTORY:
Heritage Commons was approved as a Planned Development by
Alameda County in November, 1981. At that time, 309 attached
residential units were approved. To date, Phase One, originally
approved for 79 units was developed with 73 units.
The 73 units were developed after a Conditional Use Permit
was processed and approved by the Dublin Planning Commission in
October, 1983. The 1983 Conditional Use Permit included:
changes in the bedroom mix (one -bedroom units were added and the
number of 2 and 3 bedroom units was decreased); stacked flats
were eliminated in favor of all townhouse units; and the garages
and driveways were redesigned to permit parking in the driveway.
In 1989 the City Council approved a rezoning of the 17.45
acre undeveloped portion of the site to a Planned Development
(PD) District for a residential development of 206 multiple
family units (PA 88-009.1).
APPLICABLE REGULATIONS:
Section 8.12 (Draft Rental Availability Ordinance) contains
rental availability requirements for new multi -family residential
developments of more than ten (10) units. The draft Ordinance
requires that 10% of the total dwelling units within the
development be rental units for a period of five (5) years. The
obligation to provide rental units may be satisfied by the
Applicant's payment of in -lieu rental fees.
ENVIRONMENTAL REVIEW: A Negative Declaration of Environmental
Impact was prepared for General Plan Amendment 91-001 which
includes PA 91-001.
NOTIFICATION: Public Notice of the July 1, 1991 hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in the County Clerk's office and other public
buildings.
ANALYSIS:
This item was continued from the July 1, 1991 Planning
Commission hearing to allow revisions to the Planned Development
Rezone.
The Applicant, JL Construction Company, requests approval to
amend Condition #54 of City Council Resolution No. 32-89
(Resolution Approving a PD Rezoning for Heritage Commons, PA 88-
009). Condition #54 currently reads as follows:
The developer shall provide guarantees that a minimum of 10%
of the multi -family units in the project shall be maintained
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as rental units for a period of five years. The document
providing said agreement shall be subject to review and
approval by the City Attorney. Developer agrees that until
the Condition has been satisfied, there shall be no
conversion of condominium units for sale.
The Applicant requests that Condition #54 be amended to
allow the option of paying an in -lieu fee rather than providing
rental units. Condition #54 would be revised to read as follows:
"The Developer shall provide guarantees in the form of
a deed restriction that a minimum of 10% of the multi-
family units in the project shall be maintained as
rental units for a period of five years or that an in -
lieu rental fee of $10,808 per rental unit be paid in
accordance with the Rental Availability Ordinance. that
would -be -computed -as -follows : --The-required-number-ef
rental -units -shall -be -multiplied -tunes -the -amount
neeessarp-to-subsidise-the-rental-of-a-three-bedroom
market -rate -apartment -for -five -years -for -a -family -of
five-earning-80%-of-the-Alameda-County-median-ineeme;
where-no-mere-than-30%-of-ineeme-is-to-be-spent-on
rent.---The-amount-ef-the-in-lieu-rental-fee-is
determined -rising -the -following -table
Family-of-Rive7--Alameda-County-Median-ineeme-of-$467850
Pereent---Market---Affordable---Di€ferenee---12-Mos---5-prs--The-value-ef
--ef Rent Rent the -first
Median year's -rent
Income plus-4-years
at-4%-pearly
adjustment -for
rent -increases
80% $1,100 $937 $163 $17956---$9,780 $10-594
Twenty-one units shall be maintained as rental units.
Developer shall record the Deed Restriction requiring
that the twenty-one rental units, which shall be
enumerated in said deed restriction, be maintained as
rental units for a period of five years. The five year
period shall commence with the granting of final
occupancy of each rental unit. The Deed Restriction
shall be submitted for review and approval by the
Planning Director and City Attorney, and shall be
recorded prior to the issuance of any project building
permit.
If elected by the developer, the in -lieu rental fee for
twenty-one units is $2227474-f21-x-$10 594700t
$226,968.00 (21 x $10,808.00). An amount equal to
1/206th of the total in -lieu rental fee of $2227474:00
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$226,969.00 shall be paid for each unit or $17879:97
$1,101.79. The in -lieu rental fee would be reduced
proportionately if at least 10% of the units are rented
during the five year period after final occupancy of
each rental unit.
The in -lieu rental fees shall be paid as follows:
1. No later than 30 days from the date of adoption of
the Planned Development Rezoning Ordinance for those
units which have already received final inspections,
and
2. Prior to final inspection for those units which
have not received final inspection."
RECOMMENDATIONS:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Take action regarding the Planned Development
Rezoning or give Staff and Applicant direction and
continue the matter.
ACTION: Staff recommends that the Planning Commission approve
a resolution recommending that the City Council approve
the Planned Development Rezoning to amend Condition #54
of City Council Resolution No. 32-89 to allow the
option of paying an in -lieu rental fee rather than
providing rental units.
ATTACHMENTS:
Exhibit A:
Resolution recommending City Council approve the
rezoning to amend Condition #54 of City Council
Resolution No. 32-89 to allow the option of paying
an in -lieu fee rather than providing rental units.
Exhibit B: Page 14 of City Council Resolution No. 32-89.
Exhibit C: Draft City Council Ordinance
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RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF A PLANNED DEVELOPMENT REZONING PA 91-
001 TO AMEND CONDITION #54 OF CITY COUNCIL RESOLUTION NO. 32-89 (PA 88-009)
TO ALLOW THE OPTION OF PAYING AN IN -LIEU RENTAL FEE
RATHER THAN PROVIDING RENTAL UNITS
FOR HERITAGE COMMONS - J.L. CONSTRUCTION
WHEREAS, JL Construction Company has requested approval of a Planned
Development Rezoning to amend Condition #54 of City Council Resolution No.
32-89 to allow the option of paying an in -lieu rental fee rather than
providing rental units; and
WHEREAS, notice of the Planning Commission public hearing was
published in the local newspaper and posted in the City Clerk's Office and
in other public buildings in accordance with California State Law; and
WHEREAS, the requested amendment to Condition #54 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; which
Environmental Impact Report addressed impacts of the future development of
the City of Dublin; and which impact of said development of the General
Plan exceed the impacts of General Plan Amendment 91-001, including Planned
Development Rezoning PA 91-001; and
WHEREAS, on August 5, 1991, the Planning Commission adopted Resolution
No. recommending City Council certification of the Negative
Declaration as adequate and complete; and
WHEREAS, the Planning Commission considered all written and oral
testimony submitted at the public hearing.
WHEREAS, data indicating the amount of cost, or estimated cost,
required to provide the housing for which the in -lieu rental fee is levied
and the revenue sources anticipated to provide the housing, including
General Fund revenues were made available to the public at least 10 days
prior to the public hearing; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby recommend that the City Council approve the requested amendment
to Condition #54, of City Council Resolution No. 32-89 (PA 88-009) as shown
on Attachment 1 attached hereto.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT amending Condition #54 of
Resolution No. 32-89 adopted by the City Council on March 27, 1989, does
not cause the remainder of that resolution to be superseded.
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EXHIBIT A
PAGE OF 180
PASSED, APPROVED AND ADOPTED this 5th day of August, 1991.
AYES: /'
NOES: A)
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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ATTACHMENT 1
54. The developer shall provide guarantees in the form of a deed
restriction that a minimum of 10% of the multi -family units in the
project shall be maintained as rental units for a period of five years
or that an in -lieu rental fee of $10,808 per rental unit be paid in
accordance with the draft Rental Availability Ordinance. -that -would-be
eamputed-as-fellows:--The-required-number-ef-rental-units-shall-be
multiplied-times-the-amount-neeessary-te-subsidize-the-rental-ef-a
three-bedroom-market-rate-apartment-for-five-years-for-a-family-ef
five-earning-80%-ef-the-Alameda-Ceunty-median-ineeme-,-where-ne-more
than-38%-ef-ineeme-is-to-be-spent-en-rent---The-amount-ef-the-in-lieu
rental -fee -is -determined -using -the -following -table:
Family-ef-Five:--Alameda-Ceunty-Median-ineeme-ef-$4678587
Pereent---Market---Affordable---Differenee---12-Mes---5-yrs--The-value-ef
--of Rent Rent the -first
-Median years -rent
ineeme plus-4-years
at-4%-pearly
adjustment -for
rent-fnereases
80% $1,100 $937 $163 $17956----$97780----$10 594
Twenty-one units shall be maintained as rental units. Developer shall
record the Deed Restriction requiring that the twenty-one rental
units, which shall be enumerated in said deed restriction, be
maintained as rental units for a period of five years. The five year
period shall commence with the granting of final occupancy of each
rental unit. The Deed Restriction shall be submitted for review and
approval by the Planning Director and City Attorney and shall be
recorded prior to the issuance of any project building permit.
If elected by the developer, the in -lieu rental fee for twenty-one
units is $2227474700-f21-x-$10 594-68) $226,968 (21 x $10,808.00). An
amount equal to 1/206th of the total in -lieu rental fee of $2227474700
$226,968.00 shall be paid for each unit or $17079797 $1,101.79. The
in-lieu-rental-fee-would-be-redueed-prepertienateiy-if-at-least-l8%-of
the-units-are-rented-during-the-five-year-period-after-oeeupaney-ef
eaeh-rental-unit-
The in -lieu rental fees shall be paid as follows:
1. No later than 30 days from the date of adoption of the
Planned Development Rezoning Ordinance for those units which have
already received final inspections, and
2. Prior to final inspection for those units which have not
received final inspection.
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OF
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54
52. Should the units be initially occupied as apartme _ units, the
following reports shall be filed with, and approved by, the City
Engineer at the time the units are put up for individual sale.
A. A report by a licensed roofing contractor certifying that the
roofs of all the structures are in good condition and not likely
to be in need of replacement for at least 10 years. A reserve
deposit may be established to cover the estimated prorated costs
of roof replacement where replacement will be required prior to
10 years.
B. A report by a professional Engineer attesting, to the extent
reasonably feasible, that the structure of all buildings,
pavements, storm draininage facilities, and the interior and
exterior plumbing, electrical systems, and utility and mechanical
equipment to be owned in common, or as part of the individual
condominiums, are in good and serviceable condition.
C. A report by a licensed painting contractor that paint throughout
the project is in good condition and that the building exteriors
should not require repainting for at least five years. A reserve
deposit may be established to cover the estimated prorated costs
for the repainting of the units where repainting will be required
prior to a 5-year period.
D. A report by a licensed termite and pest control specialist
certifying that the structures are free of infestation and
structural damage caused by pests.
53. Should the units be initially occupied as apartment units, all
appliances shall either be replaced with new units or the initial
buyers provided with a one -year's parts and warranty guarantee on all
appliances at the time the units are put up for individual sale.
54. The developer shall provide guarantees that a minimum of 10% of the
multi -family units in the project shall be maintained as rental units
for a period of five years. The document providing said agreement
shall be subject to review and approval by the City Attorney.
Developer agrees that until the Condition has been satisfied, there
shall be no conversion of condominium units for sale.
55. The minimum distances between buildings, building appurtenances and
other project improvements shall comply with the chart in Attachment
The term "building" shall refer to the exterior side of building walls
containing heated space.
Exceptions to the standard setbacks are possible thrDugh review and
approval by the Planning Director through the Site Development Review
process.
(PASS-009.1:Reso CC (FD) 3/27/S9)
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING
ORDINANCE TO PERMIT THE PLANNED DEVELOPMENT
REZONING PA 91-001 TO AMEND CONDITION #54 OF
CITY COUNCIL RESOLUTION NO. 32-89 (PA 88-009) TO ALLOW
OPTION OF PAYING AN IN -LIEN RENTAL FEE RATHER
THAN PROVIDING RENTAL UNITS
FOR HERITAGE COMMONS - J.L. CONSTRUCTION
The City Council of the City of Dublin does ordain as follows:
"Section 1:
Chapter 2 of Title 8 of the Dublin Municipal Code, specifically
Condition of Approval No. 54 of City Council Resolution No. 32-89
(PA 88-009, the Planned Development approving Heritage Commons) is hereby
amended as follows:
54. The developer shall provide guarantees in the form of a deed
restriction that a minimum of 10% of the multi -family units in the
project shall be maintained as rental units for a period of five years
or that an in -lieu rental fee of $10,808 per rental unit be paid in
accordance with the draft Rental Availability Ordinance. -that -would-be
eomputed-as-follows:--The-required-number-of-rental-units-shall-lie
multiplied-times-the-amount-neeessary-te-subsidize-the-rental-ef-a
three-bedroom-market-rate-apartment-for-five-years-for-a-family-ef
five-earrifng-80%-of-the-Alameda-County-median-ineome;-where-no-mere
than-30%-of-ineome-is-to-lie-spent-on-refit---The-amount-ef-the-in-lien
rental -fee -is -determined -rising -the -following -table:
Family-ef-Five7--Alameda-COUnty-Median-Ineeme-ef-$4678587
Pereent---Market---Affordable---Differenee---12-Mes7--5-yrs--The-value-ef
--ef Rent Rent the -first
-Median year'-s-rent
income plus-4-years
at-4%-yearly
adjustment -far
rent-inereases
80% $1,100 $937 $163 $17956----$9 780----$10 594
Twenty-one units shall be maintained as rental units. Developer
shall record the Deed Restriction requiring that the twenty-one
rental units, which shall be enumerated in said deed restriction,
be maintained as rental units for a period of five years. The
five year period shall commence with the granting of final
occupancy of each rental unit. The Deed Restriction shall be
submitted for review and approval by the Planning Director and
EXHIBIT c
PAGE q OF ► 0
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City Attorney, and shall be recorded prior to the issuance of any
project building permit.
If elected by the developer, the in -lieu rental fee for twenty-
one units is $2227474700-f21-x-$107594700) $226,968.00 (21 x
$10,808.00). An amount equal to 1/206th of the total in -lieu
rental fee of $2227474700 $226,968.00 shall be paid for each unit
or $17079797 $1,101.79. The -in -lieu -rental -fee -would -be -reduced
proportionately-if-at—least-10%-of-the-Units-are-rented-dUring
the-five-year-perled-a€ter-€lnal-eeeupaney-a€-eaeh-Uf1t7
The in -lieu rental fees shall be paid as follows:
1. No later than 30 days from the date of adoption of the
Planned Development Rezoning Ordinance for those units which have
already received final inspections, and
2. Prior to final inspection for those units which have
not received final inspection."
Section 2:
This ordinance shall take effect and be in force upon
payment by the J.L. Construction Company, or its successor in
interest, of the in -lieu rental fees as provided in Section 1
above, but in no event shall this ordinance take effect and be in
force earlier than 30 days from and after the date of its
passage. Before the expiration of fifteen (15) days after its
passage, it shall be published once, with the names of the
council members voting for and against the same, in a local
newspaper published in Alameda County and available in the City
of Dublin.
PASSED, APPROVED AND ADOPTED BY the City Council of the City
of Dublin, on this day of , 1991, by the
following votes:
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
MAYOR
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