HomeMy WebLinkAboutItem 8.3 PA 91-001 JL Constructions; Dub MeadowsCITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: July 1, 1991
TO: Planning Commission
FROM: Planning Staff
PREPARED BY: '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
COPIES TO:
ITEM NO. 8.3
Agenda/General File
Planning/Address F'
Applicant/Owner
Project Planner
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 205 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:
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
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.
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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 fee be paid in accordance with the Rental
Availability Ordinance that would be computed as
follows: The required number of rental units shall be
multiplied times the amount necessary to subsidize the
rental of a three bedroom market rate apartment for
five years for a family of five earning 80% of the
Alameda County median income, where no more than 30% of
income is to be spent on rent. The amount of the in -
lieu rental fee is determined using the following
table:
Family of Five. Alameda County Median Income of $46,850.
Percent Market Affordable Difference 12 Mos. 5 yrs The value of
of Rent Rent the first
Median year's rent
Income plus 4 years
at 4% yearly
adjustment for
rent increases
80% $1,100 $937 $163 $1,956 $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 $222,474 (21 x $10,594.00). An
amount equal to 1/206th of the total in -lieu rental fee
of $222,474.00 shall be paid for each unit or
$1,079.97. 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:
/HSG91001
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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."
RECOMEnpATIONS :
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) Give direction to Staff and continue hearing to
the July 15th Planning Commission meeting.
ACTION: Staff recommends that the Planning Commission give
direction to Staff and continue the hearing to the July
15th Planning Commission meeting.
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
/HSG91001
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PAGE L OF I °
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 July 1, 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.
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EXIIIIT A
PAGE .5 .- OF
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.
PASSED, APPROVED AND ADOPTED this 1st day of July, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
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Planning Commission Chairperson
2
PAGE 4 4F `
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 be paid in accordance with the draft
Rental Availability Ordinance that would be computed as follows: The
required number of rental units shall be multiplied times the amount
necessary to subsidize the rental of a three bedroom market rate
apartment for five years for a family of five earning 80% of the
Alameda County median income, where no more than 30% of income is to
be spent on rent. The amount of the in -lieu rental fee is determined
using the following table:
Family of Five. Alameda County Median Income of $46,850.
Percent Market Affordable Difference 12 Mos. 5 yrs The value of
of Rent Rent the first
Median year's rent
Income plus 4 years
at 4% yearly
adjustment for
rent increases
80% $1,100 $937 $163 $1,956 $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 $222,474.00 (21 x $10,594.00). An amount equal to
1/206th of the total in -lieu rental fee of $222,474.00 shall be
paid for each unit or $1,079.97. The in -lieu rental fee would be
reduced proportionately if at least 10% of the units are rented
during the five-year period after 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.
/atchl
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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
COMvrrtoLI multi -family units in the project shall be maintained as rental units
5 lt 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.
ommommob
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 through review and
approval by the Planning Director through the Site Development Review
process.
[PASS-009.1:Reso CC (FD) 3/27/89]
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EXHIBIT
•
-IIMIIMEMIMIMINNINI i amino" tiism
sI in i Li_
PAGE .1. 4F 12...
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 be paid in accordance with the draft
Rental Availability Ordinance that would be computed as follows: The
required number of rental units shall be multiplied times the amount
necessary to subsidize the rental of a three bedroom market rate
apartment for five years for a family of five earning 80% of the
Alameda County median income, where no more than 30% of income is to
be spent on rent. The amount of the in -lieu rental fee is determined
using the following table:
Family of Five. Alameda County Median Income of $46,850.
Percent Market Affordable Difference 12 Mos. 5 yrs The value of
of Rent Rent the first
Median year's rent
Income plus 4 years
at 4% yearly
adjustment for
rent increases
80% $1,100 $937 $163 $1,956 $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.
/jlord
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pHc
If elected by the developer, the in -lieu rental fee for twenty-
one units is $222,474.00 (21 x $10,594.00). An amount equal to
1/206th of the total in -lieu rental fee of $222,474.00 shall be
paid for each unit or $1,079.97. 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 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."
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
/jlord
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MAYOR
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