HomeMy WebLinkAbout04-22-1997 PC AgendaPLANNING COMMISSION
Regular Meeting - Dublin Civic Center Tuesday - 7:00 p.m.
100 Civic Plaza, Council Chambers
April 22, 1997
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. ADDITIONS OR REVISIONS TO THE AGENDA
5. MINUTES OF PREVIOUS MEETINGS - March 11, 1997
ORAL COMMUNICATION - At this time, members of the audience are permitted to address the Planning
Commission on any item(s) of interest to the public; however, no ACTION or DISCUSSION shall take
place on any item which is NOT on the Planning Commission Agenda. The Commission may respond
briefly to statements made or questions posed, or may request Staff to report back at a future meeting
concerning the matter. Furthermore, a member of the Planning Commission may direct Staff to place a
matter of business on a future agenda. Any person may arrange with the Community Development Director
(no later than 11:00 a.m., on the Tuesday preceding a regular meeting) to have an item of concern placed on
the agenda for the next regular meeting.
7. WRITTEN COMMUNICATIONS - None
8. PUBLIC HEARINGS
8.1
PA 97-010 Amendment to Inclusionary Zoning Ordinance An amendment to
the Inclusionary Zoning Ordinance to allow payment of an in-lieu fee for each dwelling unit
at the time the building permit is issued for that dwelling unit; and to revise the Resolution of
the City Council establishing the method of determining the in-lieu fee to state that the fee
will be charged only for habitable areas and not for garages.
9. NEW OR UNFINISHED BUSINESS
9.1
9.2
Update on the Zoning Ordinance Revision - Results of accessory structure
and recreational vehicle survey and possible Zoning Ordinance amendment
options.
Upcoming Planning Project Schedule
10. OTHER BUSINESS (Commission/Staff Informational Only Reports)
11. ADJOURNMENT
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j CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT for April 22, 1997
PROJECT: PA 97-010,Amendment to Inclusionary Zoning Ordinance
DESCRIPTION: Amendment to Inclusionary Zoning Ordinance to allow payment of
an in-lieu fee for each dwelling unit at the time the building permit is
issued for that dwelling unit;and to revise the Resolution of the City
Council establishing the method of determining the in-lieu fee to
state that the fee will be charged only for habitable areas and not
include garages.
RECOMMENDATION: 1) Open public hearing and hear Staff presentation
2) Take testimony from the public
3) Question Staff and the public
4) Close public hearing and deliberate
5) Adopt resolution(Exhibit A)recommending that the City
Council adopt an ordinance amending the Inclusionary Zoning
Ordinance and recommending that the City Council approve a
resolution revising the method for determining the amount of the in-
lieu fee
PREPARED BY: 111.1 Dennis Carrington, Senior Planner/Zoning Administrator
ANALYSIS:
BACKGROUND
On July 9, 1996, the City Council adopted an ordinance establishing Zoning Ordinance
provisions relating to Inclusionary housing. The Ordinance established a requirement that all
new residential development projects containing 20 units or more provide at least 5% of the units
as Inclusionary Units affordable to Very Low, Low, and Moderate Income households. 2%of
the units would be affordable to Very Low income households earning less than 50%of the
Alameda County median income. 2% of the units would be affordable to Low income
households earning more than 50% but less than 80% of the Alameda County median income.
1% of the units would be affordable to Moderate income households earning more than 80%but
less than 120% of the Alameda County median income.
The Ordinance contains a provision for an in-lieu fee option. The option is worded as follows:
"A fee may be paid by an Applicant in-lieu of providing Inclusionary Units in the project. This
fee must be paid prior to the issuance of the first building permit for the project. The amount of
in-lieu fees shall be established by resolution of the City Council. The in-lieu fee shall be
ITEM NO. 7. + COPIES TO: Internal Distribution
PA File 97-010
PC,.._i r
,in-lieu fees shall be established by resolution of the City Council. The in-lieu fee shall be
adjusted periodically to reflect the change in the Consumer Price Index(CPI),and may also be
adjusted as necessary for changing conditions in the City." The City Council adopted a
resolution establishing a method for determining the amount of an in-lieu fee. The resolution
established a fee based upon a charge of$.75 cents per square foot for multi-family(attached
unit)developments,and$1.00 per square foot for single family(detached unit)developments.
This Ordinance was first implemented in the California Creekside subdivision proposed by
Kaufman and Broad of Northern California. The subdivision is located on the north side of
Dublin Boulevard and west of Tassajara Creek in the Eastern Dublin Specific Plan and consists
of 154 single family units and 123 attached condominium units. Staff prepared a Draft
Affordable Housing Agreement,as required by the Inclusionary Zoning Ordinance,for the
project. Included in that draft agreement was a requirement that all in-lieu fees be paid at the
time of the issuance of the first building permit for the project. Another requirement was that the
fee be paid per square foot for the entire dwelling unit,including the garage.
Representatives from Kaufman and Broad met with Staff and informed them that they would like
to pay the in-lieu fee on a unit-by-unit basis in order to spread out costs over the buildout of the
project. Further,they requested that the fees be applied only to the living areas of the dwelling
units,specifically excluding the garage. Kaufman and Broad requested an interpretation of the
Ordinance by the City Council and on January 21,1997,the City Council directed that the in-lieu
fee be applied to the living areas of dwelling units,specifically excluding garages. Further,the
City Council directed that the in-lieu fee be paid for each dwelling unit at the time the building
permit is issued for that dwelling unit.
REVISIONS TO ORDINANCE AND RESOLUTION
Staff has prepared Exhibit A,a Resolution recommending that the City Council adopt an
Ordinance(Attachment 1)amending Ordinance 14-96 of the City of Dublin establishing Zoning
Ordinance provisions relating to inclusionary housing to allow payment of an in-lieu fee for each
dwelling unit at the time the building permit is issued for that dwelling unit;and to adopt a
Resolution(Attachment 2)revising the method of determining the In-Lieu Fee to state that the
fee will be charged only for habitable areas and not garages.
Ordinance
Section 8.24.080 B,In-Lieu Option,is proposed to be amended as follows:
A fee may be paid by an Applicant in-lieu of providing Inclusionary Units in the project.
This fee must be paid for each dwelling unit at the time the building permit is issued for
that dwelling unit. The amount of In-Lieu Fees shall be established by resolution of the
City Council. The In-Lieu Fee per habitable square foot shall be adjusted periodically to
reflect the percentage change in the Consumer Price Index(CPI),and may also be
adjusted as necessary for changing conditions in the City. If a project provides a portion
of the required number of Inclusionary Units on the project site,the amount of the In-
Lieu fee will be reduced by a percentage which is equivalent to the percentage of
Inclusionary Units provided in each income category.
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The last sentence in the paragraph above,while not in the current Ordinance,is not new
language. The City Council directed that the language be included in the Ordinance during
deliberations and it was omitted due to an oversight.
Resolution
The revised methodology for determining the amount of the in-lieu fee would read as follows:
1. The In-Lieu Fee shall be based upon a charge of$.75 cents per habitable square foot for multi-
family(attached unit)developments,and$1.00 per habitable square foot for single family
(detached unit)developments.
2. The In-Lieu Fee shall be calculated based on the habitable square feet of each dwelling unit,
excluding garages.
3. There shall be no per-unit maximum for the In-Lieu Fee.
4. The In-Lieu Fee per habitable square foot shall be adjusted periodically to reflect the percentage
change in the Consumer Price Index(CPI),and may also be adjusted as necessary for changing
conditions in the City.
5. The In-Lieu Fee shall be paid for each dwelling unit at the time the building permit is issued for
that dwelling unit.
INCORPORATION IN UPDATED ZONING ORDINANCE
The revised Inclusionary Zoning Ordinance is proposed to be incorporated into the updated
Zoning Ordinance when it is adopted and will be re-named the"Inclusionary Zoning
Regulations".
ENVIRONMENTAL REVIEW
A Negative Declaration of Environmental Impact was adopted for the Inclusionary Zoning
Ordinance on June 11,1996. The Negative Declaration was prepared pursuant to the California
Environmental Quality Act(CEQA),State CEQA Guidelines,and the City of Dublin CEQA
Guidelines. The proposed amendments to the Inclusionary Zoning Ordinance address the timing of
payment of in-lieu fees,the means of their calculation,and the amount of funds realized.These
amendments would not have significant impacts on the environment that were not addressed by the
adopted Negative Declaration.The Negative Declaration adopted on June 11,1996 addresses all
impacts of the Inclusionary Zoning Ordinance including the proposed amendments thereto.
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RECOMMENDATION
Staff recommends that the Planning Commission:
1) Adopt Resolution(Exhibit A)recommending that the City Council adopt an Ordinance
(Attachment 1)amending the Inclusionary Zoning Ordinance and recommending that the City
Council approve a Resolution(Attachment 2)revising the method for determining the amount of
the in-lieu fee
GENERAL INFORMATION:
APPLICANT: City of Dublin
100 Civic Plaza
Dublin,CA 94568
LOCATION: Citywide
ENVIRONMENTAL
REVIEW: A Negative Declaration of Environmental Impact adopted on June
11,1996 addresses all impacts of the Inclusionary Zoning Ordinance
and the proposed amendments thereto.
Exhibits:
Exhibit A: Resolution recommending that the City Council adopt an ordinance amending the
Inclusionary Zoning Ordinance and recommending that the City Council approve a
resolution revising the method for determining the amount of the in-lieu fee
Attachments:
Attachment 1: Amended InclusionaryZoning Ordinance
Attachment 2: Revised method for determining the In-Lieu Fee
G:\PA97-010\pcizosr
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RESOLUTION NO.97-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDED
INCLUSIONARY ZONING ORDINANCE AND REVISED METHOD FOR
DETERMINING THE AMOUNT OF THE IN-LIEU FEE
WHEREAS,pursuant to the City of Dublin Housing Element Strategy 1.B.,the
City of Dublin prepared an Inclusionary Zoning Ordinance and method for determining
the amount of the Inclusionary Unit In-Lieu Fee(In-Lieu Fee);and
WHEREAS,the Inclusionary Zoning Ordinance and the method for determining
the amount of the In-Lieu Fee were reviewed in accordance with the provisions of the
California Environmental Quality Act(CEQA)and the Dublin Environmental
Guidelines;and
WHEREAS,an Environmental Impact Report,SCH#84011002,was prepared for
the Dublin General Plan and certified on February 11,1985;which addressed impacts of
the future development of the City of Dublin;and which impacts and analysis exceed the
impacts of the Inclusionary Zoning Ordinance and the method for determining the In-
Lieu Fee;and
WHEREAS,the program proposed in the Inclusionary Zoning Ordinance,
including the method for determining In-Lieu Fees,did not raise any new significant
environmental issues which were not addressed in the Dublin General Plan
Environmental Impact Report,and therefore a Negative Declaration was prepared for said
project pursuant to the California Environmental Quality Act(CEQA),State CEQA
Guidelines,and the City of Dublin Environmental Guidelines and
WHEREAS,a staff report was submitted for PA 96-018,recommending that the
Planning Commission recommend that the City Council adopt a Negative Declaration for
the Inclusionary Zoning Ordinance and establish a method for determining the amount of
the In-Lieu Fee;and
WHEREAS,the Planning Commission held a public hearing on said Inclusionary
Zoning Ordinance,method for determining the amount of the In-Lieu Fee,and Negative
Declaration on May 7,1996,for which proper notice was given in accordance with
California State Law;and
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WHEREAS,the Planning Commission at its May 7,1996,meeting adopted
Resolution 96-14 recommending that the City Council adopt a Negative Declaration,and
approve the draft Inclusionary Zoning Ordinance(including the method for determining
the In-Lieu Fee);and
WHEREAS,the City Council on June 11,1996,adopted Resolution 80-96
adopting a Negative Declaration for the Inclusionary Zoning Ordinance and establishing
a method for determining the amount of the In-Lieu Fee;and
WHEREAS,the City Council on July 9,1996,adopted Ordinance 14-96
establishing Zoning Ordinance Provisions Relating to Inclusionary Housing(Inclusionary
Zoning Ordinance);and
WHEREAS,the City Council on January 21,1997,directed Staff to prepare an
amended Inclusionary Zoning Ordinance which provides for the payment of the In-Lieu
Fee for each dwelling unit at the time the building permit is issued for that dwelling unit;
and to revise the method of determining the In-Lieu Fee to state that the fee will be
charged only for habitable areas and not for garages;and
WHEREAS,The proposed amendments to the Inclusionary Zoning Ordinance and
the method of determining the In-Lieu Fee address the timing of payment of in-lieu fees,the
means of their calculation,and the amount of funds realized;and
WHEREAS,The Negative Declaration adopted on June 11,1996,addresses all
impacts of the Inclusionary Zoning Ordinance including the proposed amendments thereto;
and .
WHEREAS,These amendments would not have significant impacts on the
environment that were not addressed by the adopted Negative Declaration;and
WHEREAS,a Staff Report was submitted for PA 97-010,the proposed
amendment to the Inclusionary Zoning Ordinance and to the revised method for
determining the amount of the In-Lieu Fee;and
WHEREAS,the Planning Commission held a public hearing on said amendment
to the Inclusionary Zoning Ordinance and to the revised method for determining the
amount of the In-Lieu Fee on April 22,1997,for which proper notice was given in
accordance with California State Law;and
WHEREAS,the Planning Commission at its April 22,1997,meeting considered
all written and oral testimony submitted at the public hearing.
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NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby recommend that the City Council amend the Inclusionary Zoning Ordinance
(Attachment 1) and adopt a resolution revising the method for determining the amount of
the In-Lieu Fee (Attachment 2).
PASSED, APPROVED AND ADOPTED THIS 22nd day of April, 1997.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Community Development Director
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 8.24 OF THE DUBLIN MUNICIPAL CODE, THE
INCLUSIONARY HOUSING ORDINANCE, TO ALLOW PAYMENT OF AN IN-LIEU
FEE FOR EACH DWELLING UNIT AT THE TIME THE BUILDING
PERMIT IS ISSUED FOR THAT DWELLING UNIT
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 8.24 is amended to read as follows:
"Chapter 8.24 Inclusionary Zoning
ARTICLE I GENERAL PROVISIONS
Section 8.24.010. Title.
This Chapter shall be called the "Inclusionary Zoning Ordinance of the City of Dublin".
Section 8.24.020. Findings.
The City of Dublin finds that the citizens of Dublin are experiencing a housing shortage for very low, low
and moderate income households. A goal of the City's adopted Housing Element is to achieve a balanced
community with housing available for households of a range of income levels. Persons with very low, low,
and moderate incomes who currently live and/or work in the City are increasingly unable to locate housing
at prices they can afford, and often become excluded from living in the City. Federal and State housing
subsidy programs are not sufficient by themselves to satisfy the housing needs of lower and moderate
income households. The City finds that the high cost of newly constructed housing does not, to any
appreciable extent,provide housing affordable by very low, low, and moderate income households, and that
continued new development which does not include affordable housing will serve to further aggravate the
current housing shortage by reducing the supply of developable land. The City further finds that it is a
public purpose of the City, and a public policy of the State of California as mandated by the requirements
for a 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.
Section 8.24.030. Purpose.
The purpose of this Chapter is to enhance the public welfare and assure that further housing development
contributes to the attainment of the above-described housing goals by increasing the production of
residential units affordable by households of very low, low, and moderate income, and by providing funds
for the development of very low, low, and moderate income ownership and/or rental housing. A limited
and finite amount of land remains for development of housing in the City and extended planning area. In
order to assure that the remaining developable land is utilized in a manner consistent with the City's
housing policies and needs,the City declares that FIVE (5)percent of the total number of units of all new
residential developments containing twenty (20) or more units, constructed within the City as it now exists
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and as may be altered by annexation,shall be affordable by households of very low,low,and moderate
income,including ownership and/or rental projects.
Section 8.24.040. Definitions.
For the purposes of this Chapter,certain words and phrases shall be interpreted as set forth in this section
unless it is apparent from the context that a different meaning is intended.
Affordable Rent:A monthly rent(including utilities as determined by a schedule prepared by the City)
which does not exceed the following:
Very-Low-income households: 1/12 of 30%of 50%of the annual Median Income for Alameda
County,as adjusted for household size,based upon the annual
income figures generated by the Federal Department of Housing
and Urban Development(HUD)
Low-income households: 1/12 of 30%of 80%of the annual Median Income Alameda
County,as adjusted for household size,based upon annual
income figures provided by HUD
Moderate-income households: 1/12 of 30%of 120%of the annual Median Income for Alameda
County,as adjusted for household size,based upon the annual
income figures provided by HUD
Affordable Sales Price:A sales price which results in a monthly mortgage payment(including principal and
interest)which does not exceed the following:
For Very-Low-income households: 1/12 of 30%of 50%of the annual Median Income for Alameda•
County,as adjusted for household size,based upon the annual
income figures generated by the Federal Department of Housing
and Urban Development(HUD)
For Low-income households: 1/12 of 30%of 80%of the annual Median Income Alameda
County,as adjusted for household size,based upon annual
income figures provided by HUD
For Moderate-income households: 1/12 of 30%of 120%of the annual Median Income for Alameda
County,as adjusted for household size,based upon the annual
income figures provided by HUD
Amenities: Interior features which are not essential to the health and safety of the resident,but provide
visual or aesthetic appeal,or are provided as conveniences rather than as necessities. Interior Amenities
may include,but are not limited to,fireplaces,garbage disposals,dishwashers,cabinet and storage space
and bathrooms in excess of one. Amenities shall in no way include items required by City building codes
or other ordinances which are necessary to insure the safety of the building and its residents.
Applicant: Any person,firm,partnership,association joint venture,corporation,or any entity or
combination of entities which seeks City permits and approvals for a project.
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City: The City of Dublin or its designee or any entity with which the City contracts to administer this
chapter.
Dublin Employee: Any head of household, or in the case of married couples either spouse, who has worked
within the City Limits of Dublin continually for one (1)year immediately prior to the date of application
for an Inclusionary Unit.
Dublin Resident: Any person who has lived within the City Limits of Dublin continually for one (1)year
immediately prior to the date of application for an Inclusionary unit. Continually shall be construed to
include lapses of residency of no longer than six months.
Dwelling Unit: A dwelling designed for occupancy by one household.
Household: One person living alone; or two or more persons sharing residency whose income is
considered for housing payments.
HUD: The United States Department of Housing and Urban Development or its successor.
Inclusionary Unit: A Dwelling Unit as required by this Chapter which is rented or sold at Affordable
Rents and/or Affordable Sales Prices (as defined by this Chapter)to Very Low, Low, or Moderate Income
Households.
Income: The gross annual household income as defined by HUD.
In-lieu Fee: A fee paid to the City by an applicant for a project in the City, in lieu of providing the
Inclusionary Units required by this Chapter.
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Life of the Inclusionary Unit: A 30 year period from the date of occupancy, which shall be the date the
City of Dublin performs final inspection for the building permit.
Low Income Household: A household whose annual income is more than 50% but does not exceed 80%of
the annual median income for Alameda County, based upon the annual income figures provided by HUD,
as adjusted for household size. HUD may establish income limits higher or lower than 80% of the median
income for the area on the basis of its finding that such variations are necessary because of the prevailing
levels of construction costs or unusually high or low family incomes.
Median Income for Alameda County: The median gross annual income in Alameda County as determined
by HUD, adjusted for household size.
Moderate-income households: A household whose annual income is more than 80%but does not exceed
120%of the annual Median Income for Alameda County, based upon the annual income figures provided
by HUD, as adjusted for household size. HUD may establish income limits higher or lower than 120% of
the median income for the area on the basis of its finding that such variations are necessary because of the
prevailing levels of construction costs or unusually high or low family incomes.
Off-site Inclusionary units: Inclusionary Units on land within the City of Dublin other than that on which
the applicant intends to construct market rate units. ll
Ownership Units: Those Inclusionary Units developed as part of a residential development which the
Applicant intends will be sold,or which are customarily offered for individual sale.
Project owner: Any person,firm,partnership,association,joint venture,corporation,or any entity or
combination of entities which holds fee title to the land on which the project is located.
Project: A housing development at one location or site including all dwelling units for which permits have
been applied for or approved.
Property Owner: The owner of an Inclusionary Unit,excepting a"Project Owner".
Rental Units: Those Inclusionary Units developed as part of a residential development which the
Applicant intends will be rented or leased,or which are customarily offered for lease or rent.
Recapture Mechanisms: Legal programs and restrictions by which subsidies provided to Inclusionary Units
will be controlled and repaid to the City and/or other entity upon resale,to insure the ongoing preservation
of affordability of Inclusionary Units or to insure funds for Inclusionary Units remain within the City's
affordable housing program.
Resale Restrictions: Legal restrictions by which the price of Inclusionary Units may be controlled to insure
that the units remain affordable to Very Low,Low,and Moderate Income households on resale.
Silent Second Mortgage:A deed of trust recorded against an Inclusionary Unit which makes the City and/or
other private or non-profit lender the beneficiary.
Unit Type: Various dwelling units within a project which are distinguished by number of bedrooms.
Very Low Income Household: A household whose annual income does not exceed 50%of the annual
median income for Alameda County,based upon the annual income figures provided by HUD,as adjusted
for household size. HUD may establish income limits higher or lower than 50%of the median income for
the area on the basis of its finding that such variations are necessary because of the prevailing levels of
construction costs or unusually high or low family incomes.
ARTICLE II ZONING REQUIREMENTS
Section 8.24.050. General Requirements/Applicability.
For all new residential development projects of 20 units or more,at least 5%of the project's dwelling
units shall be affordable to Very Low,Low,and Moderate Income households.These dwelling units
shall be referred to as"Inclusionary Units". Inclusionary Units shall be divided among these income
groups by the following ratios:
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2%of the project units must be affordable to Very Low Income households
2%of the project units must be affordable to Low Income households
1%of the project units must be affordable to Moderate Income households
The Inclusionary Units required for each income category shall be reserved for rent or purchase by eligible
Very Low,Low,and Moderate Income Households. Projects subject to these requirements include,but are
not limited to,single-family detached dwellings,townhomes,apartments,condominiums,or cooperatives
provided through new construction projects,and/or through conversion of rentals to ownership units.
The percentage of Inclusionary Units required for a particular project shall be determined only once on a
given project,at the time of Tentative Map approval,or,for projects not processing a map,prior to issuance
of building permit. If the subdivision design changes,which results in a change in the number of
Inclusionary Units required,the number of Units required shall be recalculated to coincide with the final
approved project. In applying and calculating the five(5)percent requirement,any decimal fraction less
than or equal to 0.50 may be disregarded,and any decimal fraction greater than 0.50 shall be construed as
one Unit.
An Affordable Housing Agreement,discussed further under Section 8.24.070 of this Chapter,shall be used
to document and further define the terms by which projects subject to this Ordinance will comply with its
requirements.
Section 8.24.060. Unit Provisions and Specifications
A. Inclusionary Units shall be dispersed throughout the project.
B. Inclusionary Units shall be constructed with identical exterior materials and an exterior
architectural design which is consistent with the market rate units in the project.
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C. Inclusionary Units may be of smaller size than the units in the project,and may have fewer
Amenities than the market rate units in the project.
D. Inclusionary Units shall remain affordable for thirty years. Deed restrictions shall be recorded
subjecting the Rental Units to maximum rental prices. When Inclusionary Ownership Units are
constructed and offered for sale at a price which will maintain its affordability due to the Unit's
design and size,no Resale Restrictions should be necessary. However,Ownership Units may
require such restrictions recorded with the deed if necessary to address the recapture of value
increases,in situations where units are not sold at substantially lower prices than market rate
units,or when the units may lose affordability as the market changes.For units which require
subsidies to attain an Affordable Sales Price,Resale Restrictions shall be recorded with the deed
to recapture the subsidy upon resale(unless the unit is resold at an Affordable Sales Price and to
an eligible household). The discussion of Resale Restrictions is addressed in Section 8.24.070 of
this Chapter. Prior to the original sale,or any resale,of such Units,the buyer(s)shall sign an
acknowledgment that they are aware of the requirements of this Chapter,any deed restrictions,
and any declaration of conditions,covenants,and restrictions,as applicable.
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E. All Inclusionary Units in a project shall be constructed concurrently within or prior to the
construction of the project's market rate units,unless the City Manager determines that
extenuating circumstances exist which render this infeasible(e.g.,physical or financial
difficulties).
F. Purchasers of Ownership Inclusionary Units shall be required to occupy the Unit except when
otherwise approved by the City Manager. In order to approve exceptions,evidence must be
presented to the City Manager showing that the owner is temporarily unable to occupy the Unit
due to extreme circumstances,such as illness or incapacity,or extreme financial hardship. In
such cases,the City Manager may approve rental of the Inclusionary Unit to households meeting
the same income level requirements as the owner for a limited time,but in no instance exceeding
a twelve-month period. If an exception is approved,the City may stipulate whether the unit must
be rented to a household of a certain income category,and at an Affordable Rent.
G. In determining the appropriate household size per unit,for purposes of calculating Affordable
Rent or Affordable Sales Price,dwelling Unit Types shall be assigned as follows:
Studio Unit One Person
One Bedroom Unit Two Persons
Two Bedroom Unit Three&Four Persons
Three Bedroom Unit Five Persons
Four or more Bedroom Unit Six or more Persons
H. Dublin residents who are senior citizens(65 years of age or older)shall be given first preference
for Inclusionary Units;Dublin residents who are first-time homebuyers shall have second
preference;other Dublin residents shall have third preference;fourth preference shall be given to
those who need to move to Dublin to be near Dublin residents or services.
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Section 8.24.070. Affordable Housing Agreement
An Affordable Housing Agreement shall be entered into by the City and the Project Owner. The
Agreement shall record the method and terms by which a Project Owner shall comply with the
requirements of this Chapter. The approval and/or recordation of this Agreement shall take place prior to
final map approval or,where a map is not being processed,prior to the issuance of building permits for
such lots or units.
Two types of Agreements shall be used by the City.
1. When an Applicant pays a fee in-lieu of constructing Inclusionary Units,a simple In-Lieu
Agreement form shall be entered into between the Project Owner and the City Manager to document
that the Applicant has chosen the In-Lieu Fee option,and shall be submitted to the Community
Development Department.
2. When an Applicant provides Inclusionary Units constructed with a project,a complete Affordable
Housing Agreement shall be required,to document and further define how these units shall be
provided at Affordable Sales Prices and reserved for purchase by eligible Households,and how the
affordability of the Inclusionary Units will be preserved.
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Additional terms and conditions of the Affordable Housing Agreement may be determined at the time of
each project approval and/or at the time the parties enter into the agreement. Further aspects of the
Agreements are discussed below.
A. Rental Units
Applicants of a project which will provide Rental Units shall enter into an Affordable Housing Agreement
with the City prior to issuance of any building permits for the project,to document and further define how
these units shall be provided at Affordable Rents and reserved for rent by eligible Very Low,Low,and
Moderate-Income Households.
The City shall prepare an annual statement establishing the maximum rent levels and income limits for each
household income category. These levels may be adjusted by the City at periodic intervals as new tables
are published by the Federal,State,or local government agencies.
The management of Rental Units shall be the responsibility of the Project Owner.The Affordable Housing
Agreement shall require each Project Owner to submit an annual status report to the City Manager in a
format approved by the City,including additional information as required by the City. This report may
include,but is not limited to identification of which units are Rental Units,their monthly rents,vacancy
information for the prior year,monthly income for tenants of each Rental Unit throughout the prior year,
and similar information.The Affordable Housing Agreement shall be signed by the City Manager or his/her
designee,shall be recorded,and shall run with the land.
B. Ownership Units
When an Applicant provides Inclusionary Units constructed with a project,the Affordable Housing
Agreement shall document and further define how these units shall be provided at Affordable Sales Prices •
and reserved for purchase by eligible Very Low,Low,and Moderate-Income Households,and how the
affordability of the Inclusionary Units will be preserved.
This Agreement may include,but is not limited to,designation of the Inclusionary Unit sites,schedule of
construction of units,terms and conditions governing the initial sale or rental payments of units,
purchaser/renter qualifications,monitoring of rent/resale,and restrictions on resale where applicable.
The Affordable Housing Agreement for Ownership Units shall specify that the Inclusionary Units must be
occupied by the owner(s)and cannot be rented except upon approval of the City Manager. The Agreement
shall also grant the City the right of first refusal to purchase an Inclusionary Unit each time it is sold.
Prior to the original sale,or any resale,of an Ownership Unit,the buyer(s)shall sign an acknowledgment
that they are aware of the requirements of this Chapter, the Affordable Housing Agreement,any deed
restrictions,and any declaration of conditions,covenants,and restrictions,as applicable. The Affordable
Housing Agreement shall be signed by the City Manager or his/her designee,shall be recorded,and shall
run with the land.
Mechanisms which may be utilized in the Affordable Housing Agreement for ensuring affordability for the
Life of the Inclusionary Units include,but are not limited to,the following:
1. Affordable by Design
In projects which provide Inclusionary Units at Affordable Sales Prices by virtue of the unit design,
no resale restrictions are necessary. In these situations,an Affordable Housing Agreement is only
required to document the method by which the project has complied with the Ordinance,and to define
or address specific project issues. However,in order to avoid deed restrictions on resale of the Units,
Inclusionary Units must be sold at substantially lower prices than market rate units,and be reasonably
expected to maintain their affordability as the housing market changes. For units which require
subsidies to attain an Affordable Sales Price,restrictions shall be recorded with the deed to recapture
the subsidy upon resale,as described in Section 2 below. The City Council shall determine whether a
project is Affordable by Design.
2. Recapture Mechanisms
In cases where Inclusionary Units are provided at Affordable Sales Prices via project subsidies,the
value of the subsidy shall be recorded with the property deed as a"Silent"Second Mortgage. The
subsidy shall be considered the monetary difference between the initial Affordable Sales Price,and
the initial appraised market value.
The Affordable Housing Agreement will state the Affordable Sales Price and target income level at
which Inclusionary Units in a particular project are initially sold,and should be resold. This target
level should coincide with the level which is affordable to the same income category and household
size for which the unit was designated when originally sold. If the unit is resold to a qualifying
household at an Affordable Sales Price,the second mortgage will be transferred to the new owner. If
the unit is resold at market rate,the Silent Second Mortgage will be paid off.
The amount of the Silent Second Mortgage would be recaptured by the City and/or other financial
entity participating in a shared equity program under the Affordable Housing Agreement.These
recaptured funds will be placed into the affordable housing fund,to be utilized for providing
affordable housing consistent with the intent of this Chapter.
The monthly payments of principal and interest for the subsidy or loan may be waived as long as an
eligible buyer continues to own and reside in the Inclusionary Units as his or her primary residence,or
unless an exception is approved by the City,in accordance with Section 8.24.060.(F).
The City Manager or his designee shall be responsible for monitoring the sale,occupancy and resale
of Inclusionary Units.
Section 8.24.080. Alternatives to constructing Inclusionary Units on-site
The requirements of this Chapter may be satisfied by various methods other than the construction of
Inclusionary Units on the project site. Some examples of alternate methods of compliance appear below.
As housing market conditions change,the City may need to allow alternatives to provide options to
Applicants to further the intent of providing affordable housing with new development projects.
��
A. Off-Site Projects
Inclusionary Units required pursuant to this chapter may be allowed to be constructed at a location
within the City other than the project site. Any off-site Inclusionary Units must receive approval of the
City Council and must meet the following criteria:
(1) The off-site Inclusionary Units must be determined to be consistent with the City's goal of
creating,preserving,maintaining,and protecting housing for Very Low,Low,and Moderate Income
Households.
(2) The off-site Inclusionary Units must not result in a serious concentration of Inclusionary
Units in any one particular neighborhood.
(3) The of site Inclusionary Units shall conform to the requirements of all applicable City
Ordinances and the provisions of this Chapter.
(4) The occupancy and rents of the off-site Inclusionary Units shall be governed by the terms of
a deed restriction,and if applicable,a declaration of covenants,conditions and restrictions similar to
that used for the on-site Inclusionary Units.
An Affordable Housing Agreement shall be established between the City and Applicant stipulating the
terms of the off-site production of Inclusionary Units. If the construction does not take place at the
same time as project development,the agreement shall require the Units to be produced within a certain
time frame,but in no event longer than 10 years. A cash deposit or bond may be required by the City,
refundable upon construction,as assurance that the units will be built.
B. In-lieu Fee Option
•
A fee may be paid by an Applicant in lieu of providing Inclusionary Units in the project. This fee must
be paid for each dwelling unit at the time the building permit is issued for that dwelling unit. The
amount of In-Lieu Fees shall be established by resolution of the City Council. The In-Lieu fee shall be
adjusted periodically to reflect the change in the Consumer Price Index(CPI),and may also be adjusted
as necessary for changing conditions in the City. If a project provides a portion of the required number
of Inclusionary Units on the project site,the amount of the In-Lieu fee will be reduced by a percentage
which is equivalent to the percentage of Inclusionary Units provided in each income category.
C. Land Dedication
An Applicant may dedicate land to the City or a local non-profit housing developer in place of actual
construction of Inclusionary Units upon approval of the City Council. The intent of allowing a land
dedication option is to provide the City or a local non-profit housing developer the free land needed to
make an Inclusionary Unit development feasible,thus furthering the intent of this Chapter.
The dedicated land must be appropriately zoned,buildable,free of toxic substances and contaminated
soils,and large enough to accommodate the number of Inclusionary Units required for the project. The
City's acceptance of land dedication shall require that the lots be fully improved,with infrastructure,
adjacent utilities,grading,and fees paid.
9
D. Other flexible solutions
Applicants may propose creative concepts for meeting the requirements of this Chapter,in order to
bring down the cost of providing Inclusionary Units,whether on or off site.The City Council may
approve alternate methods of compliance with this Chapter if the Applicant demonstrates that such
alternate method meets the purpose of this Chapter(as set forth in Section 8.24.030).
Section 8.24.090. Credit Transfers
The requirements of this Chapter may be satisfied by transferring Inclusionary Unit credits from one site to
another,upon approval of the City Council,and as set forth herein. Transfer credits may be created if the
City Council approves issuance of a specified number of Credit Certificates for that number of Inclusionary
Units provided by a particular Project Owner in excess of the minimum required for the project. Credit
Certificates,when approved,shall be issued for the specific Income Category for which the unit is
designed,according to the number of rooms and Affordable Sales Price.
Credit Certificates are issued to and become the possession of the Project Owner,who may then use them
to satisfy the requirements of this Chapter for another project in the City,whether developed by the same
Project Owner or another developer. If a Project Owner sells Credit Certificates to another developer,the
parties shall report the transaction to the Conununity Development Director,who will document the
transfer by Certificate number. When the Credit Certificate is applied to meet the Inclusionary Unit
requirement of a particular project,it shall be recorded at the time of project approval,and the subject
Certificates must be returned to the Community Development Director.
The Inclusionary Units for which a Credit Certificate is sought shall meet all of the criteria of this Chapter.
Credit Certificates issued for specific Income categories may only be used to satisfy the requirements for
Inclusionary Units for the same Income category(Very Low,Low,or Moderate). The City Council shall
determine the appropriate Income category for each Credit Certificate issued.The Inclusionary Units for
which Credits are granted shall have resale controls applied to ensure their ongoing affordability. Terms of
the Credit Transfer shall be included in the Affordable Housing Agreement.
Section 8.24.100. Inclusionary Housing In-Lieu Fee Fund.
In-lieu Fees shall be deposited into a fund known as the"Inclusionary Housing In-Lieu Fees Fund"
("Fund"). All monies in the Fund,together with any interest earnings on such monies less reasonable
administrative charges,shall be used or committed to use by the City for the purpose of providing Very
Low,Low,and Moderate Income ownership or rental housing in the City of Dublin through Silent Second
Mortgages,land acquisition,land writedowns,construction,contributions to non-profit associations or
corporations for construction of housing,landbanking(including property exchanges)and any other
mechanism available to the City to provide Very Low,Low,and Moderate income housing.
The monies in the Fund shall be used or committed to use within seven(7)years of the date of payment
into the Fund. Monies from a particular project which remain unexpended or uncommitted at the end of the
seven year period may be refunded to the then-current Property Owners or Project Owner or may be
contributed to a non-profit association or corporation for the purpose of providing Very Low,Low,and
Moderate income ownership housing in Dublin,at the option of the City Council.
�o - -
The City Manager shall prepare an annual report for the City Council identifying the balance of monies in
the Fund and the Inclusionary Units provided and any monies committed to providing Very Low, Low, and
Moderate Income housing. The annual report shall also include a review of administrative charges.
Section 8.24.110. Incentives to encourage On-site construction of Inclusionary Units
The City shall consider making available to the Applicant incentives to increase the feasibility of residential
projects to provide Inclusionary Units. Incentives or financial assistance will be offered only to the extent
resources for this purpose are available and approved for such use by the City Council or City Manager, as
defined below, and to the extent that the Project, with the use of incentives or financial assistance, assists in
achieving the City's housing goals. However, nothing in this chapter establishes, directly or through
implication, a right of an Applicant to receive any assistance or incentive from the City.
Any incentives provided by the City shall be set out in the Affordable Housing Agreement pursuant to
Section 8.24.070 of this Chapter. The granting of the additional incentives shall require demonstration of
exceptional circumstances which necessitate assistance from the City, as well as documentation of how
such incentives increase the feasibility of providing affordable housing,
The following incentives may be approved for Applicants who construct Inclusionary Units on-site:
A. Fee Deferral
The City Manager may approve deferred payment of City processing fees applicable to the review and
processing of the Project. The terms and payment schedule of the deferred fees shall be subject to the
approval of the City Manager, and require Agreement by the Project Owner, prior to any City
Department authorizing deferral.
•
The City Council, by Resolution may defer payment of City development impact fees applicable to the
Inclusionary Units or the project of which they are a part. Approval of this incentive requires
demonstration by the Applicant that the deferral increases the project's feasibility. The Affordable
Housing Agreement for the project shall document and address the terms of payment and contain
language which assures payment of such fees.
B. Design Modifications
The granting of design modifications shall require the approval of the City Council. Modifications to
typical design standards include the following:
- Reduced setbacks
- Reduction in infrastructure requirements
- Reduced open space requirements
- Reduced landscaping requirements
- Reduced interior or exterior amenities
- Reduction in parking requirements
- Height restriction waivers
�� 1�
C. Priority Processing
A Project which provides Inclusionary Units may be entitled to priority processing,subject to the
approval of the City Manager. A Project eligible for priority processing shall be immediately assigned
to planning staff and processed in advance of all non-priority items. The Project shall be scheduled for
the next available meeting of the Planning Commission and/or City Council,upon meeting all submittal
and environmental review requirements. When more than one Project qualifying for priority processing
is applied for at the same time,first priority will be given to the Project whose application was
determined to be complete earlier.
ARTICLE III MISCELLANEOUS
Section 8.24.120. Administration
The City Manager may establish guidelines for administering the provisions of this chapter. The City may
contract with the Dublin Housing Authority,the Alameda County Housing Authority,or other entity to
administer any provisions of this chapter.
Section 8.24.130. Availability of government subsidies.
The requirements for Inclusionary Units shall not be reduced by the availability of government program
subsidies,nor precluded by the use of such programs and subsidies.
Section 8.24.140. Conflict of Interest.
Individuals who,by virtue of their position or relationship,are hereby found to be ineligible to purchase or
rent an Inclusionary Unit as their residence include all employees and officials of the City of Dublin who
have,by the authority of their position,policy making authority or influence affecting City housing
programs,and the Project Applicant and Project Owner.
Section 8.24.150. Violations.
It shall be unlawful for any person,firm,corporation,partnership or other entity to violate any provision or
to fail to comply with any of the requirements of this Chapter. A violation of any of the provisions or
failing to comply with any of the requirements of this Chapter shall constitute a misdemeanor;except that
notwithstanding any other provisions of this Code,any such violation constituting a misdemeanor under
this Chapter,may in the discretion of the enforcing authority,be charged and prosecuted as an infraction.
Any person convicted of an infraction under the provisions of this Code shall be punishable as provided by
the Government Code of the State of California.
Section 8.24.160. Enforcement.
The City Manager is designated as the enforcing authority. The City Manager may suspend or revoke any
building permit or approval upon finding a violation of any provision of this chapter.The provisions of this
chapter shall apply to all agents,successors and assigns of an Applicant. No building permit or final
inspection shall be issued,nor any development approval be granted which does not meet the requirements
of this chapter.
12 19 11
In the event that it is determined that rents in excess of those allowed by operation of this Chapter have
been charged to a tenant residing in an Inclusionary Unit, the City may take appropriate legal action to
recover, and the Project Owner shall be obligated to pay to the tenant or to the City in the event the tenant
cannot be located, any excess rents charged.
Section 8.24.170. Appeals.
Any person aggrieved by any action or determination of the City Manager under this ordinance, may appeal
such action or determination to the City Council in the manner provided in Section 1.04.050 of the
Municipal Code."
Section 2. Severability.
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is
held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity,
unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses,
sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or
circumstances.
Section 3. Effective Date and Posting of Ordinance
This ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption.
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)public places in
the City of Dublin in accordance with Section 39633 of the Government Code of California.
PASSED,APPROVED,AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN
on this day of , 1997, by the following votes:
Ayes:
Noes:
Absent:
Abstain:
Mayor
Attest:
City Clerk
\pa#\1997\pa97010\ord I.doc
13 20 c�
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ESTABLISHING METHOD FOR DETERMINING AMOUNT OF IN-LIEU FEE
WHEREAS,the City of Dublin Housing Element,Strategy I.B.,and the Eastern Dublin Specific
Plan,Programs 4.F.and 4.G.,require the City of Dublin to prepare an Inclusionary Zoning Ordinance;and
WHEREAS,pursuant to City of Dublin Housing Element Strategy I.B.,the City of Dublin prepared
a Draft Inclusionary Zoning Ordinance;and
WHEREAS,the Planning Commission held a public hearing on said draft Ordinance on May 7,
1996,for which proper notice was given in accordance with California State Law;and
WHEREAS,on July 9,1996,the City Council adopted Ordinance 14-96,the Inclusionary Zoning
Ordinance;and
WHEREAS,Section 8.24.080(B)of the proposed Inclusionary Zoning Ordinance provides the
option of paying a fee in-lieu of constructing Inclusionary Units("In-Lieu Fee"),and states that the City
Council shall establish the amount of the In-Lieu Fee by resolution;and
WHEREAS,the City Council on June 11,1996,adopted Resolution 80-96 establishing a method for
determining the amount of the In-Lieu Fee;and
WHEREAS,the City Council on January 21,1997,directed Staff to prepare a revised method for
determining the amount of the In-Lieu Fee whereby the fee will be charged only for habitable areas of
residences,specifically excluding garages;and
WHEREAS,a staff report was submitted for PA 97-010,the proposed amendment to the method for
determining the amount of the In-Lieu Fee;and
•
WHEREAS,the Planning Commission held a public hearing on said revised method for determining •
the amount of the In-Lieu Fee on April 22,1997,for which proper notice was given in accordance with
California State Law;and
WHEREAS,a Negative Declaration of Environmental Impact was adopted for the Inclusionary Zoning
Ordinance on June 11,1996;and
WHEREAS,The Negative Declaration was prepared pursuant to the California Environmental Quality
Act(CEQA),State CEQA Guidelines,and the City of Dublin CEQA Guidelines;and
WHEREAS,The proposed amendments to the Inclusionary Zoning Ordinance address the timing of
payment of in-lieu fees,the means of their calculation,and the amount of funds realized;and
WHEREAS,These amendments would not have significant impacts on the environment that were not
addressed by the adopted Negative Declaration;and
WHEREAS,The Negative Declaration adopted on June 11,1996,addresses all impacts of the
Inclusionary Zoning Ordinance including the proposed amendments thereto;and
WHEREAS,after considering all staff reports,recommendations,and written and oral testimony
submitted at the Public Hearing hereinabove set forth,the Planning Commission adopted a Resolution
recommending City Council adoption of a resolution revising the method for determining the amount of the
In-Lieu Fee;and
•
WHEREAS,the City Council held public hearings on said Resolution on ,1997,for which
proper notice was given in accordance with California State Law;and
WHEREAS,a staff report was submitted for PA 97-010,recommending the City Council's approval
of the revised methodology for determining amount of In-Lieu Fee;and
WHEREAS,the City Council did hear and consider all said reports,recommendations and testimony
hereinabove set forth.
NOW,THEREFORE,BE IT RESOLVED THAT THE Dublin City Council does hereby find that
the revised method for determining the In-Lieu Fee is consistent with the stated purpose and objectives of the
City's Zoning Ordinance,Municipal Code,General Plan,and Eastern Dublin Specific Plan.
AND,BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby revise the
methodology for determining the amount of the In-Lieu Fee for each development project subject to the
requirements of the Inclusionary Zoning Ordinance,as follows:
1. The In-Lieu Fee shall be based upon a charge of$.75 cents per habitable square foot for multi-family
(attached unit)developments,and$1.00 per habitable square foot for single family(detached unit)
developments.
2. The In-Lieu Fee shall be calculated based on the habitable square feet of each dwelling unit,excluding
garages.
3. There shall be no per-unit maximum for the In-Lieu Fee.
4. The In-Lieu Fee per habitable square foot shall be adjusted periodically to reflect the percentage change in
the Consumer Price Index(CPI),and may also be adjusted as necessary for changing conditions in the City.
5. The In-Lieu Fee shall be paid for each dwelling unit at the time the building permit is issued for that
dwelling unit.
The above methodology for determining the amount of the In-Lieu Fee for each development project subject
to the requirements of the Inclusionary Zoning Ordinance shall take effect as of the date on which the
amended Inclusionary Zoning Ordinance becomes effective.
PASSED,APPROVED AND ADOPTED this day of ,1997.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
97010\res3.doc
2
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date:April 22,1997
PROJECT: PA 95-027,Zoning Ordinance Revision
DESCRIPTION: Results of accessory structure and recreational vehicle
survey and possible Zoning Ordinance amendment options
RECOMMENDATION: 1) Hear Staff presentation on survey
2) Give Staff recommendations on possible Zoning
'� Ordinance amendment options
PREPARED BY: T Dennis Carrington,Senior Planner/Zoning Administrator
ANALYSIS:
At the March 11,1997 Planning Commission meeting,the Planning Commission heard a
summary of the Draft revised Zoning Ordinance and a presentation of potentially
controversial issues. Among the potentially controversial issues were the prohibition of
accessory structures adjacent to a fence from appearing over the fence,and the
prohibition of parking of recreational vehicles(motor homes,boats,utility trailers,horse
trailers,campers,or camper tops)in front of residences.
Staff performed a survey during the week of March 17-21 of 1,039 single family detached
residences(there are approximately 5,200 single family detached residences in Dublin)in
six study areas(see Attachment 1)for accessory structures adjacent to and visible over
fences;and for recreational vehicles in front of residences. It was Staff's intent to
provide the Planning Commission and City Council with a factual base for decisions they
may make regarding these issues.
RESULTS OF SURVEY
ACCESSORY STRUCTURES:
65 accessory structures(sheds)located behind and adjacent(within 3 feet)to fences were
visible over fences. The 65 accessory structures were located on 62 properties. 5.96%of
the properties in the sample areas have accessory structures visible over fences along the
fronts of residences,along street side yards,and on lots backing up onto roadways.
COPIES TO: PA 95-027 File
Dennis Carrington
ITEM NO. .1 PAGE L OF
Wood accessory structures and metal accessory structures with wood roofs that are within
3 feet of a fence are in violation of the Uniform Building Code. 50% of the accessory
structures had either wood walls or roofs and are therefore in violation of the Building
Code. All of the structures located in the front half of the lot (approximately 90% of the
total) are in violation of the existing (and proposed)Zoning Ordinance which prohibits
the location of accessory buildings in the front half of a lot.
RECREATIONAL VEHICLES:
56 recreational vehicles were parked off-street but in front of residences, either in the
driveway or in a side yard. 5.39% of the properties in the survey have RV's parked off-
street in front of them. Four residences had two recreational vehicles parked in the
driveway or side yard.
OTHER CITIES REQUIREMENTS
LIVERMORE
Accessory Structures
• Are only allowed in the rear 1/2 of the lot.
• May be against a fence if 6 feet in height or less.
• May have a maximum height of 15 feet.
• If over 6 feet in height, must be 3 feet from property line plus one foot further back
for every foot over 9 feet in height.
Recreational Vehicles
• Not allowed in the front yard if you can park them in the rear yard or side yard behind
a fence.
• One recreational vehicle may be parked in front of a residence, but may not be longer
than 19 feet or more than 10 feet high.
PLEASANTON
Accessory Structures
• May be against a fence if 6 feet in height or less.
• May have a maximum height of 15 feet.
• If over 10 feet in height, subject to Site Development Review.
• Must be 3 feet from a side fence or 5 feet from a rear fence.
Recreational Vehicles
2 rT ..
• Not allowed in front yard setback.
• Not allowed in street side yard setback of corner lot.
• May be behind front yard setback if screened.
• May not be parked on lot if over one ton or over 25 feet in length.
SAN RAMON
Accessory Structures
• If between 18 inches high and 6 feet high, must be set back 3 feet from fence.
• If over 6 feet high, must be 3 feet from fence plus 1 foot for every foot over 6 feet
high.
Recreational Vehicles
• Must be licensed and operable.
• No limit on number of RV's.
ZONING ORDINANCE AMENDMENT OPTIONS
Accessory Structures
Several options regarding accessory structures are available:
1. Permit accessory structures adjacent to a fence to appear over the fence.
2. Permit accessory structures adjacent to a fence to appear over the fence but place a
height limitation on the amount of the shed that can be visible over the fence to
the peak of the structure.
3. Prohibit any accessory structures adjacent to a fence from appearing over the
fence
Recreational Vehicles
Several options regarding recreational vehicles are available:
1. Permit recreational vehicles to be parked in driveways and side yards without
limitations.
2. Permit recreational vehicles to be parked in driveways and side yards but:
A. Limit the number of recreational vehicles to one per lot
3
B. Prohibit the recreational vehicle from overhanging the public right-of-way
or place a length limit of 19 feet.
C. Prohibit recreational vehicles from being more than 10 feet high.
D. Require that side yards be paved if used for parking. The paving would be
more attractive and avoid potential Property Maintenance Ordinance
issues such as overgrown weeds,trash,and vermin.
E. Prohibit additional curb cuts in front of paved side yards. This is
recommended because sidewalks are not built for carrying vehicle traffic
and because additional curb cuts would reduce on-street parking.
3. Prohibit recreational vehicles from being parked in driveways or side yards except
those used for daily transportation.
Staff requests that the Planning Commission give its recommendation by consensus with
regard to accessory structures and recreational vehicle parking. Staff will then prepare a
report for the May 6,1997 joint Planning Commission/City Council study session on the
Zoning Ordinance revision which will include the recommendations the Planning
Commission makes at this meeting.
MAY 6TH PLANNING COMMISSION/CITY COUNCIL STUDY SESSION
Staff will distribute the agenda for the upcoming May 6th Planning
Commission/City Council meeting on the Zoning Ordinance update. The Planning
Commission may wish to give Staff input on the upcoming study session
ATTACHMENTS:
1. Study areas map
g:PA95027/pc42297
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