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HomeMy WebLinkAboutOrd 15-91 Dub Meadows In-LieuORDINANCE NO. 15-91 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-LIEU RENTAL FEE RATHER THAN PROVIDING RENTAL UNITS FOR J.L. CONSTRUCTION - DUBLIN MEADOWS 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 Rental Availability Ordinance. 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 $226,968.00 (21 x $10,808.00). An amount equal to 1/206th of the total in-lieu rental fee of $226,968.00 shall be paid for each unit or $1,101.79. In the event of final occupancy following an increase in the in-lieu fee of $10,808, the developer shall pay the increased in-lieu fee. 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." /hsngordc 1 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 (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 pf the City of Dublin, on this 23rd day of September, 1991, by the following votes: AYES: COUNCILMEMBERS HOWARD, JEFFERY AND MOFFATT AND MAYOR SNYDER NOES: NONE ABSENT: COUNCILMEMBER BUR ATTEST: ~-it~ ~er~ ~ /hsngordc