HomeMy WebLinkAbout8.2 Dub Ranch Afford Hous
CITY CLERK
File # D[q]63]0l-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 18, 2003
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
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FINANCIAL STATEMENT:
Dublin Ranch Affordable Housing Proposal
Report Prepared by: Eddie Peabody, Jr., Community Development
Director '
1.
Section 8.68 of the Zoning Ordinance, Inclusionary Zoning
Regulations
Applicant letter and Financial Plan
Concept Maps dated January 30,2003
2.
3.
1.
Review Applicant proposal in light of established
Inclusionary Zoning Ordinance requirements
Evaluate Staff comments on issues of this request
Give consensus direction to Applicant and Staff to proceed
on one of three options presented by Staff as follows:
2.
3.
Option 1: Proceed to process a specific request to allow the
concentration of all Dublin Ranch affordable housing requirements
into a single project on 25 acres immediately west of the Toll Area
G project with certain requirements as suggested by Staff; Q!
Option 2: Have the developer create a new series of projects in the
future that would concentrate a portion of the Dublin Ranch
affordable housing requirements in several locations as suggested by
Staff; Q!
Option 3: Instruct Staff to continue to require (to the extent
possible) that affordable housing requirements for the Dublin Ranch
property be met for each future project when submitted on the
individual project site and based on the present requirement of 50%
, moderate, 20% low and 30% very low household income levels.
Impact on the City's financing would be as follows:
a) Present Housing Fund balance $9.363 million
b) General Fund Reserve for Housing .626 million
· Total $9.989 million
c) Committed for Senior Housing Project up to $1.829
million
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COPIES TO: In-House Distribution
ITEM NO. -8. %
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· Subtotal $8.160 million
d) Applicant request for housing (if approved) $6.786
million
· Total housing fund remaining $1.3 74 million
e) Potential loss of non-residential funding for housing
( commercial linkage fee) assuming 2 million square feet
of future commercial use at $.50 a square foot = $1
million
At the present time Staff has not evaluated the Developer's financial plan. If the City Council wishes to
proceed with Option 1, Staff will need to return to the City Council with a specific evaluation if the
proposed subsidy is appropriate.
BACKGROUND:
On May 21, 2002 the City Council approved an Ordinance amending the Inclusionary Zoning Regulations
(Chapter 8.68) of the Dublin Municipal Code (Attachment 1). This Ordinance was amended on January
7, 2003. Specific elements of this Ordinance include:
1. a requirement that 12.5% of any residential project of20 units or more be affordable for a
period of 55 years. The ordinance also states up to 5% ofthe total 12.5% of affordable units
may pay an in lieu fee.
2. a requirement that all affordable units shall be reasonably disbursed throughout the project
3. a requirement that the number of bedrooms in the affordable units reflect the number of
bedrooms in the project as a whole
4. a requirement that units be allocated to the various income level as follows: 50% moderate
income; 20% low income; and 30% very-low income.
Staff has been working with several developers with current applications for projects within the City.
These developers include AMB/Legacy, Greenbrier and the Pinn Brothers. These developers have been
working with Staff to accommodate affordable units within their projects, disbursed throughout to the
extent possible.
PROJECT DESCRIPTION:
As an alternative means of compliance with the Inclusionary Zoning Regulations, the applicant
conceptually proposes a 928-unit rental apartment project on the high-density parcels in Dublin Ranch
Area B, consisting of 320 senior restricted units and 608 non-seniors restricted units as well as 5,000 sq.ft.
of retail uses on 25 acres. The total average residential density would be 37 units per gross acre, and
would be similar to the Waterford Apartment project on Tassaj<:rra Road with 629 of the units (68%)
proposed as affordable. All of the phases have one and two bedroom units but no three-bedroom units are
provided for larger families.
The proposed project would attempt to meet the entirety ofthe affordable housing obligation for the
remainder ofthe Dublin Ranch projects (including the yet to be annexed Wallis Property). An
assumption was made by the applicant that the remaining Dublin Ranch dwelling units left to be built in
the future would be 3,399 units (Area B, F, Dublin Ranch West) although no specific entitlements as to
actual units have been granted by the City. According to the applicant, 425 affordable units would be
required to meet the 3,399 unit requirements (12.5% oftotal units) and the proposal (629 units) would
provide 204 more than the assumed requirement. In addition, the request has been made to increase the
mid-range density ofthe high-density site (now shows as 744 units) to 928 units utilizing a 25% density
bonus now allowed by the Zoning Ordinance.
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Special considerations requested by the applicant include:
ANAL YSIS:
.
Approval of this proposal as meeting (or exceeding) the affordable housing ordinance
requirement for the rest ofthe Dublin Ranch projects.
Exemption from any further affordable housing requirements (fees and mandatory
requirements) for all properties both residential and non-residential in Dublin Ranch; including
potential commercial linkage fees for up to 2 million square feet of Dublin Ranch commercial
uses. Compliance with this request would require a development agreement.
Expedited approval ofthis proposal by July 2003 so that tax credits and tax-exempt private
activity bonds can be obtained in calendar year 2003. Due to a specific, short-term exemption
in the prevailing wage law, if the financing is allocated by December 31, 2003, the project
would not be required to pay prevailing wages despite its receipt of tax credit/tax exempt
bonds and other public subsidies, such as the request for waiver of City fees.
Consideration of a density bonus provision of the Zoning Ordinance to allow a small amount
of retail uses (5,000 sq. ft.) onsite to maximize the ability for the applicant to get more points
when the request for tax-exempt private activity bonds is considered by the state.
A 25% density bonus from 744 units now permitted on the site to 928 units in conformance
with Section 8.52.04D of the Municipal Code, which grants such requests ifmore than 20% of
the total units are for low income households or 10% for very low households.
Dublin Ranch is requesting a subsidy of $14,500 per unit for low and very low units (468) up
to $6.786 million in either in the form of a waiver of application and processing fees or grants
from the Inclusionary Zoning Fund for the 468 very low and low-income affordable units to be
constructed.
A request for the City to waive any further Inclusionary Housing requirements for any future
Dublin Ranch projects (Area F, B, Dublin Ranch West) and any new commercial or industrial
housing fees (commercial linkage) on remaining Dublin Ranch.
Fast track City processing to obtain entitlements in July 2003 to avoid the prevailing wage
criteria mandated by SB 172; they believe the prevailing wage criteria will make this financing
approach infeasible.
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The following variations from the requirements of the Inclusionary Zoning Regulations are apparent:
1. Dispersal. Since the units would not be constructed with each residential development project
in Dublin Ranch over 20 units, affordable units would not be reasonably dispersed throughout
Dublin Ranch. (See 8.68.030.A, 8.68.030.E.) The 629 affordable units would be dispersed
throughout the 928-unit project as a whole.
2. Unit Size. Since unit sizes in the remainder of Dublin Ranch are currently unknown, Staff
cannot determine if the affordable units proposed reflect the range of units in the project as a
whole. (See 8.68.030.E.)
3. Affordability Allocation. The project proposes in income allocation of: 26% moderate
income; 54% low income and 20% very low income. The proposal therefore shifts a
significant number of units from the moderate-income level to the low-income level.
The City Council is authorized to approve variations in the ordinance requirements under section
8.68.040.E, which allows for "alternative methods of compliance" if the methods meet the requirements
of the Inclusionary Zoning Regulations.
Several issues have been raised by this proposal; the concentration of all affordable housing requirements
for future Dublin Ranch projects into one project is the most important policy question. To date, the City
has followed the Inclusionary Zoning Ordinance, which addresses the need to have each project over 20
units provide 12.5% of required units as affordable and requires these units to be 50% be moderate, 20%
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low and 30% very low. In addition, the applicant has chosen to build fewer moderate-income units (26%)
than the 50% required by the Inclusionary Ordinance.
From the request, Staff is requesting direction on the following:
A) Concentration of affordable housing: Based on Dublin Ranch's request, does the City
Council support the idea of concentrating the affordable units for the entire Dublin Ranch in
one location? This would be an exception to the City Policy under Sections 8. 68.030.A and
8.68.030.E of the Zoning Ordinance, which would otherwise requires dispersal through each
new residential project in Dublin Ranch in excess of 20 units.
B) Subsidies: Dublin Ranch has requested a subsidy from the City for either in the form of a
waiver of application and processing fees or grants from the Inclusionary Housing Fund for all
very low and low-income units proposed (468 units or 74% of proposed affordable units in the
project).
1. Pursuant to the Inclusionary Zoning Ordinance, the developer will be required
to provide 212 low and very low income and 213 moderate units with no City
subsidy.
2. Staff does not believe that it is appropriate to provide a subsidy for units
required by the Ordinance. Since the developer is proposing to provide more
affordable units than required, some subsidy may be appropriate.
However, the City has not had adequate time to review the proposed financing plan for the
project and the implication of such a large subsidy on the ability of the City to undertake other
housing projects and housing initiatives in the future. Should any subsidy be considered?
C) Moderate housing needs: New projects have been encouraged to meet the 50% moderate-
income household requirements as well as the 50% low/very low in their projects. Generally,
projects with below 60% of the household income may not provide housing for the workforce
housing needs (teachers, etc.) which has been a large need in Dublin. This project does not
have 50% moderate housing. Should the project be required to provide the 50% moderate
household requirement as now identified in the Inclusionary Ordinance?
D) Timing of the project: To complete the required entitlements (Rezoning, Environmental
Review, Site Development Review, Development and Affordable Housing Agreements) by
July 2003 as requested by the applicant may be difficult or impossible to obtain. Only four
months are left and the public hearing process takes approximately 90 days to complete for
rezoning, agreements, etc. The City Council would need to reassign present high departmental
priorities, including delaying work on the Senior Housing Project, Toll Brothers Affordable
Housing implementation and work on the Transit Center new residential projects (Avalon Bay,
Lennar), which are time sensitive as well. Does the Council wish to make this project top
priority in order to complete it by July 2003?
Based on Dublin Ranch's proposal and the above analysis, Staff has identified three options for the City
Council's review:
Option 1 - Applicant's Proposal
Benefits Disadvantages
. Creation of 628 affordable units in the . Change in existing Inclusionary policy
short term would help to meet the City's which recommended that each individual
ABAG Fair Share Housing Obligation project over 20 units provides
Inclusionary units
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Benefits Disadvantages
. Easier to obtain outside funding (4% tax . Subsidies are requested from the City for
credits, etc.) and provide lower rents with a all very low and low units in project; not
large concentrated single project just those above 12.5%
. More than 12.5% of required units would . Few moderate units; a key housing need
be built in Dublin for workforce
. Requirement to waive any future
Inclusionary units for entire Dublin
Ranch project even though actual future
build out units are unknown
. Substantial concentration of affordable
units in one location
Staff would recommend that if the City Council were in favor of this request to concentrate all
requirements into the one project, the Council should:
. Provide no financing for the 12.5% (425) mandatory units. Currently, this is a requirement for all
developers. Only consider possible subsidies for the units beyond the 12.5% requirement (204
units).
. Require the developer to provide more moderate-income units in conjunction with this project,
which will help provide opportunities for Dublin's workforce. While a predominately low/very
low complex is easier to get tax credit financing, moderate units are needed. Some three-bedroom
units should also be provided for affordable family units.
. Instruct Staff to process a 25% density bonus for the project in accordance with provisions in the
Zoning Ordinance and consider the retail and parking standards element of the proposal.
. Provide that the total affordable units proposed create credit against expected affordable housing
requirements for the Dublin Ranch pursuant to section 8.68.060; the exact number of affordable
units required in the future could vary above or below the 3,999 build out units now projected. To
the extent projects are approved in excess of those units, further compliance with the Inclusionary
Zoning Regulations would be required; to the extent fewer units are proposed, the developer could
sell the credits consistent with the terms of section 8.68.030.
. Instruct Staff to identify what Departmental priorities should be changed to facilitate the
processing of this project as the highest priority and return along with a more complete financial
evaluation of the applicant's financing plan at the March 18th City Council meeting.
. Instruct Staff to commence processing ofthe project when a complete application is received.
Option 2 - Build several affordable housing complexes on the Dublin Ranch in the future that
would cover the estimated 425 unit affordable housing requirement for build out of Dublin Ranch.
Benefits Disadvantages
. Less concentration of affordable units (2-4 . Harder to obtain tax credit financing for
projects of 100+ units might be built) projects that have less than 50%
affordable units
. Better possibility to get percentages of . More difficult for developer to create
market rate projects with moderate income more than one project
units
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Benefits Disadvantages
. Smaller projects may be compatible with . Will have to deal with prevailing wage
moderate income housing units included issues for tax credit financed affordable
housing projects after 2003; increasing
the cost to the developer
Staff would recommend that if the City Council were in favor of this approach:
. Instruct the Applicant to downsize the request for this site to a smaller project and now (or in the
future) have the applicant identify 2-4 more sites for affordable housing elsewhere in the Dublin
Ranch for which credit would given for the remainder of Dublin Ranch;
. Have the Applicant plan for the inclusion of moderate-income affordable units in these new
projects as required by the Inclusionary Zoning Ordinance (50%); and
Option 3 - Continue existing policy of requiring Inclusionary Affordable Housing requirements in
all new individual projects.
Benefits Disadvantages
. Disperses affordable housing throughout . Smaller projects will have to contribute
Dublin Ranch land or build in concert with other
projects, feasible low/very low rental
projects
. Opportunity to get moderate income as . Developers will have to consider different
well as low/very low projects more housing types into overall projects in the
integrated into new larger projects future. Duplexes, Triplexes, and/or small
apartment complexes may be necessary in
conventional single family neighborhoods
. Smaller concentrations of affordable units . Individual small developer will have to
in projects throughout the community work with other developers to achieve
ways to meet their lower Inclusionary
requirements
Staff would recommend that if the City Council were in favor of this approach, the City Council should:
. Instruct the Applicant to withdraw the present approach and include Inclusionary housing in all
new Dublin Ranch projects; and
. Instruct Staffto work with the Applicant on methods of achieving project Inclusionary
requirements that can be accomplished in the variety of residential projects anticipated in the
future for Dublin Ranch.
RECOMMENDATION:
Staff recommends that the City Council review the Applicant's request; evaluate Staff comments and give
consensus direction to Staff and the Applicant to proceed with one of the three options as outlined by
Staff.
G: agenda/2003/ccsr Dublin ranch affordable housing 2-18 final
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CHAPTER 8.68
INCLUSIONARY ZONING REGULATIONS
8.68.010. Purpose. The purpose of this chapter is to:
A. enhance the public welfare and assure that further housing development contributes to the attainment
of the City's hO\lSing goals by increasing the production of residential units affordable by households
of very low, low, and moderate income.
B. assure that the limited remaining developable land in the City's planning area is utilized ina manner
consistent with the City's housing policies and needs. .
8.68.020~ Definitions. As used in this chapter, each of the following terms shall be defined as follows:
A. "Affordable Unit" means an ownership or rental-housing unit, including senior housing, affordable to
households with very-low, low, or moderate incomes as defined in this chapter.
1. Rental units are deemed affordable units if the annual rent does not exceed 30% of maximum
income level for very-low-, low-, and moderate-income households, adjusted for household
size and as defined below.
2. Owner-occupied units are deemed affordable units if the sales price results in annual housing
expenses that do not exceed 35% of income level for very-Iow-, low-, and moderate-income
households, adjusted for household size and as defmed below.
B. "Applicant" means any person, firm, partnership, association, joint venture, corporation, or any
entity or combination of entities that seeks city real property development permits or approvals.
C. "Dwelling unit" means a dwelling designed and intended for occupancy by one household.
D. "Very-low-, 10w-, and moderate-income levels" means those income and eligibility levels
determined periodically by the California Department of Housing and Community Development
based on Alameda County median income levels adjusted for family size. Such levels shall be
calculated on the basis of gross annual household income considering household size and number of
dependents, income of all wage earners, elderly or disabled family members, and all other sources of
household income and will be recertified as set forth by local standards, and state and federal housing
law.
1. "Very-low income" means 50% or less of the median income, adjusted for actual household
SIze.
2. "Low income" means more than 50% to 80% of the median income, adjusted for actual
household size.
3. "Moderate income" means more than 80% to 120% of the median income, adjusted for actual
household size.
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E. "Resale controls and/or rent restrictions" means legal restrictions by which the affordable units shall
be restricted to ensure that the unit remains affordable to very-10w-, 10w-, or moderate-income
households, as applicable, for a period of not less than 55 years. With respect to rental units, such
rent restrictions shall be in the form of a regulatory agreement recorded against the applicable
property. With respect to owner-occupied units, such resale controls shall be in the form of resale
restrictions, deeds of trust, and/or other similar documents recorded against the applicable property.
F. "Residential development" includes, without limitation, detached single-family dwellings, multiple-
dwelling structures, groups of dwellings, condominium or townhouse developments, condominium
conversions, cooperative developments, mixed use developments that include housing units, and
residential land subdivisions intended to be sold to the general public.
8.68.030. General Requirements
A. 12.5% Affordability Requirement. All new residential development projects of 20 units or more
designed and intended for permanent occupancy shall construct 12.5% of the total number of
dwelling units within the development as affordable units, except as otherwise provided by this
chapter. The foregoing requirement shall be applied no more than once to an approved development
(and generally at the tentative map stage), regardless of the changes in the character or ownership of
the development, provided the total number of units does not change. In applying and calculating the
affordability 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.
B. Allocation of Units to Income Levels. Affordable units provided pursuant to this section shall be
allocated to households with very-low, low-, and moderate-income levels as follows:
Very-low-income households
30%
Low-income households
20%
Moderate-income households
50%
Where the calculation of the allocation results in fewer units that would otherwise be required
pursuant to subdivision A above, one additional unit should be allocated to the income level with a
decimal fraction closest to 0.50.
C. Conditions of Approval: Any tentative map, conditional use permit, or site development review
approving residential development projects subject to this chapter shall contain conditions sufficient
to ensure compliance with the provisions of this chapter. Such conditions shall detail the number of
affordable units required, specify the schedule of construction of affordable units, set forth the
applicant's manner of compliance with this chapter, and require the execution of an agreement
imposing appropriate resale controls and/or rental restrictions on the affordable units.
D. Concurrent Construction. All affordable units in a project or phase of a project shall be constructed
concurrently with market-rate units, unless the City Manager determines in writing that extenuating
circumstances exist that make concurrent construction infeasible or impractical.
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E. Design and Distribution of Affordable Units. All affordable units shall reflect the range of
numbers of bedrooms provided in the project as a whole and shall not be distinguished by exterior
design, construction, or materials. Affordable units may be of smaller size than the units in the project
and may have fewer amenities than the market rate units in the proj ect. All affordable units shall be
reasonably dispersed throughout the project.
8.68.040. Exceptions to 12.5% Affordability Requirement. Developers of projects subject to 8.68.030A
shall construct 12.5% of the total number of dwelling units within the development as affordable
units, unless subject to an exception set forth in this section. All exceptions require City Council
approval, which shall be obtained at or prior to the last discretionary approval for the project.
A. Payment of Fees In Lieu of Creation of Affordable Units. Upon request of the applicant, the City
Council shall pennit the applicant to pay a fee in lieu of constructing up to 40% of the affordable
units that the developer would otherwise be required to construct pursuant to Section 8.68.030A. The
amount of the fee shall be as set forth in a resolution of the City Council, which may be amended
from time to time to reflect inflation and changed conditions in the City and the region. In lieu fees
shall be paid at the time and in the amount set forth in the in lieu fee resolution in effect at the time of
issuance of the building permit.
B. Off-Site Projects. An applicant may construct the affordable units not physically within the
development in lieu of constructing some or all of the affordable units within the development, with
the approval of the City Council, if the City Council finds:
1. that construction of the units off-site in lieu of constructing units on-site is consistent with the
chapter's goal of creating, preserving, maintaining, and protecting housing for very low-, low-
and moderate-income households.
2. that the units to be constructed off sit~ are consistent with Section 8.68.030E above.
3. that it would be infeasible or impractical to construct affordable units on-site.
4. that conditions of approval for the project require that the off-site affordable units would be
governed by the terms of a deed restriction and, if applicable, rental restrictions similar to that
used for the on-site affordable units.
5. that the conditions of approval for the project, or other security such as a cash deposit, bond,
or letter of credit, are adequate to require the construction of the off-site affordable units
. concurrently with the completion of the construction of the residential development or within
a reasonable period (not to exceed 5 years).
C. Land Dedication. An applicant may dedicate land to the City or city-designated local non-profit
housing developer in lieu of construction of some or all of the required affordable units, if the
Council finds that:
1. that dedication ofland in lieu of constructing units is consistent with the chapter's goal of
creating, preserving, maintaining, and protecting housing for very-low, low- and moderate-
income households.
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2. that the dedicated land is useable for its intended purpose, is free of toxic substances and
contaminated soils, and is fully improved, with infrastructure, adjacent utilities, grading, and
all development-impact fees paid excluding any inc1usionary zoning ordinance fees.
3. that the proposed land dedication is of sufficient size to meet the following requirements:
a. the dedication includes land sufficient to construct the number of units that the
applicant would otherwise be required to construct by Section 8.68.030.A, based on
the size of lots in the subdivision for which the applicant is meeting its obligation; and
b. in addition, the dedication includes such additional land the market value for which is
equal to or exceeds the difference between the value of a market-rate, l200-square
foot unit and the price at which such a unit could be sold as an Affordable Unit (which
amount shall be set forth in a resolution adopted from time to time by the City
Council) times the number of units required.
D. Credit transfers. An applicant may fully or partially satisfy the requirements of Section 8.68.030A
through the use of transfer credits created pursuant to Section 8.68.060. Credit certificates shall be
presented to the Community Development Director, who shall note at the time of project approval the
credit certificate by number. Credit certificates may only be used to satisfy the requirements for
Inclusionary Units for the income category (Le., very low, low, or moderate) and number of
bedrooms for which they are issued.
E. Waiver of Requirements. The City Council, at its discretion, may waive, wholly or partially, the
requirements of this ordinance and approve alternate methods of compliance with this Chapter if the
applicant demonstrates, and the City Council finds, that such alternate methods meet the purposes of
this Chapter.
8.68.050. General Procedures for Implementing Inclusionary Zoning Requirements
A. Agreements. Prior to the issuance of a building permit for an affordable unit, resale restrictions or
rental controls, or both, as the case may be, shall be set forth in an agreement between the City and
the developer, in a form consistent with the City Council-adopted form agreement, which agreement
shall be recorded against the property containing the affordable units. The agreement shall be
executed by the City Manager, and its requirements shall run with the land and bind the applicant's
successors.
B. Rental Units; Occupancy; Annual Report. Agreements involving rental units shall require the
owner of the affordable units to ensure that the units are occupied by tenants whose monthly income
levels do not exceed moderate income levels and shall preclude tenants from subletting or subleasing
the unit. The agreement shall also require the owner of the affordable unit to submit an annual report
to the City Manager, in a format approved by the City. The report shall include, but not be limited to
the following information: an identification of the affordable units within the project; the monthly
rents charged and proposed to be charged; vacancy information for the prior year; and the monthly
income for tenants of each affordable unit throughout the prior year.
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C. Ownership Units; Occupancy; City's Right of First Refusal. Agreements for ownership units
shall specify that the inc1usionary units must be occupied by the owner or owners and may not be
leased or rented without the written approval of the City. The resale restrictions shall provide that in
the event of the sale of an affordable unit, the City shall have the right to purchase any affordable
owner-oc;cupant unit at the maximum price that could be charged to an eligible household.
D. Selection Criteria. No household shall be permitted to occupy a unit that is required under this
chapter to be affordable unless the City or its designee has approved the household's eligibility.
Eligible potential occupants of affordable units will be qualified on the basis of household income,
the median combined household income statistics for Alameda County published periodically by the
California Department of Housing and Community Development, all sources of household income
and assets, the relationship between household size and the size of available units, and any further
criteria required by law. The developer shall use an equitable selection method established in
conformance with the terms of this chapter. The selection criteria may not distinguish between adults
and children. Selection of qualified person should be based on priorities established using the point
system described below:
. Employed within the boundaries of the City of Dublin (3 points, one per household)
. Public Service employee working in the City of Dublin (1 additional point)
.. Dublin resident (3 points, one per household)
.. Seniors (1 point, one per household)
. Permanently disabled (1 point, one per household)
To qualify as a "Public Service Employee", the person shall be employed by a Public Agency.
To qualify as "Employed within the boundaries of the City of Dublin", the person shall have been
employed within the City of Dublin for at least six months.
To qualify as a "Dublin resident," the person shall have been a resident of the City of Dublin for at
least a one-year period prior to the eligibility determination.
8.68.060. Affordable Unit Credits.
A. Creation. Affordable unit credits may be created by the City CounciL One affordable unit credit
certificate shall be issued for each affordable unit constructed in excess ofthe number of affordable
units required to be constructed for the project by Section 8.68.030A. The certificate shall designate
a specific income category (i.e., very-low, low, or moderate income) and number of bedrooms for
which they are issued.
B. Ownership and use of credits. Affordable unit credit certificates are issued to and become the
possession of the project owner, who may then use them to satisfy 'L1.erequirements of this chapter
for another project in the City. If a project owner proposesto sell credit certificates, the parties shall
first obtain the consent of the Community Development Director, who will dOCUl-nent the transfer by
certificate number.
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8.68.070. Incentives to Encourage On-Site Construction of Affordable Units. The City may, but shall
not be required to, offer incentives or financial assistance to encourage the on-site construction of
affordable units in excess of 12.5% ofthe total number of units in the project to the extent
resources for this purpose are available and approved for such use by the City Council or City
Manager. Such incentives may include, but shall not be limited to, the following:
A. Fee Deferral.
1. Development Processing Fees. 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 ofthe City Manager.
2. Development Impact Fees. The City Council may authorize the deferred payment of
development impact fees applicable to the affordable units. Approval of this incentive
requires demonstration by the Applicant that the deferral increases the project's feasibility.
The applicant must provide appropriate security to ensure future payment of such fees.
B. Design Modifications. The City Council may approve design modifications to affordable units that
increase the feasibility of the construction of affordable units, including but not limited to, the
following:
1. Reduced lot size.
2. Reduced setback requirements.
3. Reduced open space requirements.
4. Reduced landscaping requirements.
5. Reduced interior or exterior amenities.
6. Reduction in parking requirements.
7. Height restriction waivers.
8.68.080. Inelusionary Zoning In Lieu Fee Fund. In Lieu Fees shall be deposited into a fund known as
the "Inclusionary Zoning In Lieu Fees Fund" ("Fund").
I\.. Use. 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.
B. Annual report. The City Manager shall prepare an annual report to the City Council identifying the
balance of monies in the Fund and the affordable 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.
8.68.090. Violations. It shall be unlawful for any person, firm, corporation, partnership or other entity that
is subject to this ordinance pursUilllt to section 8.68.030A to violate any provision or to fail to
6
I
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.
8.68.100. Enforcement.
A. General The City Manager shall enforce this chapter, and its provisions shall be binding on all
agents, successors, and assigns of an applicant. The City Manager may suspend or revoke any
building permit or approval upon finding a violation of any provision of this chapter. No land-use
approval, building permit, or certificate of occupancy shall be issued for any residential development
unless exempt from or in compliance with this chapter. The City may institute any appropriate legal
actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions
to revoke, deny, or suspend any permit or development approval.
B. Excessive rentsllegal action. If the City Manager determines that rents in excess of those allowed
by operation of this chapter have been charged to a tenant residing in an affordable 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.
8.68.110. Appeals. Decisions of the City Manager under this Chapter may be appealed as provided in
Chapter 8.136.
G:\PA#\2001\01-038\ce ord.1-7-03.doc
7
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MARTIN W. IN'DERBITZEN
Attorney at Law
February 10, 2003
Eddie Peabody
Community Development Director
City of Dublin
100 Civic Plaza
Dublin, California 94568
Re: Dublin Ranch AffonJable Housing Proposal
Dear Eddie:
The purpose of this letter is to outline our proposal to meet the entirety of the
affordable housing obligation for the remainder of Dublin Ranch (inclnding Dublin
Ranch West - Wallis). This proposal follows several months of analysis and study on
our part and research into the construction and financing of affordable housing projects in
California. We are very excited about the proposal and are prepared to move forward
immediately with a fannal, detailed submittal to the City for approval. However) prior to
proceeding with this detailed level of a project submittal we would appreciate an
opportunity to review the Concept Plan with the City Council in order to confinn the
Council's support for our approach.
PrOlect DescriotIon
We introduce here, our conceptual proposal for a 928~UJ1it rental/apartment
project on the high-density residential parcels in Dublin Ranch Area B (see the attached
Area Map). The project will consist of 320 senior restricted units (i.e., senior only) and
608 family (non~senior restricted) units. The project will sit on approximately 25 acres in
Dublin Ranch immediately east of the Area G Town Center residential project currently
lUlder construction by Toll Brothers. The overall project density will be approximately
47 dwelling units per acre net or 37 dwelling units per acre gross. The development
concept will be very similar to the Shea Properties Wateiford project on Tassajara Road.
AT. Tn"U~,~r:f,~!T ;)
I'Hiiftv~UfU..h Ii V\
7077 Korl Center' Parkway, Suite 120, Plt~asanton, California 94585 Phone g25 485.10SQ Fax 925485-1065
Mr. Eddie Peabody
February 10, 2003
Page Two
ArfofdabUit~
Fully integrated throughout the project would be a total of 629 affordable units.
These units would be allocated as follows: 127 units at or below 50% of the area median
income (or very low income under the City's Ordinance), 341 units at 50% to 60% of the
area median income (or low income under the City's Ordinance), and 161 moderate units
at 120% of tIle area median income.
The area median income (AMI) is presently $74,500; thus, qualifying income for
these units would range from a low of $29,800 annually to a high of $44,700 annually
(for the low and very low units).
Dublin's Affordable Housine Ordinance
For purposes of this proposal We assume build out of Dublin Ranch to be 3,399
dwelling units (see the attached Exhibit .,~" indicating projected build out by area
within Dublin Ranch using either proposed development plans or the mid point of
densities under the City's Specific Plan and the approved Dublin Ranch Ordinance).
Applying the City's 12.5% inclusionary requirement to the proposed build out of Dublin
Ranch would result in a requirement of 425 affordable dwelling units within the project.
Thus, OUf proposal will exceed this requirement by 204 dwelling units.
In additjon~ the City's Ordinance proposes a distribution of affordable units of
50% at moderate income (80% to 120% of area median income); 20% at low (50% to
80% of area median income); and 30% at very low (50% of area median income). By
contrast, therefore~ our proposal will produce not only more affordable units than the
Ordinance requires but it will produce these units at a deeper level of affordability.
Timin~
We would like to proceed with this project as soon as possible. For this project to
be feasible it will be necessary to obtain a tax-exempt private activity bond allocation via
the California Debt Limit Allocation Committee (CDLAC) in calendar year 2003. The
last date to submit an application for this allocation is July 16, 2003. Thus, we must work
together to m.ove this application quickly through the City's approval process in order to
meet the application deadline. If projects do not receive a CD LAC bond allocation in
2003 they will be required to comply with prevailing wage criteria which wi1lmake this
project no longer feasible. (For a more extended discussion of the project mix together
with the phasing and finanCing proposal, please see the attached which has been
developed by our financing consultant, Klein Financial Corporation.)
It 6lJ
Mr. Eddie Peabody
February 1O~ 2003
Page Three
S,!ecial Consideration
There are very few special considerations that we will be asking from the City of
Dublin in order to assist in the development of this project; however~ there are a few key
issues that should be highlighted for discussion:
1. fu order to maximize the potential for receipt of a CDLAC bond
allocation, it is important that there be on site retail available for the residents. The
manner in which this is integrated with the project should be discussed.
2. Parking requirem.~nts for this project should be discussed as it relates to
the City's "standard" requirements. Please note the large number of senior restricted
units that will be on site.
3. We will be asking for fee concessions from the City. Our request is for
City participation in the amount of$14~500 per affordable unit (for the low and very-low
units only) for a total of $6,786,000. The City participation may come iu phases with the
project($2,218,50Q in the first phase, $2,334,500 in the second phase and $2~233~OOO in
the final phase).This may come in the form of a waiver of the City application arid
processing fees or a grant from the City's housing fund.
Affordable Housin~
This proposal while dispersing affordable housing dwelling units among the 928
unit project proposed does not spread the affordab~e dwelling units throughout the
remainder of Dublin Ranch. We will be looking for direction from the City COilllcil that
our proposal is an acceptable way to meet (exceed) the affordable housing ordinance
requirements. If approved, we will be requesting a finding that Dublin Ranch is exempt
from any further affordable housing requirement (i.e., exempt from fees and mandatory
incIusionary requirement) for all properties both residential and non-residential. This
would include the Dublin Ranch West - Wallis property currently pending City
consideration.
Conclu~ion
We are very excited to present this opportunity to the City of Dublin. It will
result in an up-front compliance with the City's affordable housing Ordinance for Dublin
Ranch and put the City at the forefront of the Bay Area in meeting its affordable housing
obligations. We would like to meet with you next week to review some of the details of
(, f; ,~.)
., "(:)
Mr. Eddie Peabody
February 10, 2003
Page Four
this proposal and answer any questions you might have prior to the City Council
discussion of this item on February 18th, Thank: you in advance.
Very truly yours,
MWI/lmh
Enclosures
cc: Jim Tong
i b-- ~_\
Dublin Ranch
Fairway Ranch Apartment Community Overview
February 7, 2003
BackgroP.,!lt!
Under its current development plan, Dublin Ranch has 3,399 more units to develop in its
Dublin Ranch Master Plan Community, therefore under the City's inclusionary zoning
ordinance, it is required to construct 425 affordable units. Accordmg tQ the Qrdinance, the
425 affordable units shall be allocated to households with very~low, low and moderate-
income levels as follows:
;;'~~i1i;~'~W!;~aQ~~m~1{18~~iA~PI~li~~M6ili~J;trr;:~~:;i:!ij;:';':ii ;;:~i:~wi:qml.~!:~3Si~P&f;I~~:~
Low-income.(SO% - 80% AMI) 85 units - 20%
. "I ,.. 'f'"'' -"111'''/' .,"....'\l".. '''1''', /'\ '."'I"'"'~'l" '"""'A""~I'~r"I'I'"'!MI'I"Am'" ., .....", """",'.)-.1".....'..'''1'rrll. ,"'''' .:".I,...""...."..~\\..,v~...':l.rt'..:.'. ,~.,.I\.',,'.', '....\
':-1\:';rAi;.'l:e"":..o~j;."i':~*ii.;:M'''',:ii''tJ:0, It ":i':;J.i'l':~!i:'l;O~',.:' :; '" \ "I:" ':;,:; ,~,,+",: ',: i;"jl)'~':I::r<'~:;iili~:."':ili'~~i\i'I'O'{:J:', ,:,,!
': ,:l.yrt.~~" ,f,~,~~~~S!!~R.:~.~~.. \ .,'. ..:~li :~:J I~~:~~::' '. .:..:,:;..,!1,.~~,~1:.;..:::;;::::.';; '~::f~:': ~'1~~;P:~~~:~;1'!.::~~~:~~~:.: ,:.!
Total 425 units
Proposal
Dublin Ranch would like to satisfy its 425 affordable housing unit requirement under the
City's inclusionary housing ordinance at its 23.6 acre parcel located in Area B, which is
currently zoned for high density development. The proposed plan is to build approximately
928 units) in three phases, on the 23 .6-acre parcel. This development plan will produce
more affordable units than are required under the City's IncIuslonary zonln~ ordinance
and the afforda.ble units created will be at a deeper level of afford ability than required
(see tables below).
,..,0>.;.;,...".:.:.........,,'.... .r;"'.~ :I'.,\.~~.., ".,.~..:R.t..,"..'..;l '~,\.,."...,.~,.">i...." tI'"""~"",,,, . "f,ll' i"" '7""'" '''1'[' "'.1'.".."".....". "II I, r........ 1....,]11.11..,..'
,',"':'",:' i,1I.::, ,"':""'," ry',,' ,,",,",~'l,:O":,', n,,',",' , lfi' ',"h, ','0'''.' m' ','.'e','.',,",(:t',,",",':."'.' ',",g"',"s",',:,:\""'th,,,' ,,:",.' 'n' .',' ,':,'r,'".',p" ,6':l'I",'f;l"t,.'!','.\!;,',!',',:1I:,.,','.'lM' :."',,.,)' ':C"':"':"""""""'" ::,,' ,": :,! ~::> ': ,:fi:", ,ii, i'::::''! ,'t':':':'!';'~l':""'''': ':T:', i::':,; ::I;'OY ,'i"l,~",,~:\:'h'i.:
~,,":!\iioI ',lff '*' '~\,;I. c;u.~.:..1: ~{~V:J.,.:.J..' !,!.;~!;::'~ ': ::~~. ;l~:~!:.; ;:III:!(.!;',::!!I!'" :~::"~'~''i: .!:~:t. r f:.::\::::'::'.~',~,., ;'.: : : : .' .:.f~.l.~f~;W!~~'!~::i
Low-income (50% - 60% AMI) 341 85 256 units
t:;M~a~t~tii~'iii~hri!l~:,(89~~7i.~~f~0,%1;~t)::::;:;:;::,:"::: :~:')[:'~ ;:;;:::::,~;:t~fi!liiF;"1 r:;q~21f[r:~1~:;: rn1f~S2)~ifffi~~~~3.'1
Total Affordfl:ble Units 629 425
F ij9~~~~tNlitt.l1i~~Iqf1?Mt9.~iiiW.ij;;$f~!jTj::~'d:i~:':i: ';,:i~ d~i!: @!~0i4f!!:\:~i~fJH\~if:i,~ n!.~:il~41{~,~I.~~fr;
Bonus Number of Affordable Units Under Proposed Plan
Provided Required Difference
\0 ~7
D
Deeper AffordabUlty in Meetln2 the Minimum Affordable Unit Requirement
Proposed RequIred
Dublin Ranch Inclusionary Ordinance
Affordable UnIts % Affordable Units %
50% AMI 127 20% 127 30%
50% - 60% AMI 341 54% 0 0%
50% - 80% AMI 0 0% 85 20%
80% - 120% AMI 161 26% 213 50%)
Total 629 100% 425 100%
A brief overview of the three phases is outlined below:
phase 1;. The first phase is expected to be a 304 unit mixed income multi-family facility to be
constructed with 50% of the units designa.ted as affordable units. Of the total units, 13.49%,
or 41 units, will be reserved for households whose incomes do not exceed 50% of the
Alameda County Area Median Income (AMI), based on household size and 36.84%, or 112
units, will be reserved for households wbose incomes do not exceed 60% of the Alameda
County AMI. The project will also iuclude 54 units reserved for households whose incomes
do not exceed 120% of the Alameda County AMI. The development is expected to contain
152 one-bedroom units and 152 two-bedroom units with the affordable 1lllits allocated
proportiona.tely among the one and two bedroom u~ts.
Phase 2: The second phase is expected to be a 320 unit senior mixed income facility to be
constructed with 50% of the units designated as affordable units. Of the total units, 13.44%:
or 43 units, vviIl be reserved for households whose incomes do not exceed 50% of the
Alameda. County Area Median Income (AMI), based on household size and 36.88%, or 118
units, will be reserved for households whose incomes do not exceed 60% of the Alameda
County AMI. The project will also include 54 units reserved for households whose incomes
do not exceed 120% of the Alameda County AMI. The 'development is expected to contain
240 one-bedroom units and 80 two-bedroom units with the affordable units allocated
proportionately among the one and two bedroom units.
Phase 3: The third phase is expected to be a 304 unit mixed income multi-family facility to
be constructed with 50% ofthe units designated as affordable units. Of the total units,
13.82%, or 43 units, will be reserved for households whose incomes do not exceed 50% of the
Alameda County Area Median Income (AMI), based on household size and 36.51 %. or 111
units; will be reserved for households whose incomes do not exceed 60% of the Alameda
County AMI. The project will also include 53 units reserved for households whose incomes
do not e:x:ci;led 120% of the Alameda County AMI. The development is expected to contain
152 one-bedroom units and 152 two-bedroom units with the affordable units allocated
proportionately among the one 'and two bedroom units.
The first two phases totaling approximately 624 units, would be built concurrently. To
finance all three phases of this development, Charter Properties will pursue ta.x-exempt
private activity bond financing (via a California. Debt Limit Allocation Committee bond
\~
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allocation), ,4% federal low. income housing tax credits and city assistance. Please see the
Phase 1 Detailed Financing Plan of this overview for an illustration of the proposed financing
structure.
Benefits of the. Proposal
. The affordable housing units created under the Dublin Ranch proposal will be at a
deeper level of afford ability than if the units were created according to the City's
inclusionary housing ordinance.
. The proposal will create an additional 204 affordable units beyond what is required
under the City's inclusionsary housing ordinance.
. The mixed income multi-family development plan outlined above will allow the
developer to access favorable financing programs such as ta:x.-exempt private activity
bond financing and 4% federal low-income housing tax credits. Access to these
favorable financing programs will allow the developer to create the most affordable
units with the least amount of city assistance and at the deepest levels of affordability.
., The proposed proj ects will be mixed income developmentsl thereby enhancing
neighborhood diversity by providing housing for a variety of income levels and
a.voiding economic segregation.
. The proposed Phase 2 age restricted development would help satisfy the :need for
senior housingj as the elderly population in the City of Dublin increases at a faster rate
than the total population.
. The creation ofllie 422 affordable units proposed in phases 1 and 2 would quickly
satisfy approximately 20% of the City's very low-income and low-income affordable
housing objectives (2002 - 2006) stated in its housing element.
In order to ensure that these projects do not become infeasible, we must work together
and move quickly to obtain a. tax-eumpt private nctivity bond allocation (via CDLAC)
in calendar 2003. The last date to submit an application for a tax-exempt bond
allocation is July 16t\ 2003. If the projects do not receive a CDLAC bond allocation in
2003, they will be required to pay prevailing wages and therefore become infeasible.
Phase 1 Detailed Financin2 Plan
Construction Period: Phase 1 of the Fairway Ranch Apartment Community (the
"Project") will be financed using a combination of funding sources. The primary source of
funds will be the proceeds of tax-exempt bonds. The sponsor expects to receive $32A 18jOOO
of 1 st mortgage bond proceeds during the construction period. credit enhanced by a finanoial
:institution (to be selected), via a Letter of Credit. The bonds will have an estimated interest
rate of 3.00%. The term of the construction period credit enhancement will be 30 months.
'Ie
-.)
During the construction period, the tax credit inyestor and developer will contribute
approximately $8,390,000. The developer will also make a developer fee loan to the
partnership in the amount of $2,621,000 and contribute land to the Project in the amount of
$9,080,000. The project will also receive proceeds from a mezzanine cash flow mortgage
(including $203,000 of accrued interest during construction) totaling $1,703,000 from KSC
Affordable Housing Investment Fund, LLC. The final source of funding anticipated is
$2,219,000 ($ 14,500/affordable unit) ofloeal city assistance.
In sum, the financing sources for the construction period are:
$32,418,000 1st mortgage tax-exempt bonds
$ 8,390,000 Tax credit and developer equity
$ 2,621,000 Developer fee loan
$ 9,080,000 Developer contributed land
$ 2,219,000 City of Dublin assistance
$ 1,703,000 KSC Affordable Housing Investment Fund, LLC Mezzanine Cash
Flow Mortgage (including accrued interest)
..................------
-----
$56~431,OOO
Permanent Period: Once the construction is completed and the Project is stabilized, the final
permanent sources of funding will be put in place. This includes a 1 at mortgage loan of
$32,418,000. The 1st mortgage tax-exempt bonds will be AAA credit enhanced, variable
interest rate bonds, at an underwritten interest rate of 5.00%, with a term of 360 months. The
full amount of the investor's tax credit equity contribution and developer equity will be
funded in the amount of $8,202,000. The developer will also make a developer fee loan to the
partnership in the amount of $2,621,000 and contribute land to the Project in the amount of
$9,080,000. The project will also receive proceeds from a mezzanine cash flow mortgage
totaling $1,500,000 from KSC Affordable Housing Investment Fund, LLC. The final source
of funding anticipated is $2,219,000 ($ 14,500/affordable unit) ofloca1 city assistance.
In sum, permanent the fInancing sources are:
$ 391,000
1st mortgage tax-exempt bonds
Tax credit and developer equity
Developer fee loan
Developer contributed land
City of Dublin assistance
KSC Affordable Housing Investment Fund, LLC Mezzanine Cash
Flow Mortgage
Lease-up cash flow required to fund project costs
$32,418,000
$ 8,202,000
$ 2,621,000
$ 9,080,000
$ 2,219,000
$ 1,500,000
-..----,--,....---
-------
$56,431,000
Apartment Community Site
Proposed Fairway Ranch
Remaining Dublin Ranch
Dwelling Unit Tabulations
744 units
TOTAL - Remaining Dublin Ranch
3,399 units
\ to u{ )-\
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928 units (w/25% density bonus)
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TOTAL 152
PARKING STALLS 160
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