HomeMy WebLinkAbout8.2 Apartment Smoking Pollution Control
STAFF REPORT CITY CLERK
File #560-90
CITY COUNCIL
DATE:February 18, 2014
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, Acting City Manager
SUBJECT:
Smoking Pollution Control Ordinance Report for Apartment Housing
Prepared by Martha Aja, Environmental Coordinator
EXECUTIVE SUMMARY:
On July 19, 2011, the Dublin City Council adopted an Ordinance that amended Chapter 5.56 of
the Dublin Municipal Code, titled Smoking Pollution Control, which required that apartment
complexes (with 16 or more units) designate 75 percent of their units as non-smoking. The City
Council will receive a report outlining compliance with the Ordinance provisions.
FINANCIAL IMPACT:
None
RECOMMENDATION:
Staff recommends that the City Council receive the report.
Submitted By Reviewed By
Assistant to the City Manager Acting Assistant City Manager
DESCRIPTION:
At the July 19, 2011 City Council meeting, the City Council adopted an ordinance that amended
Chapter 5.56 of the Dublin Municipal Code, titled Smoking Pollution Control. Specifically, the
Ordinance required that apartment complexes, with 16 or more for rent apartment units,
designate 75 percent of their units as non-smoking by January 1, 2013. In order to ensure
compliance with the Ordinance, the City Council included a provision that required the submittal
of an annual compliance report.
The annual report has been a useful tool in determining compliance and ensuring that all
complexes were on track in obtaining the required thresholds of 50 percent and subsequently 75
percent. In February 2013, Staff reported that all apartment complexes are in compliance with
the Ordinance and have a minimum of 75 percent non-smoking units. The City Council
ITEM NO. 8.2
Page 1 of 3
requested that the apartment complexes in the City affected by the Smoking Pollution Control
Ordinance continue to submit annual compliance reports.
Staff has collected reports from all eligible complexes and is presenting an update on the
progress of each complex. As part of the report, Staff created a template for property managers
to fill out indicating the number of units that were designated as non-smoking, the percentage of
lease agreements that include the non-smoking restrictions, whether all outdoor common areas
are designated as non-smoking, whether the property contains a smoking area, and an area for
the property manager to indicate compliance with the 75 percent non-smoking unit requirement.
This year, Staff also filled out information on the report (information that was reported the
previous year) to make the process simpler for the apartment complexes.
Current Non-smoking Units
The City of Dublin has 21 apartment complexes (with a total of 4,765 units) that are affected by
the Ordinance. This includes two new apartment complexes (Tralee and Connolly Station). All
complexes within the City continue to comply with the Ordinance and have obtained the
required threshold that at least 75 percent of their units are non-smoking. Some complexes
simply drew a line across the property and designated a portion as non-smoking. Others
surveyed tenants and sought volunteers to opt-in as a first and sometimes only step necessary.
Thus, in some cases, the contiguous unit requirement was difficult to obtain as some complexes
attempted to work around tenants that smoked. The Ordinance does allow this to occur with the
exact requirement being that units be contiguous as much possible.
As of January 1, 2014, the City’s apartment housing stock consisted of 4,420 (92.7%) units that
are non-smoking. This high percentage is aided by a number of large complexes that have
chosen to become all non-smoking properties. Specifically, 13 properties (Amador Lakes,
Amador Valley, Carlow Court, Connolly Station, Cottonwood, Evan Alan, Fairway Ranch,
Groves Senior Housing, Ironhorse Trail, Parkwood, Waterford, Wexford Way and Wicklow
Square) have chosen to be complete non-smoking locations and Camellia Place is close to this
number at 94 percent. As smoking units become available at Camellia Place, they will be
designated as non-smoking. This past year, three additional complexes chose to become a non-
smoking property (Ironhorse Trail Apartments, Cottonwood and Amador Valley Apartments).
A complete breakdown of each property’s progress is listed below.
Non-
Total smoking % Non-
Complex
Units Units smoking
1/1/13
Amador Lakes 555 555 100%
Amador Valley 80 80 100%
Archstone Emerald Park 324 252 78%
Avalon Dublin (Eaves) 204 156 76%
Eclipse Dublin Station
305 230 75%
(formerly Avalon)
Camellia Place 112 105 94%
Carlow Court 50 50 100%
Connolly Station 309 309 100%
Cottonwood 248 248 100%
Page 2 of 3
Non-
Total smoking % Non-
Complex
Units Units smoking
1/1/13
Emerald Park 368 336 91%
Evan Alan 20 20 100%
Fairway 304 304 100%
Groves 322 322 100%
Ironhorse Trail 177 177 100%
Park Sierra 283 237 84%
Parkwood 224 224 100%
The Springs 176 144 82%
Tralee 130 97 75%
Waterford 390 390 100%
Wexford Way 130 130 100%
Wicklow Square 54 54 100%
Total 4,765 4,420 92.7%
Lease Agreements
All complexes indicate that they have incorporated language into their lease agreements
indicating units are non-smoking.
Outdoor Common Areas
All apartment complexes indicate that the common outdoor areas are designated as non-
smoking. In addition, there are two complexes, Park Sierra and Camellia Place, that have a
designated smoking area on its property.
Impact of Ordinance
No apartment complexes reported any difficulties with the Ordinance.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was provided to all apartment complexes required to report under the
Ordinance.
ATTACHMENTS:
None.
Page 3 of 3