HomeMy WebLinkAbout2 East Dublin SP Non Vested Residential or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #420-20
DATE: August 18, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Eastern Dublin Specific Plan, Review of Remaining Non-Vested Residential
Development Sites
Prepared by Mamie R. Delgado, Senior Planner
EXECUTIVE SUMMARY:
On March 17, 2015, at the request of the City Council, Staff presented an informational report
on the status of planned residential development under the Dublin General Plan. The report
included the number of residential units remaining to be constructed City-wide and identified the
units that are vested under existing development agreements and/or vesting tentative maps or
are otherwise obligated in the Dublin General Plan Housing Element in order for the City to
achieve the regional housing needs allocation. At the request of the City Council, Staff returned
on May 5, 2015 with an informational report that focused on remaining development sites within
the Eastern Dublin Specific Plan area. The discussion included non-vested residential
development sites; non-residential development sites; existing open spaces lands; and, options
to address future residential development. At the request of the City Council, Staff has prepared
an informational report that provides a comparison between current development assumptions
and the minimum permitted density for each of the 11 non-vested residential sites within the
Eastern Dublin Specific Plan area.
FINANCIAL IMPACT:
None at this time.
RECOMMENDATION:
Staff recommends that the City Council receive the Staff presentation and provide feedback and
potential direction as appropriate.
Submitted By 'Reviewed By
Community Development Director Assistant City Manager
Page 1 of 4 ITEM NO. 1 .
DESCRIPTION:
Background
On March 17, 2015, at the request of the City Council, Staff presented an informational report
on the status of planned residential development as set forth in the Dublin General Plan
(Attachment 1). The report summarized the number of residential units remaining to be
constructed City-wide and identified the units that are vested under existing development
agreements and/or vesting tentative maps or are otherwise obligated in the Dublin General Plan
Housing Element in order for the City to achieve its regional housing needs allocation. At the
conclusion of the discussion, the City Council requested a Study Session that focused on the
following topics within the Eastern Dublin Specific Plan area:
a) Remaining non-vested residential development sites;
b) Remaining non-residential development sites;
c) Existing open space lands; and,
d) Options to address future residential development.
On May 5, 2015 the City Council held a Study Session and Staff presented an informational
report on the aforementioned topics (Attachment 2). At the conclusion of the discussion, the City
Council directed Staff to provide a comparison between current development assumptions and
the minimum permitted density for each of the non-vested residential sites within the Eastern
Dublin Specific Plan area (Attachment 3). Staff has prepared the following information for further
discussion at the Study Session.
Non-Vested Residential Development Sites
A non-vested residential development site is a site planned for residential development that is
not protected by a development agreement or vesting tentative map. Within the Eastern Dublin
Specific Plan area there are 11 non-vested residential development sites planned for 1,656
residential units (see Attachments 3 and 4). Six of these sites are obligated under the adopted
Dublin General Plan Housing Element to meet the City's moderate income housing requirement
of 425 units as further discussed below.
The land use designations for the 11 non-vested residential development sites vary and include
Single Family, Medium Density, Medium-High Density and Mixed Use. Medium Density
Residential is the predominant land use designation.
The Eastern Dublin Specific Plan sets forth a minimum and maximum residential density for
each land use designation. The Specific Plan generally assumes a mid-point density for planned
residential sites (see Table 1 below).
Table 1. Eastern Dublin Specific Plan Residential Density Ranges
EASTERN DUBLIN SPECIFIC PLAN MINIMUM MAXIMUM DEVELOPMENT
LAND USE DESIGNATION DENSITY DENSITY ASSUMPTION
Rural Residential/Agricultural 0.01 du/acre 0.01 du/acre 0.01 du/acre
Estate Residential 0.01 du/acre 0.8 du/acre 0.01-0.8 du/acre
Single Family Residential 0.9 du/acre 6.0 du/acre 4 du/acre
Medium Density Residential 6.1 du/acre 14.0 du/acre 10 du/acre
Medium-High Density Residential 14.1 du/acre 25.0 du/acre 20 du/acre
Page 2 of 4
On the non-vested residential development sites, the anticipated densities under current
development assumptions would result in 1,656 residential units. At the minimum permitted
densities, the number of units would be reduced to 834 units, a reduction of 822 units (see
Attachment 3).
Regional Housing Needs Allocation
It should be noted that six of the 11 non-vested sites have units that have been identified in the
Dublin General Plan Housing Element as satisfying the State-mandate for moderate income
housing as part of the Regional Housing Needs Allocation (RHNA). These sites are identified in
the table and map included as Attachments 3 and 4. Reducing the density on these sites is not
practical because it would require that alternate sites be rezoned to accommodate the City's
moderate income housing allocation of 425 units. Refer to Table 2 below for a summary of the
sites identified for moderate income housing.
Table 2. Moderate Income RHNA Sites
NON-VESTED RESIDENTIAL ACRES REQUIRED NO. OF MODERATE
DEVELOPMENT SITE DENSITY INCOME RHNA UNITS
Gygi/McCabe/Roshan 1.0 10 du/acre 10
Sperfslage/Beltran 3.2 20 du/acre 64
Tipper/Singh 8.2 10 du/acre 82
Anderson 7.0 15.4 du/acre 108
Chen 4.0 20 du/acre 80
Croak 10.4 10 du/acre 104
TOTALS 33.8 448
Moderate Income RHNA Requirement 425
Surplus / (Deficit) 23
For the non-vested residential sites not obligated by the RHNA, the low end of the density range
is 515 units (see Table 3 below). When combined with the RHNA sites, a total of 963 units (515
non-vested units + 448 RHNA units = 963 units) would remain to be developed. This is a
decrease of 693 units (1,656 units - 963 units = 693 units). A decrease of 693 units represents
about 2.5% of citywide housing units (28,245) or 5% of units within the Eastern Dublin Specific
Plan (13,845).
Table 3. Remaining Non-Vested Residential Sites (non-RHNA)
NON-VESTED RESIDENTIAL ACRES LOW END OF NO. OF NON-
DEVELOPMENT SITE DENSITY RANGE VESTED UNITS
Kobold/Liu 2.0 6.1 du/acre 12
Righetti 9.6 6.1 du/acre 59
Branaugh 9.7 6.1 du/acre 59
Jordan (Mixed Use) 6.4 6.1 du/acre 39
Jordan (Medium Density) 10.0 6.1 du/acre 61
DiManto (Medium Density) 10.0 6.1 du/acre 26
DiManto (Medium-High) 5.3 14.1 du/acre 75
DiManto (High Density) 3.2 25.1 du/acre 80
Croak (Single Family) 115.4 0.9 du/acre 104
TOTALS 171.6 515
Page 3 of 4
Active General Plan Amendment Studies
In addition to the non-vested units listed in this report, there are two General Plan and Eastern
Dublin Specific Plan Amendment studies under consideration by the City Council that could
increase residential units.
The first study/project is Grafton Street, formerly known as the Promenade. The City has
received a formal application following the City Council's direction to study changing the land
use designation from Neighborhood Commercial and Public/Semi-Public to a predominantly
residential use type. The application includes a proposal for 237 residential units and 35,000
square feet of small scale retail uses.
The second study is for the Dublin Land Company Parcels 2, 3 and 4 and would evaluate the
allowance of up to 399 residential units (current units are 261) and at least 90,000 square feet of
retail/commercial development (currently around 900,000 sf). However, the Applicant has yet to
submit an application to pursue this proposed study.
Feedback/Next Steps
The purpose of this Study Session is to provide an opportunity for the City Council to provide
feedback to Staff on the City's current development assumptions for non-vested units, as well as
review what impact lowering the density range may have on the City's long-term unit count.
If a majority of the City Council wants to review lowering of densities within the density range or
take any other steps other than maintaining current development assumptions, further
evaluation and study would be necessary. These steps would include, but are not limited to:
• Fiscal impacts to the General Fund.
• Analysis of the City's Impact Fee programs to determine the impacts on funding future
planned capital improvements.
• Impact on the City's ongoing economic development efforts and the ability to attract
commercial development.
• Legal implications
• Planning policy implications
• Public infrastructure implications
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Public noticing is not required for an informational report to the City Council; however, a notice
of this meeting was published in the Valley Times and mailed to owners of vacant property that
is within the Eastern Dublin Specific Plan area and specifically identified as part of this
informational report. A copy of the Staff Report was also provided on the City's website.
ATTACHMENTS: 1. City Council Staff Report dated March 17, 2015
2. City Council Staff Report dated May 5, 2015
3. Non-Vested Residential Development Sites Table
4. Non-Vested Residential Development Sites Map dated August 2015
Page 4 of 4
or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #410-10
DATE: March 17, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Informational Report on Residential Development Projects
Prepared by John Bakker, City Attorney and Luke Sims, Community
Development Director
EXECUTIVE SUMMARY:
The City Council has requested an informational report on the status of planned residential
development under the Dublin General Plan. The report summarizes the number of residential
units remaining to be constructed City-wide and identifies the units that are vested under
existing development agreements and/or vesting tentative maps or are otherwise protected in
the Dublin General Plan Housing Element in order for the City to achieve the regional housing
needs allocation.
FINANCIAL IMPACT:
No financial impact.
RECOMMENDATION:
Staff recommends that the City Council receive the report.
_ .... °...._ J'
Submitted By Submitted By 'A Reviewed By
Community Development City Attorney Assistant City Manager
Director
DESCRIPTION:
On February 17, 2015, the City Council requested that Staff prepare an informational report on
planned residential development with and without vested development rights (i.e. Development
Agreements and/or Vesting Tentative Maps).
Vested Development Rights
Under California law, cities can generally restrict development projects from going forward up
until the point where the developer has completed substantial construction based on a building
permit. The Legislature has developed two mechanisms to provide security to developers:
Page 1 of 4 ITEM NO. 8.3
development agreements and vesting tentative maps. Residential development projects that
have adopted Development Agreements or approved Vesting Tentative Maps have vested
development rights. These rights provide security to developers that the City will not change its
zoning and other laws applicable to the project. As of December 31, 2014, there were 5,123
vested residential units City-wide; this represents over half (58%) of the remaining units planned
under the Dublin General Plan. The remaining 42% (3,664 units) are considered non-vested.
Of the non-vested residential units, nearly 60% (2,191 units) are located within the Downtown
Dublin Specific Plan area and the remaining 40% (1,467 units) are located in the Eastern Dublin
Specific Plan area. Table 1 summarizes vested and non-vested residential units by planning
area.
Table 1. Vested and Non-Vested Residential Units
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Eastern Dublin Specific Plan 3,006 1,467 4,473
Dublin Crossing Specific Plan 1,995 0 1,995
Downtown Dublin Specific Plan 0 2,191 2,191
Heritage Park 54 0 54
Schaefer Ranch 68 6 74
TOTAL UNITS 5,123 3,664 8,787
Percentage 58% 42% 100%
While the 2,191 residential units within the Downtown Dublin Specific Plan area are considered
non-vested, two projects (Baywest and Eden Housing) totaling 386 units have been approved
and are under construction. If they are included, the number of protected or "vested" units
increases to 5,509 units representing almost 63% of the total planned units (Attachment 1).
Dublin General Plan Housing Element
While non-vested units do not have the same development protections as vested units, the
Dublin General Plan Housing Element relies on some of these non-vested units to meet the
City's Regional Housing Needs Allocation ("RHNA").
Under state law, each city is assigned a regional housing needs allocation ("RHNA"). The
Department of Housing and Community Development ("HCD") determines the share of the
state's housing need for each region. The RHNA includes allocations within various income
categories, including market rate units. In turn, the council of governments in the region—the
Association of Bay Area Governments in the Bay Area—allocates to each locality within its
region a share of housing needs for each income category.
After the RHNAs are determined, cities must update their General Plans to demonstrate that
there is an adequate amount of land, at appropriate densities, to achieve its RHNA for the
current planning period. There is no requirement that the units actually be built; the requirement
is merely to ensure that regulations allow them.
Dublin's RHNA allocation for the 2015-2023 planning period is set at 2,285 units. The Dublin
General Plan Housing Element was updated in November 2014 and demonstrates how the
RHNA can be achieved through a combination of approved projects and planned residential
units. Table 2 illustrates the City's RHNA by income category and how it will be achieved.
Page 2 of 4
Table 2. Summary of Sites Inventory and RHNA
Extremely Above
Low/ Low Moderate Moderate Total
Very Low
RHNA 796 446 425 618 2,285
Units Approved 0 76 0 1,139 1,215
Sites Capacity
Vacant Residential Sites 0 448 517 965
Downtown Dublin SP
Retail District 400 0 0 400
Transit Oriented District 891 0 0 891
Village Parkway District 0 0 200 200
Surplus/(Shortfall) +125 +23 +1,238 +1,386
The City has an obligation to ensure that its inventory of available residential sites remains
adequate during the entire eight-year planning period to meet the City's RHNA. If a particular
City action would result in inadequate planned sites to meet the required need, the City would
be required to add sites to the Housing Element inventory so there is no net loss of residential
capacity.
As Table 2 above notes, the City's planned residential units exceed its RHNA by 1,386 units. As
a result, the City could reduce its residential density by up to 1,386 units without triggering the
need to add new sites. However, this apparent flexibility is less than it seems. The City's surplus
of above moderate units (1,238 units) is much more substantial than the City's surplus in the
very low-, low-, and moderate-income categories. In particular, the City relies on the potential for
higher density development in the Downtown Dublin Specific Plan area to meet its RHNA for
very low- and low-income units; similarly, the City relies on the medium and medium-high
density sites in the Eastern Dublin Specific Plan area for moderate-income units (refer to Table
3 below). The 425 moderate-income units are identified on the following sites: Croak (104 units),
McCabe/Gygi (10), Anderson (108), Chen (80), Tipper (82), and Beltran/Sperfslage (64). (The
Housing Element actually identifies 448 moderate-income units on those sites.)
Table
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Eastern Dublin Specific Plan - - 425 425
Dublin Crossing Specific Plan
Downtown Dublin Specific Plan 796 446 - 1,242
Historic Area Specific Plan
Schaefer Ranch
Total Units 796 446 425 1,667
Page 3 of 4
Table 4 identifies the number of unrestricted residential units by planning area after factoring in
vested development rights and the City's RHNA obligations.
Table 4, Units Not Restricted by Vesting or RHNA
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Eastern Dublin Specific Plan 1,467 425 1,042
Dublin Crossing Specific Plan
Downtown Dublin Specific Plan 2,191 1,242 949
Historic Area Specific Plan
Schaefer Ranch 6 - 6
Total Units 3,664 _ 1,667 1,997
As noted earlier in this report, two projects in the Downtown Dublin Specific Plan area (Baywest
and Eden Housing) totaling 386 units are not vested but are under construction. Their inclusion
in the "vested” category would further reduce the number of non-vested units to 3,278 units. As
such, there are a total of 1,611 non-vested units City-wide after factoring in vested development
rights, the City's RHNA obligation, and commitments to the two projects in the Downtown.
CONCLUSION:
As of December 31, 2014, the Dublin General Plan identifies 8,787 planned residential units
remaining to be constructed. Of those units, 7,176 units (82%) have secured development rights
(5,509 units) or are restricted by RHNA (1,667 units) and 1,611 units (18%) are considered non-
vested and not restricted by RHNA.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A public notice is not required for an informational report to the City Council.
ATTACHMENTS:
1) Vested Residential Development Projects
Page 4 of 4
Vested Residential Development Projects
Planning Ar+ealProject Vested
Chits
Eastern Dublin Specific Plan
Dublin Ranch Lot 3 122
Dublin Ranch North 4
Dublin Ranch Subarea 3 437
Dublin Ranch. The Plaza 235
Dublin Transit Center 437
Jordan Ranch 510
Moller Ranch 371
Tassajara Highlands 48
Terrace Ridge (Nielsen) 36
Wallis Ranch 806
Dublin Crossing Specific Plan 1 ,995
Historic Specific Plan Area
Heritage Park 54
Western Extended Planning Area
Schaefer Ranch 68
Subtotal 5,123
Downtown Dublin Specific Plan
Bay West (Kingsmill) 314
Eden/Veterans 72
GRAND TOTAL 5,509
ATTACHMENT
or
19 -` 82 STAFF REPORT CITY CLERK
CITY COUNCIL File #410-10
DATE: May 5, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager
SUBJECT: Eastern Dublin Specific Plan, Review of Remaining Development Sites
Prepared by Mamie R. Delgado, Senior Planner
EXECUTIVE SUMMARY:
The City Council will receive a report on the Eastern Dublin Specific Plan and the remaining
development sites within the Specific Plan area.
FINANCIAL IMPACT:
None at this time.
RECOMMENDATION:
Staff recommends that the City Council receive the Staff presentation and provide feedback as
appropriate.
DESCRIPTION:
On March 17, 2015, at the request of the City Council, Staff presented an informational report
on the status of planned residential development as set forth in the Dublin General Plan
(Attachment 1). The report summarized the number of residential units remaining to be
constructed City-wide (8,787 units) and identified the units that are vested (5,123 units) under
existing development agreements and/or vesting tentative maps or are otherwise protected in
the Dublin General Plan Housing Element in order for the City to achieve its regional housing
needs allocation.
At the conclusion of the discussion, the City Council requested a Study Session that focuses on
the following topics within the Eastern Dublin Specific Plan area:
a) Remaining non-vested residential development sites;
b) Remaining non-residential development sites;
c) Existing open space lands; and,
d) Options to address future residential development.
Staff has prepared the following information for further discussion at the Study Session and will
be seeking feedback and direction at the Study Session.
Page 1 of 5 ITEM NO. 3.
Remaining Non-Vested Residential Development Sites
Within the Eastern Dublin Specific Plan area there are 1,851 non-vested residential units
remaining to be developed (Attachments 2 and 3). A non-vested residential unit is a unit that is
not protected by a development agreement or vesting tentative map. The non-vested residential
units are summarized by land use designation in Table 1 below.
Table 1. Non-Vested Residential Units
EASTERN DUBLIN SPECIFIC PLATY NUMBER OF
LAND 115E DESIGNATION (WITS
Single Family Residential 469 units
Medium Density Residential 552 units
Medium-High Density Residential 408 units
High Density Residential 112 units
Mixed Use 115 units
Campus Office 195 units
TOTAL 1,851 units
Of the 1,851 non-vested residential units in Eastern Dublin, 448 units are identified in the 2015-
2023 Dublin General Plan Housing Element as meeting the moderate-income requirement of
the regional housing needs allocation, or RHNA (Attachments 2 and 3). These 448 units are
located on six vacant sites that the Eastern Dublin Specific Plan designates for Medium Density
Residential and Medium-High Density Residential. However, only 425 units are required to meet
the moderate-income RHNA resulting in a 23-unit surplus. There are no sites identified in the
Eastern Dublin Specific Plan area that were identified to satisfy the extremely low/very low or
low income requirements of the regional housing needs allocation. All of those sites are in
Downtown.
Table 2 below summarizes the regional housing needs allocation requirement by income
category for the current Housing Element cycle as well as the two previous cycles.
Table 2. Regional Housing Needs Allocation
RHNA EXTREMELY/ LOW MODERATE ABOVE TOTAL
VERY LOW MODERATE
5th cycle 796 446 425 618 2,285
(2014-2022)
4 th cycle 1,092 661 653 924 3,330
(2007-2014)
3rd cycle 796 531 1,141 2,668 5,436
(1999-2006)
The City took advantage of existing land use designations on the six vacant sites in order to
achieve the RHNA without having to rezone other properties to accommodate these units. The
six vacant residential sites are part of the overall Eastern Dublin Specific Plan development
concept that generally places higher density housing closer to transit and major roadways such
as Dublin Boulevard, Central Parkway and Tassajara Road. The RHNA obligation on these six
vacant sites assumes a mid-point density and therefore does not obligate more units on these
sites than originally planned in the Eastern Dublin Specific Plan.
If the City Council desires to reduce the density on any of the six vacant sites by more than 23
units, an alternative site with the same land use designation and density would need to be
Page 2 of 5
identified. Because so few vacant sites remain with the Medium or Medium-High land use
designation, finding an alternative site may require a General Plan and/or Specific Plan
Amendment to re-designate land. The re-designated site(s) would need to have a minimum
density of 10 dwelling units to the acre for Medium Density or 20 dwelling units to the acre for
Medium-High Density. Additionally, the product type for both land uses would need to be multi-
family attached housing in order to qualify as a RHNA site. Potential locations would require
further analysis but could include the Dublin Transit Center, Downtown Dublin Specific Plan
area or the conversion of existing commercial sites outside of these two areas.
Question 1: Is the City Council satisfied with the existing densities in the Eastern Dublin
Specific Plan area? Is the City Council satisfied with the existing RHNA locations?
Remaining Non-Residential Development Sites
Within the Eastern Dublin Specific Plan area there are 447± acres of land remaining to be
developed with approximately 6.8 million square feet of non-residential uses (Attachments 4 and
5). The planned, non-residential square footage is across a diverse range of land uses and is
summarized in Table 3 below.
Table 3. Non-Residential Development Potential
EASTERN DUBLIN SPECIFIC PLAN DEVELOPMENT
LAND USE DESIGNATION ASSUMPTION
(MSF)
Campus Office 2.584
General Commercial 2.246
Neighborhood Commercial 0.286
General Commercial/Campus Office 0.878
Mixed Use 2/Campus Office 0.140
Industrial Park 0.747
TOTAL 6.881
*MSF: Million Square Feet
Of the approximately 6.8 million square feet of vacant, non-residential land remaining up to 3.5
million square feet is vested with Development Agreements (Attachments 4 and 5).
Question 2: Is the City Council satisfied with the amount of remaining non-residential
development potential?
Existing Open Space Lands
Within the Eastern Dublin Specific Plan area there are 1,424 acres of land designated for the
protection and preservation of important and/or sensitive environmental resources as well as
active and passive recreational opportunities (see Attachment 6). Table 4 summarizes the
acreage of these areas.
Page 3 of 5
Table 4. Open Space Acres
EASTERN DUBLIN SPECIFIC PLAN ACRES
LAND USE DESIGNATION
Open Space 648
Stream Corridor 58
Rural Residential/Agriculture 511
Parks 207
TOTAL 1,424
Question 3: Is the City Council satisfied with the amount of land designated for these uses?
Options to Address Future Residential Development
As noted above, there are 1,851 non-vested residential units remaining to be developed within
the Eastern Dublin Specific Plan area, and of those, 448 units are identified in the Dublin
General Plan Housing Element as sites that meet the moderate-income requirement of the
regional housing needs allocation. The following options are intended to facilitate a discussion
on addressing future residential development within the Eastern Dublin Specific Plan area.
Option 1. Continue with the current market-based approach to residential development. As it
stands, it will be some time before the bulk of the non-vested units are developed.
The remaining non-vested residential development sites, with the exception of the
two sites in Jordan Ranch, still require significant approvals. The pace of
development of those units will be constrained by the amount of time that it takes
to bring a project to market. This includes the time required to process and obtain:
1) the necessary entitlements and CEQA clearance from the City; 2) permits from
Federal and State environmental resources agencies; 3) grading and utility plans
and obtain Grading Permits; and, 4) architectural plans and obtain Building
Permits. There is also the time necessary to actually construct the physical
improvements. The timeframe to complete these tasks varies by project but
generally takes a minimum of 4 years.
Option 2. Lower residential densities. The Dublin General Plan and Eastern Dublin Specific
Plan establishes the land use pattern for the Specific Plan area and identifies sites
where future residential development may occur. The City Council could consider
lowering existing residential densities on the non-vested sites within the Specific
Plan area. This could be accomplished by restricting projects to the lower end of
the density range permitted within each existing land use designation, or by
changing the existing land use designation to one with a lower density range
altogether. A number of reductions have been recently approved by the City
Council resulting in a 1,464 unit reduction in the Eastern Dublin Specific Plan area
(Attachment 7). However, if the City Council were to consider further reductions
and the sites involved have been identified for satisfying RHNA obligations (see
discussion above), alternate RHNA sites would need to be identified.
Option 3. Limit number of residential permits issued annually. The pace of residential
building permits is driven by market conditions and when the market is strong, the
number of building permits issued for residential unit's increases. The City Council
could regulate the pace of future growth by limiting the number of residential
permits issued annually. This could include both vested and non-vested sites,
however, vested sites would have priority to develop pursuant to their respective
Page 4 of 5
development agreements. The units constructed could be amortized over time
resulting in periods of little to no new construction.
If the City Council were to proceed with Option 2 or 3, a moratorium could be used to
temporarily prohibit the establishment of particular land uses while the City studies either
lowering residential densities or limiting the number of residential permits issued annually. A
moratorium would require a four-fifths vote of the City Council and would be in effect for forty-
five days from the date of adoption. Upon subsequent notice and public hearing, a moratorium
may be extended for up to two years.
Question 4: Is the City Council satisfied with the market based approach?
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Public noticing is not required for an informational report to the City Council; however, a notice
of this meeting was published in the Valley Times and mailed to owners of vacant property that
is within the Eastern Dublin Specific Plan area and specifically identified as part of this
informational report. A copy of the Staff Report was also provided on the City's website.
ATTACHMENTS: 1. City Council Staff Report dated March 17, 2015, with attachment
2. Table of Remaining Non-Vested Residential Development Sites
3. Map of Remaining Non-Vested Residential Development Sites
4. Table of Remaining Non-Residential Development Sites
5. Map of Remaining Non-Residential Development Sites
6. Map of Open Space lands
7. Table of Residential Projects with Reduced Densities
Page 5 of 5
or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #410-10
DATE: March 17, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Informational Report on Residential Development Projects
Prepared by John Bakker, City Attorney and Luke Sims, Community
Development Director
EXECUTIVE SUMMARY:
The City Council has requested an informational report on the status of planned residential
development under the Dublin General Plan. The report summarizes the number of residential
units remaining to be constructed City-wide and identifies the units that are vested under
existing development agreements and/or vesting tentative maps or are otherwise protected in
the Dublin General Plan Housing Element in order for the City to achieve the regional housing
needs allocation.
FINANCIAL IMPACT:
No financial impact.
RECOMMENDATION:
Staff recommends that the City Council receive the report.
_ .... °...._ J'
Submitted By Submitted By 'A Reviewed By
Community Development City Attorney Assistant City Manager
Director
DESCRIPTION:
On February 17, 2015, the City Council requested that Staff prepare an informational report on
planned residential development with and without vested development rights (i.e. Development
Agreements and/or Vesting Tentative Maps).
Vested Development Rights
Under California law, cities can generally restrict development projects from going forward up
until the point where the developer has completed substantial construction based on a building
permit. The Legislature has developed two mechanisms to provide security to developers:
Page 1 of 4 ITEM NO. 8.3
development agreements and vesting tentative maps. Residential development projects that
have adopted Development Agreements or approved Vesting Tentative Maps have vested
development rights. These rights provide security to developers that the City will not change its
zoning and other laws applicable to the project. As of December 31, 2014, there were 5,123
vested residential units City-wide; this represents over half (58%) of the remaining units planned
under the Dublin General Plan. The remaining 42% (3,664 units) are considered non-vested.
Of the non-vested residential units, nearly 60% (2,191 units) are located within the Downtown
Dublin Specific Plan area and the remaining 40% (1,467 units) are located in the Eastern Dublin
Specific Plan area. Table 1 summarizes vested and non-vested residential units by planning
area.
Table 1. Vested and Non-Vested Residential Units
1 Ir r r l i
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Eastern Dublin Specific Plan 3,006 1,467 4,473
Dublin Crossing Specific Plan 1,995 0 1,995
Downtown Dublin Specific Plan 0 2,191 2,191
Heritage Park 54 0 54
Schaefer Ranch 68 6 74
TOTAL UNITS 5,123 3,664 8,787
Percentage 58% 42% 100%
While the 2,191 residential units within the Downtown Dublin Specific Plan area are considered
non-vested, two projects (Baywest and Eden Housing) totaling 386 units have been approved
and are under construction. If they are included, the number of protected or "vested" units
increases to 5,509 units representing almost 63% of the total planned units (Attachment 1).
Dublin General Plan Housing Element
While non-vested units do not have the same development protections as vested units, the
Dublin General Plan Housing Element relies on some of these non-vested units to meet the
City's Regional Housing Needs Allocation ("RHNA").
Under state law, each city is assigned a regional housing needs allocation ("RHNA"). The
Department of Housing and Community Development ("HCD") determines the share of the
state's housing need for each region. The RHNA includes allocations within various income
categories, including market rate units. In turn, the council of governments in the region—the
Association of Bay Area Governments in the Bay Area—allocates to each locality within its
region a share of housing needs for each income category.
After the RHNAs are determined, cities must update their General Plans to demonstrate that
there is an adequate amount of land, at appropriate densities, to achieve its RHNA for the
current planning period. There is no requirement that the units actually be built; the requirement
is merely to ensure that regulations allow them.
Dublin's RHNA allocation for the 2015-2023 planning period is set at 2,285 units. The Dublin
General Plan Housing Element was updated in November 2014 and demonstrates how the
RHNA can be achieved through a combination of approved projects and planned residential
units. Table 2 illustrates the City's RHNA by income category and how it will be achieved.
Page 2 of 4
Table 2. Summary of Sites Inventory and RHNA
Extremely Above
Low/ Low Moderate Moderate Total
Very Low
RHNA 796 446 425 618 2,285
Units Approved 0 76 0 1,139 1,215
Sites Capacity
Vacant Residential Sites 0 448 517 965
Downtown Dublin SP
Retail District 400 0 0 400
Transit Oriented District 891 0 0 891
Village Parkway District 0 0 200 200
Surplus/(Shortfall) +125 +23 +1,238 +1,386
The City has an obligation to ensure that its inventory of available residential sites remains
adequate during the entire eight-year planning period to meet the City's RHNA. If a particular
City action would result in inadequate planned sites to meet the required need, the City would
be required to add sites to the Housing Element inventory so there is no net loss of residential
capacity.
As Table 2 above notes, the City's planned residential units exceed its RHNA by 1,386 units. As
a result, the City could reduce its residential density by up to 1,386 units without triggering the
need to add new sites. However, this apparent flexibility is less than it seems. The City's surplus
of above moderate units (1,238 units) is much more substantial than the City's surplus in the
very low-, low-, and moderate-income categories. In particular, the City relies on the potential for
higher density development in the Downtown Dublin Specific Plan area to meet its RHNA for
very low- and low-income units; similarly, the City relies on the medium and medium-high
density sites in the Eastern Dublin Specific Plan area for moderate-income units (refer to Table
3 below). The 425 moderate-income units are identified on the following sites: Croak (104 units),
McCabe/Gygi (10), Anderson (108), Chen (80), Tipper (82), and Beltran/Sperfslage (64). (The
Housing Element actually identifies 448 moderate-income units on those sites.)
Table
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII��.�.��f�(t r�r rl f r rrr�r�i rrfr�rrr�rl irr r r�„,r(«r r
3. RHNA bfy ff 1r rr r rrrrPrrlanning Area
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Eastern Dublin Specific Plan - - 425 425
Dublin Crossing Specific Plan
Downtown Dublin Specific Plan 796 446 - 1,242
Historic Area Specific Plan
Schaefer Ranch
Total Units 796 446 425 1,667
Page 3 of 4
Table 4 identifies the number of unrestricted residential units by planning area after factoring in
vested development rights and the City's RHNA obligations.
Table 4, Units Not Restricted by Vesting or RHNA
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Eastern Dublin Specific Plan 1,467 425 1,042
Dublin Crossing Specific Plan
Downtown Dublin Specific Plan 2,191 1,242 949
Historic Area Specific Plan
Schaefer Ranch 6 - 6
Total Units 3,664 _ 1,667 1,997
As noted earlier in this report, two projects in the Downtown Dublin Specific Plan area (Baywest
and Eden Housing) totaling 386 units are not vested but are under construction. Their inclusion
in the "vested” category would further reduce the number of non-vested units to 3,278 units. As
such, there are a total of 1,611 non-vested units City-wide after factoring in vested development
rights, the City's RHNA obligation, and commitments to the two projects in the Downtown.
CONCLUSION:
As of December 31, 2014, the Dublin General Plan identifies 8,787 planned residential units
remaining to be constructed. Of those units, 7,176 units (82%) have secured development rights
(5,509 units) or are restricted by RHNA (1,667 units) and 1,611 units (18%) are considered non-
vested and not restricted by RHNA.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A public notice is not required for an informational report to the City Council.
ATTACHMENTS:
1) Vested Residential Development Projects
Page 4 of 4
Vested Residential Development Projects
Planning Ar+ealProject Vested
Chits
Eastern Dublin Specific Plan
Dublin Ranch Lot 3 122
Dublin Ranch North 4
Dublin Ranch Subarea 3 437
Dublin Ranch. The Plaza 235
Dublin Transit Center 437
Jordan Ranch 510
Moller Ranch 371
Tassajara Highlands 48
Terrace Ridge (Nielsen) 36
Wallis Ranch 806
Dublin Crossing Specific Plan 1 ,995
Historic Specific Plan Area
Heritage Park 54
Western Extended Planning Area
Schaefer Ranch 68
Subtotal 5,123
Downtown Dublin Specific Plan
Bay West (Kingsmill) 314
Eden/Veterans 72
GRAND TOTAL 5,509
ATTACHMENT
Eastern Dublin Specific Plan
Non-Vested Residential Development Sites
1 Gygi/McCabe/Roshan 10 Medium Density 10
(6.1-14.o du/acre)
2 Kobold/Liu 20 Medium Density -
(6.1-14.o du/acre)
3 Sperfslage/Beltran 64 Medium-High Density 64
(14.1-25.0 du/acre)
4 Tipper/Singh 82 Medium Density 82
(6.1-14.o du/acre)
5 Righetti 96 Medium Density -
(6.1-14.o du/acre)
6 Branaugh 97 Medium Density -
(6.1-14.o du/acre)
7 Anderson 108 Medium-High Density 108
(14.1-25.o du/acre)
8 Chen 8o Medium-High Density 80
(14.1-25.o du/acre)
9 Jordan 115 Mixed Use -
(6.1-25.o du/acre)
100 Medium Density -
(6.1-14.o du/acre)
10 DiManto 43 Medium Density -
(6.1-14.o du/acre)
106 Medium-High Density -
(14.1-25.0 du/acre)
112 High Density -
(25.1+du/acre)
11 Croak 469 Low Density -
(0.5-3.8 du/acre)
104 Medium Density 104
(6.1-14.o du/acre)
12 DTC Site D-1 195 Campus Office -
TOTAL UNITS 1,803. 448*
*425 units are required to satisfy the Moderate Income Regional Housing Needs Allocation(RHNA)resulting in a surplus of 23 units.
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Recent Approvals
with Reduced Densities
Original Approved
Project Units Units Difference
Jordan Ranch 1,064 964 -100
Wallis Ranch 1,423 806 -617
SubArea 3 474 437 -37
Lot 304 122 -182
Dublin Ranch North 68 4 -64
Moeller Ranch 490 370 -120
Tassajara Highlands 118 48 -70
Transit Center A-1 131 52 -79
Transit Center Esprit 300 105 -195
Total: 4,372 2,908 -1,464
Non-Vested Residential Development Sites
No.of Difference
Difference Non-Vested Between
Between Units per Assumed
Assumed RHNA and Density,
No.of No.of Density& Moderate Low End of RHNA&
eneral Plan Assumed Non-Vested Low Enid of Non-Vested Low End of Income Density Low End of
Density Units Density Range Units Density RHNA Range Density
1 Gygi/McCabe/Roshar Medium Density 1.0 10.0 du/acre 10 6.1 du/acre 6 4 10 10 0
(6.1-14.0 du/acre)
2 Kobold/Liu* Medium Density 2.0 10.0 du/acre 20 6.1 du/acre 12 8 - 12 8
(6.1-14.0 du/acre)
3 Sperfslage/Beltran Medium-High Density 3.2 20.0 du/acre 64 14.1 du/acre 45 19 64 64 0
(14.1-25.0 du/acre)
4 Tipper/Singh Medium Density 8.2 10.0 du/acre 82 6.1 du/acre 50 32 82 82 0
(6.1-14.0 du/acre)
5 Righetti Medium Density 9.6 10.0 du/acre 96 6.1 du/acre 59 37 - 59 37
(6.1-14.0 du/acre)
6 Branaugh Medium Density 9.7 10.0 du/acre 97 6.1 du/acre 59 38 - 59 38
(6.1-14.0 du/acre)
7 Anderson' Medium-High Density 7.0 15.4 du/acre 108 14.1 du/acre 99 9 108 108 0
(14.1-25.0 du/acre)
8 Chen Medium-High Density 4.0 20.0 du/acre 130 14.1 du/acre 56 74 80 80 50
(14.1-25.0 du/acre)
9 Jordan** Mixed Use 6.4 15.0 du/acre 115 6.1 du/acre 39 76 - 39 76
(6.1-25.0 du/acre)
Medium Density 10.0 10.0 du/acre 100 6.1 du/acre 61 39 61 39
(6.1-14.0 du/acre)
10 DiManto*** Medium Density 4.3 10.0 du/acre 43 6.1 du/acre 26 17 26 17
(6.1-14.0 du/acre)
Medium-High Density 5.3 20.0 du/acre 106 14.1 du/acre 75 31 75 31
(14.1-25.0 du/acre)
High Density 3.2 35.0 du/acre 112 25.1 du/acre 80 32 80 32
(25.1+du/acre)
11 Croak Single Family 115.4 4.0 du/acre 469 0.9 du/acre 104 365 - 104 365
(0.9-6.0 du/acre)
Medium Density 10.4 10.0 du/acre 104 6.1 du/acre 63 41 104 104 0
(6.1-14.0 du/acre)
L
TOTALS 199.7 1656 834 822 448 963 693
* Planning application for a Stage 1 and 2 Planned Development Rezone,Site Development Review and Vesting Tentative Map currently being processed for a
medium-density,single family residential project of 19 units.
** Planning application for a General Plan Amendment,Eastern Dublin Specific Plan Amendment,Planned Development Rezone,Site Development Review and
Vesting Tentative Map scheduled for public hearings in the Fall 2015.The project includes changing the Mixed Use designation to Medium Density with up to 48
units.
*** General Plan and Eastern Dublin Specific Plan Amendment Initiation request adopted by City Council Resolution 73-15 on May 19,2015 to study changing the land
use designations on 53.96 acres consisting of Parcels 2,3 and 4 for a maximum of 399 residential units and a minimum of 90,000 square feet of retail commercial.
Planned Development Zoning Ordinance 13-08 establishes 108 units on Anderson.
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