HomeMy WebLinkAbout8.2 - 2851 Overview of the City’s Inclusionary Zoning
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STAFF REPORT
CITY COUNCIL
DATE: October 1, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Overview of the City’s Inclusionary Zoning Regulations
Prepared by: Jim Bergdoll, Senior Planner
EXECUTIVE SUMMARY:
The City Council will receive an informational report on the City of Dublin’s Inclusionary
Zoning Regulations in comparison with the similar regulations in other Tri -Valley
jurisdictions.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
There is no fiscal impact associated with receiving this report.
DESCRIPTION:
On June 18, 2019, the City Council requested that Staff prepare an informational report
that compares key provisions of the City’s Inclusionary Zoning Regulations (DMC
Chapter 8.68) with those of the Tri-Valley cities of Livermore, Pleasanton, San Ramon
and the Town of Danville. The City’s Inclusionary Zoning Regulations serve to assure
that new housing development contributes to the attainment of the City’s housing goals
by increasing the production of residential units affordable to households of very -low,
low and moderate incomes. These Regulations prescribe the methods to satisfy this
requirement.
The following is a brief overview of the City’s Inclusionary Zoning Regulations:
· All new residential development projects of 20 units or more shall construct
12.5% of the total number of dwelling units within the development as affordable
deed restricted units.
· The term of affordability restrictions is 55 years from the date of initial occupancy.
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· Affordable units shall be allocated to households with very -low, low and
moderate income levels as follows:
Rental Units Owner-Occupied Units
Very-low income households 30% 0%
Low income households 20% 40%
Moderate income households 50% 60%
· The City Council may grant incentives to encourage the production of additional
affordable units in excess of the required 12.5%. Such incentives include, but are
not limited to, the following:
o Processing fee deferral
o Impact fee deferral
o Design modifications to affordable units that increase the feasibility of
construction, such as relaxing development standards, open space
requirements, and amenities, and reduced parking requirements.
· The following exceptions to the Inclusionary Zoning Regulations may be granted
with approval by the City Council:
o Payment of In Lieu Fees: An applicant may pay fees in-lieu of constructing
up to 40% of the required inclusionary units. The in-lieu fee is $197,253
per affordable unit and is adjusted annually based on the larger of the
increases in either the HUD Fair Market Rent Limits for the Oakland-
Fremont Metropolitan Area, or the change in the Bay Area Urban
Consumer Price Index.
o Off-Site Projects: An applicant may construct some or all of the required
affordable units at an off-site location.
o Land Dedication: An applicant may dedicate land to the City or City-
designated local non-profit housing developer in lieu of construction some
or all of the required affordable units
o Credit Transfers: An applicant may fully or partially satisfy their affordable
requirement with the transfer of Affordable Unit Credits created by the City
Council.
o Waiver of Requirements. The City Council may waive, in whole or in part,
the affordable requirements, and approve alternative methods of
compliance which the City Council finds meets the purpose of the
Inclusionary Zoning Regulations.
Attachment 1 provides a comparison of the City’s Inclusionary Zoning Regulations with
those of the other Tri-Valley jurisdictions.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
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ATTACHMENTS:
1. Inclusionary Zoning Regulations Summary Table by Tri-Valley Jurisdiction
Inclusionary Regulations Summary Table by Tri-Valley Jurisdiction (updated 9/13/2019)
Dublin Danville Livermore Pleasanton San Ramon
Projects subject
to regulations
20+ units
8+ units
2+ units
15+ units
2+ units
# of affordable
units as a % of
total project
12.5%
8-19 units or < 7
units/acre: 10%
20+ units or >7
units/acre: 15%
15% except:
10% in Downtown.
Rental exempt outside of
Neighborhood Plan areas
or Downtown
Single-family: 20%
Multi-family: 15%
Single-family: 10%
Multi-family: 15% (including
attached ownership)
Payment in-lieu
of constructing
units (Fee
charged)
May pay in-lieu fee for
max. 40% of
requirement.
($197,253/affordable
unit)
<13 units/acre may pay
in-lieu fee with Council
approval.
(No set fee)
10 units or less may pay in-
lieu fee by right.
11+ units may pay in-lieu
fee with Council approval.
($25.37/total sq. ft. within
overall project)
May pay in-lieu fee:
Single-family detached
($44,248/each unit within
overall project).
Multi-family
($43,293/each unit within
overall project)
9 units or less may pay in-lieu-fee
($12.50/total sq. ft.)
10+ single-family units may pay
in-lieu fee.
($15.00/total sq. ft. within overall
project)
# years
restricted
55 (Rental/Owner)
20 (Rental/Owner) 55 (Rental/Owner)
(Ownership: Term resets at
resale)
In perpetuity from the
date of occupancy
Rental: 55
Owner: 30
(Ownership: Term resets at resale)
Income Levels Rental: 30% very-low;
20% low; 50% moderate
Ownership: 40% low;
60% moderate
Rental: Determined case
by case.
Ownership: Determined
case by case
Rental: 50% very-low;
50% low
Ownership: 50% low; 50%
moderate
Rental/Ownership
multifamily: very-low/low
(determined case by case)
Ownership single-family:
very-low/low/moderate
(determined case by case)
Rental: 50% very-low; 50% low
Ownership multifamily: 20% low;
30% very-low; 50% moderate
Ownership single-family detached:
Moderate
Incentives For increased
affordability:
-Design modifications
-Processing fee deferral
-Impact fee deferral
For affordability:
-Design modifications
-Fee waivers
-Priority processing
-Fee waivers (affordable
units) or deferral
For on-site construction:
-Design modifications
-2nd mortgage/subsidy
-Priority processing
-Fee waiver/deferral
For all projects:
-Design modifications
-Priority processing
Exceptions
Land dedication
Off-site construction
In-lieu fees
Credit transfers
Waiver of requirements
In-lieu fees
ADUs
Land dedication
Off-site construction
In-lieu fees
ADUs (20% credit only)
Land dedication
Off-site construction
In-lieu fees
Credit transfers
Land dedication
Off-site development
Rental units in ownership project
Waiver of requirements
In-lieu fees