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Home My WebLink About7.2 Arroyo Vista Legis Action Attch 3-59y1 ~' q55 RESOLUTION NO. XX - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN GENERAL PLAN AMENDMENT TO CHANGE THE DESIGNATION OF THE ARROYO VISTA PROJECT SITE FROM MEDIUM-DENSITY RESIDENTIAL TO MEDIUM/HIGH- DENSITY RESIDENTIAL AND PUBLIC/SEMI-PUBLIC AND ALLOW FOR ATTACHED AND DETACHED HOUSING UNITS IN THE MEDIUM/HIGH-DENSITY RESIDENTIAL LAND USE DESIGNATION (APN 941-0007-001-07) PA 07-028 WHEREAS, Eden Housing Inc. and Citation Homes Central, submitted applications (PA 07-028) to the City regarding a 24.13 acre parcel ("Arroyo Vista") located at 6700 Dougherty Road (APN 941- 0007-001-07) for a General Plan Amendment, PD Rezone with Stage 1/Stage 2 Development Plan, Site Development Review and Vesting Tentative Tract Map 7943; and WHEREAS, the Applicants have requested approval of a General Plan Amendment to change the existing General Plan Land Use Designation from Medium-Density Residential (6.1-14.0 du/a) to Medium/High-Density Residential (14.1-25.0 du/a) (23.79 acres) and Public/Semi-Public (0.34 acres); and WHEREAS, the Applicants have requested approval of a General Plan Amendment to allow for a mixture of attached and detached housing in the Medium/High-Density Residential Land Use Designation in the Primary Planning Area; and WHEREAS, the Dublin General Plan was originally adopted on February 11, 1985, and has been amended a number of times since that date; and WHEREAS, the General Plan currently identifies land use designations, densities and policies related to density calculations, and includes a General Plan Land Use Map (Figure 1-la) that shows the location of land uses within the City of Dublin; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the California Environmental Quality Act, the Planning Commission adopted Resolution 09-12 on Apri128, 2009 and incorporated herein by reference, recommending that the City Council certify the Arroyo Vista Environmental Impact Report (SCH 2007122066); and WHEREAS, the Planning Commission held a properly noticed public hearing on the General Plan Amendment and related Project applications on April 28, 2009 at which time interested parties had the opportunity to be heard; and WHEREAS, on Apri128, 2009, the Planning Commission adopted Resolution 09-13 incorporated herein by reference, recommending that the City Council approve the General Plan Amendment; and Attachment 3 q~la ~ q 55 WHEREAS, a Staff Report dated August 18, 2009 was submitted to the City Council analyzing the Project and recommending that the City Council approve the GPA and PD Rezone with Stagel/Stage 2 Development Plan; and WHEREAS, on August 18, 2009, the City Council held a properly noticed public hearing on the General Plan Amendment and related PD Rezone, at which time all interested parties had the opportunity to be heard; and WHEREAS, on August 18, 2009, the City Council opened the Public Hearing, Closed the Public Hearing and continued the matter to September 1, 2009 and on September 1, 2009, the City Council continued the item to September 15, 2009; and WHEREAS, following the public hearing, the City Council adopted Resolution ,dated ,2009 and incorporated herein by reference, certifying the EIR for the Project and making all required findings under CEQA; and WHEREAS, the City Council did hear and consider all said reports, including the certified EIR, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Dublin City Council does hereby find that the proposed amendments to the Dublin General Plan are in the public interest and will not have an adverse effect on health or safety or be detrimental to the public welfare or be injurious to property or public improvement and that the Dublin General Plan as so amended will remain internally consistent. BE IT FURTHER RESOLVED that the Dublin City Council does hereby find that the proposed map and text amendments to the General Plan are consistent with all other goals, policies, and implementing programs set forth in the General Plan. BE IT FURTHER RESOLVED that the Dublin City Council does hereby approve the following amendments to the Dublin General Plan: Section I. General Plan Amendments. Subsection i. Section 1.8.1 (Land Use Classifications), under the subsection "Primary Planning Area (West of Camp Parks -See Figure 1-la)" is hereby amended as follows: i. Modify the text of "Residential: Medium-High Density (14.1 to 25.0 units per gross residential acre)." The following sentence will be inserted after "units in this density range will all be attached": "The City Council may, at their discretion, allow for attached and detached units when the mix of units is provided to allow for a unique development which benefits the community." 2 q~{3 ~- q55 Subsection ii. Figure 1-la, General Plan Land Use Map is hereby replaced with a revised General Plan Land Use Map as follows: _ D U B L I N G E N E P. r1 L P L A N (~,(f,~~~ L A N D U S E M A P ~,. \l e'p ,..e ~„aeaaa na~~N.... ~~~~ s '> ~ y y"' ~ ~~ 4 ti '1 _ _ ,~ .~ '~-a~._ _ ~..~~ Public/Semi-Public/Open Spac e Commercial/InEus[rial ~ ` ugaa~ai ran . ae Ke n.~ar,r,r ~ w.w ~,nw. a, > ~ sveem ewrw ~ei+ m+.iayrxrpus (Mre ., n.ttr lauwnrnrK - a. a uusma smir ~Wr. ~&:rnYr ParKamrnuiN and punwr src.~agc I7 MuN t,.c [+,7 - wn4YaJr>cerrvry rtewmna x.r iruirm: '7 ,. ~~ (Figure I-lal as amentled through May 19, 2009 !/._ ~ ~~ A `.1 ;., ...,.. - 1 '~'R ~I~ ki ~ ~ Residential Planning Area Limits ~ a M , ur n~+^r'a4'aw rtwe li urwµe ao.arns xe.nnmM ualu o ra .a arv ar n:mrn m s iec rm l - . u oe,,,,rsr,geramy~os~a ,x ~ .. wn ~ .m,cmyxan g a9ou ~Jary ~~W ~n rvH~mr~+luo a r xl amry rc.roA 104~6o urxi ~1 e _ [~lnrxsW In = . ux ~?, aiumpvrsry aara~rxw le l o a uXr*veduwuccc - r~- •.• - ,oou,xl ~nhiu n-,uq ~m~amus it ~ Tri-Valky JUr sd criom ~ r<+s av . xn. a li_r o,/xl ' ery W mrwe cxy W wviun - ....... ~Ury Srr Rarrm .. Section II. All provisions of the General Plan not amended by this resolution shall remain in full force and effect. BE IT FURTHER RESOLVED that this Resolution shall take effect thirty (30) days after the date of adoption. PASSED, APPROVED AND ADOPTED this 15th day of September 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor 3 qy~{ o~- q55 ORDINANCE NO. XX - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A PD-PLANNED DEVELOPMENT REZONE AND A RELATED STAGEI/STAGE 2 DEVELOPMENT PLAN FOR ARROYO VISTA LOCATED AT 6700 DOUGHERTY ROAD (APN 941-0007-001-07) PA 07-028 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. This Ordinance rezones the subject property located at 6700 Dougherty Road from PD, Planned Development (1418 ZU) to PD, Planned Development (PA 07-028) with a Stage 1/Stage 2 Development Plan. Section 2. FINDINGS AND DETERMINATIONS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The Arroyo Vista Planned Development Zoning, including aStagel/Stage 2 Development Plan, meets the purpose and intent of Chapter 8.32 because: it provides a comprehensive development plan that is tailored to the Residential and Public/Semi-Public land uses proposed on the Project Site and creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design, which is adjacent to residential development and Dougherty Road. 2. The PD rezone with Stagel/Stage 2 Development Plan for Arroyo Vista will be harmonious and compatible with existing and potential development in the surrounding area in that: 1) the land uses and Site Plan establish a Residential and Public/Semi-Public development; 2) the proposed Project is consistent with the type of development, residential, envisioned in the General Plan, as amended, and also provides space for Public/Semi-Public land uses; 3) the Project Site has been designed to reduce impacts on the adjacent residential uses and to be compatible with the residential development in the vicinity; 4) the Development Plan will provide for housing to meet the City's need for affordable units and will provide a daycare facility which will provide aSemi-Public facility to meet the needs of the residents in the vicinity; and 5) the Project has been attractively designed and is compatible with the neighborhood in which it is located. B. Pursuant to Section 8.120.OSO.A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The PD rezone with Stagel/Stage 2 Development Plan for Arroyo Vista will be harmonious and compatible with existing and potential development in the surrounding area in that: 1) the land uses and Site Plan establish a Residential and Public/Semi-Public Project; 2) the proposed Project is consistent with the type of development, residential, envisioned in the General Plan, as amended, and also provides space for Public/Semi-Public land uses; 3) the Project Site has Page 1 of 9 ATTACHMENT 4 q~{5 ~ X155 been designed to reduce impacts on the adjacent residential developments and to be compatible with the residential uses in the vicinity; 4) the Development Plan will provide for housing to meet the City's need for affordable units and will provide a daycare facility which will provide aSemi-Public facility to meet the needs of the residents in the vicinity; and 5) the Project has been attractively designed and is compatible with the neighborhood in which it is located. 2. The Project Site is physically suitable for the type and intensity of the zoning district being proposed because: 1) the residential portion of the Project Site will have a density of 15.9 units per acre which is consistent with the amended General Plan land use designation of Medium/High-Density Residential land use designation; 2) the daycare will have a Floor Area Ratio of .22 which is consistent with the maximum FAR for Public/Semi-Public land uses in the General Plan; 3) the Site is accessible by three entrances off of Dougherty Road an existing street; 4) the Development Plan will provide for housing to meet the City's need for affordable units and will provide a daycare facility which will provide aSemi-Public facility to meet the needs of the residents in the vicinity; and 5) the Site is currently developed with residential uses and is relatively flat, and is therefore physically suitable for the type and intensity of the proposed Planned Development Zoning district. 3. The PD rezoning with Stagel /Stage 2 Development Plan will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety and welfare because: the Project will comply with all applicable development regulations and standards and will implement all applicable mitigation measures in the Arroyo Vista Environmental Impact Report and the Environmental Assessment (Finding of No Significant Impact pursuant to the National Environmental Policy Act). 4. The PD rezoning with Stagel/Stage 2 Development Plan is consistent with the Dublin General Plan because: 1) the proposed residential development, community building and daycare facility is consistent with the amended General Plan land use designations of Medium/High Density Residential and Public/Semi-Public; 2) the proposed Project is consistent with the City's goal of developing Public facilities within the City to meet the needs of the residents; 3) the residential development will provide affordable and market-rate housing as well as a mix of housing types which is consistent with the General Plan Land Use and Circulation Element Goal A and Policy C; 4) the Project proposes efficient and higher intensity use on a relatively flat site that minimizes grading requirements and potential environmental and aesthetic resources consistent with General Plan open space policy; 5) consistent with the General Plan circulation element policy, the City will continue to periodically monitor the Dublin Boulevard/Dougherty Road intersection over time to determine if transportation measures to improve levels of service are necessary; 6) the Project provides pathway connectivity within and through the site as well as a focal point through the child care and community centers consistent with the General Plan sustainability element; and 7) the Project includes an attractive development with new dwellings, new daycare and landscaping which will promote visual interest of the Site from the adjacent properties and the street and will promote a pedestrian friendly environment once the Project is complete. C. Pursuant to the California Environmental Quality Act (CEQA), on ,the City Council adopted Resolution No. certifying an Environmental Impact Report (EIR) (SCH #2007122066) and making all required findings, which resolution is incorporated herein by reference. Page 2 of 9 q'~b ~~' X55 D. On 2009, the City Council adopted Resolution No. approving the companion General Plan Amendment for the Project, which resolution is incorporated herein by reference. Section 3. ZONING MAP AMENDMENT. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to rezone the following property ("the Property") to a PD-Planned Development district: 24.13± gross acres within APN 941-0007-001-07 DOC 1986 277644 for PA 07-028. A map of the rezoning area is shown below: Section 4. STAGE 1/2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the subject property are set forth in the following Stage 1/Stage 2 Development Plan, which is hereby approved. Any amendments to the Stage 1/Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code. 1. Statement of uses. PD Medium/High Density Residential Intent. Medium/High Density land use designations are established to: a) reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety; b) preserve as many as possible of the desirable characteristics of the one-family Residential district while permitting higher population densities; c) ensure adequate light, air, privacy, and open space for each dwelling unit; d) Page 3 of 9 `~`~~ °f- ass minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; and e) provide necessary space for off- street parking of automobiles. Permitted Uses Accessory structures and uses in accordance with Section 8.40.030 of the Dublin Zoning Ordinance Animal Keeping -Residential Community Building with Community Serving Uses (for use by the residents of Arroyo Vista only) Community Care Facility/small (permitted if required by law, otherwise as conditional use) Home Occupations (per Chapter 8.64 of the Dublin Zoning Ordinance) Leasing Office (for leasing on-site units only) and Offices Related to the Affordable Housing Project (Eden Housing portion of the Site) Multi-Family Dwelling Private Recreation Facility (for homeowners' association and/or tenants use only) Single Family Residence Small Family Day Care Home Similar and related uses as determined by the Community Development Director Conditional Uses Community Facility Community Care Facility/Large Day Care center Large Family Day Care Home Parking Lot -Residential Semi-Public Facilities Similar and related uses as determined by the Community Development Director The reviewing body for these conditional uses shall be the same as the reviewing body for the uses in the R-M, Multi-Family Residential) Zoning District listed in Chapter 8.12, Zoning District and Permitted Uses of Land, of the Zoning Ordinance. Temporary Uses Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted temporary uses and permit procedures. PD-Public/Semi-Public Intent. Public/Semi-Public land use designations are established to provide Quasi-Public uses, such as daycare centers, private schools, theaters and other similar uses which benefit the community. Permitted Uses Uses including but not limited to: School (private) Day Care center Community Center Similar and related uses as determined by the Community Development Director Conditional Uses Community Facility All other uses deemed to be consistent with the General Plan land use designation of Public/Semi- Public, as determined by the Community Development Director. Page 4 of 9 The reviewing body for these conditional uses shall be the same as the reviewing body for the uses in the R-M, Multi-Family Residential) Zoning District listed in Chapter 8.12, Zoning District and Permitted Uses of Land, of the Zoning Ordinance. Temporary Uses Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted temporary uses and permit procedures. 2. Stage 1 and Stage 2 Site Plan. t ~ ~, f l i f - 1 s:~. ~~ _-~_11111lli t~,ll~lt ~ -_ _ ~' J- - `F.~: wa.n ~., ~~ ;; ',, _,f 1 ''// __ ,,,```` ' aim AC' ''1--- -, ~ ~ ' i~ ~~ -i ,. ~ , i 1 ~ rMnr~ ~ ~ ' AC ~ y I i nim~scwwquc _- OJk ACS ~ l_ ._ _ 111 PR02CI STI4 __ _ ~ti,}' I} Ir4D11MA0GN DENSftY RFEmEEf11AL~ ~.wuu.~ '\ ~ ±;~~ '~_ ,...~ .f.w _ __ __ - -_ - _ ~~: __ ~: =°- ~-~ . ~ ...- - _ 3. Site area, proposed densities, maximum number of residential units, maximum square footage of non-residential area. Land Use Gross Net Density Maximum Number of Maximum Non-Residential Designation Acres Acres Dwelling Units Square Footage Medium/High 23.46 14.1 to 25.0 units 378 3,200 Square Feet* 23.79 Density Residential p er acre Public/Semi-Public 0.34 0.34 ,50 FAR 0 7,405 Square Feet Facilities *Community Building 4. Development Regulations. Eden Housin Affordable Pro'ect) Minimun- Minimum Setbacks Building to Dougherty Road Property Line 15' Building to West Pro erty Boundary 15' Maximum Lot Covera a 60% Maximum Floor Area Ratio (Public/Semi- Public land use desi nation .50 FAR Maximum Buildin Hei ht 45' and 3 stories Accessor Structures Per Zoning Ordinance Parkin S aces Re uired Affordable A artments 1.82 arkin stalls per unit Senior Apartments 0.76 parking stalls per unit Childcare Facility 1 er em loyee lust arking or loadings ace er 5 children Community Building 10 Page 5 of 9 ~~~ Q~ ~,s Citation Homes Central Market Rate Units Minimam Attached Houses Minimum Setbacks Building to Dougherty Road Property Line 10' Buildin to Public Street Right-of--Way 10' Detached Houses Minimum Setbacks Front Yard Rear Yard 8' (4' from porch) 0 Side Yard 4' Minimum Lot Size -Attached 1,950 S ware Feet Maximum Lot Covera e 78% Maximum Buildin Hei ht 40' and 3 stories Accessor Structures Per Zonin Ordinance Parkin S aces Re wired Attached Houses Detached Houses 2 stalls located inside a garage with a minimum unobstructed dimension of 20 feet x 20 feet plus 0.5 west arking stall er unit 2 stalls located inside a garage with a minimum unobstructed dimension of 20 feet x 20 feet plus 1 guest parking stall per unit General Residential Yard Provisions: Air conditioning units for the detached units shall be screened from view and located in the side yard. Air conditioning units may be located on the property line as long as one side maintains a minimum 3 foot wide unobstructed (clear) path from the front yard to the alley. Air conditioning units for the attached houses shall be located at grade and shall be screened from view. 5. Architectural Standards. All improvements in this Zoning District shall be well designed and shall compliment the character and design of the surrounding neighborhood. All improvements and future improvements shall be compliment the design of the existing buildings and shall enhance the Site and be harmonious with high standards of improvements in the surrounding area. Future improvements shall be consistent with the purpose of Chapter 8.104, Site Development Review, in the Zoning Ordinance. All unsightly uses shall be screened from view. All equipment including HVAC units, conduits, piping, fire risers and trash containers shall be completely screened from view. Eden Housing Project The Eden Housing portion of the Project will be located in the center of the Arroyo Vista development. The overall design of this portion of the Project is the farmhouse design, with variations between each of the buildings, to complement the historical rural character of the City of Dublin. The Eden Housing portion of the project will consist of up to 180 affordable rental units ("Rental Component" of the project). Family Apartments The family apartment portion of this Project will have four different building types. Each unit will have a front porch and a small deck. The buildings within Eden Housing's portion of the Project have been designed with the farmhouse architectural theme. The farmhouse architectural style can be characterized through the use of simple materials and colors with shed roofs and windows. Materials which complement the design theme will be used on all of the elevations. Page 6 of 9 ~~ ~ t ; :~ Citation Homes Housing The Citation Homes Central portion of the Project will be located adjacent to Dougherty Road and on the northern and southern portions of the property. The Citation Homes Central portion of the project will consist of up to 198 for-sale dwelling units ("For Sale Component"). The attached housing product is located adjacent to Dougherty Road and on the southern portion of the Site. The Applicants have proposed to use three different architectural designs: Craftsman, Contemporary American West and Cape Cod to complement the farmhouse design of the Eden Housing portion of the Project. While the Citation Homes Central architectural themes are different than the Eden Housing design theme, the use of an American architectural style will reinforce the connection between the affordable and market rate portions of the Project. The front elevation of the single-family detached houses will face a landscaped paseo which is connected to the street by a sidewalk. The paseo will be landscaped with trees, shrubs and grasses. The garage to the houses can be accessed via an auto court. Cape Cod Design The design of these houses includes details such as gable roofs and covered front porches. Materials include stucco and horizontal wood siding, with horizontal wood siding comprising most of the building. Shutters are also used. Contemporary American West Design The Contemporary American West elevations incorporate architectural details which are consistent with this design theme. The use of rustic materials, including board and batten, horizontal wood and stucco siding will be used. Architectural details include the use of decorative wood trim, window ledges, attractive window frames, the use of muntins (grids) and shutters. A combination of porticos and covered porches will be used at the entrances to the units to promote visual interest. Craftsman Design Three different versions of the Craftsman design will be used in this Project. The Craftsman design theme features wood accents, variety of materials and gable roofs. For variety, a combination of stucco, wood shingle siding and horizontal wood siding will be used on the front elevation. Corbels and other wood accents, such as ledges, will also be used on this elevation to promote visual interest and in keeping with the craftsman theme. Enhanced Side Elevations In some cases, one of the sides of the house may face the street. When this situation occurs, an enhanced elevation will be used so that the portion of the house facing the street includes architectural details for visual interest, rather than. a blank wall. Page 7 of 9 ~5I ~- X55 6. Preliminary Landscaping Plan. .~... m~ ~..~..... ...,.m. a ~.. ~~.. a ~' _ ..~.,...~~,..w,a... __ ..._.._ _ m_ .~ _.. .-.-.~.~,._,_..._.e.._ _a _. ~ ..._.~.. ..~ a_ _~. ~_ ~_ __ ~ Ta ~,..,._., .e..._ - 7. Phasing Plan. ~~ ~..~,._._ _..-__ m Construction of the Project shall be done in accordance with the Disposition and Development Agreement for the Redevelopment of Arroyo Vista between the City and the developers, in effect at the time of construction. 8. Statement of Consistency with General Plan. The PD rezoning and related Stage 1/2 Development Plan is consistent with the General Plan as amended through Resolution ,approving the companion General Plan Amendment. 9. Inclusionary Zoning Regulations. The affordable portion of the Project (Rental Component) and the market-rate portion of the Project (For Sale Component) shall comply with the City's Inclusionary Zoning Regulations (Chapter 8.68 of the Zoning Ordinance) unless the City Council by resolution grants waivers of the requirements of Chapter 8.68, including but not limited to the affordability, dispersal, bedroom size, concurrent construction and preference point requirements of Chapter 8.68. The concurrent construction requirement of the Inclusionary Zoning Regulations (Section 8.68.030.D of the City's Zoning Ordinance) can be waived by the City Council by resolution if all of the following are met: (a) the affordable for-sale units in the For-Sale Component are constructed concurrently with the market rate for-sale units in the For-Sale component to a maximum of 126 for- sale units (112 market units and 14 affordable units); and (b) no building permit shall be issued for any units in the For-Sale Component in excess of 126 units unless [i] the developer of the Rental Component has secured financing for the entire Rental Component, to the satisfaction of the City Manager; [ii] the developer of the For Sale Component constructs affordable units that, together with the 14 affordable units, satisfy the Inclusionary Zoning Regulation's requirements for the For-Sale Component; or [iii) the developer of the For Sale Component pays fees in lieu of constructing the remaining affordable units required for compliance with the Inclusionary Zoning Regulation's 12.5% requirement for the For-Sale Component. In the event that the developer of the For Sale Component pays in lieu fees pursuant to (b)[iii], the City will place such fees in an account and shall return such Page 8 of 9 ~i5a ~- q55 monies to the developer of the For Sale Component, with accrued interest, when the developer of the Rental Component has secured financing for the entire Rental Component, to the satisfaction of the City Manager. No Council resolution waiving the concurrent construction requirement of the Inclusionary Zoning Regulations shall be effective unless in compliance with the foregoing. 10. Aerial Photo. Any Section 5. The use, development, improvement, and maintenance of the Project area shall be governed by the provisions of the R-M, Multi-Family Residential Zoning District and of the Dublin Zoning Ordinance except as provided in the Stage 1/Stage 2 Development Plan. Section 6. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 15`'' day of September 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G: IArroyo Vista IPC PHI CC Ordinance PD.DOC Page 9 of 9 RESOLUTION NO. XX - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN _..... _ . ~.~.a.. ~. APPROVING A WAIVER TO CHAPTER 8.68 OF THE DUBLIN MUNICIPAL CODE RELATED TO AFFORDABILITY, PREFERENCE POINT, CONCURRENT CONSTRUCTION, EQUIVALENT BEDROOM SIZE AND DISPERSAL REQUIREMENTS FOR THE ARROYO VISTA PROJECT LOCATED AT 6700 DOUGHERTY ROAD (APN 941-0007-001-07) PA 07-028 WHEREAS, Eden Housing Inc. and Citation Homes Central (hereafter the "Developer") submitted an application (PA 07-028) to the City regarding a 24.13 acre parcel ("Arroyo Vista") located at 6700 Dougherty Road for the demolition of the existing residential development and the construction of a new project with up to 378 residential dwelling units, daycare facility, community building and related improvements; and WHEREAS, the rental component of the Project will be constructed and managed by Eden Housing Inc., and will consist of 130 affordable family rental units (129 income restricted units and one live-in manager's unit), and 50 rental senior apartments (49 1-bedroom income-restricted apartments and one live-in manager's unit) and will replace the existing 150 public housing units on the site (the "Rental Component"); and WHEREAS, the for-sale component of the Project will be constructed by Citation Homes Central, and will consist of 198 market-rate units, which will include 14 for-sale units (the "For-Sale Component"); and WHEREAS, the City's Inclusionary Zoning Ordinance (Dublin Municipal Code Chapter 8.68, hereafter the "Inclusionary Ordinance") requires that 12.5% of the units in a new residential for-sale or rental development project consisting of 20 units or more must be affordable to households with very low- , low-, or moderate incomes, and of these affordable units, 30% must be very low-income units, 20% must be low-income units and 50% must be moderate-income units (the "affordability requirement"); and WHEREAS, the Inclusionary Ordinance also requires the affordable units: 1) to be constructed concurrently with the market-rate units (the "concurrent construction requirement"); 2) to reflect the range of numbers of bedrooms provided in the project as a whole (the "equivalent bedroom requirement"); 3) to not be distinguished by exterior design, construction, or materials (the "design requirement") • and 4) to be reasonably dispersed throughout the project (the "dispersal requirement"); and WHEREAS, the Inclusionary Ordinance requires qualified owners and tenants to be selected pursuant to the preference point system set forth in the Inclusionary Ordinance (the "preference requirement"); and WHEREAS, the City may waive the requirements of the Inclusionary Ordinance and approve alternate methods of compliance with the Inclusionary Ordinance if the applicant demonstrates, and the City Council finds, that such alternate methods satisfy the purposes of the Inclusionary Ordinance; and WHEREAS, the For-Sale Component does not satisfy the number of affordable units required by the Inclusionary Ordinance, and the Rental Component exceeds the required number of affordable units; and WHEREAS, to remedy the Project's inconsistency with the Inclusionary Ordinance, the Developer proposes that the Council consider the Rental Component and For-Sale Component as one project for purposes of the Inclusionary Ordinance; and WHEREAS, the Developer requests a waiver from some of the requirements of the Inclusionary Ordinance, including permission to calculate the affordable units required in the Rental Component and the For-Sale Component in the aggregate for the entire development; and WHEREAS, the Rental Component and For-Sale Component, in the aggregate, exceed the 12.5% affordability requirement of the Inclusionary Ordinance by providing a total of 192 affordable units (42 more affordable units than exist on the site today) and providing deeper affordability than required by the Ordinance; and WHEREAS, the Developer requests a waiver from the affordability requirement of the Inclusionary Ordinance so that the Rental Component can be constructed without any moderate-income units and the For-Sale Component can be constructed without any very low-income or low-income units; and WHEREAS, the Developer requests a waiver from the preference point requirement of the Inclusionary Ordinance so that aone-time exception would be provided to enable existing and former Arroyo Vista residents to receive express preference for all affordable units in the Project; and WHEREAS, the Developer requests a waiver from the requirement of concurrent construction because certain financing and regulatory constraints may impede Eden Housing Inc.'s ability to initiate construction of the affordable rental units prior to or concurrently with Citation Homes Central's construction of the market-rate units; provided however, Citation Homes Central will construct the affordable for-sale units concurrently with the market-rate for-sale units; and WHEREAS, the Developer requests a waiver from the equivalent bedroom requirement because Citation Homes Central plans to construct some 4-bedroom market-rate, for-sale units but no 4-bedroom affordable, for-sale units; and WHEREAS, the Developer requests a waiver from the dispersal requirement because the Rental Component is 100% affordable and therefore the affordable rental units will be clustered together; provided however, Citation will disperse the affordable for-sale units throughout the For Sale Component. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin City Council hereby finds that: A. The Developer's alternate methods of compliance with the affordability, preference point, concurrent construction, equivalent bedroom size and dispersal requirements of the Inclusionary Ordinance meet the purposes of the Inclusionary Ordinance and constitute alternate methods of compliance. B. The Council waives the affordability, preference point, equivalent bedroom size and dispersal requirements of the Inclusionary Ordinance and approves Developer's alternate methods of compliance. C. The Council waives the concurrent construction requirement of the Inclusionary Ordinance provided: (a) the affordable for-sale units in the For-Sale Component are constructed concurrently with the market rate for-sale units in the For-Sale Component to a maximum of 126 for-sale units (112 market rate units and 14 affordable units); and (b) no building permit shall be issued for any units in the For-Sale Component in excess of 126 units unless [i] Eden has secured financing for the entire Rental Component, to the satisfaction of the City Manager; [ii] Citation constructs affordable units that, together with the 14 affordable units, satisfy the Inclusionary Ordinance's requirements for the For-Sale Component; or [iii] Citation pays fees in lieu of constructing the remaining affordable units required for compliance with the Inclusionary Ordinance's 12.5% requirement for the For-Sale Component. In the event that Citation pays in lieu fees pursuant to (b)[iii], the City will place such fees in an account and shall return such monies to Citation, with accrued interest, when Eden has secured financing for the entire Rental Component, to the satisfaction of the City Manager. D. The Council finds that treating the Rental Component and For-Sale Component as one project for purposes of the Inclusionary Ordinance meets the purposes of the Inclusionary Ordinance because more affordable units will be created and deeper affordability will be provided than required by the Inclusionary Ordinance. PASSED, APPROVED AND ADOPTED this 15th day of September 2009 by the following vote:. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G.IArroyo VistaICCP/-IICCResolnclusionary Waiver.doc