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HomeMy WebLinkAbout6.1 In-LieuRentalFee ,.':. " 10.,' ,'.".'" , ., i- ", I ~'''::~ft,:i;(~:;..'' " " *, ,'~~""'" . ,', AGENDA STATEMENT " ,',: " "OITVCOUNCIL,MEETING DATE:, March_'~~'199fr. ' sUBJitCT:' ' , , "'.,,. ' . . 'c-..,.' , .' '";t.) ..' ' .. . ,'" Public HeariiIg: ~ucti~n:ofReBtid A\l8Uel:)i1i~~..Lieu Rental " Fee Amount " ' (Report Prepared byDeJ1nillC~bn, Senior. Planner) . r,I," .~\ : !: ,~- -~~.~. ," ,,~ 1 ^,:,~~'.'.: ~ E~BITS A.TTACHED: ,,' ." , . .' ,. .. ,. A. "Resolution deteniiining*lri..Lieu~eifa1 F.e,amount " B. Mettlorahdum toPlarUiin.g,'Dfrect()rdate4Janual'y, 31, 1996 C.Chapter 8~04,oftheMutJieipa1CC)de;Jlental 'A vai4lbility Ordi~ "', " ',', D. Attachment 1 ()f~eRenta1 A~~Uity,atdidulce E. Rental Survey " F. Spreadsheet showing c,alcuWion' ofIp~~ie~'R.entalFee fimount " \,,' : RECOMMENDATION: ~;: 3. 4. S. Open PublicHiwitIg, Hear Staffpresentat!on ", "'. Receive Public 'Testimony' Deliberate >' """,' ' Adopt ~esolutionnWising 'the, Ih~Meu .Rental Fee amount QI' 'pt'Ovidedirectiolltegardin8 #In..LieU Rtfutft1F~e, itnd' col1tinuethis:item;, '. ~~/ ' FINANCIAL'StA1tMENT: Minor costto Cjtyto administertJte inW<e of tile fee; depositing the fee into a special account; and to administer the use of the funds to,pro:vide, rental: hOUsing in the City of j. ~,'! ~ ' ' , ,. ,.. J . Dublin. ... e,: DESCRIP'FION: .. On September 23, 1991, the City Council adoptedth~ Renta1'Availa"bility~:t. 'AUhat' , hearing, the COuncil approved an In-Liell Rental Fee of$10,808 per tental~,ript\~\ri4ed;The': Ordinance calls for the 'In-Lieu Rental Fee tobeupdat~. evety twoyears.lbi~ ,~mtl?een'ctone 'due to the press ofothdfmlitters. .... ",..i'.'i',': '.:,. .... ;,:'0' .,,' '," .... ,: , ' " . . , .:' ~ , . ,: . ." . . ., The purpose oftbeRental Availability Ordihance:i,'to proVide' t.mtalltc)l.,jqg1nthtICbj'of Dublin by reqriiringtPit'l00(O :of the tota!':'l1Umberofunitsinall'neWinUltifamily projeMS 'otme>it than ten uriits be maintained' as rental units for a period offive yeats. 'Thtobligauontppro~demta1hnjtsmtlybe '. '.1 . /, '> I .~. ".,. '. \.' .' . .,'/" :' I,~; " . .. " ' , '. tl----:--;.'-~---7-:--------CO..iESTO:-.,--R;;taiA_i;~;.~-iii;--. r" , PA96-006 FiI~ "'d , . ...., Dennis Carrhi'...,i,....wr'Planne;. . , ITE"'M" '..~;.~:c:'. f' "':1~."~ " 11.;. ". ..,1 ~ ", , "', ,. satisfied by. the applicant's.payment of the InwLieu Rental Pees. The amount of the InwLieu RentalPee for a project is required by the Municipal Code to be determined by the City Council at least every tw&~. . . The methodology for establishing the InwLieu Rental Fee is set forth in Attachment 1 (Exhibit D) of the Rental Availability Ordinance and more clearly shown in Exhibit F. The fee must equal the cost, . for a five year period, of the difference between the cost of a three bedroom apartment and the amount that a low income family earning 80% of the Alameda County Median income for a family of five can pay for such a unit. That cost is determined for each year of a five year period and then totaled for the fee. The InwLieu Rental. Pee is charged for the JO% of the rental units not provided by the developer. Three variables determine the amount of the InwLieu Rental Fee: ~"~_=~ iZ _.~.~ .," 1. The Median Income for a family offive as detennined by the E~deral'D~artment of Housini and Urban D~veIQpment. This amount must be projected for the five year period for which the Itt;Li~u Rental Fee is calculated.. The rate of increase over the previous five years is used to projectthe rate of increase of the median income for the five yeats for which the fee is to be calculated. Staff calculated the annual percentage rate of increase for median income for the period between the beginning of 1989 and the beginning of 1995 to be 4.84835%. This rate of increase will be used for the calculation of the fee for the next five years: 2. The market rent of II three bedroomunitco11lPar~ble to tIle units beini built as part of the multifamily deyelQpment for Which an InwLieu Rental Fee is beini paid. This amount must be projected for the five year period for which the InwLieuRental Fee is calculated. Staffperformed a telephone survey of comparable apartment complexes for rents .ofthree bedroom units in Dublin, Livermore and San Ramon. The survey determined the average rent to be $1,231.16. 3. The rate of ~q,r~et Ren~ increase. This rate was determined by means of a telephone . survey by Staff. The rental figure for 1994 is the only reliable historic rental figure available to the City. The rate of increase from 1994 to 1995 was determined to be 4.06%. This figure was used to project the rate of increase of the median income figure for the five :years for which the fee is calculated. IN~LIEU RENTAL FEE The In..Lieu Rental Fee was calculated as shownon the attached spreadsheet (Exhibit F). Federal standards for expenditures on housing state that a low income family earning 80% of the median income should pay no more than 30% of its income on housing. Since rental units are required to be avai~able for a five year period, the Fee is calculated over a five year period. The year is shown in the first column of the spreadsheet. The spreadsheet shows the Alameda County Median Income for a family of five in the secondcolumn~ The third column shows 80010 of the median income. The fourth column divides the 80% figure by 12 to arrive at monthly income. The fifth colwnn shows the cUlTent mark~t rent, fora three bedroom apartment comparable to multiwfamily units being built in Dublin today. The sixth column i shows the monthly amount afamily can.spend for rent (30% of monthly income shown in column four). The difference between the current market rent in coluinn five and the amount a family can spend in column six is calculated and shown in column seven. In the case of 1995, the monthly difference is $34.16. This amount is multiplied by 12to arrive at the yearly difference for 1995 of $409.92 in column 8. Identical calculations are run for 1996 through 1999 with figures for those years for Yearly Income and Market Rent being increased based on past increases for those figures. The yearly difference for each year is totaled to arrive at the In-Lieu Rental Fee of $986.24 per rental unit that that the developer elects to not .~ provide. An InwLieu Rental Fee fut a hypothetical 250 unit townhome development could be calculated using the existing $10~'808 In~Lieu Rental Fee and the proposed $986.24 fee. A 250 unit townhome' development would be required to provide 10% of the units (25 units) as rentals for a five year period. 25 $10,808 1991 FEE PER UNIT $270,200 Total $986.24 1995 FEE PER UNIT $24,656 Total UNlTS ... . ,," .. . The fee as currently calculated is significantly lower than the 1991 fee. This is because the yearly median increase is based on a slower rate (4.84 %) than used in 1991 (5%) and because the rate of increase in market rents is based on a slower rate of increase (4.06%) than used in 1991(5%). This is made clear in the later years of the fee calculation when the amount of money available for families in the Low Income category to pay rent actually exceeds the market rent. These changes in the variables determining the fee can result in much lower fees when calculateciove;...&- five year period. - ___ _.......-- - 'I I Staff recommends that the City Council adopt Exhibit A, Resolution determining the In. Lieu Reptal Fee amount, or that the City Council provide direction regarding the In-Lieu Rental Fee and continue this item. . . g:P A96006\AGDASTMT RESOLUTION NO. - 96 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVAL OF IN-LIEU RENTAL FEE WHEREAS, the City Council adopted the Rental Availability Ordinance on September 23, 1991, in order to implement Dublin Housing Element Strategy III.E.; ~d__, _ , I .. WHEREAS, pursuant to the provisions of State Planning and Zoning law, it is the function and duty of the City Council of the City of Dublin to take action on proposed fees; and 1. ~ ., ~J WHEREAS, the Rental Availability Ordinance and Associated In-Lieu Rental Fee was reviewed in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, the Environmental Impact Report, SCH #84011002, was prepared for the Dublin General Plan and certified on February 11, 1985; which Environmental Impact Report addressed impacts of the future development of the City of Dublin; and which impacts of said development of the General Plan exceed the impacts of General Plan Amendment 91-001, including the Rental Availability Ordinance and In-Lieu Rental fees pursuant to that ordinance; and WHEREAS, the programs proposed in the Rental Availability Ordinance, including the In-Lieu ~ental Fee, do not raise any new significant environmental issues which were not addressed in the Dublin ~eneral Plan Environmental Impact Report; and WHEREAS, Section 8.04.050 (f) of the Rental Availability Ordinance states that the City Council shall establish the In-Lieu Rental Fee by resolution every two years; and WHEREAS, on September 23, 1991, the City Council did adopt an In-Lieu Rental Fee of $10,808; and WHEREAS, due to the press of other matters a revised In-Lieu Rental Fee has not been adopted since September 23, 1991 ; and WHEREAS, the methodology for determining the amount of the In-Lieu Rental Fee is set forth in Attachment 1 of the Rental Availability Ordinance; and WHEREAS, a survey by Staff established the average market rent for a three bedroom unit for a family of five, and determined the rate of Market Rate increase of rents; and WHEREAS, Staff determined the rate of increase of the Alameda County Median Income for a family of five; and . WHEREAS, the City Council did consider the proposed In-Lieu Rental Fee; and WHEREAS, a Staff Report was submitted recommending that a In-Lieu Rental Fee amount be approved; and EXHIBIT A WHEREAS, data indicating the amount of cost, or estimated cost, required to provide the housing for which the In-Lieu Rental Fee is levied and the revenue sources anticipated to provide the housing, including General Fund revenues were made available to the public at least 10 days prior to the City . Council meeting; and WHEREAS, the City Council considered all written and oral testimony submitted at the City Council Meeting; and NOW, THEREFORE, BE IT RESOLVED that the Dubli~_<::;ity Cou!1ci~ ~pproves the In-Lieu Rental Fee of $986.24 for every rental unit which is not provided.' . .1\, PASSED, APPROVED AND ADOPTED this 12th day of March, 1996. AYES: NOES: ABSENT: ABSTAIN: Mayor . ATTEST: City Clerk . g:pa96006\reso CITY OF DUBLIN MEMORANDUM TO: Larry Tong, Planning Director '?'.,.... FROM: Dennis Carringt~n, Senior Planner DATE: January 31, 1 996 RE: Amount of Rental In-lieu Fee Chapter 8.04 of the Dublin Municipal Code (attached), the "Rental Ability Ordinance" states, in part, that subject to approval by the Planning Commission or City Council, an applicant may contribute a fee in lieu of providing a rental unit. The amount of the in-lieu rental fee for a project shall be determined by resolution by the City Council at least every two years. The methodology for the determination of the flat in-lieu fee is .shown in Attachment 1 to the Rental Availability Ordinance (attached). The methodology established by Attachment 1. The fee must equal the cost, for a five year period, of the difference between the cost of a three bedroom apartment and the amount a family earning 80% of the Alameda Median income for a family of five individuals can pay for such a unit. That cost is determined for each year of a five year period and then totaled for the fee. The fee is charged for 10% of the units. Three \.::lriables determine the in-lieu fee: 1. The Median Income for a family of five as determined by the Federal Department of Housing and Urban Development. This amount must be projected for the five year period for which the in-lieu fee is calculated. The rate of increase over the previous five years is used to project the rate of increase of the median income figure fOi the five years for which the fee is calculated. The annual percentage rate of increase for Median Income for the period between February, 1989 and January 18, 1995, was determined to be 4.84835%. The Median Income for a family of 5 rose from $45,050 to $59,850 over 72 months. The 72 month figure is based on the fact that although the $59, 850 figure is for mid-January, 1995, 71.5 months after the February 1989 start date, the rate would still be $59,850 twelve .days later at 72 months. L~HIBIT _13 2. The market rent of a three bedroom unit comparable to the units being built . as part of the multifamily development for which an in-lieu fee is being paid. This amount must be projected for the five year period for which the in-lieu fee is calculated. Market Rate Rent of $1,231.16. Sharon Young performed a telephone survey of comparable apartment complexes for rents of three bedroom units. The rents for comparable units in Dublin, Livermore and San Ramon were multiplied times the number of units at that rate. The resulting totals for each unit were=than" added and divided by the total number of units (232 for which 1995 rents were available) (see attachment). This yielded an average weighted regional rent for comparable three bedroom units of ~'1 ,231.16. Kaufman and Broad had Tony Hurt do a survey of Dublin Apartments on November 15, 1995 (see attached letter from K and B). The rental rate for three bedroom units from Tony Hurt's survey is $1,238.21. Staff feels that the more conservative lower figure should be used. 3. The rate of Market Rent increase. This rate is determined by means of a survey. The rental figure for 1994 is the only reliable historic rental figure available to the City. All but two apartment managers claimed that they did not have older rental figures for a variety of reasons. The rate of increase from 1994 to 1995 was used to project the rate of increase of the median income figure for the five years for which the fee is calculated. Market Rate Rent annual increase of 4.06%. The annual percentage increase in market rate rent was derived for each complex. The number of units was multiplied timAs the % rate of increase for each unit to reach a weighted total for that unit. The weighted totals were added and divided by the 136 units for which 1994 figures were available (see attachment). . Determination of In-lieu Fee. The attached spreadsheet shows how the factors listed above were used to determine the Rental In-lieu Fee of $986.24 per unit. /raomem2 . -. . Chapter 8.04 RENTAL A V AILABILITY Sections: , 8.04.010 8.04.020 8.04.030 8.04.040 8.04.050 8.04.060 .' 8.04.070 8.04.080 8.04.090 8.04.100 8.04.110 Title. Findings. Purpose. Definitions. General rental unit requirements for new multifamily residential developments of more than ten (10) units. Relation of rental availability ordinance to incIusionary housing ordinance. In-lieu rental fees. Conflict of interest. Violation-Penalty. Enforcement. Appeals. 8.04.010 ,Title. The ordinance codified in this chapter shall be called the "Rental Availability Ordinance of the City of Dublin." (Ord. 14-91 ~ 1 (part)) 10_ - ... . .... -+.' 8.04.020' Findings." A goal of the city's adopted housing element is td achieve a balanced community with housing available for households over a range of income levels. The citY of Dub- lin finds the city is experiencing a shortage of rental housing. The city's Housing Ele- ment identifies a five-percent (5 %) vacancy rate as necessary to permit rental mobility whereas the city's 3.9 percent rental vacan- cy rate falls far below that goal. (Housing Element, pp. 16-17.) In addition, rental .' ::....:.:::} 444a 8.04.010 housing is an important source of affordable housing since downpayment requirements and the high cost of new housing limit new ownership housing as an affordable housing source. Also, some householi:is choose to tent !GReasons'other than affordability. The City Council finds that it is a public pur- pose of the city and a public policy of the state of California as mandated by the re- quirements for a housing element of the city's general plan, to make available an adequate supply of rental housing for per- sons of all economic segments of the com- munity. (Ord. 14-91 ~ 1 (part)) 8.04.030 Purpose. The purpose of this chapter is to enhance the public welfare and assure that housing development contributes to the attainment of the above-described goals by providing rental housing in the , city of Dublin directly or through land acquisition, land or rental writedowns, constrUction of rental housing, rental assistance, direct contributions to a non-profit association or corporation for constrUction of rental housing, landbanking (including property exchanges) and any other mechanism available to the city to provide rental housing. A limited and finite amoUnt ofland remains for development of housing" in the city and extended planning area.. In order to assure that the remaining developable land is utilized in a manner consistent with the city's housing policies and needs, the city declares that ten percent (10%) of the total number of units in all new multifamily projects of more than ten (10) units shall be maintained as rental units for a period of five (5) years. The regula- tions set forth in this chapter shall apply citywide, including the extended planning areas. (Ord. 14-91 ~ 1 (part)) (Dublill S-92) EXHIBIT c 8.04.040 " "1~. 8.04.040 Definitions. For the purposes of this chapter, certain words and phrases shall be interpreted as set forth in this section unless it is apparent from the context that a different meaning is intended. "Applicant" means any person, firm, partnership, association, joint venture, cor- poration, or any entity or combination of entities which seeks city permits and ap- provals for a project. "Approval" means ~option of a resolu- tion by the Planning Commission andlor City Council approving a discretionary permit, such as a tentative map. > planned development or use permit, for a project uCity" means the city of Dublin or its designee or any entity with whkh the city contracts to administer this chapter. "Dublin employee" means any single person, hea4 of hou.s:ehold or, in the case of married couples, either spouse, who has worked ~itl1.in the city. limits of Dublin continu~ly for one (1) year immediately prior to the date of application for a rental unit :'Dublin r~id~nt" means any person who has livec:I within the city, limits of Dublin contin~y f~rone ,(I) year immediately prior.~ the ~.' ~f ,appli~o~ for a rental unit. ~'Co?-tin~y"...s~l be construed to incl~de lapses, of ~~idency pf no longer th~ six (6) months. . "Dwel.J:ing, unit" me~ a dwelling de- signed for occupancy by one (1) household. "HoU&:hold" means one (1) pers~n living alone, or two (2) or ,more persons sharing residency wl!-ose income resources are avail- a.I:>le to meet the family's needs and who are rel~, ~y ~loo~ marriage or operation of law. .,' (Dublin 8-92) 444b "In-lieu rental fee" means a fee paid to the city by an applicant for residential de- velopment in the city, in lieu of providing the rental units required by this chapter. uMultifamily residential development" meaIlS-a pr-eject.which includes any multi- family dwellings. ' "Project" means a housing development at one (1) location including all dwelling units for which permits have been applied for or approved within a twelve (12) month period. "Project owner" means any person, firm, partnership, association, joint venture, cor- poration, or any entity or combination of entities which holds fee title to the land on which the project is located. "Rental unit" means a rental dwelling unit ~ required by this chapter. "Re-rental controls" means legal restric- tions by which the availability of rental units will be monitored and controlled to insure that the unit remains available for rent "Unit type" means dwelling units with similar floor area and number of bedrooms. (Ord. 14-91 ~ 1 (part)) e:' e,. .:;. 8.04.050 General rental unit requirements for new multifamily residential developments of lI!ore than ten (10) units. A. 1. Any new multifamily residential development involving more than ten (10) dwelling units, which is approved on or after the effective date of the ordinance codified in this chapter, shall be conditioned to include an agreement to provide ten percent (10%) of the total number of dwell- ing units within the development as rental units for a period of five (5) years from the eo',' '. ..,. .:.. ". . date of final occupancy of each unit. The obligation to provide rental units may be satisfied by the applicant's payment of in- lieu rental fees, as provided in Section 8.12.070 of this chapter subject to approval by the approving body. 2. In applying the ten percent (10%) requirement, any resulting fraction of units less than 0.50 may be disregarded and any fraction greater than or equal to 0.50 shall be construed as requiring one (1) rental unit. The rental requirement shall be im- posed only once on a given development, regardless of changes in the character or ownership of the development. B. 1. Any development permit for new multifamily residential development projects of more than ten (10) units, if granted, shall be subject to conditions ensuring compli- ance with the provisions of this chapter. Such conditions shall specify the timing of construction of rental units and/or payment of in-lieu rental fees. 2. Evidence of compliance with the rental housing conditions shall be in the form of a written agreement between the applicant and the City Manager completed prior to final inspection of the first dwelling unit in the project. The agreement shall indicate the number and construction sched- uling of all rental units and any other infor- mation required by the City Manager to determine the applicant's compliance with the conditions. The agreement shall be recorded as a deed restriction prior to final inspection of the first dwelling unit in the project and shall run with the land encom- passed by the project for each phase until the rental units have been occupied for a period of five (5) years from the date of final occupancy of the last unit in each phase. 444c 8.04.050 C. Dublin residents will be given first preference for rental units; Dublin employ- ees will have second preference for rental units; third preference will be given to those who need to move to Dublin to be near Dublin'-residents -'Or. services; and fourth preference will be given to those who live outside of Dublin. D. All rental units in a project and phas- es of a project shall be constructed concur- rently with or prior to the construction of nonrental units. E. All rental units: 1. Shall be reasonably dispersed throughout the entire development; 2. Shall include all wtit types represent- ed in the project (unless the number of unit types exceeds the number of rental units) and said unit types shall be provided in the same proportion as in the project as a whole; and 3. Shall be compatible with the design and use of the nonrental units in tenns of exterior appearance, materials and finish quality. F. The City Council shall establish the in-lieu rental fee by resolution, which shall be adopted at least every two (2) years. G. The City Manager shall monitor the continuing availability of rental units and shall take such actions as necessary to noti- fy the public of their availability. (Ord. 14- 91 ~ 1 (part)) 8.04.060 Relation of rental availability ordinance to inclusionary housing ordinance. The rental availability provisions of this chapter are separate from the provisions of the Inc1usionary Housing Ordinance of the city of Dublin. However, rental wtits re- (Dublin 8-92) 8.04.060 ';<,,' quired under the rental availability ordi- nance codified in this chapter may also be counted to detennine compliance with inclusionary housing requirements so long as the rental units meet all applicable re- quirements of the inclusionary housing ordinance, including the time period and rent levels required. (Ord. 14-91 ~ 1 (part)) 8.04.070 In-lieu rental fees. A. Subject to approval by the approving authority, an applicant may contribute a fee in lieu of providing a rental unit. Such fee shall be known as the "in-lieu rental fee." B. "The amount of the in-lieu rental fee for a project shall be determined by resolu- tion by the City Council at least every two (2) years. The methodology for the determi- nation of the flat in-lieu rental fee is shown in Attachment I to the ordinance codified in this chapter. During the years that the City Council does not determine the fee by resolution, the amount of the in-lieu rental fee shall be increased annually by an amount equal to the rental rate increase used by the City Council in determining the current in-lieu rental fee. C. The entire in-lieu rental fee shall be paid no later than at the time of the final inspection of the first dwelling unit in the project. D. The in-lieu rental fee shall be depos- ited into a fund to be known as the "Rental A vailabiIity Housing In-Lieu Rental Fees Fund" ("Fund") and shall be used only for the purposes set forth herein. E. All moneys in the Fund, together with any interest earning on such moneys less reasonable administrative charges, shall be used by the City Manager for the pur- pose of providing rental housing in the city of Dublin through land acquisition, land or (Dublin &-92) 444d . rental writedowns, construction of rental housing, rental assistance, direct contribu- tions to a nonprofit association or corpora- tion for construction of rental housing, landbanking (including property exchanges), ---.-.- .- -. . -=-= _~ l" , and" any ather mechanism available to the city to provide rental housing. F. The moneys in the Fund shall be used or committed to use for the purposes set forth in subsection E of this section within seven (7) years of the date of pay- ment into the Fund. Any moneys remaining unexpended or uncommitted at the end of the seven (7) year period shall be refunded to the then-current owner or may be con- tributed to a nonprofit association or the corporation for the purpose of providing rental housing in Dublin, at the option of the City Council. G. No later than June 30th of each year, the City Manager shall prepare a report for the City Council identifying the balance of moneys in the Fund and the rental housing provided, and any moneys committed to providing rental housing. The annual report shall also include a review of administrative charges. The City Council shall receive and consider the report. (Ord. 14-91 ~ I (part)) .' 8.04.080 Conflict of interest. Following are those individuals who, by virtue of their position or relationship, are found to be ineligible to rent a unit under this chapter as their residence: A. All employees and officials of the city of Dublin who have, by the authority of their position, policymaking authority or influence affecting city housing programs; B. The applicant or project owner. (Ord. 14-91 ~ 1 (part)) . 1 I. i ' '. ,e I ! 1'~' . . , 8.04.090 Violation-Penalty. A. It shall be unlawful for any person, fJIID, corporation, partnership or other entity to violate any provision or to fail to comply with any of the requirements 9fthis chapter. A violation of any of the provisions or failing to comply with any of the require- ments 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 prose- cuted as an infraction. B. Any person convicted of an infraction under the provisions of this code, unless provision is otherwise herein, made, shall be punishable as provided by the Government Code of the state of California. (Ord. 14-91 ~ 1 (part)) 8.04.100 Enforcement. A. The provisions of this chapter shall 444e 8,04.090 apply to all agents, successors and assigns of ap applicant No building permit or occu- pancy permit shall be issued, nor any devel- opment approval be granted which does not meet the requirements of this chapter. - -----.....,_.----. - -., II . B. The City Manager is designated as the enforcing authority. C. The city may institute any appropri- ate legal actions or proceedings necessary to ensure compliance herewith, including but not limited to actions to revoke, deny or suspend any permit or development approv- al. (Ord. 14-91 ~ 1 (part)) 8.04.110 Appeals. AIly person aggrieved by any action involving denial, suspension or revocation of an occupancy or 'other permit, or denial, suspension or revocation of any develop- ment approval, may appeal such action or determination in the manner provided in Section 1.04.050 of the Municipal Code. (Ord. 14-91 S 1 (part)) (Dublin 8-92) ATTACHMENT 1 The methodology for determining the in-lieu rental fees shall . be as ~ follows: The amount of the in-lieu rental fees for a project shall be calculated by multiplying the required number of rental units by the amount necessary to subsidize the re~tal of a three bedroom market rate apartment for five years for a family of five earnin~80% e.t=,the ,}....lameda County median income, where no more than 30% of income is spent on rent. The amou~t,of the in-lieu rental fee will be determined using the following table. (The numbers in the table are illustrative, the market rent, County Median Income and rental increase rate in the table will be those in effect at the time of approval of the project): Family of Five. l'.lameda county Median Income of $46,850. Percent l'1arket Affordable Difference 12 Mos. 5yrs The value of Rent Rent of the Median first Income year's rent plus 4 yeaZ"s at 5% yearly adjust- ~ ment for rent increases 80% $1,100 $937 .$163 $1,956 ,$9,780 $10,808 The value of the first year of rent plus four years at 5% yearly adjustment for rent increase is calcu~ated by adjusting the base of ~1,956 in this example annually for a period of four years at a compounded an~ual rate of 5% and adding that amount to the first year's rent. The 5% is based on a survey of rental increases in Dublin in July 1991. Typical rental increases will vary over time. Market rent will be determined by the City Manager. The 'apartment units used for determination of comDarative market rental cost must be located in the Tri-Valley area (Dubiin, San Ramon, Livermore and Pleasanton) and be comparable in size, age and amenities to the units that would otherwise be sold. In preparing the market rent comparisons, first consideration will be paid to rental projects in Dublin, then to those in San Ramon, Livermore and pleasanton. ~ EXHIBIT 3L /hsngo::rdd 7 The in-lieu rental fee will be increased annually during the years that the city Council does not determine an in-lieu rental fee by an amount r.l to the rental rate increase used by the City Council in determining current in-lieu rental fee. 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