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HomeMy WebLinkAbout6.3 Rental Availability Ordinance CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 9 , 1991 SUBJECT: Rental Availability Ordinance REPORT PREPARED BY: Dennis Carrington, Senior Planner Robert Schubert, Contract Planner EXHIBITS ATTACHED: Exhibit A: Draft Rental Availability Ordinance Attachment 1 : Minutes of Planning Commission meeting of August 5, 1991 Attachment 2 : Planning Commission Resolution No. 91-041 Attachment 3 : Planning Commission Resolution No. 91-042 RECOMMENDATION: 1) Open public hearing for this item in conjunction with General Plan Amendment /J V to revise the Housing Element 2 ) Receive Staff Report and testimony from the public 3) Question Staff and the public 4 ) Close public hearing and deliberate 5) Waive reading and introduce the Rental Availability Ordinance FINANCIAL STATEMENT: The adoption of the Rental Availability Ordinance would not increase staff costs during review of development projects . Revenues could be gained by the City for use in providing rental housing through the payment of in-lieu rental fees . Proposed in-lieu rental fee is $10, 808 per in-lieu dwelling unit, with first annual increased in-lieu rental fee to be $11, 348 . DESCRIPTION: On August 5, 1991, the Planning Commission, by a vote of 3-0 with one commissioner abstaining and one commissioner absent, recommended that the City Council adopt a resolution approving the Rental Availability Ordinance and that it adopt a resolution establishing an in-lieu rental fee. Section 6 . 3, Strategy III .E of the Housing Element requires that a minimum of 10% of the units in large multi-family projects be maintained as rental units for a period of five years . A goal of the Housing Element is to achieve a balanced community with housing ITEM N0. COPIES TO: General/Agenda File [ ] Rental Availability /RAOC29-5 Ordinance File Project Planner LCnn FILE 0 1z available for households over a range of income levels. The City is experiencing a shortage of rental housing. The City' s Housing Element identifies a 5% vacancy rate as necessary to permit rental mobility whereas the City' s 3 . 9% rental vacancy rate falls far below that goal . In addition, rental housing is an important source of affordable housing since down payment requirements and the high cost of new housing limit new housing as an affordable ownership housing source. Also, some households choose to rent for reasons other than affordability. Recently, the JL Construction Company requested that Strategy III .E be amended to allow developers the option of paying an in-lieu rental fee rather than providing rental units . In response to the request, the City Council initiated a General Plan Amendment. The attached Draft Ordinance requires that any new multi-family residential development involving more than ten ( 10) dwelling units, which is approved on or after the effective date of the Ordinance, would be conditioned to provide ten percent ( 10%) of the total number of dwelling units within the development as rental units for a period of five ( 5) years . The obligation to provide rental units may be satisfied by the applicant ' s payment of a flat in-lieu rental fee, which would be determined by resolution by the City Council at least every two years and would be increased annually during the years that the City Council does not determine an in-lieu rental fee by an amount equal to the rental rate increase used by the City Council in determining the current in-lieu rental fee. The amount of the in-lieu rental fee would be based on the amount necessary to subsidize the rental of a three bedroom market rate apartment for five years for a family of five earning 80% of the Alameda County median income, where no more than 30% of income is spent on rent. The three bedroom dwelling units would provide more adequately for the rental housing needs of the general population than would either one or two bedroom units . Thirty-four percent of the families on waiting lists for subsidized apartments in Dublin are waiting for three-bedroom apartments . The 80% support level, of the HUD support levels available, is the level most consistent with market rate rents . Below is an example of how the in-lieu rental fee is calculated for a rental unit: Family of Five. Alameda County Median Income of $46 , 850 . Percent Market Affordable Difference 12 Mos . The Value of Rent Rent of first year' s Median rent plus 4 Income years at 5% yearly adjust- ments for rent increases 80% $1, 100 $937 $163 $1, 956 $10, 808 -2- A family of 5 earning 80% of the median income of $46, 850 would earn $37 , 480 a year. If they spent 30% of that income on housing, they would spend $11,244 .a year, or $937 a month. If the rent for a 3-bedroom apartment is $1, 100, the difference between the rent and the family's ability to pay would be $163 a month, or $1, 956 a year. A 5% annual rental increase along with a 5% annual income increase over a 5-year period would yield an in-lieu rental fee of $10, 808 per in-lieu rental unit. The median income, market rents and rental increase rate will vary over time. The in-lieu rental fee would be paid for every rental unit not provided at the time of issuance of a building permit. The in-lieu rental fee, together with any interest earnings on such monies less reasonable administrative charges, would be used or committed to use by the City within seven years of the date of payment, for the purpose of providing rental housing in the City of Dublin 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. The Developer would guarantee compliance with Strategy III E by agreeing to a condition of approval that the rental housing be provided or an in-lieu rental fee be paid. The written agreement providing the guarantees would be subject to review and approval by the City Attorney. Dublin residents will be given first priority for rental units; Dublin employees 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 Dublin. The exterior design of the rental units would be identical to the non rental units . The units would be dispersed throughout the project and would include all unit types represented in the project in the same proportion as in the project as a whole. The following individuals would be ineligible to rent a unit under the ordinance: (a) All employees and officials of the City who have, by the authority of their position, policy making authority or influence affecting City housing programs . (b) The Applicant or Project Owner of the unit to be rented. -3- If the proposed in-lieu rental fee were spread over all the dwelling units in a project, the average fee per each dwelling unit in the project could fluctuate due to rounding. The following calculations are for a 56 dwelling unit townhouse project: 56 D.U. x 10% = 6 dwelling units to be maintained as rental units for 5 years 6 D.U. x $10, 808 in-lieu rental fee = $64 , 848 $64, 848 556 D.U. = $1, 158 per dwelling unit The Cities of Livermore and Pleasanton do not have directly comparable in-lieu rental fees . They do, however, have rental policies and programs . Livermore has a policy in its draft Housing Element to encourage multi-family housing to remain as rental units . Pleasanton has policies to encourage at least 50% of multi-family housing units to be rental apartments at buildout and to minimize displacement of tenants in rental apartments . It has a policy to deny conversion of apartment units to condominiums if the percentage of multi-family units available for rent, city-wide, is below 50% . The Planning Commission and Staff recommend that the City Council waive reading and introduce the Rental Availability ordinance. -4- ORDINANCE NO. -91 AN ORDINANCE OF THE CITY OF DUBLIN An Ordinance Adding Chapter 8 . 12 to Title 8 of the Dublin Municipal Code Enacting a Rental Availability Ordinance -------------------------------------- The City Council of the City of Dublin does ordain as follows : Section 1 . Chapter 8 . 12 is hereby added to Title 8 of the Dublin Municipal Code to read as follows : CITY OF DUBLIN RENTAL AVAILABILITY ORDINANCE CHAPTER 8 . 12 OF TITLE 8 CITY OF DUBLIN MUNICIPAL CODE Section 8 . 12 . 010 . Title. This Ordinance shall be called the "Rental Availability Ordinance of the City of Dublin. " Section 8 . 12 . 020 . Findings . A goal of the City' s adopted Housing Element is to achieve a balanced community with housing available for households over a range of income levels . The City of Dublin finds the City is experiencing a shortage of rental housing. The City' s Housing Element identifies a 5% vacancy rate as necessary to permit rental mobility whereas the City' s 3 . 9% rental vacancy rate falls far below that goal . (Housing Element, pp. 16-17 . ) In addition, rental housing is an important source of affordable housing since down payment requirements and the high cost of new housing limit new ownership housing as an affordable housing source. Also, some households choose to rent for reasons other than affordability. The City Council finds that it is a public purpose of the City and a public policy of the State of California as mandated by the requirements for a housing element of the City' s General Plan, to make available an adequate supply of rental housing for persons of all economic segments of the community. Section 8 . 12 . 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 of land remains for development of housing in the City and extended planning area. In order to assure that the remaining . 1 -ti ' developable land is utilized in a manner consistent with the City' s housing policies and needs; the City declares that 10% of the total number of units in all new multi-family projects of more than ten units shall be maintained as rental units for a period of five (5) years . The regulations set forth in this Chapter shall apply City- wide, including the extended planning areas . Section 8 . 12 . 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. (a) Applicant: Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks City permits and approvals for a project. (b) Approval : Adoption of a resolution by the Planning Commission and/or City Council approving a discretionary permit such as a Tentative Map, Planned Development or Use Permit, for a project. (c) City: The City of Dublin or its designee or any entity with which the City contracts to administer this chapter. (d) Dublin employee: Any single person, head of household, .or in the case of married couples either spouse, who has worked within the City Limits of Dublin continually for one ( 1) year immediately prior to the date of application for a rental unit. (e) Dublin resident: Any person who has lived within the City Limits of Dublin continually for one ( 1) year immediately prior to the date of application for a rental unit. Continually shall be construed to include lapses of residency of no longer than six months . ( f) Dwelling unit: A dwelling designed for occupancy by one household. (g) Household: One person living alone, or two or more persons sharing residency whose income resources are available to meet the family' s needs and who are related by blood, marriage or operation of law. (h) In-lieu rental fee: A fee paid to the City by an applicant for residential development in the City, in lieu of providing the rental units required by this Chapter. ( i) Multi-family residential development: A project which includes any multi-family dwellings . ( j ) Project: A housing development at one location including all dwelling units for which permits have been applied for or approved within a twelve-month period. (k) Project Owner: Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which holds fee title to the land on which the project is located. /hsngordd -2- ( 1) Rental unit: A rental dwelling unit as required by this Chapter. (m) Re-rental controls : Legal restrictions by which the availability of rental units will be monitored and controlled to insure that the unit remains available for rent. (n) Unit type: Dwelling units with similar floor area and number of bedrooms . Section 8 . 12 . 050 . General rental unit requirements for new multi-family residential developments of more than 10 units . (a) Any new multi-family residential development involving more than ten ( 10) dwelling units, which is approved on or after the effective date of this Ordinance, shall be conditioned to include an Agreement to provide ten percent ( 10%) of the total number of dwelling units within the development as rental units for a period of five (5) years from the 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 Ordinance subject to approval by the approving body. In applying the 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 rental unit. The rental requirement shall be imposed only once on a given development, regardless of changes in the character or ownership of the development. (b) Any development permit for new multi-family residential development projects of more than ten units, if granted, shall be subject to conditions ensuring compliance 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 . 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 the issuance of any project building permits . The Agreement shall indicate the number and construction scheduling of all rental units and any other information 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 issuance of any project building permits and shall run with the land encompassed by the project for each phase until the rental units have been occupied for a period of five years from the date of final occupancy of the last unit in each phase . (c) Dublin residents will be given first preference for rental units; Dublin employees 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. /hsngordd -3- (d) All rental units in a project and phases of a project shall be constructed concurrently with or prior to the construction of non- rental units . (e) All rental units shall be reasonably dispersed throughout the entire development; shall include all unit types represented 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 shall be compatible with the design and use of the non-rental units in terms 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 years . (g) The City Manager shall monitor the continuing availability of rental units and shall take such actions as necessary to notify the public of their availability. Section 8 . 12 . 060 . Relation of Rental Availability Ordinance to Inclusionary Housing Ordinance. The rental availability provisions of this chapter are separate from the provisions of the Inclusionary Housing Ordinance of the City of Dublin, Chapter 8 . 08 of Title 8 of the City of Dublin Municipal Code. However, rental units required under this rental availability ordinance may also be counted to determine compliance with inclusionary housing requirements so long as the rental units meet all applicable requirements of the inclusionary housing ordinance, including the time period and rent levels required. Section 8 . 12 . 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 resolution by the City Council at least every two years . The methodology for the determination of the flat in-lieu rental fee is shown in Attachment 1 of this ordinance. 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 in-lieu rental fee shall be paid at the time of issuance of a building permit for each rental unit. (d) The in-lieu rental fee shall be deposited into a fund to be known as the "Rental Availability Housing In-Lieu Rental Fees Fund" ( "Fund" ) and shall be used only for the purposes set forth herein. /hsngordd -4- (e) All monies in the Fund, together with any interest earnings on such monies less reasonable administrative charges, shall be used by the City Manager for the purpose of providing rental housing in the City of Dublin 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. ( f) The monies in the Fund shall be used or committed to use for the purposes set forth in subsection (e) above within seven ( 7 ) years of the date of payment into the Fund. Any monies remaining unexpended or uncommitted at the end of the seven year period shall be refunded to the then-current owner or may be contributed to a non-profit association or corporation for the purpose of providing rental housing in Dublin, at the option of the City Council . (g) No later than June 30 of each year, the City Manager shall prepare a report for the City Council identifying the balance of monies in the Fund and the rental housing provided and any monies 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. Section 8 . 12 . 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, policy making authority or influence affecting City housing programs . (b) The Applicant or Project Owner. Section 8 . 12 . 090 . Violations . (a) It shall be unlawful for any person, firm, corporation, partnership or other entity to violate any provision or to fail to comply with any of the requirements of this Chapter. A violation of any of the provisions or failing to comply with any of the requirements 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 prosecuted 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. /hsngordd -5- Section 8 . 12 . 100 . Enforcement. (a) The provisions of this chapter shall apply to all agents, successors and assigns of an Applicant. No building permit or occupancy permit shall be issued, nor any development approval be granted which does not meet the requirements of this chapter. (b) The City Manager is designated as the enforcing authority. (c) The City may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including but not limited to actions to revoke, deny or suspend any permit or development approval . Section 8 . 12 . 110 . Appeals . Any person aggrieved by any action involving denial, suspension or revocation of an occupancy or other permit, or denial, suspension, or revocation of any development approval, may appeal such action or determination in the manner provided in Section 1 . 04 . 050 of the Municipal Code. " Section 2 . Severability. The provisions of this ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances . Section 3 . Relation to Approved Projects . The enactment of this ordinance and Chapter 8 . 12 of the Municipal Code shall not affect the conditions of any project approved before the effective date of this ordinance, including any condition for rental of units consistent with the Housing Element in effect at the time of approval of the project, provided that the conditions of any such project may be amended upon application of the Project Owner to include the alternative of payment of an in-lieu rental fee. Section 4 . Posting and Effective Date. This ordinance shall take effect and be in force thirty ( 30) days from and after the date of its passage. This City Clerk of the City of Dublin shall cause this 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. /hsngordd -6- PASSED, APPROVED AND ADOPTED this day of , 1991, by the following vote: AYES : NOES : ABSENT: Mayor ATTEST: City Clerk /hsngordd -7- 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 rental of a three bedroom market rate apartment for five years for a family of five earning 800 of the Alameda County median income, where no more than 300 of income is spent on rent. The amount 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. Alameda County Median Income of $46 ,850. Percent Market Affordable Difference 12 Mos . 5yrs The value of Rent Rent of the Median first Income year's rent plus 4 years 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 calculated by adjusting the base of $1, 956 in this example annually for a period of four years at a compounded annual 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 comparative market rental cost must be located in the Tri-Valley area (Dublin, 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. /hsngordd -8- 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 equal to the rental rate increase used by the City Council in determining the current in-lieu rental fee. For example: - In-lieu rental fee: $10,808 - Rental rate increase: 5% - Increased in-lieu rental fee: $10, 808 x 1 . 05 = $11, 348 /hsngordd -9- RESOLUTION NO. 91 - 033 RECOMMENDING THE CITY COUNCIL APPROVE THE REZONING REQUEST CONCERNING PA 91-042 DOUGHERTY REGIONAL FIRE AUTHORITY REZONING APPLICATION RESOLUTION NO. 91 - 034 RECOMMENDING CITY COUNCIL APPROVAL OF PA 91-042 DOUGHERTY REGIONAL FIRE AUTHORITY CONDITIONAL USE PERMIT AT 7494 DONOHUE DRIVE AND 7601 AMADOR VALLEY BOULEVARD (PORTION) The Commission took a 10 minute break. SUBJECT: General Plan Amendment 91 -001 : Amendment to the Housing Element of the General Plan to allow fees to be paid in-lieu of a requirement by Housing Element Policy IIIE which requires a percentage of units in large multi-family projects (i e p_roiects with more than 10 units) be rented for a specified period of time (Citywide) [continued from the July 1 , 1991 Planning Commission meeting SUBJECT: General Plan Amendment 91 -001 : -Adoption of an ordinance to allow fees to be paid in-lieu of a requirement that a percentage of units in large multi-family projects be rented for a specified period of time (Citywide) [continued from the July 1 , 1991 Planninq Commission meeting] SUBJECT: PA 88-009 . 1 Dublin Meadows Planned Development Rezone to allow fees to be paid in-lieu of a requirement that a minimum of 10% of multi family units be maintained as rentals for a period of five years located at 7081 Dublin Meadows Street [continued from the July 1 , 1991 Planning Commission meeting Cm. Zika opened the public hearing on the three items and asked for the staff report . Mr. Carrington presented the staff report for items 8 . 7 , 8 . 8, and 8 . 9 as a group. Mr. Carrington pointed out several corrections that Pgeedid of be made on the various agenda items . ( 8 . 7 pg. 17 of 39 ; 15 ; 8 . 9 pg. 4 of 10 and pg. 10 of 10 ; 8 . 11 pg. 10 of 39 ; pg. pg. 21 of 39 ; pg . 29 of 39 ; and pg. 30 of 39 . Cm. North pointed out an error on page 7 of 15 in item 8 . 8 in that the City' s current vacancy rate was 3 . 9% rather than 1 . 8% . Cm. North questioned who had put the bond issue up for vote. Mr. Tong responded that he believed that it had been Countywide . Wo PCM-1991 -85 Regular Meeting ; [8-5min] ,. ,.�, iN, :, Cm. Zika questioned why an additional increase of 5% could not be made in the second year. Mr. Carrington presumed that the 5% would remain constant. Mr. Carrington suggested that Staff could bring back to the Commission on an annual basis . Cm. Zika responded that he would prefer to just raise 5% each year. Mr. Carrington cautioned that the City had to be careful in placing exactions on development . Figures had to be provided to establish the nexus between the 5% and the impacts of development. Mr. North questioned why the same 5% increase could not be charged in the second year based on the first year study. Mr. Carrington responded that there was no objection to a flat 5% in lieu fee, but language would need to be built into the Housing Element. He also indicated that the study could be done at more frequent intervals than every two years so that the Commission' s concerns could be addressed. Cm. Zika indicated that it was not necessary to do a survey every year, that every two years would be fine. The percentage would be determined based on the survey and just raise that percent in the intervening year. Cm. North expressed concern that there was a lot of confusing language . He wanted some clear, concise way to define the numbers . Mr. Carrington explained that this was a specific project . There had to be a means of determining the charge if the developer did not rent the required number of units, so that 100 of the 206 units in this specific project was 21 units . Cm. North asked if some units had been rented as yet . Mr. Carrington responded that yes, some of the units had been leased. Cm. North asked if the developer rented the units and then decided to pay in-lieu fees, what would happen. Cm. Zika responded that if the Commission denied the request, the developer would have to rent for a 5 year period. If the developer paid the money, the developer can do whatever he wanted to do. It would be all or nothing, the developer could not rent 10 and sell 11 . Mr. Carrington indicated that the Applicant was not present. Mr. Bob Harris, a Planning Consultant from Pleasanton, stated that the Commission had received a letter from Building Industry Association which requested that the items be continued for a matter of time . The builders wanted to go over the issues . Mr. Harris stated that he represented Mr. Marty Inderbitzen who was asking that item 8 . 11 be ----- Regular Meeting ------------------------------PCM-1991 -86 August 5, 1991 [8-5min] continued so that a building task force could be formed. He felt that the Commissioners, decisions could have an impact on future housing in the City and that e more time was questioned whether he make suggestions rentalrequirement was Housing Element. H q part of a City Ordinance. Mr. Carrington responded that it would be part of the Rental Availability Ordinance. Cm. Zika responded that if the Commission did delay the action, it would just cause having the Contractors screaming at the Commission. Mr. Harris recognized the need for affordable housing, but wanted time to suggest changes to simplify the Ordinance and try to keep the costs within bounds . Cm. North asked if Mr. Harris had a timeframe. Mr. Harris responded 60 days that it would take a minimum of 30 days to form a group. Cm. Zika asked what kind of timeframe did the City have from the State? Mr. Carrington felt it was not necessary to continue the three items . This was a request from a specific applicant who had asked for a change to the Housing Element . Mr. Carrington felt that it was a faifor straight forward change with a straight forward methodology determining the cost if the Applicant did not provide the rental housing. Bob Shubert, Consultant for the City, indicated that there was no timeframe for the 10o rental units, but there was a timeframe for the density and inclusionary issues in the adopted Housing Element. Cm. Zika responded that he felt the Commission could not fulfill the request of the Applicant unless all three items were addressed. Cm. Zika closed the public hearings . Cm. North stated that the notification had been done and that there had already been one month in order to comment on the items . Mr. Carrington indicated that BIA had been sent the agenda items . Cm. Zika felt that there was not a specific plan as to what would happen to the money collected as in-lieu fees . He felt that rental units were needed. Cm. North asked what was the purpose of 8 . 9 . Mr. Tong indicated that there had to be three affirmative votes from the Commission in order for the item to go to the City Council . ----------------------------------- Regular Meeting PCM-1991 -87 August 5, 1991 [8-5min] Cm. North expressed his concern that the Applicant did not have representation at the meeting. Cm. North questioned what would happen if the in-lieu fees were held for seven years and not used, would they have to be given back to the Applicant. Mr. Carrington responded that the monies could be used to subsidize rents that the City did have the Dublin Housing Authority. Ms . Silver indicated that the money would be either returned to the owner or it could be contributed to a non-profit organization such as the Dublin Housing Authority . The Dublin Housing Authority was a legal entity and consisted of the five City Councilmembers and two tenant Commissioners . The City contracts with the Alameda County Housing Authority to provide staffing for the public entity. Cm. North still expressed concern over no specific plan for the in-lieu fees . It was recommended that each item be voted on separately . On motion from Cm. North, seconded by Cm. Rafanelli, and with a vote of 3 - 0 (Cm. Barnes abstained) , the Commission adopted RESOLUTION NO. 91 - 039 RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR GENERAL PLAN AMENDMENT 91-001 , INCLUDING THE AMENDMENT TO THE HOUSING ELEMENT, THE RENTAL AVAILABILITY ORDINANCE, THE PLANNED DEVELOPMENT REZONING (PA 91-001 ) , THE INCLUSIONARY HOUSING ORDINANCE AND THE DENSITY BONUS ORDINANCE RESOLUTION NO. 91 - 040 RECOMMENDING CITY COUNCIL APPROVAL OF A GENERAL, PLAN AMENDMENT TO REVISE THE HOUSING ELEMENT OF THE DUBLIN GENERAL PLAN On motion from Cm. North, seconded by Cm. Rafanelli , and with a vote of 3 - 0 (Cm. Barnes abstained) , the Commission adopted RESOLUTION NO. 91 - 041 RECOMMENDING CITY COUNCIL APPROVAL OF A RENTAL AVAILABILITY ORDINANCE ------------------------------------------------------ Regular Meeting PCM-1991 -88 August 5 , 1991 [8-5min] RESOLUTION NO. 91 - 042 RECOMMENDING CITY COUNCIL APPROVAL OF THE IN-LIEU RENTAL FEE of On motion from Cm. North, secondthebCommission erecommended tagain tethe 0 - 3 (Cm. Barnes abstained) , adoption of RESOLUTION NO. 91 - 043 RECOMMENDING CITY COUNCIL APPROVAL OF A PLANNED DEVELOPMENT REZONING PA 91-001 TO AMEND CONDITION ##54 OF CITY COUNCIL RESOLUTION NO 32-89 (PA 88-009) TO ALLOW THE OPTION OF PAYING AN IN-LIEU RENTAL FEE RATHER THAN PROVIDING RENTAL UNITS FOR HERITAGE COMMONS - J. L. CONSTRUCTION SUBJECT: General Plan Amendment 91 -001 : Adoption of an ordinance permitting a density bonus program as permitted by Sections 65913 . 4 65913 . 4 65915 and 65917 of the Government Code (Citywide) [continued from the July 1 , 1991 Planning Commission meeting] Cm. Zika opened the public hearing and asked for the staff report. Mr. Carrington presented the staff report. Cm. North questioned the definitions on pg. 7 of 17 (First Time Home Buyer: A person who has not held an ownership interest in a residence within the past three years . ) ; pg. 8 of 17 ( "Senior Citizen: A person at least 62 years of age , and pg. 12 of 17 ( "All purchasers of restricted units shall be 'senior, citizens or first time home buyers . " Cm. North was concerned if a person lost their spouse and was forced to sell, they would not be able to qualify as a first time buyer by this definition. He also stated that the City defines a "Senior" as 55 years of age . Mr. Carrington responded that the State determined 62 years of age as a "Senior." Cm. North wanted the "First Time Home Buyer" thrown out because he felt it made it too restrictive . He questioned why it should be restricted to low income . ------------------------------PCM-1991 -89 Regular Meeting August 5, 1991 [8-5min] RESOLUTION NO. 91 - 041 A RE�,jLUTION OF THE PLANNING COi___SSION OF THE CITY OF DUBLIN ------------------------------------------- ------ RECOMMENDING CITY COUNCIL APPROVAL OF A RENTAL AVAILABILITY ORDINANCE WHEREAS, pursuant to the General Plan Amendment requested by JL Construction and initiated by the City Council to revise Strategy III .E of the Housing Element, the City of Dublin has prepared a Rental Availability Ordinance; and WHEREAS, notice of the Planning Commission public hearing was published in the local newspaper and posted in the City Clerk's Office and in other public buildings in accordance with California State Law; and WHEREAS, the Rental Availability Ordinance has been reviewed in accordance with the provision of the California Environmental Quality Act; and WHEREAS, an 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 an in-lieu rental fee pursuant to that ordinance; and WHEREAS, the programs proposed in the Rental Availability Ordinance do not raise any new significant environmental issues which were not addressed in the Dublin General Plan Environmental Impact Report; and 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 public hearing; and WHEREAS, on August 5, 1991 , the Planning Commission adopted Resolution No. 91-039 recommending City Council certification of the Negative Declaration as adequate and complete; and WHEREAS, the Planning Commission considered all written and oral testimony submitted at the public hearing. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the city Council approve the draft Rental Availability Ordinance. PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. AYES: Commissioners North, Rafanelli and Zika NOES: Nones ABSENT: Commissioner Burnham ABSTAINED:Commissioner Barnes Planning Commission chairperson ATTEST: d&W- Planning Director /hsngred f . RESOLUTION NO. 91 - 042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ----------------------------------------------------------------- RECOMMENDING CITY COUNCIL APPROVAL OF IN-LIEU RENTAL FEES WHEREAS, the City of Dublin has prepared a Rental Availability Ordinance in order to implement Dublin Housing Element Strategy III .E. ; and WHEREAS, notice of the Planning Commission public hearing was published in the local newspaper and posted in public buildings in accordance with California State Law; and WHEREAS, the Rental Availability Ordinance has been reviewed in accordance with the provisions of the California Environmental Quality Act; WHEREAS, an 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 program proposed in the Rental Availability Ordinance, including in-lieu rental fees, does not raise any new significant environmental issues which were not addressed in the Dublin General Plan Environmental Impact Report; and WHEREAS, Section 8.12.070 (f) of the proposed Rental Availability Ordinance states that the City Council shall establish the in-lieu rental fees by resolution; and WHEREAS, the methodology for determining the amount of the in-lieu rental fees is set forth in Attachment 1 of the Rental Availability Ordinance; and 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 public hearing; and WHEREAS, notice of the preparation of the Negative Declaration was published in the local newspaper and posted in public buildings to provide for a 21 day public review period in accordance with the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, on August 5, 1991, the Planning Commission adopted Resolution No. 91-039 recommending City Council certification of the Negative Declaration for GPA 91-001 as adequate and complete; and WHEREAS, the Planning Commission considered all written and oral testimony submitted at the public hearing. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the in-lieu rental fees of $10,808 for every rental unit which is not provided. PASSED, APPROVED AND ADOPTED this 5th day of August, 1991. AYES: Commissioners North, Rafanelli and Zika NOES: None ABSENT: Commissioner Burnham ABSTAINED:Commissioner Barnes Planning Commission Chairperson ATTE T• pp'' 4i .�-Pla Dire t r /RAOINLIE