HomeMy WebLinkAbout6.5 Density Bonus Ordinance r
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 9, 1991
SUBJECT: Public Hearing: Density Bonus Ordinance
REPORT PREPARED BY: Dennis Carrington, Senior Planner
Robert Schubert, Contract Planner
EXHIBITS ATTACHED: Exhibit A: Draft Density Bonus
Ordinance
Attachment 1 : Minutes of Planning
Commission meeting of August 5, 1991
Attachment 2 : Planning Commission
Resolution No. 91-044
RECOMMENDATION: ) Open public hearing
W) 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
Density Bonus Ordinance
FINANCIAL STATEMENT: Costs associated with the Density Bonus
Ordinance would involve Staff time to process applications for
developments for which a density bonus is requested. These costs
will be borne by the Applicant.
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 Density Bonus Ordinance.
Section 65915 of the Government Code requires that every
jurisdiction establish procedures for carrying out density bonus
programs which provide low income housing. In addition, Section
6 . 3, Strategy I .A of the Housing Element states that the City
will adopt an Ordinance allowing density bonuses in excess of
those called for by State law.
The purpose of the attached ordinance is to meet the
requirements of Government Code Section 65915 and to enhance the
feasibility of constructing housing for very low and low income
households by allowing a density bonus above that which is
normally permitted on the site in exchange for the provision of
affordable housing units . In effect, a density bonus allows the
City to create greater land value in a project which can then be
used to subsidize affordable housing in the form of units
restricted by household type. Another benefit is that the
restricted units incorporate lower income households into
substantially market rate housing projects .
Consistent with Strategy I .A of the Housing Element, the
Ordinance would allow a 30% density bonus (compared to 25%
allowed by State law) . Attachment 1 of the Ordinance contains an
example showing how a density bonus would be calculated, the
number of additional units authorized ( "density bonus units" )
and the number of units restricted by household type. In order
to qualify for this bonus a housing project must consist of five
or more dwelling units and meet one or more of the following
criteria:
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COPIES TO: Agenda/General File AV ITEM NO. it* Density Bonus File
/DBOC29-5 Project Planner
CITY CLERK
LFILE ❑ O O
1 . At least twenty (20) percent of the total units are
designated for lower-income households; or
2 . At least ten ( 10) percent of the total units are
designated for very low-income households; or
3 . At least fifty (50) percent of the total units are
designated for senior citizens .
Despite the presence of the State law, successful density
bonus programs have depended on local modification which provided
more incentives . In combination with other land use concessions,
a density bonus can provide a valuable tool for creating
affordable housing. The Ordinance would allow the following
additional incentives to developers of restricted units :
- waiver of certain City fees applicable to the restricted
units, or
- priority processing of the project, or
- reduction of interior amenities for the restricted units .
Additionally, as required by Section 65915(d) of the
Government Code, the ordinance provides for staff consideration
of waiving or modifying development and zoning standards which
would otherwise inhibit the utilization of the density bonus on
specific sites . These development and zoning standards shall
include but not be limited to, such items as minimum lot size,
side yard setbacks, and placement of Public Works improvements .
The housing developer must show that the waiver or modification
is necessary to make the restricted units economically feasible.
The restricted units must remain reserved for the targeted
senior or income group for 30 years if both a density bonus and
an additional incentive is granted, 10 years if only the density
bonus is granted. The owners of the restricted units must record
an agreement which specifies the owners ' obligation to maintain
the units as affordable, as well as monitoring procedures and
other information for determining compliance with this ordinance.
Dublin residents will have first preference for restricted
units; second preference will be given to persons employed within
the City Limits of Dublin; third preference will be given to
those who need to move to Dublin to be near Dublin residents and
services; and fourth preference will be given to those who live
outside of Dublin.
The Ordinance would allow the City to contract with the
Dublin Housing Authority, the Alameda County Housing Authority or
other similar entity to administer the rental and sales
requirements . The owner of each project would be responsible for
obtaining and verifying information with respect to the
qualifications of prospective and current tenants .
In order to maintain the availability of the restricted
units, the City would impose resale conditions (refer to
Attachment 2 of the Ordinance for a sample calculation) . The
price received by the seller of a restricted unit would be
limited to the purchase price plus an increase based on the San
Francisco/Oakland/San Jose Consumer Price Index for a family of
four (as published monthly by the U. S. Department of Labor) ; or,
an amount consistent with the increase in the Alameda County
median income, as adjusted for household size, since the date of
the property owner' s purchase; or, the fair market value,
whichever is less .
The following individuals would be ineligible to purchase or
rent a restricted unit as their residence:
(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 restricted unit
to be purchased or rented.
ORDINANCE NO. - 91
AN ORDINANCE OF THE CITY OF DUBLIN
An Ordinance Adding Chapter 8 . 16 to Title 8
of the Dublin Municipal Code, Enacting a Density Bonus Ordinance
----------------------------------
The City Council of the City of Dublin does ordain as follows :
Section 1 . Chapter 8 . 16 is hereby added to Title 8 of the
Dublin Municipal Code to read as follows :
"CITY OF DUBLIN DENSITY BONUS ORDINANCE
CHAPTER 8 . 16 OF TITLE 8
CITY OF DUBLIN MUNICIPAL CODE
Article 1
General Provisions
Section 8 . 16 . 010 . Title. This Ordinance shall be called
the "Density Bonus Ordinance of the City of Dublin" .
Section 8 . 16 . 020 . Purpose. This Ordinance is intended to
establish policies which facilitate the development of senior
housing, and of affordable housing to serve a variety of economic
needs within the City. In order to encourage the provision for
lower and very low income housing, and senior citizen housing,
the City shall provide applicants who agree to meet the
requirements established by this chapter, a density bonus and
additional incentives if it is found necessary for affordability,
or, the City shall provide other incentives of equivalent
financial value. The regulations set forth in the chapter shall
apply City-wide, including the extended planning area.
Section 8 . 16 . 030 . Definitions . For the purposes of this
Ordinance, 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) Affordable Unit: A unit for which the rent or mortgage
payment does not exceed, for lower income households, 30% of 60%
of the Alameda County median income adjusted for household size,
or for very low income households, 30% of 50% of the Alameda
County median income median adjusted for household size.
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(b) Amenities : Interior amenities including, but not
limited to, fireplaces, garbage disposals, dishwashers, cabinets
and storage space and bathrooms in excess of one.
(c) 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.
(d) 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.
(e) City: The City of Dublin or its designee or any entity
with which the City contracts to administer this chapter.
( f) Density Bonus : An increase in the number of dwelling
units authorized for a particular parcel of land beyond the
otherwise maximum allowable residential density under the Zoning
Ordinance and the Land Use Element of the General Plan as of the
date of application for a project.
(g) Density Bonus Unit: A dwelling unit authorized as a
result of the density bonus for a project.
(h) 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 restricted
unit.
(i) 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 restricted unit.
Continually shall be construed to include lapses of residency of
no longer than six months .
( j ) First Time Home Buyer: A person who has not held an
ownership interest in a residence within the past three years .
(k) Household: One person living alone or two or more
persons sharing residency whose income is available to meet the
family' s needs and who are related by blood, marriage or
operation of law.
( 1) Incentive: A benefit offered by the City to facilitate
construction of housing projects which include restricted units .
Among others, benefits may include fee waivers, priority
processing or reduction of interior amenities for restricted
units .
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(m) Lower Income Households : A household whose gross
income is as established by Health and Safety Code Section
50079 . 5 as amended from time to time.
(n) 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.
(o) Property Owner: The owner of a restricted unit
excepting a "Project Owner" .
(p) 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.
(q) Resale Controls : A resale restriction placed on
restricted units by which the price of such units and/or the age
or income of the purchaser will be restricted in order to ensure
the affordability and occupancy by lower or very low income
households or senior citizens .
(r) Restricted Unit: A unit to be sold or rented to senior
citizens, or, at a price affordable to lower and very low income
households .
(s) Senior Citizen: A person at least 62 years of age.
(t) Unit Type: Dwelling units with similar floor area and
number of bedrooms .
(u) Very Low Income Household: A household whose gross
income is as established by Health and Safety Code Section 50105
as amended from time to time.
Section 8 . 16 . 040 . Applicability.
(a) In order to qualify for a density bonus, a project must
consist of five or more dwelling units and meet one or more of
the following criteria:
1 . 20% of the total units are designated for lower
income households, or
2 . 10% of the total units are designated for very low
income households, or
3 . 50% of the total units are designated for senior
citizens .
(b) Projects which meet the requirements set forth in this
chapter shall qualify for a density bonus and at least one other
concession or incentive unless the City adopts a written finding
that the additional concession or incentive is not required in
order to provide affordable housing costs as defined in Section
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50052 . 5 of the Health and Safety Code, or the City shall provide
other incentives of equivalent financial value based on the land
cost per dwelling unit.
Section 8 . 16 . 050 . Concessions and Incentives . For the
purposes of this chapter, concession or incentive means any of
the following:
(a) A reduction in site development standards or a
modification of zoning code requirements or architectural design
requirements which exceed the minimum building standards approved
by the State Building Standards Commission as provided in Part
2 . 5 (commencing with Section 18901) of Division 13 of the Health
and Safety Code, including, but not limited to, a reduction in
setback and square footage requirements and in the ratio of
vehicular parking spaces that would otherwise be required.
(b) Approval of mixed use zoning in conjunction with the
housing project if commercial, office, industrial, or other land
uses will reduce the cost of the housing development and if the
commercial, office, industrial, or other land uses are compatible
with the housing project and the existing or planned development
in the area where the proposed housing project will be located.
(c) Other regulatory incentives or concessions proposed by
the developer or the city which result in identifiable cost
reductions may include but are not limited to:
( 1) Certain City fees applicable to the restricted
units in a project may be waived. Fees to be waived may be
established by resolution of the City Council on a project
by project basis, which may be amended from time to time.
( 2 ) A project which provides restricted units may be
entitled to priority processing. Upon certifying that the
application is complete and eligible for priority
processing, a project would be immediately assigned to
planning staff . The project would be processed by City
staff in advance of all non-priority items . The project
will then be reviewed for environmental impacts; and, upon
completion of the environmental review process, the project
would be noticed and scheduled for the next available
meeting of the Planning Commission and/or City Council
thereafter. When more than one project qualifying for
priority processing is applied for at the same time, first
priority will be given to the project whose application was
determined to be complete earlier.
( 3) The City may approve a reduction of interior
amenities for restricted units as necessary to retain
project affordability. All construction shall be according
to the applicable code.
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Section 8 . 16 . 060 . Waiver or Modification of Development and
Zoning Standards .
(a) An Applicant may request a modification of the
following development and zoning standards where such waiver or
modification is necessary to make the provision of restricted
units economically feasible.
reduce site development standards, e.g. street widths
or paving, curbs/gutters, placement of public works
improvements, landscaping;
- modify zoning code requirements, e.g. open space,
minimum lot size, setbacks, parking standards; and
reduce or eliminate any design requirements exceeding
state building code standards, e.g. restrictions on roofing
materials provided that all construction is pursuant to the
applicable code.
(b) The request shall be accompanied by information
sufficient to show the City the waiver or modification is
necessary to make the restricted units economically feasible.
Section 8 . 16 . 070 . General Requirements .
(a) Restricted units must remain affordable or restricted
to senior citizens for 30 years from the date of final occupancy
clearance if both a density bonus and additional incentive are
granted. If only a density bonus is granted, the restricted
units shall remain affordable or restricted to senior citizens
for 10 years . Affordability of restricted units shall be
maintained longer if financing or subsidy programs for the
project designate a longer preservation period.
(b) Dublin residents will have first preference for
restricted units; second preference will be given to Dublin
employees; third preference shall be given to those who need to
move to Dublin to be near Dublin residents or services; and
fourth preference shall be given to those who live outside
Dublin.
(c) Requirements for restricted units shall be established
as conditions of project approval . Evidence of compliance with
the conditions of this ordinance shall be in the form of an
Affordable Housing Agreement between the applicant and the City
Manager completed prior to issuance of any project building
permits . The agreement shall indicate the household type,
number, location, size and construction scheduling of all
restricted units and any other information required by the City
to determine the Applicant ' s compliance with the conditions . The
agreement shall be recorded as a deed restriction prior to
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issuance of any project building permits and shall run with the
land encompassed by the project for a period of 10 or 30 years,
or longer, as provided in Subsection a.
(d) Restricted units in a project and phases of a project
shall be constructed concurrently with or prior to the
construction of non-restricted units .
(e) Restricted units shall be provided as follows :
1 . Such units shall be dispersed throughout the
project.
2 . Such units shall include all unit types
represented in the project and said unit types
shall be provided in the same proportion as in the
project as a whole.
( f) The applicant shall submit a project financial report
(pro forma) along with the application for the project to allow
the City to evaluate the financial need for the additional
incentives . The City may retain a consultant to review the
financial report. The cost of the consultant shall be borne by
the applicant with the following exception: If the applicant is
a non profit organization, the cost of the consultant may be paid
by the City upon prior approval of the City Council .
(g) The City may contract with the Dublin Housing
Authority, Alameda County Housing Authority or other similar
entity to administer the rental and sales provisions of this
chapter.
(h) The City Council, by resolution, may establish the
amount of fees to be charged to applicants and/or project owners
for administration of this chapter.
Section 8 . 16 . 080 . Requirements for Rental Housing Projects .
(a) All restricted units shall be occupied by the household
type specified in the agreement required under Section
8 . 16 . 060 (C) .
(b) Those units targeted for lower-income households shall
be affordable at a rent that does not exceed 30 percent of 60
percent of the Alameda County median income adjusted for
household size, or as modified by State law.
(c) Those units targeted for very low-income households
shall be affordable at a rent that does not exceed 30 percent of
50 percent of the Alameda County median income adjusted for
household size, or as modified by State law.
(d) The Project Owner shall be responsible for obtaining
and verifying information with respect to the qualifications of
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prospective and current tenants, including, but not limited to,
information relating to applications, income and eligibility in a
form satisfactory to the City. The project owner shall maintain
a list of qualified applicants for the duration of the program
and shall allow the City Manager to inspect such information upon
reasonable notice.
(e) Income limits shall be adjusted at periodic intervals
as new tables are published by HUD.
( f) When the eligibility of the tenants has been assured to
the satisfaction of the City, the City Manager shall prepare a
certification indicating that the applicant or project owner has
complied with the requirements of this section.
Section 8 . 16 . 090 . Requirements for Owner-Occupied Housing.
(a) All purchasers of restricted units shall be senior
citizens or first time home buyers .
(b) Purchasers shall be required to occupy the unit unless
evidence is presented to the City that the owner is unable to
continuously occupy the unit due to illness or incapacity. In
such cases, the City may approve rental of the unit to the same
household type as the owner.
(c) The owner of a restricted unit, on its sale or resale,
shall sell the unit to a household in the same category. Lower
income households may only sell the unit to a household which
meets the income limits for a lower income household. Very low
income households may only sell the unit to a household which
meets the income limits for a very low income household. Senior
households may only sell the unit to another senior household.
The sales price shall not be in excess of the maximum sales price
set by the City Manager.
(d) Prior to offering a restricted unit for sale, the owner
shall send a written Notice of Intent to Sell to the City
Manager. The City Manager will then notify the owner of the
current maximum sales price. Prior to the close of the sale, the
owner shall notify the City Manager of the proposed sales price,
who shall review the application to assure conformance with this
chapter.
(e) Closing costs and title insurance shall be paid
pursuant to the custom and practice in Dublin at the time of
opening of escrow. No charges or fees shall be imposed by the
seller on the purchaser of a restricted unit which are in
addition to or more than charges imposed upon purchasers of
market rate units, except for administrative fees charged by the
City.
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( f) The purchaser of a restricted unit shall verify on a
form acceptable to the City that the unit is being purchased for
the purchaser' s principal residence, or that if this unit ceases
to function as his or her principal residence, it will either be
sold according to the requirements of Section 8 . 16 . 080 or rented
to an eligible household according to the requirements of Section
8 . 16 . 070 .
Section 8 . 16 . 100 . Control of resale. In order to maintain
the availability of restricted units which may be constructed
pursuant to the requirements of this Chapter, the City shall
impose the following resale conditions on approval of any project
for which restricted units are required under this Chapter:
(a) The price received by the seller of a restricted
Affordable Unit shall be limited to the purchase price plus a
percentage increase based on the percentage increase in the San
Francisco/Oakland/San Jose Consumer Price Index as published
monthly by the U.S . Department of Labor; or the purchase price
originally paid by the seller plus a percentage increase for a
family of four consistent with the increase in the median income
for Alameda County, as adjusted for household size, since the
date of purchase; or the fair market value; whichever is less, as
determined by the City Manager (refer to Attachment 2 for a
sample calculation) .
(b) The City Manager shall be responsible for monitoring
the resale of restricted units .
(c) The following transfers of title or any interest
therein are not subject to the provisions of this section:
transfers by gift, devise or inheritance to the purchaser-owner' s
spouse or off-spring; transfers of title to a spouse as part of a
divorce or dissolution proceeding; acquisition of title or
interest therein in conjunction with marriage; provided, however,
that the Declaration of Covenants, Conditions and Restrictions
required by Section 8 . 16 . 060 .0 shall continue to run with the
land following such transfers .
Section 8 . 16 . 110 . Application Procedure.
(a) An applicant may submit to the Planning Department a
preliminary proposal for the development of housing pursuant to
this chapter prior to the submittal of any formal project
application. The City shall, within 90 days of receipt of a
preliminary proposal, provide the applicant in writing, comments
and preliminary evaluation of the project. The preliminary
proposal is not an application for purposes of the Permit
Streamlining Act deadlines, and any comments or preliminary
evaluations do not bind future City actions .
(b) Formal application shall be according to the review
process stated in the City of Dublin Municipal Code or Zoning
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Ordinance ( for the particular application being filed) and shall
provide the following additional information:
1 . A written statement specifying the desired density
increase, incentive requested and the number, type,
location, size and construction scheduling of all dwelling
units .
2 . A project financial report (pro forma) , if
required pursuant to Section 8 . 16 . 060 .F.
3 . Any other information requested by the Planning
Director to implement this Chapter.
Section 8 . 16 . 120 . Conflict of Interest. Following are
those persons who, by virtue of their position or relationship,
are found to be ineligible to purchase or rent a restricted unit
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 . 16 . 130 . 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.
Section 8 . 16 . 140 . 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. The City Manager may suspend or revoke any building
permit or approval upon finding a violation of any provision of
this chapter.
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(b) The City Manager is designated to be the enforcing
authority.
(c) In the event it is determined that rents in excess of
those allowed by operation of this Chapter have been charged to a
tenant residing in a restricted rental unit, the City may take
the appropriate legal action to recover, and the project owner
shall be obligated to pay to the tenant or to the City in the
event the tenant cannot be located, any excess rents charged.
Section 8 . 16 . 150 . Appeals . Any person aggrieved by any
action or determination of the City Manager under this ordinance
may appeal such action or determination to the City Council 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 . 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 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.
PASSED AND ADOPTED by the City Council of the City of Dublin
on this day of 1991 .
AYES:
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
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ATTACHMENT 1
City of Dublin Density Bonus Calculation
(Example for Illustrative Purposes Only)
Land Use Designation
and Zoning Residential : Multifamily
Permitted Density: 18 du/ac
Property Size: 4 acres
Maximum Units at
Permitted Density 72 units
Units Affordable to
Target Households (20% for
lower-income HH' s) ( 72 x
. 20 = 14 .4 ) ; round up 15 units
(restricted units)
Density Bonus Units (at
30%) ( 72 x . 3 = 21 . 6 ) ;
round up 22 units
Total Project Units with
30% Density Bonus : 72 base units
+ 22 density bonus units
94 total units
(79 units at market rate, 15 restricted
units with restricted rents/sales
prices)
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ATTACHMENT 2
City of Dublin Resale Price Calculation
for Density Bonus Units
(Example for Illustrative Purposes Only)
I . The example assumes :
A. Original Sales Price of Density Bonus Unit = $175,000
B. Period Owned = 5 years
C. Percentage increase in the Bay Area Consumer Price Index
over five year period = 15%
D. Percentage increase in the Alameda County Median Income over
five year period = 6%
E. Fair Market Value of the unit = $200,000
II . Purchase Price plus a Percentage Increase based upon the
Percentage Increase in the San Francisco/Oakland/San Jose
Consumer Price Index = $175, 000 x . 15 = $26 ,250 + $175, 000 =
$201,250
III . Purchase Price plus a Percentage Increase consistent with the
Percentage Increase in the Median Income for a family of four for
Alameda County, as adjusted for household size = $175, 000 x . 06 =
$10,500 + $175,000 = $185,500
IV. Fair Market Value = $200, 000
V. Allowable Sales Price (whichever amount is less) _ $185, 500
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RESOLUTION NO. 91 - 042
RECOMMENDING CITY COUNCIL APPROVAL OF
THE IN-LIEU RENTAL FEE
On motion from Cm. North, secondthebC Rfanelli, and
ded tagainstethe
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 OF PAYING AN O N-L O U No
RENT� FEE A 88-009)
TO ALLOW THE OPTION
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 Planninq
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 Time Home
He qu st Boned uyer" ritnshouldbecause
it made it too restrictive . restricted
to low income .
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------------in--------------- PCM-1991 -89
Regular Meeting
[8-5min] �,?
Mr. Carrington responded that the City was trying to keepsome e with
several income properties from participating in the program. The
program was designed to help those who really needed it.
Cm. Zika questioned how income was defined by gross .
Cm. Zika closed the public hearing.
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 - 044
RECOMMENDING CITY COUNCIL APPROVAL OF A DENSITY BONUS ORDINANCE
SUBJECT: General Plan Amendment 91 -001 : Adoption of an ordinance
allowing an INCLUSIONARY housing policy as permitted by
Program IB of the Housing Element . The ordinance allows for
the payment of a fee in-lieu of providing inclusionary housing
Citywide) [continued from the July 1 ,
1991 Planning
Commission meetingl
Cm. Zika opened the public hearing and asked for the staff report.
Mr. Carrington presented the staff report.
Cm. North expressed concern for input from deve opersn' s letter inferred that
the City had not ask
Mr. Carrington responded that two economic consultants, Jim Musbach and
Tony Hurt were contacted o o thei eeresponses set upf reports were sent
to BIA for comment, but
Cm. North stated that he felt that input had been requested by the City .
Mr. Carrington stated that Pleasanton has a growth management policy,
but Dublin does not have growth management policy so there would be no
way of coming up with a comparable number for Dublin.
Mr. Harris stated that it was a complex ordinance . He felt that by
becoming landlords to reduce in-lieu fees upsets the market further. If
developer was building units under size restrictions, the builder would
rather pay fee than build subsidized unit or would build wrong size
unit. He felt that builders needed to get involved. There are
ctual
developers, but the City needed to talk to builders who put d Pin g the
units . He felt the Commission had done the right thing by
fee .
Cm. Zika stated that developers needed to sell land to put up affordable
housing.
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---------------------------- -
------------August 5, 1991
Regular Meeting PCM-1991-90 9
[8-5min]
RESOLUTION NO. 91-044
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
---------------------------------------------------
RECOMMENDING CITY COUNCIL APPROVAL OF A DENSITY BONUS ORDINANCE
WHEREAS, pursuant to Government Code Section 65915 and the City
of Dublin Housing Element, Strategy I .A. , the City of Dublin has
prepared a Density Bonus Ordinance; 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 Density Bonus 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 91-01, including the Density Bonus Ordinance; and
WHEREAS, the programs proposed in the Density Bonus Ordinance do
not raise any new significant environmental issues which were not
addressed in the Dublin General Plan Environmental Impact Report; and
WHEREAS, on August 5, 1991, the Planning Commission adopted
Resolution No. 91-039 recommending City Council adoption 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 Density Bonus Ordinance.
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
ATTEST:
d,
Planning Directo
/hsngreb