HomeMy WebLinkAboutOrd 08-15 Amend Muni Code Public Facility Fee ORDINANCE NO. 8 — 15
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING CHAPTER 7.78 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE PUBLIC
FACILITIES FEE, AND AMENDING CHAPTER 9.28 OF THE DUBLIN MUNICIPAL CODE
RELATING TO THE DEDICATION OF LANDS FOR PARK AND RECREATION PURPOSES
WHEREAS, in order to implement the goals and objectives of the City of Dublin's ("City") general
plan, the City's various Specific Plans, including but not limited to the Eastern Dublin Specific Plan,
Downtown Dublin Specific Plan, Dublin Crossing Specific Plan, etc., and the Parks and Recreation
Master Plan, and to mitigate the impacts caused by future development in the City, certain public
facilities must be constructed; and
WHEREAS, The City Council has determined that a public facilities fee is needed in order to
finance these public facilities and to pay for each development's fair share of the construction and
acquisition costs of these improvements; and
WHEREAS, a public facilities fee ("fee") has been established to pay for said municipally owned
public facilities.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Sectionl. Section 7.78.010 of the Dublin Municipal Code is hereby amended to read as
follows:
In order to implement the goals and objectives of the city of Dublin's ("city") general plan, the various
specific plans, including but not limited to the Downtown Dublin Specific Plan, Dublin Crossing
Specific Plan, Dublin Village Historic Area Specific Plan, Eastern Dublin Specific Plan, and the Parks
and Recreation Master Plan, and to mitigate the impacts caused by future development in the city,
certain public facilities must be constructed. The City Council has determined that a public facilities
fee is needed in order to finance these public facilities and to pay for each development's fair share of
the construction and acquisition costs of these improvements. In establishing the fee described in the
following sections, the City Council has found the fee to be consistent with its general plan and the
city's various specific plans, and pursuant to Government Code Section 65913.2, has considered the
effects of the fee with respect to the city's housing needs as established in the housing element of the
general plan.
Section 2. Section 9.28.040 of the Dublin Municipal Code is hereby amended to read as
follows:
It is found and determined that the public interest, convenience, health, safety and welfare require
that five (5) acres of property for each one thousand (1,000) persons residing within the city be
devoted to local park and recreational purposes. The amount of land to be dedicated, or fees to be
paid, shall bear a reasonable relationship to the use of the park and recreation facilities by the future
inhabitants of the subdivision. The amount of land to be dedicated shall be the amount calculated
from the following formula:
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LAND = A x B
A. "A" means the park and recreation area required per dwelling unit, based on the type of dwelling
units of the proposed subdivision and the park area per one thousand (1,000) people of the city.
1. The park area of the city is determined to be 5.0 acres per one thousand (1,000) people,
or .005 acres per person, which is further broken down to 3.0 acres per one thousand
(1,000) people for active community parks, 0.3 acres per one thousand people for
natural community parks, and 1.7 acres per one thousand (1,000) people for
neighborhood parks.
2. The park and recreation area required per dwelling unit, A, is established as follows:
a. Each dwelling unit is assigned 27 people.
Therefore:
A = 2.7 x .0030 = .0081 acres per unit (for community parks)
A = 2.7 x .0003 = .0008 acres per unit (for natural community parks)
A = 2.7 x .0017 = .0046 acres per unit (for neighborhood parks)
A (Total) = .0135 acres per unit
B. "B" means the number of dwelling units in the proposed subdivision. For the purpose of this
section, the number of dwelling units in the proposed subdivision shall be determined as follows: In
areas zoned for one (1) dwelling unit per lot or parcel, the number of dwelling units shall equal the
number of parcels indicated on the final map. When the subdivision is located in an area zoned for
multiple dwelling units per parcel, the number of dwelling units shall equal the maximum number of
dwelling units allowed under that zone. For residential condominium projects, the number of dwelling
units shall equal the number of condominium units indicated on the final map. For planned
development projects, the number of dwelling units shall equal the number of dwelling units indicated
on the approved planned development plan.
Section 3. Section 9.28.050 of the Dublin Municipal Code is hereby amended to read as
follows:
A. Where fees are required by the city to be paid in lieu of land dedication, such fees shall be equal
to the fee for "community parks land", "natural community parks land", and "neighborhood parks land"
of the city's public facilities fee.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be
invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability
of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
this Ordinance, or its application to any other person or circumstance. The City Council of the City of
Dublin hereby declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
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Section 5. Effective Date. This Ordinance shall take effect and be enforced on October 15,
2015.
Section 6. Posting. 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, APPROVED AND ADOPTED this 1st day of September, 2015, by the following vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert
NOES: None
ABSENT: None
ABSTAIN: None
E
II� I• A - A
Mayor
ATTEST:
City Clerk
Ord No. 8-15, Adopted 9-1-15, Item 4.7 Page 3 of 3