HomeMy WebLinkAbout4.9 - 1561 2nd Read - Chapter 9.28
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STAFF REPORT
CITY COUNCIL
DATE: September 5, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Second Reading of an Ordinance to Amend Chapter 9.28 (Dedication of
Lands for Park and Recreation Purposes) of the Dublin Municipal Code
Prepared by: Hazel L. Wetherford, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will hold a second reading of an Ordinance to amend Chapter 9.28
(Dedication of Lands for Park and Recreation Purposes) of the Dublin Municipal Code.
STAFF RECOMMENDATION:
Waive the reading and adopt the Ordinance Amending Chapter 9.28 of the Dublin
Municipal Code relating to the Dedication of Lands for Park and Recreation Purposes.
FINANCIAL IMPACT:
N/A
DESCRIPTION:
On August 15, 2017, the City Council waived the reading and introduced an amended
ordinance amending Dublin Municipal Code Chapter 9.28 (Dedication of Lands for Park
and Recreation Purposes). The amended ordinance updates the formulas used to
calculate land dedication acreage, using the population density for each land use type
determined in the Public Facilities Fee program update as follows:
Each Single-Family dwelling unit is assigned three and eight-hundredths (3.08)
people.
Each Other Multi Family dwelling unit is assigned one and eighty-eight
hundredths (1.88) people.
Each Senior Housing dwelling unit is assigned one and twelve hundredths (1.12)
people.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Ordinance of the City of Dublin Amending Chapter 9.28 (Dedication of Lands for Park
and Recreation Purposes)
ORDINANCE NO. XX-17
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
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:
Section 1. Section 9.28.040 of the Dublin Municipal Code is hereby amended to
read as follows (with additions in italics and deletions in strikethrough):
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:
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 five (5.0) acres p er one thousand
(1,000) people, or five-one-thousandths (0.005) acre per person, which is further
broken down to three (3.0) acres per one thousand (1,000) people for active
community parks, three-tenths (0.3) acre per one thousand (1,000) people for
natural community parks, and one and seven-tenths (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 two and seven-tenths (2.7) people.
Therefore:
A = 2.7 x .0030 = .0081 acres per unit (for active community parks)
A = 2.7 x .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
2. The park and recreation area required per dwelling unit, A, is established as
follows:
a. Each Single-Family dwelling unit is assigned three and eight-
hundredths (3.08) people.
b. Each Other Multi Family dwelling unit is assigned one and eighty-eight
hundredths (1.88) people.
c. Each Senior Housing dwelling unit is assigned one and twelve
hundredths (1.12) people.
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: For single-family and townhome subdivisions, In areas zoned for
one (1) dwelling unit per lot or parcel, the number of dwelling units shall equal the
number of lots or parcels created for residential use as indicated on the final map or
parcel map. When the subdivision is for other multi-family or senior housing, is located in
an area zoned for multiple dwelling units per parcel, the number of dwelling units shall
equal the maximum number of residential units allowed within the proposed subdivision
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 or parcel 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 2. 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.
Section 3. Effective Date. This Ordinance shall take effect and be enforced on
October 15, 2017.
Section 4. 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 5th day of September, 2017, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
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