HomeMy WebLinkAboutOrd 08-17 Amending Chapter 9.28 Dedication of Lands for Park and Recreation Purposes ORDINANCE NO. 08 - 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 = AxB
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 per 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.
- - - - A , • - --
Therefore;
A - 2.7 x .0030 - .0081 acres per unit (for active community parks)
Ord No. 08-17, Adopted 9/5/2017, Item No. 4.9 Page 1 of 3
' — . .999: - - - •- - - e•• •• - ••
--
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, - - -- _ -_ e e •- _ . - - .
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 locatcd in an area zoned for multiple dwclling units per
parcel, the number of dwelling units shall equal the maximum number of residential units
allowed within the proposed subdivision e - '-- - e -- - -- - e'-. 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: Councilmembers Biddle, Goel, Gupta, and Hernandez
NOES:
Ord No. 08-17, Adopted 9/5/2017, Item No. 4.9 Page 2 of 3
ABSENT: Mayor Haubert
ABSTAIN: G"U�
/4/1a
Mayor Pro Tempore
ATTEST:
City Clerk
Ord No. 08-17, Adopted 9/5/2017, Item No. 4.9 Page 3 of 3