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HomeMy WebLinkAboutItem 5.3 AmendSubdivOrd (2) AGENDA STATEMENT MEETING DATE: December 12, 1983 SUBJECT: Amendments to Subdivision Ordinance EXHIBITS ATTACHED: RECOMMENDATION: 1) 2) 1) 2) Ordinance amending Subdivision Ordinance Resolution regarding park and recreation area requirements Adopt ordinance on urgency basis Adopt resolution re: park and recreation area requirements FINANCIAL STATEMENT: None DESCRIPTION: At its meeting of October 24, 1983, the City Council directed Staff to amend the Subdivision Ordinance with respect to park dedication fees. The Staff has prepared a draft ordinance for City Council's consideration. The draft ordinance provides that the City of Dublin will be the local agency that receives park dedication land or fees. Under the previously adopted ordinance, DSRSD received such land or fees. The draft ordinance also contains amendments consistent with the Ordinance Establishing the Jurisdiction of the Planning Director and Planning Commission, the Grading Ordinance, and the most recent changes to the State Subdivision Map Act. Staff has also prepared a resolution regarding park and recreation area requirements for use with the amended Subdivision Ordinance. For park dedication fee calculations, the Subdivision Map Act requires cities incorporated after April, 1980, to use a population figure determined pursuant to the Revenue and Taxation Code (3 X registered voters). The park area standard and the residential density standards, in the resolution, are both based on the Revenue and Taxation Code population figure. An alternative approach to the calculations would be to base the park area standard on the Revenue and Taxation Code and the residential density standards on census information. Staff feels that the alternative approach uses inconsistent and incompatible population figures (19,191 vs 13,496), is inequitable to Dublin as a newly incorporated city, and would result in less park land and fees being available to residents of the City. Staff recommends that the City Council: ~) Adopt the ordinance amending the Subdivision Ordinance on an urgency basis (4/5th vote required); and, 2) Adopt the resolution regarding park and recreation area requirements. COPIES TO: DSRSD Section 8-7.0(b) is amended to read as follows: (b) "Local Agency" means the City of Dublin. Section 8-7.4 is amended to read as follows: 8-7.4. Standards for Dedication. 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 and shall be the amount calculated from the following formula: LAND = A X B FEE = A X B X C D (a) A means the park and recreation area required per dwelli unit, based on the assigned residential density of the proposed subdivision and the park area per 1,000 people of the City. (b) B means the number of dwelling units in the proposed subdivision- (c) C means the current market value of the developable acreage of the area to be subdivided. (d) D means the developable acreage of the area to be subdivided. Section 8-7.5(c)(3) is amended to read as follows: (3) Are restricted for park and recreational or open space purposes by recorded covenants which run with the land and cannot be defeated or eliminated without the consent of the City Council; Section 8-7.5(c)(4) is amended to read as follows: (4) Are in accord with the principles and standards for local parks contained in the Park and Recreation Element of the City of Dublin General Plan. SECTION 2 EFFECTIVE DATE This ordinance relates to the raising of revenue for the usual and current expenses of the City and shall take effect immediately. SECTION 3 POSTING OF ORDINANCE 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 , 1983, by the following votes: AYES: NOES: ABSENT: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING AND ADOPTING PARK AND RECREATION AREA REQUIREMENTS FOR USE WITH THE SUBDIVISION ORDINANCE OF THE CITY OF DUBLIN WHEREAS, the Subdivision Map Act of the State of California requires definite standards for determining the land to be dedicated for park or recreational purposes and the fees to be paid in lieu thereof; and, WHEREAS, the Subdivision Map Act requires the City to use a population figure based on the Revenue and Taxation Code which is greater than the actual City population; and, WHEREAS, the Dublin City Council has amended the Subdivision Ordinance of the City of Dublin in accordance with the Subdivision Map Act; and, WHEREAS, the Subdivision Ordinance, as amended, establishes a formula for calculating park and recreation dedication requirements; and, WHEREAS, it is desirable to have the Park and Recreation Area Requirements established and adopted as a policy of the City of Dublin; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby establish and adopt the following Park and Recreation Area Requirements for use with thh Dublin Subdivision Ordinance: The park area of the City is determined to be 2.3 acres per 1,000 people. The park and recreation area required per dwelling unit, A, is established as follows: a) For zoning districts which require 5,000 or more square feet of lot area per dwelling unit, each unit is assigned 4.9 people. Therefore: A = 4.9 X .0023 = .011 acres per unit. b) For zoning districts which require less than 5,000 square feet of lot area per dwelling unit, each unit is assigned 4.1 people. Therefore: A = 4.1 X .0023 = .009 acres per unit. c) For Planned Development, condominium, or townhouse-type development, lot area per dwelling unit shall be computed by dividing the total project area by the number of proposed units. PASSED, APPROVED AND ADOPTED this , 1983 AYES: NOES: ABSENT: th day of ATTEST: Mayor City Clerk Novemoer 2, 1983 City Council City of Dublin P. O. Box 2340 Dublin, California 94568 Attention: Mr. Richard Ambrose, City Manager Dear Members: Yesterday the Board of Directors discussed the matter of park dedication fees which are on deposit in both the City's ana District's treasuries. The 8dare understands your interest in collecting such ,~es in the future and wants you to know that we have $137,000 of Alameda County park dedication monies in our treasury. '~e are requesting a meeting with t~e City to develop a procedure w~ereOy these fees, whether collected by the City or the District, will be spent with everyone's full knowledge on projects which will provide the most benefit to the people of the City of Dublin. 8y coordinating our efforts and developing common priorities, we will be able to reach this goal. Please consider this request and, if you agree, ask Richard Ambrose to call me to arrange the particulars. PR:rj Very truly yours, ~ UL RYA General Manager cc: Board of Directors