HomeMy WebLinkAbout6.1 AmendMuniCd 9.28
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 0, 1998
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PUBUC HEARING: Amendment to Chapter~.28 of the Dublin
Municipal Code .. Quimby Act Or~iuat\Ce.:RePort PHp.ed by:
Diane Lowart, Parks & Communlty8ervices Director '.
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Ordinance Amending Sections 9.28.040. 9.28.0S() and 9.28.060 of
the Dublin Municipal Code " ' '.. ., .
I. Open Public Hearing ,
2; Receive Staft)~on aDd pUblic testiinony~
3. Question Staff' and the public
4. Clo$e PUblic Hearing ~ deJi~.
5. Waive reading and adopt Ordinance
EXHIBITS AlTACHED:
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RECOMMENDATION:
FINANCIAL STATEMENT:
None
DESCRIPTION: On March 26 1996, the' City CQuntil, w8iv~the reading and
introduced an ordinance amending Chapter 9.28 of the Dublin Municipal Code (QuiAlby ActOrf,iinance).
eaCl(ground . , ,.'. ' .'. . ,
Chapter 9.28 of th~ ,Dublin Municipal Code (Quimby Act Or~e)~s enacted. pursuant. to authority
granted by SectloR66477 of the. Oovernmeu,tC04~.of.thCi S~of CaIifo~a..iThis:i~lia~rrequires th4rt,
each subdivider of land classified by the City. of Dublin_izoningo~ce for residctnqal use shall,as a
condition to filing ,a fh1al subdivision map dedicate or reserVe lands, pay .fees :in lieu thereof, or a
combination of both, for neighborhood and community park or recreationalpu:g)ose~.
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Chapter 7.78 of the Dublin Municipal C~~is enactedpurSu8>>.t;to ~thoritY~te(l,by: Sect,ion66000 of
the Government Code of the State ofCalifonUa.. Thischapter.atabU" apub_Jacilities fee. to pay for
municipally. owned public facilities including neighborhood. and co~unityparks. .
In order to insure that new development is not' udouble-c:harged;'.. for neighborhood and ,c0111lnunity park
lands once the public facilities fee becomes effective, it.is d~sirable toamel1dChapter"9.28 of the
Municipal Code. Proposed amendments to the.ordinanGe~"..tQ,t\1e'amourit(jf~to bedt.'dicated,
the calculation of in..lieufees, and cr<<lits for open space and~rtatiolUll facilitie$~
Amount o{Land to be Dedi~ted ($e~tlon 9.18.04f}) . .
The current ordinance provides for the dedication of.5.0 .actesof:park area ~r()nethousand people or
.005 acres per person. With the adoption of the. Parks and Recreation Master Phtnl~'JlI1y of 1994, this
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standard was split between neighborhood parks at 1.5 acres per one thousand people and co~ P91ks.
at 3.5 acres per one thousand people. .:.....
Amendments to Section 9.28.040 reflect the split between neighborhood parks and community parks and
revise the calculations for amolUlt of park area to be, dedicated per dwelling unit to conform with this split.
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Additionally the amOlUlt of park area required per dwelling unit has been revised to correspond to the
dwelling unit. densities used in the public facilities fee. Instead of assigning densities by the type of
dwelling unit, J.e. detached single-family versus attached single~family, duplex or multifamily units, ,
densities,ha".been assigned based on the number of units to be conStructed per acre.
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Calculation efIn-Ueu Fees ~ctln" 9.38.05(}) --
The current ordinance establishes a formula to be used where fees are required by the City to be . paid in
li~~ of land dedication. As proposed, where fees are required to be paid in lieu of land dedication for all
new 'development in the Eastern Dublin Specific Plan area, the fee shall be equal to the fee for
"Community Parks, Land" and Neighborhood Parks Land" of the City~s Public Facilities Fee. For new
development within the rentaini1lgportion of the 'City, the fee for community parks shall be equal to the
fee for "Comm~ty Parks, Land". of the City's Public Facilities Fee, and the fee for neighborhood parks
shall be based on the current market value of the developable acreage of the area to be subdivided.
The purpose of this amendment is to make the calculation of the Quimby Act fee simple and to avoid a
situation where.the Quimby Act fee (payable at fma1lnap) is one amolUlt and the park land ,component of
the Public Facilities Fee (payable at final inspection) is a different amolUlt.
Creclits ($Ilctlh" 9.28.IJ6IJJ
The current ordinance provides credit to subdividers who provide park and recreational improvements to .
the dedicated land providing that the improvements meet certain requirements. The proposed amendment.. '
to this section standardizes the definition of private open space and recreational facilities and clarifies that
the facilities must be in accord with the principals and standards for local parks contained in both the park
and open:space element of the City's General Plan and the Parks and Recreation Master Plan.
Recommendation
Staff recommends that the City Council take the following action: I) open Public Hearing; 2) receive
Staff presentation and public' testimony; 3) question Staff and the. public; 4) close Public Hearing and
deliberate; and 5) waive reading and adopt the Ordinance. ,-:
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ORDINANCE NO. . 96
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AN ORDINANCE AMENDING SECTIONS 9.28.040, 9.28.050 AND 9.28.060
OF THE DUBLIN MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 9.28.040 of the Dublin Municipal Code is hereby amended to read as
follows:
9.28.040
Amount of Land to be Dedicated
It is hereby found and determined that the public interest, convenience, health, safety and welfare
require that five (5) acres of property of 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 ofland 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 detennined to be 5.0 acres per one thousand (1,000)
people, or .005 acres per person, which is further broken down to 3.5 acres per one thousand (1,000)
people for community parks and 1.5 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. F or dwelling units to be constructed on property designated in the General
Plan or Eastern Dublin Specific Plan for 6 or few units per acre, each unit is assigned 3.2 people.
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Therefore:
A = 3.2 x .0035 = .0112 acres per unit (for community parks)
A == 3.2 x .0015 == .0048 acres per unit (for neighborhood parks)
A (Total) == .016 acres per unit
b. For dwelling units to be constructed on property designated in the General
Plan or Eastern Dublin Specific Plan for 6.1 or more units per acre, each unit is assigned 2.0 people.
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Therefore:
A = 2.0 x ..0035 = .007 acres per unit (for community parks)
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A = 2.0 x .0015 = .003 acres per unit (for neighborhood parks)
A (Total) = 0.10 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 sulfdivision 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
qf 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 2. Section 9.28.050 of the Dublin Municipal Code is hereby amended to read as
follows:
9.28.050
Calculation ofIn-Lieu Fees
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" and "Neighborhood Parks Land" of the city's Public
Facilities Fee.
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B. Where fees are required by the City to be paid in lieu of land dedication and no fee for
"Neighborhood Parks, Land" is established in the Public Facilities Fee (i.e., for subdivisions located within
the City excluding the Eastern Dublin Specific Plan area), the fees for neighborhood parks shall be based
on the current market value of the developable acreage of the area to be subdivided as determined by the
Director of Public Works and Planning Director at the time of approval of the final subdivision map and
shall be calculated as follows:
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FEE = A x B x C
D
"A" is defined above.
"B" is defined above.
"c" is the current market value of the developable acreage of the area to be subdivided.
"D" is the developable acreage of the area to be subdivided.
If the subdivider objects to the determination of current market value, the subdivider may request
the city to obtain an appraisal of the property by a qualified real estate appraiser mutually agreed upon by
the city and the subdivider, which appraisal will be considered by the city in determining the current market .
value. All costs required to obtain such appraisal shall be borne by the subdivider.
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SECTION 3. Section 9.28.060, subdivision B, subdivision (1.) of the Dublin Municipal Code is
hereby amended to read as follows:
. Private open space and recreational facilities are at least one-half (~) acre in area with its smallest
dimension being at least one hundred feet (100') clear excluding yards and setbacks normally required by
zoning provisions;
SECTION 4. Section 9.28.060, subdivision B, subdivision (3) of the Dublin Municipal Code is
hereby amended to read as follows:
Private open space and recreational facilities are suitable for active park and recreation purposes
t~king into consideration such factors as shape, topography, access, and improvements proposed; and
SECTION 5. Section 9.28.060, subdivision B, subdivision (4) of the Dublin Municipal Code is
hereby amended to read as follows:
The private open space and recreational facilities are in accord with the principles and standards for
local parks contained in the park and open space element of the city of Dublin general plan and the Parks
and Recreation Master Plan. (Ord. 1-91 ~ 1 (8-7.5))
SECTION 6. This ordinance will be effective on the effective date of the Public Facilities Fee, as
adopted by Resolution No. 32.. - 9 (f7
SECTION 7. The City Clerk of the City of Dublin shall cause this ordinance to be published or to
.e posted in at least three (3) public places in City in accordance with Section 36933 of the Government
Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 9th day
of April, 1996, by vote as follows:
AYES:
NOES:
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ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
.: /4-9-96/ord-qmby.doc
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