HomeMy WebLinkAboutItem 4.7 Public Facilities Fee or nU,��
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #600-70
DATE: September 1, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Adoption of an Ordinance Amending Chapters 7.78 (Public Facilities Fee) and
9.28 (Dedication of Lands for Park and Recreation Purposes) of the Dublin
Municipal Code
Prepared by Roger Bradley, Assistant to the City Manager and Paul McCreary,
Parks and Community Services Director
EXECUTIVE SUMMARY:
The City Council will consider amending certain sections of the Dublin Municipal Code to reflect
new parkland dedication categories within the Parks and Recreation Master Plan as well as
population densities on a per household basis within the City of Dublin for the purposes of
determining the amount of parkland required to be dedicated for new development.
FINANCIAL IMPACT:
Adoption of the Ordinance will result in the proper dedication of parkland acreage to mitigate the
impact of new development, ensuring that the City is able to provide adequate park space to the
City's population through build-out.
RECOMMENDATION:
Staff recommends that the City Council waive the reading and adopt the Ordinance Amending
Chapters 7.78 (Public Facilities Fee) and 9.28 (Dedication of Lands for Park and Recreation
Purposes) of the Dublin Municipal Code.
Reviewed By
Assistant City Manager
DESCRIPTION:
At the July 21, 2015 City Council meeting, the City Council received a report from Staff
(Attachment 1) and introduced an ordinance amending Chapters 7.78 (Public Facilities Fee) and
9.28 (Dedication of Lands for Park and Recreation Purposes) of the Dublin Municipal Code. The
attached ordinance (Attachment 2) ensures that new development dedicates an adequate
amount of parkland to meet the City's parkland dedication requirements as adopted within the
City's Parks & Recreation Master Plan. The proposed Ordinance updates population density
Page 1 of 2 ITEM NO. 4.7
information to accurately account for the amount and types of parkland that needs to be
dedicated, and clarifies that there is one residential, City-wide fee for new development as
adopted in the City's Public Facilities Fee Program.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS: 1. Staff Report— July 21, 2015 without Attachments.
2. Ordinance Amending Chapters 7.78 (Public Facilities Fee) and 9.28
(Dedication of Lands for Park and Recreation Purposes) of the
Dublin Municipal Code
Page 2 of 2
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STAFF REPORT CITY CLERK
CITY COUNCIL File #600-70
DATE: July 21, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager '
SUBJECT: PUBLIC HEARING: Amendment of Public Facilities Fee anid Introduction of an
Ordinance Amending Chapters 7.78 (Public Facilities Fee) and 9.28 (Dedication
of Lands for Park and Recreation Purposes) of the Dublin Municipal Code
Prepared by Roger Bradley, Assistant to the City Manager and Paul McCreary,
Parks and Community Services Director
EXECUTIVE SUMMARY:
The City Council will consider proposed increases/decreases to the Public Facilities Fee
program. The program was last updated in 2002, and the proposed rates reflect changes in
costs and development projections since that time. Public Facilities Fees are collected to
mitigate the impact created by future development on certain public facilities including: civic
center; library; parks; aquatic facilities; and community buildings, such as community, cultural
and recreational centers. The proposed changes to the fee program include the establishment
of one citywide fee, regardless of development area, and one residential fee regardless of
population densities. Additionally, the City Council will consider introducing a related Ordinance
amending the Dublin Municipal Code to reflect new parkland dedication categories within the
Parks and Recreation Master Plan.
FINANCIAL IMPACT:
Adoption of the proposed amendments to the Public Facility Fee ("PFF") program will result in
the collection of adequate revenue to ensure that the City is able to build facilities required to
provide services to the City's population through build-out. As proposed, the PFF Program
would fund approximately $245 million in capital facilities to serve growth through build-out.
RECOMMENDATION:
Staff recommends that the City Council conduct the public hearing, deliberate, waive the
reading and INTRODUCE the Ordinance Amending Chapters 7.78 (Public Facilities Fee) and
9.28 (Dedication of Lands for Park and Recreation Purposes) of the Dublin Municipal Code; and
adopt the Resolution Revising the Public Facilities Fee for Future Development within the City
of Dublin.
Page 1 of 8 ITEM NO. 6.1
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Reviewed By
Assistant City Manager
DESCRIPTION:
The City Council adopted Dublin Municipal Code Chapter 7.78 on December 12, 1994, creating
and establishing the authority for imposing and charging a Public Facilities Fee. The purpose of
the Public Facilities Fee is to finance municipal public facilities to mitigate the impacts caused by
future development within the City of Dublin on parks and public facilities. Such facilities include
the following: expansion of Civic Center administrative office space and police wing; expansion
of the library; acquisition and construction of neighborhood and community parks, construction
of aquatic facilities, and construction of community buildings such as community, cultural and
recreational centers. The City imposes other development fees to mitigate the impacts on other
public facilities, including on the transportation system and on fire facilities.
Several City Council-approved documents set forth the scope of public facilities necessary to
serve new development. The City first adopted the Parks and Recreation Master Plan in July of
1994, which has been updated at various points since that time, most recently on May 19, 2015.
The Master Plan provides direction for addressing the long-term park and recreational facility
needs of the City through build-out of the community. The Plan envisions a park system at build-
out of the City based on a standard of providing five-acres of park lands for every 1,000
residents, including both neighborhood and community parks. Additionally, the Master Plan calls
for the development of the following community facilities: a community center, recreation center,
cultural center; senior center; and aquatic facilities.
The Library Planning Task Force Report in April of 1993 recommended expansion of the then
existing library and construction of an additional library in Eastern Dublin. A subsequent study
done in September 1998 recommended construction of one 37,000 square foot Library on the
Civic Center site. Approximately 30,000 square feet of the library was completed in 2005, with
the remaining approximate 7,000 square feet to be funded by the Public Facilities Fee program
and improved at a later date. These standards are based on the recommended square footage
of Library space at 0.6 square feet per Dublin resident that were established in the prior Library
Study. Based on these standards, an additional 9,000 square feet will need to be constructed in
the future to accommodate growth within the community, for a total of 16,000 square feet of new
Library space. Funding for this expansion is included in the proposed Public Facility Fee
Update.
The City Council originally approved a Civic Center Programming Document dated November
1986 that provided for the ultimate build-out of the Civic Center to accommodate what was then
an estimated resident population projection of 40,000 people in the year 2005. The City revisited
the programming study in 2007 and again in 2010 to determine the projected needs for Civic
Center expansion based on updated population projections. The 2010 study projected the need
for approximately 14,000 square feet of additional space to accommodate the City's
administrative needs through buildout, the cost of which is included in the proposed fee program
update.
Page 2 of 8
It has long been the City's policy that new development pay for the increase in infrastructure
necessary to accommodate the development as codified in various City documents including,
but not limited to, the Eastern Dublin General Plan Amendment (2.1.4, Implementing Policy C),
the Eastern Dublin Specific Plan, (Policy 10-1, page 151), the Parks and Recreation Master
Plan (contains goals and guiding policies relating to the implementation of funding sources to
acquire, develop, operate and maintain recreational facilities — Goal 3), etc. Consistent with
such policies, the proposed Public Facilities Fee Program Update assumes that development
will pay for its fair share of the construction and acquisition costs of the planned improvements.
The City Council adopted Resolution No. 32-96 on March 26, 1996 establishing a Public
Facilities Fee for development within the City of Dublin. The Public Facilities Fee was based on
the Public Facilities Fee Justification Study prepared by Recht, Hausrath & Associates. In 1999,
the City Council adopted Resolution 60-99 revising the Public Facilities Fee that was based on
the Public Facilities Fee Study, 1998 Update prepared by Hausrath Economics Group. A revised
Public Facility Fee Program was again adopted by the City Council in 2002.
In 2007, the City began preparation of a Public Facilities Fee program update as such programs
are generally updated about every five years; however, due to the tenuous economic conditions
existing at that time, the City deferred action on the Public Facilities program update until a time
when economic conditions have improved. As economic conditions have improved over the past
few years, Staff finds it prudent to proceed with the fee update at this time.
PUBLIC FACILITIES FEE PROGRAM PROGRESS SINCE LAST UPDATE:
Since the last update of the Public Facilities Fee Program, the City has added a number of
facilities to meet the needs of its residents and fulfill the goals of the program. In particular, the
City has added approximately 83 acres of improved parkland, acquired an additional 57 acres of
parkland awaiting improvement, and completed the following facilities: Library, Senior Center,
Shannon Community Center (a portion was funded by the program), and begun construction on
the Emerald Glen Recreation and Aquatic Complex. Of the 83 acres of improved parkland, the
City has completed construction on the following park facilities:
• Bray Commons Park ■ Passatempo Park
• Devany Square • Piazza Sorrento Park
• Emerald Glen Park ■ Positano Hills Park
• Fallon Sports Park • Schaefer Ranch Park
UPDATED FEE STUDY:
The Resolution adopting the public facilities fee program directs Staff to update the Public
Facilities Fee periodically to ensure that adequate revenues are being collected to build the
facilities within the program. Willdan Financial Services prepared a revised report titled "City of
Dublin Public Facilities Fee Study Update (2015 Study Update)' (Attachment 1). The purpose of
the 2015 Study Update is to update cost information based on recent data for:
• Parkland acquisition cost per acre;
• Parkland development cost per acre;
• Community building costs,
• Aquatic Center costs;
• Library building costs; and
Page 3 of 8
■ Civic Center expansion costs.
The impact fee model used to develop the previous update by Hausrath Economics Group was
reconstructed to reflect the new information.
Attachment 2 illustrates fees by land use type and area that are currently in effect as of July 1,
2015. Fees for residential development in Eastern Dublin range from $21,492 for a multi-family
unit to $34,389 for a single-family unit. Non-residential fees range from $2,690 per 1,000 square
feet for an industrial use to $6,105 per 1,000 square feet for an office use. Fees for residential
development in Western Dublin (limited to the Schaefer Ranch project) range from $21,118 for a
multi-family unit to $33,787 for a single-family unit. Infill development pays only the Citywide
fees which range from $15,369 for a multi-family unit to $24,590 for a single-family unit.
However, in-fill development is also subject to the City's Quimby Act ordinance for
Neighborhood Park requirements.
Attachment 3 illustrates the proposed fees by land use type resulting from the 2015 Study
Update to the fee study. Fees for residential development, regardless of location or unit type,
are proposed to be $24,444 per dwelling unit. Non-residential fees range from $1,717 per 1,000
square feet for an industrial use to $4,637 per 1,000 square feet for an office use.
Overall, the Public Facilities Fee is proposed to decrease by 29% for residential development
projects that have a density of 6.0 units per acre or less under the current fee program, and it
will increase by approximately 14% for residential developments with density levels of 6.1 units
per acre and greater. The proposed fee will decrease for non-residential developments with
office and industrial land use designations by 24% and 36% respectively. The commercial
nonresidential fee is proposed to increase by 10%. The changes in the fee structure are due to
the following factors:
1. Change to Population Numbers. The total amount of additional residents included
within the Public Facility Fee Update is approximately 15,000. Adding 15,000 people to
our Public Facilities Fee program means that we have to build additional facilities to
accommodate that increased population. For example, the additional 15,000 people
generate the need for 75 acres of new parkland based on the City's master plan
standards of 5 acres per 1,000 people. Thus, a large portion of the proposed fee increase
is attributable to the updated population numbers. The population have been updated
according to the below reasons.
a. The City of Dublin's General Plan provides population projections for the ultimate
buildout of the community. For the 2002 Fee Program Update, the General Plan
has population projections that were based on how many persons, on average,
occupied single-family homes (defined as less than 6.1 units per acre) and how
many persons occupied multifamily homes (defined as greater than or equal to 6.1
units per acre). Further, the General Plan's population projections incorporate the
most recent information from the 2010 Census. The2010 Census provided
household density information for the residential population as a whole at 2.7
persons per dwelling unit. This shift in measuring how many persons live in each
dwelling unit, rather than by unit types, added approximately 8,000 people to the
City's buildout population projections, over the amount used for the 2002 Update.
Page 4 of 8
b. In addition to the change in Census methodology, new development within the
Dublin Crossing and Downtown Dublin Specific Plan areas have added additional
homes and residents to the Dublin community that were not envisioned during the
2002 Study Update. Within Dublin Crossing, there are 1,995 units, and the
Downtown Dublin Specific Plan includes another 2,500 units. This increase in units
under the prior population calculation methodology adds about 7,000 residents to
the community.
2. Change in Land and Construction Values. Since the 2002 fee update, land and
construction values have increased. For land values, an average annual increase of
11.36% for community parks and 9.49% for neighborhood parks has been identified in
the Public Facility Fee appraisal update by Associated Right-of-Way Services
(Attachment 4) when compared to the previous appraisal done in December 2000.
a. For the 2002 Update, Community Parkland was valued at $12 per square foot, and
it currently is valued at $34 per square foot based on the annual inflationary
increases since 2002. The 2015 Update bring lands value up to current market
conditions at $50 per square foot. Thus, the current fee program undervalues
community parkland acquisition costs by 49%.
b. For the 2002 Update, Neighborhood Parkland was valued at $15 per square foot,
and it currently is valued at $31 per square foot based on the annual inflationary
increases since 2002. The 2015 Update bring land value up to current market
conditions at $50 per square foot. Thus, the current fee program undervalues
neighborhood parkland acquisition costs by 52%.
c. Improvement costs have increased by 95% for community parks and by 57% for
neighborhood parks. These increases reflect the City's current experience with
construction bids and costs for Passatempo, Positano, and Jordan Ranch parks.
d. Community Building costs have increased by 95% from $441 per square foot to
$730 per square foot. This increase is based on the costs identified in the recent
Recreation and Aquatic Complex Capital Project.
e. The cost of the Aquatic Center has increased by 69% as a result of a cost
estimate provided by the City's pool consultant for the Recreation and Aquatics
Complex. (Attachment 5)
f. Library costs included within the Public Facility Fee program have increased by
82%, and are based on the building costs of$730 square feet.
g. The cost for the Civic Center has increased by 189%. This is based on the
estimated cost for the Civic Center expansion project at $730 per square feet of
additional space needed.
h. The cost increase for the Commercial fee is primarily due to the fact that, of the
non-residential sector (nonresidential sector includes commercial, office and
industrial land use designations) will experience the most growth from now until
buildout. As a result, it carries a larger portion of the nonresidential fee than the
other nonresidential fee categories.
Page 5 of 8
3. Change in Fee Application. Additional changes within the 2015 Study Update include
the inclusion of a new fee category to reflect the updated standards within the Parks &
Recreation Master Plan.
a. On May 19, 2015, the City Council adopted the Parks & Recreation Master Plan
that included a new parkland category called Natural Community Parks.
Additionally, the Master Plan update reallocated the standard of 5.0-acres of
parkland for every 1,000 residents to include the new parkland category, which is
included within the proposed Public Facilities Fee Program. The Master Plan
standards are: Active Community Parks at 3.0 acres per 1,000 residents; Natural
Community Parks at 0.3 acres per 1,000 residents; and Neighborhood Parks at
1.7 acres per 1,000 residents. The inclusion and redistribution of the parkland
standard lowers the cost impact of new facilities as Natural Community Parks have
a significantly lower land acquisition cost and operations/maintenance cost than its
two counterparts.
b. Finally, the City's current Public Facilities Fee Program includes a number of
different fees, which are placed on new development depending upon which area
of the City the development is located. For ease of administration and to ensure
that new developments in areas such as within Downtown Dublin pay their fair
share toward facility needs, the proposed Public Facilities Fee program includes
only one fee that will be paid by development within the community. This will
increase cost for certain areas of the community that previously did not pay certain
portions of the fee. However, the addition of those fees will allow that City to
provide the needed facilities to mitigate the impact of development with those
areas. Under the current program, the developments outside the Eastern Dublin
Specific Plan area as well as within Schaefer Ranch do not pay Neighborhood
Park fees, nor do they contribute to aquatic facilities. As development is now
envisioned and planned for in the downtown and other areas, it is appropriate to
create one consistent fee regardless of development location. Simply, residents
from new developments generate the same impact on the City services regardless
of within which specific plan are they reside.
Since the Public Facilities Fee was first adopted in 1996, the cost of land acquisition and park
and facility construction has increased dramatically. The land and improvement cost per acre
and the cost per square foot for building construction that were first used to establish the fee in
1996 and subsequent update in 2002 were based on the City's previous experience in these
areas. Construction costs experienced by the City and developers for such projects as Emerald
Glen Recreation and Aquatics Complex and Fallon Sports Park Phase II have proven that the
cost factors that the fee is based upon will not cover the cost of acquisition and construction of
facilities in today's construction climate.
The largest component of the Public Facilities Fee is the cost to acquire parkland, which
amounts to approximately 45% of the fee. For those property owners who have sufficient park
land on their property to dedicate in accordance with the law, the total out of pocket fee paid to
the City (excluding dedicated land) is $13,515 per unit. However, not all park land can be
acquired through dedication. To comply with City policies described above, the fee must be
calculated so that sufficient monies are collected to purchase the land which cannot be acquired
by dedication.
Page 6 of 8
FUTURE ADJUSTMENTS:
The City will continue to conduct future study and analysis to determine if the Fee should be
revised at a future date. When additional information is available, the City Council shall review
the Fee to determine that the amounts are reasonably related to the impacts of development
within the City of Dublin. The City will evaluate land values through an appraisal at least every
three years. Since 2002, the fee has been adjusted automatically based on the formula as
described below. It is proposed that the fee increase methodology be kept the same for
improvement costs and the annual inflationary factor for land valuation is proposed to be 9%.
I mprovement Costs
The costs of construction of the Facilities identified in the 2015 Study Update shall be
increased/decreased by the annual percentage increase/decrease in the Engineering News
Record's Construction Cost Index (20-city average) for the month of April over the same
Construction Cost Index for the month of April of the prior year. For example, if the improvement
cost for community parks in Year One is $720,000 per acre and in Year Two the Construction
Cost Index is +2.5% more than Year One, that will result in an increase to $738,000 per acre.
Land Costs
The Land Cost per acre for the Facilities identified in the Study Update shall be
increased/decreased annually by the percentage increase/decrease between the land cost in
the most recent land appraisal from 2013 (prepared for the City for purposes of adjusting the
Fee) over the land cost per acre in the immediately preceding appraisal (prepared for the City in
2000 for purposes of adjusting the Fee and using the same methodology), calculated as an
annual increase/decrease. For example, in 2000, the cost per square foot of neighborhood
parkland was is $15.38/sgft and in 2013 it was $50.00/sgft, which results in an annual
compounded growth increase of 9% resulting in a yearly increase in land valuation of 9%. The
City will continue to use the same formula to adjust the fee on July 1 annually.
PROPOSED ORDINANCE AMENDMENT:
As mentioned above, due to changes in report beginning with the 2010 Census, the City of
Dublin General Plan no longer includes population density information for single-family and
multifamily density types. However, the current fee program is based on the assumption that
such data will be available, and, in particular, the Dublin Municipal Code provides for the
collection for fee based on these density types. Should the City Council proceed with the
adoption of the recommended Public Facility Fees, the Dublin Municipal Code will need to be
amended to reflect the change from two fees being collected (multifamily and single-family) to
one residential fee based on the 2010 Census information that there are 2.7 persons per
dwelling unit within the City of Dublin. Additionally, the Code will be updated to provide for one
Public Facilities Fee Citywide. The current program has different fees for different parts of the
community, depending upon where your development is sited. For ease of administration and to
ensure that new developments in areas such as within Downtown Dublin pay their fair share
toward facility needs, Staff is recommending that one fee be applied for the community. Finally,
the Parks & Recreation Master Plan calls for the creation of a new fee for the development of a
community park that is nature based. Additionally, the Master Plan reallocated the 5 acres of
parkland per 1,000 residents requirement slightly between the 3 parkland categories (Active
Community Parks at 3.0 acres per 1,000 residents; Natural Community Parks at 0.3 acres per
1,000 residents; and Neighborhood Parks at 1.7 acres per 1,000 residents). The proposed
ordinance includes this change, and changes can be viewed in Attachment 6.
Page 7 of 8
CONCLUSION:
As demonstrated in the General Plan, the Downtown Dublin Specific Plan, the Dublin Crossing
Specific Plan, the Dublin Village Historic Area Specific Plan, the Eastern Dublin Specific Plan,
the Parks and Recreation Master Plan, the Public Facilities Fee Study Update, and other related
studies and documents, future development in the City of Dublin will generate the need for those
facilities that are the subject of the Public Facilities Fee Study Update dated July 2, 2015.
Provision of these facilities is critical to the implementation of the goals and policies contained in
these documents. If adequate facilities are not provided to serve the needs generated by new
development, those new residents will place a burden on existing Dublin facilities, parks, and
recreational centers.
Adoption of the Public Facilities Fee is consistent with the General Plan, the Downtown Dublin
Specific Plan, the Dublin Crossing Specific Plan, the Dublin Village Historic Area Specific Plan,
the Eastern Dublin Specific Plan and will implement those plans. Therefore, Staff recommends
that the City Council conduct the public hearing introduce the Ordinance (Attachment 7) and
adopt the Resolution (Attachment 8) revising the Public Facilities Fee.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
On June 15, 2015, Staff held an informational meeting with the development community to
discuss the proposed Public Facility Fee update. Invitations to this meeting were mailed to the
development community using the contact information on file with the City from past, current,
and potential developments the City is aware of.
A notice was placed in the Tri-Valley Times on July 11, 2015 and July 18, 2015, notifying the
community of the City Council's consideration of the proposed fee increase and that the 2015
Public Facilities Fee Study Update is on file with the City Clerk for public review for a 10 day
period prior to the City Council's consideration of the fee increase.
ATTACHMENTS: 1. Public Facilities Fee Study Update
2. Current Fee by Land Use Type and Area
3. Proposed Public Facility Fee
4. Associated Right-of-Way Services —Appraisal Consulting
Assignment Report
5. Aquatic Facilities Cost Estimate
6. Ordinance Amending Chapters 7.78 (Public Facilities Fee) and 9.28
(Dedication of Lands for Park and Recreation Purposes) of the
Dublin Municipal Code with Changes Tracked for Review
7. Ordinance Amending Chapters 7.78 (Public Facilities Fee) and 9.28
(Dedication of Lands for Park and Recreation Purposes) of the
Dublin Municipal Code
8. Resolution Revising the Public Facilities Fee for Future
Developments within the City of Dublin
Page 8 of 8
ORDINANCE NO. — 15
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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
fol lows:
Section1. 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.
1
Attachment 2
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-
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 2.7 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.
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Attachment 2
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.
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 18th day of August, 2015.
AYES-
NOES-
ABSENT-
ABSTAIN-
David Haubert, Mayor
ATTEST:
Caroline Soto, City Clerk
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Attachment 2