HomeMy WebLinkAboutOrd 05-23 Amending Chapter 9.28 (Dedication of Lands for Park and Recreation Purposes) of t
Ord. No. 05-23, Item 6.1, Adopted 09/05/2023 Page 1 of 3
ORDINANCE NO. 05 – 23
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING CHAPTER 9.28 (DEDICATION OF LANDS FOR PARK AND RECREATION
PURPOSES) OF THE DUBLIN MUNICIPAL CODE
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 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, Dublin Municipal Code (DMC) Section 9.28 requires that each subdivider of
the land classified by the Zoning Ordinance for residential use shall dedicate or reserve lands, pay
fees in lieu thereof, or a combination of both, for neighborhood and community park or recreational
purposes; and
WHEREAS, following review of the DMC, it was determined that the amendments
contained in this Ordinance were appropriate.
NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows:
Section 1. Chapter 9.28.040 is amended to read as follows (additions shown in italics and
deletions shown 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) acres per one thousand (1,000) people,
or five-one-thousandths (0.005) acre per person, which is further broken down to three (3) two
and four tenths (2.4) acres per one thousand (1,000) people for active community parks, three-
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tenths (0.3) nine tenths (0.9) 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: Each
residential dwelling unit is assigned two and seven tenths (2.7) people.
a. Each single-family dwelling unit is assigned three and eight one-hundredths (3.08) people.
b. Each other multifamily dwelling unit is assigned one and eighty-eight one-hundredths (1.88)
people.
c. Each senior housing dwelling unit is assigned one and twelve one-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, 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 multifamily or senior housing, the number of dwelling units shall equal
the maximum number of residential units allowed within the proposed subdivision. 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 60 days after
its final adoption.
Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
{Signatures on the following page}
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Ord. No. 05-23, Item 6.1, Adopted 09/05/2023 Page 3 of 3
PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following
vote:
AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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