HomeMy WebLinkAboutOrd 06-96 Land DedicationORDINANCE NO. 6- 96
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 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 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. For 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.
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.
Therefore:
A = 2.0 x ..0035 = .007 acres per unit (for community parks)
A = 2.0 x .0015 = .003 acres per unit (for neighborhood parks)
O, OtO
A (Total) =z0.A~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.
SECTION 2. Section 9.28.050 of the Dublin Municipal Code is hereby amended to read as
follows:
9.28.050 Calculation of In-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.
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 ofthe final subdivision map and
shall be calculated as follows:
FEE=AxBxC
D
.Al,
"B"
tlCll
ltD.
is defined above.
is defined above.
is the current market value of the developable acreage of the area to be subdivided.
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.
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 (½) 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
taking 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. 32-96.
SECTION 7. The City Clerk of the City of Dublin shall cause this ordinance to be published or to
be 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:
Councilmembers Barnes, Burton, Moffatt and Mayor Houston
NOES: None
ABSENT:
Councilmember Howard
ABSTAIN: None
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