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Home My WebLink About6.3 AmendMuniCdChp9.28 .. .. . CITY CLERK File # D[3][Q][QJ-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 12, 1996 SUBJECT: CONTINUED PUBLIC HEARING: Amendment to Chapter 9.28 of the Dublin Municipal Code - Quimby Act Ordinance. Report Prepared by: Diane Lowart, Parks & Community Services Director EXIllBITS ATTACHED: Ordinance Amending Sections 9.28.040, 9.28.050 and 9.28.060 of the Dublin Municipal Code RECOMMENDATION' J 1. Open Public Hearing ...~ ~ 2. Receive Staff presentation and public testimony CXl /. I ~I 3. Question Staff and the public UV 4. Close Public Hearing and deliberate 5. Waive reading and introduce Ordinance FINANCIAL STATEMENT: None DESCRIPTION: On February 13, 1996, the City Council opened a Public Hearing to consider proposed amendments to Chapter 9.28 of the Dublin Municipal Code (Quimby Act Ordinance). As amendments to the Quimby Act Ordinance were related to the proposed Public Facilities Fee and as the Public Hearing on the Public Facilities Fee was continued in order to arrange a meeting with the development community, the Public Hearing on the amendments to the Quimby Act Ordinance was continued as well. Background Chapter 9.28 of the Dublin Municipal Code (Quimby Act Ordinance) is enacted pursuant to authority granted by Section 66477 of the Government Code of the State of California. This chapter requires that each subdivider of land classified by the City of Dublin zoning ordinance for residential use shall as a condition to filing a final subdivision map dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for neighborhood and community park or recreational purposes. Chapter 7.78 of the Dublin Municipal Code is enacted pursuant to authority granted by Section 65913.2 of the Government Code of the .State of California. This chapter establishes a public facilities fee to pay for municipally owned public facilities including neighborhood and community parks. In order to insure that new development is not "double-charged" for neighborhood and community park lands once the public facilities fee becomes effective, it is desirable to amend Chapter 9.28 of the Municipal Code. Proposed amendments to the ordinance pertain to the amount of land to be dedicated, the calculation of in-lieu fees, and credits for open space and recreational facilities. COPIES TO: F: \ccmtgs\cc312qmb.doc ITEM NO. iJ. 7 Amount orLand to be Dedicated (Section 9.28.040) The current ordinance provides for the dedication of 5.0 acres of park area per one thousand people or .005 acres per person. With the adoption of the Parks and Recreation Master Plan in July of 1994, this standard was split between neighborhood parks at 1.5 acres per one thousand people and community parkS. 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 amount of park area to be dedicated per dwelling unit to conform with this split. Additionally the amount 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, i.e. detached single-family versus attached single-family, duplex or multifamily units, densities have been assigned based on the number of units to be constructed per acre. Calculation orIn-Lieu Fees (Section 9.28.05Q) The current ordinance establishes a formula to be used where fees are required by the City to be paid in lieu 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 remaining portion of the City, the fee for community parks shall be equal to the fee for "Community 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 situatio~ wher~ .~e Quimby Act fee (pay~ble at ~al.map). is one amount and the park land component of .. the PublIc FaCIlIties Fee (payable at finallllSpection) IS a different amount. . .~. Credits (Section 9.28.06Q) 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: 1) 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 introduce the Ordinance. In the event that the Public Facilities Fee is not adopted at this meeting, it is recommended that the City Council continue the Public Hearing to the next meeting where the Public Facilities Fee will be considered. . 133/07/96 14: 14 ." .. e, From: 15101234567 Page 2 of 6 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 HJLLOWS: SECTION 1. Section 9.28.040 of the Dublin Municipal Code is hereby amended to read as follows: 9~'2B20~O ....................,.... . ~i611itt;5.tI~tt~a;mi,;fi6Imdi~tm .-.....,.--.--.......-....,...............'.................,..,.,---.......-.....-............,............-..,..,...........'.-.--......-..-.. It is hereby found and detennined that the public interest, convenience, health, safely and welfare require Ulal five (5) acres of properly of each one UlOusand (1,000) persons residing within tlle city be devoted to local park and recreational pillposes. TIle amount of land to be dedicated, Ol" feeo to be paid, ohall bear a reaoonable mlationohip to the use of the parkCiI1dr:ecreC:ltlonfa<:P:itie,s by th~ future inhabitants of the subdivision andW;;.:.lmlli.ll~lml.llil'[;li[.f!I,IB~m9!l~llishall be the amount calculated from the following formula: LAND = AxB FEE A x 13 x C 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 thou~and ( I ,000) pe.ople. of the. city. 2. TIte park a~nd l'Ct..'l'CaLio~n a1'Ca l'CQull'Cd per dwelfutg mril, A, is eSlablished as follows: 1 03/07/96 14: 14 From: 15101234567 Page 3 of 6 d~sigri~f~qirtfu:~~~~~~11~~![~~~~~$~~r$~~~~91~1~~~~i~;~:~~~~~ i:icre, each unit is assigned 3.2 people. . Therefore: A = 3.2 x .005~~~~ = .0 16Q~i!g' acres per unit .~~9!i~~~~~;P~r!$~}. ~;;~j'18~:~+~~,!ij!~!+~I~~~SF~;:~~i~~,:i;{:~g~~~;~kg~~~~g~J ~jtjTIbtAIS;~IifJil161~eJis8riet1tfuit ,;",~;,_",;,:,;\"::,;,;,:".;::.:.:.;.;.;,,,::;,;::,::i~,;:.::..:;:.:,..:;..::.;::.::;.;;:.:;;.::;.::;.:::.:;:.;::.;,;.:.;...:.;;;.;.;.;;;.:;;..;:.:::.:;;.....:l..~:..:.;::':.:.~:.~~~:.;':.'.'.:.:.;.;.;.:.:.:. rr~_1e~~~~1 Therefore: A = 2.0 x .005;~~1~ = :tHB..1 acres per muL ~f-9l~gi~;m~flm~ im.;.:;f~~~jlir.;'lllj1Ij!;g~J.II~~tlf.f0{II~l![nr.g!i!!~iI.t.lgll~~~i mIII~II]li:illIllI.11m! . B. "B" means the number of dwelling units in the proposed subdivision. For the prnpose of this section, the number of dwelling units in the proposed subdivision shall be detennined 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 tCflUl.tivc ~ 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 dvv.~~g units shall equal the number of condominium units indk.ated on the tf.ntativc. ij1ii~l map. For planned development pmjec.ts, the numher of dwelling units shall equal the number of dwelling units indicated on the approved planned development plan. C. "C" means the current market -;alae of the developable acreage of the area to be subdhidcd. D. "D" InGtIlS lhc dCvdop~blc ~crc~gc of llLc ~rc~ Lo be subdivided. (Orel. 1 91 S 1 (8 7.3)) 2 . B/Oi/96 14: 14 .: e;:. . From: 15H1l234567 Page 4 of 6 SECTION 2. Section 9.28.050 of the Dublin Municipal Code is hereby amended to read as follows: g~g~#Q~9 ~~~~!~~E~~~riij~i~~'~~~~ such fees shall ':ere fees are"E~~uired ~~)!he~~ty~~ltli;~;*~I~~~~~mi~n, ". , .. ..... pr:elii ~' ased on the current market v;}~~;;rth; developable acreage of the area to be subdivided as determined by the Director of Public Works and Plannin Director at the time of approval of the final subdivision map Inl F~I~~l!' . ... "~I ~:.:::.:::<::.:::.:::.:;:;::.:::.~ il~R i~ilili~f~il~~~~etgiip~g~!K~ljmjlji!:i~qit~:i:~iJ:~ 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 detennining the current market value. All costs required to obtain such appraisal shall be bome by the subdivider. (OreL 1 (Jl ~ 1 (B +:4J7 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 iil~~~~~~:~ tsat least one-half (1;2) acre in area with its smallest dimension being at least one hundred feet (100') clear excluding yaros and setbacks normally required by zoning provisions; SECTION 4. Section 9.28.060, subdivision B, subdivision (3) of the 3 03/07/95 14:14 From: 15101234567 Page -5 of 6 . Dublin Municipal Code is hereby amended to read as follows: Private open space and ~~~:qqJ:i~ facilities are suitable for active park and recreation purposes taking int()consideration such factors as shape, topography, access, and improvements proposed; ~g SECTION 5. Section 9.28.060, subdivision B, subdivision (4) of the Dublin Municipal Code is hereby amended to read as follows: II.....c".~'T~~~iB]i~1IiE~ii~~,'~~~~~m9~~!imE~~~~lkre in acc~.:~..~~~.,~: principles and standards for local parks contain~d in th~ park and rc.crc.Mion"'.""}$;"':,:md~m~nt of the city of Dublin general plan J.Jt~mfi!l~~~~rmt.""","."".,. (Ord. 1- 9191 (8-7.5)) SECTION 6. This ordinance will be effective on the effective date of the Public Facilities Fee, as adopted by Resolution No. SECTION 7. TIle Cily Clerk of lhe Cily of Dublin shall cause lhis 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 _ day of , 1996, by vote as follows: AYES: NOES: ABSENT: ABS'fAlN: MAYOR ATTEST: CITY CLERK EHS:rja J:\ WPD\MNRSW\114\ORD\9-28-040.RDL . .:. . . ..