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Home My WebLink About6.4 AmndChptr9.28MuniCodeCITY CLERK AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 13, 1996 SUBJECT: EXHIBITS ATTACHED: RECOMMENDATION: PUBLIC HEARING: Amendment to Chapter 9.28 of the Dublin Municipal Code - Quimby Act Ordinance. Report _Prepared by: Diane Lowart, _Parks & Community Services Director Ordinance Amending Sections 9.28.040, 9.28.050 and 9.28.060 of th~ Dublin Municipal Code 1. Open Public Hearing 2. Receive Staffpresentation and public testimony 3. Question Staff and the public 4. Close Public Hearing and deliberate 5. Waive reading and introduce Ordinance FINANCIAL STATEMEhVI': None DESCRIPTION: 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 sphce and recreational facilities. Amount of Land 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 Par'ks and Recreation Master Plan in July of 1994, tl'fis standard was split between neighborhood par~ at 1.5 acres per one thousand people and community pm'ks at 3.5 acres per one thousand people. F:\ccmtgs\cc213qm b.doc COPIES TO: ITEM NO. .Amendments to Section 9.28.040 reflect the split between neighborhood parks and communiU, parks and revise the calculations for amount of park area to be dedicated per dwelling unit to conform vdth this split. Calculation of In-Lieu Fees (Section 9.28.050) 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 Par'ks, 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 situation where the Quimby Act fee (payable at final map) is one amount and the park land component of the Public Facilities Fee (payable at final inspection) is a different amount. Credits (Section 9.28.060) 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 del/berate; 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. 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 mad as follows: 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 (I ,000) persons residing within the city be devoted ro local park and recreational purposes. The amou. m of land [o be dedicated, or fees to be paid, shall bear a reasonable relationship to the use of the park and recreation facilities b~ the futura hdmbitants of the subdivision artd2~e::i~;~rtiO~t!:iof:~CI!i~o;:~'f:fle~cated::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 (I,000) people of the city. 1. The park area of the city is determined 1o be 5.0 acres per one thousand (1,000) people, or .005 acres per person~ifi'~chiiii~:i~ :~-~~~ ...... ,.,~:~---,.-.-,.~,.,,:-:,,:::: :.::~-:r'.*..-:-:~::,:~.,*':*-~~:~::-'~,:::~'~:: ,.:.*~ :,,:~';x~:~:~:~:~;j:~:~ ~55~:~:~:~:~:~:? ::~?~:~¢:~¢;~'::: ~.~":'~:7:~%~:~'~4~:~:~:~)~:~"~ .'*~: ........... 2. The park and recu'eation area required per dwelling unit, A, is established as follows: a. For detached sh~gle-fanfily dwellh~g malts, ead~ mdt is assigned 3.2 people. Therefore: A = 3.2 x vv_,~ .................................................................... b. For attached single-family, duplex or multifarnily dwelling units, each unit is assigned 2.0 people. Therefbre: acres . B. "B" means Lite xmmber of dwelling malts in the proposed subdivision. For the purpose of this section, the ntmzber of dwelling malts ht rite proposed subdivision shall be detenmined as follows: In a~x:as zoned for one (1) dwelling unit per lot or parcel, the number of dwelling units shall equal the number of parcels indicated on the tentative ~ map. Vghen the subdivision is located in an area zoned for multiple dwelling ~'~;: per parcel, thc numbcr of dwelling units shall equal thc rna 'ximum number of dwelling units allowed under that zone. For residential condominium projects, the number of dw.~g units shall equal the number of condominium units indicated on the tentative ~ map. For planned development projects, the number of dwelling units shall equal the number of dwelling units indicated on the approved planned development plan. C. "C" means t~,c c-d~--zcr, t ...................... l° ......... S ........... 91[ _SECTION__ 2. Section 9.28.050 of the Dublin Mtmicipal Code is hereby amended to read as follows: VVhere fees axe requh'ed by the city to be paid in lieu of land dedication, ~j!)7~{::;:~{~:~~:~$~?~:~~4based on Ce c~ent ~met value of me developable a~age of fire ama to be sub~vided as deten~ed by dte D~ctor of PubBc...._...... Works and Pla~g D~or at ~e ~e of appmvM of ~e From sub.vision ~p ~ If the s~hdivider objects tn The determination of rmTent market vahw. the s~hdiv/der may requem the city to ohlain an appraisal of the pmpergr hy a q~mlified real estate appraiser mutually agreed upon by the city and the subdivider, which appraisal will be considered by the city in dctcrmining the currcnt markct value. All costs required to obtain such appraisal shall be borne by the subdivider,k'r~-J 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 ~~[~~~ isat 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 zoriing provisions; SEC_~IiOJN~. Section 9.28.060, subdivision B, subdivision (3) of the Dublin Municipal Code is hereby amended to read as follows: Private open space and ~~'~'*~: facilities are suitable for active park and recreation purposes taking into consideration sUch factors as shape, topography, access, and ixnpmvements proposed; ~:~ 3 SECTION 5. Section 9.28.060, subdivision B, subdivision (4) of the Dublin Municipal Code is hereby amended to read as follows: and standards for local parks contained in the park and rccrcation ~~Ei~!iielement of the city of Dublin general plan ~~~'~:!~ ~~:7:~"(Ord. I- 9i § i (8-7.5)) SECTION 6. This ordinance will be eftbctive on the eftbctive date of the Public Fac//ities Fee, as adopted by Resolution No. ~F. eC~LLO2~. 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 ~fith Section 36933 of the Government Code of the State of Califorrda. 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: ABSTAIN: ATTEST: MAYOR CITY CLERK Et-IS:da J:\V~rPDgelNRSW~ 114\ORD\9-28-040.RDL 4