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HomeMy WebLinkAboutORD NO 4043ORDINANCE NO. 4:0 ,l 3 AN ORDINANCE AMENDING CHAPTERS 13.04.021 AND 13.04.22 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO POLICY AND APPLICATION PROCESS BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapters 13.04.021 and 13.04.022 are hereby amended to read as follows: 13.04.021 Policy. It is the policy of the city of Bakersfield to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city. (Ord. 3714 § 1, 1996). 13.04.022 Application process. A. No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver. B. In order to implement the provisions of section A. herein, all developments shall form a maintenance district at the time of application for a tentative map or parcel map waiver. C. At the time of request of formation of a maintenance district, all costs associated with the formation of the district shall be paid in accordance with the provisions of Section 13.04.075 herein. D. On or about July 1st of each year, any maintenance districts formed during the preceding fiscal year may be merged, at the discretion of the city council, with the existing metro-wide consolidated maintenance district. (Ord. 3714 § 2, 1996). SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ..... ooOoo ..... Page 1 of 2 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JAN 9 2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER ~-~,~-- COUNCILMEMBER ¢a~',~ . CITY CLERK and EX OFFICIO(~ the Council of the City of Bakersfield APPROVED: JAN 9 By: ~I~I'Y O F BAKERsFIR~E~/L HALI"~M~Dr APPROVED AS TO FORM: BART J. THILTGEN City Attorney,.? VII~INIA GI~NI~IARO Deputy City Attorney VG:alj S:\COUNClL\Ords\I 3.O4Amnd. MaintenanceDistdct.wpd Page 2 of 2 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 10th day of January , 2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4043 , passed by the Bakersfield City Council at a meeting held on the 9th day of January 2002 and entitled: AN ORDINANCE AMENDING CHAPTERS 13.04.021 AND 13.04.22 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO POLICY AND APPLICATION PROCESS. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield