HomeMy WebLinkAboutORD NO 3646ORDINANCE NO. 8 6 4 6
AN ORDINANCE AMENDING CHAPTER 15.80 OF
TITLE FIFTEEN OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO PARK LAND REQUIREMENTS.
WHEREAS, in accordance with the procedure set forth in the provisions of the
Municipal Code of the City of Bakersfield, the Planning Commission held a public
hearing regarding the amendment of Title Fifteen of said code related to park land
requirements; and
WHEREAS, by Resolution No. 11-95 on February 16, 1995, the Planning
Commission recommended approval and adoption of said amendments and this Council
has fully considered the findings made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, it was determined the proposed project to be categorically exempt
from the California Environmental Quality Act (CEQA) pursuant to Section
15305(3)(d). Class 5. (Cross Reference City of Bakersfield Resolution No. 212-92); and
WHEREAS, the law and regulations relating to CEQA and City of Bakersfield's
CEQA Implementation Procedures, have been duly followed by city staff, the Planning
Commission and this Council: and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. This project to be categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15305(3)(d), Class 5. (Cross
Reference City of Bakersfield Resolution 212-92)
4. The ordinance amendments are consistent with the objectives, goals
and policies of the Metropolitan Bakersfield 2010 General Plan.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
All of the foregoing recitals are hereby found to be true and
correct.
SECTION 1.
Chapter 15.80 of the Bakersfield Municipal Code is hereby amended_to.
read as follows: c~< ~'~%~,9~p.<,
CHAPTER 15.80
DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH
FOR THE PURPOSES OF PARKS AND RECREATION LAND.
Sections:
15.80.010
15.80.020
15.80.030
15.80.040
15.80.050
15.80.060
15.80.070
15.80.080
15.80.090
15.80.100
15.80.110
15.80.120
15.80.130
15.80.140
15.80.150
15.80.160
15.80.170
15.80.180
15.80.190
15.80.200
Purpose.
Definitions.
Park land reservation and dedication authority.
Requirements.
Geueral standard.
Requirements for dedication.
Formula for amount of dedication or land.
Formula for amount of fees in lieu of land dedication.
Criteria for requiring both dedication and fee.
Determination of fair market value.
Determination of land and/or fee.
Credit for private park and/or recreation facility.
Time for dedication and/or fee.
Disposition of fees.
Subdivider improvelnents.
Access.
Sale of dedicated land.
North Bakersfield Recreation and Park District
Exemptions.
Appeals.
15.80.010 Purpose.
The purpose of this chapter is to promote the public health, safety and welfare by
establishing an orderly process for the dedication, reservation and acquisition of park land
within the city, pursuant to the authority granted by Section 66477 of the Government Code
of the State of California and Title 16 of the Bakersfield Municipal Code.
15.80.020 Definitions.
The words and phrases in this chapter shall have the following meanings:
A. "Advisory Agency". The Planning Commission shall constitute the Advisory
Agency for all proposed subdivisions pursuant to 15.80.050. The City Engineer, or his
designee shall constitute the Advisory Agency for any parcel map waiver.
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B. "Average Persons Per Dwelling Unit" (APPDU) means the number of persons per
dwelling unit by unit type as determined by the most recent available federal decennial
census.
C. "Fair Market Value" is defined in Section 15.80.100 which requires a written
appraisal report acceptable to the Planning Director; except as further defined in Section
15.80.080 (C) in the case where a park, which serves a subject subdivision, has been
acquired by the city prior to said subdivision.
D. "Subdivider" means a person, firm, corporation, partnership or association who
proposes to divide, divides or causes to be divided real property into a subdivision for
himself or for others.
15.80.030 Park land reservation and dedication authorin.
The Advisory Agency shall have the authority to locate, require reservation,
dedication of real property or a fee in-lieu, or a combination thereof, for the purpose of
supplying public parks and recreation facilities pursuant to this Chapter.
15.80.040 Reouirements.
Subdivisions. At the time of approval of the tentative map, parcel map, or parcel
map waiver dividing land for residential use, the Advisory Agency shall determine, pursuant
to this Chapter, the land required for dedication, reservation and/or in-lieu fee payment. As
a condition of approval of a final subdivision map, parcel map, or parcel map waiver, the
subdivider shall dedicate, reserve land, pay a fee in-lieu, or a combination thereof, at the
option of the Advisory Agency, for park or recreational purposes at the time and according
to the standards and formula contained in this Chapter. However, where there is a large
lot tentative or parcel map, such as lots consisting of approximately 20 acres or more, with
the intention of future subsequent subdivision, the requirements of this Chapter may be
deferred until the time of subsequent subdivision, subject to the Advisory Agency making
the following findings:
1. The subdivider has submitted to the Advisory Agency a written statement
indicating the intention to further subdivide each parcel or lot in accordance with State and
local regulations.
2. Deferral of the requirements of this Chapter until further subdivision will
provide the Advisory Agency more information to more accurately determine the location
of the park, acreage, configuration and access to the park.
3. Deferral of the requirements of this Chapter is not a detriment to the
public health, welfare or safety.
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15.80.050 General standard.
A. It is hereby found and determined the public interest, convenience, health,
welfare, and safety require that two and one-half (2-1/2) acres of usable real property for
each one thousand persons (calculated at .0025 acres per person) who will reside in the city
as a result of proposed development be devoted to park and recreational purposes.
B. All new single one family and multiple family dwelling subdivisions, parcel maps
and parcel map waivers within the City shall be subject to this Chapter, except as indicated
in Section 15.80.190.
C. The amount of land dedication or fees paid is based upon the residential density
set forth in Section 15.80.070 herein, which shall be determined on the basis of the general
standard, type of subdivision, parcel map or parcel map waiver, and the average persons per
dwelling unit.
15.80.060 Requirements for dedication.
Lands to be dedicated or reserved for park and/or recreational purposes shall be
suitable, in the opinion of the Advisory Agency in location, topography, environmental
characteristics and development potential as it relates to the intended use. The primary
intent of this section shall be construed to provide the land for functional park and
recreation units of community or neighborhood service.
15.80.070 Forlnula for dedication of land.
A. The subdivider shall dedicate land so that a park and its development shall be
sufficient in size, topography and design that bears a reasonable relationship to serve the
present and future needs of the residents of the subdivision and be consistent with the
policies of the General Plan.
B. The amount of land to be provided shall be determined pursuant to the following
formula:
TABLE 1
Park Land Dedication Formula
Number of
Dwelling Units X .0025 X APPDU =
Amount of Acre(s)
for Park Land
Dedication
C. The average person per dwelling unit shall be maintained by the Planning Director
and may be amended from time to time based on the most recent available federal
decennial census.
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D. For the purposes of this section, the number of new dwelling units shall be based
upon the number of buildable parcels indicated on the subdivision, when in an area zoned
for one dwelling unit per parcel. When all or part of the subdivision is located in an area
zoned for more than one dwelling unit per parcel, and the subdivision is for the
development of multiple family dwellings the number of proposed dwelling units in the area
so zoned shall equal 75 percent of the maximum allowed under that zone. Further, in the
case of a one family dwelling subdivision located within a multiple family dwelling zone,
then the number of one family dwelling units shall be the number of buildable parcels
indicated on the subdivision. Subsequent development of additional units shall require
payment of in lieu fees and/or dedication of land pursuant to this Chapter. In the case of
a condominium project, the number of new dwelling units shall be the number of
condominium units.
15.80.080
Formula for fees in-lieu of land dedication.
A. General Formula. When a fee is to be paid in-lieu of land dedication, the
subdivider shall, in-lieu of dedicating land, pay a fee equal to the value of the land which
would otherwise be required for dedication pursuant to Section 15.80.070. The amount of
in-lieu fee shall be determined in accordance with the following formula:
TABLE 2
In-Lieu Fee Formula
Number of Fair Market
Dwelling Units X .0025 X APPDU X Value Per
Buildable Acre
B. For the purposes of this section, the number of new dwelling units shall be based
upon the number of buildable parcels indicated on the subdivision, when in an area zoned
for one dwelling unit per parcel. When all or part of the subdivision is located in an area
zoned for more than one dwelling unit per parcel, the number of proposed dwelling units
in the area so zoned shall equal 75 percent of the maximum allowed under that zone, or the
maximum number of dwelling units allowed as approved by the City Council. Further, in
the case of a one family dwelling subdivision located within a multiple family dwelling zone,
then the number of one family dwelling units shall be the number of buildable parcels
indicated on the subdivision. Subsequent development of additional units shall require
payment of in-lieu fees and/or dedication of land pursuant to this Chapter.
C. The determination of the "Fair Market Value Per Buildable Acre" is defined in
Section 15.80.100, except when the City has acquired real property to serve as a park. If
the Planning Director determines that said acquired park would serve the subdivision or
property to be developed, then the per acre purchase or acquisition price paid by the City
for said real property on which the park is located shall be used as the value for the "Fair
Market Value Per Buildable Acre" in the formula stated in Section 15.80.080 (A).
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D. Fees in-lieu of land, fifty parcels or less. If the proposed subdivision contains fifty
parcels or less, and does not meet the requirements of Section 15.80.090(A), the subdivider
shall pay a fee equal to the land value of the portion of the park required to serve the needs
of residents of the proposed subdivision or property to be developed as prescribed in an
amount determined with the provisions of this Section 15.80.080.
E. However, nothing in this chapter shall prohibit the dedication and acceptance of
land for park and recreation purposes in subdivisions of fifty parcels or less or existing
parcel to be developed, where the subdivider proposes such dedication voluntarily and the
land is acceptable to the Advisory Agency.
F. Use of money. The money collected herein shall be used only for the purpose of
acquiring necessary land and developing new parks or rehabilitating or improving existing
parks or recreation facilities reasonably related to serving the development.
15.80.090 Criteria for requiring both dedication and fee.
A. When only a portion of a designated park site is located within land to be
subdivided, such portion shall be dedicated for local park purposes and a fee computed
pursuant to the provisions of Section 15.80.080 shall be paid for the value of any additional
land that would have been required to be dedicated pursuant to Section 15.80.070.
B. When a major part of a park site has previously been acquired by the City and
only a small portion of land is needed from the subdivision to be developed to complete the
site, such remaining portions shall be dedicated and a fee computed pursuant to the
provisions of Section 15.80.080. Such fees shall be used for the improvement of the park and
recreation facility or for the improvement of other parks and recreation facilities reasonably
related to the service of said development.
15.80.100 Determination of fair market value.
The fair market value of park land to be dedicated or of the property on
which in-lieu fees are to be paid shall be determined by a written appraisal report
acceptable to the Planning Director, or his designee, and prepared and signed by a qualified
appraiser acceptable to the Planning Director or his designee, in accordance with appraisal
standards and practices adopted by resolution of the City Council. If an appraiser or
appraisal report is not acceptable to the Planning Director, or his designee, he shall require
a new or updated appraisal from the subdivider. The costs of all appraisals shall be borne
by the subdivider.
The appraisal shall be based on the value of unimproved real property for the
land to be dedicated for park purposes serving said development, or if no specific park site
has been identified, then the appraisal shall be based on the value of the unimproved real
property to be subdivided; except as otherwise provided in Section 15.80.080 (C), when the
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City has acquired a park serving the subdivision. The appraisal shall be made no more than
90 days prior to the recordation of the final map for subdivisions, parcel maps, or
recordation of a Certificate of Compliance for parcel map waivers. If mutually agreed to
in writing by the Planning Director or his designee, and subdivider, an appraisal made
within six (6) months prior to recordation of the final map in the case of subdivisions, parcel
maps, or recordation of a Certificate of Compliance, may be used to determine Fair Market
Value. The subdivider shall submit such appraisal to the Planning Director, or his designee,
in sufficient time as the Planning Director establishes, prior to recordation of a final map
or Certificate of Compliance. If more than six (6) months elapses before recordation of the
final map or Certificate of Compliance, the Planning Director may require a new or updated
appraisal. If an appraiser or appraisal report is not acceptable to the Planning Director, or
his designee, he shall require a new or updated appraisal at the subdivider's expense.
15.80.110 Determination of land and/or fee.
Whether the Advisory Agency requires land reservation, dedication or elects to
require payment of a fee in-lieu thereof, or a combination thereof, shall be determined by
considering the following:
A. The adopted Park Element of the Metropolitan Bakersfield 2010 General Plan;
B. The topography, geology, soils, access, location, and general suitability of the land
in the subdivision available for dedication:
C. The size and shape of the subdivision and land available for dedication;
D. The feasibility of dedication; and
E. The location of existing and proposed park sites and trailways.
15.80.120 Credit for private park and/or recreation facility.
A. The Advisory Agency shall determine whether credit for private park and/or
recreation facilities may be given. Except for the provisions of Section 15.80.120(B), no
more than seven-tenths of one acre (0.7 acre) per one thousand population credit may be
given for private park and/or recreation facilities within a subdivision or development
providing the following standards are met:
1. Yard, court areas, setbacks and other open areas required by the zoning
and building ordinances and regulations shall not be included in the computation of such
credit;
2. The private ownership and maintenance of open space is adequately
provided for by recorded written agreement, covenants or restrictions approved by the City
Attorney:
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3. ~ae use of the private open space is restricted and preserved for park and
recreational purposes by recorded covenants, easement or other instrument approved by the
City Attorney, which run with the land in favor of the future owners of property within the
tract and which cannot be defeated or eliminated without the consent of the City Council;
4. The proposed private open space is reasonably adaptable for use for park
and recreational purposes taking into consideration such factors as size, shape, topography,
geology, access, and location of the private open space;
5. The facilities proposed are:
a. In substantial accordance with the provisions of the Park Element
of the Metropolitan Bakersfield 2010 General Plan, or adopted community or specific plans
or the Park Acquisition and Development Plan:
b. Are appropriate to the recreation needs of future residents of the
development;
c. Substantially comparable to the park and recreation lands otherwise
required to be dedicated in meeting the recreation needs of the residents; and
6. The private park and/or recreation facilities shall be developed and
maintained by the private property owners.
B. The Advisory Agency shall determine whether one hundred percent (100%) credit
may be given. Credit for the full amount of park land dedication and/or in-lieu fee shall
be based on the subdivider developing and constructing a public park in accordance to City
standards, including the facilities specified in the Parks Element of the Metropolitan
Bakersfield 2010 General Plan. Prior to recordation of any final map, the subdivider shall
enter into an agreement with the City which includes, but is not limited to, the subdivider's
responsibilities, date to complete construction of the park, concept design with proposed
facilities, bonding requirements as deemed necessary by the City Engineer and/or Parks
Superintendent, and transfer of real property title of the park to the city.
15.80.130 Time for dedication and/or fee.
A. At the time of approval of the tentative subdivision map, parcel map, or parcel
map waiver the Advisory Agency shall determine the land required for dedication. If the
Advisory Agency requires in-lieu payment by the subdivider, the Advisory Agency will set
the amount of land upon which the in-lieu fee will be based at the time of final map
approval.
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B. Prior to, or concurrently with, the recordation of the final subdivision map, parcel
map, or certificate of compliance, the subdivider shall dedicate the land free of
encumbrances to the City, and/or pay in-lieu fees, as required by the Advisory Agency.
Where Advisory Agency has determined that fees shall be paid in-lieu of, or in addition to
the dedication of land, the in-lieu fees shall be set based on the land dedication
requirements as established at the time of tentative map approval using current fair market
land values at the time of final map approval with the formula set forth in Section 15.80.080
and using the process for determining fair market value as set forth in Section 15.80.100.
C. For any approved subdivision for which fees are required as set forth in Section
15.80.080, the subdivider shall pay said fees in their entirety prior to the recordation of any
final subdivision map, parcel map, or final phase thereof, or certificate of compliance.
D. Open space, covenants, easements or other instruments for private park or
recreation facilities shall be submitted to the City Engineer and approved by the City
Attorney and Planning Director prior to the recordation of any final subdivision map or
parcel map and shall be recorded prior to or contemporaneously with the final subdivision
map, or parcel map, or certificate of compliance.
15.80.140 Disoosition of fees.
A. Fees paid pursuant to this chapter shall be paid to the City Treasurer and shall
be deposited in a special fund. Money in said fund, including accrued interest, shall be
expended solely for the purposes enumerated in this Chapter.
B. Collected fees shall be committed by the City Council within five years after
receipt of such fees or within five years after the issuance of building permits on one-half
of the lots created by the subdivision, whichever occurs later; provided, however, that if such
fees have not been so committed, the City Council shall, without any deductions, distribute
and pay unused fees to the then record owners of the subdivision in the same proportion
that the size of their lot bears to the total area of all lots within the subdivision.
C. The Finance Director shall render reports to the City Council annually by
including in the fiscal year budget or other annual report the amount of fees received, the
commitment of fees and fund balance.
15.80.150 Subdivider imorovements.
The value of on-site park and recreation improvements provided by the subdivider
to the dedicated land shall be credited against the fees or dedication of land required by this
chapter. The City Council reserves the right, after recommendation from the Advisory
Agency, to accept or reject such improvements prior to agreeing to accept the dedication
of land, and to require in-lieu fee payments should the land and improvements be
unacceptable.
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ORIGINAL
15.80.160 Access.
All land offered for dedication shall have access to at least two existing or proposed
public streets, preferably with land located adjacent to the intersection of said two streets.
A subdivider may request that only one street frontage be allowed. This request may be
approved by the Advisory Agency, and only if the Advisory Agency determines that only one
public street access is necessary for public safety, the maintenance of the park area or use
thereof by residents.
15.80.170 Sale of dedicated land.
If, during the ensuing time between dedication of land for park purposes and
commencement of first stage or development, circumstances arise which indicate another
site would be more suitable for park or recreational purposes serving the subdivision and
neighborhood (such as receipt of a gift of additional park land), the land may be sold or
traded for other land upon the approval of the City Council, after recommendation from
the Planning Commission. The resultant funds from a sale shall be used for purchase and
development of a more suitable park site. Surplus park land sold shall be subject to the
provisions of this Chapter.
15.80.180 North Bakersfield Recreation and Park District.
A. For those areas which are within the incorporated City boundaries and the
boundaries of the North Bakersfield Recreation and Park District, the park and recreation
requirements shall be those adopted and set by the District.
B. Upon annexation of territory of areas which are wholly included within the
boundaries of the North Bakersfield Recreation and Park District to the incorporated
boundaries, the District and the City shall act Jointly to ensure that the District continues
to provide all park and recreation services to such areas. The District and City shall enter
into an agreement to establish:
1. Duties and responsibilities of the District;
2. Duties and responsibilities of the City; and
3. Application of park land dedication, in-lieu fees, and/or both.
15.80.190 Exemotions.
The provisions of this chapter shall not apply to the following:
A. Subdivisions or development within the boundaries of the North Bakersfield
Recreation and Park District. Such subdivisions or development shall meet the requirements
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of the North Bakersfield Recreation and Park District as mutually agreed upon between the
District and the City.
B. Commercial, retail, office, and industrial subdivisions and uses with no residential
development or uses. In-lieu fees shall be required where a residential dwelling unit is con-
structed in conjunction with commercial or industrial subdivisions.
C. Condominium projects or stock cooperatives which consist of the subdivision of
airspace in an existing apartment building which is more than five years old and when no
new dwelling units are added.
D. Reconstruction, rehabilitation, remodel or replacement of a residential structure,
provided the replacement structure is the same type of unit, does not create additional
residential units, and is substantially the same size as the structure it replaces.
E. Subdivisions or development for which park dedication requirements have
previously been met and evidence acceptable to the City is submitted by the subdivider.
However, subsequent division of such parcels may require dedications, in-lieu fees and/or
both as set forth in this Chapter.
15.80.200 Appeal.
The determination of the Advisory Agency pursuant to this Chapter shall be subject
to appeal procedures to the City Council set forth in Chapter 16.52.
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.
......... O00 .........
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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
APR ~ ~ , by the following vote:
AYES; COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTr, ROWLES, ~lB/, SALV/~)GIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
Assistant CITY CLERK and
Ex Officio Cle
the
Council of the City of Bakersfield'
APPROVED APR t
BOB ~E
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATFORNEY
LAURA C. MARINO
ASSISTANT CITY ATTORNEY
JE:pjt
February 23, 1995
res\opkord.cc
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
CAROL WILLIAMS, 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 24th day of April, 1995
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3646, passed by the
Bakersfield City Council at a meeting held on the 19th day of
April, 1995, and entitled:
AN ORDINANCE AMENDING CHAPTER 15.80 OF TITLE
FIFTEEN OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO PARK LAND REQUIREMENTS
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield