HomeMy WebLinkAboutORD NO 3713ORDINANCE NO. B 7 1 3
AN ORDINANCE AMENDING TITLE TWELVE OF THE
BAKERSFIELD MUNICIPAL CODE BY ADDING CHAPTER
12.64 RELATED TO THE SPECIFIC TRAILS PLAN.
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 adopting Chapter 12.64 of Title Twelve of said code related to Specific Trails Plan
requirements: and
WHEREAS, by Resolution No. 81-95 on October 19, 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, for the above described project, an initial study was conducted and it
was determined the proposed project would not have a significant effect on the environment and
a Negative Declaration was prepared and posted on June 1% 1995 and September 1. 1995. in
accordance with the Calitbrnia Environmental Quality Act (CEQA); 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 of Bakersfield recognizes planning for trails and support
facilities provides a benefit for its residents consistent with the policies of the Metropolitan
Bakersfield 2010 General Plan: and
WHEREAS, a Specific Trails Plan containing policies, standards, identification of
trail alignments and support facilities, financing and typical design standards has been prepared
and adopted by the City Council: and
WHEREAS, on January 10, 1996, the City Council referred the Specific Trails
Plan and related ordinance to the Urban Development Committee for further review; and
WHEREAS, the Urban Development Committee discussed said items in meetings
held, January 17 and 29. 1996; and
WHEREAS, the Urban Development Committee submitted a report to the City
Council recommending approval of the Specific Trails Plan and related ordinance adding
A, and
Chapter 12.64, as attached as Exhibit .....
WHEREAS, the City Council, through the City Clerk, did set, WEDNESDAY,
MARCH 6, 1996, at the hour of 7 p.m. in the Council Chambers of City Hall, 1501 Truxtun
Avenue, Bakersfield, California, as the time and place for a public hearing before said Council
on said items. and said public hearing was held in the manner set forth in the Bakersfield
Municipal Code and State Government Code; and
WHEREAS, the Specific Trails Plan has provided that trail land is a 0.5 acre per
1000 population credit toward the park land requirement for the Phase 1 planning area;
WHEREAS, the park land requirement for the Phase 1 planning area is 2 acres
per 1000 population because of said credit: and
WHEREAS, the amount of the fcc to develop and improve parks is to be
proportionately reduced, as set by separate resolution: and
WHEREAS, it is anticipated that the combined amount of the fees for the park
and trail development and improvement to be commensurate with the amount set for developing
and improving parks at the standard of 2.5 acres per 1000 population; and
WHEREAS, Specific Trails Plan requires an implementation ordinance and
resolution; and
WHEREAS, amendment to Title 12 of the Bakersfield Municipal Code to add
Section 12.64, attached as Exhibit "A." effectively implements the Specific Trails Plan; and
findings:
WHEREAS, the City Council has considered and hereby makes the following
2.
3.
4.
5.
The above recitals, incorporated herein. are true and correct.
All required public notices have been given.
The provisions of CEQA have been followed.
The Negative Declaration is hereby approved.
The ordinance is consistent with the objectives, goals and policies of the
Metropolitan Bakersfield 2010 General Plan.
6. The purpose of the fee is to provide for the acquisition and improvement
of trails and support facilities as identified in Phase 1 of the Specific Trails Plan. (G.C. Section
66001(a)(1) and 66001(a)(2).)
7. There is a reasonable relationship between the fee's use and the type of
development project on which the fee is imposed. (G.C. Section 66001(a)(3))
8. There is a reasonable relationship between the need for the public facility
and the type of development project on which the fee is imposed. (G.C. Section 66001 (a)(4))
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
follows:
SECTION 1.
Chapter 12.64 of is hereby added to the Bakersfield Municipal Code to read as
CHAPTER 12.64
SPECIFIC TRAILS PLAN.
BE IT ORDAINED by the Council of thc City of Bakersfield as tbllows:.
12.64.010
12.64.020
12.64.030
12.64.040
12.64.050
12.64.060
12.64.070
12.64.080
12.64.090
12.64.100
12.64.110
12.64.120
12.64.130
12.64.140
12.64.150
12.64.160
Sections:
Purpose.
Definitions.
Dedication, reservation, and improvement authority.
Requirements.
Standard.
Requirements for dedication and improvement.
Formula for amount of dedication of land.
Formula for amount of fees in-lieu of land dedication.
Criteria for requiring dedication and fee.
Determination of fair market value.
Formula for amount of fees in-lieu of improvement
Credit.
Disposition of fees.
Sale of dedicated land.
Exemptions.
Appeals.
12.64.010 Purpose.
The purpose of this chapter is to promote the public health. safety and welfare by
establishing an orderly process tbr the dedication. reservation, acquisition and improvement
of trails and reservation of support facilities within the city, pursuant to the Specific Trails Plan.
12.64.020 Definitions.
A. "Advisory Agency". The following bodies shall constitute the Advisory Agency for
projects subject to this Chapter;
1. For projects subject to Bakersfield Municipal Code Title 16. the advisory agency
shall be as defined by Section 16.08.020 of said Title;
2. For general plan or specific plan amendments. zone changes, or other permits
"development" approvals not specifically listed in this section. the Planning Commission shall be the
advisory agency.
3. For projects subject to the authority of the Board of Zoning Adjustment, such as
Conditional Use Permits or Modifications, the Board of Zoning Adjustment shall be the advisory
agency;
4. For grading plans, site plan review, building permits or other ministerial permits,
the planning director shall be the advisory agency.
B. ~Applicant" means a person, firm. corporation. partnership or association who proposes
to develop or causes to be develop and/or use real property as defined in "development" for himself
or for others.
C. "Development". Development means any action taken requiring a permit or application
to seek amendment, approval or authorization under provisions of any grading, zoning, parcel map,
or final map subdivision ordinance, including actions, such as grading permit approval. zoning
change, conditional use permit. modification, variance, tentative parcel map approval, and tentative
subdivision map approval. It also means converting an existing legal land use entitlement to another
specific purpose by altering the intended density, intensity or use of an existing authorized
entitlement.
D. "Fair Market Value" is defined in Bakersfield Municipal Code Section 15.80.100 which
requires a written appraisal report acceptable to the Planning Director; except as further defined in
Section 12.64.100 (B) in the case where a trail or support facility, which serves a subject phase, has
been acquired by the city prior to said development.
E. "Phase of the Specific Trails Plan". A "phase" of the Specific Trails Plan identifies the
locality of an area planned for trails and support facilities.
F. ~Specific Trails Plan". A planning document adopted by the City Council for the purpose
of setting policy and identifying trails and support facilities within the city.
12.64.030 Dedication. reservation, and improvement authority.
The Advisory Agency shall have the authority to and shall determine precise location, require
reservation, dedication of real property or payment of a fee in-lieu, or a combination thereof, for
the purpose of providing land for public trails pursuant to this Chapter and the adopted Specific
Trails Plan. The Advisory Agency shall have authority to require reservation of real property for
the purpose of a trail support facility, including but not limited to a public parking area.
Also. if determined by the Advisory Agency that improvement by an applicant would benefit
the development expediently and effectively, the Advisory Agency shall have the authority to require
improvement, payment of fee in-lieu, or combination thereof with approval of the said development
permit. for the purpose of improving public trails pursuant to this Chapter and the adopted Specific
Trails Plan. If the Advisory Agency does not make such determination at the time of approval of
the development, then the development shall be subject to pay the fee in-lieu of improvement
pursuant to this Chapter. at the time no later than issuance of a building permit.
12.64.040 Reauirements.
At the time of approval of a development. the Advisory Agency shall determine, pursuant
to this Chapter. the land required for dedication. reservation. improvement, in-lieu fee payment
and/or combination thereof. As a condition of approval of a development, the applicant shall
dedicate. reserve land. improve, pay a fee in-lieu, or a combination thereof, at the option of the
Advisory Agency. for trail purposes. and reserve land tbr support facilities, if appropriate, according
to the formulas contained in this Chapter and standards of the Specific Trails Plan.
12.64.050 Standard.
A. It is hereby found and determined the public interest. convenience, health, welfare, and
safety for the benefit of persons residing in the city as a result of proposed development require land
devoted to trails and support facilities, as adopted by a Specific Trails Plan.
B. All new residential dwelling developments within the city shall be subject to this Chapter,
except as indicated in Section 12.64.180.
C. The amount of dedication. improvement. or fees paid is based upon the formulas set
forth in this Chapter, which shall be determined on the basis of the standard for each phase of the
Specific Trails Plan. A resolution shall be adopted for each phase which establishes the amount of
fee for each phase.
D. Commercial. industrial and non-residential developments shall be required to reserve
trails and support facilities that are located on said property.
12.64.060 Reauirements for dedication.
A. Lands to be dedicated or reserved for trail or reserved for support facility purposes
shall be suitable. in the opinion of the Advisory Agency in location. topography, environmental
characteristics. development potential, and consistent with the Specific Trails Plan as it relates to the
intended use. The primary intent of this section shall be construed to provide the land for functional
trails and support facilities for community service.
B. At the time of approval of a development as defined in this chapter, the Advisory Agency
shall determine the amount of land required for dedication. If the Advisory Agency requires in-lieu
payment by the applicant, the Advisory Agency will set the rate or amount of land upon which the
in-lieu fee will be based.
C. Prior to, or concurrently with, final approval of a development project, the applicant 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 pursuant to this chapter.
12.64.070 Formula for dedication of land.
A. The applicant shall dedicate land so that a trail 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 development and be consistent with the policies of the Specific Trails
Plan.
B. The proportional amount of land for trails to be required for each residential
development shall be calculated pursuant to the tbllowing Formula A:
FORMULA A
Amount Required For Trail Dedication
Number of Phase Standard for Amount Square Feet of
Dwelling Units X Trails by Type of = Trail Dedication
Dwelling Unit
C. For the purposes of this section. the number of new dwelling units for property
designated for residential development on the Metropolitan Bakersfield 2010 General Plan shall be
based on densities as described for each phase of the Specific Trails Plan. All subdivisions adding
residential units and subsequent development of additional units shall require payment of in lieu fees
and/or dedication of land pursuant to this chapter.
12.64.080 Formula for fee in-lieu of dedication.
A. When a fee is to be paid in-lieu of land dedication, the applicant 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 12.64.070. The fee for land shall be paid prior to or
contemporancously with recordation of a final map, issuance of a permit or approval of any
application as defined as a "development" project. The total amount may be rounded to the nearest
whole dollar. The amount of in-lieu fee shall be determined in accordance with the following
Formula B:
FORMULA B
Formula for Fee in-Lieu of Trail Dedication
Number of Phase Standard Fair Market Amount of
Dwelling X for Trail by X Value of Land = In-Lieu Fee
Units Type of (per Square Foot) Required for
Dwelling Unit Trail
B. Said in-lieu fee collected and accrued interest shall be used primarily to acquire necessary
trails. The second priority of said monies shall be to improve and enhance trail facilities for said
phase as shown in the Specific Trails Plan.
12.64.090 Criteria for retluirint~ both dedication and fee.
A. When a portion of a trail is located within land to be developed, and such portion is less
than the amount of dedication required pursuant to Section 12.64.070, applicant shall dedicate said
portion of trail, and a fee computed pursuant to the provisions of Section 12.64.080 shall be paid
for the value of any additional land that would have been required to be dedicated pursuant to
Section 12.64.070.
12.64.100 Determination of fair market value.
A. The fair market value of 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 in accordance with Section 15.80.100
of the Bakersfield Municipal Code; except as follows;
B. In the case where a trail serving a phase. has been acquired by the city prior to said
development, and the Planning Director has determined that said acquisition has not or does not
satisf~ another development's requirements pursuant to this Chapter, then, the determination of the
"Fair Market Value" used in the formula herein is defined as the purchase or acquisition price paid
by the city for said real property on which the trail is located.
12.64.110 Formula for fee in-lieu of trail improvement.
A. When a fee is to be paid in-lieu of improvement, the applicant shall, in-lieu Of improving
trail, pay a fee equal to the value of improving the amount of land as calculated
pursuant to Section 12.64.070. The fee for improvement shall be paid prior to or contemporaneously
with issuance of a building permit for a residential dwelling unit. The total amount may be rounded
to the nearest whole dollar. The amount of in-lieu fee shall be determined in accordance with the
following Formula C:
FORMULA C
Formula For Fee In-Lieu of Trail Improvement
Phase Standard
for Trail per Type
of Dwelling Unit
Trail Improvement
X Cost per
Square Foot
Amount of
= Improvement Fee
Required for Trails
per Dwelling Unit
B. The city engineer shall establish. and from time to time, may review and revise the
construction and improvement costs of trails used in Formula C in order to make cost adjustments
due to inflation, updated labor and material costs, revision of design standard. or other related
factors. The city engineer shall keep this cost information on file in his office available for public
inspection.
C. The in-lieu fee collected and any accrued interest shall be used primarily for the purpose
of constructing and improving trails. Construction and improvement of trails may be combined with
the construction of parks serving the planning area to provide for an integrated recreational facility.
Secondarily. the in-lieu fee may be used to acquire trail facilities.
7
12.64.120 Credit.
An applicant may make written request to the city tbr credit of trails and/or support facilities
and/or improvements to be applied to future development projects within the phase planning area
by providing all or a portion of trails. support facilities and/or improvements. Said request shall be
in accordance with the guidelines and policies stated in the Specific Trails Plan.
12.64.130 Dislmsition 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. Disposition of collected fees shall be subject to the provisions of Section 66001, or its
successor section, of the Government Code.
C. The Finance Director, or his designee, 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.
12.64.140 Sale of dmlicated land.
If, during the ensuing time between dedication or acquisition of land for Specific Trails Plan
purposes and commencement of first stage or development, circumstances arise which indicate
another site would be more suitable for trail purposes serving the phase planning area, 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 trail facility.
12.64.150 Exeml~tions.
The tbllowing shall be exempt from the provisions of this Chapter:
A. Reconstruction. rehabilitation. remodel or replacement of a residential dwelling unit,
provided that 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.
B. A development for which requirements tbr trail and support facilities pursuant to this
chapter have been previously met. and evidence acceptable to the Advisory Agency is provided by
the applicant. However, subsequent development of land may require additional dedication,
improvement and/or in-lieu fees as set forth in this Chapter.
12.64.160 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 bc 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.
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Baker,sfig, kl at a regular meeting thereof held on
MAR 2 0 .~_'3~ , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, RCWLES, S','LL' '~ '., !.Y~LVA(]GIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
A~SENT. COUNCILMEMBER ~._~ ~, ~0 .
Acting CITY CLERK and Ex Officio Cle~l~of the
Council of the City of Bakersfield/
APPROVED MAR ~ 0 1996
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
CARL HERNANDEZ
DEPUTY CITY ~i'fORNEY
JENG
February 20, 1996
res~ostp.c¢
10
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
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 21st day of March, 1996 she posted on the Bulletin Board at City HaH, a full, true and correct
copy of the following: Ordinance No. 3713, passed by the Bakersfield City Council at a meeting held
on the 20th day of March, 1996, and entitled:
AN ORDINANCE AMENDING TITLE TWELVE OF THE
BAKERSFIELD MUNICIPAL CODE BY ADDING CHAPTER
12.64 RELATED TO THE SPECIFIC TRAILS PLAN.
/s/ CAROl. WILLIAMS
City Clerk of the City of Bakersfield