HomeMy WebLinkAboutORD NO 4989ORDINANCE NO. 4 9 8 9
ORDINANCE AMENDING SECTION 16.32.060 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO TRACT
IMPROVEMENTS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 16.32.060, Sub -section F(1) of the Bakersfield Municipal Code is
hereby amended to read as follows:
Chapter 16.32 IMPROVEMENTS
16.32.060 Tract map improvements—In subdivisions for which final tract map is
required.
F. Bridge Crossings and Major Thoroughfares.
1. Prior to filing any final tract or parcel map or issuance of a building
permit, fees may be assessed and collected pursuant to Section 66484 of the
California Government Code for the purpose of defraying the actual or estimated
costs of constructing the following bridge crossings or major thoroughfares
identified in the transportation or flood control provisions of the circulation
element of the Metropolitan Bakersfield 2010 General Plan:
a. Ashe Road planned bridge and major thoroughfare area;
b. Hageman Road planned major thoroughfare area;
c. Miramonte Drive—Chase Avenue planned major thoroughfare area;
d. Panama—Buena Vista Bridge and major thoroughfare area;
e. West Beltway planned major thoroughfare area;
f. West Ming—Kern River Canal Bridge District;
g. Taft Highway—Farmer's Canal Bridge District;
h. East Panama Lane—Central Canal (North Half) Bridge District.
2. In order for such fees to be assessed and collected, the following
requirements must be met:
a. The bridge or thoroughfares for which costs are to be assessed are
identified in the transportation or flood control provisions of the circulation
element of the Metropolitan Bakersfield 2010 General Plan. The primary
purpose of the major thoroughfares is to carry through traffic and provide
a network connecting to the state highway system.
b. A public hearing pursuant to Government Code Section 66484(a)(2)
and JJ shall be held by the council for each area benefited, and the
oFgANF9N
-- Page 1 of 3 Pages -- 0ORIG:trAL
boundaries of each such area, costs, and method of fee apportionment
shall be set forth in a resolution to be adopted by the council.
c. Payment of fees shall not be required unless the major thoroughfares are
in addition to, or a reconstruction of, any existing major thoroughfares
serving the area at the time of the adoption of the boundaries of the area
of benefit.
d. Payment of fees shall not be required unless the planned bridge facility
is an original bridge serving the area or an addition to any existing bridge
facility serving the area at the time of the adoption of the boundaries of
the area of benefit. The fees shall not be expanded to reimburse the cost
of existing bridge facility construction.
e. The city clerk shall receive written protests and endorse on each protest
the date and time it was filed.
i. No protest received after the time fixed for the public hearing shall be
timely;
ii. If a written protest is filed by owners of more than one-half of the area
of the property to be benefited by the improvement, and sufficient protests
are not withdrawn so as to reduce the area represented to less than one-
half of that to be benefited, then the proposed proceedings shall be
abandoned, and the council shall not, for one year from the filing of that
written protest, commence or carry on any proceedings for the same
improvement or acquisition under the provisions of this section;
iii. Any protests may be withdrawn by the owner protesting, in writing, at
any time prior to the conclusion of a public hearing held pursuant to
subsection(F)(2)(b) of this section;
iv. If any majority protest is directed against only a portion of the
improvement, then all further proceedings under the provisions of this
section to construct that portion of the improvement so protested against
shall be barred for a period of one year, but the council may commence
new proceedings not including any part of the improvement or acquisition
so protested against. Nothing in this section prohibits the council, within that
one-year period, from commencing and carrying on new proceedings for
the construction of a portion of the improvement so protested against if it
finds, by the affirmative vote of four-fifths of its members, that the owners of
more than one-half of the area of the property to be benefited are in favor
of going forward with that portion of the improvement or acquisition.
3. Fees paid pursuant to this section shall be deposited in a planned bridge
facility or major thoroughfare fund. A fund shall be established for each planned
bridge facility project or each planned major thoroughfare project. If the benefit
area is one in which more than one bridge is required to be constructed, a fund
may be so established covering all of the bridge projects in the benefit oreal 0oMq,
O %
t
-- Page 2 of 3 Pages -- 0 U
ORIG;fvAf
Money in the fund shall be expended solely for the construction or reimbursement
for construction of the improvement serving the area to be benefited and from
which the fees comprising the fund were collected, or to reimburse the city for
the cost of constructing the improvement.
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.
---------000---------
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
AUG 1 L 2019 by the following vote:
✓ ✓ ✓ ✓ ✓ V ✓
lNCOUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, EARLIER
NOES:
COUNCILMEMBER: NOn4-
ABSTAIN: COUNCILMEMBER: �'�
ABSENT: COUNCILMEMBER: ND`r\41
c,;N,
JULIE DRIMAKIS
CITY CLERK and Ex Officio Clerk of the
APPROVED: AUG 14 2019 Council of the City of Bakersfield
By:
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: 2—
OSHUA H. RUDNICK
Deputy City Attorney
JHR:vlg/pd
S \COUNCIL\Ord,\ t&11\1631 06 1—I..,IrI1.1— It, .Finall —
o�eAK,9q
m
r �
-- Page 3 of 3 Pages -- JOHioAAl
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
JULIE DRIMAKIS, 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 16th day of August, 2019 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4989 passed by the
Bakersfield City Council at a meeting held on the 14th day of August. 2019 and entitled:
ORDINANCE AMENDING SECTION 16.32.060 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO TRACT
IMPROVEMENTS.
JULIE DRIMAKIS, CMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
SEPUTY City Clerk
S\DOCUMENTFORMSW OP ORD wpd
o�gAKe9N
T
> n
r
J O
09GNAL