HomeMy WebLinkAboutORD NO 3216ORDINANCE NO. 3216 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTIONS 16.32.060 D.
AND g. OF THE BAKERSFIELD MUNICIPAL CODE
RELATIVE TO FEES FOR CONSTRUCTION OF PLANNED
DRAINAGE AND SANITARY SEWER FACILITIES PUR-
SUANT TO ADOPTED PLANS, AND ADDING SECTION
16.32.060 F. TO THE BAKERSFIELD MUNICIPAL
CODE RELATIVE TO FEES FOR CONSTRUCTION OF
BRIDGES OR MAJOR THOROUGHFARES PURSUANT TO
SECTION 66484 OF THE MAP ACT.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Sections 16.32.060 D. and E. of the Bakersfield Municipal
Code are hereby amended to read as follows:
16.32.060
Improvements in subdivisions for which final map
is required.
D. Drainage Facilities - Payment of Fees Required.
Prior to filing any final map or parcel map, the Subdivider shall
pay or cause to be paid any fees for defraying the actual or esti-
mated costs of constructing planned drainage facilities for the
removal of surface and storm waters from the following local and
neighborhood drainage areas pursuant to drainage plans adopted by
the Council therefor in accordance with Article 5 of Chapter 4 of
Division 2 of Title 7 of the California Government Code (Section
66483 et seq.):
1. Pioneer Planned Drainage Area;
2. Fairview Planned Drainage Area;
3. 16th Street - Elm Street Planned Drainage Area;
4. "K" Street - 2nd Street Planned Drainage Area;
5. Rancho Laborde Planned Drainage Area
E. Sewer Facilities - Payment of Fees Required. Prior
to filing any final map or parcel map, the Subdivider shall pay or
cause to be paid any fees for defraying the actual or estimated
costs of constructing planned sanitary sewer facilities for local
40.FEES89.1 -1-
sanitary sewer areas pursuant to sanitary sewer plans adopted by
the Council therefor in accordance with Article 5 of Chapter 4 of
Division 2 of Title 7 of the California Government Code (Section
66483 et seq.):
2.
3.
4.
5
6
7
8
9
10
Pierce Road - Oak Street Planned Sanitary Sewer Area;
Panama Lane - Monitor Planned Sanitary Sewer Area;
Terrace Way - Hughes Lane Planned Sewer Area;
Lavern Avenue Planned Sewer Area;
Wood Lane Planned Sewer Area;
Rosedale Plaza Planned Sewer Area;
"K" and 2nd Street Planned Sewer Area;
Rancho Laborde Planned Sewer Area;
Berkshire-Monitor Planned Sewer Area; and
Panorama Highlands Planned Sewer Area
SECTION 2.
Section 16.32.060 F. is hereby added to the Bakersfield
Municipal Code to read as follows:
16.32.060 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 issu-
ance of a building permit, fees may be assessed and collected
pursuant to Section 66484 of the California Government Code for
the purpose of defraytng the actual or estimated costs of con-
structing bridge crossings or major thoroughfares identified in
the transportation or flood control provisions of the Circulation
Element of the Bakersfield Metropolitan Area General Plan.
a. ASHE ROAD PLANNED BRIDGE AND MAJOR THOROUGHFARE
AREA.
2. In order for such fees to be assessed and collected,
the following requirements must be met:
ao
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 Bakersfield
Metropolitan Area General Plan. The primary
purpose of the major thoroughfares is to carry
through traffic and provide a network connecting
to the state highway system.
4 O.FEES89.2 - 2 -
A public hearing pursuant to Government Code
Section 66484 (a)(2) and (3) shall be held by
the Council for each area benefited, and the
boundaries of each such area, costs, and method
of fee apportionment shall be set forth in a
resolution to be adopted by the Council.
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.
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
expended to reimburse the cost of existing
bridge facility construction.
The city clerk shall receive written protests
and endorse on each protest the date and time
it was filed.
1) No protest received after the time fixed
for the public hearing shall be timely;
2)
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.
3)
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 the Subsection E.2.b. of this
Section.
4 O.FEES89.3 - 3 -
4)
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 construc-
tion of a portion of the improvement so
protested against if it finds, by the affirma-
tive 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 area. Money in the fund shall be expended solely for
the construction or reimbursement for construction of the improve-
ment serving the area to be benefitted and from which the fees
comprising the fund were collected, or to reimburse the City for
the cost of constructing the improvement.
4. Nothing in this Section prohibits the acceptance of
considerations in lieu of the payment of fees.
SECTION 3.
This ordinance shall be posted in accordance with the
City charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
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4 O.FEES89.4 - 4 -
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 April 12. 1989 , by the
following vote:
,~,YES: COUNCILMEMBERS: ~ OeM~tltlO, ~M TH PATTY, pET~:~SOii, McDEFIMOTT gAL~AG~O
NOES: COUNCILMEMBERS:
ABSENt: COUNCILMEMBERS: ,
~STAINING: COUNCILMEMBERS:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED ADril 12, 1989
~!OR~of three C~i;y o~f ~aker~
APPROVED as to form:
CI kersfield
3.07.89
PW-DS:mro
40.FEES89.5
- 5 -
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
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 , 19 89 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following:
Ordinance No. 3216 , passed by the Bakersfield
City Council at a meeting held on the 12th day of April
· 19 89 ,
and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING
SECTIONS 16.32.060 D. AND E. OF THE BAKERSFIELD MUNICIPAL CODE RELATIVE
TO FEES FOR CONSTRUCTION OF PLANNED DRAINAGE AND SANITARY SEWER
FACILITIES PURSUANT TO ADOPTED PLANS, AND ADDING SECTION 16.32.060 F.
TO THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO FEES FOR CONSTRUCTION OF
BRIDGES OR MAJOR THOROUGHFARES PURSUANT TO SECTION 66484 OF THE MAP
ACT.
CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Cler~
NSAOPD