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HomeMy WebLinkAboutORD NO 5087ORDINANCE NO. 5 08 % ORDINANCE AMENDING SECTIONS 15.80.020, 15.80.080, 15.80.100 AND 15.80.125 OF THE BAKERSFIELD MUNICIPAL CODE RELATED TO THE AUTHORITY OF THE RECREATION AND PARKS DIRECTOR IMPLEMENTING DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR THE PURPOSES OF PARKS AND RECREATION LAND. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 15.80.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.80.020 Definitions The words and phrases in this chapter shall have the following meanings: The words and phrases in this chapter shall have the following meanings: "Advisory agency" means the planning commission for all proposed subdivisions pursuant to Section 15.80.080. The city engineer, or designee shall constitute the advisory agency for any parcel map waiver. "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. "Fair market value" is defined in Section 15.80.100 which requires a written appraisal report acceptable to the recreation and parks director, or designee; 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. "Multiple -service medical and recovery care facility" means a facility that includes skilled nursing beds, assisted living and independent living apartments, described as follows: 1. Skilled nursing is commonly known as nursing homes providing around the clock nursing care staffed by licensed administrators, nurses, nurse assistants, registered dieticians, activity directors and staff development and education. Ordinance Amending Sections 15.80.020, 15.80.080, etc., of the Bakersfield Municipal Code Relating to Authority of the Recreation and Parks Director, etc. o�OAKF,9 -- Page 1 of 8 Pages -- ` 'ORIGII\AI Skilled nursing facilities generally offer care one step below a general acute hospital. 2. Assisted living provides a level of personal care primarily to serve the ambulatory, but frail client in a residential living environment where residents receive individualized assistance, supportive services and health care, such as requiring assistance in one or more activities such as providing medication, housework, meal preparation, eating, shopping, dressing and bathing. The level of care is a median between nursing home and independent (congregate) living. 3.Independent living units, also known as congregate care, are a self- contained apartment which includes a kitchen, and has supportive services such as meal service, housekeeping, transportation, nursing, medical, and social and recreational activities which are available for residents. An independent living unit is defined as a residential dwelling unit which is subject to this chapter. "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 him or herself or for others. SECTION 2. Section 15.80.080 of the Bakersfield Municipal Code is hereby amended to read as follows: 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: Number of Dwelling Units TABLE 2 In -Lieu Fee Formula x .0025 x APPDU x Fair Market Value Per Buildable Acre = Fee Amount Ordinance Amending Sections 15.80.020, 15.80.080, etc., of the Bakersfield Municipal Code Relating to Authority of the Recreation and Parks Director, etc. -- Page 2 of 8 Pages -- o``gAKF9� y � �_ rr r `'eRiciNAL° 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 seventy- five 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 FairMarket 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 recreation and parks director, or designee determines that said acquired park would serve the subdivision or property to be developed, then the peracre purchase oracquisition price paid by the cityforsaid real property on which the park is located shall be used as the value forthe Fair Market Value Per Buildable Acre in the formula stated in Section 15.80080A. 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 15.80.090A, 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. Ordinance Amending Sections 15.80.020, 15.80.080, etc., of the Bakersfield Municipal Code Relating to Authority of the Recreation and Parks Director, etc. -- Page 3 of 8 Pages -- o��AKF9.� s r SECTION 3. Section 15.80.100 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.80.100 Determination of fair market value. A. 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 recreation and parks director, or designee, and prepared and signed by a qualified appraiser acceptable to recreation and parks director or designee, in accordance with appraisal standards and practices adopted by the city council. If an appraiser or appraisal report is not acceptable to the recreation and parks director, or designee, he shall require a new or updated appraisal from the subdivider. The cost 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 15.803.080(C), when the city has acquired a park serving the subdivision. The appraisal shall be made no more than ninety 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 recreation and parks director or designee, and subdivider, an appraisal made within six months prior to recordation of the final map in the case of subdivisions, parcel maps, or recordation of a certification of compliance, may be used to determine fair market value. The subdivider shall submit such appraisal to the recreation and parks director, or designee, in sufficient time as the recreation and parks director, or designee establishes, prior to recordation of a final map or certificate of compliance. If more than six months elapse before recordation of the final map or certificate of compliance, the recreation and parks director, or designee may require a new or updated appraisal. If an appraiser or appraisal report is not acceptable to the recreation and parks director, or designee, he shall require a new or updated appraisal at the subdivider's expense. B. Notwithstanding subsection A of this section, for a project having twenty lots or less, the subdivider may request, and accept, an estimate of value prepared by the city. If the subdivider disputes the city's estimate, then the subdivider shall provide an appraisal and shall pay the amount based on the appraisal as set forth in subsection A of this section. Any costs incurred by the city in determining the estimated value will be added to the in -lieu fee paid by the subdivider. Ordinance Amending Sections 15.80.020, 15.80.080, etc., of the Bakersfield Municipal Code Relating to Authority of the �AKF9 Recreation and Parks Director, etc. -- Page 4 of 8 Pages >- m IY r OCR!GIN SECTION 4. Section 15.80.125 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.80.125 Park land dedication in -lieu fee credit for multiple -service medical and recovery care facility. A. Only one of the two types of credit allowed under this section shall be given. An applicant who seeks a credit under this section shall submit a letter requesting such credit concurrently with the application for approval of a tentative subdivision map, or parcel map waiver. The letter must specifically state which type of credit is being requested, enumerate how the facility meets each of the criteria listed in this section; include a copy of the floor plan(s), a site plan identifying the recreational and open space facilities for credit, including acreage and square footage of said facilities; and other reasonable documentation the recreation and parks director, or designee, may request to make a determination whether the request meets the requirements of this section. B. A multiple -service medical care and recovery residential facility may receive a fifty percent credit on the amount of the park land dedication required for the development provided the project satisfies all of the following criteria: 1. Demonstrate to the satisfaction of the advisory agency that the facility is a multiple -service medical and recovery development that includes skilled nursing, assisted living and independent living care, as defined in Section 15.80.020(E) of this code; and 2. The facility is part of an approved PUD (planned unit development) zone, or such credit may be approved on the condition that a PUD (planned unit development) zone change for the subject property is approved by the city council within three months after recordation of the final map; and 3. The applicant or developer shall enter into an agreement with the city which clearly identifies the amenities which shall be developed and which meet the on -site park, open space, garden or other specially dedicated outdoor area requirements of subsection B 6 of this section. Such agreement shall require that the amenities be completed and approved by the recreation and parks director, or designee. 4. The facility provides for continued maintenance and preservation of the recreation open space by recorded written agreement, covenants, restrictions or other instrument approved by the city attorney. The recorded instrument shall run Ordinance Amending Sections 15.80.020, 15.80.080, etc., of the Bakersfield Municipal Code Relating to Authority of the Recreation and Parks Director, etc. � Z NK6F9 -- Page 5 of 8 Pages -- o s-n m 'ORIGINAL� with the land and may not be amended without prior written approval of the city; and 5. The facility must have a minimum of ninety independent living units, and the number of independent living units shall not to exceed thirty percent of the total number of units and/or beds of the multiple -service medical and recovery care facility; and 6. The facility must provide an on -site park, open space, garden or other specially dedicated outdoor area that is useable for passive or active recreation activity of at least one-half acre in size or at least fifty percent of the total amount of park land dedication required, whichever is greater. Usable means the open space area shall be reasonably adaptable for use as park and recreational purposes taking into consideration such factors as size, shape, topography, geology, access and location of the open space. Areas required by zoning or building ordinances such as yard, setback, landscaping, parking and drainage or detention basins may not be used as any part of the open space, gardens or other outdoor activity area proposed to satisfy the requirements of this section. C. A multiple -service medical and recovery care facility which satisfies all of the following criteria shall not be required to dedicate land for a public park or pay a fee in -lieu of land dedication as required by this chapter for the facility's residential independent living units. 1.The facility shall meet the requirements of subsections (B)(1) through(B)(4) of this section, and the applicant or developer shall enter into an agreement with the city which clearly identifies the amenities which shall be developed and which meet the on -site park, open space, garden or other specially dedicated outdoor area requirements of this subsection. Such agreement shall require that the amenities be completed and approved by the recreation and parks director, or designee. 2. The facility must have a minimum of one hundred twenty independent living units, and the number of independent living units shall not exceed fifty percent of the total number of units and/or beds of the multiple -service medical and recovery care facility; and 3. The facility shall provide an on -site park, open space, garden or other specially dedicated outdoor area that is useable, as defined in subsection (B) (6) of this section. Such useable area shall be a minimum of two acres or the amount of acreage which, absent the credit provisions, would be required to be dedicated by the facility under Section 15.80.070, whichever is greater; and Ordinance Amending Sections 15.80.020, 15.80.080, etc., of the Bakersfield Municipal Code Relating to Authority of the Recreation and Parks Director, etc. -- Page 6 of 8 Pages -- gAKF9 8- s� � r 'ORIG!NAL' 4. The facility shall provide an indoor recreation room for such activities as, exercise, arts and crafts, and other group activities for the independent living unit residents. The room shall have a minimum capacity of forty-five people; and 5. In addition to the park or outdoor open space and the indoor recreation room, the facility shall provide at least one other recreational amenity as follows: a. Swimming or therapeutic pool, b. Amphitheater or auditorium, c. Indoor gym for activities such as basketball, badminton and volleyball, d. Indoor courts for such activities as racquetball or handball, e. Running or walking track or trail with specialty surface, f. Multiple station exercise par course, g. Golf course, h. Other comparable facility as approved by the planning commission or city council. D. At the option of the applicant, the full amount of the fee, which does not include such credit as described in subsections (B) and (C) of this section, may be paid at the time of recordation of a final map or certificate of compliance. Subsequent to recordation of a final map or certificate of compliance, and within three months of date of recordation of such documents, the applicant may submit a written request to the recreation and parks director, or designee for refund of fifty percent or one hundred percent of the fee paid, subject to the criteria listed in this section. Such a request must be made within three months of recordation of a final map or certificate of compliance. If no request is made within such time period, this credit becomes void, and no refund shall be made. The recreation and parks director, or designee shall have fourteen days to respond to a request. E. The appeal procedure for this section shall be in accordance with Chapter 16.52. Ordinance Amending Sections 15.80.020, 15.80.080, etc., of the Bakersfield Municipal Code Relating to Authority of the Recreation and Parks Director, etc. -- Page 7 of 8 Pages -- O��AK�9.� s � r 'ORIQIN AL� SECTION 5. 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. .0. 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 MAY 0 4 2022 by the following vote: V" ✓ ,/ '.— GE: COUNCILMEMBER ARIAS, GONZALES, WEIR SMITH,+`! 4 1 GRAY, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT' COUNCILMEMBERVJ4 ��.�LiKQ-R ULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: MAY 0 4 2022 By 0e: Kano KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, C TY ATTORNEY By VIVO-:IDI NA GALLARDO-KIP Deputy City Attorney VGK/vlg S:\COUNCIL\Ords\21-22\15.80.020, 15.80.080, 15.80.100 and 15.80.125 ImplementDedicationofLand- final.docx Ordinance Amending Sections 15.80.020, 15.80.080, etc., of the Bakersfield Municipal Code Relating to Authority of the Recreation and Parks Director, etc. BAKE -- Page 8 of 8 Pages -- � r `FOR UNALb 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 6th day of May, 2022 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5087, passed by the Bakersfield City Council at a meeting held on the 4th day of May, 2022 and entitled: ORDINANCE AMENDING SECTIONS 15.80.020, 15.80.080, 15.80.100 AND 15.80.125 OF THE BAKERSFIELD MUNICIPAL CODE RELATED TO THE AUTHORITY OF THE RECREATION AND PARKS DIRECTOR IMPLEMENTING DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR THE PURPOSES OF PARKS AND RECREATION LAND. JULIE DRIMAKIS, MMC City Clerk and Ex Officio of the Council of the City of Bakersfield SADOCUMENT\FORMSWOP.ORD.wpd