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
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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.
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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.
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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.
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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
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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.
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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.
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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
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`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