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HomeMy WebLinkAboutORD NO 3317ORDINANCE NO. 3317 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 15.80 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR THE PURPOSES OF PARKS AND RECREATION LAND. as SECTION 1. Chapter 15.80 is hereby added Municipal Code to read as follows: BE IT ORDAINED by the Council of the City of Bakersfield follows: to the Bakersfield Sections: 15.80.010 15.80.020 15.80.030 15.80.040 15.80.050 15.80.060 15.80.070 15.80.080 15.80.090 15.80.100 15.80.110 15.80.120 15.80.130 15.80.140 15.80.150 15.80.160 15.80.170 15.80.180 15.80.190 15.80.200 CHAPTER 15.80 DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR THE PURPOSES OF PARKS AND RECREATION LAND Purpose. Definitions. Park land reservation and dedication authority. Requirements. General standard. Requirements for dedication. Formula for amount of dedication of land. Formula for amount of fees in lieu of land dedication. Criteria for requiring both dedication and fee. Determination of fair market value. Determination of land and/or fee. Credit for private open space. Time for dedication and/or fee. Disposition of fees. Subdivider improvements. Access. Sale of dedicated land. North Bakersfield Recreation and Park District Exemptions. Appeals. 15.80.010 Purpose. The purpose of this chapter is to promote the public health, safety and welfare by establishing an orderly process for the dedication, reservation and acquisition of park land within the city, pursuant to the authority granted by Section 66477 of the Government Code of the State of California. 15.80.020 Definitions. The words and phrases in this chapter shall have the follow- ing meanings: A. "Advisory Agency". The Planning Commission shall constitute the Advisory Agency for all proposed subdivisions pur- suant to 15.80.050. The Planning Director, or his designee shall constitute the Advisory Agency for any existing parcel development. The City Engineer, or his designee shall constitute the Advisory Agency for any parcel map waiver. B. "Developer" means any person subdividing property or developing existing single parcels. C. "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. 15.80.030 Park land reservation and dedication authority. A. The Advisory Agency shall have the authority to locate, require reservation, dedication of real property or a fee in- lieu, or a combination thereof, and development fee for the pur- pose of supplying public parks and recreation facilities pursuant to this Chapter. 15.80.040 Requirements. A. Subdivisions. At the time of approval of the tentative map, parcel map, or parcel map waiver dividing land for residen- tial use, the Advisory Agency shall determine, pursuant to this Chapter, the land required for dedication, reservation and/or in- lieu fee payment. As a condition of approval of a final subdivi- sion map, parcel map, or parcel map waiver, the subdivider shall dedicate, reserve land, pay a fee in-lieu, or a combination thereof, at the option of the city, for park or recreational pur- poses at the time and according to the standards and formula con- tained in this Chapter. B. Development on Existing Parcel. At the time of approval of a permit to build a residential structure, including but not limited to a single or multiple family structure or mobile home, ORIGINAL an owner shall pay a fee for park or recreational purposes in accordance with the same standards. Such payment shall be made prior to issuance of a building permit in accordance with the standards and formula contained in this chapter. The Advisory Agency may, in its discretion, accept dedication of land in-lieu of payment of such fee, if such land alone, or combined with adja- cent park land, will meet the requirements of Section 15.080.070(A) of this chapter. 15.80.050 General standard. A. It is hereby found and determined the public interest, convenience, health, welfare, and safety require that: 1. Two and one-half (2-1/2) acres of real property for each one thousand persons (calculated at .0025 acres per person) who will reside in the city as a result of proposed development be devoted to park and recreational purposes. a. All new single and multiple family residential developments, including subdivisions, parcel maps and single parcel developments within the City, shall be subject to this Chapter. b. The amount of land dedication or fees paid is based upon the residential density set forth in Section 15.80.070 herein, which shall be determined on the basis of the tentative map or building permit, and the average persons per dwelling unit. 15.80.060 Requirements for dedication. A. Lands to be dedicated or reserved for park and/or recre- ational purposes shall be suitable, in the opinion of the city, in location, topography, environmental characteristics and devel- opment potential as it relates to the intended use. The primary intent of this section shall be construed to provide the land for functional park and recreation units of community or neighborhood service. B. If the subdivider or developer provides park and recrea- tional improvements to the dedicated land, the value of the improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this chapter. 15.80.070 Formula for dedication of land. A. The developer shall dedicate land so that a park 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 subdivision and be con- sistent with the policies of the City General Plan. 1. The amount of land to be provided shall be deter- mined pursuant to the following formula: TABLE 1 Park Land Dedication Formula Number of Amount of Dwellings Units X .0025 X APPDU = Park Land Dedication 2. The average person per dwelling unit shall be main- tained by the Planning Director and may be amended from time to time based on the most recent available federal decennial census. 3. For the purposes of this section, the number of new dwelling units shall be based upon the number of buildable par- cels indicated on the map, 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 75 percent of the maximum allowed under that zone. Subsequent development of additional units shall require payment of in lieu fees or dedication of land pursuant to this Chapter. In the case of existing parcel development, the number of new dwelling units shall be based upon the same criteria as stated for subdivision maps. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. 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 developer shall, in-lieu of dedicating land, pay a fee equal to the value of the land which would other- wise be required for dedication pursuant to Section 15.80.070. 1. The amount of in-lieu fee shall be determined in accordance with the following formula: TABLE 2 In-Lieu Fee Formula Number of Dwelling Units X .0025 X APPDU Fair Market X Value Per Buildable Acre ORIGINAL B. 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 15.80.090(A), or if development of an existing parcel is proposed, the developer 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 prop- erty to be developed as prescribed in an amount determined with the provisions of this Section 15.80.080. C. However, nothing in this section shall prohibit the ded- ication and acceptance of land for park and recreation purposes in subdivisions of fifty parcels or less or existing parcel to be developed, where the developer proposes such dedication voluntar- ily and the land is acceptable to the Advisory Agency. D. 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 recre- ation facilities reasonably related to serving the development. 15.80.090 Criteria for requiring both dedication and fee. A. When only a portion of a designated park site is located within land to be subdivided or existing parcel to be developed, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 15.80.080 shall be paid for the value of any additional land that would have been required to be dedicated pursuant to Section 15.80.070. B. When a major part of a park site has previously been acquired by the City and only a small portion of land is needed from the subdivision or existing parcel to be developed to com- plete the site, such remaining portions shall be dedicated and a fee computed pursuant to the provisions of Section 15.80.080. Such fees shall be used for the improvement of the park and rec- reation facility or for the improvement of other parks and recre- ation facilities serving said development. 15.80.100 Determination of fair market value. 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 deter- mined by a written appraisal report prepared and signed by an appraiser acceptable to the City. The appraisal shall be based on the value of unimproved real property for the land to be dedi- cated for park purposes serving said development, or if no spe- cific park site has been identified, then the appraisal shall be based on the value of the land to be subdivided or developed as ORDINAL unimproved real property. The appraisal shall be made no more than 90 days prior to the recordation of the final map for subdivisions, and no more than 90 days prior to obtaining a building permit for development of an existing parcel. If mutu- ally agreed to in writing by the City and developer, an appraisal made within one (1) year prior to recordation of the final map in the case of subdivisions, or application for a building permit in the case of existing parcels, may be used to determine Fair Market Value. The subdivider shall notify the City of the expected submission of a final map for recordation. If more than one (1) year elapses before filing the final map, the City may order a new appraisal. The costs of all appraisals shall be borne by the developer. 15.80.110 Determination of land and/or fee. A. Whether the Advisory Agency requires land reservation, dedication or elects to require payment of a fee in-lieu thereof, or a combination thereof, shall be determined by considering the following: 1. The adopted Park Element of the Metropolitan Bakersfield 2010 General Plan; 2. The topography, geology, soils, access, location, and general suitability of the land in the subdivision available for dedication; 3. The size and shape of the subdivision and land available for dedication; 4. The feasibility of dedication; and 5. The location of existing and proposed park sites and trailways. 15.80.120 Credit for private open space. A. The Advisory Agency shall determine whether credit for private open space may be given. Except for the provisions of Section 15.80.120(B), no more than seven-tenths of one acre (0.7 acre) per one thousand population credit may be given for private open space within a subdivision or development providing the fol- lowing standards are met: 1. Yard, court areas, setbacks and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such credit; 2. The private ownership and maintenance of open space is adequately provided for by recorded written agreement, cove- nants or restrictions approved by the City Attorney; 3. The use of the private open space is restricted and preserved for park and recreational purposes by recorded covenants, easement or other instrument approved by the City Attorney, which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the City Council; 4. The proposed private open space is reasonably adapt- able for use for park and recreational purposes taking into con- sideration such factors as size, shape, topography, geology, access, and location of the private open space; 5. The facilities proposed are: a. In substantial accordance with the provisions of the Park Element of the Metropolitan Bakersfield 2010 General Plan, or adopted community or specific plans or the Park Acquisition and Development Plan; b. Are appropriate to the recreation needs of future residents of the development; c. Substantially comparable to the park and recrea- tion lands otherwise required to be dedicated in meeting the rec- reation needs of the residents; and 6. The facilities provided by private open space shall be developed and maintained by the private property owners. B. The Advisory Agency shall determine whether one hundred percent (100%) credit may be given. Credit for the full amount of park land dedication and/or in-lieu fee shall be based on the subdivider and/or developer developing and constructing a park site in accordance to City standards, including the facilities specified in the Parks Element of the Metropolitan Bakersfield 2010 General Plan. 15.80.130 Time for dedication and/or fee. A. At the time of approval of the tentative subdivision map, parcel map, or parcel map waiver the Advisory Agency shall determine the land required for dedication. If the Advisory Agency requires in-lieu payment by the subdivider, the Advisory Agency will set the amount of land upon which the in-lieu fee will be based at the time of final map approval. B. Prior to, or concurrently with, the recordation of the final subdivision map, parcel map, or certificate of compliance, the subdivider 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 as established at the time of tentative map approval using cur- rent fair market land values at the time of final map approval with the formula set forth in Section 15.80.080 and using the process for determining fair market value as set forth in Section 15.80.100. C. At the time of issuance of the first residential build- ing permit for existing parcel developments or other residential developments not requiring Planning Commission review, the Planning Director, or his designee, shall determine the amount of land to be dedicated and/or whether in-lieu fees shall be paid. For such developments, the developer shall adhere to the same requirements as in Section 15.80.130(B). D. The subdivider or developer shall pay said fees in accordance with the following schedule: 1. For any approved subdivision for which fees are required as set forth in Section 15.80.080, fees shall be paid in their entirety prior to the recordation of the final subdivision map, parcel map, or certificate of compliance or; 2. For existing parcel development, fees shall be paid on a lot-by-lot basis and prior to the issuance of any building permit for any residential dwelling unit located on the parcel. E. Open space, covenants, easements or other instruments for private park or recreation facilities shall be submitted to the City Engineer and approved by the City Attorney prior to the recordation of the final subdivision map or parcel map and shall be recorded prior to or contemporaneously with the final subdivi- sion map or parcel map. 15.80.140 Disposition 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. Collected fees shall be committed by the City Council within five years after receipt of such fees or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later; provided, however, that if such fees have not been so committed, the City Council shall, without any deductions, distribute and pay unused fees to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. C. The Finance Director shall render reports to the City Council annually on the fees received, the deadline for commit- ment thereof, the expenditures made and fund balance. 15.80.150 Subdivider improvements. The value of park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this chapter. The City Council reserves the right, after recommendation from the Advisory Agency, to accept or reject such improvements prior to agreeing to accept the dedication of land, and to require in-lieu fee payments should the land and improvements be unacceptable. 15.80.160 Access. All land offered for dedication shall have access to at least two existing or proposed public streets. This requirement may be waived by the City Council, upon recommendation from the Advisory Agency, if the City Council determines that public street access is unnecessary for public safety, the maintenance of the park area or use thereof by residents. 15.80.170 Sale of dedicated land. If, during the ensuing time between dedication of land for park purposes and commencement of first stage or development, circumstances arise which indicate another site would be more suitable for park or recreational purposes serving the subdivi- sion and neighborhood (such as receipt of a gift of additional park land), 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 park site. Surplus park land sold shall be subject to the provisions of this Chapter. 15.80.180 North Bakersfield Recreation and Park District. A. For those areas which are within the incorporated City boundaries and the boundaries of the North Bakersfield Recreation and Park District, the park and recreation requirements shall be those adopted and set by the District. 9 ~ ~, B. Upon annexation of territory of areas which are wholly included within the boundaries of the North Bakersfield Recreation and Park District to the incorporated boundaries, the District and the City shall act jointly to ensure that the District continues to provide all park and recreation services to such areas. The District and City shall enter into an agreement to establish: 1. Duties and responsibilities of the District; 2. Duties and responsibilities of the City; and 3. Application of park land dedication, in-lieu fees, and/or both. 15.80.190 Exemptions. The provisions of this article shall not apply to the following: A. Subdivisions or development within the boundaries of the North Bakersfield Recreation and Park District. Such subdivi- sions or development shall meet the requirements of the North Bakersfield Recreation and Park District as mutually agreed upon between the District and the City. B. Commercial, retail, office, and industrial subdivisions and uses with no residential development or uses. In-lieu fees shall be required where a residential dwelling unit is con- structed in conjunction with commercial or industrial subdivisions. C. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old and when no new dwelling units are added. D. Reconstruction, rehabilitation, remodel or replacement of a residential structure, provided the 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. E. Subdivisions or development for which park dedication requirements have previously been met and evidence acceptable to the City is submitted. However, subsequent division of such par- cels may require dedications and/or in-lieu fees set forth in this Chapter. 15.80.200 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 be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... 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 $EP ~ 9 lg90 __, by the following vote: AYES; COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, BRUNNI, PETERSON, McDERMOTT, SALVAGG[O NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Acting L~ITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED $EP1 9 1990 MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR J. SAALFIELD F ,~' ' CITY ATTORNEY of the City of Bakersfield AJS/meg 00RD 5 PARKAND.1 - 12 8/24/90 - 12 - PROPOSED NEGATIVE DECLARATION ~ND NOTICE OF PUBLIC HEARING NO. 2757 Our File No. Ordinance Name and address of Sponsor(s) City of Bakersfield 1501Truxtun Ave. Bakersfield, CA 93301 of Project: 2. Location of Project: City-wide Park Land 3. Description of Project as Proposed: Park Land Dedication and Development Ordinance Dated: The undersigned, having considered the matters provided in City Council Resolution No. 107-86, City of Bakersfield does hereby find and determine that the above described project will not have a significant effect on the environment. The Initial Study (refer to Appendices "H" and "I") which comprises part of the Negative Declaration, may be inspected at the Office of the Planning Director at City Hall, 1501 Truxtun Avenue; Bakersfield, California. Any member of the public is invited to provide comments on the proposed action, in writing, on or before the 16th day of April, 1990, at the above office. A public hearing for the proposed project will be held before the Planning Commission of the City of Bakersfield at 5:30 p.m., on the 19th day of April, 1990, in the Council Chamber of City Hall to receive input from the public on the proposed Negative Declaration for the proposed project. March 22, 1990 Posted: March 22, 1990 · J~TY Planning Director ORI(~INAL 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 1st day of October , 19 90 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3317 City Council at a meeting held on the 19th and entitled: , passed by the Bakersfield day of September , 19 90, CAROL WIL-LIAMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk NSAOPD