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