HomeMy WebLinkAboutORD NO 3327ORDINANCE NO. 3327
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING CHAPTER 15.82 TO TITLE 15
OF THE BAKERSFIELD MUNICIPAL CODE RELATING
TO A FEE FOR PARK DEVELOPMENT AND IMPROVEMENT.
WHEREAS, the requirements of Section 54992 of the
California Government Code have been satisfied as they relate to
revision of planning, zoning, development and related processing
fees; and
WHEREAS, the City Council, at the regularly scheduled
meeting of October 17, 1990, held a public hearing to consider a
fee for the purposes of developing and improving parks and recre-
ational facilities within the City of Bakersfield; and
WHEREAS, all required public notices have been given;
and
WHEREAS, the provisions of CEQA have been followed; and
WHEREAS, for the above described ordinance, an Initial
Study was conducted and it was determined that the proposed
project would not have a significant adverse effect on the
environment and a Negative Declaration was prepared; and
WHEREAS, Policy 3 of the Parks Element of the
Metropolitan Bakersfield 2010 General Plan requires new
residential development to provide dedication of land, pay in-lieu
fees or a combination of both, and develop public parks to serve
those new residential developments; and
WHEREAS, this ordinance requires all new residential
dwelling units to pay a fee for developing parks; and
WHEREAS, this ordinance is in the public interest,
necessary for public convenience, health, welfare and safety; and
WHEREAS, the Council of the City of Bakersfield has made
the following findings in accordance with the requirements of
Section 66000 of the Government Code:
1. The fee established by the ordinance is for the
purpose of developing, improving and/or enhancing public parks and
recreation facilities serving the residential development. Parks
and recreation facilities are identified in the capital
improvement plan, the Parks Element of the Bakersfield
Metropolitan 2010 General Plan, or comprehensive park plan
approved by the City Council.
2. There is a reasonable relationship between the fee's
use and the type of development project on which the fee will be
imposed because the fee is calculated in relationship to the
number of people residing in the development and the current
estimated cost of constructing a park.
3. There is a reasonable relationship between the need
for parks and recreational facilities and the type of development
project on which the fee is imposed because new residential
dwelling unit development creates or contributes an additional
demand for parks and recreational facilities. It is necessary to
provide for developed parks to satisfy the additional demand for
parks and recreational facilities at the level of service required
by the General Plan.
4. There is a reasonable relationship between the amount
of the fee and the cost of parks and recreational facilities or
portion thereof attributable to the residential development on
which the fee is imposed.
WHEREAS, the Planning Commission has recommended approval
of a fee for park development; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Bakersfield as follows:
SECTION 1.
Chapter 15.82 is hereby added to the Bakersfield Municipal
Code to read as follows:
CHAPTER 15.82
FEE FOR PARK DEVELOPMENT AND IMPROVEMENT
Sections:
15.82.010
15.82.020
15.82.030
15.82.040
15.82.050
15.82.060
15.82.070
Purpose.
Definitions.
Implementation.
Collection of fees.
Setting of fees.
Adjustment of fees.
Exemptions.
15.82.010 Purpose.
The purpose of this chapter is to promote the public
interest, and necessity for public convenience health, safety and
welfare by establishing and imposing a fee as a method for
financing the development, improvement, and/or enhancement of
public parks.
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15.82.020 Definitions.
A. "Development" means any activity requiring approval,
permit which physically disturbs or alters a site, including
grading of or construction on any parcel of real property.
or
B. "Enhancement" means any development and/or improvement to
upgrade, improve or rehabilitate an existing or proposed public
park to better serve the public.
C. "Improvement" means any street work or utilities to be
installed on the land to be used for public or private streets,
highways and easements, and which are necessary for the general
use of the lot owners in a subdivision and local neighborhood
traffic and drainage needs.
D. "Dwelling unit" means any building or portion thereof,
which contains one kitchen, and is designed and/or used to house
not more than one family, including necessary employees of such
family.
15.82.030 Implementation.
A. The City will collect a park development, improvement,
and enhancement fee for each new dwelling unit within city
boundaries, except for those dwelling units exempted under
Section 15.82.070.
B. The City will hold said fees collected by it in a
separate trust account, including accrued interest, for payment of
park development, improvement and/or enhancement for public parks
and recreational facilities.
C. Said fees will be imposed and collected at the date of
final inspection or the date the certificate of occupancy is
issued, whichever occurs first for new residential construction,
on a per unit basis, according to the fee schedule set by the
City Council. Fees may be paid prior to date of final inspection
or the date of certificate of occupancy if a developer so
desires.
D. Payment of said fees will satisfy city conditions of
approval placed on projects with regard to park development,
improvement and/or enhancement which have not been previously been
satisfied.
15.82.040
Collection of fees.
A. The park development, improvement and enhancement fee
shall be paid in full, in cash, at the date of final inspection,
or the date the certificate of occupancy is issued, whichever
occurs first. Said fee may be paid at time of building permit
issuance if a developer chooses. Said fee may be paid by cash,
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pledged certificate of deposit, irrevocable letter of credit, or
performance/surety bond if developer wishes to pay said fee prior
to recordation of a final subdivision map tract or parcel map.
All but cash shall be made payable upon demand by the Public
Works Director.
B. The City Council shall make findings once each fiscal
year with respect to any portion of the fee remaining unexpended
or uncommitted in said account five or more years after deposit of
the fee to identify the purpose to which the fee is to be put and
to demonstrate a reasonable relationship between the fee and the
purpose for which it was charged. These findings need only be
made for moneys in possession of the City and need not be made
with respect to letters of credit, bonds, or other instruments
taken to secure payment of the fee at a future date.
C. Except as provided in Section 15.82.040 (D), the City
shall refund to the current record owner or owners of lots or
units of the development project or projects on a prorated basis
the unexpended or uncommitted portion of the fee, and any interest
accrued thereon, for which need cannot be demonstrated pursuant to
this chapter. The City may refund the unexpended or uncommitted
revenues by direct payment, by providing a temporary suspension of
fees, or by any other means consistent with the intent of
California Government Code Section 66001. The determination by
the City Council of the means by which those revenues are to be
refunded shall be a legislative act.
D. If the administrative costs of refunding unexpended or
uncommitted revenues pursuant to this chapter exceed the amount to
be refunded, the City Council, after a public hearing, notice of
which has been published pursuant to California Government Code
Section 6061 and posted in three prominent places within the area
of the development project, may determine that the revenues shall
be subject to this chapter and which serves the project on which
the fee was originally imposed.
15.82.050 Setting of fees.
The City Council shall, by resolution, establish the fee
required under this chapter, on a per unit basis.
15.82.060 Adjustment of fees.
The Public Works Director shall submit an annual report to
the City Council with updated, new or additional information
regarding fee amount to be collected for each new dwelling unit.
A public hearing shall be conducted if the City Council deter-
mines that the fee schedule should be adjusted.
15.82.070 Exemptions.
The provisions of this article shall not apply to the
following:
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A. Property subdivided or developed within the boundaries
of the North Bakersfield Recreation and Park District. Such sub-
divisions or development shall meet the uniform requirements of
the North Bakersfield Recreation and Park District as mutually
agreed upon between the District and the City.
B. Reconstruction, rehabilitation, remodel or replacement of
a dwelling unit structure, provided the replacement structure is
the same type of unit, does not create additional dwelling units
and is substantially the same size as the structure it replaces.
C. Subdivisions or development for which park development,
improvement and/or enhancement requirements have previously been
satisfied and evidence of such satisfaction, acceptable to the
City is submitted. However, subsequent division of such parcels
may result in additional fees set forth in this chapter.
D. Condominium conversion projects or stock cooperatives
which consist of the subdivision of airspace in an existing
apartment building when no new dwelling units are added.
E. Commercial retail and office, and industrial subdivisions
with no residential development or uses. However, fees shall be
required where a residential dwelling unit is constructed in
conjunction with commercial or industrial subdivisions.
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.
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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 N0¥ ? 19§0 by the
following vote:
AYES COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, PRUNNI, ."[,'~,",CC~. McOEP. MOTT, SALVAGGIO
NOES. COUNCILMEMBERS:
ARSEN! COUNCILMEMSERS:
ABSTAIN: COUNCILMEMBERS*
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this NOV 7 1990
.
CLARENCE E. MEDDEkS
MAYOR of the City of Bakersfield
APPROVED as to form:
ROBERT M. SHERFY /,/~7
ACTING CITY ATTORNEY of the City of Bakersfield
r/p.ord
pjt
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
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 9th day of November , 199Q she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No. 3327
City Council at a meeting held on the 7th
and entitled:
, passed by the Bakersfield
day of November , 1990 ,
CAROL WILLIAMS
CITY CLERK of the City of
DEPUTY City Clerk
Bakersfield
NSAOPD