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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. -2- 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, -3- 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: -4- 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. .......... 000 .......... -5- 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