HomeMy WebLinkAboutORD NO 3354ORDINANCE NO. 3354
AN oRDINANCE OF THE CO~RCIL OF
CITY OF BAKERSFIELD ADDIN~
COD
BE IT ORDA~NED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Chapter 16.141 is hereby added to the Bakersfield
Municipal Code to re~d as follows:
Chapter 16.41
RESERVATIONS
Sections:
16.41.010
16.41.020
16.41.030
Rese~v. ation requirement.
Ac~u~.'sition agreement..
Termination of reservatlom.
16.41.010 ReservatiDn requfxre~emt.
A. As a condition of approval of a tentative map, the
subdivider may be required to reserve real property within the
subdivision for parksl, recreational facilities, fire stations,
libraries, freeways o~ other public uses, subject to the
following conditions:!
1. SuCh requirement is based upon an adopted
specific plan or an adopted general plan containing policies and
standards for those u~es, and the required reservations are in
accordance with those!policies and standards.
2. Th~ reserved area is of such size and shape.as
to permit the balancel of the property within which the
reservation is locat~ to develop in an orderly and efficient
manner.
3. Th~ amount of land reserved will not make
development of the remaining land held by the subdivider
economically unfeasib~e.
B. The reserved area shall conform to the adopted
specific or general plan and shall be in such multiples of
streets and parcels as to permit an efficient division of the
reserved area in the event that it is not acquired within the
prescribed period; in such event, the subdivider shall make those
changes as are necessary to permit the reserved area to be
developed for the intended purpose consistent with good
subdividing practices.
C. The reservation requirement may be in addition to
requirements for dedication and/or improvement of property within
the subdivision for the same or other purposes.
16.41.020 Acquisition agreement.
The city shall, at the time of approval of the final
map or parcel map, enter into an agreement to acquire such
reserved area within two years after the completion and
acceptance of all improvements required as a condition of such
map, unless such period of time is extended by mutual agreement.
The purchase price shall be the market value thereof at the time
of the filing of the tentative map plus the taxes against such
reserved area from the date of the reservation and any other
costs incurred by the subdivider in the maintenance of such
reserved area, including interest costs incurred on any loan
covering such reserved area.
16.41.030 Terminatiom of reserv&tio~.
If the city does not enter into the agreement required
in Section 16.41.020, the reservation of such area shall
automatically terminate.
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 I{F. REBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the Citv of Bakersfield at a
regular meeting thereof held on APR 2 4 $§9~ , by the
following vote:
AYES: COUNCILMEMBERS: EOWAROS, DaM,~IDD,~fS~_MITH, BRUNNI, PETERSON. McUERM01-1', ~LVAGGIO
NOES; COUNCILMEMBERS:
ABSTAIN COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED APR 2 4 1991
CLARENCE E.
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNAI%DINI
CITY ATTOP~EY of the City of Bakersfield
LCM/meg
RESRVATN.O-2
1/22/91
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfie]d; and that on the
posted on the Bulletin Board at
the following:
City Council at
and entitled:
Ordinance
a meeting held on
deposes and says:
acting and qualified City Clerk of the City
1st day of May , 1991 she
City Hall, a full, true and correct coply of
No. 3354 passed by the Bakersfield
the 24th day of April 1991
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk
NSAOPD