HomeMy WebLinkAboutORD NO 3896ORDINANCE NO. 8 8 9 6
AN ORDINANCE AMENDING SECTION 15.80.020 and ADDING
SECTION 15.80.125 TO TITLE FIFTEEN OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO PARK LAND
DEDICATION IN-LIEU FEE CREDIT FOR MULTIPLE-SERVICE
MEDICAL AND RECOVERY CARE FACILITIES.
WHEREAS, the City of Bakersfield initiated this ordinance to amend Title 15,
Buildings and Construction, of the Bakersfield Municipal Code regarding park land dedication in-
lieu fee credit for multiple-service medical and recovery care facilities; and
WHEREAS, the ordinance was found to be exempt from CEQA pursuant to
General Rule, Section 15061 (b)(3) of the State CEQA Guidelines, and the law and regulations
set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly
followed by city staff, and this Council; and
WHEREAS, as currently required in this Chapter, independent living residential
units are subject to dedication of land at 2.5 acres per 1000 population or payment of an in-lieu
fee; and
WHEREAS, the Urban Development Committee of the City Council considered
whether to allow a reduced amount of the park development fee to be paid by independent
living residential units at their August and September, 1998 meetings, and February and March,
1999 meetings; and
WHEREAS, said Committee directed staff to pursue a similar ordinance to allow
a reduced park development fee; and
WHEREAS, said Committee recommends the City Council approve an addition
and amendment to Chapter 15.80 of the Bakersfield Municipal Code allowing credit towards the
park land dedication in-lieu fee for multiple-service medical and recovery care facilities; and
WHEREAS, said Committee is of the opinion that such independent living units
as part of a multiple-service medical and recovery care facility could be considered as having a
lesser impact on parks if such facility provided comparable open space and recreational
amenities within the facility itself; and
WHEREAS, the Council of the City of Bakersfield, conducted and held a public
hearing on WEDNESDAY, May 12, 1999, on the above described amendment to the
Bakersfield Municipal Code and, notice of time and place of the hearing having been given as
required by the Government Code; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
true and correct.
All of the foregoing recitals, incorporated herein, are hereby found to be
2. All required public notices have been given.
OF!LtZ~INAL
3. The project is exempt from CEQA in accordance to State CEQA
Guidelines Section 15061 (b)(3), general rule.
4. This ordinance is in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Section E is hereby added to Section 15.80.020 of the Bakersfield Municipal
Code to read as follows:
E. "Multiple-service medical and recovery care facility" means a facility that
includes skilled nursing beds, assisted living, and independent living apartments, described as
follows:
Skilled nursing is commonly known as nursing homes providing
around the clock nursing care staffed by licensed administrators,
nurses, nurse assistants, registered dieticians, activity directors
and staff development and education. Skilled nursing facilities
generally offer care one step below a general acute hospital.
Assisted living provides a level of personal care primarily to serve
the ambulatory, but frail client in a residential living environment
where residents receive individualized assistance, supportive
services and health care, such as requiring assistance in one or
more activities such as providing medication, housework, meal
preparation, eating, shopping, dressing and bathing. The level of
care is a median between nursing home and independent
(congregate) living.
Independent living units, also known as congregate care, am a
self-contained apartment which includes a kitchen, and has
supportive services such as meal service, housekeeping,
transportation, nursing, medical, and social and recreational
activities which are available for residents. An independent living
unit is defined as a residential dwelling unit which is subject to this
Chapter.
SECTION 2.
Section 15.80.125 of the Bakersfield Municipal Code is hereby added to read as
follows:
15.80.125
Park Land Dedication In-Lieu Fee Credit for Multiple-Service Medical and
Recovery Care Facility.
Only one of the two types of credit allowed under this section shall be given. An
applicant who seeks a credit under this section shall submit a letter requesting
said credit concurrently with the application for approval of a tentative subdivision
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map, or parcel map waiver. The letter must specifically state which type of credit
is being requested, enumerate how the facility meets each of the criteria listed in
this section; include a copy of the floor plan(s), a site plan identifying the
recreational and open space facilities for credit, including acreage and square
footage of said facilities; and other reasonable documentation the Planning
Director, or his designee, may request to make a determination whether the
request meets the requirements of this section.
A multiple-service medical care and recovery residential facility may receive a
fifty percent (50%) credit on the amount of the park land dedication required for
the development provided the project satisfies all of the following criteria:
Demonstrate to the satisfaction of the advisory agency that the facility is a
multiple-service medical and recovery development that includes skilled
nursing, assisted living and independent living care, as defined in Section
15.80.020(E) of this Code; and
The facility is part of an approved PUD (Planned Unit Development) zone,
or said credit may be approved on the condition that a PUD (Planned Unit
Development) zone change for the subject property is approved by the
City Council within three (3) months after recordation of the final map; and
The applicant or developer shall enter into an agreement with the City of
Bakersfield which clearly identifies the amenities which shall be
developed and which meet the on-site park, open space, garden or other
specially dedicated outdoor area requirements of Section
15.80.125(B)(6). Such agreement shall require that the amenities be
completed and approved by the Development Services Director prior to
issuance of a certificate of occupancy for the multiple-service medical and
recovery care facility; and
The facility provides for continued maintenance and preservation of the
recreation open space by recorded written agreement, covenants,
restrictions or other instrument approved by the City Attorney. The
recorded instrument shall run with the land and may not be amended
without prior written approval of the City.
The facility must have a minimum of 90 independent living units, and the
number of independent living units shall not to exceed thirty percent
(30%) of the total number of units and/or beds of the multiple-service
medical and recovery care facility; and
The facility must provide an on-site park, open space, garden or other
specially dedicated outdoor area that is "useable'° for passive or active
recreation activity of at least one-half acre in size or at least fifty percent
(50%) of the total amount of park land dedication required, whichever is
greater. Usable means the open space area shall be reasonably
adaptable for use as park and recreational purposes taking into
consideration such factors as size, shape, topography, geology, access
and location of the open space. Areas required by zoning or building
ordinances such as yard, setback, landscaping, parking, and drainage or
detention basins may not be used as any part of the open space, gardens
or other outdoor activity area proposed to satisfy the requirements of this
section.
A multiple-service medical and recovery care facility which satisfies all of the
following criteria shall not be required to dedicate land for a public park or pay a
fee in-lieu of land dedication as required by Chapter 15.80 of the Bakersfield
Municipal Code for the facility's residential independent living units.
The facility shall meet the requirements of subsections 1, 2, 3, and 4 of
Section 15.80.125(B), and the applicant or developer shall enter into an
agreement with the City of Bakersfield which clearly identifies the
amenities which shall be developed and which meet the on-site park,
open space, garden or other specially dedicated outdoor area
requirements of Section 15.80.125(C). Such agreement shall require that
the amenities be completed and approved by the Development Services
Director prior to issuance of a certificate of occupancy for the multiple-
service medical and recovery care facility; and
The facility must have a minimum of 120 independent living units, and the
number of independent living units shall not exceed fifty percent (50%) of
the total number of units and/or beds of the multiple-service medical and
recovery care facility; and
The facility shall provide an on-site park, open space, garden or other
specially dedicated outdoor area that is "useable," as defined in Section
15.80.125(B)(6). Said "useable area" shall be a minimum of two (2) acres
or the amount of acreage which, absent the credit provisions, would be
required to be dedicated by the facility under Section 15.80.070,
whichever is greater.
The facility shall provide an indoor recreation room for such activities as,
exercise, arts and crafts, and other group activities for the independent
living unit residents. The room shall have a minimum capacity of forty-
five (45) people; and
In addition to the park or outdoor open space and the indoor recreation
room, the facility shall provide at least one other recreational amenity as
follows:
a. Swimming or therapeutic pool.
b. Amphitheater or auditorium.
Indoor gym for activities such as basketball, badminton and
volleyball.
d. Indoor courts for such activities as racquetball or handball.
e. Running or walking track or trail with specialty surface.
f. Multiple station exercise par course.
g. Golf course.
Other comparable facility as approved by the planning
commission or city council.
At the option of the applicant, the full amount of the fee, which does not include
said credit as described in paragraphs B and C above, may be paid at the time of
recordation of a final map or certificate of compliance. Subsequent to
recordation of a final map or certificate of compliance, and within three (3)
months of date of recordation of said documents, the applicant may submit a
written request to the Development Services Director for refund of fifty percent
(50%) or one hundred percent (100%) of the fee paid, subject to the criteria listed
in this section. Such a request must be made within three months of recordation
of a final map or certificate of compliance. If no request is made within said time
period, this credit becomes void, and no refund shall be made, The
Development Services Director shall have fourteen (14) days to respond to a
request.
The appeal procedure for this section shall be in accordance with Chapter 16.52
of the Bakersfield Municipal Code.
SECTION 3.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (30) days from and after the date of its
passage.
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
MAY 1 :~ 1999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT
COUNCILMEMBER CA SON, DEMOND, MACCARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
APPROVED MAY 12 1999
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern )
PAMELA A. MCCARTHY, 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 14th day of May , 1999 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3896
Bakersfield City Council at a meeting held on the 12th day of
entitled:
, passed by the
May 1999 , and
ORDINANCE AMENDING SECTION 15.80.020 AND ADDING SECTION
15.80.125 TO TITLE 15 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO PARK LAND DEDICATION IN-LIEU FEE CREDIT FOR
MULTIPLE-SERVICE MEDICAL AND RECOVERY CARE FACILITIES.
Is/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
S:\DOCUMENT~AOPOSTING
May 14, 1999
CITY OF BAKERSFIELD
APPROVED as to form:
BART J. THILTGEN
CITY ATTORNEY
/
.... RE "E.:N~NDEZ'
Assistant City Attorney
S:\parkord\Chl 5-80-1and\ord3-1and.wpd
April 28, 1999
6
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern
PAMELA A. MCCARTHY, 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 14th
day of May , 1999 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3896
Bakersfield City Council at a meeting held on the 12th day of
entitled:
, passed by the
May 1999 , and
ORDINANCE AMENDING SECTION 15.80.020 AND ADDING SECTION
15.80.125 TO TITLE 15 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO PARK LAND DEDICATION IN-LIEU FEE CREDIT FOR
MULTIPLE-SERVICE MEDICAL AND RECOVERY CARE FACILITIES.
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
S:\DOCUMENT~,OPOSTING
May 14, 1999