HomeMy WebLinkAboutORD NO 3897ORDINANCE NO. 3 8 9 '2'
AN ORDINANCE AMENDING SECTION 15.82,020 and ADDING
SECTION 15.82.065 TO TITLE FIFTEEN OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO PARK
DEVELOPMENT 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 development 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 payment of said 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 recommends the City Council approve an addition
and amendment to Chapter 15.82 of the Bakersfield Municipal Code allowing credit towards the
park development 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, said Committee direct staff to pursue a similar ordinance to allow a
reduced park land dedication in-lieu fee; 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.
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.
as follows:
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
SECTION 1.
Section E is hereby added to Section 15.82.020 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 cam, are 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 15.82.065 of the Bakersfield Municipal Code is hereby added to read as
follows:
15.82.065
Park Development 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 credit under this section shall be required to submit a letter
making such request to the Planning Director as part of an application for a zone
change to a PUD (Planned Unit Development) zone. The letter must specifically
state which type of credit is being requested; enumerate how the facility meets
2
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, 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.
Each residential independent living unit as part of a multiple-service medical and
recovery care facility which satisfies the following criteria shall pay fifty percent
(50%) of the amount of the adopted park development fee.
Demonstrate that the facility is a multiple-service medical and recovery
development that includes skilled nursing, assisted living and
independent living units, as defined in Section 15.82.020(E) of this Code;
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 15.82.065(B)(5)
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 of and preservation of the
open space and/or recreation facilities 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; and
The facility must have a minimum of 90 independent living units, and the
number of independent living units shall not to exceed 30% of the total
number of units and/or beds of the multiple-service medical and recovery
care facility; and
The facility shall provide on-site at least one of the following for the
independent living unit residents:
A minimum of one-half acre of outdoor open space, garden, or
other specially dedicated outdoor activity area that is "usable."
Usable area means the outdoor area shall be reasonably
adaptable and improved 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
shall not be used as any part of the open space, gardens or other
outdoor activity area proposed to satisfy the requirements of this
section.
3
Indoor recreation room for exercise, arts and crafts, and other
group activities. Size of room shall have a minimum capacity of
forty-five (45) people.
c. Swimming or therapeutic pool.
d. Amphitheater or auditorium.
Indoor gym for activities such as basketball, badminton and
volleyball.
Indoor courts for such activities as racquetball or handball.
Running or walking track or trail with specialty surface.
Multiple station exercise par course.
I. Golf course
Other comparable facility as approved by the planning
commission or city council.
Each residential independent living unit as part of a multiple-service medical and
recovery care facility which satisfies all of the following criteria shall not be
required to pay the adopted park development fee.
The facility shall meet the requirements of subsections 1, 2, and 3 of
Section 15.82.065(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 15.82.065(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 to exceed 50% of the
total number of units and/or beds of the multiple-service medical and
recovery care facility; and
The facility shall provide indoor recreation rooms for such activities as
exercise, arts and crafts, and other group activities for the independent
living unit residents. There shall be at least one room with a minimum
capacity of forty-five (45) people; and
The facility shall provide no less than two acres of outdoor open space,
garden, or other specially dedicated outdoor activity area that is "usable."
The outdoor area shall be reasonably adaptable and improved 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 shall
not be used as any part of the open space, gardens or other outdoor
activity area proposed to satisfy the requirements of this section; and
one of the amenities listed in Section 15.82.065(B)(5)(c)-(j).
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 issuance of the building permit for any independent living unit. Subsequent to
payment of the fee in full, and if the city council approves a PUD (Planned Unit
Development) zone change that includes open space and recreation facilities
that meet the requirements of this section, the applicant may submit a written
request to the Development Services Director for refund of fifty percent (50%) or
one hundred (100%) of the fee paid, subject to the criteria listed in this section,
and a refund shall be issued to the applicant or appropriate payee. However,
said request must be made within three (3) months of issuance of a Certificate
of Occupancy for the building containing independent living units. 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 Section
17.64.090 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.
......... 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
M/~Y 1. '2 t.q.q.q , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CA SON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
Council of the City of Bakersfield
APPROVED MAY 12 1999
CITY OF BAI,(~RSFIELD
5
APPROVED as to form:
BART J. THILTGEN
CITY ATTORNEY
CARL HERNANDEZ
Assistant City Attorney
S :~parkord~Ch 15-82-dev~ord3-dev. wpd
April 28, 1999
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
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. 3897
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
15.82.065 TO TITLE 15 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO PARK DEVELOPMENT FEE CREDIT FOR MULTIPLE-
SERVICE MEDICAL AND RECOVERY CARE FACILITIES.
Is/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
DBEPUTY City Clerk~y/z'rZ~
S:',DOCUMEN'I'~OPOSTING
May 14, 1999