HomeMy WebLinkAboutRES NO 220-02RESOLUTION NO. 2 20- 0 2
RESOLUTION APPROVING AND ADOPTING AN
ADJUSTED FEE FOR THE DEVELOPMENT AND
IMPROVEMENT OF PARKS WITHIN THE CITY
OF BAKERSFIELD
WHEREAS, Chapter 15.82 of the Bakersfield Municipal Code requires the
Public Works Director to submit an annual report to the City Council with updated, new
or additional information regarding the park development fee amount to be collected for
each new dwelling unit, and that a public hearing shall be conducted if the City Council
determines that the fee schedule should be adjusted; and
WHEREAS, on December 11, 2002, said Public Works Director's report
was submitted to the City Council to consider adjustment of a fee for the purposes of
developing and improving parks and recreational facilities within the City of Bakersfield;
and
WHEREAS, on December 11,2002, the City Council continued a public
hearing to receive public comment regarding the proposed adjusted park development
and improvement fee schedule; and
WHEREAS, informational notices were mailed to the Building Industry
Association, Architects Association and North Bakersfield Recreation and Parks District;
and
WHEREAS, the law and regulations relating to the preparation and
adoption of Negative Declarations as set forth in CEQA and the City of Bakersfield local
implementation procedures have been duly followed by the City staff; and
WHEREAS, for the above described resolution, City Council approved a
Negative Declaration on October 17, 1990; and
WHEREAS, new residential development generates a need for improved
public parks and recreational facilities; and
WHEREAS, the fee addresses the City of Bakersfield's particular needs
for the provision of improved local public parks for new residential development; and
WHEREAS, Policy Three of the Parks Element of the Metropolitan
Bakersfield 2010 General Plan requires new residential development to provide
improvements and/or in-lieu fees for parks; and
WHEREAS, the requirements of Section 66001 of the Government Code
have been met; and
WHEREAS, the Construction Cost Index indicates an inflationary increase
of 1.95% based upon annual averages for calendar years 2001 and 2000; and
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WHEREAS, the City Council desires to adjust the fee for inflation in
accordance with the Construction Cost Index; and
WHEREAS, the City Council, from time to time, may consider adjustment
to the fee schedule to reflect new information effecting the fee, as specified in
Ordinance No. 3327; and
WHEREAS, the amount of the fee shall be levied as follows, except as
specified as exempt in Ordinance No. 3327.
Single Family Dwelling $647
Duplex Dwelling Unit $647
Multiple Family Dwelling Unit $647
Mobile Home $647
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS
FOLLOWS:
1. The above recitals, incorporated herein, are true and correct.
2. All required public notices have been given.
3. The provisions of CEQA have been followed.
The Negative Declaration approved and adopted on October
17, 1990 is adequate for the proposed adjustment in the
amount of park fee.
The fee is in the public interest and is necessary for public
convenience, health, welfare and safety.
The fee established by this resolution is for the purposes of
developing, improving and/or enhancing public parks and
recreation facilities within the City of Bakersfield.
The fee shall be used to defray all or a portion of the cost of
developing, improving or enhancing of public parks and
recreation facilities serving new residential developments.
These parks and recreation facilities shall be identified in the
capital improvement plan, the Parks Element of the
Metropolitan Bakersfield 2010 General Plan or other
comprehensive plans concerning parks.
8. There is a reasonable relationship between the fee's use
and the type of development project on which the fee wild be
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10.
11.
12.
13.
imposed because the fee is calculated in relationship to the
number of people residing in the development and the
current estimated cost of developing, improving or
enhancing of public parks and recreation facilities.
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
which the fee is imposed.
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 developed parks and recreational
facilities at the level of service (standard rate) required by
the General Plan.
The requirements of Section 66001 of the Government Code
have been met.
The requirements of Bakersfield Municipal Code Chapter
15.82 relative to the Public Works Director's Annual report
have been met.
Such fee as stated above is hereby approved and adopted,
effective sixty (60) days upon adoption of this resolution.
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on
nfo. 1 1 ?Nfl? by the following vote:
AYES:
NOES:
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ¢~;-~
PAMELA A. McCARTHY, C~C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED DEC 1
Mayor of the City of Bakersfield
APPROVED as to form
BART J. THILTGEN
City Attorney
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