HomeMy WebLinkAboutRES NO 37-96RESOLUTION NO. ~ ~ "9 6
RESOLUTION APPROVING AND ADOPTING FEE FOR
THE IMPROVEMENT OF TRAILS RELATED TO PHASE 1
(ONE) OF THE SPECIFIC TRAILS PLAN.
WHEREAS, the requirements of Sections 66018 and 66000 of the
California Government Code have been satisfied as they relate to procedures for
adopting new fees; and
WHEREAS, Chapter 12.64 of the Bakersfield Municipal Code authorizes
collection of a fee for the improvement of trails pursuant to the Specific Trails Plan; and
WHEREAS, the Specific Trails Plan includes a formula for calculating the
proportional share of costs to improve trails for each residential dwelling unit located in
the Phase 1 planning area; and
WHEREAS, Phase 1 of the Specific Trails Plan has been approved and
adopted describing the location and typical design standard for trails for the Phase 1
Planning Area, located in the general vicinity of the Kern River, Rancheria Road,
Highway 178 and of Alfred Hartell Highway; and
WHEREAS, new development within the Phase I Planning Area generates
a need for land acquisition for trails, and its improvement; and
WHEREAS, the City Council, through its Secretary, did set, WEDNESDAY,
JANUARY 10, 1996, at the hour of 7:30 p.m. in the Council Chambers of City Hall, 1501
Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing
before said Council on said items, and said public hearing was held in the manner set
forth in the Bakersfield Municipal Code; and
WHEREAS, the City Council referred the Specific Trails Plan and related
ordinance to the Urban Development Committee for further review; and
WHEREAS, the Urban Development Committee discussed said items in
meetings held, January 17 and 29, 1996; and
WHEREAS, the Urban Development Committee submitted a report to the
City Council recommending approval of the Specific Trails Plan and related ordinance
with some changes; and
WHEREAS, the City Council, through the City Clerk, did set,
WEDNESDAY, MARCH 6, 1996, at the hour of 7 p.m. in the Council Chambers of
City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a
public hearing before said Council on said items, and said public hearing was held in the
manner set forth in the Bakersfield Municipal Code and State Government Code; and
WHEREAS, the Specific Trails Plan has provided that trail land is a 0.5
acre per 1000 population credit toward the park land requirement for the Phase 1
planning area; and
WHEREAS, the park land requirement for the Phase 1 planning area is 2
acres per 1000 population because of said credit; and
WHEREAS, the amount of the fees to develop and improve parks and
trails are set by a resolution; and
WHEREAS, it is anticipated that the combined amount of the fees for the
park and trail development and improvement in Phase 1 planning area of the Specific
Trails Plan to be commensurate with the amount set for developing and improving parks
at the standard of 2.5 acres per 1000 population; and
WHEREAS, the laws and regulations relating to the preparation and
adoption of the Negative Declaration, as set forth in CEQA and City of Bakersfield's
CEQA Implementation Procedures, have been duly followed by city stuff, Planning
Commission and Council; and
WHEREAS, for the above-described project, an Initial Study was
conducted and it was determined that the proposed project would not have a significant
effect on the environment and a Negative Declaration was prepared and posted on June
19, 1995 and September 1, 1995 in accordance with CEQA; and
WHEREAS, the City Council shall estublish, and from time to time, may
adjust or revise said fees to reflect new information effecting the fee; and
WHEREAS, the Council has considered and hereby makes the following
findings:
1. All required public notices have been given.
2. The provisions of California Environmentul Quality Act (CEQA) have
been followed.
3. The resolution is consistent with the objectives, goals and policies of the
Metropolitan Bakersfield 2010 General Plan.
4. The purpose of the fee as authorized by Chapter 12.64 is to provide for the
acquisition and improvement of trails and support facilities as identified in Phase 1 of
the Specific Trails Plan. (G.C. Section 66001(a)(1) and 66001(a)(2).)
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5. There is a reasonable relationship between the fee's use and the type of
development project on which the fee is imposed because residential development causes
increased demand on the circulation system and said fee to provide for a trails system
improves circulation opportunities and alleviates circulation congestion. (G.C. Section
66001(a)(3))
6. There is a reasonable relationship between the need for the public facility
and the type of development project on which the fee is imposed because the fee is
based on the population to be served by the trails system as a circulation system
alleviating congestion as described in the Specific Trails Plan. (G.C. § 66001 (a)(4))
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the
City of Bakersfield as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Negative Declaration is hereby approved and adopted.
3. The City Council hereby establishes and sets the amount of the
improvement fee for parks and trails in the Phase 1 planning area as adopted in the
Specific Trails Plan to be collected at the time of issuance of a building permit for a
residential dwelling unit located within the Phase 1 planning area of the Specific Trails
Plan, as follows:
Type of
Dwelling Unit
Amount of Fee for
Park Improvement
Amount of Fee for
Trail Improvement
One Family
Dwelling
$550 per unit
$120.00 per unit
Duplex $450 per unit $95.00 per unit
Multiple Family
Dwelling
$415 per unit
$90.00 per unit
Mobile Home
$390 per unit
$85.00 per unit
4. Said fees are hereby approved and adopted concurrently effective on the
effective date of the resolution of the City Council amending the amount of fees for
park development and improvement as authorized by Chapter 15.82 of the Bakersfield
Municipal Code, in relation to Phase 1 of the Specific Trails Plan, and no sooner than
sixty (60) days upon adoption of this resolution.
......... 000 ........
I HEREBY CERTIFY that the foregoing Resolution was passed and
by
I~AR 0 6 1996 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON,~VI~TH~ McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER ~r'~
NSSENE.' COUNCILMEMBER
Acting CITY CLERK and Ex Officio C~rk of the
Council of the City of Bakersfield
APPROVED MAR 0 6 ~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
Deputy City Attorney
JENG
March 4, 1996
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