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HomeMy WebLinkAboutRES NO 169-03 169-03 RESOLUTION NO. 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 and improvement 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 September 10, 2003, 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 September 10, 2003, the City Council held 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 G:\GROUPDAT~ADMINRPTX2003\09-10\Park Der Fee Res. DOCI WHEREAS, based on the last five years of building permit data, the ratio of type of building permits is, for every 100 permits there are 97 permits for single family and 3 permits for multiple family units; and WHEREAS, the formula for the "flat fee" Park Development Fee is based on a weighted average of persons per dwelling unit; and WHEREAS, the City Council, from time to time, may consider adjustment to the fee schedule to reflect new information affecting 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 $1,275 Duplex Dwelling Unit $1,275 Multiple Family Dwelling Unit $1,275 Mobile Home $1,275 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. G:\GROUPDATxADMINRFIL2003\09-10\Park Dev Fee Res,DOC2 10. 11. 12. 13. There is a reasonable relationship between the fee's use and the type of development project on which the fee will be 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. G:\GROUPDAT~ADMINRPT~2003\09-10\Park Dev Fee Res. DOC3 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 c;Fp 1 0 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNC~LMEMBER COUNCILMEMBER PAMELA A. McCARTHY, C,I~IC CITY CLERK and Ex Officio~'-'Clerk of the Council of the City of Bakersfield APPROVED SEP 10 2003 Mayor of the City of Bakersfield APPROVED as to form BART J. THILTGE,/~ City Attorney G:\GROUPDATXADMINRFI~2003\09-10\Park Dev Fee Res. DOC4