HomeMy WebLinkAboutRES NO 149-97RESOLUTION NO. ']' 4 9 - 9 7
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 September 24, 1997, 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 24, 1997, the City Council held a public hearing
to receive public comment regarding the proposed adjusted park development and
improvement fee schedule; 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 Resolution No.
212-92 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
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WHEREAS, based on the last four years of building permit data, the ratio of
type of building permits is, for every 100 permits there are 85 permits for single family and
15 permits for apartments; and
WHEREAS, the formula for the '~lat fee" Park Development Fee is based on
a weighted average persons per dwelling unit.
WHEREAS, the amount of the fee shall be levied as follows, except as
specified as exempt in Ordinance No. 3327.
One Family Dwelling
Duplex
Multiple Family
Mobile Home
$615.00 per unit
$615.00 per unit
$615.00 per unit
$615.00 per unit
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, a park and recreational plan is expected to be prepared and
considered by the City Council within the next year.
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.
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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 plan concerning parks.
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 parks and
recreational facilities. It is necessary to provide for developed parks
to satisfy the 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.
Such fee may be reconsidered at the time of the approval of the park
and recreation plan.
The requirements of Bakersfield Municipal Code Chapter 15.82 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 SEP 2 ~, 1997, by
the following vote:
AYES: COUNCILMEM£ER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULUVAN, SALV/~,CG~O
NOES: COUNCI~,.;E!~ER
ABSTAIN: COUNCILMEM~JER
~SENT: COUNCILMEMBER
CITY CLERK AND EX OFFICIO (~_ERK of
the Council of the City of Bakersfield
APPROVED
SEP 2 ,~ 1997
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
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