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HomeMy WebLinkAboutRES NO 115-93RESOLU~?ON NO. ~ ~ ~ - 9 ~ RESOLUTION APPROVING AND ADOPTING AN ADJUSTED FEE FOR THE DEVELOPMENT AND IMPROVEMENT OF PARKS WITHIN THE CITY OF BAKERSFIELD. WHEREAS, the requirements of Section 54992 of the California Government Code have been satisfied as they relate to revision of planning, zoning, development and related processing fees; and 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 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 June 1, 1993, 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 June 1, 1993, 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. 107-86 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 particular needs for the provision of for new residential development; and the City of Bakersfield's improved local public parks 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 - i - WHEREAS, the requirements of Section 66000 of the Government Code have been met; and WHEREAS, the Consumer Price Index indicates an inflationary increase of 4.0 percent for the year ending March 1993; and WHEREAS, the City Council desires to adjust the fee for inflation in accordance with the Consumer Price Index; and 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 $670.00 per unit $545.00 per unit $505.00 per unit $475.00 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 recreation 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 provision of CEQA have been followed. 4. The Negative Declaration approved and adopted on October 17, 1990 is adequate for the proposed adjustment in the amount of park fee. 5. The fee is in the public interest and is necessary for public convenience, health, welfare and safety. 6. 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. - 2 7. 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 ~rks. 8. 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. 9. 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 on which the fee is imposed. 10. 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. 11. The requirements of Section 66000 of the Government Code have been met. 12. Such fee may be reconsidered pending the approval of the park and recreation plan. 13. The requirements of Bakersfield Municipal Code Chapter 15.82 have been met. 14. Such fee as stated above is hereby approved and adopted, effective sixty (60) days upon adoption of this resolution. .......... o0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council ~ ~ ~ty of Bakersfield at a regular meeting thereof held on N , by the following vote: AYES: COUNCILMENI~ER$: ~,~, D~MOND, SMITH, BRUNNt~KANE. McDERMOTT SALVAGGiO NOES: COtJNClLMEMBERS ~ ~ ABSENT COUNCtLMEI~BERS: ~",~-~_~_ ~ ~-..~L.~ ABSTAIN COUNCILMEMBERS' ~,~ ~..~.._ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JUN 2 ~, 1993 MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield D1 DEVFEE93 · BES JE/mro 05/03/93 - 4 -