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HomeMy WebLinkAboutRES NO 140-90RESOLUTION NO. 140-90 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING AND ADOPTING 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, t~he City Council, at the regularly scheduled meeting of October 17, 1990, held a public hearing to consider a fee for the purposes of developing and improving parks and recre- ational facilities within the City of Bakersfield; and WHEREAS, for the above described ordinance, 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, advertised and posted on March 20, 1990; and WHEREAS, tlhe law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and the City of Bakersfield Resolution 107-86 have been duly followed by the Cit~ staff; and WHEREAS, n.ew residential development generates a need for improved public pari~s and recreational facilities; and WHEREAS, tlhe 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 66000 of the Government Code have been met; and WHEREAS, by the Council of the City of Bakersfield that the following fee schedule shall be levied on non-exempt uses as specified in Ordinance No. 3327 One Family Dwelling Duplex Multiple Family Mobile Home $ 610.00 per unit $ 485.00 per unit $ 440.00 per unit $ 420.00 per unit ORIGINAL 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 two years. NOW THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals, incorporated herein, are true and correct. 2. All required public notice have been given. 3. The provision of CEQA have been followed. 4. The Negative Declaration for the proposed park fee is hereby approve and .adopted. 5. The fee is in the public interest, is necessary for public convenience, health, welfare and safety. 6. The fee established by this resolution is for the purpose of developing, improving and/or enhancing public parks and recreation facilities within the City of Bakersfield. 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 faciliti~es 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 con- cerning parks. 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 constructing a park. Fees would be used to develop and/or improve new parks or enhance existing parks to serve the residents of the development. 9. There is a reasonable relationship between the amount of the fee and the cost of parks and recreational facili- ties or portion thereof attributable to the residential develop- ment on which the fee is imposed. -2- ORIGINAL 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 req,airements 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. Such fee as stated above is hereby approved and adopted, effective thirty days after the second reading of Ordinance No. 3327 .......... o0o .......... -3- OFII~tN~L 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 the 17t5 of October 1990 by the following vote: AYES; COUNCILMEMBERS: EDWAR_DS, DeMOND, SMITH, t~l*f)~, ~, ~.~[2,'.'3~',, SALVAGGIO NOES; COUNCILMEMBERS: ~E~o~ ~c ~o~ ABSENT COUNCILMEMBERS: ~ / ABSTAIN: COU~ILMEMBERS' ~0~ Council of the City of Bakersfield APPROVED this 17th day of Oct. , 1990 ¢~. MEDDER~ MAYOR of the City of Bakersfield APPROVED as to form: ROBERT M. SHERFY ~ CITY ATTORNEY of the City of Bakersfield -4- r/rpd ~F~ pjt ~ ~