HomeMy WebLinkAboutORD NO 3803ORDINANCE NO. 3 8 0 ~
AN ORDINANCE AMENDING SECTION 15.82.070 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO FEES
FOR PARK DEVELOPMENT AND IMPROVEMENT IN THE
NORTH BAKERSFIELD RECREATION AND PARK
DISTRICT.
WHEREAS, the provisions of CEQA have been followed; 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 adverse effect on
the environment and a Negative Declaration was prepared; and
WHEREAS, Policy 3 of the Parks Element of the Metropolitan Bakersfield 2010
General Plan requires new residential development to provide dedication of land, pay in-
lieu fees or a combination of both, and develop public parks to serve those new residential
developments; and
WHEREAS, this ordinance requires all new residential dwelling units, including
those within the North Bakersfield Recreation and Parks District, to pay a fee for
developing parks; and
WHEREAS, this ordinance is in the public interest, necessary for public
convenience, health, safety and welfare; and
WHEREAS, based on the evidence on record with the City Clerk and made a part
of the record herein, the Council of the City of Bakersfield has made the following findings
in accordance with the requirements of Section 66000 of the Government Code:
1. The fee established by the ordinance is for the purpose of developing,
improving and/or enhancing public parks and recreation facilities serving the residential
development. Parks and recreation facilities are identified in the capital improvement plan,
the Parks Element of the Bakersfield Metropolitan 2010 General Plan, or comprehensive
park plan approved by the City Council.
2. 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.
3. 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 parks and recreational facilities at the level of service
required by the General Plan.
4. 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
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ORIGINAL
development on which the fee is imposed.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Section 15.82.065 of the Bakersfield Municipal Code is hereby amended to read as
follows:
15.82.070 Exemptions.
The provisions of this article shall not apply to the following:
A. Reconstruction, rehabilitation, remodel or replacement of a dwelling unit
structure, provided the replacement structure is the same type of unit, does not create
additional dwelling units and is substantially the same size as the structure it replaces.
B. Subdivisions or development for which park development, improvement
and/or enhancement requirements have previously been satisfied and evidence of such
satisfaction, acceptable to the city is submitted. However, subsequent division of such
parcels may result in additional fees set forth in this chapter.
C. Condominium conversion projects or stock cooperatives which consist of the
subdivision of airspace in an existing apartment building when no new dwelling units are
added.
D. Commercial retail and office, and industrial subdivisions with no residential
development or uses. However, fees shall be required where a residential dwelling unit is
constructed in conjunction with commercial or industrial subdivisions.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on ~10V 5 1~97
by the following vote:
~iy~g. ~o ~1 ~,'~ lr";:R DESPOND CARSON SMITH McDERMO'I*T, ROWLES, SULLIVAN SALVAGGIO
ABSEN~ COUNC!LMEMBER Y'[.-{!"~, JL ~
CITY CLERK and EX OFFICIO(~f the
Council of the City of Bakersfield
APPROVED: I'10V
BOB PRIC~,, MAYOR
CITY OF BAKERSFIELD
1997
APPROVED AS TO FORM:
JUDY K. SKOUSEN
CITYATTORNEY
Assistant City Attorney
S:~COU NClL~:)R D'~PAR K- DEV.FE E
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o ~
OR GtNAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
) SS.
COUNTY OF KERN )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 6th day of November, 1997 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3803, passed by the
Bakersfield City Council at a meeting held on the 5th day of November, 1997, and entitled:
Ordinance amending Section 15.82.070 of the Bakersfiel
Municipal Code relating to fees for park development and
improvements in the North Bakersfield Recreation and Park
District.
Is/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Cl~rk