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HomeMy WebLinkAboutORD NO 3716ORDINANCE NO. 3 ? ! 6 AN ORDINANCE ADDING SECTION 15.80.85 TO CHAPTER 15.80, AND DELETING SECTION 15.80.180, AND AMENDING SECTION 15.80.190 OF THE MUNICIPAL CODE RELATING TO DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR THE PURPOSES OF PARKS AND RECREATION LAND. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 15.80.180 is hereby deleted in its entirety. SECTION 2. Section 15.80.185 is hereby added to section 15.80 of the Bakersfield Municipal Code to read as follows: 15.80.185 North Bakersfield Recreation and Park District. The provisions of this article shall expressly apply to those areas which are within the incorporated City boundaries and the boundaries of the North Bakersfield Recreation and Park District. SECTION 3. Section 15.80.190 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.80.190 Exemptions. The provisions of this Chapter shall not apply to the following: a. Commercial, retail, office and industrial subdivisions and uses with no residential development or uses. In lieu fees shall be required where a residential dwelling unit is constructed in conjunction with commercial or industrial subdivisions. b. Condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apadment building which is more than five years old and when no new dwelling units are added. c. Reconstruction, rehabilitation, remodel or replacement of a residential structure, providing the replacement structure is the same type of unit, does not create additional residential units, and is substantially the same size as the structure it replaces. d. Subdivisions or development for which park dedication requirements have previously been met and evidence acceptable to the City is submitted by the subdivider. However, subsequent division of such parcels may required dedications, in lieu fees, and/or both as set forth in this Chapter. SECTION 4 This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shalt become effective concurrently with the effective date of an ordinance adopted by the County of Kern which provides North Bakersfield Park and Recreation District with a similar in lieu fee formula. If the County of Kern fails to adopt such an ordinance by December 31, 1996, this ordinance shall be automatically rescinded. -2- 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 JUN ~ $ 19~ , by the following vote: AYES: COUNCILMEMBER OeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGG!O NOES: C0UNCtLMEMBER ~C'r,,~ AP..STAtN: COUNCiLMEMBER ABSF. NI~ COUNCILMEMBER )~'~r-~ ~ . ,ACtJn.q CITY CLERK and Ex OfficioCClerk of the - Council of the City of Bakersfield APPROVED. JUN 2 6 1996 BOB PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY / JUDY ~, SKOUSEN, City A~torney GG\meg $:\COUNCILIORD\PARKLAND.FEE ~une 28, 1996 -3- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) County of Kern ) CAROL WILLIAMS, 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 5th day of July City Hall, a full, Ordinance No. Bakersfield City Council at a meeting held on the June , 1996 , and entitled: , 199~ she posted on the Bulletin Board at true and correct copy of the following: , passed by the 2~th day of An Ordinance adding Section 15.80.85 to Chapter 15.80, and deleting Section 15.80.180, and amending Section 15.80.190 of the Municipal Code relating to dedication of land, pa}~ent of fees, or both for the purposes of parks and recreation land. By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPUTY City Clerk