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Home My WebLink AboutORD NO 3745ORDINANCE NO. AN ORDINANCE AMENDING SECTION 15.80.190 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH FOR THE PURPOSES OF PARKS AND RECREATION LAND IN NORTH BAKERSFIELD RECREATION AND PARK DISTRICT. WHEREAS, the North Bakersfield Recreation and Park District (hereinafter, "the District") has revised its park land standard to be consistent with City and County standards of 2.5 acres per 1,000 population as stated in the policies of the Metropolitan Bakersfield 2010 General Plan, and; WHEREAS, on December 9, 1996, the Board of Supervisors of the County of Kern adopted an amendment to the County's Land Division Ordinance which allows the District to determine the amount of payment in lieu of park land dedication based on a fair market value formula for development within the District under County jurisdiction; and WHEREAS, the District has requested the City of Bakersfield amend Chapter 15.80 of the Bakersfield Municipal Code to repeal Section 15.80.190 (A), which exempts the District from requiring dedication of park land, payment of fees or both in accordance with said Chapter, and; WHEREAS, in compliance with this request, Section 15.80.190 (A) is amended, repealing the exemption of the District from the requirement to dedication park land, pay a fee or both, and; WHEREAS, the purpose of the dedication of land, payment of fee in lieu of land dedication or both is provide park and recreation land in accordance with Government Code Section 66477, commonly known as the "Quimby Act," and; WHEREAS, the fee shall be used for providing park and recreation land as shown in the "2010 Park and Recreation Master Plan" and "2010 Capital Improvement Plan" adopted by the District Board, and; WHEREAS, there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed because the development of additional residential units result in an increase in residential population which must be provided with park services consistent with the policies of the Metropolitan Bakersfield 2010 General Plan, local ordinance, and District policy, and; (January 13~ 1997) PAGE 1 OF 3 WHEREAS, there is a reasonable relationship between the need for parks and residential development on which the fee is imposed because the development of additional residential units result in an increase in residential population which must be provided with park services consistent with the policies of the Metropolitan Bakersfield 2010 General Plan, local ordinance, and District policy. WHEREAS, amendment to Chapter 15.80 of the Bakersfield Municipal Code as requested by the District would result in consistent application of the requirements of said Chapter within City jurisdiction, and; WHEREAS, said amendment would also provide a requirement comparable to that adopted by the County for development within the District under County jurisdiction, and; WHEREAS, the proposed amendment is exempt from CEQA pursuant to Section 15061 b.$, because there is no environmental impact resulting from the project. NOW, THEREFORE BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 15.80190 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.80190 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 construction in conjunction with commercial or industrial subdivisions. B. Condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment 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. (January 13, 1997) PAGE 2 OF 3 D. Subdivisions or development for which park land dedication requirements have previously been met and evidence acceptable to the City is submitted by the subdivider. However, subsequent division of such parcels map require dedications, in lieu fees, and/or both as set forth in this Chapter. SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and Government Code Section 66017, and shall become effective sixty (60) days from and after the date of its passage. ..... o0o ..... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the City Council of the City of Bakersfield at the regular meeting thereof held on !4AR ! 2 1997 , by the following vote: ¢E~ (c~"'~,C .... :-:FP )eMOND, CARSON, ~i~lTH, II~I~RMOT[, ROWLES, SULLIVAN $~l A~EN'~ COUNCIlEMBER ..... ~O~ CI~ CLERK and Ex O~c[d Clerk of the Council of the City of Bakersfield ~U~I~ 1 t 1997 APPROVED MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CI-I~(/~-I?ORN EY LAURA MARINO ASSISTANT CITY ATTORNEY je S:\OPKL.NOR (January 13, 1997) PAGE 3 OF 3 North Bakersfield Recreation & Park District 405, Avenue, Bal ersfield, c aI JBrnia 93308 ($05) 392-2000 DeCember 12, 1996 Mr. Jack Hardisty, Director City of Bakersfield Development Services 1715 Chester Avenue Bakersfield, California 93301 CITY OF Dear Hr. Hardisty: On December 9, 1996, the Kern County Board of Supervisors adopted an ordinance that amended North Bakersfield Recreation and Park District's Quimby In-Lieu Fee re(~irement, as contained in the County Land Division Ordinance. This County Ordinance adopts similar in-lieu fee formula language to that of the City Municipal Code relating to "Dedication of Land, Payment of Fees, or for the Purposes of Parks and Recreation Lands". Thus, hopefully, Section 4 of the City Ordinance No. 3716 has been sufficiently complied with and can ~o into effect. This will allow the District to continue to impose uniform park in-lieu fee requirements in both the City and County areas of the District. The request to impose a park development fee for the County areas of the District was not supported by County Plannin~ staff. (Report to County Board of Supervisors of November 4, 1996, and December 9, 1996, are enclosed). The District, after evaluatin~ the County's concerns regarding this issue, has agreed to explore other funding possibilities for District park development requirements. It is our intent that such fundin~ would be provided for both County and City areas of the District. We have recently hired QUAD Engineering as our consultants regarding this matter and will focus on a District-wide park bond or a park development Mello-Roos Assessment District. In either case, City support of the selected funding method will be required. Thus, City's response and comments a~ this early stage of analysis of this new funding concept would be appreciated. Mr. Jack Hardisty December 12, 1996 Page 2 After you have had the opportunity to review the above and the information enclosed, it would be appreciated if we could meet and discuss the matter. The District's ultimate goal is to provide consistent recreation and park services to City and County residents as required by the current local planning documents. Looking forward to your response. Sincerely, HRA:bc Enclosure cc: Board of Directors, NBRPD Supervisor Barbara Patrick Councilman Kevin McDermott Bakersfield City Manager County Administrative Office Kern County Planning Department BIA 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 14th day of March, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3745, passed by the Bakersfield City Council at a meeting held on the 12th day of March, 1997, and entitled: Ordinance amending Section 15.80.190 of the Bakersfield Municipal Code relating to dedication of land, payment of fees, or both for the purposes of parks and recreation land in North Bakersfield Recreation and Park District. /s/ PAMELA A McCARTHY City Clerk of the City of Bakersfield DEPUTY City Cle(4C' c, c~