HomeMy WebLinkAboutORD NO 3818ORDINANCE NO. ~ 8 ] 8
AN ORDINANCE AMENDING SECTION 15.80.120 A
OF TITLE FIFTEEN OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO LAND ENCUMBERED WITH
ELECTRICAL TRANSMISSION LINE EASEMENTS.
WHEREAS, the Planning Commission of the City of Bakersfield held a public hearing on
September 18, 1997 to consider amending Section 15.80.120 A of the Bakersfield Municipal
Code to allow park land credit of up to 1.5 acres per 1,000 population for residential
developments incorporating park-like improvements within lands encumbered with electrical
transmission line easements; and
WHEREAS, at the conclusion of said hearing, the Planning Commission adopted
Resolution No. 107-97 making findings and recommending to the City Council approval of the
proposed Negative Declaration and ordinance amendment as set forth in said resolution; and,
WHEREAS, the ordinance amendment is necessary to implement various policies of the
Land Use Element of the Metropolitan Bakersfield 2010 General Plan relating to planning and
incorporation of lands encumbered with electrical transmission line easements into
development; and
WHEREAS, for the above-described project, 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 and posted on October 24, 1997, in accordance with
CEQA; and
WHEREAS, the laws and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEQA and City of Bakersfield Resolution No. 76-97 have
been duly followed by city staff, the Planning Commission and this Council; and,
WHEREAS, the City Council considered and approve the related amendments to
the Land Use Element and Parks Element policies and implementation measures (P97-0395)
which require incentives and cooperation with utility companies and developers to plan,
incorporate, and use lands encumbered with electrical transmission line easements as
functional design components of developments; and
WHEREAS, said ordinance amendment described herein implement these Land
Use Element and Parks Element policies and implementation measures; and
WHEREAS, the City Council has considered and makes the following findings:
1. All required notices have been given.
2. The provisions of CEQA have been followed.
3. The Negative Declaration is hereby approved and adopted.
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(December 23, 1997)
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4. The proposed ordinance amendments are consistent with the objectives, goals
and policies of the Metropolitan Bakersfield 2010 General Plan.
NOW, THEREFORE BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
SECTION 1.
Section 15.80.120 A of the Bakersfield Municipal Code is hereby amended to read as
follows:
15.80.120
A. The advisory agency shall determine whether credit for park and/or recreation
facilities constructed by the developer may be given. Except for the provisions of Section
15.80.120 B, the following credit may be allowed providing the criteria stated in subsection 3 of
this section are met:
1. No more than seven-tenths of one acre per one thousand population
credit may be given for private park and/or recreation facilities within a subdivision or
development.
2. No more than one and one-half acre per one thousand population credit
may be given for park and/or recreation facilities located within lands encumbered with
electrical transmission line easements of a residential subdivision.
I and 2 above.
The following criteria must be met to obtain credit as stated in subsection
a. Yard, court areas, setbacks and other open areas required by the zoning
and building ordinances and regulations shall not be included in the computation of such credit;
b. The ownership and maintenance of open space is adequately provided
for by recorded written agreement, covenants or restrictions approved by the city attorney;
c. The use of the open space is restricted and preserved for park and
recreational purposes by recorded covenants, easement or other instrument approved by the
city attorney, which run with the land in favor of future owners o property within the tract and
which cannot be defeated or eliminated without the consent of the city council.
d. The proposed open space is reasonably adaptable for use for park and
recreational purposes taking into consideration such factors as size, shape, topography,
geology, access, and location of the open space;
e. The facilities proposed are:
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(1). In substantial accordance with the provisions of the Parks
Element of the Metropolitan Bakersfield 2010 General Plan, or adopted community or specific
plans;
(2). Are appropriate to the recreation needs of future residents of the
development;
(3). Substantially comparable to the park and recreation lands
otherwise required to be dedicated in meeting the recreation needs of the residents; and
f. Park and/or recreation facilities for private use shall be maintained by the
private property owners.
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and
shall become effective thirty (30) 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 January 28,
1998 by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROV'&ES, SULLIVAN, SALVAGGIO
~E$: COUNCILMEMBER ~?-~'~- ._.__
AB~T^IN: COU~CILMEMBER ~_zo~, ....
A~,8~ NT: COUNCILMEMBER ,)'~¥~J __
CITY CLERK and Ex Officio CleCk of the
Council of the City of Bakersfield
APPROVED JAN 2 $ 1998
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CiTY ATTORNEY ~,
CARL HERNANDEZ
DEPUTY CITY ATTORNEY
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(December 23, 1997)
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