HomeMy WebLinkAboutRES NO 133-82RESOLUTION NO. 133-~2
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD CONCURRING IN FINDINGS OF OVER-
CROWDING, MAKING OTHER FINDINGS, AND
ESTABLISHING FEES IN LIEU OF DEDICATION OF
LAND (INTERIM CLASSROOM AND RELATED FACILITIES -
PANAMA UNION SCHOOL DISTRICT; CHAPTER 15.70 OF
THE BAKERSFIELD MUNICIPAL CODE).
WHEREAS, on September 29, 1982, the Council of the City
of Bakersfield did pass and adopt as an emergency ordinance its
Ordinance No. 2780 New Series, which ordinance was adopted pursuant
to Section 65974 of the California Government Code and became
effective immediately upon its adoption; and
WHEREAS, the aforesaid Ordinance No. 2780 New Series
added Chapter 15.70 to the Bakersfield Municipal Code, which
Chapter prescribes the process by which the City may require the
dedication of land, the payment of fees in lieu thereof, or a
combination of both, for classroom and related facilities for
elementary or high schools as a condition to the approval of a
residential development; and
WHEREAS, the Bakersfield Metropolitan Area General Plan
provides for the location of public schools; and
WHEREAS, the requirement for the payment of fees in
lieu of dedication of land established herein may be implemented
and enforced from and after thirty (30) days after the effective
date of Ordinance No. 2780 New Series; and
WHEREAS, the Board of Trustees of the Panama Union
School District (hereinafter the "Board") has made and presented
to the City Council of the City of Bakersfield a finding, as
required by Section 15.70.030 of the Bakersfield Municipal Code,
supported by clear and convincing evidence that (a) conditions of
overcrowding exist in each attendance area of the district within
the City of Bakersfield which will impair the normal functioning
of educational programs including the reasons for such conditions
existing; and (b) that all reasonable methods of mitigating
conditions of overcrowding have been evaluated and no feasible
method for reducing such conditions exist; and
WHEREAS, the Board has determined that a requirement
for the payment of fees in lieu of a requirement for dedication
of land is appropriate, having found that sufficient land is
available for the location of classroom facilities; and
WHEREAS, the City Council of the City of Bakersfield
held a public hearing on December 8, 1982, on the finding of
overcrowding and on the fees requested by the Board, notice of
which hearing having been given as prescribed in Section 15.70,040
A. and B. of the Bakersfield Municipal Code; and
WHEREAS, at the conclusion of such hearing, the City
Council of the City of Bakersfield has determined that it concurs
in the finding of overcrowding made by the Board, and that the
proposed fees bear a reasonable relationship to and will be
limited to the needs of the community for interim school facilities
and are reasonably related to and limited to the need for school
facilities caused by the residential developments on which they
will be imposed.
NOW, THEREFORE, BE IT FOUND AND RESOLVED by the Council
of the City of Bakersfield as follows:
1. The above recitals and findings, incorporated
herein, are true and correct.
2. The following fees are hereby imposed upon applica-
tion for a building permit in accordance with Chapter 15.70 of
the Bakersfield Municipal Code within that portion of the Panama
Union School District lying within the boundaries of the City of
Bakersfield:
Single-family dwellings with 3 or more bedrooms: $1,300
Single-family dwellings with less than 3 bedrooms: 700
Apartments, residential condominiums, and
residential mobilehomes: 500
.o0o
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 8th day of December, 1982, by
the following vote:
AYES: COUNCILMEN: BARTON, CHRISTENSEN, MEANS, PAYNE, RATIY, ROCKOFF, STRONG
NoEs=
ABSCNT: COU["]CILI~EN:
_
ABSTAINING: COUNCILMEN:
CIT nd . rk of.
Council of the City of Bakersfield
MAYOR ' ~' 'i:'~Ce" kersf ield
the
APPROVED as to form:
AJS/bl 3.
11-17-82