HomeMy WebLinkAboutORD NO 4532ORDINANCE NO. 4 5.3 2 ., V
AN ORDINANCE AMENDING CHAPTER
15.84 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO IMPOSITION OF
TRANSPORTATION IMPACT FEE
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 15.84.040 D is hereby amended to read as follows:
D. In the event of development that necessitates a general plan amendment, the
transportation impact fee shall be as established in Section 15.84.040.A. Any
additional local mitigation measures or fees for facilities (not provided for in the facilities
list and therefore not a part of the Transportation Impact Fee) shall be established by
independent study which shall be based on the actual impacts of said development. The
independent study shall measure the impact of the development in question on the road
system by following the prescribed methodologies and formats for the study established
by the administrator. Any local mitigation fees shall be adjusted annually by the annual
Construction Cost Index.
Chapter 15.84.060 A is hereby amended to read as follows:
A. For all projects, the fee payer shall pay the transportation impact fee required by
this chapter and any required local mitigation fee to the appropriate city department, as
determined by the administrator, at the time of issuance of a building permit.
Chapter 15.84.080 is hereby amended to read as follows:
Any funds not expended or encumbered by the end of the calendar quarter
immediately following five years from the date the transportation impact fee was paid
shall be refunded to the then current owner or owners of lots or units of the
development project or projects on a prorated basis, pursuant to the provisions of
Government Code Section 66001.
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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ORIGINAL
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_a~"?DbBbY
the following vote:
AYES: COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER: ~~
ABSTAIN: COUNCILMEMdER:
ABSENT: COUNCILMEMBER:
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cle of the
Council of the City of Bakersfield
By:
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
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By.
ROBERT SHERFY
Deputy City Attorney
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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 9th day of October. 2008 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4532 passed by the
Bakersfield City Council at a meeting held on the 8th day of October. 2008 and entitled:
AN ORDINANCE AMENDING CHAPTER 15.84 OF
THE BAKERSFIELD MUNICIPAL CODE RELATING
TO IMPOSITION OF TRANSPORTATION IMPACT
FEE
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ~~ ~--
DEPU Y Cit Jerk
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