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HomeMy WebLinkAboutRES NO 67-84RESOLUTION NO. 67-8a A R~SOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONCURRING IN FINDINGS OF OVERCROWDING, MAKING OTHER FINDINGS, AND ESTABLISHING FEES IN I.IEU OF DEDICATION OF LAND (INTERIM CLASSROOM AND P~LATED FACILITIES - BUENA VISTA SCHOOL DISTRICT; CHAPTER 15.7D OF THE BAKERSFIELD ML~ICIPAL CODE). WHEREAS, on September 29, 1982, the Council of the City of Bakersfield did pass and adopt Ordinance No. 2780 New S~ries, which ordinance was adopted pur~uapt to Section 65974 of the California Government Code; 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 interim 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 Gcneral Plan provides ~or the location of public schools; and WHEREAS, the Board of Trustees of the Buena Vista School District (h~re~nafter 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) condition~ of overcrowding exist in the 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 ]and is appropriate, having found that sufficient land is available for the location of interim classroom facilities; and WHEREAS, the City Council of the City of Bakersfield held a public hearing on August 15, 1984, 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 an~ B. of the Bakersf~el¢ ~nicipal Code; and WHEP~AS, at the conclusion of such hear~ng~ 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 f~es bear a reasonable relatienship 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 interim school facilities caused by the residential developments on which they will be imposed. NOW, THEBEFORE, BE IT FOUND AND RESOLVED by the Council nf 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 application for a building permit in accordance with Chapter 15.70 of th~ Bakersfield MuniciFal Code within that portion of the Buena Vista School District lying within the boundaries of the City of Bakersfield: Each detached single-family dwelling and each attached single-family dwelling having ownership of underlying lo~ and own frontage on public or private street -- three or more bedrooms ............. $1,300 Each detached single-family dwelling and each attached single-family dwelling having ownership of underlying lot and own frontage on public or private street -- less than three bedro©ms ........... $ 700 Each attached single-family dwelling not having ownership cf underlying lot or not having own frontage on public or private street ................. $ 500 Each residential mobile home installed on a permanent foundation, provided that once the fee has been paid for such installation on any lot, no additional fee shall be required of any other mobile home subsequently located on that lot .................................. $ 500 .......... 000 .......... -2- 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 15th day of August, 1984, by the following vote: AYES~ COUNCILMEN: BARTON, CHILDS,~:;P!?dZJ=;;3[:;, MOORE, PAYNE, RA]TY, ROCKOFF NOES, COUNCILMEN: '"-"~/~ . ABSENT: COUNCILMEN, ~ ~ ~ ~ ABSTAINING: COUNCILMEN: ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 15th day of August, 1984 ~"/ City 6f Bakersfield APPROVED as to form: CITY TT/ORN~/~f ~..e C i o~f Bakers fie AJS:mro 8-03-84 -3-