HomeMy WebLinkAboutORD NO 5129ORDINANCE NO.
5 12 9
AN ORDINANCE AMENDING SUBSECTION E.
OF SECTION 16.32.060 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING FEES FOR
CONSTRUCTION OF PLANNED SEWER
FACILITIES PURSUANT TO ADOPTED PLANS,
OR CONNECTIONS TO SANITARY SEWER
FACILITIES, AND ADDING REFERENCE TO
PLANS ADOPTED FOR GOSFORD ROAD
PLANNED SEWER AREA.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 16.32.060 of the Bakersfield Municipal Code is hereby amended to
read as follows:
16.32.060 Tract map improvements —In subdivisions for which final tract map is
required.
A. Improvements required in a subdivision for which a final tract map is required
shall be installed to permanent line and grade and to the satisfaction of the city
engineer in accordance with the requirements of the advisory agency, in
accordance with standard specifications of the city on file in the office of city
engineer and in accordance with all applicable provisions of Chapter 16.28 of
this code.
B. The minimum improvements which the subdivider makes or agrees to make
prior to acceptance and approval of the final tract map by the city council
shall be:
1. Grading, curbs and gutters, drainage and drainage structures necessary
to the proper use and drainage of streets, highways, alleys and ways and to
the public safety;
2. Installation and surfacing of streets, highways, alleys and ways;
3. Sidewalks, except where sidewalks are premature in relation to the public
needs of the present and immediate future;
4. Sanitary sewer facilities and connections for each lot, except as such
requirement may be waived by the city engineer and building director in
accordance with policies established by them therefor. Dry sewer lines shall �eAKt�
Ordinance Amending Section 16.32.060 ;_ ,,
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be installed wherever outfall sewer lines are not available unless the city
engineer, with the approval of the State Regional Water Quality Control
Board, determines an exception to such requirement to be appropriate;
5. Water system with mains of sufficient size and having a sufficient number
of outlets to furnish adequate domestic water supply for each lot of the
subdivision and to provide adequate fire protection to meet local
neighborhood needs;
6. Services from public utilities, including cable television, and services from
sanitary sewers shall be made available for each lot, and in such manner as
will obviate the necessity for disturbing the street pavement, gutter, culvert
and curb, when service connections are made; provided, however, as to
cable television service, that the requirement for installation of such service
to any industrial tract may be waived if, based upon a waiver requested by
a subdivider supported with proof of satisfaction of the following conditions,
the advisory agency finds that the omission of such requirement will not
create a break in cable television service (to properties in the vicinity of the
tract map) or, even if such omission would result in a break in cable
television service, the closest available connection to existing cable
television facilities is more than five hundred feet from the closest point in the
tract map to the point of such connection (measured along existing or
proposed utility easements);
7. Street name signs;
8. a. A chain -link fence six feet in height, as specified in city of Bakersfield
Subdivision and Engineering Design Manual Standard S-10, or an
equivalent barrier as determined by the advisory agency, between any
subdivision and the right-of-way line of any irrigation canal within or
adjacent to the subdivision,
b. A chain -link fence six feet in height, as specified in city of Bakersfield
Subdivision and Engineering Design Manual Standard S-10, or equivalent
barrier as determined by the advisory agency between any subdivision
and any concrete lined canal or open conduit waterway, within one -
quarter mile of the subdivision,
c. At the discretion of the advisory agency, a chain -link fence six feet in
height, as specified in city of Bakersfield Subdivision and Engineering
Design Manual Standard S-10, or equivalent as determined by the
advisory agency between any subdivision and any unlined canal within
one -quarter mile of the subdivision,
d. Based upon a waiver request and supporting evidence submitted by
the subdivider as part of the subdivision application, canal fencing
requirements may be waived, conditionally waived, modified or
conditionally modified by the advisory agency. Evidence submitted wit�hO�K�,?�
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ORiGINAI
the request for waiver should identify circumstances or characteristics
such as canal lining and built-in safety features, water depth, water
velocity, existing fencing or barriers, topography, intervening land uses,
improvements, agricultural operations, future land uses or project timing
that mitigate the need for canal fencing,
e. Subject to approval by the planning director, temporary fencing may
be used in lieu of permanent fencing to address changing
circumstances when it can be demonstrated by the subdivider that the
intent of the canal fencing requirement will be satisfied;
9. Street lighting;
10. Final soil report shall have been completed and approved by the
building director and city engineer prior to the beginning of construction of
any buildings or structures;
11. All utility distribution facilities, including cable television, shall be placed
underground, except that pre-existing utility distribution facilities on the
periphery of the subdivision and located on an arterial or collector street
may remain above ground. Where applicable, installation of underground
utility distribution facilities shall be in accordance with the rules and
regulations of the Public Utilities Commission of the state;
12. All subdividers are required to furnish fire hydrants, hydrant buries and
necessary bury extensions and all necessary bolts and gaskets, which shall
be purchased from the city;
13. Walls, fences and landscaping as required by ordinance, city standard
or the advisory agency, to be maintained by a maintenance district or by an
association of property owners pursuant to a declaration of covenants
approved by the city engineer.
Exceptions to the above -stated minimum requirements may be allowed in tracts
having private streets with the approval of the advisory agency at the time of
approval of the tentative map.
C. Supplemental Improvements —Reimbursement Agreements.
1. The subdivider of a subdivision for which a final tract map or final parcel
map is required may be required to install improvements for the benefit of
the subdivision which may contain supplemental size, capacity or number
for the benefit of property not within the subdivision as a condition
precedent to the approval of a tentative subdivision map and thereafter to
dedicate such improvements to the public.
2. In the event such supplemental improvements are required by the
advisory agency as authorized in this subsection, the city shall enter into an
agreement with the subdivider to reimburse the subdivider, upon collection �Ii KAk �
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of moneys from owners of other property benefited thereby and within a
specified time period, for that portion of the cost of such improvements
equal to the difference between the amount it would have cost the
subdivider to install such improvements to serve the subdivision only and the
actual cost of such improvements.
3. In order to pay the costs as required by the reimbursement agreement,
the city may:
a. Collect from other persons, including public agencies, using such
improvements for the benefit of real property not within the subdivision, a
reasonable charge for such use;
b. Contribute to the subdivider that part of the cost of the
improvements that is attributable to the benefit of real property outside
the subdivision and levy a charge upon the real property benefited to
reimburse the city for such cost together with interest thereon, if any,
paid to the subdivider;
c. Establish and maintain local benefit districts for the levy and
collection of such charge or costs from the property benefited.
D. Drainage Facilities —Payment of Fees Required. Prior to filing any final map or
parcel map, the subdivider shall pay or cause to be paid any fees for defraying
the actual or estimated costs of constructing planned drainage facilities for the
removal of surface and storm waters from the following local and neighborhood
drainage areas pursuant to drainage plans adopted by the council therefor in
accordance with Article 5 of Chapter 4 of Division 2 of Title 7 of the California
Government Code Section 66483 et seq.:
1. Pioneer planned drainage area;
2. Fairview planned drainage area;
3. Breckenridge planned drainage area;
4. Shalimar planned drainage area;
5. Orangewood planned drainage area;
6. Tevis Ranch planned drainage area;
7. Brimhall planned drainage area;
8. Golden Valley planned drainage area.
Notwithstanding the foregoing, payment of fees for planned drainage area
facilities may be postponed if the planning commission finds, based on all
evidence presented, that payment of the fees is premature to ultimate
development of the property in question. Such postponement may occur until
further subdivision of the property.
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E. Sewer Facilities —Payment of Fees Required. Prior to approval of any
development entitlement including, but not limited to, any general plan land
use designation amendment, rezoning, the filing of any final map or parcel
map, the granting of a conditional use permit, or after the cancellation of a
Williamson Act contract within an assessment district, the subdivider/property
owner shall pay or cause to be paid any fees for defraying the actual or
estimated costs of constructing planned sanitary sewer facilities for local sanitary
sewer areas pursuant to sanitary sewer plans adopted by the council, or
connection to sanitary sewer facilities therefor in accordance with Article 5 of
Chapter 4 of Division 2 of Title 7 of the California Government Code Section
66483 et seq.
In cases where a subdivider/property owner pays greater than its proportionate
cost of sewer construction, reimbursement may occur through a reimbursement
agreement or, where an assessment district has been formed, credit against
assessments previously paid.
The following sanitary sewer areas presently exist:
1. Pierce Road -Oak Street planned sanitary sewer area;
2. Allen Road planned sewer area;
3. Brimhall Road planned sewer area;
4. Mohawk planned sewer area;
5. McDonald planned sewer area (existing residential infill sewer area);
6. McAllister Ranch planned sewer area;
7. Verdugo Lane planned sewer area;
8. Allen Road II planned sewer area;
9. Panama and Union planned sewer area;
10. Curnow planned sewer area;
11. Hooper Avenue and Kimberly Avenue planned sewer area;
12. Panama and Cottonwood planned sewer area.
13. Gosford Road planned sewer area;
F. Bridge Crossings and Major Thoroughfares.
1. Prior to filing any final tract or parcel map or issuance of a building
permit, fees may be assessed and collected pursuant to Section 66484 of the
California Government Code for the purpose of defraying the actual or
estimated costs of constructing the following bridge crossings or majoro�eAKF��
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thoroughfares identified in the transportation or flood control provisions of
the circulation element of the Metropolitan Bakersfield 2010 General Plan:
a. Ashe Road planned bridge and major thoroughfare area;
b. Hageman Road planned major thoroughfare area;
c. Miramonte Drive —Chase Avenue planned major thoroughfare area;
d. Panama —Buena Vista Bridge and major thoroughfare area;
e. West Beltway planned major thoroughfare area;
f. West Ming —Kern River Canal Bridge district;
g. Taft Highway —Farmer's Canal Bridge district;
h. East Panama Lane —Central Canal (North Half) Bridge district;
i. Eastside Canal crossings planned major thoroughfare area;
j. Arvin/Edison Canal crossing planned major thoroughfare district.
2. In order for such fees to be assessed and collected, the following
requirements must be met:
a. The bridge or thoroughfares for which costs are to be assessed are
identified in the transportation or flood control provisions of the
circulation element of the Metropolitan Bakersfield 2010 General Plan.
The primary purpose of the major thoroughfares is to carry through traffic
and provide a network connecting to the state highway system.
b. A public hearing pursuant to Government Code Section 66484(a) (2)
and ll shall be held by the council for each area benefited, and the
boundaries of each such area, costs, and method of fee apportionment
shall be set forth in a resolution to be adopted by the council.
c. Payment of fees shall not be required unless the major thoroughfares
are in addition to, or a reconstruction of, any existing major
thoroughfares serving the area at the time of the adoption of the
boundaries of the area of benefit.
d. Payment of fees shall not be required unless the planned bridge
facility is an original bridge serving the area or an addition to any existing
bridge facility serving the area at the time of the adoption of the
boundaries of the area of benefit. The fees shall not be expanded to
reimburse the cost of existing bridge facility construction.
e. The city clerk shall receive written protests and endorse on each
protest the date and time it was filed.
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i. No protest received after the time fixed for the public hearing shall
be timely;
ii. If a written protest is filed by owners of more than one-half of the
area of the property to be benefited by the improvement, and
sufficient protests are not withdrawn so as to reduce the area
represented to less than one-half of that to be benefited, then the
proposed proceedings shall be abandoned, and the council shall
not, for one year from the filing of that written protest, commence or
carry on any proceedings for the same improvement or acquisition
under the provisions of this section;
iii. Any protests may be withdrawn by the owner protesting, in
writing, at any time prior to the conclusion of a public hearing held
pursuant to subsection F 2 b of this section;
iv. If any majority protest is directed against only a portion of the
improvement, then all further proceedings under the provisions of this
section to construct that portion of the improvement so protested
against shall be barred for a period of one year, but the council may
commence new proceedings not including any part of the
improvement or acquisition so protested against. Nothing in this
section prohibits the council, within that one-year period, from
commencing and carrying on new proceedings for the construction
of a portion of the improvement so protested against if it finds, by the
affirmative vote of four -fifths of its members, that the owners of more
than one-half of the area of the property to be benefited are in favor
of going forward with that portion of the improvement or acquisition.
3. Fees paid pursuant to this section shall be deposited in a planned bridge
facility or major thoroughfare fund. A fund shall be established for each
planned bridge facility project or each planned major thoroughfare project.
If the benefit area is one in which more than one bridge is required to be
constructed, a fund may be so established covering all of the bridge
projects in the benefit area. Money in the fund shall be expended solely for
the construction or reimbursement for construction of the improvement
serving the area to be benefited and from which the fees comprising the
fund were collected, or to reimburse the city for the cost of constructing the
improvement.
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.
Ordinance Amending Section 16.32.060 `
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I 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
JUL 12 2023 by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, PREEN!*iJ, GRAY,-KAHRi
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
QED
COUNCILMEMBER: I(—
J LIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: JUL 17 2023
By:
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA ENNARO n
Citv Attor ev //
yl�
VIRIDIANA GALLARDO-KING
Deputy City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )ss.
JULIE DRIMAKIS, 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 13th day of July 2023 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Ordinance No.
5129, passed by the Bakersfield City Council at a meeting held on the 12th day
of July 2023 and entitled:
AN ORDINANCE AMENDING SUBSECTION E. OF SECTION 16.32.060 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING FEES FOR CONSTRUCTION OF PLANNED
SEWER FACILITIES PURSUANT TO ADOPTED PLANS, OR CONNECTIONS TO SANITARY
SEWER FACILITIES, AND ADDING REFERENCE TO PLANS ADOPTED FOR GOSFORD
ROAD PLANNED SEWER AREA.
JULIE DRIMAKIS, MMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
Kiy Clerk
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