Bakersfield Municipal Code Ch. 15.80 Dedication of Land, Payment of Fees, or Both for the

PURPOSES OF PARKS AND RECREATION LAND

Sections: 15.80.010 Purpose. 15.80.020 Definitions. 15.80.030 Park land reservation and dedication authority. 15.80.040 Requirements. 15.80.050 General standard. 15.80.060 Requirements for dedication. 15.80.070 Formula for dedication of land. 15.80.080 Formula for fees in lieu of land dedication. 15.80.090 Criteria for requiring both dedication and fee. 15.80.100 Determination of fair market value. 15.80.110 Determination of land and/or fee. 15.80.120 Credit for private park and/or recreation facility. 15.80.125 Park land dedication in-lieu fee credit for multiple-service medical and recovery care facility. 15.80.130 Time for dedication and/or fee. 15.80.140 Disposition of fees. 15.80.150 Subdivider improvements. 15.80.160 Access. 15.80.170 Sale of dedicated land. 15.80.180 North of the River Recreation and Park District. 15.80.190 Exemptions.

The purpose of this chapter is to promote the public health, safety and welfare by establishing an orderly process for the dedication, reservation and acquisition of park land within the city, pursuant to the authority granted by Section 66477 of the Government Code of the state of California and Title 16 of the Bakersfield Municipal Code. (Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

The words and phrases in this chapter shall have the following meanings:

“Advisory agency” means the planning commission for all proposed subdivisions pursuant to Section 15.80.080. The city engineer, or designee shall constitute the advisory agency for any parcel map waiver.

“Average persons per dwelling unit (APPDU)” means the number of persons per dwelling unit by unit type as determined by the most recent available federal decennial census.

“Fair market value” is defined in Section 15.80.100 which requires a written appraisal report acceptable to the recreation and parks director, or designee; except as further defined in Section 15.80.080(C) in the case where a park, which serves a subject subdivision, has been acquired by the city prior to said subdivision.

“Multiple-service medical and recovery care facility” means a facility that includes skilled nursing beds, assisted living and independent living apartments, described as follows:

1. Skilled nursing is commonly known as nursing homes providing around the clock nursing care staffed by
licensed administrators, nurses, nurse assistants, registered dieticians, activity directors and staff
development and education. Skilled nursing facilities generally offer care one step below a general acute
hospital.

2. Assisted living provides a level of personal care primarily to serve the ambulatory, but frail client in a
residential living environment where residents receive individualized assistance, supportive services and
health care, such as requiring assistance in one or more activities such as providing medication, housework,
meal preparation, eating, shopping, dressing and bathing. The level of care is a median between nursing

home and independent (congregate) living.

3. Independent living units, also known as congregate care, are self-contained apartments which include a
kitchen, and have supportive services such as meal service, housekeeping, transportation, nursing, medical,
and social and recreational activities which are available for residents. An “independent living unit” is defined
as a residential dwelling unit which is subject to this chapter.

“Subdivider” means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for him or herself or for others. (Ord. 5087 § 1, 2022; Ord. 3896 § 1, 1999; Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

The advisory agency shall have the authority to locate, require reservation, dedication of real property or a fee in- lieu, or a combination thereof, for the purpose of supplying public parks and recreation facilities pursuant to this chapter. (Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

A. Subdivisions. At the time of approval of the tentative tract map, revised tentative tract map, tentative parcel map or revised tentative parcel map for residential use, the advisory agency shall determine and include as a condition of approval, pursuant to this chapter, that the subdivider shall dedicate land, reserve land, pay a fee in- lieu, or a combination thereof at the option of the advisory agency, for park or recreational purposes. However, where there is a large lot tentative tract or parcel map, such as lots consisting of twenty acres or more, with the intention of future subsequent subdivision, the requirements of this chapter may be deferred until the time of subsequent subdivision, subject to the advisory agency making the following findings:

1. The subdivider has submitted to the advisory agency a written statement indicating the intention to
further subdivide each parcel or lot in accordance with state and local regulations.

2. Deferral of the requirements of this chapter until further subdivision will provide the advisory agency
more information to more accurately determine the location of the park, acreage, configuration and access to
the park.

3. Deferral of the requirements of this chapter is not a detriment to the public health, welfare or safety.
(Ord. 5088 § 1, 2022; Ord. 4702 § 1, 2012; Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

A. It is hereby found and determined the public interest, convenience, health, welfare, and safety require that two and one-half acres of usable real property for each one thousand persons (calculated at .0025 acres per person) who will reside in the city as a result of proposed development be devoted to park and recreational purposes.

B. All new single one-family and multiple-family dwelling subdivisions, parcel map and parcel map waivers within the city shall be subject to this chapter, except as indicated in Section 15.80.190.

C. The amount of land dedication or fees paid is based upon the residential density set forth in Section 15.80.070 herein, which shall be determined on the basis of the general standard, type of subdivision, parcel map or parcel map waiver, and the average persons per dwelling unit. (Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

Lands to be dedicated or reserved for park and/or recreational purposes shall be suitable, in the opinion of the advisory agency in location, topography, environmental characteristics and development potential as it relates to the intended use. The primary intent of this section shall be construed to provide the land for functional park and recreation units of community or neighborhood service. (Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

A. The subdivider shall dedicate land so that a park and its development shall be sufficient in size, topography and design that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision and be consistent with the policies of the General Plan.

B. The amount of land to be provided shall be determined pursuant to the following formula:

Table 1
Park Land Dedication Formula

Number x .0025 x APPDU = Amount of
of Acre(s) for
Dwelling Park Land
Units Dedication

C. The average persons per dwelling unit shall be determined by the most recent federal census and may be amended from time to time based on subsequent federal census information. The recreation and parks director, or designee, shall monitor the federal census information for use in this chapter.

D. For the purposes of this section, the number of new dwelling units shall be based upon the number of buildable parcels indicated on the subdivision, when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, and the subdivision is for the development of multiple-family dwellings the number of proposed dwelling units in the area so zoned shall equal seventy-five percent of the maximum allowed under that zone. Further, in the case of a one-family dwelling subdivision located within a multiple-family dwelling zone, then the number of one-family dwelling units shall be the number of buildable parcels indicated on the subdivision. Subsequent development of additional units shall require payment of in-lieu fees and/or dedication of land pursuant to this chapter. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. (Ord. 5089 § 1, 2022; Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

A. General Formula. When a fee is to be paid in lieu of land dedication, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land which would otherwise be required for dedication pursuant to Section 15.80.070. The amount of in-lieu fees shall be determined in accordance with the following formula:

TABLE 2
In-Lieu Fee Formula

Number of x .0025 x APPDU x Fair = Fee
Dwelling Market Amount
Units Value Per
Buildable
Acre

B. For the purposes of this section, the number of new dwelling units shall be based upon the number of buildable parcels indicated on the subdivision, when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal seventy-five percent of the maximum allowed under that zone, or the maximum number of dwelling units allowed as approved by the city council. Further, in the case of a one-family dwelling subdivision located within a multiple-family dwelling zone, then the number of one-family dwelling units shall be the number of buildable parcels indicated on the subdivision. Subsequent development of additional units shall require payment of in-lieu fees and/or dedication of land pursuant to this chapter.

C. The determination of the fair market value per buildable acre is defined in Section 15.80.100, except when the city has acquired real property to serve as a park. If the recreation and parks director, or designee determines that said acquired park would serve the subdivision or property to be developed, then the per-acre purchase or acquisition price paid by the city for said real property on which the park is located shall be used as the value for the fair market value per buildable acre in the formula stated in subsection A of this section.

D. Fees in Lieu of Land, Fifty Parcels or Less. If the proposed subdivision contains fifty parcels or less, and does not meet the requirements of Section 15.80.090(A), the subdivider shall pay a fee equal to the land value of the portion of the park required to serve the needs of residents of the proposed subdivision or property to be developed as prescribed in an amount determined with the provisions of this section.

E. However, nothing in this chapter shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty parcels or less or existing parcel to be developed, where the subdivider proposes such dedication voluntarily and the land is acceptable to the advisory agency.

F. Use of Money. The money collected herein shall be used only for the purpose of acquiring necessary land and developing new parks or rehabilitating or improving existing parks or recreation facilities reasonably related to serving the development. (Ord. 5087 § 2, 2022; Ord. 4145 § 1, 2003; Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

A. When only a portion of a designated park site is located within land to be subdivided, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 15.80.080 shall be paid for the value of any additional land that would have been required to be dedicated pursuant to Section 15.80.070.

B. When a major part of a park site has previously been acquired by the city and only a small portion of land is needed from the subdivision to be developed to complete the site, such remaining portions shall be dedicated and a fee computed pursuant to the provisions of Section 15.80.080. Such fees shall be used for the improvement of the park and recreation facility or for the improvement of other parks and recreation facilities reasonably related to the service of said development. (Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

A. The fair market value of park land to be dedicated or of the property on which in-lieu fees are to be paid shall be determined by a written appraisal report acceptable to the recreation and parks director, or designee, and prepared and signed by a qualified appraiser acceptable to recreation and parks director or designee, in accordance with appraisal standards and practices adopted by the city council. If an appraiser or appraisal report is not acceptable to the recreation and parks director, or designee, he shall require a new or updated appraisal from the subdivider. The cost of all appraisals shall be borne by the subdivider.

The appraisal shall be based on the value of unimproved real property for the land to be dedicated for park purposes serving said development or, if no specific park site has been identified, then the appraisal shall be based on the value of the unimproved real property to be subdivided; except as otherwise provided in Section 15.80.080(C), when the city has acquired a park serving the subdivision.

The appraisal shall be made no more than ninety days prior to the recordation of the final map for subdivisions, parcel maps, or recordation of a certificate of compliance for parcel map waivers. If mutually agreed to in writing by the recreation and parks director or designee, and subdivider, an appraisal made within six months prior to recordation of the final map in the case of subdivisions, parcel maps, or recordation of a certification of compliance, may be used to determine fair market value. The subdivider shall submit such appraisal to the recreation and parks director, or designee, in sufficient time as the recreation and parks director, or designee establishes, prior to recordation of a final map or certificate of compliance. If more than six months elapse before recordation of the final map or certificate of compliance, the recreation and parks director, or designee, may require a new or updated appraisal. If an appraiser or appraisal report is not acceptable to the recreation and parks director, or designee, he shall require a new or updated appraisal at the subdivider’s expense.

B. Notwithstanding subsection A of this section, for a project having twenty lots or less, the subdivider may request, and accept, an estimate of value prepared by the city. If the subdivider disputes the city’s estimate, then the subdivider shall provide an appraisal and shall pay the amount based on the appraisal as set forth in subsection A of this section. Any costs incurred by the city in determining the estimated value will be added to the in-lieu fee paid by the subdivider. (Ord. 5087 § 3, 2022; Ord. 4004 § 2, 2001; Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

Whether the advisory agency requires land reservation, dedication or elects to require payment of a fee in-lieu thereof, or a combination thereof, shall be determined by considering the following:

A. The adopted Park Element of the Metropolitan Bakersfield 2010 General Plan;

B. The topography, geology, soils, access, location, and general suitability of the land in the subdivisions available for dedication;

C. The size and shape of the subdivision and land available for dedication;

D. The feasibility of dedication; and

E. The location of existing and proposed park sites and trailways. (Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

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 15.80.120B, the following credit may be allowed providing the criteria stated in paragraph 3 of this subsection 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.

3. The following criteria must be met to obtain credit as stated in paragraphs 1 and 2 above.

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 of 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:

i. In substantial accordance with the provisions of the Parks Element of the Metropolitan
Bakersfield 2010 General Plan, or adopted community or specific plans;

ii. Are appropriate to the recreational needs of future residents of the development;

iii. Substantially comparable to the park and recreation lands otherwise required to be dedicated
in meeting the recreation needs of the residents;

f. Park and/or recreation facilities for private use shall be maintained by the private property owners.

B. The advisory agency shall determine whether one hundred percent credit may be given. Credit for the full amount of park land dedication and/or in-lieu fee shall be based on the subdivider developing and constructing a public park in accordance to city standards, including the facilities specified in the Parks Element of the Metropolitan Bakersfield 2010 General Plan. Prior to recordation of any final map, the subdivider shall enter into an agreement with the city which includes, but is not limited to, the subdivider’s responsibilities, date to complete construction of the park, concept design with proposed facilities, bonding requirements as deemed necessary by the city engineer and/or parks superintendent, and transfer of real property title of the park to the city. (Ord. 3818 § 1, 1998; Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

medical and recovery care facility.

A. Only one of the two types of credit allowed under this section shall be given. An applicant who seeks a credit under this section shall submit a letter requesting such credit concurrently with the application for approval of a tentative subdivision map, or parcel map waiver. The letter must specifically state which type of credit is being requested, enumerate how the facility meets each of the criteria listed in this section; include a copy of the floor plan(s), a site plan identifying the recreational and open space facilities for credit, including acreage and square footage of said facilities; and other reasonable documentation the recreation and parks director, or designee, may request to make a determination whether the request meets the requirements of this section.

B. A multiple-service medical care and recovery residential facility may receive a fifty percent credit on the amount of the park land dedication required for the development provided the project satisfies all of the following criteria:

1. Demonstrate to the satisfaction of the advisory agency that the facility is a multiple-service medical and recovery development that includes skilled nursing, assisted living and independent living care, as defined in Section 15.80.020; and

2. The facility is part of an approved PUD (planned unit development) zone, or such credit may be approved on the condition that a PUD (planned unit development) zone change for the subject property is approved by the city council within three months after recordation of the final map; and

3. The applicant or developer shall enter into an agreement with the city which clearly identifies the amenities which shall be developed and which meet the on-site park, open space, garden or other specially dedicated outdoor area requirements of subsection (B)(6) of this section. Such agreement shall require that the amenities be completed and approved by the recreation and parks director, or designee.

4. The facility provides for continued maintenance and preservation of the recreation open space by recorded written agreement, covenants, restrictions or other instrument approved by the city attorney. The recorded instrument shall run with the land and may not be amended without prior written approval of the city; and

5. The facility must have a minimum of ninety independent living units, and the number of independent living units shall not exceed thirty percent of the total number of units and/or beds of the multiple-service medical and recovery care facility; and

6. The facility must provide an on-site park, open space, garden or other specially dedicated outdoor area that is useable for passive or active recreation activity of at least one-half acre in size or at least fifty percent of the total amount of park land dedication required, whichever is greater. “Usable” means the open space area shall be reasonably adaptable for use as park and recreational purposes taking into consideration such factors as size, shape, topography, geology, access and location of the open space. Areas required by zoning or building ordinances such as yard, setback, landscaping, parking and drainage or detention basins may not be used as any part of the open space, gardens or other outdoor activity area proposed to satisfy the requirements of this section.

C. A multiple-service medical and recovery care facility which satisfies all of the following criteria shall not be required to dedicate land for a public park or pay a fee in lieu of land dedication as required by this chapter for the facility’s residential independent living units.

1. The facility shall meet the requirements of subsections (B)(1) through (B)(4) of this section, and the
applicant or developer shall enter into an agreement with the city which clearly identifies the amenities which
shall be developed and which meet the on-site park, open space, garden or other specially dedicated outdoor
area requirements of this subsection. Such agreement shall require that the amenities be completed and
approved by the recreation and parks director, or designee.

2. The facility must have a minimum of one hundred twenty independent living units, and the number of
independent living units shall not exceed fifty percent of the total number of units and/or beds of the
multiple-service medical and recovery care facility; and

3. The facility shall provide an on-site park, open space, garden or other specially dedicated outdoor area
that is useable, as defined in subsection (B)(6) of this section. Such useable area shall be a minimum of two
acres or the amount of acreage which, absent the credit provisions, would be required to be dedicated by the
facility under Section 15.80.070, whichever is greater; and

4. The facility shall provide an indoor recreation room for such activities as exercise, arts and crafts, and
other group activities for the independent living unit residents. The room shall have a minimum capacity of
forty-five people; and

5. In addition to the park or outdoor open space and the indoor recreation room, the facility shall provide
at least one other recreational amenity as follows:

a. Swimming or therapeutic pool;

b. Amphitheater or auditorium;

c. Indoor gym for activities such as basketball, badminton and volleyball;

d. Indoor courts for such activities as racquetball or handball;

e. Running or walking track or trail with specialty surface;

f. Multiple station exercise park course;

g. Golf course;

h. Other comparable facility as approved by the planning commission or city council.

D. At the option of the applicant, the full amount of the fee, which does not include such credit as described in subsections (B) and (C) of this section, may be paid at the time of recordation of a final map or certificate of compliance. Subsequent to recordation of a final map or certificate of compliance, and within three months of date of recordation of such documents, the applicant may submit a written request to the recreation and parks director, or designee for refund of fifty percent or one hundred percent of the fee paid, subject to the criteria listed in this section. Such a request must be made within three months of recordation of a final map or certificate of compliance. If no request is made within such time period, this credit becomes void, and no refund shall be made. The recreation and parks director, or designee, shall have fourteen days to respond to a request.

E. The appeal procedure for this section shall be in accordance with Chapter 16.52 of this code. (Ord. 5087 § 4, 2022; Ord. 4939 § 5, 2018; Ord. 4714 § 1, 2012; Ord. 3896 § 1, 1999)

A. At the time of approval of the tentative subdivision map, parcel map, or parcel map waiver the advisory agency shall determine the land required for dedication. If the advisory agency requires in-lieu payment by the subdivider, the advisory agency will set the amount of land upon which the in-lieu fee will be based at the time of final map approval.

B. Prior to, or concurrently with, the recordation of the final subdivision map, parcel map, or certificate of compliance, the subdivider shall dedicate the land free of encumbrances to the city, and/or pay in-lieu fees, as required by the advisory agency. Where advisory agency has determined that fees shall be paid in-lieu of, or in addition to the dedication of land, the in-lieu fees shall be set based on the land dedication requirements as established at the time of tentative map approval using current fair market land values at the time of final map approval with the formula set forth in Section 15.80.080 and using the process for determining fair market value as set forth in Section 15.80.100.

C. For any approved subdivision for which fees are required as set forth in Section 15.80.080, the subdivider shall pay said fees in their entirety prior to the recordation of any final subdivision map, parcel map, or final phase thereof, or certificate of compliance.

D. Open space, covenants, easements or other instruments for private park or recreation facilities shall be submitted to the city engineer and approved by the city attorney and planning director prior to the recordation of any final subdivision map or parcel map and shall be recorded prior to or contemporaneously with the final subdivision map, or parcel map, or certificate of compliance. (Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

A. Fees paid pursuant to this chapter shall be paid to the city treasurer and shall be deposited in a special fund. Money in said fund, including accrued interest, shall be expended solely for the purposes enumerated in this chapter.

B. Collected fees shall be committed by the city council within five years after receipt of such fees or within five years after the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later; provided, however, that if such fees have not been so committed, the city council shall, without any deductions, distribute and pay unused fees to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

C. The finance director shall render reports to the city council annually by including in the fiscal year budget or other annual report the amount of fees received, the commitment of fees and fund balance. (Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

The value of on-site park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this chapter. The city council reserves the right, after recommendation from the advisory agency, to accept or reject such improvements prior to agreeing to accept the dedication of land, and to require in-lieu fee payments should the land and improvements be unacceptable. (Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

All land offered for dedication shall have access to at least two existing or proposed public streets, preferably with land located adjacent to the intersection of said two streets. A subdivider may request that only one street frontage be allowed. This request may be approved by the advisory agency, and only if the advisory agency determines that only one public street access is necessary for public safety, the maintenance of the park area or use thereof by residents. (Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

If, during the ensuing time between dedication of land for park purposes and commencement of first stage or development, circumstances arise which indicate another site would be more suitable for park or recreational purposes serving the subdivision and neighborhood (such as receipt of a gift of additional park land), the land may be sold or traded for other land upon the approval of the city council, after recommendation from the planning commission. The resultant funds from a sale shall be used for purchase and development of a more suitable park site. Surplus park land sold shall be subject to the provisions of this chapter. (Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

A. For those areas which are within the incorporated city boundaries and the boundaries of the North of the River Recreation and Park District, the park and recreation requirements shall be those adopted and set by the district.

B. Upon annexation of territory of areas which are wholly included within the boundaries of the North of the River Recreation and Park District to the incorporated boundaries, the district and the city shall act jointly to ensure that the district continues to provide all park and recreation services to such areas. The district and city shall enter into an agreement to establish:

1. Duties and responsibilities of the district;

2. Duties and responsibilities of the city; and

3. Application of park land dedication, in-lieu fees, and/or both. (Ord. 4841 § 1, 2016; Ord. 3646 § 1, 1995;
Ord. 3317 § 1, 1990)

The provisions of this chapter shall not apply to the following:

A. Commercial, retail, office, and industrial subdivisions and uses with no residential development or uses. In- lieu fees shall be required where a residential dwelling unit is constructed in conjunction with commercial or industrial subdivisions.

B. Condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old and when no new dwelling units are added.

C. Reconstruction, rehabilitation, remodel or replacement of a residential structure, providing the replacement structure is the same type of unit, does not create additional residential units, and is substantially the same size as the structure it replaces.

D. Subdivisions or development for which park dedication requirements have previously been met and evidence acceptable to the city is submitted by the subdivider. However, subsequent division of such parcels may require dedications, in-lieu fees and/or both as set forth in this chapter. (Ord. 3745 § 1, 1997; Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)

The determination of the advisory agency pursuant to this chapter shall be subject to appeal procedures to the city council set forth in Chapter 16.52. (Ord. 3646 § 1, 1995; Ord. 3317 § 1, 1990)