HomeMy WebLinkAboutORD NO 2450ORDINANCE NO. 2450 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING CHAPTER 17.58 TO TITLE 17
OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD
TO PROVIDE FOR FEES IN LIEU OF PARKING SPACES.
WHEREAS, the downtown area of the City of Bakersfield is
substantially improved with business and commercial buildings; and
WHEREAS, there is little vacant land available for off-
street parking; and
WHEREAS, to require off-street parking in the downtown
area for individual businesses is often cost prohibitive and impairs
the development and revitalization of the downtown area; and
WHEREAS, in some instances the off-street parking within
the downtown area could best be achieved through public parking
lots; and
WHEREAS, those businesses not capable of providing off-
street parking could contribute toward the acquisition and develop-
ment of City-owned public parking facilities by paying a fee to the
City of Bakersfield in lieu of providing the minimum parking require-
ments.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Bakersfield as follows:
SECTION 1.
That the Bakersfield Municipal Code is hereby amended by
adding Chapter 17.58 (In-Lieu Parking Fees) to Title 17 (Zoning),
to read as follows:
Sections:
17.58.010
17.58.020
17.58.030
17.58.040
17.58.050
17.58.060
17.58.070
17.58.080
Chapter 17.58
IN-LIEU PARKING FEES
Applicability
Parking Requirements
In-Lieu Parking Fees
Deposit of Funds
Purchase of Property
Refunds
Leased Parking Spaces
Other Charges
17.58.010 Applicability. This chapter applies only to non-
residential property in those areas hereinafter-referred to as the
"core area" and the "extended area." The core and extended areas
generally encompass the downtown area of the City of Bakersfield.
The boundaries of such areas shall be established by resolution of
the City Council.
17.58.020 Parking Requirements. The non-residential parking
requirements of Chapter 17.56 shall be modified as follows:
(a) For any change in the use of the existing structure which
would require additional parking, the additional parking required
by Chapter 17.56 shall be reduced by fifty percent (50%) in the core
area and by twenty-five percent (25%) in the extended area.
(b) For new or moved structures, the parking requirements of
Chapter 17.56 shall be reduced by thirty percent (30%) in the core
area and by twenty-five percent (25%) in the extended area.
17.58.030 In-Lieu Parking Fees.
(a) For each new structure, moved structure or for any
change in the use of the existing structure which changed use re-
quires additional parking as specified in Chapter 17.56, the non-
residential parking requirements of Chapter 17.56, as modified by
Section 17.58.020, may be satisfied in the core and extended area by
payments, as provided herein, in lieu of providing all or part of
the required off-street parking. Such payments shall be called "in-
lieu" parking fees. In the event of a change of use, the parking
requirements herein, and the in-lieu parking fees thereof, apply
to the additional parking spaces required, rather than the total
number of parking spaces.
(b) The Planning Director of the City of Bakersfield shall
determine whether any person, firm or corporation shall have the in-
lieu parking fee option available. In making the determination as
to whether all or part of the parking requirements may be satisfied
by an in-lieu payment or whether the applicant shall comply with the
minimum off-street parking requirements, the Planning Director shall
consider, among other things:
o
(1) The minimum off-street parking requirements;
(2) The size and shape of the subject property;
(3) The projected physical development of the property
and type of business;
(4) Availability of parking in nearby areas; and
(5) Likelihood of availability and construction of
parking lots in the area from in-lieu fees.
An aggrieved applicant for in-lieu parking fees may appeal
the decision of the Planning Director to the Planning Commission.
Such appeal shall be filed with the Planning Director within 20 days
after the decision of the Planning Director. The appeal shall then
be set for a regularly scheduled Planning Commission meeting for
hearing. The decision of the Planning Commission shall be final.
(c) The in-lieu parking fees to be paid to the City of Bakers-
field shall be in the amount of $7,000 for each required parking
space in the core area and $5,000 for each required parking space in
the extended area. Where in-lieu parking fees are to be paid for a
change in use, equal annual payments may be made up to a 20-year
period, without interest. For new or moved structures, the Planning
Director may authorize equal annual payments of in-lieu parking fees
with interest at 10% for any period up to 20 years. In determining
whether annual payments may be made and the period of such payments,
the Planning Director shall consider the criteria contained in
Section 17.58.030(6). An aggrieved applicant may appeal the decision
of the Planning Director as provided in Section 17.58.030(6).
(d) In-lieu parking fees paid annually shall be due and pay-
able on the 10th day of January of each calendar year pursuant to
an agreement executed by the applicant and the Planning Director on
behalf of the City of Bakersfield. The agreement establishing the
in-lieu parking fee shall be recorded as a covenant running with the
land. Failure to make the annual payment will forfeit any payments
made by the applicant for in-lieu parking fees or the applicant's
successor and will require the applicant or the applicant's successor
to comply with the parking provisions of Chapter 17.56.
(e) The City Council may, from time to time, by resolution,
adjust future in-lieu parking fees and interest thereon, based upon
acquisition and construction costs of parking facilities constructed
to City plans and specifications and current interest rates.
(f) Total payment of in-lieu parking fees, or the first pro-
rated annual fee, where applicable, shall be paid to the City prior
to the issuance of a building permit.
17.58.040 Deposit of Funds. All in-lieu parking fees received
by the City of Bakersfield shall be deposited in a special fund and
shall be administered, used and expended by the City of Bakersfield
exclusively for the acquisition and development of off-street parking
facilities located within walking distance or riding distance by
public transportation from the parking facility to the subject
property.
17.58.050 Purchase of Property.
sufficient amount are available for
When in-lieu parking funds in
the acquisition and development
of parking facilities for the core or extended area, the City may
acquire and construct such parking facilities, which shall be the
property of the City of Bakersfield or an agency thereof.
17.58.060 Refunds. In-lieu parking fees and interest, where
paid, may be refunded by the City of Bakersfield, without interest,
to the person, firm or corporation making such payment, if, prior to
the date said fees are committed by the City for the acquisition or
development of off-street parking facilities, the required off-
street parking spaces are provided other than by the City of Bakers-
field.
17.58.070 Leased Parking Spaces. The non-residential parking
requirements of Chapter 17.56, as modified by Section 1.7.58.020, may
be satisfied for the core
parking spaces within 500
spaces are required. The
and extended areas by leasing the required
feet from the property for which the
lease must be for a minimum period of five
years and shall be subject to the approval of the Planning Director.
The termination of any parking lease shall require compliance with
the parking requirements of Chapter 17.56.
17.58.080 Other Charges. Payment pursuant to this Chapter shall
not relieve any owner, developer or lessee from any ad valorem taxes
or special district assessment or from any charges which may be
imposed for the use of parking spaces within any municipal off-
street parking facility.
SECTION 2.
This ordinance shall become effective thirty days from and
after the date of its passage.
.......... o0o ..........
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 the 11th day of October , 1978, by
the following vote:
AYES: COUNCILMEN BARTON, CHRISTENSEN, MEDDER$, PATTY, ROGERS,
NOES: COUNCILMEN: ~-~..~.~ ~
ABSENT: COUNCILMEN:
ABSTAINING COUNCILMEN:
CITY CL Clerk of the
Council of the City of Bakersfield
APPRO~V?D tl~is !lth~ of October
~~~ f Bakersfield
, 1978
APPROVED as to form:
CITY ATTORNEY of the Bakersfield
Af hav of j os ng ( rh uan es
STATE OF CALIFORNIA, 1
County of Kern ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that oa ................................._0...~.~..Q.l~..e..~......Z....2.. ..........................................................19...~.~_ he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ..........................(~.c_..~..o...~.~.~._..~:.~: ..............................., 19...~_~..., which ordinance
was numbered. ...................~.~.(~ ..............New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING CHAPTER 17.58 TO TITLE
17 OF THE MUNICIPAL CODE OF THE CITY OF
BAKERSFIELD TO PROVIDE FOR FEES IN LIEU OF
PARKING SPACES.
Subscribed and sworn to before me this
..J~.~.~_2.... day of ...................pql~.q.b.9.~' ..........19..~.~..