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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..~.~..