Bakersfield Municipal Code Ch. 12.64 Specific Trails Plan

Sections: 12.64.010 Purpose. 12.64.020 Definitions. 12.64.030 Dedication, reservation, and improvement authority. 12.64.040 Requirements. 12.64.050 Standard. 12.64.060 Requirements for dedication. 12.64.070 Formula for dedication of land. 12.64.080 Formula for fee in-lieu of dedication. 12.64.090 Criteria for requiring both dedication and fee.

The purpose of this chapter is to promote the public health, safety and welfare by establishing an orderly process for the dedication, reservation, acquisition and improvement of trails and reservation of support facilities within the city, pursuant to the Specific Trails Plan. (Ord. 3713 § 1, 1996)

A. Advisory Agency. The following bodies shall constitute the advisory agency for projects subject to this chapter:

1. For projects subject to Title 16 of this code, the advisory agency shall be defined by Section 16.08.020;

2. For conditional use permits, general plan or specific plan amendments, zone changes, or other
“development” permits and/or approvals not specifically listed in this section, the planning commission shall
be the advisory agency;

3. For grading plans, site plan review, building permits or other ministerial permits, the planning director
shall be the advisory agency.

B. “Applicant” means a person, firm, corporation, partnership or association who proposes to develop or causes to be developed and/or use real property as defined in “development” for himself or for others.

C. “Development” means any action taken requiring a permit or application to seek amendment, approval or authorization under provisions of any grading, zoning, parcel map, or final map subdivision ordinance, including actions such as grading permit approval, zoning change, conditional use permit, modification, variance, tentative parcel map approval, and tentative subdivision map approval. It also means converting an existing legal land use entitlement to another specific purpose by altering the intended density, intensity or use of an existing authorized entitlement.

D. “Fair market value” is defined in Section 15.80.100, which requires a written appraisal report acceptable to the planning director; except as further defined in Section 12.64.100(B) in the case where a trail or support facility, which serves a subject phase, has been acquired by the city prior to said development.

E. Phase of the Specific Trails Plan. A “phase” of the Specific Trails Plan identifies the locality of an area planned for trails and support facilities.

F. Specific Trails Plan. A planning document adopted by the city council for the purpose of setting policy and identifying trails and support facilities within the city. (Ord. 5020 § 12, 2020; Ord. 3713 § 1, 1996)

The advisory agency shall have the authority to and shall determine precise location, require reservation, dedication of real property or payment of a fee in-lieu, or a combination thereof, for the purpose of providing land for public trails pursuant to this chapter and the adopted Specific Trails Plan. The advisory agency shall have authority to require reservation of real property for the purpose of a trail support facility, including but not limited to a public parking area.

Also, if determined by the advisory agency that improvement by an applicant would benefit the development expediently and effectively, the advisory agency shall have the authority to require improvement, payment of fee in-lieu, or combination thereof with approval of the said development permit, for the purpose of improving public trails pursuant to this chapter and the adopted Specific Trails Plan. If the advisory agency does not make such determination at the time of approval of the development, then the development shall be subject to pay the fee in-lieu of improvement pursuant to this chapter, at the time no later than issuance of a building permit. (Ord. 3713 § 1, 1996)

At the time of approval of a development, the advisory agency shall determine, pursuant to this chapter, the land required for dedication, reservation, improvement, in-lieu fee payment and/or combination thereof. As a condition of approval of a development, the applicant shall dedicate, reserve land, improve, pay a fee in-lieu, or a combination thereof, at the option of the advisory agency, for trail purposes, and reserve land for support facilities, if appropriate, according to the formulas contained in this chapter and standards of the Specific Trails Plan. (Ord. 3713 § 1, 1996)

A. It is hereby found and determined the public interest, convenience, health, welfare, and safety for the benefit of persons residing in the city as a result of proposed development require land devoted to trails and support facilities, as adopted by a Specific Trails Plan.

B. All new residential dwelling developments within the city shall be subject to this chapter, except as indicated in Section 12.64.180.

C. The amount of dedication, improvement, or fees paid is based upon the formulas set forth in this chapter, which shall be determined on the basis of the standard for each phase of the Specific Trails Plan. A resolution shall be adopted for each phase which establishes the amount of fee for each phase.

D. Commercial, industrial and non-residential developments shall be required to reserve trails and support facilities that are located on said property. (Ord. 3713 § 1, 1996)

A. Lands to be dedicated or reserved for trail or reserved for support facility purposes shall be suitable, in the opinion of the advisory agency in location, topography, environmental characteristics, development potential, and consistent with the Specific Trails Plan as it refers to the intended use. The primary intent of this section shall be construed to provide the land for functional trails and support facilities for community service.

B. At the time of approval of a development as defined in this chapter, the advisory agency shall determine the amount of land required for dedication. If the advisory agency requires in-lieu payment by the applicant, the advisory agency will set the rate or amount of land upon which the in-lieu fee will be based.

C. Prior to, or concurrently with, final approval of a development project, the applicant 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 pursuant to this chapter. (Ord. 3713 § 1, 1996)

A. The applicant shall dedicate land so that a trail 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 developments and be consistent with the policies of the Specific Trails Plan.

B. The proportional amount of land for trails to be required for each residential development shall be calculated pursuant to the following Formula A:

FORMULA A
Amount Required for Trail Dedication

Number of X Phase Standard = Amount
Dwelling for Trails by Square Feet
Units Type of of Trail
Dwelling Unit Dedication

C. For the purposes of this section, the number of new dwelling units for property designated for residential development on the Metropolitan Bakersfield 2010 General Plan shall be based on densities as described for each phase of the Specific Trails Plan. All subdivisions adding residential units and subsequent development of additional units shall require payment of in-lieu fees and/or dedication of land pursuant to this chapter. (Ord. 3713 § 1, 1996)

A. When a fee is to be paid in-lieu of land dedication, the applicant 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 12.64.070. The fee for land shall be paid prior to or contemporaneously with recordation of a final map, issuance of a permit or approval of any application as defined as a “development” project. The total amount may be rounded to the nearest whole dollar. The amount of in-lieu fee shall be determined in accordance with the following Formula B:

FORMULA B
Formula for Fee In-Lieu of Trail
Dedication
Number X Phase X Fair = Amount
of Standard Market of
Dwelling for Trail Value of In-Lieu
Units by Type of
Land (per Fee
Dwelling Square Required Unit
Foot) for Trail

B. Said in-lieu fee collected and accrued interest shall be used primarily to acquire necessary trails. The second priority of said monies shall be to improve and enhance trail facilities for said phase as shown in the Specific Trails Plan. (Ord. 3713 § 1, 1996)

A. When a portion of a trail is located within land to be developed, and such portion is less than the amount of dedication required pursuant to Section 12.64.070, applicant shall dedicate said portion of trail, and a fee computed pursuant to the provisions of Section 12.64.080 shall be paid for the value of any additional land that would have been required to be dedicated pursuant to Section 12.64.070. (Ord. 3713 § 1, 1996)

A. The fair market value of 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 in accordance with Section 15.80.100 of the Bakersfield Municipal Code; except as follows;

B. In the case where a trail serving a phase, has been acquired by the city prior to said development, the planning director has determined that said acquisition has not or does not satisfy another development’s requirements pursuant to this chapter, then, the determination of the “fair market value” used in the formula herein is defined as the purchase or acquisition price paid by the city for said real property on which the trail is located. (Ord. 3713 § 1, 1996)

A. When a fee is to be paid in-lieu of improvement, the applicant shall, in-lieu of improving trail, pay a fee equal to the value of improving the amount of land as calculated pursuant to Section 12.64.070. The fee for improvement shall be paid prior to or contemporaneously with issuance of a building permit for a residential dwelling unit. The total amount may be rounded to the nearest whole dollar. The amount of in-lieu fee shall be determined in accordance with the following Formula C:

FORMULA C
Formula for Fee In-Lieu of Trail
Improvement

Phase X Trail = Amount of
Standard for Improvement Improvement
Trail per Type Cost per Fee Required
of Dwelling Square Foot for Trails per
Unit Dwelling Unit

B. The city engineer shall establish, and from time to time, may review and revise the construction and improvement costs of trails used in Formula C in order to make cost adjustments due to inflation, updated labor and material costs, revision of design standard, or other related factors. The city engineer shall keep this cost information on file in his office available for public inspection

C. The in-lieu fee collected and any accrued interest shall be used primarily for the purpose of constructing and improving trails. Construction and improvement of trails may be combined with the construction of parks serving the planning area to provide for an integrated recreational facility. Secondarily, the in-lieu fee may be used to acquire trail facilities. (Ord. 3713 § 1, 1996)

An applicant may make written request to the city for credit of trails and/or support facilities and/or improvements to be applied to future development projects within the phase planning area by providing all or a portion of trails, support facilities and/or improvements. Said request shall be in accordance with the guidelines and policies stated in the Specific Trails Plan. (Ord. 3713 § 1, 1996)

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. Disposition of collected fees shall be subject to the provisions of Section 66001, or its successor section, of the Government Code.

C. The finance director, or designee, 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. 3713 § 1, 1996)

If, during the ensuing time between dedication or acquisition of land for Specific Trails Plan purposes and commencement of first stage or development, circumstances arise which indicate another site would be more suitable for trail purposes serving the phase planning area, 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 trail facility. (Ord. 3713 § 1, 1996)

The following shall be exempt from the provisions of this chapter:

A. Reconstruction, rehabilitation, remodel or replacement of a residential dwelling unit, provided that 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.

B. A development for which requirements for trail and support facilities pursuant to this chapter have been previously met, and evidence acceptable to the advisory agency is provided by the applicant. However, subsequent development of land may require additional dedication, improvement and/or in-lieu fees as set forth in this chapter. (Ord. 3713 § 1, 1996)

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. 3713 § 1, 1996)

The Bakersfield Municipal Code is current through Ordinance 5214, passed April 8, 2026.

Disclaimer: The city clerk has the official version of the Bakersfield Municipal Code. Users should contact the city clerk for ordinances passed subsequent to the ordinance cited above.

City Website: www.bakersfieldcity.us City Telephone: (661) 326-3000

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