HomeMy WebLinkAboutORD NO 3905ORDINANCE NO. ~ 9:0 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD APPROVING AND ADOPTING THE
REDEVELOPMENT PLAN FOR THE SOUTHEAST
BAKERSFIELD REDEVELOPMENT PROJECT
WHEREAS, the Bakersfield City Council, hereinafter referred to as "Council,"
authorized the Bakersfield Central District Development Agency, hereinafter referred
to as the "Agency", to commence studies and to formulate a proposed
redevelopment plan for the Southeast Bakersfield Redevelopment Project Area; and
WHEREAS, the Agency has formulated and-prepared the proposed
Redevelopment Plan for the Southeast Bakersfield Redevelopment Project,
hereinafter called the "Redevelopment Plan"; and
WHEREAS, the Bakersfield Planning Commission, hereinafter referred to as
the "Planning Commission", submitted its report and recommendations on said
proposed Redevelopment Plan, finding that the proposed Redevelopment Plan is
in conformity with the General Plan, and recommending that the proposed
Redevelopment Plan be approved and adopted; and
WHEREAS, the Agency submitted to the Council said proposed
Redevelopment Plan, accompanied by the Report to Council of the Agency on said
proposed Redevelopment Plan, which Report contains, among other things, the
Planning Commission's report and recommendations, the Final Environmental
Impact Report on said proposed Redevelopment Plan, the Report of the County
Fiscal Officer and Analysis thereof by the Agency; and
WHEREAS, the Agency adopted rules governing participation by and
reasonable preferences to owners and tenants in the Project Area; and
WHEREAS, the Agency made itself available for consultations with the taxing
agencies which levy taxes, or for which taxes are levied, on property in the Project
Area with respect to the Redevelopment Plan and to the allocation of taxes pursuant
to Section 33670 of the California Health and Safety Code; and
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WHEREAS, the Agency has certified that the Final Environmental Impact
Report for the proposed Southeast Bakersfield Redevelopment Project was
prepared and completed in compliance with the California Environmental Quality Act
of 1970, and State and local regulations and guidelines adopted pursuant thereto;
and
WHEREAS, the Council has certified that it has reviewed and considered the
information contained in the Final Environmental Impact Report for the Southeast
Bakersfield Redevelopment Project and adopted a Statement of Overriding
Consideration; and
WHEREAS, after due notice, a joint public hearing was held by this Council
and the Agency to consider said proposed Redevelopment Plan; and
WHEREAS, at and prior to the joint public hearing, members of the
community voiced concerns that, after adoption, this Southeast Bakersfield
Redevelopment Project Area would be merged with the Downtown Redevelopment
Project Area or the proposed Old Town Kern-Pioneer Project Area; and
WHEREAS, since the day this Council began the process to adopt the
Southeast Bakersfield Redevelopment Project Area, it was this Council's intent that
such project area would be a project area separate and distinct from the existing
Downtown Redevelopment Project Area and the Old Town Kern-Pioneer Project
Area; and
WHEREAS, this Council is well aware that it cannot prevent future City
Councils from merging this project area into another project area, as such merger
is currently permitted under California law; and
WHEREAS, this Council wants to let be known its intent that this Southeast
Bakersfield Redevelopment Project Area stand alone and request that future City
Councils be cognizant of this Council's intent in deciding whether to merge this
project area into another project area any time in the future; and
WHEREAS, after said joint public hearing, this Council heard and passed
upon all oral and written objections by overruling such objections; and
WHEREAS, all actions required by law have been taken by all appropriate
public agencies.
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NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
The recitals contained herein above are true and correct.
SECTION 2.
The purposes and intent of this Council with respect to the Southeast
Bakersfield Redevelopment Project Area are:
The improvement of the physical appearance of the Project Area
through the stimulation of new commercial, industrial and residential
construction, through the rehabilitation of existing commercial and
industrial buildings and sites, through infrastructure improvements.
The elimination of uses that, either individually or collectively,
contribute to blight in the Project Area because they do not conform
to the General Plan or are incompatible with adjacent uses.
The elimination of blight through abatement, code compliance, or
elimination of incompatible uses, and through reconstruction and
assembly of parcels into more developable sites for more compatible
uses, and the maintenance of vacant properties.
The provisions of adequate buffers between commercial/industrial
uses and residential neighborhoods.
The reduction of crime and graffiti in the Project Area through
coordination of efforts with Project Area owners, residents,
businesses, the Bakersfield Police Department and the Bakersfield
Code Enforcement Division, which may include, but not be limited to,
assistance in the provision of police satellite station facilities.
The assistance to and encouragement of owner, business, and public
agency cooperatior~ and participation in revitalizing the Project Area.
The creation and development of new local job opportunities and the
preservation and expansion of the area's existing employment base
through economic development, business empowerment, hiring
preferences for local businesses and residents, and other programs.
The establishment of modern, convenient commercial centers to serve
the needs of the surrounding neighborhoods and the City.
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The elimination or amelioration of certain environmental deficiencies,
including substandard vehicular circulation systems; inadequate street
improvements; inadequate water, sewer and storm drainage systems;
insufficient off-street parking; and other similar public improvements,
facilities and utilities deficiencies adversely affecting the Project Area.
The assistance to owners of real property with the provisions of on-
site improvements to connect to off-site improvements, including, but
not limited to, vehicular circulations and access, water connections,
sewer connections, storm drainage, and off-street parking.
The development of programs to alleviate negative physical, social,
and economic impacts and liabilities associated with a concentration
of liquor-related or other adult-oriented establishments in the Project
Area.
The expansion and upgrading of housing opportunities in the
community to eliminate blight and improve housing stock and
standards for the present population, including both market-rate and
low- and moderate-income households, through, among other things,
the implementation of a comprehensive housing rehabilitation program
and new construction and home ownership programs.
The improvement of local schools, parks and other public uses.
The elimination of drug, prostitution and other criminal activities and
uses throughout the Project Area.
Maintenance of the Project Area's low density residential character by
encouraging home rehabilitation over replacement of older structures,
and single family infill housing in lower density neighborhoods. The
Agency shall give highest priority to the provision of home ownership
opportunities, and the construction and rehabilitation of single family
housing.
The improvement of Southeast Bakersfield's gateways through more
stringent code enforcement backed up by assistance with commercial
rehabilitation, streetscape improvements, entry monuments, and other
capital improvements.
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In achieving the above goals, the following objectives are established for the
Project Area:
Eliminate blighting conditions and prevent the acceleration of blight in
and about the Project Area.
Develop programs and incentives for the rehabilitation and elimination
of old, obsolescent, and deteriorating structures in the Project Area.
Promote the comprehensive planning, design, replanning,
reconstruction and/or rehabilitation in such a manner as to achieve a
higher and better utilization of the land within the Project Area.
Promote development that is consistent with the General Plan and the
Zoning Ordinances.
Promote the design and construction of a more efficient and effective
traffic circulation system.
Provide for adequate parcels and required public improvements to
induce new construction and/or rehabilitation by private enterprise.
Promote the rehabilitation of existing housing units now affordable to
persons and families of low- and moderate-income, and promote the
construction of replacement housing units where existing units cannot
be feasibly rehabilitated.
Promote the retention of existing, and development of new and
diverse, employment opportunities.
9. Upgrade the physical appearance of the Project Area.
10.
Remove economic impediments to land assembly and in-fill
development in areas that are not properly subdivided for
development or redevelopment.
11.
Encourage the phasing out of incompatible and/or non-conforming
land uses from the Project Area.
12.
Mitigate potential relocation impacts resulting from changes in Project
Area land use from non-conforming and dilapidated uses to
development in conformance with the General Plan and the Zoning
Ordinances.
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13.
Provide replacement housing as required by law when dwellings
occupied by low- or moderate-income persons or families are lost to
the low- or moderate-income housing market.
14.
Encourage the cooperation and participation of Project Area property
owners, public agencies and community organizations in the
elimination of blighting conditions and the promotion of new or
improved development in the Project Area.
15.
Provide a procedural and financial mechanism by which the Agency
can assist, complement and coordinate public and private
development, redevelopment, revitalization and enhancement of the
community.
16.
Encourage and facilitate the remediation of properties contaminated
with hazardous substances by responsible parties.
SECTION 3.
All written and oral objections to the
overruled.
Redevelopment Plan are hereby
SECTION 4.
The proposed Redevelopment Plan for the Southeast Bakersfield
Redevelopment Project is hereby approved and adopted and designated the official
Redevelopment Plan for the Southeast Bakersfield Redevelopment Project.
SECTION 5.
The Redevelopment Plan for the Southeast Bakersfield Redevelopment
Project is hereby incorporated herein by reference and made a part hereof as if fully
set out at length herein.
SECTION 6.
This Council hereby finds and determines that:
(a)
(b)
(C)
The Southeast Bakersfield Redevelopment Project Area is a
blighted area, the redevelopment of which is necessary to
effectuate the public purposes declared in the Community
Redevelopment Law of the State of California;
The Redevelopment Plan will redevelop the Project Area in
conformity with the Community Redevelopment Law of the
State of California and in the interests of the public peace,
health, safety and welfare;
The adoption and carrying out of the Redevelopment Plan is
economically sound and feasible;
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(d)
(e)
(f)
(g)
(h)
(i)
(j)
The Redevelopment Plan conforms to the General Plan of the
City of Bakersfield;
The carrying out of the Redevelopment Plan will promote the
public peace, health, safety and welfare of the City of
Bakersfield and will effectuate the purposes and policies of the
Community Redevelopment Law of the State of California;
The condemnation of real property, as provided for in the
Redevelopment Plan, is necessary to the execution of the
Redevelopment Plan and adequate provisions have been
made for payment for property to be acquired as provided by
law;
The Agency has a feasible method and plan for the relocation
of families and persons who may be temporarily or
permanently displaced from housing facilities in the Project
Area;
There are or are being provided in the Project Area or in other
areas not generally less desirable in regard to public utilities
and public and commercial facilities and at rents or prices
within the financial means of the families and persons who may
be displaced from the Project Area, decent, safe and sanitary
dwellings equal in number to the number of and available to
such displaced families and persons and reasonably
accessible to their places of employment; families and persons
shall not be displaced prior to the adoption of a relocation plan
pursuant to Sections 33411 and 33411.1 of the California
Health and Safety Code, and dwelling units housing persons
and families of low or moderate income shall not be removed
or destroyed prior to the adoption of a replacement housing
plan pursuant to Sections 33334.5, 33413 and 33413.5 of the
California Health and Safety Code;
All noncontiguous areas of the Project Area are either blighted
or necessary for effective redevelopment and are not included
for the purpose of obtaining the allocation of taxes from the
area pursuant to Section 33670 of the California Health and
Safety Code without substantial justification;
Inclusion within the Project Area of any lands, buildings or
improvements which are not detrimental to the public health,
safety or welfare is necessary for the effective redevelopment
of the area of which they are a part; any such area included is
necessary for effective redevelopment and is not included for
the purposes of obtaining the allocation of tax increment
revenues from such area pursuant to Section 33670 of the
California Health and Safety Code without other substantial
justification for its inclusion;
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(k)
(m)
(n)
(o)
The elimination of blight and the redevelopment of the Project
Area cannot be reasonably expected to be accomplished by
private enterprise acting alone without the aid and assistance
of the Agency;
The Project Area is predominately urbanized, as defined by
subdivision (b) of Section 33320.1 of the California Health and
Safety Code; and
The time limitation on the number of dollars to be allocated to
the Agency that are contained in the Redevelopment Plan are
reasonably related to the proposed projects to be implemented
in the Project Area and to the ability of the Agency to eliminate
blight within the Project Area.
The Central District Development Agency has certified that the
Final Environmental Impact Report for the proposed Southeast
Bakersfield Redevelopment Project was prepared and
completed in compliance with the. California Environmental
Quality Act of 1970, and State and local regulations and
guidelines adopted pursuant thereto.
The City Council has certified that it has reviewed and
considered the information contained in the Final
Environmental Impact Report for the Southeast Bakersfield
Redevelopment Project and adopted a Statement of Overriding
Consideration.
SECTION 7.
This Council is satisfied permanent housing facilities will be available within
three (3) years from the time occupants of the Project Area are displaced and that
pending the development of such facilities there will be available to such displaced
occupants adequate temporary housing facilities at rents comparable to those in the
City of Bakersfield at the time of their displacement. No persons or families of low
and moderate income shall be displaced from residences unless and until there is
a suitable housing unit available and ready for occupancy by such displaced person
or family at rents comparable to those at the time of their displacement. Such
housing units shall be suitable to,the needs of such displaced persons or families
and must be decent, safe, sanitary and otherwise standard dwellings. The Agency
shall not displace such person or family until such housing units are available and
ready for occupancy.
SECTION 8.
In order to implement and facilitate the effectuation of the Redevelopment
Plan hereby approved and adopted, it is found and determined that certain official
actions may be required to be taken by the Council with reference, among other
things, to changes in zoning, the vacating and removal of streets, alleys, and other
public ways, the establishment of new street patterns, the location and relocation of
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sewer and water mains and other public facilities, and other public action, and
accordingly, this Council hereby:
(2)
Declares its intention to undertake and complete any
proceedings necessary to be carried out by the City of
Bakersfield under the provisions of the Redevelopment Plan.
Requests the various officials, departments, boards,
commissions, and agencies of the City of Bakersfield having
administrative responsibilities in the premises likewise to
cooperate to such end and to exercise their respective
functions and powers in a manner consistent with such
Redevelopment Plan.
SECTION 9.
The City Clerk is hereby directed to send a certified copy of this ordinance to
the Agency, and the Agency is hereby vested with the responsibility for carrying out
the Redevelopment Plan, subject to the provisions of the Redevelopment Plan.
SECTION 10.
The City Clerk is hereby directed to record with the County Recorder of Kern
County a description of the land within the Project Area and a statement that the
proceedings for the redevelopment of the Southeast Bakersfield Redevelopment
Project Area have been instituted under the California Redevelopment Law. The
Agency is hereby directed to effectuate recordation in compliance with the
provisions of Section 27295 of the California Government Code to the extent
applicable.
SECTION 11.
The Building Department of the City of Bakersfield is hereby directed for a
period of two (2) years after the effective date of this ordinance to advise all
applicants for building permits within the Project Area that the site for which a build-
ing permit is sought for the construction of buildings or for other improvements is
within a redevelopment project area.
SECTION 12.
The City Clerk is hereby directed to transmit a copy of the description and
statement recorded by the City pursuant to Section 10 of this ordinance, a copy of
this ordinance, and a map or plat showing the boundaries of the Project Area to the
Auditor and Tax Assessor of Kern County, to the governing body of each of the
taxing agencies which levies taxes upon any property in the Project Area, and to the
State Board of Equalization.
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SECTION 13.
The City Clerk is hereby directed to certify to the passage of this ordinance
and shall post the same, or cause the same to be posted, within fifteen (15) days
after its passage in accordance with Section 36933 of the California Government
Code, in three (3) public places in the City of Bakersfield; that this ordinance shall
be in full force and effect thirty (30) days from and after its passage of the same.
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 June
30, 1999, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MACCARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER t',JO k} F__
COUNCILMEMBER t,tON ~--
COUNCILMEMBER r,J{Sf'qF,-
CITY CLERK and EXOF~!CIO of the
Council of the City of Bakersfield
APPROVED: ~ 8 0 1999
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
JANICE SCANLAN
Deputy City Attorney
dlk:S:\REDVAREA\se adopt red area ordin
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
County of Kern )
PAMELA A. MCCARTHY, 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 1st day of July , 1999 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3905 , passed by the
Bakersfield City Council at a meeting held on the 30th day of June 1999 , and
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE
SOUTHEAST BAKERSFIELD REDEVELOPMENT PROJECT.
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
DEPUT~ City Clerk ;
S:\DOCUMENT~AOPOSTING
July 1, 1999