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HomeMy WebLinkAboutORD NO 3904 8904 ORDINANCE NO. AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF BAKERSFIELD APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE OLD TOWN KERN- PIONEER 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 Old Town Kern - Pioneer Redevelopment Project Area; and WHEREAS, the Agency has formulated and prepared the proposed Redevelopment Plan for the Old Town Kern - Pioneer 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 -1- WHEREAS, the Agency has certified that the Final Environmental Impact Report for the proposed Old Town Kern - Pioneer 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 Old Town Kern - Pioneer Redevelopment Project and has 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 Old Town Kern-Pioneer Redevelopment Project Area would be merged with the Downtown Redevelopment Project Area or the proposed Southeast Bakersfield Project Area; and WHEREAS, since the day this Council began the process to adopt the Old Town Kern-Pioneer 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 Southeast Bakersfield 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 Old Town Kern-Pioneer 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. -2- 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 Old Town Kern - Pioneer 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. 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. The assistance to and encouragement of owner, business, and public agency cooperation 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. The establishment of modern, convenient commercial centers to serve the needs of the surrounding neighborhoods and the City. -3- 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 Iow- and moderate-income households. m. 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. 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. 3, 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 Zoning Ordinances. 5. Promote the design and construction of a more efficient and effective traffic circulation system. 11. 12. 13. 14. 15. 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 Iow- and moderate-income, and promote the construction of replacement housing units where existing units cannot be feasibly rehabilitated. Promote the development of new and diverse, employment opportunities. Upgrade the physical appearance of the Project Area. Remove economic impediments to land assembly and in-fill development in areas that are not properly subdivided for development or redevelopment. Encourage the phasing out of incompatible and/or non-conforming land uses from the Project Area. 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. Provide replacement housing as required by law when dwellings occupied by Iow- or moderate-income persons or families are lost to the Iow- or moderate-income housing market. 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. 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. -5- 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 Old Town Kern - Pioneer Redevelopment Project is hereby approved and adopted and designated the official Redevelopment Plan for the Old Town Kern - Pioneer Redevelopment Project. SECTION 5. The Redevelopment Plan for the Old Town Kern - Pioneer 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) (d) (e) (f) The Old Town Kern - Pioneer 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; 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; -6- (g) (h) (i) (k) 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 Iow 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; 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 -7- (m) (n) (o) 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 Old Town Kern-Pioneer 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 Old Town Kern-Pioneer 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 Iow 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 sewer and water mains and other public facilities, and other public action, and accordingly, this Council hereby: 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. -8- (2) 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 Old Town Kern - Pioneer 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. 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. ........ o0o ........ -9- 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, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER Council of the City of Bakersfield APPROVED: JUN 3 0 1999 ~' BO~B F~ICE, MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: BART J. THILTGEN City Attorney l, ~ 'jANICE scANLAN ~i Deputy City Attorney dlk:S:\REDVAREA\otk pa adopt ordinance -10- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. 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 Bakemfield; 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. 3904 , 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 OLD TOWN KERN-PIONEER REDEVELOPMENT PROJECT. Is/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk ~ S:\DOCUMENT~AOPOSTING July 1, 1999