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Home My WebLink AboutORD NO 2033 ORDINANCE NO. 2033 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF OF BAKERSFIELD APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE DOWNTOWN BAKERSFIELD REDEVELOPMENT PROJECT. WHEREAS, the Bakersfield Redevelopment Agency (hereafter referred to as the "Agency") formulated and prepared the proposed Redevelopment Plan for the Downtown Bakersfield Redevelopment Project; and WHEREAS, the Planning Commission of the City of Bakersfield submitted its report and recommendation finding the said proposed Redevelopment. Plan to be in conformity with the General Plan and recommended approval of said proposed Redevelopment Plan; and WHEREAS, the Agency adopted rules governing participation and preferences by owners, operators of businesses and tenants in the Project area; and WHEREAS, the Agency submitted to the City Council of the City of Bakersfield said proposed Redevelopment Plan for the Downtown Bakersfield Redevelopment Project; and WHEREAS, the Agency has submitted the Report of the Agency on said proposed Redevelopment Plan to the City Council; and WHE~REAS, after due notice, a joint public hearing has been held by the Agency and the City Council; and WHEREAS, all actions required by law have been taken by all appropriate public agencies. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. The purposes and intent of the City Council with respect to the Project area are to: 1. Eliminate the conditions of blight existing in the Project area; 2. Insure, as far as possible, that the causes of blight- ing conditions will be either eliminated or protected against; 3. Provide participation for owners in the Project area; 4. Encourage and insure the redevelopment of the Project area; 5. Encourage and foster the economic revitalization of the Project area; 6. Develop and build the public facilities in the Pro- ject area to provide a safe and efficient service for the people who will occupy the area and the general public as a whole. SECTION 2. All written and oral objections to the Redevelopment Plan are hereby overruled. SECTION 3. The proposed Redevelopment Plan for the Downtown Bakersfield Redevelopment Project is hereby approved and adopted and designated the official Redevelopment Plan for the Downtown Bakersfield Redevelopment Project. SECTION 4. The Redevelopment Plan for the Downtown Bakersfield Redevelopment Project (hereinafter called the "Redevelopment Plan") is hereby incorporated herein by reference and made a part hereof as fully as if set out at length herein. SECTION 5. The City Council hereby finds and determines that: 1. The Project area is a blighted area, the redevelop- ment of which is necessary to effectuate the public purposes declared in the Community Redevelopment Law of the State of California; 2. The Redevelopment Plan will redevelop the Project area in conformity with the Community Redevelopment Law of the State of California in the interests of the public peace, health, safety, and welfare; 3. The adoption and carrying out of the Redevelopment Plan is economically sound and feasible; 4. The Redevelopment Plan conforms to the General Plan of the City of Bakersfield; 5. 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; 6. 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; 7. The Agency has a feasible method and plan for the relocation of families and persons to be temporarily or permanently displaced from housing facilities in the Project area; 8. There are or are being provided in the Project area or in other areas not generally less desirable in 3. regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons 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; 9. The Redevelopment Plan will afford a maximum oppor- tunity consistent with the sound needs of the locality as a whole for the redevelopment of such area by private enterprises; 10. In order to implement and facilitate the effectuation of the Redevelopment Plan hereby approved and adopted it is found and determined that certain official action must be taken by the City Council with refer- ence, 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 action, and accordingly the City Council hereby: (a) Pledges its cooperation in helping to carry out such Redevelopment Plan; and (b) Requests the various officials, departments, boards~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 said Redevelopment Plan; and e (c) Stands ready to consider to take appropriate action upon proposals and measures designed to effectuate the Redevelopment Plan. SECTION 6. The City Council is satisfied permanent housing facilities will be available within three 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 anq 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 occu- pancy. SECTION 7. 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 8. 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 redevelop- ment of the 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 Government Code to the extent applicable. SECTION 9. The Building Dep~rtment of the City of Bakersfield is hereby directed for a period of two years after the effective date of this ordinance to advise all applicants for building permits within the Project area that the site for which building permit is sought for the construction of buildings or for other improvements is within a redevelopment project area. SECTION 10. The City Clerk is directed, as promptly as practicable following the adoption of the Redevelopment Plan, but in any event, on or before the January 1st next following this adoption to trans- mit a copy of the description and statement recorded by the City pursuant to Section Eight of this ordinance and a map or plat show- ing the boundaries of the Project area to the Auditor and Tax Assessor of Kern County, to the governing body of each of the tax- ing agencies which levies taxes upon any property in the Project area, and to the State Board of Equalization. SECTION 11. Within 90 days after June 30 of each year following the effective date of this ordinance and at such other times as City Council may request in writing, and until the Redevelopment Plan has been fully accomplished, the Agency shall file with the City Council a report containing a statement of the progress made under the Redevelopment Plan, the financial condition of the Agency, and such other information concerning the Downtown Bakersfield Redevelop- ment Project as the City Council may request. o0o 6. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a special meeting thereof held on the 14th day of August, 1972, by the follow- ing vote: AYES: COUNCILMEN BLEECKER, HEISEY,~A,',."DDE~S, R~'ES, ~, THOMAS, WH['~TEMORE NOES: COUNCILMEN: ABSTAINING COUNCILMEN: CITY CLERK and Ex:Of~£~io Cl~erk of the Council of the City of Bakersfield A~f August, 1972 MA Oy~o'f the 'City of Bakersfield APPROVED: CITY ATTORNEY- Bakersfield Redevelopment Agency RESOLUTION NO. RA-2-72 " RESOLUTION AUTI-IORIZING TRANSMITTAL OF PROPOSED REDEVELOP.;:4ENT PLAN TO PLANNING CO,.'¥.:MISSION I%~tlEREAS, the Redevelopment Agency has prepared a proposed R.e. deve].op~.%ent Plan for the Downtown Bakersfield Redevelopment Project; WHEI~AS, the proposed Redevelopment Plan for the Red. eve].- opment Project conforms to the requirements of the Califormia Community Redevelopment Law (Section 33330, et seq., Calif. Health- & Safety Code); NOW THEREFO~J, the Redevelopment Agency DOES HEREBY RESOLVE as follows: The E~'ecutive Director of the "=~ ,~ ~m .,- ~.c,e%..].o~,.en~ Agency is hereby authorized and directed to transmit the proposed Redevelopment Plan for the Dov;ntown '~-" -~'~: ' ].~e!..~ ie].d ~-..~ , ~1 · , ,~.,~'.~- - ~.~.V=_OpJ .., u Pro-- ject to the Planning Commission for its report and rec-- O~uendation as required by the California Comntunity Redevelopment. I,aw (Sections 33346 and 33347~ Calif. and Safety Code). APPROVED AND ADOPTED this 6th day of _~g~y ...... , 1972. Ayes: Casper,' Lee~ Poehner, Pude~, S~art, Taber Noes: None ~C ~ ' Absent:. King _. ~.-v lc e-~a lfri~2a~ / / "' .. Re~ve lop~ Agency ATTEST: Secretary .BAKERSFIELD ILEDEVELOPMENT AGENCY CITY OF BAKERSFIELD, CALIFOI~IA .. .' PROPOSED P~:DEVELOPMENT PLAN FOR THE DOI'..'NTO?~ BAKERS_~'IELD REDEVELOP~,~ENT PROJECT July 1972 PROPOSED PJgDEVELOPMENT .PLAN FOR THE DOWT6WN BAKERSFIELD REDEVELOPMENT PROJECT. I. IS 100] INTRODUCTION % & ._ The. Redevelopment Plan ("Plan") for the Downtown B'akersfield : Redeve'lopment Project ("Project") consists of Pa~t I ·("Text") and' Part II ("Map"). This Redevelopment Plan has been prepared by the Bakersfield Redevelopment Agency ("Agency") of the City of Bakersfield, California ("City") pursuant to the Commul~ity Redevelopment Law of the State of California ("Redevelopment- Law"), the California Constitution, and all appli.cable local laws and ordinances. The California Conununity Redevelopment Law is located in the California Health & Safety Code Section 33000, .et seq. -. - II. IS 200] PROJECT AREA DOUNDARIES ~he boundaries of the ·Redevelopment Project Area ("Project area") are illustrated on the Map. The legal description of the .boundaries Of the Pr. oject area is as follows: That certain parcel of land in the City of Bakersfield, County .of Ker~, State of California, described as follows: ' Beginning at the southwest corner of Block 249 City of Bakersfield, thence Westerly along· the north line of 18th Street to the southeast corner of Block 245; thence at right angle south along the west line of Chester Ave.hue to the southeast corner of Block 274; thence at right angle west along the north line .. of 17th Street 1,732.5 feet to a point of .intersec- tion with the west line of E Street extended; thence at right angle south along the west line of.E Street to the northe;.:st corner of Block 320; thence at right · angle east along the south line of 16th' Street to' intersect the east l~ne of Chester Avenue; thence at right angle north along the east line of Chester Avenue ·346.5 feet to the nort:hwest corner of B].ock 313, thence at right angle east along the south line .of Truxtun Avenue to the northwest corner of Block · 310; thence at right angle north a].oug the east line · of M S{:reet to the southwest corner of Block 249 and the ·point of beginning. III, [~ 300] PROPOSED REDEVELOPMENT A~..TIONS ' A. [~ 301] Genera]. The Agency proposed to eliminate and prevent the spread of bii'ght in the Project area by: ~ (1)~ Acquisition of cert'ain rea]. property; (2) Demolition or removal of certain buildings and improvements; '(3) Relocation assistance to displaced residen- tial and nonresidential occupants; (4)· Installation, construction, or reconstruc- tion of streets, utilities, and Other public _ ~mprovements; '(5) Disposition of any property acquired for uses in ac.cordance with this Plan; · (6) Redevelopment of land by private enterprise or 'public agencies for uses in accordance with this Plan. B, [~ 302] P_r_.ope r t__y__ Acq u i s i t io~__~ 1. [~ ·303] Acquisition of Real ·Property Except as specif.-ica!ly exempted herein, the Agency may .? acquire })ut is not required to acquire; any real property locat-- ed in the Project area, by any means authorized by ].aw. The Agency shall not within the Project area acquire (1) interests in oil, gas, Or o".'-he~': mineral substances, or (2) the right to extract such substau~es through any opening o%- pane- tration for any purpose counected tller~with more than 500 feet o from the surface. The Agency sSall not acquire real pr-operty to be retained by an owner pursuant to a participation agreement if the owner~ ~.ully performs under the agreemen',". The Age~.~.cy is authorized to acquire structures without acquiring .the land upon which those st'.ructures are located. The Agency is authorized to ac- quire either the entire fee or any other interest in real pro- perry ess than a fee. ?'!%e Agency shall not acquire rea]. property on which an existihg building is to be continued on its prese'.nt site and in its present form and use without the consent of the owner, unless (1) such building rcquires structural alteration,' "provement, moder'~{ization, or rehabilitation, or (2) the site or lo~ on wh'[ch the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon " such property· a~y of the standards, restrictions and controls " of the 'Plan 'and the owner fails or refuses to participate in the Plan by executing a partic, ip'ation agreement. 2. [.~ 304] Ac__quisition o~ Personal Pr. op_erty Generally personal property shall not be acquired. How- ever, where necessary in .the execution of this Plan, the Agency .. is authorized to ac~re personal property in the Project. area by any lawful means 'except eminent domain. C. [~ 305] PartJ..cJ_~R~tion by OwDers and Tenants 1. [.~ 306] .'.O.p::~_,.c_,rt,,,nities for O.:'~ners and ~e'nants Tile Age,~cy shall extend preferences to p~:rsons who are owners and' te!~ants in the Project. area, to continue in or reenter the ,~--,.' ~.~. ', ~ ~ ~. .;~ ~ redeveloped area if they otherwise meet the r:equ~rements pres- cribed 'in the Plan. Owners of real property in the Project area shall,, as feasible, 'be given the opportunity to participate in redevelop- ment., b~ retaining all or a portion df their properties, by ac-' .: ! quiring adjacent or other properties in the Project area, or by selling their properties to the Agency and purchasing other properties in the Project area. ? III the event a participant fails or refuses to rehabili- tate o~. develop his real property pursuant to' this Plan, .I real property or any interest therein may be acquired by the Agency 'and sold or leased for rehabilitation or development in accordance with this Plan. 2. [~ 307] Rules for Participation .- tie~ ,' 'P flor i'tie s 'an'd 'P ~.e f ¢~. e'n Ces ~he.~Agency shall provide an opportunity to owners and renal'ts in the Project area to participate in the growth and ... development of 'the Project area, and shall promu.lgate rules for own.er and tenant participation. If conflicts develop ben,ween the desires of par'ticipants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferendes am6ng the' owners and tenants. Participation opportunities shall necessarily be subject to and limited by the expansion of public utilities and facili- ties, realignme~nt and widening of streets; and the opening of new streets, if any. 3.. [~ 308] ' partici..p__a, tion A~reements Each participant may enter into a b~.nding agreement with the' Agency by which the participant agrees to rehabilitate or .develop, and use the property in .conformance with the Plan and to be ~ubject to the provisions thereof~. Whether or not 'a par- ticipant enters into a participation agreement wit'h the Agency th~ provisions of this Plan are applicable to all public and private property in the Project area. , D, IS 309] Coopera. tion with Public Bodies CeMtain public bodies are au{~horized by state law to aid and, cooperate with or withou~ consideration, in the planning, Onderta'king, construction, or operation of this Project. The Agency shall seek the aid and cooperation of such public bodies and s.hall attempt to coordinate this Plan with the activi[-ies of such public bodies in order to accomplish the 'purposes of redevelopment and the highest public good: : The Agency, by law, is not authorized to acq.u!re real pro- -perry owned by public bodies without the consent of such public' bodie~'. The Agency, h'owever, %.~ill seek the cooperation of all publig bodies which own or intend to acquire property in the · Project area. Any public body which owns or leases property in the Project area will be afforded all the privil.eges of (K~ner and tenant p~rticipation if such public body is wi].li~.%g to enter into a participation agreement with the Agency. The Agency is authorized to financially (and otherwise) assist any public' entity in the cost of public land, buildings, facilities, structures, or other improvements (within or outside of the Pro- ject area) which land, buildings, facilities, structures or other improvements are of benefit to the Project: E. [.~ 310] Prope'rty Management During such time as property if any in the Project area is owned by the Agency., such property shall b~: under the ma-nagemen't and control of the Agency. Such property may be rented or leas-' ed by the Agency pending its disposition for redevelopment. The Agency is authorized, but not required, to make pay- ments to taxing agencies in lieu of. property taxes. ' F. [S 311] Relocation of P. ersor, s, Individuals and ~-~s-~'.ness Concerns Displaced b.y.t, he Project 1. IS 312] Assistance in Finding Other ' .:'. Loca~.~ons .: ThelAgency shall assist 'ali. persons, individuals and busi- ness concerns disp].aced by the Project in finding other, loca- tions and facilities. I.n order to carry out the Project with a minimtun of hard-~hip to persons, individuals and to business concerns, if any, displaced from their .places of ~eside:'~ce or business by the Project 'the Agency shall assist these indivi- duals in finding a new location that is within their fJ..nancia..1 means; in"'reasonab!y convenient locations, and otherwise suit:-- able to their needs. 2. ~ 313] Relocation Payments and Relocation , Advis Ory' ~-s~{~ t an ce "The Age'ncy is. authorized to pay all relocation payments and to provide relocation advisory, assistance to all Project' resi.- dents and business concerns that is in?the best interest of the Project and as authorized by law. G. [~ 314] Demolition, Clearance., Public Im~rove- ments, 5~-.i-].-d~C~j and Site Preparation ".%. 1.. [§ 315] Demolition and Clearance The Agency is authorized, for property acquired by the Agency or with the approval of the owners, to demolish.and clear buildings', .structures, and other imp.rovements fror{{ any real 'property in the Project area as necessary to carry out the purposes of this Plax]. / 9.. IS 316] Public ImProvements The Agency .is authorized to install ~nd construct or to cau,se to be installed and co~{strueted th~. public ~mprovements and public utilities (within or outside the Proj.ect area) n. eces- sary to carry out the Plan. Such public improvements include, but a not limited to, over or underpasses, bridges, streets, curbs, ! gutters, sidewalks, street lights, sewers, .storm drains, traffic s. ignals, ele. ctrical distribution systems, natural gas distribution systems, water distribution systems, parks, plazas, · -playgrounds: motor vehicle parking facJ.]:ities, and landscaped ~reas: . 3. IS 317] P__re_paration of Buil'ding Sit'es The Agency is authorized to prepare or cause to be prepared as building .sites any real pzoperty ~in the Project area owned by the Agency. H. [~ 318] Rehabi].itation and Moving of struc u're's_'_ , 1. [$ 319] Rehabilitation The Ag¢:ncy is authorized to rehab.~litate or to cause to be rehabilitated any b{%ilding or structure in the Project area. 2. [.~ 320] Movin~ of Str%{ctures As necessary in carrying out. this Plan., the Agency is au-- thorized.t.o move or to cause to be moved any standard structure or bull. ding to a location outside the Project area. I. [S 321] P..r..op~._er_.t~__D~_s_p_o_s.iti~n and Development 1'. [$ 322] Real Pr_o. Rc_,r__t~y .D_~_p_o. sition and Developme}~t a. [~ 323] General For the purposes of this Plan, the Agency is a~thorized t.o. sell, ..lease, exchange, subdivide, trans'-er, assign,, pledge, en- cttmber by mortgage or deed of trust, or otherwise dispose of any ~nterest in real property. To the extent permi.tted by la;.,', the Ager:cy is authozized to dispose'of real property by negotiated leases or s~les with- out p~blic bidding. All real property acquired by the Agency..in the Project area shall be sold or leased to public or private person's or en- tities for development for the.' uses permitted in the Plan for adequate consideration, for the 'specific uses to be permitted on the real property sold or leas.ed.. Real property acquired by the Agency may be conveyed by the Agency..without cha.rge to the City' and, where beneficial to the Project a~ea, without charge to any other public body.' All purchasers or lessees of property from the Agency shall be made obligated to use the property for the. purposes designated in this Plan,'to begin and complete develop- ment 0'f the' proparty within a period'of time which the Agency fixes as reasonable, and to comply with other conditions which the Agency deems necessary to carry out the purposes of this Plan. b. [~ 32~] Purchase and Development-__b_y_ Participants Pursuant to the provis~ ~- _on,., of this Plan and the rules adoph- ed by the Agency, tohe Ag¢:ncy shall offer real property ac¢:u~red by the Agency in the Project area for sale t6 and development by owner and tenant p'articipants prior to the time t'~at real proper- ty is made available for sale to and development by persons who are not owners or tenants in the Pro. jeer area. / ¢. [~ 325] Purchase and Development / ' Documents · To provide adequate safeguards to ensure that the provisions of this 'Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency Ils':subj-'e ~ ~ all property subject to participation-~gree- mO~'its';'....as wel]¢:aSto the provisions of this Plan. ! Leas. es, deeds, 'contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights o~ reverter, conditions subsequent, equitable servitudes, or any other provisions neces- sary .to carry out this Plan. Ali. pro;.~erty in the Project area is hereby subject to the restriction t'hat there shall be no discrimination or segregation based upon. race, color, religion, national origin, or' ancestry, in the .sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in. the Project area. All property sold, leased, conveyed, or subject to a participation agreement shall be expressly subject by ~ppropriate documents to the restriction that all deeds, lea~es, or contracts fo)= the sale, lease, sub- lease, or other transfer of land in the Project area shall con- rain such nondiscrimination and nonsegregation, clauses as a~-~.~ required by law. ; '~ ': ~'~ ., . ~. d. [$ .326] Develo~men t iTo.tl~e extent now or heroafter permitted by law, the Agency is authorized to pay for, develop, or construct any building, facility, structure, or other .improvement eitller within or out- s'~'de the Project area for itself o~ for any public body or entity, which buildings, facilities, structures, or other improvements would be".:of benefit to the Project area. Ali. development plans shall be submitted to the Agency for approval and architectural review. All development in the Pro-- jest' a. rea must conform to this Plan and ali. applicable Federal, State, and local laws and must receive the approval of the appro- priate pub. lic agencies. 2. [~ 327] P ez son al__P_.r_o.pe r_t.¥_Dis po s i ~ion For the pu~.'i~oses of this P. lan the Agency is authorized to sell, lease, exchange, transfer, assign, pledge, enc%u~ber, or otherwise dispose of per'sonal propert~ which is acquired by the · Agency. IV.' [.~ 40.0]' USES PERi,~ITTED IN THE PROJECT AREA A. [ $ '40.1 ] MaR .. , The Map attached hereto illustrate~s the location of the Project area, the itm, ediately adjacent streets, the proposed pub- lic rights-of-way and public easements, and the Map establishes land uses to be per..mit'ted in the Project area (both public, sem~- public and private). B. [~ 402 ] Com,.~ercial Commercial uses shall be allowed in areas A,'B, C, D, E, F, G, H, I, J and K 'as shown on the Map. These co,~'~merci~l uses sh~ll include but not be limited to retail add wholesal.e commer'cf, aI enl:er- prt~es; bus.[ness and financial service institutions;, speciality and accessory shopsj and suppor-tir{g vehicle parking faci!lities. I. · C. (Sec. 403) Office/Limited Commercial ._ Within Areas L, M, N, 0 and P as shown on the Map, Off[ce/Limited Cbmmercial uses shall be permitted, m~h~se Office/Limited Commercial qses shall include but not be limited to bus,[ne.ss and financial offices; retail enterprises; and supper.ting vehicle parking facilities. · D. (Sec. 404) Public UsesI .. 1. (Sec. 405) Pubti~ Street Layout~ Rights-.of-Way. and IEasements The public rights-of-way and princ~Jpal streets for the Project ama are illustrated on the Map and are as follows: i " Truxtun Avenue, Chester Avlenue, 16th Street, 17th ' Street, 18th Street, 17th Pt.'ace, E Street, F Street, · (~ Street, H Street, I Street, K Street, [_ Sti-eet, and M Street. , ,. Such streets and rights-of-way may.' be widened, altered, abandoned, , '1 I. .vacated, or closed by the Agency and the C,tty as necessamy for proper ~levelop- . · I merit of the Pr'o]ect. Additional public str~et-~, alleys and easements may be created by the Agency and the City in the P~-oject ama as needed for proper ~evelopment and circulation. The public rights-of~-way shall be used for vehicular and/or pedestrian traffic as well as for public improvements, public and private utilities, and activities typica, lty found in public rightS-Olff-way. In addition, all necessar~y I easements for public uses~ public facilities,, and public utilities may be re- tained and cr~-ated. ... 2. (Sec. 406) _Specific Pubtic'Uses The City Hell is to remain in Area S and it is proposed that a police building be construcfied by'the City in Area R. E. (Sec. 407) ~her Public~ Semi-Pubtic~ lnstitLYcion~l s ~ ~ / and Non-Profit Uses : I ..' , In any area on the Map the Agency is authorized to permit the establish- ..ment or enlargement of public, semi-public, .institutional, or non-profit uses, inctudiig park and recreationa! facilities, libra, ties, hospitals, educ~ationat, fraternal, employee, philanthropic and charif~ble institutions, and f~,~cilities 'of o~'her si.rnilar associations or organizations. Att such uses shall conform so far as possible to the provisions of this Plan applicable to the uses in the specific area involved. The Agency shall impose such other reasonable restrictions updn such uses as are necessary to protect the d~vetopment and use of the Pro-- ject area. F. (Sec, 408) General Controls and Limitations .. Att real property in the Project area is hereby made subject to the con- trots and requirements of this Plan. No Peat property shall be developed, r~hab.Jtitated, or' otherwise changed after, the date of the adoption of the Plan except in conformance with the pr'ov[s[ons of this Plan. 1. (Sec. 409) New Constr'uctJon Att construct[on in the ProJect area shall comply with att applicable $~ate and tocst .taws in effect from · . .. , '. ~ '. ,'~ '.,. '"": ' ": ..... ' inclt.~ding, without limitation, the Building; F,].e~trical., 'Heating and Ventilating, Housing, and Plumbing Codes'.of the City. 'All setback areas shall be landscaped and maintained by the owner. Any port. ion necessary for vehicle access shall be paved. Pa'rking structures and parkJ, n~ faci].ities for the ~oint u-~.'e / ! of. two' or more parcels of a size sufficient to meet the combined r~quirements of such parcels may be constructed with prior writ-- ten approval of the Agency. No parking space shall be locat;ed ? in a se~tback area excep'~- with prior written approval of the / Agencyi Parking spaces shall be paved ~md drained so that storm an.~ s~rface waters draining from parcels will not cross public sidewalks. Parking 'spaces visible from streets shall be land-- scaped in accordance with the City's zoning ordinance to prevent u,{sightly or barren appearance. Lighting for parking spaces shall be 'shielded from ad~jacent proper'ties and adjoining streets. Off-street loading facilities shall be located in a manner · to avoid interference with public use of sidewalks from the street. All off-street, loading facilities shall be reasonably located at such a ~epth within a complete.ly enclosed building as to r. easonably contain and ~estrict the emission of noises .. typically attributed to such function. Of~-street loading facili- ties m~st also be screened by landscaping to the extent and in the manner required by. the Agency. The Agency shall establish setback requirements for all new developmen,'- within the Project area which ]nay exceed the require- ments of the City's zoni:~g ordinance. 2. IS 410] Exis_t~_n_g_ Non.--.Conforming Uses · The Agency is authorized to permit an existing use to re- maih.., i,% ah existi~g build, lng which use does not conform to the provisions of' tills Plan, provided that such use is determined : by .the.." Agency to be generally compatible with the developme:~t and u-~es in the Project area. The owner of such a property must be w'i. lling to enter into a participation agreement and agree to · the imposition of such reasonable restrictions as are necessary to pro. ect the development and use of the Project area. · I 3. [~ 4].1] Rehabilitation Ahy existing structur~:, within the Project area which.the Agency shall approve for retention and rehabilitation shall be repaired, altered, reconstructed, or rehabili'tated in such a manner that it will meet the following .requirements: be safe and sound in all physical respects and ~e attractive in appear- .ance and not detrimental to the surrounding uses. 4. [~ 412]. Limitation on the Number of Bui lding_s. The n'umber of' buildings in the Project area shall not exceed 100. : 5. IS 413] O__p_en Sp___aces .and Landscapinq~ The approximate amount of open spaces .to be provided in the Pr. eject area is the t. otal of all areas which will be in the pub- lic rights--of-way, the public grounds,'the space around buildings, and all other amount of outdoor areas not permitted ti%rough limits on. land coverage by this Plan. to be covered by buildings. Landscaping si%all be developed in the Project area to ensure opti-.' mum usc of ]'i~i. nc; plant ~,;aterial, 6. [~ 414] Limitation .on T¥_pe, Size and The height, t-ype, and size of buildings shall be as limited by the applicable state statutes and local zoning, building.and , other a, pplicable codes and ordinances. .' 7. [~ 415] Light, A~r, and Pr.iv_gc__y. · In all areas s~fficien{ space shall be maintained between buildings to provide adequate light, air, and privacy. i8. [~ 416] Signs O premJ, se advertising, signs shall be permitted in the Pro- je.ct area only in conformity with State statutes, and local codes and ordinances. '9. [~ 417] Utilities The Agency shall require that all utilities be pi. aced under-- grolmd whenever physically a~%d 'economically feasible. . 10. [~ 418] Inco~patible Uses No use or structure which by reason of appearance, traffic, · smoke, glare, noise, odor, or similar factors would be incom- patible wi%h' the s[~rro%u%d, ing areas or structures shall be per- mitted in any part of the Project area. Except as permitted by the' City, fhere shall be no opening or penetration within 500 feet of the sur'face within the Project area for.. extraction of oil, gas, or other ~minera'l substances or for any Other purpose connected therewith. · 11. [.~ 419] Nondiscrimina~:ion and Nonsegre~vat ion The~ie sbal! be no discrimination or segregation, b~sed upon race, co].or, creed, religion, national origin, or ancestry permitted in the sale, ]..ease, sublease,, transfer, use, occupancy, tenure, or cnjoyment of property in the Project ar. ea. 12. [~ 420] Minor Variations , Under exceptional circumstauce~ the Agency is authorized to permit variations from the limits; restrictions, and cont~o].s estab].ished by tl%e Pla:]. in order to permit such a variation %he Agency mu-st determine that: (1) Tile application of '¢:ertain provisions of the ]?lan would result in practical .difficulties or u,~necessary hardships inconsistent with the general purpose and intent of tl%e Plan. (2) .There are exceptional circumstances .or con- ditions applicable to the property' or to tk.e intended develo!?ment 'of the property..wl%ich do not apply, generally to other properties · havin'g the same standards, .restrictions, and con't r o 1 s. .(3) Permitting a variation will not be materially detrimental to the public welfare .or injurious to roperty or improvements in the area.. : ('4) Permitting a variation will not be contrary to the objectives of the Plan. In permitting "a'ny such variation the Agency shall impose such conditions as are necessary to protect tile public health, safety, or welfare, and to assure compliance %.;itel 'the purposes of the Pl~u%. ·. ., '...:~ , · '~, · ...' . · .'..: ~ ;'~j"... G. [$ 421] D__e._s_i.~n for Develop_m._e_n_t' Within the limits, restrictions, and' controls establishad in the Plan, tile Agency is authorized to establish heights of buildings, land coverage, design criteria, traffic circulation, t'raffic access, and other development and design controls nece~- : sary for proper development of both private and public areas within t'he Project are-:t. : No new improvement shall, be constructed and no existihg im.- provement shall be substantially modified, altered, repaimed, o~ rehabilitated except in accordance with architectural, land- sc~'pe; and site plans submitted to and approved in writing by the Agency pursuant to the procedures o'f Section 423. Or, e of the objec'~-ives of this Pi. an is to create an attractive and pleasant en.viron'mant in the Prqject area. Therefore such plans -shall give consideration to good design, open space, and other ameni~-J, es to ehhance the aesthetic quality of the Project area. ~'i~e Agency shall not approve any plans that do 'not comply with this. Plan. H. [~ 42~] B ui ld_in__.g_ pe r~i ts , 1 . m [~ 423] Review of A..~pl'i'ca%ions 'for " Issuance of Per,uits N.o permit shall be issued for the const~:uction of any new building or for any construction on an existing building i:l the Project area from the date of adoption of this Plan until the app].ication for -~;uch permit has been processed lin the manner herein provided. Any such permit that'L.''' issued r,,ust be in con-- formance wi[:h the: provisions of this Plan. / - 17-.- Upon receipt of such an application for permit the Execu- tive Director of the Agency shall be requested by the City to review the application to determine what effect', if any, the issuance thereof would have upon the Plan.. Within ~wenty (25) days thereafter said Executive Di~.ector after conferring with 'the. Planning Commission shall, file with the City a written re- port se~ting ~:orth his finding of ~act, but not limited to, the follow%ng: ·: · ' ( ) Whether the proposed improvements would be · compatible with the standards .and other te- l : quirements set forth in the Plan; .and (2) ·What modifications, if an~, i.n..the proposed improvements would be necessary: .in order to - meet the requirements of the Plan; and, ~(3) .... Whether the applicant has entered into an agreement with the Agency for the development of said improvements and submitted develop- ment plans to the Agency. After receipt 'of said· report br after said .25--day period, 'whichever occurs first, the City may allow-the issuance of the permit with conditions; or shall withhold the ·issuance of the permit if the Executive Director finds that .the proposed im- provement does· not meet the requirements of the Pla~. Within five (5) days after allowing or withhQlding issuance of the per-- mit tl]e City shall notify by certified mail the .applicant and the Execut3. ve Director of its decision. V. [~' 500] METHODS FOR FINANCING THE PROJECT · ai IS 50].] General Desc_~.-i_r..3~t_~on.~o.f- tI__.~e Propo-~;ed ~'inan ci_n ~..t_!.'.,_9 tho els Upon adoption of this Plan by the City council, .the Agency ~ is authqrized to finance this Proje. c'~- with financial assistance from the City, State of California, Federal Government, property t~x' increments, interest income, Agency bonds, or any other a. vailab'].e source. Advances and loans for sur.v~y and planning and for the op.erating capital for nominal administration of this Project are to' be 'provided by the City until adequate tax increraents or other funds are available to repay the loans or are sufficier, tly assured to pc. trait borrowing adequate working capital front sources _ other than the City. The City as ';.t is ~ble will also supply _ additiona'~' assistance through Cits! loans and grants for various pub].i6, facilities. As .available, gets tax funds from the State of California and ,.the county of Kern will be 'used for the street system. Some revenue will. also accrue to %he Project from 'i:~teres% earned on · investment of. Agency funds'. . ... The Agency is authorized to issue bonds if needed and feas- ible in an ataount sufficient to finance the Project. The Agency is hgreby authorized to obtain advances, borrow funds and create indebtedness in carrying out t~e Re~.eveln,~m~-.~,~?- " Plah. The principal and interest on such advances, funds, and ~nr]ebte~ess may be paid from tax increments, or any other 'funds availab].e ~:o the Agen6y. B.' [§ 502] Tax Increments .Ali. taxes levied upon taxable property within the Down'town Redevelopment 'Project each year by or for the benefi't of the Stat~ of California, County of Kern! City of Bakersfield, any ~istrict, or other public corporation (hereinafter sometimes ' called "taxing agencies':) after the effective date of the ordi- nance approving thi.s Redevelopment Plan, shall be divided as (1) That' portion of the t'axes which wou'ld be pro- ; duced by the rate upon which the tax is levied ' each year by or for each of said taxing agen- cies upon the total sum of t]~e assessed value of the taxable property in {:he Redevelopment Project as shown upon the assessment roll used in connection wi'th the taxation of such pro- perry, by. such %faxing'agency, last equalized prior to the effective date of such ordinance, shall be allocate~ to and when collected shall be paid into the f%mds of the respective tax- £ng. agencies as taxes by or for said taxing agencies on all other property are paid (for the purpose of. allocating taxes levied by or for any takfng agency or agencies which did not include the territory of t~e Project on the effective date of such ordinance but to which s'%':ch territory is annexed or othe'~.~ise included after such effective date, the as-~:ss-- ment roll of the County of Kern last equalized .- 20 on the effective date of said ordinance shall be used in determining the assessed valuation of the taxable property in the Pr'o.ject on said , / effective date); and (2) That portion of said'levied taxes" each year in excess of such amount shall be allocated to and when collected shall be paid into a special fund of the' Ag~ncy.;to pay the princi- . pal of and interest on bonds, loans, moneys advanced to, or indebted2%ess (whether funded, " refunded,-assumed, or otherv~ise) in'curred by the Agency to finance or refinance, in whole or in par~, this Redevelopment Project. 'Unless .. and until the total assessed valuation of the .. taxable property in the Project exceeds the total, assessed value of the taxable property ~n the Project as shown by..the last equalized as. sessment roll referred· to in paragraph (1) hereof, all of the taxes levied and collected ' .upQn the taxable property in the. Project shall be paid into the funds of the respective taxing agencles, when said bonds, loans, advances, and ihdebtedness, if any, and interest thereon, have been paid, all moneys thereafter received .. 'fro:~:taxes upon the taxable property in the Proj~c[:"shall be paid into the funds of the · ' respective taxing ag6ncJ, es '~:s taxes on all' other " -- property are paid. % The portion of taxes mentioned in subdJ, visi6n (2) above are hereby irrevoc~bl.y pledged for the payment of the principal of and. interest on the advance of moneys, or making of lo~ns, or the .incurring of any indebtedness (whether funded, refunded, ~ assumed, or otherwise) by the Redevelopment Agency t'o finance or . refinance ill whole or in part the 'Downtown Bakersfield Redevelop- ment Project. ThelAgency is authorized to make such pledges as to specific advances, loans and indebtednesses as appropriate in carrying out the Project. .. C. [~ 503] Other Loans and Grants Any other loans, grants, guarantees or financial assistance from the United States, or any other public or private source will b~. utilized if available. VI. [~ 600] ACTIONS BY THE CITY . ~he City shall aid aI{d cooperate with the Agency in carry- ing out ~his Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to 'preven't the recurrence or spread in the area of conditions caus- ing blight. Action by the City .shall include, but not be limited to the following: (1) Institution and completion of proceedings for opening, cio'sing, vacating, widening, · ' or .changi°~g the grades of streets, alleys, and other public rights-of-way, and for · . other necessary modifications of the streets, tile street layout, and other pub].i.c rights- of-way in the Project area. Such action by ' the Ci{:y 'shall include the. requirement of abandonment and relocation by the ~ub].ic utility companies of their op~:rations in' · public rights-of-way as appropriate to car'ry out this Plan. (2) Institution and completion of proceedings necessary for changes and improvements in 'publicly.--owned public utilities within or affecting the Proje'ct area. (3) Rev/sion of zoning wi'thin the Project area to permit the land uses and development au- · · . thorized by this Plan. (4) Performance of the above, and of all other functions and services relating to public · - health, safety, and physical development nominally rendere'd in a~cordance with a sche- . dule which w~ll' permit the redevelopment of the Project area to be commenced and carried " to compl.etion without unnecessary delays. (5) The undertaking and .cqmpleting of any other · pr6ceedings necessary to car~y ou the Project. VII. [..~ 700] ENFORCEMENT After development, the administrative enforcemen~ of this Plan or other docume~{ts implementing this Plan shall be performed by the City or the Agency. The provisions of .this PI.an or other documents entered into pursuont to this ~'~.-n may.also '-~ enforced by cou~t litigation instituted by either the Agency or the Ci[:y. Such r~medJ, es may .. include, but are not limited to, specific per. formance, damages, reentry, injunctions, or any other remedies appropriated to the purposes of this Plan. In addition, any recorded provisions · which are expressly for the benefit of owners of property in the Project area may be enforced by such owners. VI'I,I. IS ·800] DURATION OF THIS PLAN ~ Except for the nondiscrimination and nonsegregation provi-- sions wh±ch shall r~m in perpetuity, the provisions of this Plan shall be effective and the' provisions of other documents formu- lat'ed~pursuant to this Plan may be made effective for thirty-five (35) years from the date of adoption of this Plan 'by the City Coun ci 1. IX. IS 900] PROCEDUPJ.] FOR A~4ENDMENT _ ' This .P. lan may be amended ~y means of the procedure established in Sections 33450-33458 of the Redevelopment Law or by any other procedure hereafter established by law. -~' · ~P~ E~~ _JLJ / I II I _: ! I- '] I--I [ ~~,~::::::i:i:F~:i ' :i:::::::l:!:[.'.'t'Z.'!::~,,, :: '!I '-- ' ........ .-::'..-.'.~.,~i;-!i.'i.'i ...'...':**.i:~,..-i.": ! · ' i-- '-:- '',' '~':"~::" '":~':':':"-"-':" i,' .- - ~ :.:.:4 :.~.:~ '.'.'.'. '~ .:.:.:.'4'.?~:-:.'. r' '~~'::':':':1 ~ ~:':1:':'~:::::::::::::::::::::::: ''~ :::::::::::::::::::::::: E I 4 -4 E' I ~ '? r- '] ~ M::6::.~5.[:i:[: ,- :[:!:.~.{:!:'M:i: .,' 0 ,,0 ~ . :'-- ..... I ~- ~- ' ~ ~'- ! i'"'-"?"-' 2 '"~"i'"'"'"'"'" ,, , ,,.. ,,.-.,-J,.i~t. F-q E [ ii'iq · · I{ - --,-~ -~ 1 ~. ~:~:..'.E...-~>.~..~ ~: ~.', ,~:-- ' ¢~ . " ~ . · S · E ,~ 0 ' J ..,...:: ::.~>..1 .~-...~-,..: ~ ,~ '-I ,, '! -'1 -I ,...,, ....,~::....,:.,::::. ,..:.,..~.,.,,,~ :. .. ,,,.., r-'-I I-----------1 :F..,~.*..."'~ · m..'m n,,'~.,'.," !k--, .,--, ~ ........ , S"r~:i~ ~ ;.,,;1.:~ J'TJ ,,. · '";",,.-1F./-:::-,".411:: J:-~';':'~,~ .¢.':;:' m o ~. m_ 14 . '1 ~-' ~ ,,.,, r'"' ~.__-:-..........~ STATE OF CALIFORNIA ) COUNTY OF KERN ) SS CITY OF BAKERSFIELD ) · I,iMarian S. Irvin, City Clerk of the City of Bakersfield, California, do hereby certify that the foregoing Ordinance is a true and correct'copy of Ordinance No. 2033 duly and regularly adopted by the City Council of the City of Bakersfield at a special meeting thereof held August 14, 1972. Dated= August 24, 1972 · STATE OF CALIFORNI'A ) ) COUNTY OF KERN ) On August 24, 1972, before me, the tmdersigned, a Notary Public in ~nd for said County, personally appeared Marian; S. Irvin, known to me to be the. City Clerk of Bakersfield, and known to me to be the person who executed the within instrument on behalf of said City, and acknow- ledged to me that such City executed the same. Witness'my hand and official seal. (Notary'?~blic' s Signature) ~m ~y ~INCIPAL O~tCE ,N ~~F~~ ~ .~ Donald F. Stewart ...... (Name - Typed or Prin~ed) · ' ' 'Notary Public in and for " said State Affi av ! of ostmg r mau es STATE OF CALIFORNIA,~ ss. County of Kern ) MARIAN S. IRVIN, 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 ....... ..~..h...e......~..4...t..h......d~.a.~.....o...t.....A...u.g..u...s..t..~. ................... 19....7..2.. she posted on the Bulletin Board at the City Hall, a £ull, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ..... ~..h..e...._l..4..~..h.._d...a.y.....o...t.....A...u.~.u...s.~. .... 19..7..2...., which ordinance was numbered .............. .2...0..3...3. ................ New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT. Subscribed and sworn to before me this 16thda. ~f A~'t~ ~ 72 Notary Public in a.~l~q~r the County of Kern, State of California I k~] PRINCIPAL OFFICE ,N jJ~ i ~ KERN COUNTY jJ,