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HomeMy WebLinkAboutORD NO 5143ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 13.12 OF THE BAKERSFIELD MUNICIPAL CODE TO ADD SECTION 13.12.035 RELATING TO DEVELOPMENT IMPROVEMENT STANDARDS AND SPECIFICATIONS TO INCORPORATE A COMPLETE STREETS POLICY. WHEREAS, the City of Bakersfield sees the need to create a complete and connected network for all transportation users; and WHEREAS, the Complete Streets approach is a nationally recognized framework for designing context -sensitive street facilities that enable efficient travel by all users, including the estimated one third of Americans who do not drive; and WHEREAS, hundreds of municipalities and more than half of U.S. states have adopted ordinances and policies incorporating Complete Streets Concepts; and WHEREAS, on July 12, 2023 the City Council adopted Resolution No. 108- 2023 to update the City's Complete Streets Policy, in furtherance of the City's goals to incorporate Complete Streets Concepts into the planning, design, design review, development, construction, operation, and maintenance of projects and programs affecting all City property; and WHEREAS, the purpose of this ordinance is therefore to mandate compliance with the Complete Streets Policy as appropriate, to formally implement the Complete Streets approach, and to express the City's commitment to creating and maintaining Complete Streets within public rights - of -ways and transportation corridors within the City; and WHEREAS, the intent of this ordinance is to ensure that residents and visitors, regardless of their age, ability, gender, ethnicity, or financial resources, can comfortably, safely, and efficiently use the public right-of-way and meet their transportation needs regardless of their preferred, legal mode of travel; and WHEREAS, implementing complete streets features should aim to improve Multimodal Levels of Service as described in the National Academy of Sciences, National Highway Cooperative Research Board through "Report 616 and any successor document" so as to promote the convenience and comfort of facilities for transit users, pedestrians, bicyclists and other non -motorized users of the public right of way; and Ordinance Amending Section 13.12.035 o�`�AKF9 all - Page 1 of 5 Pages - } F, m r J � ORIGINAL WHEREAS, by utilizing a Complete Streets approach, the City desires to continually prioritize the image and identity of street corridors and improve economic activity on those corridors by providing a framework for current and future development that integrates sidewalks, bike facilities, transit amenities, and safe pedestrian and bicycle access to and from their site, in compliance with the Americans with Disabilities Act (ADA); and WHEREAS, the Vision Zero movement seeks to eliminate all traffic fatalities and severe injuries nationwide - while increasing safe, healthy, equitable mobility for all; and WHEREAS, a strong Complete Streets approach is essential in any municipality striving to be a Vision Zero city; and WHEREAS, the City Council therefore finds that commitment to Complete Streets is important to a Vision Zero goal, and will improve community health by reducing the risk of injuries, encouraging physical activity like walking and bicycling that reduce the incidence of chronic health conditions like obesity and heart disease. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. 13.12.010 Purpose. 13.12.020 Improvements defined. 13.12.030 Standards and specifications. 13.12.035 Complete Streets. 13.12.040 Duty of public works director/city engineer. 13.12.050 Modifications. Section 13.12.035 is hereby added to Chapter 13.12 of the Bakersfield Municipal Code to read as follows: 13.12.035 Complete Streets A. For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning: 1. Accessibility. The ability to reach desired destinations for all transportation system users. Ordinance Amending Section 13.12.035 o�gAK' 9q - Page 2 of 5 Pages - m U p ORIGINAL 2. Complete Streets Features. Include but are not limited to sidewalks, crosswalks, accessible curb ramps, curb extensions, raised medians, refuge islands, modern-day roundabouts and mini -circles, traffic signals and accessible pedestrian signals such as audible indications and pedestrian countdown signals, shared -use paths, bicycle lanes, paved shoulders, street trees, planting strips, signs, pavement markings, including multi -modal pavement striping, street furniture, bicycle parking facilities, public transportation stops, and facilities, including streetscapes, dedicated transit lanes, and transit priority signalization. 3. Context Sensitive Solution. A process in which a full range of stakeholders are involved in developing complete streets transportation solutions that identify and incorporate appropriate complete streets features designed to fit into, enhance, and support the surrounding environment and context, including land use. 4. Multi -Modal. The movement of people and goods by more than one method of transportation. A street that accommodates walking, bicycling, mobility devices, transit, and driving is multi -modal. 5. National Industry Best Practices. Guidelines established by national industry groups on complete streets best policy and implementation practices, including but not limited to reports by the American Planning Association and the National Complete Streets Coalition. 6. Transportation Facility or Project. The planning, design, construction, reconstruction, maintenance, or improvement of public highways, roadways, streets, sidewalks, traffic control devices and signage, and all facilities or improvements related to public transit. 7. Users. Motorists, bicyclists, individuals dependent on mobility devices, transit riders, pedestrians, and others who depend on the transportation system to move people and goods. B. The City shall implement a Complete Streets Policy as follows: 1. On July 12, 2023, the City Council established a Complete Streets Policy by Resolution 108-2023 to guide and direct more comprehensive and balanced planning, design, construction and enforcement of city transportation systems. 2. The Complete Streets Policy shall be reviewed and updated every five years, as appropriate in the discretion of the City Council. Ordinance Amending Section 13.12.035 - Page 3 of 5 Pages - O��AKF T s v o ORIGINAL 3. The Public Works Department shall, based on a context sensitive design and development process, employ a multi -modal approach, and incorporate Complete Streets features in the planning, design, construction, maintenance, enforcement, and operation of transportation facilities and projects, including but not limited to the reconstruction, rehabilitation, restriping, or resurfacing of any transportation facility under the jurisdiction of the City, in accordance with the Complete Streets Policy. 4. The Public Works Department shall evaluate and initiate updates, if any, of existing ordinances, codes, subdivision standards, rules, policies, plans, and design guidelines to ensure their consistency with the Complete Streets Policy and principles. Design standards, guidelines, and manuals shall consider incorporating national industry best practice guidelines and shall be updated from time to time by the directors as necessary to reflect current best practices. 5. The Public Works Department shall provide training for its staff in Complete Streets features, policies, principles, and implementation procedures that may be applicable to the performance of their duties. C. Multi -modal approaches and implementation of Complete Streets features are not required if the Public Works Director, or his/her designee determines, in writing with appropriate documentation, before or during the design process, that: 1. Use of a street or highway by nonmotorized users is prohibited; 2. The safety of pedestrians, bicyclists, or motorists may be placed at unacceptable risk; 3. There is a phased approach to ultimate buildout and interim phases of multi -modal approaches are not feasible; 4. The cost would be excessively disproportionate to the projected need or future use over the long term, as determined by the City Council; 5. There is no documented current or future use to support implementation of Complete Streets features at the location, as determined by the City Council. D. Before December 31 of each year following the enactment of this ordinance, a report shall be submitted to the council detailing efforts made to comply with the Complete Streets ordinance during the prior fiscal year. Ordinance Amending Section 13.12.035 s - Page 4 of 5 Pages - ORIGINAL SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall be effective thirty (30) days from and after the date of its passage. 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 NOV 2 9 2023 , by the following vote: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED: NOV 2 9 2023 By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By:G ASHLEY Z RANO Deputy City Attorney ✓ ✓ 1,, ✓ ✓ ✓ ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR J LIE DRIMAKIS, CPMC, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield AEZ/em S:\COUNCIL\Ords\23-24\13.12.035Complete.Streets.Fnl.Doc Ordinance Amending Section 13.12.035 - Page 5 of 5 Pages - m J r- O ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern )ss. JULIE DRIMAKIS, 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 1 St day of December 2023 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5143, passed by the Bakersfield City Council at a meeting held on the 29th day of November 2023 and entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 13.12 OF THE BAKERSFIELD MUNICIPAL CODE TO ADD SECTION 13.12.035 RELATING TO DEVELOPMENT IMPROVEMENT STANDARDS AND SPECIFICATIONS TO INCORPORATE A COMPLETE STREETS POLICY. JULIE DRIMAKIS, MMC City Clerk and Ex Officio of the Council of the City of Bakersfield 'B ATY City Clerk S:\DOCUMENT\FORMS\AOP.ORD.wpd