ADMINISTRATIVE REPORT
MEETING DATE: April 25, 2024 AGENDA CATEGORY: New Business TO: Planning and Development Committee
FROM: Gregg Strakaluse, Public Works Director
Christopher Boyle, Development Services Director
DATE: April 21, 2024
SUBJECT: Offsite Review Requirements - Nexus of Proportionality
Review proposed changes to Municipal Code related to a referral on offsite review requirements which is now being called the “Nexus of Proportionality.”
RECOMMENDATION:
Provide direction to staff on any changes recommended to the Municipal Code related to what would trigger offsite conditions on projects within the City and the downtown Core.
BACKGROUND:
This report is in response to a referral regarding a Nexus of Proportionality when requirin g off -site improvements for projects located within the City and the “Core Area” of Bakersfield as depicted on the attached map.
Discussions with both staff and developers have emphasized the importance of understanding and applying the Nexus of Proportionality principle in new development and redevelopment projects. When a development project is proposed, it can have various effects on the surrounding environment, such as increased pedestrian/vehicle traffic or strain on public services like water and sew er. Developers are required to ensure that the impact to these services do not adversely diminish the level of service to the system. Additionally, new and redevelopment projects are required to address other offsite infrastructure as defined by Bakersfield Municipal Code Chapter 12.36 (Curbs, Gutters, Sidewalks, Driveway Approaches, Connecting Pavement, and Canal Fencing). This Section provides guidance on how new and redevelopment projects are currently analyzed for improvements (Section 12.36.010) and exceptions from these provisions (Section 12.36.030).
A Nexus of Proportionality approach helps ensure that a balance between the size and scope of the development project is proportional to the need for bringing offsite curbs, gutter, sidewalks, driveway approaches, connecting pavement, and canal fencing up to City Standards. Staff’s presentation will review examples of development projects and the nexus of proportionality approach.
Following collaborative discussions between the Public Works and Develo pment Services Departments, the following amendments (shown in underline and strike -out) are outlined for deliberation by the Planning and Development Committee.
12.36.010 - Construction by Builder
A. Any owner, lessee or agent constructing or arranging for the construction of any of the following:
1. A new building;
2. Any building altered or expanded in excess of 25% of the value of such building (50% in the Core Area), as indicated by the assessed valuation;
3. Any building in which there is a change in occupancy/use that necessitates a Site Plan Review or Conditional Use Permit (i.e., new owner -occupant or new tenant) where a building permit is required;
4. Any property required to be used for off -site parking as set forth in sections 17 .58.10 through
17.58.050 within the city,
shall provide concrete, curbs, gutters, sidewalks, streetlights, driveway approaches, connecting pavement and canal fencing that is abutting City Right-of-Way in accordance with approved “City of Bakersfield Standard Drawings and Specifications” on file in the office of the director of public works and dedication of all required street rights-of-way. Compliance with the Americans with Disabilities Act is mandatory. The foregoing is applicable in all zones of the City as established By Title 17 of this code.
CONCLUSION:
Based on the foregoing, it is recommended the Planning and Development Committee deliberate on the Nexus of Proportionality concept, consider any additional amendments, and instruct Public Works staff to coordinate with the City Attorney’s Office to draft amendments to Chapter 12.36 for City Council consideration.
FISCAL IMPACT:
To be determined on a project-specific basis.
COUNCIL GOAL:
Economic Opportunity for All
ATTACHMENTS:
Core Area Map
PowerPoint Presentation