MEMORANDUM
February 19, 2025
TO: HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE
Manpreet Kaur, Chair
Bob Smith
Larry Koman
FROM: Phillip Burns, Development Services Director
SUBJECT: Offsite Review Requirements - Nexus of Proportionality
Review proposed changes to Bakersfield Municipal Code Section 12.36.010, Construction by Builder, related to a referral on offsite improvement requirements -“Nexus of Proportionality.”
RECOMMENDATION:
Review amendments to Bakersfield Mu nicipal Code Section 12.36.010, Construction by Builder and provide direction as to any additional changes for triggering offsite improvement requirements.
BACKGROUND:
This report is a follow up to the April , 2024 committee meeting a referral regarding a Nexus of Proportionality when requiring off -site improvements. This committee reviewed staff’s report, presentation and proposed ordinance revisions. Based on the feedback provided , staff is now bringing back the suggested ordinance recommendations to simplify and make the ordinance apply City wide not just to core and non-core.
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 sewer. 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 Development Services Departments, the following amendments (shown in underline and strike-out) are outlined for deliberation by the Planning and Development Committee.
CONCLUSION:
Based on the foregoing, it is recommended the Housing and Community Development C ommittee deliberate on the Nexus of Proportionality concept, consider any additional amendments, and instruct Development Services and Public Works staff to continue coordination with the City Attorney’s Office to finalize draft amendments to Chapter 12.36 for City Council’s consideration at an upcoming meeting.
FISCAL IMPACT:
To be determined on a project-specific basis.
COUNCIL GOAL:
Economic Opportunity for All
ATTACHMENTS:
12.36.010 Construction by Builder