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HomeMy WebLinkAboutJoint PC Staff Report 4-20-2009 JOINT KERN COUNTY/CITY OF BAKESFIELD PLANNING COMMISSION MEETING STAFF REPORT Agenda Item 6 TO: Chairman Sprague and Members of the Kern County Planning Commission Chairman Johnson and Members of the City Planning Commission DATE: April 20, 2009 SUBJECT: REPORT ON THE METROPOLITAN BAKERFIELD GENERAL PLAN UPDATE A. 1. Introductions A. 2. Meeting Purpose and Overview Background State law requires each county and city to adopt a comprehensive, long-term general plan to guide maintaining or improving the character of existing development and guiding the location and nature of future development including provisions for adequate infrastructure and services. At the February 27, 2006 Board of Supervisors/Bakersfield City Council meeting, the County and City directed staff to pursue a joint update of the Metropolitan Bakersfield General Plan (MBGP) which encompasses a 400 square mile program area. The MBGP was last updated in 2002. Substantial changes in development patterns, community needs and community infrastructure requirements warrant the General Plan Update process. This is the second Joint Planning Commission Workshop on the General Plan Update. The Purpose of this workshop is to: • Provide a status report of the General Plan Update process • Summarize the public outreach report and existing conditions report • Share with the Commission some of the major influences shaping the direction of Planning in the Metropolitan Bakersfield area and throughout California • Discuss various scenarios for future patterns of urbanization. • Solicit public comment on the information provided • Solicit comments and direction from the Planning Commissions This is the first workshop where we will discuss substantive challenges and conceptual growth strategies to address those challenges. The commission’s input at this stage is important to staff as we refine the General Plan Update project description to be used for EIR preparation and begin drafting policies to support a strategy for growth. A. 3. Public Outreach Issues Report Summary This report summarizes the results of the public outreach efforts for both the General Plan Update and the KernCOG Blueprint project. The report contains information gathered from the four public workshops, the Vision 2020 web site, statistically valid telephone survey conducted by a consultant retained by KernCOG, and individual emails and comments received by staff. Input gained from the outreach effort was used in development of the Urban Opportunities and Reserve Map concepts to be presented at this meeting. The Final Report is completed and is posted on the City and County web sites. An executive summary of the Outreach Issues Report is included with the commissioner’s packets. The full document and appendices are contained in a CD also provided in the packets. A. 4. Existing Setting, Constraints and Opportunities Report Summary It is the intent of this Existing Setting, Constraints and Opportunities Report for the Metropolitan Bakersfield General Plan Update to highlight issues, challenges, and recommended changes to the existing General Plan that will be considered during the update. Some of these issues pose challenges that may limit options for the accommodation of future growth and development in Metropolitan Bakersfield. However, in some cases, these challenges represent an opportunity to capitalize on existing or future conditions or trends. The recommended changes contained in this Report will be used to guide the creation of new or updated updated goals, policies, and implementing actions in the Metropolitan Bakersfield General Plan Update. A copy of the Draft Report is provided with the Commissioner’s packets. A. 5.a. SB 375/AB 32/AB 170 Implications/Summary The purpose of this summary presentation is to provide an overview of efforts underway by the Kern Council of Governments (KernCOG) to implement Senate Bill 375, Steinberg, which is one of the recently approved anti-sprawl, greenhouse gas emission reduction laws that has implications on future land use and transportation policy of regional and local governments. During the past two years, the State has passed two significant bills intended to address climate change by reducing greenhouse gas (GhG) emissions. In 2006, the legislature passed AB 32 (The Global Warming Solutions Act of 2006) which requires the State to reduce GhG emissions to 1990 levels by 2020. This legislation set the stage for the recent passage of Senate Bill 375 which builds upon AB 32 by linking planning for land use, transportation, housing and jobs in ways designed to reduce GhG. The primary focus of this new law is to reduce GhG emissions by curbing sprawl and lowering vehicle miles traveled. SB 375 has three goals: 1) Use regional transportation planning and the distribution of transportation funds to help achieve a reduction in vehicle miles traveled; 2) Use CEQA streamlining as an incentive to encourage the compact location and promotion of higher density residential projects; and 3) Coordinate the regional housing needs allocation process with regional transportation planning within the context of achieving a reduction in vehicle miles traveled. Although SB 375 was quoted by the Governor as being “… the most sweeping revision of land use polices since CEQA,” and the bill’s author said the bill will be used as a framework for fighting sprawl and transforming land use patterns to smart growth, the legislation focuses on the provision of “incentives (transportation funding)” rather than “mandates” to promote local government programs and development projects intended to reduce GhG emissions. SB 375 will be implemented through Kern COG which is governed by local elected officials. Kern COG, as the regional transportation agency, is responsible for preparing the Regional Transportation Plan (RTP) which provides the basis for allocating funding for transportation projects in the County and cities. AB (Assembly Bill) 170 requires cities and counties in the San Joaquin Valley to amend appropriate elements of their general plans to include data, analysis, comprehensive goals, polices, and feasible implementation strategies to improve air quality. Specifically, the bill recommends that the following be included in the general plan: (A) Determine and mitigate project level and cumulative air quality impacts under the California Environmental Quality Act (CEQA). (B) Integrate land use plans, transportation plans, and air quality plans. (C) Plan land uses in ways that support a multimodal transportation system. (D) Local actions to support programs that reduce congestion and vehicle trips. (E) Plan land uses to minimize exposure to toxic air pollutant emissions from industrial and other sources. (F) Reduce particulate matter emissions from sources under local jurisdiction. (G) Support district and public utility programs to reduce emissions from energy consumption and area sources. A. 5.b. Attorney General Implications The State of California Department of Justice, Office of the Attorney General has made clear it’s stance on planning as it relates to sprawl, and impacts on farmland, wildlife habitat, water resources, air quality and climate change. The Attorney General’s (AG) office has commented on a significant number of general plan updates over the past two years and has met with planners and officials from numerous jurisdictions. Some of the more notable actions of the AG’s office are as follows: • April 2007 lawsuit against San Bernardino County because its updated General Plan did not properly address global warming. • September 2008 – AG’s office announces “landmark agreement” with the City of Stockton requiring the City to identify and reduce greenhouse gas emissions by encouraging downtown growth, constructing thousands of new residential units with its current city limits, developing a rapid transit bus system and requiring all new buildings to be energy efficient. This agreement settled a challenge the Sierra Club had filed against the City of Stockton’s revised General Plan. The AG’s office had threatened to join that challenge. • March 13, 2009 letter to cities and counties that are in the process of updating their general plans. Within the letter the following direction is provided: “A city or county should, if feasible, evaluate at least one alternative that would ensure that the community contributes to a lower-carbon future. Such an alternative might include one or more of the following options: o higher density development that focuses growth within existing urban area; o policies and programs to facilitate and increase biking, walking, and public transportation and reduce vehicle miles traveled; o the creation of “complete neighborhoods” where local services, schools, and parks are within walking distance of residences; o incentives for mixed-use development; o in rural communities, creation of regional service centers to reduce vehicle miles traveled; o energy efficiency and renewable energy financing o policies for preservation of agricultural and forested land serving as carbon sinks; o requirements and ordinances that mandate energy and water conservation and green building practices; and o requirements for carbon and nitrogen-efficient agricultural practices. Each local government must use its own good judgment to select the suite of measures that best serves that community.” A. 6. Urban – Opportunities and Reserve Map Based on the information obtained during the public outreach effort, the analysis of conditions in the Existing Conditions Report, and the assessment of local impacts resulting from recent legislation (particularly AB 32, SB375 and AB170), it was determined the ‘business as usual’ approach to development would be unacceptable in the future. The consultants and staff have developed a strategy for channeling the location and timing of future development within the boundaries of the Metropolitan Bakersfield General Plan. The strategy is designed to encourage more in–fill development in the core area of Metropolitan Bakersfield, protect existing agricultural land, and establishes criteria for development outside the defined core area. The Urban – Opportunities and Reserve Map depicts the development area strategy being offered for the General Plan Update. A description of the timing and location of growth areas include a 2035 Building Accommodation Area, an Urban Reserve Area, and a Future Planning Reserve Area. The phased development discussion, along with preliminary implementation strategy approaches, is included in the Land Use Element chapter of the Existing Conditions Report. CEQA Compliance The General Plan Update program will include the development of an Environmental Impact Report (EIR) that will assess the environmental effects of the proposed planning program. In order to incentivize development of infill parcels and promote more compact forms of growth, the EIR is intended to be used to exempt projects that are built in the more central 2035 planning area from further CEQA review. This will provide greater certainty in the development review process. Cumulative growth issues, climate change, air and traffic are some of the many issues that will be addressed in the EIR. 6.A. 7 & 8 Comments and questions Following staff and consultant presentations on the above issues, the meeting shall be opened for public comments followed by commission comments and direction. Staff will consider all comments. 6.A. 9. Next Steps/Schedule • Summer 2009 – Workshops on General Plan Policies • Winter 2010 – Draft General Plan and EIR • Fall 2010 – Adoption of General Plan Update and Final EIR EIR S/General Plan – 2010 Update/April 20th PC Workshop/Staff Report/3-31-09