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HomeMy WebLinkAbout07/09/2019 B A K E R S F I E L D Staff: Committee Members: Jacqui Kitchen, Assistant City Manager Councilmember, Bruce Freeman – Chair Councilmember, Bob Smith Councilmember, Willie Rivera Special Meeting of the Planning and Development Committee of the City Council – City of Bakersfield Tuesday, July 9, 2019 12:00 p.m. City Hall North, First Floor, Conference Room A 1600 Truxtun Avenue, Bakersfield CA 93301 A G E N D A 1. ROLL CALL 2. ADOPT MAY 21, 2019 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee Recommendation Regarding Permit Streamlining – Kitchen/Burns/Fidler B. Discussion and Committee Recommendation Regarding Design Standards for Commercial Developments –Kitchen/Kitchen 5. NEW BUSINESS A. Discussion Regarding Accessory Dwelling Units (ADUs) – Tandy/Burns 6. COMMITTEE COMMENTS 7. ADJOURNMENT   B A K E R S F I E L D Committee Members Staff: Jacqui Kitchen Councilmember, Bruce Freeman Chair Assistant City Manager Councilmember, Willie Rivera Councilmember, Bob Smith SPECIAL MEETING OF THE PLANNING AND DEVELOPMENT COMMITTEE Tuesday, May 21, 2019 12:00 p.m. City Hall North – Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301 AGENDA SUMMARY REPORT The meeting was called to order at 12:00 p.m. 1. ROLL CALL Committee members present: Councilmember, Bruce Freeman, Chair Councilmember, Willie Rivera Councilmember, Bob Smith City Staff: Alan Tandy, City Manager Chris Huot, Assistant City Managers Brianna Carrier, Administrative Analyst III Nathan Gutierrez, Management Assistant Ginny Gennaro, City Attorney Jacqui Kitchen, Development Services Director Kevin Coyle, Development Services Planning Director Mark Fick, Assistant Building Director Steve Esselman, Principal Planner Nick Fidler, Public Works Director Stuart Patteson, Assistant Public Works Director Nelson Smith, Finance Director Dianne Hoover, Recreation and Parks Director Additional Attendees: Members of the Public 2. ADOPT FEBRUARY 26, 2019 AGENDA SUMMARY REPORT The report was adopted as submitted. /S/ Jacqui Kitchen DRAFT   Planning and Development Committee May 21, 2019 Agenda Summary Report Page 2   3. PUBLIC STATEMENTS Gordon Nipp, Sierra Club, provided comments regarding concerns of cumulative impacts to the environment due to tentative tract maps. Dave Dmohwski, Executive Officer of the Home Builders Association, requested the Committee discuss permit streamlining and accessory dwelling units (ADUs) at a future meeting. Alex Balfour, Cushman & Wakefield, provided comments regarding microbreweries in the downtown area. 4. DEFERRED BUSINESS A. General Plan Update – Tandy/Kitchen Development Services Director Kitchen provided a PowerPoint presentation on the City’s current General Plan and referenced the memorandum included in the packet summarizing the upcoming Request for Proposals (RFP) process for qualified consultants to prepare a strategy and options plan for the City. Renee Nelson, Clean Water and Air Matter, inquired about public outreach to provide comments regarding the General Plan Update. Development Services Director Kitchen responded that the selected Consultant will plan for an extensive public outreach process for public comments. 5. NEW BUSINESS A. Committee Discussion and Recommendation Regarding Microbreweries – Kitchen Development Services Director Kitchen stated that at the request of Councilmember Gonzales, staff researched options to modify the current ordinance and remove the requirement that microbreweries operate with a food service; she summarized the information in a PowerPoint presentation. Director Kitchen stated that the food service component was included as a requirement of the ordinance due to policy requirements imposed by the State of California’s Department of Alcoholic Beverage Control (ABC) licensing and permitting process. Staff contacted ABC to ensure there would be no conflicts in removing the food service requirement; ABC had not responded to staff inquiries as of the time of the meeting. Committee Member Rivera requested staff continue to get a response from ABC in regards to any possible conflicts with their licensing and permitting process. He made a motion to have the requirement removed from the current ordinance and presented to the full City Council for approval on the condition that there are no conflicts with ABC. If conflicts exist, the item is to return to the Committee for further discussion. The motion was unanimously approved. B. Committee Discussion and Recommendation Regarding Tentative Tract Maps – Tandy/Kitchen Development Services Director Kitchen introduced Planning Director Coyle who provided a PowerPoint presentation summarizing the information provided in the agenda packet regarding extension of time for vesting rights of tentative tract maps. DRAFT   Planning and Development Committee May 21, 2019 Agenda Summary Report Page 3   Committee Chair Freeman stated that amending the municipal code to automatically allow for a second year extension to exercise vesting rights would be beneficial to the development community. Committee Member Rivera agreed stated he would like potential barriers removed to encourage development. Committee Member Smith agreed with Chair Freeman and Member Rivera’s comments and stated that allowing for an automatic second year extension would result in less work for staff and developers alike. Committee Chair Freeman made a motion to recommend amending municipal code BMC16.24.090 C.3 to automatically allow for a second year extension to exercise vesting rights and presented to the City Council/Planning Commission for approval. The motion was unanimously approved. 6. COMMITTEE COMMENTS Committee Members Rivera and Smith congratulated Development Services Director Kitchen on her recent promotion to Assistant City Manager. Committee Chair Freeman requested staff add commercial solar structures to be discussed at a future meeting. 7. ADJOURNMENT The meeting adjourned at 12:43 p.m.  DRAFT B A K E R S F I E L D Development Services Department Page | 1 MEMORANDUM July 9, 2019 TO: PLANNING AND DEVELOPMENT COMMITTEE Bruce Freeman, Chair Willie Rivera Bob Smith FROM: PHIL BURNS, INTERIM DEVELOPMENT SERVICES DIRECTOR SUBJECT: PERMIT STREAMLINING This item is in response to a referral made by Councilmember Freeman at the January 9, 2019 Council meeting. Background At the January 9, 2019 City Council meeting, Councilmember Freeman made a referral to the Planning and Development Committee to exploreAaA“FastATrackAProcess”AforAlandAuseAentitlementsA&ApermittingAandAtoA researchAaA“check-list”AconceptAtoAprovideAassurancesAtoAbuildersAonAtimeframeAifArequirementsAmet. At the February 26, 2019 Committee meeting, Staff provided a presentation summarizing the current permitting process and systems used by comparable cities. Staff discussed that some cities use software programs to streamline their permit processes. The committee requested staff conduct further research and meet with developers to identify additional areas of the permitting process that can be improved. On March 14, 2019, Staff met with members of the Home Builders Association of Kern County (HBA) to discuss this issue. The HBA members requested additional time to obtain input from all of their members which would be submitted to the City in memo form. On May 22, 2019, Staff received a letter from the HBA titledA“BAKERSFIELD DEVELOPMENT STREAMLINING SUMM RYAOFAFINDINGSA&ARECOMMEND TONS” (attached) Staff Analysis The HBA letter contains 22 specific questions and 8 additional comments. The questions are sorted by Department and include: Development Services - Planning (5), Development Services – Building (7), Public Works (8), Fire Department (1), and Water Resources (1). Staff desires to be as business friendly as possible and takes each of the comments very seriously. Overall the items show that staff needs to improve communication of all aspects of the development process and work on additional training for consistency. We agree with this assessment and will strive to improve beginning immediately. Upon further review of the questions, the responses are grouped as follows: Page | 2 1. We are aware and apologize for past inconveniences. We will create more concise documentation for the development processes. We are evaluating making internal changes in our process now that will need to be in place for the electronic plan check process to work in the future. This will be resolved once we move to an electronic plan check program. (3,5,7,16) 2. We will remind staff the importance of making legible comments and signing all correspondence along with forwarding all necessary documents to appropriate department. This will be resolved once we move to an electronic plan check program. (6,8) 3. We are willing to change our process to email the staff report and follow up call to the applicant that same day to discuss. (4) 4. We understand the issue, however, it is not technically possible or feasible to offer this as we are not a party to other agencies processes or regulations. (2) 5. No, it is a requirement of the City NDPES permit. (11) 6. This is a process or document is available now. We will make a better effort to provide information to the development community. (1, 17) 7. We agree and will make the change. We will work with the HBA to implement. (9,20) 8. Point well taken, we will look into additional training to address consistency. (14) 9. Yes, it is covered in BMC 14.04 City Domestic Water Service Area. More specifically BMC 14.04.230 Main Extension - Serving subdivisions, tracts, housing projects, industrial developments or organized commercial districts—Extensions including fire protection. (22) 10. We need further discussion to understand the concern. (10,12,13,15,18,19,21) Based on Staff’sAreviewAofAtheA HB ’sAquestions, it is clear that many of the topics fall within the first two categories and can be addressed through clearer communication and improvements to City processes. These improvements can be made through the implementation of an electronic plan check system which allows customers to submit and monitor permits online. The software would also increase Staff efficiency because the program streamlines the routing between Departments and allows multiple users to review permit submittals simultaneously. Secondly, it is clear that staff needs to meet with the HBA and its members to discuss several items (10,12,13,15,18,19,20,21) to fully understand some of the concern. Staff has already reached out to the HBA to start this process which will most likely take a few meetings to address. Staff has also asked HBA about setting up a bi-annual or quarterly meeting to discuss development related issue. We believe we need to be more engaged on an active basis to make sure a list of concerns of this magnitude does not occur in the future. Therefore, Staff offers the following recommendations: Recommendations: 1. Direct staff to move forward with steps necessary to implement an electronic plan check process. 2. Direct Department Staff to meet with the HBA members within 60 days to discuss the remaining topics that need further discussion. Staff has already reached out to the HBA to start this process. Page 1 B A K E R S F I E L D Development Services Department MEMORANDUM July 9, 2019 TO: PLANNING AND DEVELOPMENT COMMITTEE Bruce Freeman, Chair Willie Rivera Bob Smith FROM: PHIL BURNS, INTERIM DEVELOPMENT SERVICES DIRECTOR SUBJECT: REFERRAL NO. 826 (WARD 5) LARGE RETAIL DEVELOPMENT DESIGN STANDARDS This item is in response to a referral made by Councilmember Freeman at the April 10, 2019 Council meeting. Background In 2007, the Bakersfield Municipal Code was amended to add Design Standards for Large Retail Development to Title 17, Zoning. Additional amendments occurred in 2009, 2010, and 2018. Large retail development is defined as: “any single or combination of retail establishments and shopping centers, including movie theaters and indoor recreational uses, in a single building or in separate but abutting buildings, being on one or more parcels that is planned, developed, owned, or managed as a single unit occupying more than 50,000 square feet of gross floor area.” The standards were added out of a concern with the future design of Bakersfield’sA commercial areas, specifically with the growth of large retail developments that include big box stores. At the same time, it is important to encourage economic development. These standards help mitigate unwanted design, while encouragingAdevelopersAtoAincorporateAgoodAcommunityAarchitectureAthatAenhancesAtheAcity’sAcharacterAandA quality of life. In addition to the requirements, all landscaping projects are designed to adhere to Model Water Efficient Landscaping Ordinance (MWELO) as adopted by the state. The standards are divided into six topics, and detailed in the attached exhibit. 1. Building Design Standards 4. Central Features and Community Space Standards 2. Parking Lot Design Standards 5. Delivery/Loading and Solid Waste Operations Standards 3. Pedestrian Circulation Standards 6. Storage, Seasonal Sales, Miscellaneous Standards Page 2 Applicability The design standards apply to large retail developments throughout the city within all commercial zone districts, and all nonresidential zones where the development contains retail commercial components. In Northeast Bakersfield, the “Building Design Standards” apply to all commercial and industrial projects, regardless of size, which are subject to site plan review. Northeast Bakersfield includes all lands east of Fairfax Road (and any northern extension thereof) and north of the Union Pacific Railroad that parallels Edison Highway. Figure 1 delineates Northeast Bakersfield with the dashed line. Figure 1. Northeast Bakersfield Comparable Cities As demonstrated in Table 1, the Comparable Cities do not differentiate between small and large commercial development. However, several include a Design Review Committee to review projects . Table 1. Comparable Cities Jurisdiction Small vs. Large Commercial Dev Design Review Committee Bakersfield Yes No Fresno No No Fremont No Yes Glendale No Yes Kern County No No Lancaster No Yes Modesto No No Oxnard No Yes Ontario No Yes Pasadena No Yes San Bernardino No Yes Stockton No No Riverside No Yes Tulare No No Visalia No No Page 3 Fremont All new projects undergo ministerial design review. Emphasis on storefronts, street frontage landscaping, open space, and transit options. Glendale The review authority shall approve, approve with conditions (to ensure compatibility with surrounding development in terms of size, scale, bulk/mass, roofline orientation, setbacks, and site layout), or deny the design of the project. Lancaster Projects are reviewed for: (1) articulate walls using details such as insets, awnings, canopies, wing walls, trellises, arcades and colonnades; (2) use of multiple colors, materials, textures, and applied finishes to help break up wall massing; (3) avoidance of blank walls, but also avoidance of façade repetition; (4) providing distinctive entries and window treatments; (5) stepping down heights of structures at the edge of developments to be compatible with those in adjacent projects; (6) varying setbacks and wall alignments to soften the edge of the development. For commercial, office and employment centers, provide open space plaza areas for activity, interaction and rest. Provide seating with trees and other furniture providing shade. Decorate plaza areas with enhanced landscaping, lighting, and other ornamental amenities. Use paving materials varied in texture and color where pedestrian and vehicular areas overlap to minimize the negative impact of large expanses of asphalt. Oxnard Design review for landscape design (at least 6% of lot area) and may include features like window boxes for flower planting; awnings; theme lighting (antique light standards and lighting fixtures); urban sculpture of an appropriate scale; outdoor terraces or public plazas; fountains; outdoor seating, etc. Architectural design standards include: primary exterior building colors shall be muted with trim providing a strong contrasting accent; brick, stone and copper shall be left in their natural colors; commercial structures shall have at least 70% of the linear frontage of the first story in glazing; visible roofs shall be clay tile, concrete tile, slate or dimensional shingles consistent with the building's architectural style. New multi-family residential structures shall be designed with a courtyard open to the street. Ontario Architectural design for their historic retail district and downtown urban design district, with a focus on facades, materials, color, awnings, doors, lighting, and signage Pasadena Landscaping, parking and loading, site planning and design will be addressed by the Commission San Bernardino The Development Review Committee will review projects to ensure they provide a desirable environment, won’tAinterfereAwithAuseAorAenjoymentAofAneighboringAexistingAorAfutureAdevelopment,AandAarchitecturalAdesign is compatible and harmonious with the surrounding neighborhood. Riverside The Development Review Committee (heads of each department) look for items like public utilities, street trees, waste, right of way, drive approaches/aisles, parking stalls, lighting, floor plans, roof plans, elevations, signs, landscape etc. Page 4 Examples Table 2 is a sample list of projects that have undergone design standard review in Bakersfield. Table 2. Large Retail Development Standards Center Name Location Description Acres Eagle Oaks Center 12800 Stockdale Highway 93,020 SF commercial 14 Artisan Square 1201 Allen Road 125,000 SF retail center 15 Bakersfield Commons Coffee Road & Brimhall Road 231,360 SF lifestyle retail center 35 Mustang Square 3300 Buena Vista Road 79,975 SF shopping center 11 Riverlakes Galleria Calloway Drive & Olive Drive 149,729 SF shopping center 22 Silver Creek Plaza 6501 Panama Lane 137,609 SF of retail space 20 Shops at River Walk 11200 Stockdale Highway 500,000 SF retail/office center 48 Panama Grove 6501 Gosford Road 334,202 SF retail center 32 (Wal-Mart Center) Between Mall View Rd and Bernard St 250,000 SF shopping center 23 Consideration Applying the large retail development standards to all commercial projects may be counter-productive in enticing smaller businesses to develop within the City. dditionally,AthisAalsoAincreasesAstaff’sAreviewAtime,A when staff is focused on trying to expedite projects. The following are offered as options to consider: 1. Site acreage - Commercial development on ten (10) or more gross acres, requires compliance with large retail development standards. 2. Number of Buildings - Commercial development consisting of three (3) or more buildings, regardless of size, requires compliance with large retail development standards. 3. Building Size - Commercial development where any single building is larger than 20,000 square feet, requires compliance with large retail development standards. 4. Total Building Size - Commercial development where there is a combined total of 25,000 - 50,000 square feet, requires compliance with special review standards (modified large retail development standards). Next Steps Your Committee can direct Staff to: 1. Bring back to the Planning & Development Committee for additional discussion. or 2. Draft Ordinance changes, as directed by your Committee, and bring to City Council. Page 5 EXHIBIT A (Section 17.08.140 - Large Retail Development Design Standards) 1. Building Design Standards a. Exterior building walls and facades over 100’ in length shall incorporate wall plane projections or recesses with a depth of at least 3% of the length of the facade and extending along at least 20% of the length of the facade. No facade shall have an uninterrupted length of flat wall that exceeds 100 horizontal feet. Facades that face public streets shall include arcades, display windows, entry areas, or other such permanent features along no less than 60% of their horizontal length. b. All building facades must include no less than three of the following elements. At least one of the first three elements listed below, shall occur horizontally. All elements shall occur at intervals of no more than 30’, either horizontally or vertically.  Color change;  Texture change;  Material change;  An expression of architectural or structural bays through a change in plane no less than 12” in width, such as an offset, reveal or projecting rib, or other architecturally appropriate feature. c. Where large retail developments contain smaller additional, separately owned stores that occupy less than 25,000 square feet of gross floor area with separate, exterior customer entrances, the street level facade of such stores shall be transparent between the height of 3’ and 8’ above the walkway grade for no less than 60% of the horizontal length of the building of such additional stores. Windows shall be recessed and include visually prominent sills, shutters, or other such forms of framing. d. In multiple building developments, each individual building shall include prominent architectural characteristics shared by all buildings in the center so that the development forms a cohesive sense of place. e. Rooflines shall be varied with a change in height every 100 linear feet of the building length. Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view. Alternating lengths and designs of the roofline are acceptable. If parapets are used, they shall not at any point exceed 1/3 of the height of the supporting wall. All parapets shall feature three-dimensional cornice treatment. f. Exterior building materials shall be high quality materials, including, but not limited to, brick, sandstone, and other native stone, manufactured stone (realistic), wood, glass, decorative metal elements, and tinted/textured concrete masonry units, including stucco and synthetic stucco-type materials.  For projects in Northeast Bakersfield, building materials consisting of river rock, native stone, cobblestone, ledge stone, rough-sawn timbers, and logs, either as a single element or combination thereof, shall be used as the predominate theme throughout the project area. g. Primary facade colors shall be low reflectance, subtle colors over primary, bold or dramatic colors. The use of reflective metallic or fluorescent colors is discouraged. However, building trim and accent areas may feature brighter colors, including primary colors. Paint applied over brick, stone and concrete is prohibited.  For projects in Northeast Bakersfield, the predominate color palette shall consist of earth and natural toned colors that blend with the surrounding area. A variety of these colors is encouraged to allow individuality but maintain a cohesive sense of place for the entire center. Page 6 h. Finished exterior building materials shall not include smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels. i. Entry Ways. 1) At least two sides of a large retail development shall feature customer entrances. The two required sides shall be those planned to have the highest level of public pedestrian activity. One of the sides shall be that which most directly faces a primary public or private street with pedestrian access. The other may face a second street with pedestrian access or the main parking lot area if there is no second street. All entrances shall be architecturally prominent and clearly visible from the abutting public street. 2) Public entrances must include architectural elements that emphasize the entry. Each large retail development on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following:  Canopies or porticos;  Overhangs;  Recesses/projections;  Arcades;  Raised corniced parapets over the door;  Peaked roof forms or towers;  Arches;  Plazas or outdoor patios;  Display windows;  Fountains or other water features;  Architectural details such as tile work and moldings that are integrated into the building structure and design;  Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. j. Weather protection elements shall be provided at all public entrances. 2. Parking Lot Design Standards a. No more than 60% of the off-street parking area for the entire area of land devoted to the large retail development shall be located between the front facade of the large retail development and the abutting streets unless the parking lots are screened from view by other freestanding pad buildings, or landscaping with trees and incorporating berms, retaining walls, hedges, or combination thereof at least 4’ high, plazas, water elements, or other such features that diminish the visual impression of a mass parking lot from the public rights-of-way. Option 2 shall include the planting of shrubs between the wall and the sidewalk. b. Parking lots shall be divided into sections of 200 spaces or less with internal pedestrian walkways, buildings or landscaped open areas. c. Areas for bicycle parking shall be provided throughout the center and shall not interfere with pedestrian walkways. d. If shopping carts are to be provided, cart corrals shall be installed and generally distributed across parking area. Page 7 3. Pedestrian Circulation Standards a. Meandering sidewalks at least 6’ in width shall be provided along all sides of the large retail development that abuts a public street. b. Continuous internal pedestrian walkways, no less than 6’ in width, shall be provided from a public sidewalk or right-of-way to the principal customer entrances of all large retail developments on the site, including all freestanding pad buildings. Pedestrian walkways shall link all buildings in the development. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials for no less than 50% of the length of the walkway. Use of decorative arbors, freestanding arcades or other weather protection structures is permitted. c. Sidewalks, no less than 6’ in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least 6’ from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade. d. All internal pedestrian walkways shall be clearly distinguished from driving surfaces using durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. e. Parked vehicles shall not overhang into any pedestrian walkways. f. Pedestrian access to adjacent residential neighborhoods shall be provided where local streets abut the project. This access shall connect directly to focal points in the project such as, but not limited to, community/public spaces, main building or store entries, or transit stops without traversing through loading areas, buildings rears, etc. These pedestrian walkways shall be clearly distinguished from driving surfaces using durable, low maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. 4. Central Features and Community Space Standards Each retail establishment subject to the standards in this section shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following:  Pedestrian plaza or patio with seating;  Transportation/transit center;  Covered window shopping walkway along at least 75% of primary building;  Outdoor playground area;  Water feature;  Clock tower;  Any other such deliberately shaped area and/or focal feature or amenity that enhances the community and public spaces of the center. 5. Delivery/Loading and Solid Waste Operations Standards a. No delivery, loading, trash removal or compaction, or other such operations shall be within 30’ of any properties zoned or developed with residential uses. Page 8 b. In addition to compliance with the Noise Level Performance Standards Table in the Noise Element of the Metropolitan General Plan for exterior daytime/nighttime exterior noise levels, other than trash removal by the city or its contractors, all loading, unloading, delivery, private refuse collection and related operations shall not be permitted between the hours of 10:00 p.m. and 7:00 a.m. adjacent to any land zoned or developed with residential uses. These activities may occur if the developer submits evidence to the city that sound mitigation will reduce the noise generated by such operations to less than 3 dBA above the measured background noise level at the same period for any three continuous minutes in any hour during the operation as measured at the property line adjacent to said residential lands. Evidence of compliance must include background data (without the subject equipment operating) at said property line for the subject period, modeling results or test data from the proposed equipment, or noise data gathered from a similar location if approved by the city. c. Loading docks shall include separate walls for noise attenuation adjacent to residential areas and be screened with landscaping (evergreen trees 20’ on center) so the loading docks are not visible from residential areas or public streets. d. Trash pickup areas shall not be visible from public streets unless the enclosure areas are architecturally designed matching the design of the center. 6. Storage, Seasonal Sales, Miscellaneous Standards a. Storage of materials and merchandise is prohibited unless screened with in accordance with this title, including use of landscaping. Vending equipment and shopping cart storage areas must be screened from public view and not impede pedestrian ways. b. Seasonal sales of merchandise shall not be permitted in any required parking area but shall be within a screened area dedicated for such use. c. Truck trailers shall not remain on the site for more than 48 hours (loading and unloading only). Truck or trailer storage, or use of trailers for product storage is prohibited. d. Metal storage containers and any other portable storage containers for permanent or temporary use, except for construction and/or remodeling purposes, are prohibited. Page 1 B A K E R S F I E L D Development Services Department MEMORANDUM July 9, 2019 TO: PLANNING AND DEVELOPMENT COMMITTEE Bruce Freeman, Chair Willie Rivera Bob Smith FROM: PHIL BURNS, INTERIM DEVELOPMENT SERVICES DIRECTOR SUBJECT: REFERRAL NO. 817 (WARD 4) ACCESSORY DWELLING UNITS This item is in response to a referral made by Councilmember Smith at the September 5, 2018 Council meeting. Background While the concept of Accessory Dwelling Units (ADUs) may not be new, it was not until 2016 that state law started changing to encourage the construction of ADUs to alleviate the housing crisis in parts of the state. Under State law, an ADU is defined as: “anAattachedAorAaAdetachedAresidentialAdwellingAunitAwhichAprovidesAcompleteAindependentAlivingAfacilitiesA for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.”AA(Cal. Govt. Code § 65852.2) ADUs are more common in urban areas where affordable housing is extremely limited. Typically, ADUs consist of garage conversions, additions to existing homes, or options for newly constructed homes that are marketed as mother in law quarters or casitas. Under State law, ADUs are subject to the following regulations:  Total area of floor space shall not exceed 1,200 square feet.  Lot must be zoned single-family or multifamily and include a proposed or existing single-family dwelling.  ADUs may be rented separate from the primary residence but may not be sold separate from the primary residence. State law allows local jurisdictions to enact ordinances to impose additional standards on ADUs including, but not limited to, owner occupancy, size, and parking requirements. ToAdate,AtheACityAofABakersfieldA(“City”)AhasA not adopted any separate ordinances related to ADUs. Page 2 Fees The law provides that: “FeesAchargedAforAtheAconstructionAofAaccessoryAdwellingAunitsAshallAbeAdeterminedAinAaccordanceAwithA ChapterA5A(commencingAwithASectionA66000)AandAChapterA7A(commencingAwithASectionA66012)”.AA Chapter 5 (Sections 66000-66008) and Chapter 7 (66012-66014) are part of the Mitigation Fee Act, which establishes the procedure for a local agency to levy fees for construction or improvement of public facilities on approval of development projects. Among other requirements, the local agency must determine that there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. An important element in the Mitigation Fee Act is that fees must be set proportionally to ensure that everyone pays their fair share for corresponding impacts to the system. The City has adopted various ordinances and resolutions establishing the formulas for certain types of fees that comply with the Mitigation Fee Act by determining the impacts of the new development on the City’sA infrastructure. Two examples include Traffic Impact Fees and Sewer Connection Fees. In terms of ADUs, even though they may be smaller in size than single family residences, ADUs may be rented in the same fashion as a duplex or apartment unit. Since these larger ADUs are more marketable as rental units, the potential for increasedAimpactsAtoACity’sAinfrastructureAisAarguablyAgreaterAthanAaAstandardAsingleAfamilyAhomeAwithAaA traditional mother-in-law unit, and more similar to the impacts caused by a multi-family residence. Accordingly, staff diligently researched options to create a reasonable fee schedule for ADUs that are more consistent with the associated impacts. This resulted in fees being set at the multifamily, or reduced, rate. Such an approach complies with the current law on ADUs and guidance provided by the California Department of Housing and Community Development. It should be noted that if the ADU is 500 square feet or less and does not include a full kitchen or laundry facilities, it is considered a Junior ADU under state law and not subject to fees. Fee Description Single-family Home (3000 SF SW Bakersfield) Duplex (two 960 SF units in R-2) ADU (Built within existing residence) Traffic Impact Fees $12,870.00 $12,426.00 $6,213.00 Sewer Connection Fees $4,400.00 $6,336.00 $0.00 Park Development Fee – SW $2,095.00 $4,190.00 $2,095.00 Site Plan Review 0 687 $687.00 Subtotal $19,365.00 $23,639.00 $8,995.00 CBSC - BSA SPEC REV $17.00 $17.00 FIRE SPRINKLER PLAN CHECK $144.00 $144.00 $0.00 FIRE SPRINKLER INSPECTION $144.00 $144.00 $0.00 GENERAL PLAN MAINT FEE $142.00 $142.00 $0.00 SMI FEE - RES $55.06 $27.53 $0.00 PLAN CHECK FEES $923.59 $465.70 $96.59 Grading/Building/Fire Permits $1,084.28 $546.73 $269.33 Base Fee Subtotal $2,509.93 $1,486.96 $365.92 Grand Total $21,874.93 $25,125.96 $9,360.92 Page 3 While the State is encouraging the development of ADUs, incentivizing ADUs by reducing fees could lead toward some unintended consequences. Traffic and Parking: Increasing the number of families living in a single family neighborhood may increase the trips per day to the neighborhood, which could impact the traffic in and around the neighborhood in ways that were not studied when the tract map was approved and conditioned. The additional families may also result in more cars being parked in neighborhoods, and if the ADU is a garage conversion, more cars will end up parking on the street. Residential Character of Neighborhoods: Incentivizing the construction of ADUs in traditional single-family neighborhoods could result in the neighborhood taking on more of a multi-family feel. Existing residents that moved into a particular development expecting to live in a single-family neighborhood, could be upset if their neighbors construct ADUs and rent the house, ADU, or both to new families. It is true that the State law mentions that ADUs do not increase density for the purpose of zoning consistency, but the people actually living in the area will still feel the effects of the increased density. Residential Care Facilities: Residential Care Facilities are single family residences that provide treatment to individuals for a number of different reasons. These facilities may be licensed by the state, and if there are 6 or less individuals in one dwelling, they are permitted by right. This situation leads to many complaints from residents that live near these facilities. ADUs could increase the number of people living or working at Residential Care Facilities by allowing more staff to live in an ADU. Sewer System Infrastructure DUsAmayAalsoAhaveAanAimpactAtoAtheACity’sAsewerAsystemAinfrastructure,AasAtheAsystemsAwereAdesignedAforA single family equivalent dwelling units. The addition of ADUs could increase the demand on the sewer system because there would be more connections to the system. The City is currently having issues with the current sizing of the sewer infrastructure in the area near West Ming, so incentivizing the construction of ADUs could adversely impact the system while not contributing to the cost to develop and maintain the system. Additionally, failureAtoAchargeAappropriateAfeesAforA DU’sAimpactsAonAinfrastructureAmayAresultAinAotherA residents paying more than their proportionate share as a subsidy for the impacts caused by ADUs, and thus expose the City to litigation if fees are waived. California State Legislature Currently, there are three Bills being considered and are summarized below: Assembly Bill 68 (last amended June 12, 2019; next Committee hearing date July 3, 2019)  No minimum lot size for ADUs  Ministerially approved within 60 days rather than 120 Assembly Bill 881 (last amended April 11, 2019; next Committee hearing date July 3, 2019)  Cannot require owner occupancy  Cannot impose parking standards if within 1/2 mile of public transit Senate Bill 13 (last amended June 24, 2019; next Committee hearing date July 10, 2019)  Cannot require replacement parking spot for garage conversion  Cannot require owner occupancy Page 4  Ministerially approved within 60 days rather than 120  An accessory dwelling unit less than 750 square feet will be charged zero impact fees  An accessory dwelling unit 750 or more square feet shall be charged 25 percent of the impact fees otherwise charged for a new single-family dwelling on the same lot Next Steps Your Committee can direct Staff to: 1. Bring back to the Planning & Development Committee for additional discussion. This would allow time for Staff to ensure that any potential conflicts with pending Assembly/State Bills are resolved. If the Bills are not passed by September 13, 2019, then they remain in Committee. or 2. Draft Ordinance changes, as directed by your Committee, and bring to City Council. Documents Presented At The Planning & Development Committe, July 9, 2019 Meeting City Council Referral (Ward 5) City Council Committee Meeting Planning & Development July 9, 2019 1 2 CITY COUNCIL REFERRAL January 9, 2019 Referral from Councilmember Freeman: RequestAthatAtheAPlanningAandADevelopmentACommitteeAAexploreAaA“FastA TrackAProcess”AforAlandAuseAentitlementsA&ApermittingAandAtoAresearchAaA “check-list”AconceptAtoAprovideAassurancesAtoAbuildersAonAtimeframesAifA requirements met.. 3 BACKGROUND February 26, 2019 Committee meeting Staff provided a presentation summarizing the current permitting process and systems used by comparable cities. Staff discussed that some cities use software programs to streamline their permit processes. The committee requested staff conduct further research and meet with developers to identify additional areas of the permitting process that can be improved. 4 BACKGROUND CONT. March 14, 2019 Staff met with HBA Members The HBA members requested additional time to obtain input from all of their members which would be submitted to the City in memo form. May 22, 2019 - Staff received a letter from the HBA titled “B KERSFIELD DEVELOPMENT STREAMLINING SUMMARY OF FINDINGS & RECOMMEND TONS” 5 CONCERNS FROM HBA MEMBERS 6 AREAS OF IMPROVEMENT COMMUNICATION Clear documentation of development processes. Easy to find standards, codes, etc. On going dialogue to improve customer experience. TRAINING Staff turn over has been high, departments to review internally to ensure consistency of reviews. Emphasize necessity of clear and concise compliance review for all plan reviews. REVIEW OF PROCESSES Includes: routing, overlap where multiple departments involved, etc. 7 RECOMENDATIONS 1. Direct Staff to move forward with steps necessary to implement an electronic plan check process. 2. Direct Department Staff to meet with the HBA members within 60 days to discuss the remaining topics that need further discussion. City Council Referral (Ward 5) City Council Committee Meeting Planning & Development July 9, 2019 1 2 CITY COUNCIL REFERRAL April 10, 2019 Referral from Councilmember Freeman: Request that the Planning and Development Committee consider applying large retail development standards to all commercial development within the City. 3 DEFINITION Large Retail Development “any single or combination of retail establishments and shopping centers, including movie theaters and indoor recreational uses, in a single building or in separate but abutting buildings, being on one or more parcels that is planned, developed, owned, or managed as a single unit occupying more than 50,000 square feet of gross floor area.” Applies to large retail developments within all commercial zone districts throughout the city, and all nonresidential zones where the development contains retail commercial components. 4 DESIGN STANDARDS Standards  Building Design o Example: Include at least 3 of the following: portico, overhang, recess/projection, arcade, parapet over the door, peaked roof forms, arches, outdoor patio, display window, water feature, architectural detail, incorporated landscape areas Parking Lot Design o Example: Bicycle parking shall be provided throughout the center Pedestrian Circulation o Example: Meandering sidewalks at least 6’ in width shall be provided along public streets. 5 DESIGN STANDARDS Standards Central Features and Community Space o Example: Include at least 2 of the following: pedestrian plaza, transportation center, covered window shopping walkway along 75% of the building, outdoor playground, water feature, clock tower, and any other deliberately shaped area and/or focal feature Delivery/Loading and Solid Waste Operations o Example: No delivery, loading, trash removal or compaction, or other such operations, shall be permitted within 30 feet of any properties zoned or developed with residential uses. Storage, Seasonal Sales, Miscellaneous o Example: Metal storage containers, except for construction and/or remodeling purposes, are prohibited 6 COMPARABLE CITIES Jurisdiction Small vs. Large Commercial Dev Design Review Committee Bakersfield Yes No Fresno No No Fremont No Yes Glendale No Yes Kern County No No Lancaster No Yes Modesto No No Oxnard No Yes Ontario No Yes Pasadena No Yes San Bernardino No Yes Stockton No No Riverside No Yes Tulare No No Visalia No No 7 LARGE RETAIL - BAKERSFIELD Center Name Location Description Acres Eagle Oaks Center 12800 Stockdale Highway 93,020 SF commercial 14 Artisan Square 1201 Allen Road 125,000 SF retail center 15 Bakersfield Commons Coffee Road & Brimhall Road 231,360 SF lifestyle retail center 35 Mustang Square 3300 Buena Vista Road 79,975 SF shopping center 11 Riverlakes Galleria Calloway Drive & Olive Drive 149,729 SF shopping center 22 Silver Creek Plaza 6501 Panama Lane 137,609 SF of retail space 20 Shops at River Walk 11200 Stockdale Highway 500,000 SF retail/office center 48 Panama Grove 6501 Gosford Road 334,202 SF retail center 32 (Wal-Mart Center) Between Mall View Rd and Bernard St 250,000 SF shopping center 23 8 CONSIDERATIONS Apply to all commercial projects Could be counter-productive in enticing smaller businesses to develop within the City o Increased construction costs o Depending on parcel size, lots may become unbuildable Increased staff review time, when staff is focused on expediting projects 9 CONSIDERATIONS Apply to certain commercial projects: Site acreage - Commercial development on ten (10) or more gross acres, requires compliance with large retail development standards. Number of Buildings - Commercial development consisting of three (3) or more buildings, regardless of size, requires compliance with large retail development standards. Building Size - Commercial development where any single building is larger than 20,000 square feet, requires compliance with large retail development standards. Total Building Size - Commercial development where there is a combined total of 25,000 - 50,000 square feet, requires compliance with special review standards (modified large retail development standards). 10 NEXT STEPS Option 1 Bring back to the Planning & Development Committee for additional discussion. Option 2 Draft Ordinance changes, as directed by your Committee, and bring to City Council. City Council Referral (Ward 4) City Council Committee Meeting Planning & Development July 9, 2019 1 2 CITY COUNCIL REFERRAL September 5, 2018 Referral from Councilmember Smith: Request that the Planning and Development Committee discuss accessory dwelling units (ADUs) at one of the regularly scheduled meetings. 3 DEFINITION California Government Code § 65852.2 “an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.” 4 BACKGROUND ADU Locations Common in urban areas where affordable housing is extremely limited. ADU Construction Typically consist of garage conversions, additions to existing homes, or options for newly constructed homes that are marketed as mother in law quarters or casitas. Under State law, subject to: Total area of floor space shall not exceed 1,200 square feet. Lot must be zoned single-family or multifamily and include a proposed or existing single-family dwelling. ADUs may be rented separate from the primary residence but may not be sold separate from the primary residence. 5 FEES State Law “Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012)”. Chapter 5 and Chapter 7 are part of the Mitigation Fee Act, which establishes the procedure for a local agency to levy fees for construction or improvement of public facilities on approval of development projects. City Standards The City has adopted various ordinances and resolutions establishing the formulas for certain types of fees that comply with the Mitigation Fee Act by determining the impacts of the new development on the City’s infrastructure. Traffic Impact Fees and Sewer Connection Fees 6 FEES Fee Description Single-family Home (3000 SF SW Bakersfield) Duplex (two 960 SF units in R-2) ADU (Built within existing residence) Traffic Impact Fees $12,870.00 $12,426.00 $6,213.00 Sewer Connection Fees $4,400.00 $6,336.00 $0.00 Park Development Fee – SW $2,095.00 $4,190.00 $2,095.00 Site Plan Review 0 687 $687.00 Subtotal $19,365.00 $23,639.00 $8,995.00 CBSC - BSA SPEC REV $17.00 $17.00 FIRE SPRINKLER PLAN CHECK $144.00 $144.00 $0.00 FIRE SPRINKLER INSPECTION $144.00 $144.00 $0.00 GENERAL PLAN MAINT FEE $142.00 $142.00 $0.00 SMI FEE - RES $55.06 $27.53 $0.00 PLAN CHECK FEES $923.59 $465.70 $96.59 Grading/Building/Fire Permits $1,084.28 $546.73 $269.33 Base Fee Subtotal $2,509.93 $1,486.96 $365.92 Grand Total $21,874.93 $25,125.96 $9,360.92 7 FEES Incentivizing ADUs by reducing fees may lead to: Traffic and Parking - may increase the trips per day to the neighborhood; if a garage conversion, may have more cars parking on the street. Residential Character of Neighborhoods - could result in the neighborhood taking on more of a multi-family feel. Sewer System Infrastructure - may have an impact to the City’s sewer system infrastructure, as the systems were designed for single-family Incentivizing ADUs by eliminating fees may result in: Other residents paying more than their proportionate share as a subsidy for the impacts caused by ADUs. Expose City to litigation. 8 CA STATE LEGISLATURE AB 68 No minimum lot size for ADUs Ministerially approved within 60 days rather than 120 AB 881 Cannot require owner occupancy Cannot impose parking standards if within 1/2 mile of public transit SB 13 Cannot require replacement parking spot for garage conversion Cannot require owner occupancy Ministerially approved within 60 days rather than 120 ADU < 750 square feet will be charged zero impact fees ADU ≥ 750 square feet shall be charged 25% of the impact fees otherwise charged for a new single-family dwelling on the same lot 9 NEXT STEPS Option 1 Bring back to the Planning & Development Committee for additional discussion. This would allow time for Staff to ensure any potential conflicts with pending Assembly/State Bills are resolved. If the Bills are not passed by September 13, 2019, then they remain in Committee. Option 2 Draft Ordinance changes, as directed by your Committee, and bring to City Council.