HomeMy WebLinkAbout02/15/96MINUTES OF THE REGULAR MEETING
OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Held Thursday, February 15, 1996, 5:30 p.m., City Council Chamber, City Hall, 1501
Truxtun Avenue, Bakersfield, California.
1. ROLL CALL
COMMISSIONERS:
Present:
JEFF ANDREW, Chairperson
STEPHEN BOYLE
MATHEW BRADY
KENNETH HERSH
ROBERT ORTIZ
WADE TAVORN
MICHAEL DHANENS Alternate
Absent:
ADVISORY MEMBERS: Present:
DOUG DELGADO, Vice-Chairperson
LAURA MARINO, Assistant City
Attorney
JACK LaROCHELLE, Engineer IV
JACK LEONARD, Assistant Building
Director
STAFF: Present:
STANLEY GRADY, Planning Director
JIM MOVIUS, Principal Planner
JENNIE ENG, Associate Planner
LAURIE DAVIS, Recording Secretary
PUBLIC STATEMENTS
No one made any public statements at this time.
Chairman read the notice of right to appeal as set forth on the agenda.
3. CONSENT AGENDA ITEMS
1) Agenda Item #5. - Extension of Time - Tentative Tract 5656
Motion was made by Commissioner Hersh, seconded by Commissioner Brady to
approve consent agenda. Motion carried.
Minutes, PC, 2/15/96
Page 2
4. APPROVAL OF MINUTES
Motion was made by Commissioner Brady, seconded by Commissioner Ortiz to
approve minutes of the regular meetings held January 2, and January 18, 1996.
Motion carried.
5.' PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5656
o
Approved as consent agenda item.
PUBLIC HEARING - VESTING TENTATIVE PARCEL MAP 10118
A request for continuance had been received from the applicant. Presentation of
the staff report was waived.
Motion was made by Commissioner Brady, seconded by Commissioner Boyle to
continue this item to the regular meeting of March 21, 1996.
PUBLIC HEARING - SECOND REVISED VESTING TENTATIVE TRACT
5386 (PHASED)
Staff report recommending approval was given.
Public portion of the hearing was opened; no one spoke in favor or opposition.
Roger Mclntosh represented the property owner. He requested the last sentence
in Condition #7 of Exhibit "A" be stricken with regard to a placement of a note
on the map restricting certificates of occupancy until all required improvements
have been completed by the subdivider. He stated concurrence with remaining
conditions of approval. Mr. LaRochelle stated his concurrence with requested
change to Condition #7.
Public portion of the hearing was dosed.
Responding to question by Chairman Andrew, Mr. McIntosh stated Condition
#11 requires the discrepancy with respect to the park site to be ironed out before
the map is recorded.
Motion was made by Commissioner Brady, seconded by Commissioner Hersh to
adopt resolution, to make all findings set forth in the staff report, and to approve
Proposed Second Revision of Vesting Tentative Tract 5386 subject to the
conditions outlined in Exhibit "A," with the following amendment:
Condition #7, deletion of the last sentence.
Motion carried.
.Minutes, PC, 2/15/96
8. DISCUSSION REGARDING TRANSPORTATION IMPACT FEE
Page 3
Mr. LaRochelle gave a report on this issue. He cited the implementation
measures of the 2010 Plan with respect to aiding circulation. He gave
information concerning the Omni-Means study, stating it was never intended to
be a traffic study, but was used to place a cost with a needs list. It also identified
current sources of funding. It did not establish a traffic study or a level of
service. He felt the fee program which has been in effect since 1992 was working
very well.
Responding to question by Commissioner Hersh, Ms. Shaw explained the fee of
$1,179. She gave a report of what is in place at this time and what is proposed.
She stated the fee of $1,179 covers only 50 percent of the cost of items on the
needs 1/st prepared for the transportation impact fee project. It does not include
arterials. It only includes the big items such as bridges, interchanges, grade
separations, canal culverts, canal relocations, etc. In addition to the regional fee
there is a local mitigation fee which is determined by a traffic study prepared for
all developments. The local mitigation fee is payment for a proportionate share
of improvements which are impacted by a particular development. If these items
are also on the regional list their local mitigation fee is reduced accordingly.
Developers can receive credit for improvements constructed which are also on the
facilities list. They can only receive credit up to the percentage that the fee is
based on. She said total mitigation is collected explaining some is collected at the
map stage and some is collected at the permit stage. This will only cover
developments which are covered by the general plan as it exists at this time. She
explained if there are any general plan amendments or zone changes the new fee
structure is not set up to cover these types of developments because the basis of
the fee structure is the traffic model which is based on the land uses in the
general plan. She explained the process of providing credits. The current
facilities list is based on a traffic model using a reality network developed by the
technical advisory committee which has been meeting off and on since about
1990. She explained the growth project was based on realistic historic numbers
rather than what was reflected in the 2010 Plan. It was assumed that a road
network would be in place to realistically handle all of the predicted traffic at
level of service C. The list includes arterials, bridges and grade separations,
however it does not include funding for freeways; this is covered by a State
source. Since the facilities in the list are collected at 100 percent no
supplemental funding is needed. She said a major retail requirement was put in
place by the Commission several years ago which requires an infrastructure study
for larger developments which reach a certain threshold; the new fee structure is
subordinate to that. The City Council will receive this proposal as a base fee of
$2,197 with an alternate adding some additional lane models to cover some
collectors which would change the fee to $2,218 per single family residence. This
is because problems have been experienced with some collectors which have been
Minutes, PC, 2/15/96
Page 4
caused by new development off-site which causes a gap in collectors. It was felt it
would be appropriate for the new development to pay their proportionate share
for the completion of these collectors. She gave a comparison of the existing and
proposed fees for a 100 unit subdivision, a commercial shopping center and a
general manufacturing center; copies of which she submitted to the commission.
Mr. LaRochelle clarified examples that Ms. Shaw gave included developments
which were located on arterial roads which would have the benefit of having
construction of these roads credited back to them. If there was an internal
subdivision they would still pay the higher fee and not receive credits. He
responded to Commissioner Hersh's question concerning the adequacy of the fee
saying the basis for this is that the fee coupled with ordinances to construct
arterials, local mitigation traffic studies and funding sources from the State for
major facilities made the fee as it is proposed adequate. If it were not handled in
this manner it would not meet CEQA guidelines. He said staff has aggressively
used this money to refund gas tax monies which were used to purchase freeway
right-of-way for the Kern River Freeway, construct traffic signals, fund a major
study and design for the Panama Lane interchange widening project, construct
Calloway Drive, Coffee Road grade separation, five canal bridges on the Arvin-
Edison Canal, intersection widening projects, etc.
Responding to questions by Chairman Andrew, Mr. LaRochelle indicated the
study only covers big items and not arterials because developers are already
funding these. The 2010 growth projections were much higher than reality has
shown them to be. Future general plan amendments and zone changes would
have to provide a major traffic study to show what impacts they have on the
existing system and a proportionate share may have to be paid over and above the
regional fee. The model is based on the current land use; any change in land use
would have either a negative or positive effect on the model. Ms. Shaw gave
information concerning the make-up of the technical advisory committee. Mr.
LaRochelle responded to question stating the city is looking into alternatives in
the fee program as an interim measure until the freeway is in place.
Commissioner Hersh felt this fee is "too little, too late." He stated in reviewing
the Omni-Means study he discovered a shortfall of $50 million of what is
necessary and what is proposed to be collected with the $1,179 fee. He
questioned the adequacy of the proposed impact fee.
Commissioner Hersh stated he is bothered because the committee has been
reviewing this issue for approximately 3 years and the commission has never been
represented.
Minutes, PC, 2/15/96
Page 5
Mr. Mclntosh responded to Commissioner Hersh's comments concerning his
review of the Omni-Means report stating they were using CalTrans costs from
1990 which are now lower. Costs of land; are also now much lower. He also
stated the mass transit funding picture has changed with the Federal Program of
Ice Tea. He said they looked at this issue again with today's costs anticipating a
half cent sales tax. After this time they realized the 1/2 cent sales tax would
probably not come to pass. New development does not increase the population at
the same rate as natural population growth. Discussion continued regarding the
requirements as set forth in the Omni-Means study. Mr. LaRochelle explained
how the fee was reached. He said 3/4 of the needs list cost is for freeway
construction. Responding to question by Commissioner Hersh, Mr. LaRochelle
said they have looked at comparable cities with respect to fees, stating he could
make this information available to the commission.
Commissioner Boyle felt looking at fees from other cities may not be helpful
unless they have the same needs list, dollar amount and a similar growth pattern.
Responding to question by Commissioner Boyle, Mr. LaRochelle stated this fee
program does not identify alternative forms of transportation. Ms. Shaw said the
currently proposed fee program has a transit cost identified which is included in
the fee basis. It also includes a transit cost which primarily is identified as
funding for the GET bus system. Mr. LaRochelle responded to question by
Commissioner Boyle that the first reading by the Council on this issue will be
March 6, 1996. This being a joint fee program the county must also adopt it by
the Board of Supervisors before it can become effective which they have slated
for April. 'Ms. Shaw responded to question by Mr. Boyle saying she could provide
copies of maps which would provide a visual comparison with respect to the needs
list, proposed plan and existing program. Mr. LaRochelle responded to question
by Mr. Boyle, saying commercial is paying fees also; he gave information
concerning rates which each type of commercial pays. He stated it appears that
the fee amount for commercial seems low, however the trip generation impact is
not very significant. The majority of the impact is caused by residential
development.
Mr. McIntosh said a goOd portion of residential trips are being attracted to
business. The advisory committee was concerned that the businesses and
industries not be overloaded because without jobs there will be no people buying
homes. It was agreed the residential costs would be raised slightly so that the
commercial fee could be kept at a minimum.
Mr. LaRochelle clarified for Commissioner Brady that essentially there will be no
difference in when the fee is paid; no portion of the fee being paid at time of
recordation of the tract map.
Minutes, PC, 2/15/96
Page 6
Mr. LaRochelle responded to question by Commissioner Tavorn that the city is
aggressively attacking some "hot spots" with respect to levels of service of traffic
flow, giving information concerning what is being done in specific areas.
Discussion continued between Ms. Marino and Commissioner Tavorn concerning
previous traffic problems. Ms. Marino said the impact fee cannot be used to
address problems which existed before its adoption. Mr. LaRochelle said
planning decisions with regard to circulation have been made causing problems
which the city has to live with.
Discussion continued regarding levels of service for traffic.
Commissioner Dhanens thanked staff and Mr. Mclntosh for the work they have
done on this issue. Responding to a question by him, Ms. Marino stated these
types of ordinances are not required to be reviewed by the commission. It would
be at the council's discretion that the commission review it. Mr. Hardisty
responded to question by Chairman Andrew saying this issue had come before the
Commission for previous review. He stated the new policy does not void the
facilities evaluation on a major project. This ordinance would stay in place and
would require the traffic studies for large commercial projects.
Responding to question by Commissioner Dhanens, Mr. LaRochelle said the
major retail ordinance would still exist and would require traffic studies.
Responding to request by Commissioner Dhanens, Ms. Shaw explained the
supplemental mitigation fee. The new fee would provide for this without the
need for a traffic study to be performed. She gave an estimate of $237 million for
total of fee funding needs list.
Commissioner Hersh stated he was not convinced that what is being done is
adequate. He felt the city should be sure that the new impact fee is adequate
because problems created now cannot be addressed in the future. The
community infrastructure is not adequate. He was concerned that this impact fee
was generated without a lot of public input. He stated he wanted to see a lot
more public input and outside expertise.
Commissioner Boyle stated if there have been no intersections that have degraded
from C to levels D or F since imposition of the fee, however if some have been
degrading there is an argument that the fee needs to be looked at with respect to
adequacy. Mr. LaRochelle responded to question by Commissioner Boyle saying
it has been a consideration of the city to pay a larger share of the crosstown
freeway so that it could be built sooner; however in addressing these concerns
with the State, it was indicated that the percentage would not matter with respect
to the time frame. The city cannot build a smaller road with the State turning it
into a freeway at a later date. He told the commission the city could begin
construction but must meet CalTrans standards. This proposed fee provides a
source of funding to construct this freeway.
Minutes, PC, 2/15/96
Page 7
Commissioner Brady felt if problems exist in portions of the city, the city as a
whole should pay for them and not new development. He felt if opposition
precludes a freeway along the river, future problems will arise. To avoid
problems such as with Stockdale and California Avenue the city needs to ensure
that freeways and expressways are built at this time.
9. COMMUNICATIONS
A) Written
None
B) Verbal
None
10. COMMISSION COMMENTS
Chairman Andrew stated the commission had received a letter from DeWalt
Corporation. It seems to be completely different than what the Commission was
told by the City Attorney at the last meeting. He felt perhaps there needed to be
a future item placed on the agenda in order to allow clarification, of the issues
surrounding the future development of Riverlakes Ranch. Ms. Marino stated it
was her understanding Ms. Skousen had written a response to Mr. DeWalt's letter
and felt this could be provided to the commission. She stated she would pass this
concern on to Ms. Skousen.
Responding to question by Commissioner Hersh, Mr. Grady stated he would
follow up with the code enforcement section of the Building Department
concerning possible maintenance and clean-up of oil pumping units in the
southwest area.
Commissioner Boyle stated the subdivision committee is continuing to work on
the small lot issue and related ordinances and in order to make faster progress
they have increased their meeting schedule to twice per month beginning in
March.
A. Committees
Minutes, PC, 2/15/96 Page 8
11.DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF
12.
THE NEXT PRE-MEETING.
Mr. Grady stated the meetings of March 4th and 7th would be canceled for lack
of agenda items. He stated 4 items were scheduled for the meeting of March
21st.
Commissioner Boyle stated it had been a long time since the commission has held
a pre-meeting and he would prefer that it not be canceled. He asked that the
information concerning the transportation impact fee be delivered to the
commission since the next meetings would be canceled.
Pre-meeting of March 18, 1996 was not canceled.
ADJOURNMENT
There being no further business to come before the Commission, meeting was
adjourned at 7:51 p.m.
Laurie Davis
Recording Secretary
Planning Director