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Home My WebLink About12/06/2004 B A K E R S F I E L D Staff: John W. Stinson Sue Benham For: Alan Tandy, City Manager Mike Maggard AGENDA SUMMARY REPORT PLANNING AND DEVELOPMENT COMMITTEE MEETING Monday, December 6, 2004 -1:00 p.m. City Manager's Conference Room 1. ROLL CALL The meeting was called to order at 1:02 p.m. Present: Councilmembers David Couch, Chair; Sue Benham; and Mike Maggard 2. ADOPT OCTOBER 11, 2004 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee recommendation regarding Sierra Club response to voluntary plan to mitigate development project non- attainment air quality emissions to zero Planning Director Stan Grady gave an update on staff's progress, which was covered in a memorandum provided at the Committee meeting. In September, Development Services Director Jack Hardisty sent a letter to the San Joaquin Valley Air Pollution Control District (District), addressed to Mr. David Crow, seeking the District's input on the City's proposed zero emissions program. At this date, no response has been received from the District. It is imperative to have the District's participation and input on the technical aspects of the program, as the District is the responsible agency for air pollution control in the San Joaquin Valley. Also, since the last Committee meeting, the Council worked toward voluntary conditions on a project to address the position of the Sierra Club concerning air quality. Although the voluntary conditions were agreed to by the developer, the Sierra Club found it unacceptable and indicated their intent to take legal action against the projecL The City's efforts to resolve the issue with the Sierra Club have not been successful. AGENDA SUMMARY REPORT PLANNING AND DEVELOPMENT COMMITTEE MEETING Monday, December 6, 2004 Page 2 Stan Grady explained in order to keep moving forward towards a solution, staff is recommending the following: Establish a task force comprised of a representative from the Sierra Club, San Joaquin Valley Air Pollution Control District, Building Industry Association, Kern County Planning and City staff. The purpose of the task force would be to develop a zero emissions air quality mitigation program. Public Works Director Raul Rojas express as vehicles are involved, he would like Public Works staff represented on the task force. Committee Member Maggard suggested it might be useful to have someone from CELSOC serve on the task force. He also requested the Planning Director to send him an e-mail on the input/support needed from the District. Committee Chair Couch wanted it noted the Council, the Committee and staff have been working on this issue for quite some time and questioned if forming a task force would have been necessary if the District had responded and given the City criteria to work with. And secondly, if the Sierra Club had been willing to signoff on a City voluntary program to be put in place and agree if a developer would participate in the City's program, the Sierra Club would not bring legal action against the project. Gordon Nipp from the Sierra Club made comments and agreed with the need to work toward solutions to clean the air and the sooner the better. Committee Member Benham made a motion to approve staff's recommendations on forming a task force. The Committee unanimously approved the motion. Committee Member Maggard requested staff to send another letter to the Air Pollution Control Board requesting their participation. B. Discussion and Committee recommendation regarding appeals of extension of vesting rights Committee Chair Couch reported, as tasked by the Committee, he has met with Public Works staff to review the issues regarding extensions 'of vesting rights that have been referred to the Committee. As this is a very complicated issue, which he would like to review further with staff before reporting back to the Committee, he suggested continuing this issue to the next Committee meeting. The Committee unanimously agreed. AGENDA SUMMARY REPORT PLANNING AND DEVELOPMENT COMMITTEE MEETING Monday, December 6, 2004 Page 3 5. NEW BUSINESS A. Discussion and Committee recommendation regarding enforcement of parking lot shade tree ordinance Planning Director Stan Grady handed out a memorandum and gave an overview on the key points of enforcement in the ordinance pertaining to achieving the 40% shade canopy in commercial parking lots. Dana Karcher from the Tree Foundation of Kern spoke regarding the planting of bushes instead of trees in commercial parking lots and the unnecessary and incorrect pruning .of the trees in commercial parking lots as outlined in her letter to Planning Director Stan Grady on November 17th, which was included in the Committee packet. Specifically, Ms. Karcher mentioned planting bushes instead of trees at D~jb. Vu and 900 Truxtun Avenue, and overpruning of trees at Ralph's Grocery. The Planning Director explained commercial parking lots built before the ordinance was adopted requiring 40% shade canopy within 15 years are not subject to that requirement. However, they are under the ordinance requirements for tree replacement if they should take a tree out. When complaints are received and staff contacts commercial parking lot owners, they are usually very cooperative in efforts to comply. After a project is complete, the City does not have a process for going out and checking to see if site plans remain in compliance over a longer period of time. This would require a new program and staff. City Attorney Ginny Gennaro explained Section H of the landscape ordinance, referred to in Ms. Karcher's letter, could be written better. It does not state exactly when the 15 years begin but reads: "fifteen years from a master tree list approved by the planning director." Also, regarding the 40% shade canopy it reads: "requires the landscape ~plan be drawn to show the'tree canopy will have the potential to attain shading over forty percent of the total area of all parking..." and does not state it actually requires achievement of the 40% tree canopy. If those two issues are something the Committee .and Council are desirous in obtaining and enforcing, the City Attorney suggested this section should be amended. Committee Member Maggard questioned if there are only a few exceptions or if we are constantly missing the mark. If overall the ordinance is working well most of the time then he expressed he is not so concerned; however, the Committee will need to find a way for staff to address the exceptions, if not covered by the ordinance. AGENDA SUMMARY REPORT PLANNING AND DEVELOPMENT COMMITTEE MEETING Monday, December 6, 2004 Page 4 Planning Director Stan Grady will report back to the Committee on the following: · Staff will check the three sites: 900.Truxtun, Ralph's Grocery and D6jb. Vu and the landscaping plans (shrubs vs. trees) for D6j~ Vu and 900 Truxtun · Identify if there are similar sites or if these are exceptions and not the rule · Review the ordinance as it applies to businesses that prune trees in parking lots in a way not in compliance with attaining the 40% shade canopy requirement · Check to see if there is anything in the landscaping ordinance that might apply to (old sites) City Attorney Ginny Gennaro will report back to the Committee on the following: · Review what the City's ordinance covers with a bullet comparison list from other cities' ordinances · Review Section H in the Minimum Landscaping Standards ordinance with regard to amending the language The Committee requested Paul Graham, Urban Forester, be notified and attend all Committee meetings with trees issues on the agenda. Also, when this item is back on the agenda notify Alan Christensen, Jim Eggert, and Paul Graham to attend and bring the list of acceptable trees for planting. 6. COMMITTEE COMMENTS Committee Member Maggard asked about the memorandum regarding PG&E pruning and planting and if 15 gallon-sized trees to be planted under power lines are sufficient. Dana Karcher, Tree Foundation, explained the 15 gallon-size trees root better and grow faster. Staff agreed. 7. ADJOURNMENT The meeting adjourned at 2:05 p.m. AGENDA SUMMARY REPORT PLANNING AND DEVELOPMENT COMMITTEE MEETING Monday, December 6, 2004 Page 5 Attendance-staff: City Manager Alan Tandy; City Attorney Ginny Gennaro; Assistant City Manager John Stinson; Planning Director Stan Grady; Public Works Director Raul Rojas; Assistant Public Works Director Jack LaRochelle; and Public Works Civil Engineer Marian Shaw Attendance-others: Dana Kamher, Executive Director, The Tree Foundation of Kern; Gordon Nipp, Sierra Club; Dave Dmohowski, Project Design Consultants; Brian Todd, BIA of Kern County; Stephan DeBranch, Castle & Cooke; Roger Mclntosh, Mclntosh and Associates; Dianne Hardisty, Opinion, The Bakersfield Californian; Tammy Brown, KUZZ; and James Burger, reporter, The Bakersfield Californian cc: Honorable Mayor and City Councilmembers S:~JOHN\Council Committees\04Planning&Development~p&d04octl 1summary.doc