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HomeMy WebLinkAbout04/26/2004 B A K"...'.E R S F I E L :'D Couc,.,. Alan Tandy, City Manager Sue Benham Staff: John W. Stinson Mike Maggard AGENDA SUMMARY REPORT SPECIAL MEETING PLANNING AND DEVELOPMENT COMMITTEE Monday, April 26, 2004, 1:00 p.m. City Manager's Conference Room 1. ROLL CALL The meeting was called to order at 1:05 p.m. Present: Councilmembers David Couch, Chair; and Mike Maggard Councilmember Sue Benham arrived at 1:15 p.m. 2. ADOPT FEBRUARY 2, 2004 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee recommendations regarding additional review of issues related to the General Plan Update and EIR a. photovoltaic panels Development Services Director Jack Hardisty explained that during the General Plan Update hearings there was a proposal the City should encourage the use of solar photovoltaic panels. The technology has advanced and its use is becoming more feasible. As part of a settlement agreement with the Sierra Club, the use of solar panels is being imposed on a couple of subdivisions and is being incorporated into the first model home and offered by the developer as an option. Arthur Unger, Sierra Club, spoke in favor of the City encouraging the use of solar panels in developments. Brian Todd, Building Industry of Kern County, spoke regarding homes being more energy efficient now and the use of solar panels being a good idea, but spoke against mandating the use of solar panels as the extra cost would be paid by the homebuyer, which would price some homebuyers out of the market. AGENDA SUMMARY REPORT PLANNING AND DEVELOPMENT COMMITTEE MEETING Monday, April 26, 2004 Page 2 Mary Jane Wilson, WZI Inc., spoke in favor of solar panel use, but explained the use of solar panels does very little to clean the air in Bakersfield as it would not cut the amount of energy being produced here and exported to other areas in the state. Committee Chair Couch indicated he is interested in further exploring the use of solar panels and will be sharing printed information with Committee Member Maggard. He also requested that staff work with the BIA and see if language can be developed to promote the use of photovoltaic panels. b. bus turnouts City Attorney Ginny Gennaro reported back to the Committee on constructing bus turnouts in future developments and the risks of buses merging into traffic from public transit "turnouts" instead of stopping in the right lane. Although Golden Empire Transit (GET) does not approve of bus turnouts due to increased liability risks, the Council may make it a City policy that bus turnouts be included in the planning process. Depending upon where the City decided to put the bus turnouts, as long as it is reasonable, the City would still be able to use the design immunity defense. GET is not required by law to use the turnouts. Assistant Public Works Director Jack LaRochelle spoke in favor of having bu~ turnouts especially on arterial roads; however, GET has been reluctant to commit to locations for bus turnouts because their routes change due to ridership. Development Services Director Jack Hardisty explained it would be possible to integrate transit as part of the planning for project developments from a traffic mitigation position and identify bus turnouts to modify traffic congestion for developments that generate high volumes of bus usage. Committee Chair Couch, using suggested wording from the City Attorney, made a motion the Committee would like staff to pay particular attention when the environmental review on traffic is conducted for a project to ascertain if bus turnouts would be a mitigating condition and if so, request input from GET and implement the bus turnouts. The Committee unanimously approved the motion. c. cell phone towers DevelOpment Services Director Jack Hardisty reported this issue is being reviewed due to concerns of Councilmembers regarding unsightly communication towers being established and the impacts to neighborhoods. Staff gave a report on the aesthetic value of using camouflage towers to conceal the metal structures, such as fake trees, clock or water towers. Lorraine Unger, Sierra Club, spoke regarding her opposition to towers being put in neighborhoods that are not concealed and in support of the City adopting an ordinance similar to the County's. AGENDA SUMMARY REPORT PLANNING AND DEVELOPMENT COMMITTEE MEETING Monday, April 26, 2004 Page 3 The Committee reviewed the issue of cell tower camouflage and spacing. It was determined adoption of an ordinance regulating the appearance of cell towers would be consistent with the County's treatment of towers, be in compliance with federal law and be an improvement for the City. The Committee requested staff to draft an ordinance for consideration. B. Review and Committee recommendation regarding air quality mitigation fees At its last meeting, the Committee requested staff to report back on a list of pollution reduction projects and associated costs a developer could choose from to mitigate a development project's non-attainment emissions to zero, as a way to address the Sierra Club's concern over air pollution resulting from subdivisions. Development Services Director Jack Hardisty provided an overview of the type and cost of pollution mitigation measures that would qualify to off-set pollution, such as traffic signal coordination, intersection improvements/traffic signals, and converting diesel engines to cleaner burning fuel. Staff recommended starting with voluntary participation in a mitigation program. Developers could choose to work with the City to include mitigation measures to reduce the project's air pollution impacts to zero as a part of the application for approval to develop. This voluntary program would focus more on reducing air emissions, instead of collecting a fee. Committee Chair Couch expressed he would like to get started working on air pollution mitigation to get out of the cycle of having a lawsuit filed against every new proposed development. A voluntary program could be implemented and be more immediately available and also provide an opportunity to see if the Sierra Club will be agreeable to this approach, before proceeding with a more formalized program. It was noted there is a need to closely coordinate with the Air Pollution Control District so if the voluntary program is a huge success, whatever the City does is complementary to the District's requirements. ~ Committee Member Maggard stated it would be important to include in the application process that the volunteer program would end if the San Joaquin Valley Air Pollution Control District puts in place a mandate that changes the economics of the volunteer program. City Attorney Ginny Gennaro concurred. Committee Member Maggard made a motion to send a Report to the City Council outlining the implementation of a voluntary air pollution mitigation program for the Council's approval. The Committee unanimously approved the motion and directed staff to prepare a Report to the City Council. AGENDA SUMMARY REPORT PLANNING AND DEVELOPMENT COMMITTEE MEETING Monday, April 26, 2004 Page 4 5. NEW BUSINESS A. Discussion and Committee recommendation regarding request by North Bakersfield Recreation and Park District to change zoning of parks within the District from OS (Open Space) to RE (Recreation) - (This item heard first.) Development Services Director Jack Hardisty gave a brief overview of the uses permitted in the RE (Recreation) and OS (Open Space) zones. The North Bakersfield Recreation and Park District (NBRPD) has requested the CitY consider zoning their parks RE instead of OS. OS zoning requires going through the conditional use permit process. The CitY has gone through the conditional permit use process for its fire stations, water wells, the aquatic center and ice facilitY. The CountY does not have a specific zone for parks but approves them through the conditional use permit process. Due to the intense uses in the NBRPD parks in the northwest located near homes, staff did not recommend changing the NBRPD park zoning from OS to RE. Dave McArthur, North Bakersfield Recreation and Parks District (NBRPD), explained that NBRPD always gets public input on all proposed NBRPD facilities. He spoke in support of changing NBRPD park zoning to RE and expressed that as communitY parks are in their master plan, NBRPD should not be required to go through the conditional use permit process, as this process allows the Board of Zoning the abilitY to make changes or apply conditions, which may add to the cost of the park. Committee Member Maggard expressed concern this change of zoning may also preclude the Council from the abilitY to effect a change to something being constructed in the CitY for constituents to whom the Council is responsible and accountable. In response to a question from Committee Chair Couch on ways to resolve the issue, the Development Services Director explained staff has been working on the issue of making distinctions for uses permitted in community parks, neighborhood parks and pocket parks. Park designations in the General Plan or planning process are simply designations for future park sites. Elements are not included in the Plan. It would be possible to expand the parks planning to include the broader range of park tYpes to further develop the zoning for parks. Committee Chair Couch requested staff to work with NBRPD on park designations to include a broader range of park tYpes and bring the issue back to the Committee. AGENDA SUMMARY REPORT PLANNING AND DEVELOPMENT COMMITTEE MEETING Monday, April 26, 2004 Page 5 6. COMMITTEE COMMENTS Committee Chair Couch confirmed cancellation of the Committee meeting scheduled for Monday, May 3, 2004 at 1:00 p.m. 7. ADJOURNMENT The meeting adjourned at 3:35 p.m. Attendance-staff: City Manager Alan Tandy; City Attorney Ginny Gennaro; Assistant City Manager John Stinson; Development Services Director Jack Hardisty; and Associate Planner Wayne Clausen Attendance-others: Pauline Larwood, Smart Growth Coalition of Kern; Brian Todd, BIA of Kern County; Edward King, The Bakersfield Californian; Arthur and Lorraine Unger, Sierra Club; Colon Bywater and Dave McArthur, NOR Recreation and Parks District; and Mary Jane Wilson, WZI Inc. cc: Honorable Mayor and City Councilmembers S:~JOHN\Council Committees\O4Planningand Development Committee~p&dO4apr26summary.doc :.