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HomeMy WebLinkAbout04/02/2001 BAKERSFIELD Alan Tandy, City Manager Sue Benham Staff: John W. Stinson Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Meeting of Monday, April 2, 2001 4:00 p.m. City Manager's Office - City Hall 1. ROLL CALL Called to order: 4:07 p.m. Present:Councilmember David Couch, Chair; (left at 5:50 p.m.) Councilmembers Sue Benham; and Mike Maggard 2. ADOPT MARCH 12, 2001 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Staff update and Committee recommendation regarding tree ordinance Planning Director Stan Grady reported staff has contacted the cities of Fresno, Glendale, Modesto, Stockton, and Sacramento to survey the type of enforcement methods other cities have for tree pruning and landscaping. Results showed their language to be similar to what we have in terms of requiring the landscaping be maintained in a standard condition and using reference to standards for methods of pruning. None of the cities surveyed had enforcement that would set associated fines or penalties. Their enforcement issues are handled similar to ours. A complaint call and response basis is used, which is handled by their code enforcement division or some similar structure in their organization. When a complaint is valid and there is non-compliance with the ordinance, progressive enforcement is used. For a first-time offense, code enforcement issues a verbal warning, if it reoccurs, a written warning and then if repeated, a citation is issued. Dana Adams, Tree Foundation, gave a presentation of the standards the Tree Foundation would like applied. She spoke about their work over the last year reviewing the landscape ordinances, and would like the Committee to look at their work and move forward. She also presented a statement from the League of Women Voters. Ken Hooper, Tree Foundation of Kern, spoke regarding the type of trees being planted and would like to see shade-type trees planted. ,,, :,oo,. F L[ URBAN DEVELOPMENT COMMITTEE '~' AGENDA SUMMARY REPORT Monday, April 2, 2001 Page -2- Lorraine Unger, Sierra Club, spoke regarding the need for aggressive enforcement of the ordinance and not call and response. Committee member Benham made a motion that the Committee recommend adoption of the revisions to the ordinance agreed upon, set the percentage of required shade coverage at 40% as our goal for new commercial development, and also, the City be required to meet all the standards that are placed on commercial development. She recommended the issue regarding enforcement of the tree ordinance be reviewed further at the Committee level. Committee member Maggard expressed reservations about changing the shade coverage requirement from 30% to 40% as there are still questions on how it will change the look and character of parking lots. Fred Porter, CELSOC, commented that above and beyond the number of trees that are going to be planted, the primary concern expressed at recent meetings was commercial developers want to have visibility to buildings. The more trees planted in front of the building, the lesser the visibility. Brian Todd, BIA of Kern County, commented maintaining the 30% tree coverage formula is not staying static, as the industry has agreed to the larger five-by-five foot tree wells, which will allow trees to grow faster and develop larger canopies earlier. It remains to be seen how much difference this makes before the industry agrees to increasing the shade coverage formula. Also, adequate allowance should be made for people who will not park under trees because sap and birds cause paint damage to cars. The Committee discussed that if the recommendation is forwarded to the Council, the percent of shade coverage could be modified at the Council meeting. Planning Director Stan Grady was directed to meet with the tree committee again before this item goes to Council. The Committee unanimously approved the motion and forwarding the revised ordinance to the City Council (for referral to the Planning Commission), and reviewing the enforcement issue further at the Committee level. B. Staff update and Committee recommendation regarding Freeway Status Report The Committee deferred this item. There will be a workshop on April 25th. C. Staff update and Committee recommendation regarding opening Shellabarger Road at Pepita Way Interim Public Works Director Jack LaRochelle gave an update on drainage concerns if road improvements are constructed to open the gate at Shellabarger Road. Other areas around Jewetta and Brimhall Road are starting to develop in small pieces and there is also a drainage issue on the north side of Brimhall Road. Typically, the landowners/developers build small sumps. There is a plan to combine the proposed small sumps into one larger sump and create a planned drainage area through the Subdivision Map Act. This would be an overall drainage solution for the whole area. Typically, the City builds the facilities and then as development occurs, part of their development plan is a reimbursement to the City for those up-front costs. A site has been identified near the south side of Mr. Koch's property. Total cost for the improvements would be approximately $180,000. This is viewed as a solution to drainage for Mr. Koch's property and the small site developments in that area. There are other issues regarding opening the road and negotiations are still ongoing with Mr. Koch. URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, April 2, 2001 Page -3- J. T. Bird, Leonard Koch, Cynthia Ikeda, Stuart Baugher, and Anne Addis spoke in opposition to opening the gate at Shellabarger Road. One of the main issues expressed was traffic safety concerns due to traffic cutting through the neighborhood. Stuart Baugher also presented a petition signed by those in opposition to opening the gate. Debra Coyle and Karen Cox spoke in support of opening the gate at Shellabarger Road. Concerns were expressed regarding the need to make the road more accessible to police and emergency vehicles. Committee Chair David Couch stated due to traffic concerns, he would like to wait until Calloway is completely finished before making a recommendation. He stated he is very disappointed the traffic control guard the County had working at the intersection has not been there for several months. Committee Chair David Couch left the meeting at 5:50 p.m. for another commitment. The Committee directed staff to forward information including the need for the traffic control guard to County Roads Director Craig Pope and copy Supervisor Barbara Patrick. There was a request for this item go to the next City Council meeting. As the Committee members were unaware of the request prior to the Chair leaving the meeting, the Committee recommended, pending approval of the Committee Chair, that this item be on the next Urban Development Committee agenda. However, as Calloway will not be finished, there may be no action taken. 5. NEW BUSINESS A. Discussion and Committee recommendation on construction dust control in Brimhall Estates area (This item heard first.) Interim Public Works Director Jack LaRochelle, also a resident of the area, explained because of the unusual high wind storm sometime ago (and again recently) followed by rain instead of being preceded by rain, a large amount of dust and dirt was blown northerly and also westerly from an area that had been graded for subdivision. Franklin D. Gordon, Attorney, representing homeowners in the Brimhall/Allen area, spoke regarding homeowners' concerns about health issues and damage to their property caused by the dust. The residents want the city to establish procedures to mitigate the dust, not only in new construction but in areas graded for construction left dormant because construction is not currently ongoingl Dr. Roger Paulson, DVM, 12601 Longmeadow Way, spoke about zero visibility on Longmeadow Drive on March 4th, concerns about health issues, thick dirt coming over his fence, traffic safety and property damage to his house and landscaping due to the dust blowing from the open field across · the road. He suggested retaining walls and covering dirt piles. He submitted copies of letters written to Castle and Cooke, pictures and a video of the storm. Larry Herman, 12900 Appaloosa, stated he lives in the County on the corner of Allen Road and Appaloosa and gets the blunt end of the dust. He spoke about several thousands of dollars to repair dust damage to his home as the attic and duct work had to be cleaned and the AC unit replaced from the earlier dust storm and now again this year. He expressed concerns about his children's health. He also submitted video tape. URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, April 2, 2001 Page -4- Jack Eberly, Brimhall Estates, spoke about the City and County knowing the law and regulations that need to be enforced and wants immediate action taken. Steve Moses, Brimhall Estates, spoke about safety concerns when driving to Brimhall Estates due to the lack of visibility during dust storms causing hazardous driving conditions. Stephan DeBranch, Castle and Cooke, spoke about the concerns being addressed, but feels they have maintained the property and the storm was an act of God. He stated they have adhered to all ordinances during construction and if new ordinances are implemented, they will comply with those as well. There are plans to develop the property with streets in the next 30 to 60 days. The six-foot block wall should be finished to Allen Road within the next 30 days. The Building Division approves grading plans for homes/building pads. Building Director Dennis Fidler explained the Building Code is set up to cover dust control after the lots are designed. Castle and Cooke submitted grading plans to both Public Works and Building. Current building codes look at the type of soil for stability to make sure the structure does not fail. Dust control mitigation is after the development is set and started. The class of the soil (extremely sandy) in that area dries out rapidly. It was noted, block walls are not required on all tracts. Staff submitted a copy of the City's letter and copies of three violations issued to Castle and Cooke from the Air Pollution Control Board. The Public Works Department approves grading plans for drainage. Jack LaRochelle stated from a development standpoint, the process Castle and Cooke followed is nearly identical to every other development that occurs throughout the City. First, the land is irrigated, then 100% of the grading is done all at once, roads and lots are cut, and the soil is compacted. The spoil material collected into piles is typical in every development. This dirt is spread out later in the next phases of development. Typically, this works very well and the soil is hard, but the soil in this area, as we know from expanding the recharge basins, is extremely sandy. With respect to dust control, in the grading plan and through plan checks when dust is kicked up at the site, water trucks are brought in during the construction of roads, curb and gutter, sewer and storm drains. Dennis Fidler stated he believes Castle and Cooke complied with the regulations on the books and applied water when they were trenching, digging or moving dirt, but due to the soil type, a day or two later the soil is dry. This is the worst soil problem he remembers encountering. As development moves further west, we are going to encounter more of this fine desert sand. The City Attorney stated we can only control City regulations, but anytime a developer gets a map there is a CEQA and an Environmental Impact Report. Dust creation is covered by the CEQA. The City Attorney requested time to review all the information presented and look at the EIR to see if our regulations need to be enhanced, and review ordinances and enforcement in other communities. Committee members expressed the process should be such that the public gets protected and knows what the City expects of anyone developing land, the developers/landowners know their responsibilities, and the City holds them to that standard. If the City's standard has been adhered to and is inadequate to protect the citizens, then we need to address whether or not the standard needs to be changed. The Committee does not want to create regulation so onerous it causes development in all the other areas of our community to be vastly overly costly, because mitigation is not required there. URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, April 2, 2001 Page -5- Committee Chair David Couch requested staff to come back to the Committee with any enhancements staff recommends are needed, and stressed one of the key elements to be considered would be soil type. The Committee directed staff to meet with the Development Streamlining Committee to get input from the development community and notify Mr. DeBranch; Mr. Gordon who represents homeowners; and other affected residents in the area of the meeting. B. Discussion and Committee recommendation regarding ordinance amending the Planned Commercial Development Zone to allow for combined zones Deferred to the next meeting. C. Discussion and Committee recommendation regarding new zone for commercial development Deferred to the next meeting. D. Discussion and Committee recommendation regarding City/Countydrilling requirements Deferred to the next meeting. 6. ADJOURNMENT The meeting was adjourned at 6:00 p.m. Attendance staff: City Manager Alan Tandy; Assistant City Manager John Stinson; Economic Development Director Donna Kunz; City Attorney Bart Thiltgen; Interim Public Works Director Jack LaRochelle; Planning Director Stan Grady; Deputy City Attorney Carl Hernandez; Public Works Civil Engineer Ted Wright; Building Director Dennis Fidler; and Public Works Civil Engineer Marian Shaw. Others: Carl Moreland, CELSOC; Fred Porter, CELSOC; Larry Herman, Appaloosa home owner; Franklin Gordan, Attorney for home owners in Brimhall/Allen; Dr. Roger Paulson, DVM. Brimhall/Allen home owner; Charolette Telese, Brimhall/Allen home owner; Janavee Meier, Appaloosa home owner; Jack Duncan, Brimhall/Allen home owner; Chris Duncan, Brimhall/Allen home owner; Gene Telese, Brimhall/Allen home owner; Jack Eberly, Brimhall Estates; Stephan DeBranch, Castle and Cooke; Steve Moses, Brimhall home owner; Brian Todd, BIA of Kern County; Rhonda Stallone, Kern County Administrative Office; Cassie Daniel, Bakersfield Association of Realtors; Dave Cross, Architect; Karen Cox, Shellabarger; Stuart Baugher, Shellabarger and Pepita; J. T. Bird, Shellabarger and Pepita; Leonard Koch, Shellabarger and Pepita; Debra Coyle, Shellabarger; Anne Addis, Shellabarger and Pepita; Cynthia Ikeda, Shellabarger and Pepita; Lorraine Unger, Sierra Club; Dana Adams, Tree Foundation; Ken Hooper, Tree Foundation; Lisa Barton, Tree Foundation; Erika Stockton; Tree Foundation; and John Sarad. cc: Honorable Mayor and City Councilmembers S:~John\UrbanDev2001\UD01apr02sum mary.wpd