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HomeMy WebLinkAbout04/23/1998 BAKERSFIELD Kevin McDermott, Chair Randy Rowles Patricia M. Smith Staff: Dolores Teubner URBAN DEVELOPMENT COMMITTEE SPECIAL MEETING Thursday, April 23,1998 12:15 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF MARCH 4, 1998 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. FREEWAY UPDATE - Rojas B. SPHERE. OF INFLUENCE AMENDMENT - Hardisty 6. NEW BUSINESS A. ANNEXATION PROCESS - Teubner B. ENCROACHMENT PERMITS - Rojas C. VESTING RIGHTS - Hardisty D. CLEANUP LEGISLATION - Skousen 7. ADJOURNMENT DBT:jp FILE C[ P¥ DRAFT I' BAKERSFIELD Patri¢ia M. Smith AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Wednesday, March 4, 1998 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 12:25 p.m. Present: Councilmembers Kevin McDermott, Chair; Randy Rowles and Patricia M. Smith 2. APPROVAL OF .FEBRUARY 4, 1998 MINUTES Approved as submitted. 3. PRESENTATIONS Renee Nelson requested that the City look into widening the sidewalk in front of the Public Defender's Office on Truxtun. She was concerned about ADA accessibility. 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. FREEWAY UPDATE Staff reported that the KernCOG Board approved the Regional Transportation Program (RTIP) which includes the $175 million for Phase I of the Kern River Freeway. The California Transportation Commission (CTC) will review and approve State Transportation Program (STIP) in June. Staff also presented a proposal for construction of a sewer trunk line along the alignment of the Kern River Freeway to serve the Rosedale area (area around the DoubleTree Hotel). The current sewer line has reached capacity and requires significant maintenance. The Committee directed staffto move forward with development of the sewer line project. URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT DRAFT Wednesday, March 4, 1998 Page -2- 6. NEW BUSINESS A. YARD ENCROACHMENTS FOR CARPORTS, CANOPIES AND PATIOS This ordinance amendment will clarify the definition of encroachment and permit carports, patios, etc., constructed more than 10 years ago to remain nonconforming uses. This will resolve the problem the City has had with older neighborhoods which tend to have a number of these types of structures. This will also allow the Building Director to grandfather them in rather than requiring the property owner to go through a costly BZA hearing. The Committee was satisfied with the proposed ordinance change and forwarded it on to the Council for second reading. B. REVIEW OF PLANNED UNIT DEVELOPMENT (PUD) PROCESS Staff reviewed the process which allows final development plans to be handled by staff at site plan review provided they comply with what was approved by the Planning Commission and City Council. The Planning Director is authorized to approve minor changes; however, major changes including alterations to the architectural design or style, physical placement of buildings or structures, location of access points, parking design, building density or size or the quantity/quality of landscape materials, must be appealed to the City Council for approval. The Committee was concerned that the current process was inflexible and did not allow the Council the ability to compromise if needed. Staff indicated that further study was needed on what changes could be approved by the Planning Director versus the City Council. The Committee indicated that there is a need to clarify what items can be appealed to the City Council; staff should have some authority to determine whether or not an isSue may be appealed to the City Council; and some basic standards should be developed for the form and content of the appeal. Staff was directed to further study the issue and bring it back to the Urban Development Committee at a future meeting. 7. ADJOURNMENT Adjourned at 1:25 p.m. cc: Honorable Mayor and City Council DBT:jp SPHERE OF INFLUENCE UtN%VhNDING THE MYSTERY State law defines a sphere of Influence as, "A plan for the probable physical boundaries and service area of local agency, as determined by the commission." The California Government code also includes seve/-al pages of specifics about Spheres of Influence. These include rules about heatings and notice, specific written findings required, rules for proposed amendment of Sphere of Influence, and requirements for completion of sphere plans for all LAFCo jurisdictions and newly incorporated cities. The text of this section is attached. SPHERE FACTS SPHERE iMISFIllES City Spheres are based on City General Plans City Spheres should not include all or at least most of the city General Plan planning area City Spheres may include Prime Ag Land City Spheres should not include all ag land which affects the City. A Sphere of Influence.plan is an exclusive A Sphere is not an orderly planning tool used LAFCo planning tool usually used to define to coordinate development standards and an area where there are specific plan growth in areas which influence a city. commitments to provide services (See joint planning areas) Specific Commitments include things like Commitments are not statements, Economic sewer plants or bonds; `,vater treatment Development Goals, or "I always thought plants, and may include comprehensive that; or everyone knows that" General Plans A Sphere of Influence gives no special A Sphere is not a farming region outside the jurisdiction or legal powers to a city outside castle ,,vails which enjoys the protection of its corporate boundaries, the knights within and therefore "owes" a protection fee. State law requires Environmental Review of Sphere revisions should not be agreed upon sphere revision requests (564286) and by a phone call .or made with out paperwork. specific written findings based upon facts reviewed by the Commission BRIEFING What Does LAFCo Do? LAFCo Does Not Examples of what LAFCo does Myths about LAFCo LAFCo provides a forum and timeline to resolve disputes between local agencies, for example; LAFCo does not make decisions or influence local Cawello Water Dist vs. North of the River choices of zoning, land use designation or other local government controls on land use. ( it is Municipal Water Dist. forbidden by state law). LAFCo helps suggest and implement the proper type of local government to.provide needed LAFCo does not second guess Environmental decisions made by other local governments. service, for example; Lake Isabella Community Services District. In most cases LAFCo reuses the document. LAFCo does not drag out the development LAFCo mediates jurisdictional disputes between local agencies, for example; Mojave and Cai process. Most LAFCo decisions are reached far City. in advance oftimelines in the law. Most LAFCo approvals can be combined with other required LAFCo coordinates the review and provides approvals. In fact, LAFCo encourages this a neutral forum for review of incorporation approach. proposals, for example; Mojave, Rosamond. LAFCo does not mandate property tax splits or orchestrate school impact fees. These local LAFCo encourages cities to provide service plan specifics to go along with their future annexation government decisions belong to other agencies. and growth plans, for example; sphere of influence Kern County LAFCo does not set urban limit planning in Bakersfield, Shaaer, Taa, Wasco, Cal City and Mc Farland. lines, or Green Lines or establish no growth areas. 10/96 the matters specified in subdivision (n) of Section 56375. (Amended by Stats. 1989, Ch. 1384.) Commission of principal 56387. Except as otherwise provided in county has exclusive Section 56388, if any district is, or as a jurisdiction except result-of a proposed change of organiza- as provided in Section tion or reorganization would be, located 56388 in more than one county, the commission of the principal county shall have exclusive jurisdiction over the matters authorized and required by this part. Commission of principal 56388. If any proposal involves a county may vest Juris- district which is, or as a result of a diction in commission proposed change of organization or reor- of county in which ganization would be, located in more than territory located one county, exclusive jurisdiction for that proposal over the matters authorized and required by this part may be vested in the commission of a county, other than the principal county, in which territory of the district is located or is proposed to be located if all of the following occur: (a) The commission of the principal county agrees to having the exclusive jurisdiction vested in the commission of another county. (b) The commission of the principal county designates the commission of another county which shall assume exclusive jurisdiction. (c) The commission of the county so designated agrees to assume exclusive jurisdiction. CHAPTER 4. SPHERES OF INFLUENCE LAFCO required to determine 56425. (a) In order to carry out its and periodically update purposes and responsibilities for planning spheres of influence for and shaping the logical and orderly each local agency and development and coordination of local make written determinations governmental agencies so as to advantageously provide for the present and future needs of the county and its communities, the commission shall develop and determine the sphere of influence of each local governmental agency within the county. In determining the sphere of influence of each local agency, the commission shall consider and prepare a written statement of its determinations with respect to each of the following: (1) The present and planned land uses in the area, including agricultural and open-space lands. (2) The present and probable need for public facilities and services in the area. (3) The present capacity of public facilities and adequacy of public services which the agency provides or is authorized to provide. (4) The existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency. (b) Upon determination of a sphere of influence, the commission shall adopt that sphere, and shall periodically review and update the adopted sphere. (c) The commission may recommend governmental reorganizations to particular agencies in the county, using the spheres of influence as the basis for those recommendations. Those recommendations shall be made available, upon request, to other agencies or to the public. Spheres of influence 56426. (a) The commission shall .adoption deadlines; develop, determine, and adopt the sphere restrictions on of influence for each local governmental approving proposals agency within its jurisdiction which provides - facilities or services related to development no later than January 1, 1985. The commission shall develop, determine, and adopt the sphere of influence for all other local governmental agencies within its jurisdiction no later than June 30, 1985. (b) Notwithstanding subdivision (a) and Section 56377.5, a commission which has not adopted a sphere of influence for a local governmental agency which provides facilities or services related to development may review, approve, conditionally approve, or disapprove a proposal which includes territory which might be contained within the sphere of that local agency, or any proposal for annexation of territory or for the formation of a district, if the application was submitted to the executive officer pursuant to Section 56828, on or before December 31, 1984. Before approving or conditionally approving a proposal pursuant to this subdivision, a commission shall find that there is a reasonable probability that the proposal will be consistent with the spheres of influence being prepared for the local agency for which the proposal is proposed. (c) Until June 30, 1985, a commission which has not adopted a sphere of influence for 63 - local governmental agencies which do not provide facilities or services related to development may review, approve, conditionally approve, or disapprove proposals which include territory which might be contained within the sphere of influence of these local agencies. When acting on a proposal pursuant to this subdivision, the commission shall prepare a written statement of determinations with respect to the existence of agricultural preserves in the area which could be considered within an agency's sphere of influence and the effect on maintaining the physical and economic integrity of those preserves in the event that the agricultural preserves are within a sphere of influence of a local governmental agency. If the proposal would result in the conversion of prime agricultural land within the agricultural preserves to nonagricultural use, the commission shall make written determinations explaining the reasons for its decision. (d) A commission shall not approve or conditionally approve any proposal which would result in the conversion of agricultural land to nonagricultural use if the commission has not adopted a sphere of influence for each local governmental agency which might, as determined by the commission, include the subject territory in its sphere of influence and which provides facilities or services related to ~evelopment. (e) "Facilities or services related to development," as used in this section, means public works or service programs related to sewers, nonagricultural water, streets and roads, flood control, drainage, and structural fire protection. Sphere of influence of 56426.5. Beginning January 1, 1990, at the proposed newly time a commission approves a proposal for an incorporated city; time incorporation or a reorganization which for determination includes an incorporation, the commission may determine the sphere of influence for the proposed new city. Except as provided in subdivision (b), the commission shall determine the sphere of influence for any newly incorporated city within one year of the effective date of incorporation. (b) The commission shall determine the sphere of influence for any newly incorporated city, the proposal for which was approved by - 64 the commission before January 1, 1990, by January 1, 1991. (Added by Stats. 1989, Ch. 1384.) Spheres of influence 56427. The commission shall adopt, adoption and amendment; amend, or revise spheres of influence notice, hearing, continuance after a public hearing called and held for that purpose. At least 15 days prior to the date o~ that hearing, the executive officer shall give mailed notice of the hearing to each affected local agency or affected county, and to any interested party who has filed a written request for notice with the executive , officer. In addition, at least 15 days prior to the date of that hearing, the executive officer shall cause notice of the hearing to be published in accordance with Section 56153 in a newspaper of general circulation which is circulated within the territory affected by the sphere of influence proposed to be adopted. The commission may continue from time to time any hearing called pursuant to this section. At any hearing called and held pursuant to this section, the commission shall hear and consider oral or written testimony presented by any affected local agency or affected county or any interested person who wishes to appear. This section shall only apply to spheres of influence adopted by the commission after January 1, I975. Request for amendment of 56428. (a) Any person or local agency may sphere of influence; file a written request with the executive reimbursement officer requesting amendments to a sphere of influence or urban service area adopted by the commission. The request shall state the nature of the proposed amendment, state the reasons for the request, include a map of the proposed amendment, and contain any additional data and information as may be required by the executive officer. {b) After complying with the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code, the executive officer shall place the request on the agenda of the next meeting of the commission for which notice can be given. The executive officer shall give notice in the manner provided by Section 56427. On the date and time provided in the notice, the commission may do either of the following: - 65 - (1) Without further notice, consider the amendments to a sphere of influence. (2) Set a future date for the hearing on the request. (c) The executive officer shall review each requested amendment and prepare a report and recommendation. The report shall be completed not less than five days before the date specified in the notice of hearing. The executive officer shall send copies of the report to the person or agency making the request, each affected local agency, and each person who has filed a request for a report. (d) At its meeting, the commission shall consider the request and receive any oral or written testimony. The consideration may be continued from time to time but not to exceed 70 days from the date specified in the original notice. The person or agency which filed the request may withdraw it at any time prior to the conclusion of the consideration by the commission. (e) At the conclusion of its consideration, the commission may approve or disapprove with or without amendment, wholly, partially, or conditionally, the request. The commission - shall follow the procedures in Sections 56425 and 56426. (f) The commission may require the person or agency making a request pursuant to this section to pay a fee to cover the commission's costs. The 'fee shall not exceed the estimated reasonable cost of providing the service and shall be set pursuant to Section 56383. The commission may waive the fee if it finds that the request can be considered and studied as part of the periodic review of spheres of influence required by Section 56425. In addition, the commission may waive the fee if it finds that payment would be detrimental to the public interest. (g) The commission and executive officer may review and act on any request to amend a sphere of influence or urban service area concurrently with their review and determination on any related change of organization or reorganization. In case of a conflict between the provisions of this section and any other provisions of this part, the other provisions shall prevail. (Repealed and added by Stats. 1988, Ch. 826.) - 66 PRESmENT Office of the City Manager March 30,1998 ,~...~/,,~...~',.,,z/~ City H all t~v[CE 1501 Truxtun Ave PPJ!:SmENT Bakersfield, CA 93301 APR 0 6 1998 ~ :~",~,',, A'I-I'N John Stinson ~ENT Dear Mr Stinson: ENGINEERING DEPT. ~ Reference · The problem of businesses using the public sidewalks ~,~z/~ ...~;,z/~., In keeping with the decisions made on this subject during the meeting that BOARDOF was held this month our Association has conducted a survey of the businesses D[RF.,Ci'ORS that utilize a portion of the public sidewalks to serve their patrons. The following ~_//~ ..~/a,~,'o~ questions were asked: a. type of business reporting ie. lunch rooms, restaurants, etc. "~/~ ~'"~ b. the "average" number of pedestrians that pass the activity per hour that ~o/d~a,~o,~ they are open and the average number of impaired pedestrians ~o/.~z~a,,,,~ observed. c. how much actual sidewalk do you use with your activity ~,~,.~/2¢,~,.,~ d. what is the total "unobstructed" or clear sidewalk remains for pedestrian ~,,/pp'/ use and the average total width of the walkway in the front of your _¢,~, ~,.,~ business. Are there any other obstacles that restrict your walkway e. is there a railing around your activity ~;//~,¢.,~o,, f. is this railing temporary and are the mounts in the sidewalk or above the walkway g. do you now have or have you applied for an encroachment permit ~o~,, ~,~,/,-,.,~ 'The survey results have been reviewed and the following information has been generated: a. ten businesses responded to the survey. The average total width of ./¢_.~ ~0o the walkway in front of the business is 10.5 feet. ~ ~J~o,~o,~ b. The average pedestrian count per hour during the business day varies from three to 40 with an average per hour count of 21 per hour between the peak ,/%' ~'~-~-"~ hours of 10AM and 4PM. The night time-traffic has not been surveyed. The ~&,~ ?~,,~,, average number of impaired pedestrians was reported to be one per hour, either E~-OFt~610 on crutches, canes or in wheel chairs. The average wheel chair is 32 inches in ?P,,z,-,~-,~ ~,~,,,z width, either motorized or self powered. ~,,~/' ~'~,--,,-,,-, c. Of the businesses survey 5 have railings and only one business has its 2P,,,o,,d ~'/'~,.d railing anchored with "above the sidewalk" type fastening. All of the rest have their railings affixed with a device that is set into the sidewalk. All businesses have their railings eligible for removal and none are permanent in nature. 133017th Street · Bakersfield, CA 93301 · (805) 325-5892 · Fax (805) 325-7319 d. Of all the businesses surveyed four now serve alcohol or plan to in the near future. All recognize that a railing is a requirement for a liquor license. Included in this survey was a street survey that reveals that there are other locations here in the downtown where there are permanent obstructions that limit the sidewalk width to less than four feet - one of which is located in front of the police station on Truxtun and H St. There are other narrow sidewalks located on F street. It is recognized that the Public Works Director desires a minimum sidewalk width of 10 feet for pedestrian use. With'this type restriction it would be totally impossible to conduct any activity on current walkways to support a friendly atmosphere in the downtown area. Finally, considering the areas now being used by the downtown businesses to attract pedestrian use there is a need to restrict all businesses from installing a "permanent" encroachment on the sidewalks but further , considering the activity on these walkways the City should require an unobstructed "or clear" walkway of 4.5 feet and all encroachments must be capable of being removed if additional sidewalk use is required by City officials. It is requested that the attached modifications to the encroachment ordnance be approved in order to entice additional pedestrian traffic to the businesses in the downtown area. Siqcerely: , /,¢I--IILIP J. BENTLEY Association President cc.: Jack Hardisty, Planning Director Raul Rojas, Public Works Director u/Marion Shaw, Public Works Dept. Pat DeMond, City Council ENCROACHMENT PERMIT REQUIREMENTS The current ordnance that establishes the issuance of an Encroachment Permit be modified to inclUde the following: a. Cost of a permit for encroachment be established at $25.00 and the permit be renewed annually. In the event that the permit holder vacates his or her facility the permit is terminated. b. The business owner or operator be authorized to encroach on existing sidewalks for the purpose of creating a seating area, a dining area or an area outside the business to enjoy the activities of that business. The encroachment request will state the precise use of the sidewalk area and why the permit is being requested. The MINIMUM unobstructed clear sidewalk must be at least 4 feet wide. This space will not be encumbered by chairs, tables or railings and will be used for pedestrian traffic only. c. The shop or store owner or operator may install a railing around the encroachment area but such railing must be considered "temporary" and must be removable. The railing may be affixed to the sidewalk provided the device used to support the railing is totally flush with the surface of the walkway when the railing is removed. d. The business that requests an encroachment certifies that they are aware that the liability for the encroachment must be assumed by the business and the city is relieved of this responsibility during the period of the permit. e. The encroachment permit must be accompanied with a design of the railing and its mounting devices to ensure that the railing is compatible with the city ordnance. f. The installation of awnings or awning devices is authorized provided that a design for such installation showing what is proposed, how it will be affixed to the structure and if it is to be mounted to a sidewalk mounting device that this detail be described in full detail. Such awnings and awning devices must also be considered "Temporary" and completely removable at the request of the city. MEMORANDUM April 9, 1998 TO: HONORABLE CHAIR KEVIN MCDERMOTT, COUNCILMEMBER ROWLES COUNClLMEMBER SMITH CITY COUNCIL URBAN DEVELOPMENT COMMITTEE FROM: JUDY SKOUSEN, CITY ATTORNEY ~%~.~ SUBJECT: VESTING RIGHTS AFTER FINAL SUBDIVISION MAPS HAVE RECORDED The Subdivision Map Act provides certain rights to developers when they apply for vesting tract maps. One of the most important of which is to "vest" the developer's rights to build his project in accordance with the laws, regulations, standards and fees in place at the time his complete application was accepted by the city. The subdivision application process is quite complex but a simplified description is as follows. The developer files an application for a "vesting tentative tract map." This application is reviewed by the City and found to be complete. The application is then processed by the city through CEQA and Planning Commission approval process. This tentative tract map remains valid for an initial 2 year period with possible extensions of up to 3 years. State law has also provided several automatic extensions to the life of tentative tract maps which can extend the life up to 10 years. When the developer has complied with all the conditions required by the tentative tract map a final map can be recorded. Final maps may be recorded in phases for portions of the approved tentative tract map. Each final map recorded for a phase of the project extends the life of the tentative tract map for the remaining portions of the project for an additional three years if certain dollar amounts are expended for off site improvements. Thus the life of a tentative tract map can extend for up to 10 years or moreif some of the other automatic extensions are available. For all the time the tentative tract map remains valid, the developer maintains the right to develop in accordance with the laws, regulations, standards and fees which were in place back at the time the application was found complete. After a final map is recorded for all or a portion of the project, the developer retains THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES. HONORABLE CHAIR KEVIN MCDEMOTT, April 9, 1998 Page 2 these rights for one year on the portion recorded. The developer can apply for a one year extension of these vesting rights on the final map. Any building permits pulled during this one year period or two year period if an extension is granted need only comply with the laws, regulations, standards and fees which were in place when the application for the tentative tract map was found complete. A building permit only expires if work is not commenced within six months from its issuance or work is stopped or abandoned for more than six months. Thus a building permit may remain open for years. An example of these "vesting" rights would be the City's adopted traffic mitigation fee. This fee is payable after the final map is recorded and after a building is constructed and at the time of final inspection, usually when the home owner is ready to move in. (Certificate of occupancy). This means that the traffic mitigation fee payable would be the one established by the city council as much as 10, 12 or 15 years prior. The issue raised at the last council meeting was whether the language of Government Code Section 66452.6 (h) extended those "vesting" rights to other building permits pulled after the "post final map one year period" when any one building permit was pulled for that final map. It is the opinion of this City Attorney that it does not. Other provisions of the Subdivision map Act, when read together with {}66452.6 (h) lead to this conclusion. Both Planning and Public works agree with this opinion. The recognized experts in land use law and the Subdivision Map Act, Michael Durkee, Dan Curtin and Margaret Sahogi also agree with this interpretation. Roger Mclntosh also agrees with this interpretation. The second issue raised at the last council meeting was whether the City should change its ordinance to provide that the "vesting" rights extend for two years after a final map is recorded instead of the one year currently allowed by our ordinance. State law authorizes a city to choose one or two years for this time period. The developer would be allowed to ask for a one year extension to either the one or two year period selected by the City for a possible total of three years. Copies of Government Code sub paragraphs 66452.6 (g) and (h) are attached hereto. THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES. § 66452.6 GOVERNMENT CODE GOVERNMENT COl (g) The rights conferred by a vesting tentative map as provided by Chapter 4.5 (commencing with Section § 66452.1.1. Extension of exF 66498.1) shall lam for an initial time period, as provid/sd by ordinance, but shall not be leas than one year (a) The expiration date of an or mom than two years beyond the recording of the final map. Where several final man am recorded on various phases of a project covered by a single vesting tentative map, the one-year initial time period shall approved that has not expir~ begin for each phase when the final map for that phase is recorded, extended by 24 months. The initial time period shall be automatically extended by any time used by the local agency for process- (b) The extension provided b lng a complete application for a grading permit or for design or architectural review, if the time used by pro~,ided for in Section 6645. the local agency to process the application exceeds 30 days, from the date that a complete application is (c) Any legislative, administt filed. At any time prior to the expiration of the initial time period provided by this section, the subdivider may apply for a one-year extension. If the extension is denied by an advisory agency, the subdivider may to a development project incl appeal that denial to the legislative body within 15 days. by 24 months if this approve. (h) If the subdivider submits a complete application for a building permit during the periods of time speci, fective. fled in subdivision (g), the rights conferred by Chapter 4.5 (commencing with Section 66498.1) shall Added Stats 1993 ch 407 § I ($F continue until the expiration of that permit, or any extension of that permit granted by the local agency. Amended Stats 1988 ch 1330 § 2; Stats 1989 ch 1268 § 1; Stats 1991 ch 907 § 2 (AB 1905). Amended Stats 1996 ch 894 § 66452.12. Expiration of § I (SB 560). Am~ndmenlz: requirements for building pet 19~ Amendment: (1) Added subdivision designations (b)(l) and (b)(3); (2) added subd (b)(2): (3) added "development" (a) Any p~rmit i~Rted by a in the fn~t sentence of subd (bX3); and (4) amended subd (0 by (a) substituting "includes" for "shall include" after development shall expire put "developmant moratorium" in the first sentence"; CO) substituting "shall also be" for "is" after "moratorium" in the (b) Conditio~ or requireme! second sentence; (c)adding "of either of the following:. (1)"; and (d)adding subd (t)(2). 19~9 Amendment: (I) Amended the second sentence in subd (a) by sutmituting (a) "required to expend one hund~l pursuant to Section 65961. twenty-five thousand dollirs ($125,000)" for "subject' to a requirement of one hundred thoummd dollar~ ($100,000)" after Added Stats 1994 ch 458 § 6 (A "if the subdivider"; and Co) "property boundaries of the tentative map, excluding improvements of public fights-of-way which abut the boundary of the property to be subdivided and which ara reasonably related to the development of that property" for "boundari~ of the t~mtstive map" after "improvements out.~de the"; and (2) added the second paragraph § 66452.13. Additional exten.,. of subd (a). 1991 Amendmeat: (I) Added ", including any extemion thereof granted pumuant to subdivizien (¢)," in the fir~ sentemm (a) The expiration date of of subd (b)(i); (2) amended subd (e) by adding (a) "pu~uant to subdivision (a)" in the fi.~ sentence; and Co) the second tentative map or vexing tent sentence; and (3) subetituted "including" for "other than" afar "services to the lind," in the ~ sentence in subd (0. act that adds this section 1996 Amendment: Substituted "five yeara" for "thm~ years" at the end of the first sentenc~ of subd (e). Collateral Reference: (b) The extension provided Miller& St~rr, Cal Real F.z~te 2d §§ 20:.92, 20:124, 20:!2~, 20:126, 20:.143. provided forin Section 6645. 1988 legi~tive summary. 7 Carl Real Prop I No. I p I. (C) Any legislative, administ' NOTES OF DECISIONS project included in a map th this approval has not expirec · Amendment to Gov C § 66452.6, which added to defini- discretionary extensions at an early stage of the tentative sion shall be in addition to a tioo of development moratorium a condition of acquiring map's life., thus eximusting the maximum discretionery Added Stats 1996 ch 46 § 1 (AB real property inter~t from public ag~vzy, which public exten~ons permitted by Gov. Coc~ § 66452.6. A tentative a~mcy fails or refna~ to conv~ to s~tisfy condition, did map may hava a life of up to 13 years whether or not the no~ apply retroactively. Re ~ Assoc. (1991, CA9 final three years of the map's life am extended pursuant to Cai) 935 F2d 1071. a local ag~mcy's discretionary authority. Gov. Code, § 66452.6, subd.' (a) (extensions must not extend tentative - Under Gov. Code, § 66452.6, a city's decision to deny map more than 10 years from its approval or conditional approval of a development pmj~ constitutad · develop- approval), sugg~z the Legislature wanted to put a cap on § 66452.~1. Notice to prospo merit moratorium as a r~ult of the city's having impused mandatory extemions over which the local ag~3, has no · a condition that the city pr~are~ complete, and appm~ a ~ discretion. The Legisliturn authorized a life of up to 13 Prior to the acceptal~e of a certain growth management plan prior to approval of the years based on no more than 10 yea~ of mandatory exten- provided: proposed project, where the city did not complete the plan. sions and a maximum of throe years of discretionary exten- The city had denied a modification to the originally ap- ~sions. California Country Club Homes A~n. v City of Los proved tentative subdivision map, which would have ex- Angeles (1993, 2nd Dist) 18 Cai App 4th 1425, 22 C-al Rptr To' the p~tive occupant(~ pirbd 120 days after expiration of the city's earlier granted 2d 917. ' '~friendly moratorium." The em'ller "friendly moratorium" In a proceeding by a ho~neowner and three homeowners prohibited the developer from proces~g the approved a.~soclitions challenging the validity of a mandatory exten- The oWner(s) of this building teatstive map for the project until a certain date, or until sion to file a final subdivision map on a tract, which had county) to' convert this bull. it mopped processing the project with due diligence, or the effect of extending the overall life of the tentative map sooner than (date). You will until it obtained · final map thlxmgh negotiation with the beyond 10 years, the trial court did not err in dismissing still reside in your unit, ybu city. Under the statutory scheme s~lling o~t a variable but plaintiffs' petition, notwithstanding plaintiffs' contention limited period of life fol' an ·pproved or col~ditiot~al]y ap- that the map was not entitled to 10 years of mandatory proved tentative map, and in c~c~ under which extensions in the first instance. Defendant' tract owner's the tentative map was still "alive" by virtue of the friendly tentative map had not yet expired, and the tract owner had moratorium at the time the ststutory moratorium took ef- a continuing entitle~nent to develop, when an amendment fec~ the statutory five. yenr moratorium commenced on the to Gov. Code, § 66452.6, subd. (a) (authorizing automatic date the city adopted the ordimm~ imlx~ing the growth · extensions of up to 10 years), became effective. As a result, management plan. date the city adopted the ordinance the amendment could properly apply to govern future ac- impc~ng the grnvah managen~,nt plan. Native Sun/Lyon tions regarding the life of the tentative map. 13ecauae such Communitiea v City of E. scondido (1993, 4th Di~) 15 Cai effect would operate only in the future, the amendment had App 4th 892, 19 Cai Rptr 2d 344. ouly pro~0ecfive effect and did not violate the general rule I have received this notice o; In an action challenging the validity of a 'mandatory again.sts retroactive application of statutes. A statute does extension to file a final subdivision map, which had the el- not operate retroactively merely because Some of the facts fect of extending the overall life of the tentative map or conditions on which its application depends came into beyond 10 years, the trial court did not err in determining exis~nce prior to its enactment. California Country Club that Oov. Code, § 66452.6, subd. (a), permitted the exten- Homes Assn. v City of Lo~ Angeles (1993, 2ud Dist) 18 sion. Defendant tract owner had received three years of Cai App 4~h 1425, 22 Cai Rptr 2el 917. § 66452.7. [Section repealed 1996.] Added Stats 1982 ch 1447 § 1. Repealed Stats 1996 ch 872 § 65 (AB 3472. The re1~.'aled section related to extension of time permitted for action on tentative map to allow consideration of C)fi~e of Intergovernmental Management evaluation. Beginning in 1992, 1~8 italic~ indicate changes or additions. * * * indicate omissions. [17 (3or G] [17 Gov C;I , ADMINISTRATIVE REPORT I MEETING DATE: March 25, 1998 AGENDA SECTION: New Business ITEM: ].2. c. TO: Honorable Mayor and City Councilmembers APPROVED FROM: Judy K. Skousen, City Attorney DEPARTMENT HEAD ',~) ~ DATE: March 18, 1998 CITY ATTORNEY ,'~ (~ CITY MANAGE~~' SUBJECT: Clean-Up Legislation -- Five (5) Ordinances Amending the Bakersfield Municipal Code: Section 17.04.320 -- Guesthouses Section 17.04.420 -- Front lot lines Subsection D of Section 17.10.020 -- One-family dwelling zones Subsection F.1 of Section 17.22.020 -- Uses permitted in the C-1 zone Subsection A. 1 of Section 17.58.040 -- Rules for calculation of required off-street parking. RECOMMENDATION: Staff recommends first reading of all six ordinances and referral to Urban Development. BACKGROUND: From time to time, staff finds provisions in the Bakersfield Municipal Code which are inconsistent with State or Federal law or inconsistent with the actual practices of the City, or simply need to be streamlined or updated. The City Attorney's Office has instituted a new procedure wherein we will bdng a batch of these simple clean-up ordinances to City Council for adoption. 1) Section 17.04.320, the definition of Guesthouse currently states that a guesthouse has no kitchen fadlities. This has aiways been interpreted to mean it can have no stove, full-size refrigerator, etc. The proposed ordinance cladfies this interpretation. 2) Section 17.04.420, the definition of Front lot line has always been interpreted to apply to the right-of-way lines of private streets as well as public streets. This proposed ordinance adds this language to the definition. 3) Section 17.10.020 is being amended to eliminate the current Subsection D which relates to second dwelling units. This subsection has been superseded by Chapter 17.65. 4) Subsection F.1 of Section 17.22 currently requires business operations in C-1 zones to be entirely within an enclosed building. The current ordinance does not specifically refer to restaurants, but has always been interpreted as applying to restaurants. This amendment clarifies the ordinance's application to restaurants. MC25CA.NB March 18, 1998, 8:11AM ADMINISTRATIVE REPORT Page 2 5) Subsection A.1 of Section 17.58.040 currently states that parking computations will be based on gross floor area of buildings and structures. Staff has always interpreted this to mean that the gross floor area of the entire building or structure is used even when the building permit is for remodels or additions. This amendment cladfies that the entire building or structure is used to calculate parking requirements, even for remodels and additions. ,.;I-N.CM~sb~cj S:~COUNCIL~DMIN. RI:~CLEANUP8,ORD,wpcl MC25CA. NB March 18, 1998, 8:11AM ORDINANCE NO. AN ORDINANCE AMENDING SECTION 17.04.320 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE. DEFINITION OF GUESTHOUSE. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.04.320 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.04.320 Guesthouse. "Guesthouse" means an accessory, detached dwelling without kitchen facilities, including but not limited to, stoves and full-size refrigerators, and excepting sinks, designed and used to house nonpaying visitors or guests of the occupant of the main dwelling. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... ORDINANCE NO. AN ORDINANCE AMENDING SECTION 17.04.420 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE DEFINITION OF FRONT LOT LINES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.04.420 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.04.420 Lot line, front. "Front lot line" means the right-of-way line dividing a lot from a public or private street. On a corner lot only one street line shall be considered as a front line and the shorter street frontage shall be considered the front line, except in those cases where the latest deed restrictions specify another line as the front lot line. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... 000 .......... Page 1 of 2 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 17.10.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO USES PERMITTED IN THE R-1 ONE-FAMILY DWELLING ZONE. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.10.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.10.020 Uses permitted. The following uses are permitted in an R-1 zone: A. A one-family dwelling; B. Accessory buildings or structures, including a private garage the area of which shall not exceed twelve percent of the area of the lot; C. Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees, not used or intended for commercial purposes; D. Home occupations, as defined in section 17.04.330 and in compliance with the provisions of chapter 17.63. E. Swimming pools and hot tubs; F. Garage and yard sales as defined in Section 17.04.305; G. Real Estate Tract Sales Office and Model Homes. 1. Each subdivision tract is permitted a maximum of six model homes, one of which may include a sales tract office, for each home builder in the tract. Additional model homes may be permitted subject to approval by the planning director. 2. Model homes may be constructed prior to recordation of a final map for the tract; however, no such home shall be offered for sale or rent, or be sold or rented until the final map has been recorded pursuant to Title 16 of this code. 3. Sales offices shall only be used during the original sales of the lots and/or homes within the subdivision tract in which they are located. 4. A sales office shall be located in a model home; however a separate temporary office which may include a commercial coach or mobile home, is permitted for a period not to exceed ninety days pending completion of construction of the model home. Any sales office located in the garage portion of a model home shall be removed and converted to a garage prior to the building department releasing covenants restricting the model home's sale and issuing a certificate of occupancy. -- Page 1 of 3 Pages-- 5. The vehicle route leading to and in front of any sales office, shall be paved from an existing improved public street prior to the public being invited to that office regarding sales of lots and/or homes in the tract. H. Small family day care homes, as defined in section 17.04.160, and which comply with the regulations set forth in the California Child Day Care Facilities Act of the Health and Safety Code (section 1596.70, et seq.). I. Second unit, as defined in section 17.04.539 and in compliance with the provisions of chapter 17.65. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... Page 2 of 3 Pages ORDINANCE NO. AN ORDINANCE AMENDING SUBSECTION F.1 OF SECTION 17.22.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO USES PERMITTED IN THE C-1 ZONE. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Subsection F. 1 of Section 17.22.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.22.020 Uses permitted. F. The specified store, shops, restaurants or businesses set forth in subsection B above shall be retail establishments selling new merchandise exclusively, except used merchandise clearly incidental to the regular business conducted on the premises, and shall be permitted only under the following conditions: 1. Such stores, shops, restaurants or businesses, except automobile service stations, shall be conducted entirely within an enclosed building. No outside service or storage of materials is permitted. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o, Page 1 of 2 Pages ORDINANCENO. AN ORDINANCE AMENDING SUBSECTION A. 1 OF SECTION 17.58.040 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO RULES FOR CALCULATION OF REQUIRED OFF-STREET PARKING. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Subsection A. 1 of Section 17.58.040 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.58.040 Rules for calculation of required off-street parking. A. In the calculation of off-street parking and freight loading spaces, the following rules shall apply: 1. Parking computations will be based on the gross floor area of entire buildings and structures, unless otherwise stated in this chapter. For buildings and structures being remodeled or to which additional floor area is being added, the parking computations shall also be based on the gross area of the entire building or structure. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... O00 .......... -- Page 1 of 2 Pages -- Comparison of Downtown Encroachment Policies Fresno Lon~l Beach Merced Modesto Sacramento San Die,lo San Francisco San Jose San Luis Oblspo Santa Barbara Santa Cruz Ventura Planters/awnings Pe~nit to allow tables, only; tables not awnings, etc downtown? Y Y Y Y Y Y Y Y allowed Y y y Specilic hours or events that Only in coastal Business hours Business Business hours Up to midnight, or Summer Solstice Business hours the sidewalk must be clear for? N/A Zone only hours only only CUP for later hours N/A Fiesta only N It depends on Do you require railings or how many rows barriers? N Y N Y Y Y Diverters ABC N/A of tables N N Cost of Permit? $500.00 $250.00 $150.00 $40.00 $916.00 ? $100 to $400 $600 to $800 $60.00 for planters $100 to $300 $770.00 $50.00 Typical sidewalk width downtown? 14' 15' 14' 10' to 15' ? ? 9' 12' to 27' 8' to 10' ? 12' + 12' Minimum clear sidewalk width 4' local outside of encroachments? 8' 5' 5' 5'major 8' 8' 6' 10' 6' 8' 8' * 12' 4' Does your Muni Code allow Sa~er~i~,~ liquor in the sidewalk ? Y Y Y ? Y, + ABC Y, + ABC N Y ABC ABC What is your criteria for encroachments? See ordinance See ordinance See application See ordinance See application See ordinance See ordinance See application See ordinance Notes Annual Annual $100 tO $400 annually Monlhly mrdal