The URL can be used to link to this page

Home My WebLink About05/10/1999 BAKERSFIELD Randy Rowles, Chair David Couch Mike Maggard Staff: John W. Stinson AGENDA URBAN DEVELOPMENT COMMITTEE of the City Council - City of Bakersfield Monday, May 10, 1999 1:15 p.m. City Manager's Conference Room Second Floor- City. Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA 1. ROLL CALL 2. ADOPT APRIL 5, 1999 AGENDA SUMMARY REPORT 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS ,A. FREEWAY UPDATE- Rojas 6. NEW BUSINESS A. JAY ROSENLIEB LETTER OF REQUEST REGARDING THE SIGN ORDINANCE - Hardisty B. BEAUTIFICATION OF ENTRANCES TO THE CITY - Rojas C. TREE PLANTING INCENTIVES FOR DOWNTOWN BUSINESSES - Stinson 7. ADJOURNMENT S:~John\UrbanDevL99may 10agen JWS:jp FILE COPY DRAFT BAKERSFIELD Ala~'Tandy, City Manager David Couch Staff: John W. Stinson Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Monday, April 5, 1999 1:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 1:23 p.m. Present: Councilmembers Randy Rowles, Chair; and Mike Maggard Absent: Councilmember David Couch 2. ADOPT MARCH 1, 1999 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. FREEWAY UPDATE Mary Frederick representing Caltrans gave a presentation on the Kern River Freeway. She explained the lengthy environmental review process for the freeway and the issue DRAFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, April 5, 1999 Page -2- of mitigation was discussed by the Committee. The City Manager indicated that discussions with concerned water agencies and Caltrans were in process regarding environmental concerns and Caltrans indicated a willingness to work with the community regarding proposed mitigation of freeway impacts. 6. NEW BUSINESS A. ORDINANCE REGARDING APPEAL FILINGS FOR SUBDIVISION MAPS AND EXTENSIONS OF TIME Development ServiCes Director Jack Hardisty presented an overview of the proposed ordinance. He explained that it was intended to clean-up the current process and better define what is appealable. He explained that it is helpful for staff to be aware of the specifics of an appeal in order to be able to properly respond to Council questions during the hearing process. Several representatives from CELSOC commented that the current appeal process is fine as it is. They indicated that the Subdivision Map Act and the current procedure is adequate. Committee members indicated a desire to encourage public input to the Council through the appeal process, and not create additional review layers or complicate the process. Councilmember Rowles made a motion to send this item to a working group made up of staff and development industry representatives to review and come back with a recommendation for the Committee. B. ESTABLISHMENT OF A WORKING GROUP FROM CELSOC TO WORK WITH CITY STAFF This item was in response to a request from Consulting Engineers and Land Surveyors of California (CELSOC). They requested the formation of a working group from the development industry to meet with city staff to work through policy changes which affect their industry. They expressed concems regarding the economic and implementation impacts of changes to city procedures and standards. Councilmember Rowles recommended creating a "Planning and Engineering Policies and Standards Committee" made up of representatives from CELSOC, the Building Industry Association, Board of Realtors, Chamber of Commerce, Kern County Contractors Association, the Sierra Club, Kern County, and City staff. This group would be similar to one previously used successfully for permit streamlining several years ago by the city. Assistant City Manager Stinson will coordinate the committee and quarterly progress reports will be made back to the Urban Development Committee on any issues discussed. The Urban Development Committee agreed to the formation of the new committee. DRAFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, April 5, 1999 Page -3- 7. ADJOURNMENT Adjourned at 2:40 p.m. cc: Honorable Mayor and City Council JWS:jp Attendance: Staff: City Manager Alan Tandy, Assistant City Manager John Stinson, City Attorney Bart Thiltgen, Public Works Director Raul Rojas, Development Services Director Jack Hardisty, Planning Director Stanley Grady, and Engineering Services Manager Jack LaRochelle. Public: Roger Mclntosh, Martin - Mclntosh; Carl Moreland, Telstar Engineering; Fred Porter; Porter- Robertson Engineering, Renee Nelson, Tim Collins, T. W. Collins Associates; John Fallgatter, Smart Growth Coalition; James Burger, The Bakersfield Californian; Mary Frederick and Mike Donahue, CalTrans. s:\john\UrbanDe~UD99aprO5summary.wpd UPDATE ON FREEWAYS IN METROPOLITAN BAKERSFIELD by Jacques R. LaRochelle, Engineering Services Manager ROUTE 58 (KERN RIVER FREEWAY) The Route 58 freeway project continues to progress through the Route Adoption process. According to CalTrans, the Phase I environmental work is complete with only two remaining issues outstanding. Those issues are 1) Biological with the Fish and Wildlife Department and 2) Historic preservation of the Friant Kern Canal due to its age (over 50 years old). Recently, public interest in this project has increased. Concerns such as total project cost, conflicts with water recharge facilities, mitigation of potential environmental concerns at the old Texaco Refinery and the freeway connection to freeway 99 has arisen. In an effort to address those concerns, staff has been working with KernCOG, CalTrans, and Kern County to resolve the issues as follows: 1. Total project costs- We are currently working with CalTrans and KemCOG to develop an overall transportation strategy as a "systems" approach to solving traffic congestion problems. These include widening State Route 204, improving the State Route 204/freeway 99 interchange, adding arterial roadways in strategic locations, improving key intersection locations and the like. KernCOG is currently modeling the systems approach which will then be given to CalTrans for further analysis. We believe a strategic systems approach to traffic congestion may in fact result in a better overall system at a substantially reduced cost. 2. Water recharge- KernCOG recently held a meeting with all of the various water agencies to develop an understanding of their needs and how to address those needs in the freeway design. The initial meeting was successful with a series of subcommittees formed to work on individual concerns. Ron Brummett of KernCOG states that he would like to have a consensus established within the next 60 to 90 days that would be acceptable to all parties concerned. The City has begun work on determining soil conditions east of Allen Road as a possible location for additional and replacement recharge basins. 3. Texaco Refinery- Ron Brummett of KemCOG will be working with presentatives from Equilon (formerly Texaco) to ascertain potential problems and develop workable solutions. 4. Freeway 99 connection- Staff has developed a plan that connects Route 58 to freeway 99. Traffic volumes for this plan are currently being modeled by KernCOG. Once these volumes are developed, CalTrans will check them against the proposed connection to determine if the connection will work properly. In the mean time, CalTrans continues work on the freeway. Aerial photography should be completed shortly which will give the freeway designers an opportunity to develop actual freeway layouts. SOUTH BELTWAY SPECIFIC PLAN LINE ADOPTION Model runs indicate that the proposed shift from the preferred alignment to an alignment 1 mile south of Panama Road (State Route 119) make only a marginal difference in traffic congestion on Ming Avenue, White Lane, Panama Lane and Hosking Road. It should be noted however, that even with the South Beltway in place, congestion on those roadways is unacceptable in terms of level of service. This suggests that the South Beltway should have been placed nearer to White Lane, perhaps along the Pacheco Road alignment, to fulfill the 2010 goal for freeway planning that would "...relieve congestion on major arterial roadways". WEST BELTWAY SPECIFIC PLAN LINE ADOPTION Kern County has adopted a specific plan line for a portion of this freeway within the West Rosedale Specific Plan Area. We have'had recent discussions with KernCOG and the City of. Shafter to reexamine this freeway and complete the Specific Plan line to connect freeway 99 with interstate 5. EAST BELTWAY SPECIFIC PLAN LINE ADOPTION There has been only preliminary discussions regarding this alignment. Staff will, however, insure that its connection at State Route 58 is consistent with the proposed South Beltway and that the preferred route follows the Commanche Road alignment. KLE. IN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP Anthony J. Klein LAWYERS T. Scott Belden Thomas V. DeNatale. Jr. Catherine E. Bennett Barry L. Goldner 4550 CALIFORNIA AVENUE David D. Blaine J. L. Rosenlieb SECOND FLOOR Nancy L. Oehler David J. Cooper BAKERSFIELD, CA 93309 Timothy G. Scanlon Claude P. Kimball Andrea Selvidge William A. Bruce MAILING ADDRESS: Leonard K. Welsh P.O. BOX 11172 Christopher P. Burger BAKERSFIELD, CA 93389-1172 Ned E. Dunphy (661) 395-1000 Mel Ehrlich FAX (661) 326-0418 OF COUNSEL Kevin C. Findley E-MAIL kleinlaw@kleinlaw.com Bruce F. Bunker Krystyna L. Jamieson Thomas C. Fallgatter Barry E. Rosenberg Craig D. Braun April 1, 1999 Via Messenger Councilman Randy Rowles Councilman David Couch Councilman Mike Maggard City Hall 1501 Truxtun Bakersfield, California 93301 Re: Revisions to Bakersfield Municipal Code 17.60: City Sign Ordinance Dear Councilmembers: We are writing this letter on behalf of our client, Good Nite Inns. This letter is directed to you in your positions as members of the Urban Development Committee of the City Council. Our client has certain concerns regarding safety and public welfare issues and business issues as implicated by the application of the Bakersfield sign ordinance to its current signage. The address of the Good Nite Inn is 3535 Rosedale Highway. Despite this address, the actual physical location of the Good Nite Inn is over 700 feet away from Rosedale Highway. (See enclosed map.) The City Building Department has indicated to our client that the off premises sign for Good Nite Inn (located at the southeast corner of the intersection of Rosedale Highway and Camino Del Rio Court) is improper and must be removed.~ (See ~ On January 14, 1999, Jeff Bryson, Building Inspector III, served a "Correction Notice" on the Good Nite Inn. Following discussions between our client and the City Building Department in an attempt to resolve the issues, our office was retained in late January 1999 for the purpose of determining the best possible KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP Councilman Randy Rowles Councilman David Couch Councilman Mike Maggard April 1,, 1999 Page 2 enclosed memorandum from Jim Eggert to Jeff Bryson.) Without the off premises sign, however, the Good Nite Inn is difficult to locate as it is far from its physical street address. One of the purposes of the sign ordinance of the Bakersfield Municipal Code is "... to provide standards to safeguard life, health, property and public welfare by regulating..." (BMC 17.60.010.)2 By happenstance of development, the Good Nite Inn is located far away from its physical address. As a consequence police, fire, and rescue vehicles are at risk to not being able to respond in a timely fashion as they search for an address far away from the actual location of the emergency. Further, the Good Nite Inn is a freeway oriented business located in one of the defined freeway area. (BMC 17.60.070(D).) While we all support the orderly and attractive development of our city, the present location of the Good Nite Inn off premises sign is not inconsistent with such goals. Further, allowance of such a sign promotes the business friendly objectives of those who wish to have Bakersfield portrayed as encouraging successful business activity. In order to address this issue of public safety and business friendly atmosphere, we propose an amendment to the sign ordinance. The amendment, copy enclosed, would alter the scope of allowable directional signs to include off premises signs of defined height and area in those instances where the physical location of the property is a substantial distance from the physical street address. A copy of the proposal is included for your review and consideration. , We look forward to your favorable consideration of these resolution of the signage issues. I spoke with Dennis Fiddler and Jim Eggert on or about February 9, 1999 for the purpose of commencing discussions regarding resolution of the signage issues. Without further contact from the City of Bakersfield, Inspector Bryson issued a Notice to Appear on February 18, 1999. 2 The other stated purpose of the sign ordinance is "...to promote the growth of the city in an orderly and attractive manner..." KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP Councilman Randy Rowles Councilman David Couch Councilman Mike Maggard April 1~ 1999 Page 3 matters. We will be contacting you so that we can respond to any questions that you might have and for purposes of mapping the consideration of our proposal by the entire City Council. cc: Nick McClure Councilman. ltr S ignAmendmen~ /-,29 70-8 332-22. NI/2 OF SEC. 26 T. 29 S. R. 27 E. s¢.oo~_ ols'r. 70-/2 332-P_2_'" ® ~-zzo zov~ ;'o-~ ~-~ L I , . ~ ~AC .~'~ 4~ I0. 44AC ~24AC ~ B A ~ 19TN. $Z7 · / Ss Ii TRACT / TRACT 44Z6 t44~ f4z~ 4542 ASSESSORS MAP COUNTY OF KERN MEMORANDUM January 15, 1999 TO: JEFF BRYSON, BUILDING INSPECTOR III FROM: JIM EGGERT, PRINCIPAL PLANNER SUBJECT: REPLACEMENT OF SIGNS FOR RAMADA/GOODNIGHT INN AT 3535 ROSEDALE HIGHWAY The Ramada Inn that is located along Camino Del Rio Court presently has two freestanding signs, one on their property and the other on the adjacent property owned by the Double Tree Hotel. When the Double Tree Hotel changed its signs (from the Red Lion), staff required that the existing Ramada sign be removed (as it is considered a nonconforming sign). However, since the Ramada was not changing any of their signs, they were told that their sign (on the Double Tree's property) could remain until such time they (Ramada) need to change their signs. It is mv understanding that the Ramada Inn recently changed their sign faces to Goodnight Inn without obtaining proper permits. In addition, they have begun construction of a freeway sign without permits. Under the sign regulations, a permit is required before any work can be commenced (Section 17.60.020 A.) to either replace signs (or faces), or to'install new signs. The Ramada/Goodnight Inn, by ordinance (C-2 zone regulations, Section 17.60.060 B.4.), is permitted one freestanding sign for each street frontage. They only have one street frontage (as State Hwy 99 is not considered street.frontage by the ordinance since no direct access to it is permitted by the State), only one freestanding sigh is permitted. This sign may be either a monument sign (32 sq.ft. maximum area; 8 ft. maximum height) or a pylon sign (240 sq.ft, maximum area; 35 ft. maximum height). However, since the Rarnada/Goodnight Inn property is within one of the freeway sign areas, and their business is freeway oriented as defined by the ordinance, the one pylon sign (if that is the sign type chosen by the property owner) may be allowed to a height of 75 feet, and may encompass an area of 350 square feet (Section 17.60.070 D.). Section 17.60.100 F. requires that any nonconforming signs be removed or conform to the sign ordinance when certain events occur such as change of ownership, installation of new signs, and changing existing signs. Since the existing Ramada/Goodnight Inn sign that is located on the Double Tree Inn's property is a nonconforming sign (as it is an offpremise sign), it must be removed as part of any permits issued for a face change on the existing on-site sign, or installation of a new sign to replace the existing on-site sign. Proposed Amendment to Bakersfield Municipal Code, Title 17, Chapter 60, "Signs" Title 17, Chapter 60, Section 080(F) shall be amended to read: Directional or informational signs Such as entrance/exit signs, open/closed signs, signs indicating business hours, and similar such signs, provided they contain no commercial advertisement, and not exceed six square feet in area and six feet in height. Business logo is permitted provided it does not exceed twenty-five percent of each total sign area. The building director shall limit the number of such signs on the site based on actual need in order to provide adequate direction or information. ~ MEMORANDUM May7,1999 TO: ALAN TANDY, CITY MANAGER FROM: JACK HARDISTY, DEVELOPMENT SERVICES DIRE~ " SUBJECT: CITY COUNCIL REFERRAL #WF0018099 LETTE - J~FROM J.L. ROSENLIEB REQUESTING AMENDMENT TO SIGN ORDINANCE The letter from Mr. Rosenlieb points out a sedous threat to public safety caused by the Good Nite Inn's address not matching its physical location. The address should be corrected as soon as possible so that the Emergency 911 System is effective and emergency response not frustrated and to eliminate the City's being subject to blame if confusion in emergency response were to result from this addressing problem. The address is left over from a time when the Ramada Inn (Good Nite) owned the property all the way to Rosedale Highway. The Ramada sold that land to the Red Lion (Doubletree) so that motel could be constructed between the Ramada and Rosedale Highway. The Doubletree (Red Lion) is addressed on Camino Del Rio. Making this correction should eliminate the need to legitimize by ordinance amendment the keeping of an illegal sign. This ordinance would not solve the address problem and would promote the proliferation of off premises signs. The previous non-conforming sign was required by ordinance to be removed with the change of ownership; Ramada to Good Nite. The current sign is illegal by virtue of its location and having been installed without permit. JH:pjt cc: Trudy Slater m~nat-1