Loading...
HomeMy WebLinkAbout03/01/1999 BAKERSFIELD Randy Rowles, Chair David Couch Mike Maggard Staff: John W. Stinson AGENDA URBAN DEVELOPMENT COMMITTEE Monday, March 1, 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 FEBRUARY 17, 1999 AGENDA SUMMARY REPORT 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. PARK DEVELOPMENT/PARK LAND FEES ORDINANCE UPDATE - Hardisty B. FREEWAY UPDATE - Rojas C. CHAMBER OF COMMERCE - GREATER BAKERSFIELD 2020 VISION 6. NEW BUSINESS None 7. ADJOURNMENT S:~John\UrbanDev~99mar01agen JWS:jp D AFT BAKERSFIELD Alan Tandy, City Manager David Couch Staff: John W. Stinson Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE Wednesday, February 17, 1999 1:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order at 1:15 p.m. Present: Councilmembers Randy Rowles, Chair; David Couch; and Mike Maggard (Randy Rowles left at 3:30 p.m. for previous commitment) 2. ADOPT SEPTEMBER 28, 1998 AGENDA SUMMARY REPORT Adopted as submitted. 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. PARK DEVELOPMENT~PARK LAND FEES ORDINANCE UPDATE Stan Grady made a brief presentation of the proposed park land and park development ordinances which would provide 50% development fee credits for multiple service medical and recovery care facilities meeting a specific criteria and gRAFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Wednesday, February 17, lggg. Page -2- providing specified open space and recreational facilities. Michael Callagy spoke and indicated that he was not opposed to paying 100% of the park land fee, but supported the ability to obtain a waiver of the Park Development Fee rather than the 50% credit recommended by staff. Mr. Abril representing Careage Incl also supported the approach to exempt their project. Staff indicated that the Council could not simply waive the fee but could provide a credit to developers based on facilities they provided in lieu of paying the fee or providing public facilities. The Committee discussed the proposed ordinance and requested staff to develop a criteda and objective standards which could be used to provide for up to 100% park development credit and return with it at the next committee meeting, March 1st. B. FREEWAY UPDATE Jack Larochelle and Ron Brummett gave the Committee an update on the financing and status of freeway projects in metropolitan Bakersfield. 6. NEW BUSINESS A. KERN TRANSPORTATION FOUNDATION CORRESPONDENCE REGARDING ONE-HALF CENT SALES TAX Raul Rojas explained a request by the Kern Transportation Foundation for the City to contribute $10,000 toward a poll to determine support for a ½ cent sales tax for transportation. The foundation is proposing to hire a consultant to conduct the poll. Other agencies contributing to the project included Kern County ($22,500); Kerncog ($5,000); Golden Empire Transit ($5,000); and Kern County Superintendent of Schools ($2,500). Councilmember Maggard made the motion to recommend approval of the request to the City Council. The motion passed unanimously. A report will be submitted to the Council at their March 17t~ meeting. B. CHAMBER OF COMMERCE - GREATER BAKERSFIELD 2020 VISION Chris Frank gave a brief presentation of the Chamber 2020 Vision report. She clarified that item #3 recommending hiring a consultant was a chamber recommendation, and is only one option to consider. Renee Nelson indicated support for the report and the recommendation to hire a consultant. The Committee expressed their support of the Chamber's efforts and the 2020 Vision ORAFT URBAN DEVELOPMENT COMMITTEE AGENDA ,SUMMARY REPORT Wednesday, February 17, 1999 Page -3- process. Assistant City Manager Stinson indicated that perhaps the Council may want to consider some of the 2020 vision concepts in their upcoming goal setting session and those discussions should be completed prior to acting on the actions requested by the Chamber. He also indicated that the Board of Supervisorswould be receiving a staff report on February 24t~ on this issue. Chairman Rowles suggested that the public could be involved through the Urban Development Committee meetings if they were held in the community. Councilmember Couch suggested that the press could assist in getting the public involved in the process. He also indicated that the City of Pasadena had conducted a similar process and would like to know what they did. CouncilmemberMaggard thought going out into the community was a good idea. Chairman Rowles made a motion to send a report back to the Council recommending adoption of only the three broad principle statements included in the 2020 vision report. He also recommended that the Committee discuss the specific items under each principle at subsequent committee meetings to be held throughout the community to solicit community input and the committee taking direction from the Council through the Council Goal setting session. The committee unanimously approved the motion. C. DECELERATION LANE STANDARDS Traffic Engineer Steve Walker gave a brief presentation on deceleration lanes. Public Works director Rojas indicated that the City uses nationally, accepted standards for the city guidelines and recommended that the city continue with its current standard which provides for appropriate public safety. He also indicated that in areas that are already developed which have unique situations involving grades, utility relocation, drainage and other issues staff works with developers to come up with solutions which help contain costs to the developer. Roger Mclntosh indicated he agreed with the city standard due to public safety. He indicated that there could be an alternative to address slope and drainage issues which increase costs to developers. The City will continue with its existing standard for deceleration lanes and Mr. Rojas indicated that staff would discuss the design alternatives with Mr. Mclntosh and bring something back at the next meeting for the Committee to consider. D. 1999 PROPOSED MEETING SCHEDULE The Committeetentativelyadopted the proposed 1999 meeting schedule, pending Councilmember Maggard's approval. 7. ADJOURNMENT D AFT URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Wednesday, February 17, 1999 Page -4- Adjourned at 3:55 p.m. cc: Honorable Mayor and City Council JWS:jp Attendance: Staff: Assistant City Manager John Stinson, Development Services Director Jack Hardisty, City Attorney Bart Thiltgen, Assistant City Attorney Carl Hernandez; Assistant Fire Chief Kirk Blair, Public Works Director Raul Rojas, Engineering Services Manager Jack LaRochelle, and Planning Director Stanley Grady. Traffic Engineer Steve Walker for New Business Item 6C. Public: Roger Mclntosh, Martin Mclntosh; Steve DeBranch, Castle and Cooke; Mike Callagy, Cornerstone Engineering; Michael Abril, Borton, Petdni and Conron; Ron Brummett, Kern COG; Chris Frank, Chamber of Commerce; David Sozinko, Chamber of Commerce; Brian Todd, Bakersfield Association of Realtors; Michael Green, The Bakersfield Californian; Dale Hawley, Kern Transportation Foundation; Laura Snideman, BIA; Betsy Teeter, Castle and Cooke; Colon Bywater, North Bakersfield Recreation and Park District; Pauline Larwood, Larwood Associates; and Renee Nelson; S:~John\UrbanDev\UD99feb17summary.wpd PARK DEVELOPMENT FEE CREDIT ORDINANCE NO. AN ORDINANCE AMENDING SECTION 15.82.020 and ADDING SECTION 15.82.065 TO TITLE FIFTEEN OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARK DEVELOPMENT FEE CREDIT FOR MULTIPLE-SERVICE MEDICAL AND RECOVERY CARE FACILITIES. WHEREAS, the City of Bakersfield initiated tk Title 15, Buildings and Construction, of the Bakersfield Municipal ~ment fee credit for multiple-service medical and recovery care faci ; and WHEREAS, the ordinance was found toi ,m General Rule, Section 15061(b)(3) of the State CEQA ~nd the law a~ ~ons set forth in CEQA and City of Bakersfield's CEQA Im have en duly followed by city staff, and this Council; and WHEREAS, as currently required in ~t living residential units are subject to payment of said fee; and WHEREAS, the Urban Devel Council considered whether to allow a reduced amount of by independent living residential units at their August a~ s, and February and March, 1999 meetings; and WHEREAS, said City Council approve an addition and amendment to Chapter icipal Code allowing credit towards the park deveh ent fee for service care facilities; and 3mittee i~ opinion that such independent living units as part recovery care facility could be considered as having a lesser im comparable open space and recreational amenities withi~ Council has considered and hereby makes the following findin 1. the foregoing recitals, incorporated herein, are hereby found to be nd correct. project is exempt from CEQA in accordance to State CEQA 15061(b)(3), general rule. 3. This ordinance is in the public interest. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section E is hereby added to Section 15.82.020 of the Bakersfield Municipal Code to read as follows: E. "Multiple-service medical and recovery care facility" means a facility that includes skilled nursing beds, assisted living, and independent living apartments, described as follows: 1. Skilled nursing is commonly known as nu providing around the clock nursing care :lministrators, nurses, nurse assistants, re~ ivity directors and staff development and facilities generally offer care one st ~=low a 2. Assisted living provides ~onal care the ambulatory, but frail I living iment where residents receive assistance, supportive services and health care. assistance in one or more activities such as housework, meal preparation, eating, s dre lhing. The level of care is a median he dependent (congregate) Ii, 3. Inde ring u~ congregate care, are a self-cc les a kitchen, and has supp, ~uch as .=al service, housekeeping, m~ and social and recreational for residents. An independent living ~ :iai dwelling unit which is subject to this ipter. SECTION 2. Municipal Code is hereby added to read as follows: 15.8 Park Fee credit for multiple-service medical and recovery care A. Only on, 'the two types of credit allowed under this section shall be given. An a seeks credit under this section shall be required to submit a letter mai request to the Planning Director as part of an application for a zone le to a PUD (Planned Unit Development) zone. The letter must specifically :e which type of credit is being requested; enumerate how the facility meets each of the criteria listed in this section; include a copy of the floor plan(s); a site plan identifying the recreational and open space facilities, including acreage and square footage of said facilities; and other reasonable documentation the Planning Director, or his designee, may request to make a determination whether the request meets the requirements of this section. B. Each residential independent living unit as part of a multiple-service medical and recovery care facility which satisfies the following criteria shall pay fifty percent (50%) of the amount of the adopted park development fee. 1. Demonstrate that the facility is a multiple-service medical and recovery development that includes skilled nursing, assisted living and independent living units, as defined in Section 15.82.020.E. of this Code; and 2. The applicant or developer enters into an a City of Bakersfield to provide and develop en recreational facilities; and 3. The facility provides open space and/or recreation covenants, restrictions or other by t The recorded instrument shall and and may n~ ,ended without prior written approval of tt 4. The facility must have a ' ' ,t living units, and the number of independent living shall n 30% of the total number of units and/or ultiple- and recovery care facility; and 5. The facility shall following for the independent livir a. A outdoor open space, garden, or otl ~oor activity area that is "usable." The ,nably adaptable and improved for use ~' iark and purposes taking into consideration such as si; :, topography, geology, access and location en space. Areas required by zoning or building such as yard, setback, landscaping, parking, and basins shall not be used as any part of the gardens or other outdoor activity area proposed to ,e requirements of this section. b. recreation room for exercise, arts and crafts, and other activities. Size of room shall have a minimum capacity of fifty (50) people. Swimming or therapeutic pool. d. Amphitheater or auditorium. e. Indoor gym for activities such as basketball, badminton and volleyball. f. Indoor courts for such activities as racquetball or handball. g. Running or walking track or trail with specialty surface. 3 h. Multiple station exercise par course. I. Golf course Other comparable facility as approved by the planning commission or city council. C. Each residential independent living unit as part of a multiple-service medical and recovery care facility which satisfies the following criteria shall not b uired to pay the adopted park development fee. 1. The facility shall meet the requiremenl and 3 of Section 15.82.065(B); and 2. The facility must have a ' ' 120 number of independent living uni number of units and/or beds of t[ medi~ care facility; and 3. The facility shall provide an indo, for exercise, arts and crafts, and other group living unit residents. Size of room should have a ' ' m people; and 4. In addition to the inde 15.82.065 (C)(3), the facility shall provide or recreational amenities from a. No 'es of o~ open space, garden, or other sp~ outdo¢ area that is "usable." The oL ~ably adaptable and improved for use urposes taking into consideration such as sii topography, geology, access and location )pen si: Areas required by zoning or building s such as yard, setback, landscaping, parking, and etention basins shall not be used as any part of the ardens or other outdoor activity area proposed to requirements of this section. as listed commencing with Section 15.82.065 (B)(5)(b). D. At the o applicant, the full amount of the fee, which does not include said described in paragraphs B and C above, may be paid at the time of issua the building permit for any independent living unit. Subsequent to of the fee in full, and if the city council approves a PUD (Planned Unit zone change that includes open space and recreation facilities ~t meet the requirements of this section, the applicant may submit a written request for refund of fifty percent (50%) or one hundred (100%) of the fee paid, subject to the criteria listed in this section, and a refund shall be issued to the applicant or appropriate payee. However, said request must be made within three (3) months of issuance of a Certificate of Occupancy for the building containing independent living units. If no request is made within said time period, this credit becomes void, and no refund shall be made. 4 E. The appeal procedure for this section shall be in accordance with Section 17.64.090 of the Bakersfield Municipal Code. SECTION 3. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ......... o0o ........ I HEREBY CERTIFY that the foregoing nd adopted by the Council of the City of Bakersfield at a regular meeting ,, by the following AYES: COUNCILMEMBER CARSON, DEMOND, NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY COl APPROVED BOB PRICE, MAYOR CITY OF APPI BART J. THI CITY BY: rney 5 PARK LAND DEDICATION IN-LIEU FEE CREDIT ORDINANCE NO, AN ORDINANCE AMENDING SECTION 15.80.020 and ADDING SECTION 15.80.125 TO TITLE FIFTEEN OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARK LAND DEDICATION IN-LIEU FEE CREDIT FOR MULTIPLE-SERVICE MEDICAL AND RECOVERY CARE FACILITIES. WHEREAS, the City of Bakersfield initiated ti' .~nd Title 15, Buildings and Construction, of the Bakersfield Municipal dedication in- lieu fee credit for multiple-service medical and recovery acilities WHEREAS, the ordinance was found to m General Rule, Section 15061(b)(3) of the State CEQA ~nd the law a~ ons set forth in CEQA and City of Bakersfield's CEQA Im en duly followed by city staff, and this Council; and WHEREAS, as currently required in ~t living residential units are subject to dedication of land at 2.5 0 popu of an in-lieu fee; and WHEREAS, the Urban De' Council considered whether to allow a reduced amount of ,e paid by independent living residential units at their ngs, and February and March, 1999 meetings; and WHEREAS pursue a similar ordinance to allow a reduced land fee; ~mittee recommends the City Council approve an addition and ame~ Bakersfield Municipal Code allowing credit towards the park land ~service medical and recovery care facilities; and Cot ittee is of the opinion that such independent living units as part and recovery care facility could be considered as having a )act on parks provided comparable open space and recreational am~ .~s within the faci f; and the City Council has considered and hereby makes the following '~;~ I~I~ i~! !! I ~i~i~:..!~~' All of the foregoing recitals, incorporated herein, are hereby found to be 2. The project is exempt from CEQA in accordance to State CEQA Guidelines Section 15061(b)(3), general rule. 3. This ordinance is in the public interest. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section E is hereby added to Section 15.80.020 of the Bakersfield Municipal Code to read as follows: E. "Multiple-service medical and recovery care means ~cility that includes skilled nursing beds, assisted living, and independent living ap, as follows: 1. Skilled nursing is as nul providing around the clock nursing staffed nurses, nurse assistants, and staff development Skilled nul generally offer care one a general acute ii. 2. Assisted living provides a al care primarily to serve the ambulatory, il living environment where residents rtividual ce, supportive services and heall as in one or more activities housework, meal preparation, ind bathing. The level of care ~s a and independent 3. IndE Jnits, al as congregate care, are a se ch includes a kitchen, and has s, ~ meal service, housekeeping, medical, and social and recreational wh: cailable for residents. An independent living as a residential dwelling unit which is subject to this SECTION 2. the Bakersfield Municipal Code is hereby added to read as Park La Dedication In-Lieu Fee Credit for Multiple-Service Medical and Reco~ Care Facility. ~.~"0ne of the two types of credit allowed under this section shall be given. An l!?!~?~iiapphcant who seeks a credit under th~s section shall submit a letter requesting "~ll!!!!l!!!!?:iiiii~:~-i!iiiiiiiii~iiiiiiii'~;i;~"said credit concurrently with the application for approval of a tentative subdivision map, or parcel map waiver. The letter must specifically state which type of credit is being requested, enumerate how the facility meets each of the criteria listed in this section; include a copy of the floor plan(s), a site plan identifying the recreational and open space facilities for credit, including acreage and square footage of said facilities; and other reasonable documentation the Planning Director, or his designee, may request to make a determination whether the request meets the requirements of this section. B. A multiple-service medical care and recovery residential facility may receive a fifty percent (50%) credit on the amount of the park land dedication required for the development provided the project satisfies all of the following criteria: 1. Demonstrate to the satisfaction of the advisory facility is a multiple-service medical and recovery development that in( skilled nursing, assisted living and independent living ca ,~d in Section 15.80.020.E. of this Code; and 2. The facility is part of an approved pment) zon. or said credit may be approved o~ conditi¢ Development) zone change for ti City Council within 3 months of the fina 3. The facility provides for and preservation of the recreation open space by ;ment, covenants, restrictions or other instrument 'Attorney. The recorded instrument shall run the lan be amended without prior written appr ;ity. 4. The facility must hat lent living units, and the number of indepe ;xceed 30% of the total number of units service medical and recovery care facility; 5. The ~ark, open space, garden or other s iicated ~at is "useable" for passive or active ~ctivity acre in size or at least fifty percent total park land dedication required, whichever is ~n space area shall be reasonably adaptable for use as al purposes taking into consideration such factors as geology, access and location of the open space. ,.oning or building ordinances such as yard, setback, 'king, and drainage or detention basins may not be used open space, gardens or other outdoor activity area p~ satisfy the requirements of this section. C. residential independent living unit as part of a multiple-service and recovery care facility which satisfies the following criteria not be required dedicate land for public park or pay a fee in-lieu of land dedication as required by Chapter 15.80 of the Bakersfield Municipal Code. 1. The facility shall meet the requirements of subsections 1, 2, and 3 of Section 15.80.125(B); and 3 2. The facility must have a minimum of 120 independent living units, and the number of independent living units shall not to exceed 50% of the total number of units and/or beds of the multiple-service medical and recovery care facility; and 3. The facility shall provide an on-site park, open space, garden or other specially dedicated outdoor area that is "useable" as defined in Section 15.80.125 (B)(5) in at least in the amount of acreage as calculated in accordance with Section 15.80.070 or a minimum of two al whichever is greater. 4. The facility shall provide an indoor ;rcise, arts and crafts, and other group activities nit residents Size of room should have a mini 5. In addition to the park or and the in( ~n room, the facility shall provide at atior~ ~ity as follows: a. Swimming or thera b. Amphitheater or c. Indoor gym badminton and volleyball. d. Indoo for. as racquetball or handball. e. r with specialty surface. f. iiple stati par course. rse facility as approved by the planning or city council. At the the full amount of the fee, which does not include said in paragraphs B and C above, may be paid at the time of recordati, map or certificate of compliance. Subsequent to re~ of a final map or certificate of compliance, and within 3 months of date o of said documents, the applicant may submit a written rec refund of fifty percent (50%) or one hundred (100%) of the fee paid, the criteria listed in this section. Such a request must be made within months of recordation of a final map or certificate of compliance. If no "request is made within said time period, this credit becomes void, and no refund shall be made. 4 E. The appeal procedure for this section shall be in accordance with Chapter 16.52 of the Bakersfield Municipal Code. SECTION 3. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ....... 000 ........ I HEREBY CERTIFY that the foregoing Ordin~ adopted by the Council of the City of Bakersfield at a regular meeting , by the following w AYES: COUNClLMEMBER CARSON, DEMOND, NOES: COUNClLMEMBER ABSTAIN: COUNClLMEMBER ABSENT COUNClLMEMBER CITY CLERK Ex I~ the il c Baker APPROVED BOB PRICE, MAYOR CITY OF BAKERSFIELD APP BART J. CITY BY: CARL HERNANI Assistant City S:\JENG\oprkland2.wpd February 25, 1999 5