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Home My WebLink About09/17/2001 BAKERSFIELD David Couch, Chair Sue Benham Mike Maggard Staff: John W. Stinson URBAN DEVELOPMENT COMMITTEE of the City Council - City of Bakersfield Monday, September 17, 2001 1:00 p.m. City Manager's Conference Room, Suite 201 Second Floor- City Ha11,1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT AUGUST 20, 2001 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee recommendation regarding New Zone for Commercial Development - Hardisty .... B, Discussion and Committee recommendation regarding Ha!.fway Houses, Rehab and Boarding Facilities- Hardisty 5. NEW BUSINESS A, Discussion and Committee recommendation regarding Elevated Tree/Play Houses - Hardisty 6. COMMITTEE COMMENTS 7. ADJOURNMENT S:~JOHN~Urban Dev2001\ud01sep 17agen.wpd DRAFT BAKERSFIELD Alan Tandy, City Manager Sue Benham Staff: John W. Stinson Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMITTEE MEETING Monday, August 20, 2001, 1:00 p.m. City Manager's Conference Room - City Hall 1. ROLL CALL The meeting was called to order at 1:05 p.m. Present: Councilmembers David Couch, Chair; Sue Benham; and Mike Maggard 2. ADOPT JULY 9, 2001 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee recommendation regarding dust control and proposed ordinance changes - Stinson Assistant City Manager John Stinson reported the Development Streamlining Task Force (Task Force) and other interested parties have been meeting on the dust control issue. At the last meeting it was suggested a change be made to the City ordinance regarding weed abatement to provide for mowing rather than discing of land in residential and other areas, which might be affected by blowing dust. The proposed change t° the ordinance would clarify the authority of the Fire Chief through Code Enforcement to require the mowing of vegetation as opposed to discing in certain types of soil conditions where discing may cause a dust problem. This would not be required Citywide, but on a case- by-case basis depending on· the time of the year and nature of the soil type. This ordinance would not address agricultural operations as the City is precluded by State Law from regulating agriculture. The Task Force will continue to meet on other aspects of dust control regarding grading and other types of work. The proposed changes to the weed abatement ordinance would only affect properties after Code Enforcement deems there is a fire hazard and is issuing an order to abate the URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday,pa§~ -2- August 20, 2001 DP. AFT weeds. When the order is issued, the Fire Chief through Code Enforcement would have the authority to require mowing instead of discing in order to mitigate dust. Staff recommended the change to the ordinance since the City in its efforts to abate weeds for fire control purposes, should not be creating dust problems. If property owners on their own decide to disc weeds, this ordinance would not regulate that activity. Attorney Frank Gordon spoke regarding information that was discussed at the Task Force meetings and expressed the changes to the weed abatement ordinance are not strong enough as it only applies to plowing/mowing when the City is ordering weed abatement. He suggested for open land, other than agriculture regulated by State Law and construction sites regulated by the Air Pollution Control District, it be made a public nuisance to disturb land in excess of one or two acres. Mr. Gordon gave the Committee copies of an ordinance he had drafted. Roger Paulson, DVM, spoke and showed snapshots of dust damage to the roof and . swimming pool at his home. He suggested checking With the Cities of Albuquerque, Dallas, Las Vegas and Phoenix who have had chronic dust problems for copies of their ordinances on dust control. He expressed that the Task Force meetings on dust control should have included technical expertisel people from the medical and environmental community, and provided written materials on erosion control and particulate matter. The Committee discussed the role of the Air Pollution Control District having to do with stationary sources and most of those limited to commercial activities/enterprises, which affect the development community, but currently limited on agricultural properties. Development standards are already in place through the San Joaquin Valley Air Pollution Control District for permitting and enforcement authority and Ag Rules are in place for agriculture. This leaves the City with a very narrow margin of control and much of what is being requested of the City to control, by statute, is not under the City'S area of regulation. Committee member Maggard explained because the City's role is very narrow with control only over lands not covered by State Law (agriculture) or development under the control of the Air Pollution Control Board leaving only open land and private property, it would be hard to conceive of an activity that would generate enough dust to warrant the City creating a law to tell someone you cannot disturb dirt on your property. The Urban Development Committee unanimously took the follow action: Directed staff to call the Air Pollution Control District for information to be discussed at the Task Force regarding when developers purchase land, which is still being farmed and considered agriculture, who has jurisdiction over dust control; Referred the issue on the distances from developed residences for properties to be mowed - one-quarter or one-half mile - to the Task Force; URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, August 20, 2001 DEAFT Page -3- Encouraged Dr. Paulson to invite people from the medical and environmental community to the next Task Force meeting; Referred the draft ordinance provided by Mr. Gordon to the Task Force; and Directed staff to call the cities, suggested by Dr. Paulson, to obtain copies of any ordinances they have on dust control. The Committee unanimously approved the changes to the weed abatement ordinance and directed staff to forward the ordinance to the City Council for first reading. 5. NEW BUSINESS A. South Valley Bicycle Coalition presentation John Lotze and Ron Jones, South Valley Bicycle Coalition, gave a. presentation on "Projects to Improve Facilities for Bicyclists in Bakersfield" in order to inform the Committee about some of the projects they are working toward and to gain support. Project 1. Increasing signal timing at' key intersections to accommodate average bicyclists.. Currently many major intersection signals are timed at very short intervals and are difficult for bicyclists, especially children and novice bicyclist, to get across in time, especially left turns. They are currently working with city traffic engineers to study the problem. Project 2. Placing high-visibility signs alerting motorists to the presence of pedestrians and bicyclists at key locations. These signs have been approved by Caltrans. Caltrans has installed one such sign on 24th Street. They would like the City to install more, particularly around schools and on routes commonly used by bicyclists. Public works staff has been 'working with them. Project 3. Working on better, safer Kern River bike path access at the intersection of Truxtun and Mohawk. Public Works staff explained this intersection is not completed and will not have a green signal light on Mohawk going north across Truxtun until Mohawk crosses. There are timing issues as Truxtun Avenue is so heavily traveled. The current signal is not designed for traffic moving north. When the Bike Path entrance was built, it was deliberately planned that bicyclists would need to walk their bikes across Truxtun Avenue until Mohawk crosses and then there will be a signal light. The pedestrian crossing seems to be working safely. DRAFT AGENDA SUMMARY REPORT Mondsy, August ~0, ~001 P~ge -4- Project 4. Ensuring bicycle access on Hageman Road to and from the north downtown area when Hageman is extended across Freeway 99. This is a future Caltrans project. From an engineering standpoint, staff explained this would be complicated as there will be on-ramps that bicyclists would have to cross. During the design phase, Public Works staff will have more information. It was brought up when public utilities are working on roadway pavement, they leave the bike lanes in rough condition. Assistant Public Works Director Jack LaRochelle . explained we have an agreement with the utilities and if the City receives complaints, we can call the utilities and have them maintain their patches. The Committee thanked the Bicycle Coalition representatives for the excellent presentation. Public Works staff shared contact phone numbers. B. Discussion and Committee direction to staff regarding joint meeting of the Urban Development and Planning Commission Committees Committee Chair Couch explained he referred this as he would like to have more information, perhaps minority reports, on why some Commissioners are not in support of general plan amendments and zone changes when there is a split vote by the Planning Commission members. The Urban Development Committee gave staff possible dates of September 10th, 17th or October 1st at 1:00 p.m. for a joint meeting. The Planning Commission Committee members are Boyle, Tragish and McGinnis. Planning staff will confirm a date. 6. COMMI'n'EE COMMENTS 7. ADJOURNMENT The meeting was adjourned at 2:50 p.m. Attendance - staff: City Manager Alan Tandy; Assistant City Manager John W. Stinson; City Attorney Bart Thiltgen; Assistant Public Works Director Jack LaRochelle; Development Services Director Jack Hardisty; Deputy City Attorney Andrew Thomson; Public Works Traffic Engineer Steve Walker; and Building Director Dennis Fidler. Others: Frank Gordon, Attorney at Law; John Lotze, South Valley Bicycle Coalition; Ron Jones, Kern County Superintendent of Schools/South Valley Bicycle Coalition; Brian TOdd, BIA of Kern County; Fred Porter, Porter-Robinson Engineering; James Burger, reporter, The Bakersfield Californian and Roger Paulson, DVM. cc: Honorable Mayor and City Councilmembers S:~lOHN\Urban Dev2001\ud01aug20summary,wpd June 14,2001 TO: CHAIRMAN AND MEMBERS OF THE URBAN DEVELOPMENT COMMITTEE ~ FROM: JACK HARDISTY, DEVELOPMENT SERVICES DIRECT SUBJECT: COMMERCIAL ZONE DISTRICTS Commercial zoning by the City is divided into five districts: 1. Professional and Administrative Office zone (C-O) 2. Neighborhood Commercial zone (C-1) 3. Regional Commercial zone (C-2) 4. Central Business Zone (C-B) 5. Commercial Center Zone (C-C) The Central Business zone (C-B) was drafted for the downtown business core while the Commercial Center zone (C-C) is used for property intended for more intensive mixed use commercial projects within the Downtown Redevelopment Project Area. Neighborhood Commercial zones permit some uses that are similar to uses in the Regional Commercial zone, but with more restrictions. An example is drug stores which are allowed in both zones, however 'the outside nursery sales would only be allowed in the C-2 zone. Another example is fast food restaurants which are allowed in both zones, however the speaker box would only be allowed by right in the C-2 zone. The attached Table "A" provides a view of the commercial zone districts used by the City of Bakersfield. The uses in typical neighborhood centers common to both the C-1 and C-2 zones are highlighted. There are permitted uses within the C-2 zone that create concern from neighboring property owners when confronted with a proposed zone change. These concerns involve permitted building heights and uses such as crematoriums, sanitariums and hospitals. Possible solution to these concerns are as follows: 1. Create a new zone district that falls between Neighborhood Commercial (C-1) and Regional Commercial (C-2) Zones. Place in that zone the uses that are deemed not to be regional in terms of market area. Use this zone for future zone change request where the site may not be suitable for neighborhood or regional commercial developments. 2. Redefine the Regional Commercial Zone (C-2) as the Community Commercial zone. Create a third zone classification (C-3) and define it as the Regional Commercial classification. Place in that zone the uses deemed undesirable in the existing C-2 zone. Transferring permitted uses from one district to another will create non- conforming uses. These uses will have difficulty expanding if they desire to do so at their present location. For example, if we move funeral services from C-2 to C-3 they will lose the right to expand their business at their present location because the use would no longer be permitted by right in a C-2 zone. If this occurs the city could use one of the following methods to address concerns: 1. Sunset Provision - Allow non conforming uses to continue with the same rights they had before the creation of the new zone. This would be allowed for a specified period of time after which they must conform to the requirements of the new zone. 2. Tiering Provision - Create a grouping of desired uses from the list of permitted uses in the C-2 zone. New zone changes would be permitted only those uses. Notation on the zone map would C-2 tier 1 or some hyphenation added to C-2 to differentiate uses permitted in new zones from those permitted in existing zones. 3. CUP Consideration - Allow expansions of non conforming uses resulting from new zone classification that could otherwise be accommodated on the existing site. The expansion must comply with adopted standards without zoning modifications or needing to acquire additional land. SCG:pah Attachments S:\STANLEY~commercial zone districts 2.wpd TABLE"A" C-O C.1 C-2 C-B C.C 60 fe=-~ max building height 60 feet max building height 90 feet max building height max building height = none 180 feet max building height Any use ii,ed in rite uses permitted Any use listed in the uses permitted Any use listed in the uses permitted Any use listed in the uses permitted section In the C-O zone section in the C-O and C-1 zones section in theC-O, C-1 and C-2 zones sention In the R-3, R-4, C-O, C-1 and C-2 zones, except those uses permitted in the R-1 and R-2 zones as referenced; 1.Acco~G,g, auditlng, tax l.A~F~.land~ce~-yspe~lalty l. Adult entertainment establishments 1.Bus, tmin and other transit station, l. Apartment hotel, rooming house, preparation and bookkeef~ng shops, does not Include large scale as defined in Section 17.69.020 and provided that transit vehicles are not .single room occupancy, services, chain department stores, subject to the regulations of Chapter stored on-site and no repair work or 17.69, servicing of transit vehicles is conducted on-site, 2. AdveF~;~,g a~-,c~es. 2. Au~,,~,c, blle ~-vfce itatiens, 2. Apparel and accessory stores, 2. News/magazine stand, 2. Bus, train and other transit station, Inclucllng convenience markets but 3rovlded lhat transit vehicles are not excluding truck stops, stored on-site and no repair work or servicing of transit vehicles is conducted on-site, 3. Banks, sae~i-~s and loans, credit 3. Bakery, retail °nly, 3. Appliance store, Including !3. Nightclub, cabaret, bar, cocktail 3. Parking garage or surface lot, unk~-r3 and o~er financial Institutions. stoves, refrigerators, washers, lounge or other establishment selling dryers, and other electric or gas alcoholic beverages for on-site appliances, Including repair, consumption where such use, including entertainment, Is the primary business, 4. Bus~,-~ end manage~nent !4. Book and stationery store, 4. A-ic,T~obile accessory or pert 4. Parking garage or surface lot, 4. Police, fire and other emergency consuffing services, stores, Including stereo, phone, fire, service alarm centers, upholstery and tune-up specialty shops but excluding heavy or major mechanical work and all body or peint , work, and where all work Is conducted inside a building, 5. Business and p~f~;c,-,al 5. Candy, nut and c-.~ectionery store, 5. Aa{u,~obiia dealership, new and 5. Police, fire and offter emergency 5. Post ofrme and other courier or membe~ organizer,:ms, used, service alarm centers, 3arcel delivery service, 6. Co,T,T~e~c{a~ertand§rap,%~desi~. 6. {~h~ ;=;,, ,as tree seles, llmited 6. Automobile rental agency, including 6. Post office and other courier or 6. Sidewalk use, including but not between November 15 to Decernbar Ilmouslne service, )arcel delivery servtce, limited to outdoor seating, subject to 26 each calendar year, issuance of an encroachment permit; 7. CO~-i-=T~-C{aJ pho~c,,~raphy, Including 7. Church, exc{udlng schools, 7. Bowling center, billiards, 7. Sidewalk use, including but not C. Mixed combinations of uses portrait studios, limited to outdoor seating, subject to allowed In subsections A anti ~, above Issuance of an encroachment permit; 'ara permitted; TABLE'A" G43 C-1 ~2 C-B ~C 8. Compute~ programming and data 8. Cosmetic store, [ 8. Camera and photogra~,hlc supply, C. Resk;e,-,~Jal uses provided they are D. Accessoq buildings, Stn__,c~.r-~ or xocesslng services, located In the second story or above; uses necessary to support the ~rinclpal use located on the same lot or parcel of land. 9. Consumer credit repodtng and 9. Drugstore~ pharmacy, 9. Card room, bingo parlor, D. Mixed cxTa~binations of uses allowed In subsections A and B above are permitted; 10. Day care nursery. 10. Fabric, yardage store, 10. Carpet and upholstery cleaners, E. Accessory buildings, structures and uses necessary to 'support the principal use located on the same lot or parcel of land. 11. Detective and security systems 11. Florist, 11. Carwash, detailing, 12. Direct mall advertising services. 12. Fireworks sales, limited between 12. Computers and computer software June I and July 5 each calendar year, store, 13. En~ agency and help 13. Garment cleaning, pressing, 13. Department store, _~_%ply services, alteration and repair,' 14. Engineering, surveying, 14. Oroe~ry stores, Including meat, 14. Farmers market; provided it is archRectural and environmental fish, frul~ vegetabl~ delicatessen conducted on a paved surface, shall plannh~g senecas, and convenience stores, not be operated more than two days 3er calendar week, has been certified by the Kern County agricultural commissioner, and that adequate parking is available through joint, shared or other arrangement as approved by the planning director pursuant to Chapter 17.58, 15. Family and social service, clinics 15. Hair styling shop and beauty 15. Floor covering store, and centers, salon, Including tanning salons, 16. Governmental servicas and 1& Interior decorating, Including 16. Funeral services, including a admln~atk)n, ~a:lud~g Irorades, drapery, curtain and upholstery crematory provided it is incidental to museums, galleries and Judicial sales, the main use, oourt~ police, tim, and other 17. Insurance senecas. 1?,Jewelry, watch, olocl~, 17. Fumlture store, Including rental, e//verware, co/ne and gemstones Including repelr, 18. LegaJ services, l& Laundromat, 18. Garage for public or commercial parking, 19. Management and public relations 19. Liquor ~tore, :~ 19. Gift, novelty and souvenir store, senaces. 2 TABLE"A" C-O C-1 C-2 C-B C-C .~ 20. Medk~al, dent~, psychHl~c and 20. Locksm~, 20. Hmrdvvare ~tore, Including home other hsalth practitioner offices and building and garden supply, clintc~, Including chiropractic, acupuncture, massage therapy and 21. Medical and dental laboratories. 21. Newspaper, magazine store, 21. Hobby, toy an~d game store, 22. Mortgage, loan and pemcr~l credit 22. Pet and pet supply store, Including 22. Home furnishings, Including Institutions. grooming services, kitchenware, glassware, lamps and lighting, and fireplace Inserts, 23. Palm reading, fortune telling, 23. Photocopying and duplicating 23. Hospital, sanitarium, 24. Pharmacies, in conjunction with 24. Photographic shops and 24. Hotel, motel, including restaurants, medical clinics, developing services, bars and cocktail lounges provided they are Incidental to the main use, 25. Post office and other courier or ;25. Physical fitness facility, 25. Luggage and leather goods, i p=~ ~ servicos. 26. Public and private utility 26. Private service clubs, lodges, 26. Military surplus store, 27. Real estate development, sales 127. Restaurants and related eating 27. Motion picture theater and and property management services. ~tsces, excluding on-site alcohol auditoriums, excluding drive-in, sales, entertainment or drive-through ~w'vlce, 28. Secretarial and court reporting 28. Resthome, convalescent home, 28. Motorcycle dealership, new and services, adult care facility, residential care used, facility as defined In Section 1502 of the Health and Safety Code of the State of California, 29. Telecommunications 29. Temporary promotional activity as 29. Musical instrument store, administration, defined in Section 17.04.610, 30. Television, radio and cable 30. Tobacco store, 30. Nurseries, 31. Tit~e and escrow offices. 31. Video dtsldtape rental, 31. Paint, glass and wallpaper store, 32. Travel agencies. 32. Veterinary (small animal only), 32. Pool and spa sales, provided there excluding kennel services, is no outside storage of material, '33. Trusts and Investment agencies. 33.'Shopping centera. 33. Radio, television and other consumer electronics store, Including repair, B. ~ buildings or structures C. Accessory buildings or structures 34. Record, tape, disk and other necessary to such use located on the necessary to such use located on the i pre-recorded music and video store, same lot or parcel of land. same lot or parcel of land. 3 TABLE"A" · emporary ng . ng or use caret· eror ~rant pod·hie, modular or prefabricated night security, or as accessory and places, Including drive-through stnJclures constn~ed In conformance Incidental to the permitted use on the services ·nd ou-slte alcohol sales wllh lhe uniform codes adopted by the ~arce{. when served together with and city (Title 15 of this code) and not Incidental to the serving of food, or attached to pMTnanent foundations ! In · cocktail lounge or bar which Is may be ar~wied for a period not to ~ an accessory use to the restaurant, exceed two years, plus one-year Including entertainment, extension subject to the approval of the plannIng commission. D. Dwelling for use by caretaker or E. Temporary offices, including 36. Sewing, needlework and piece night secuflty, or as accessory and portable, modular or prefabrioated good store, Incidental to the pen~nitted use on the stnJctures constnJCted In conformance parcel, with uniform code adopted by the city ('rifle 15 of this code) and not attached to permanent foundations may be allowed for a period not to exceed two years, plus one-year extension subject to the approval of the planning commission. F. The specified store, shops or 37. Skating rinks, businesses In subsection B above, shall be 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 condilions: 1. Such stores, shops or businesses, 38. Sporting goods, including bicycles, except automobile service stations, camping equipment, firearms, skiing shall be conducted entirely within an and golf, enclosed building. No outside storage of materials is permitted. 2. Products made ;r~cide,3~al to · 39. TaXidermist, 3ermltted use shall be sold at retail on ihe'premises. TABLE"A" C-O C-1 C-2 C-B C.C ~, 3. Ail public entrances to such stores, 40. Theater, cinema, excluding shops or bustnesses ~hall be from the drive-in, principal street upon which the property abuts or within one hundred feet thereof, except that a rear or side entrance from the building to a public pad(lng area may be provided. 4. The accessory buildings or 41. Trade, vocational or specialized structures necessary to such use school, located on the same lot or parcel of land, Including a storage garage for the exclusive use of the patrons and employees of the above stores or businesses. 42. Used merchandise, including antiques, books, furniture, thrift shops, and pawnshops, 43. Variety store, 44. Video arcade; C. The accessory buildings or structures necessary to such use located on the same lot or parcel of land; D. Dwelling for use by caretaker or night security, or as accessory and Incidental to the permitted use on the ~ parcel. 5