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HomeMy WebLinkAbout08/20/2001 BAKERSFIELD David Couch, Chair Sue Benham Mike Maggard Staff: John W. Stinson URBAN DEVELOPMENT COMMI'I-FEE of the City Council - City of Bakersfield Monday, August 20, 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 JULY 9, 2001 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee recommendation regarding dust control and proposed ordinance changes - Stinson 5. NEW BUSINESS A. South Valley Bicycle Coalition presentation 1. Committee discussion and direction to staff B. Discussion and Committee direction to staff regarding joint meeting of the Urban Development and Planning Commission Committees 6. COMMITTEE COMMENTS 7. ADJOURNMENT S:~JOHN~Urban Dev200 l\ud0 laug20agen.wpd BAKERSFIELD Sue Benham Staff: Alan Christensen Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMI'I'rEE Special Meeting on Monday, July-9, 2001 6:00 p.m. Council Chamber - City Hall 1. ROLL CALL The meeting was called to order at 6:05 p.m. 2. ADOPT MAY 14, 2001 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Transportation Development Fees 1. Presentation by Public Works Department 2. Discussion and Committee Recommendation Assistant Public Works Director Jack LaRochelle stated the Transportation Impact Fee is proposed to be increased by 6.7% to reflect changes in the Construction Cost Index from 1997 to 2000. The ordinance covering the Transportation Development Fee Program provides for this increase to the fees; however, there have not been any increases for several years. Staff is also proposing the fee adjustment be made automatically each year in the future to reflect changes in the Construction Cost Index and this language has been added to the proposed ordinance. Staff has been in contact with representatives of the Building Industry Association (BIA), and the BIA is in support of the proposed increases to the fee schedule and also the automatic yearly adjustments. Staff recommended adoption of the fee schedule with the increases and adoption of the proposed ordinance with the change to include automatic yearly adjustments to reflect changes in the Construction Cost Index. URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, July 9, 2001 Page -2- It was discussed that the cost of the improvements will also increase to be consistent with the higher fee and this will enable more credit back to .developers who build facilities on the Transportation Impact Fee List, as well as-collect a fee more in line with actual costs. The Committee thanked staff for their work and unanimously approved staff's recommendation and forwarding the T-ransportation Impact Fee Sch6dule and the ordinance with the proposed .language changes to the City Council for adoption. B, URS Greiner Study 1, Presentation by Public Works Department 2. Discussion and Committee Recommendation Assistant'Public Works Director Jack LaRochelle provided an update. Approximately one year ago, Kern COG, CalTrans, the County of Kern and the City of Bakersfield commissioned URS Greiner Corporation to do a systems study for the Metropolitan Bakersfield area. It was a systems approach to study different transportation elements and how to connect the facilities, including the westside freeway/Route 58 project to State Route 99, the Centennial Transportation Corridor through downtown and on to Highway 178, and other various roadways such as State Route 204/Golden State Avenue. URS staff has been working .with a Project .Development Team including staff from Kern COG, CalTrans, the County and the City. There have been public outreaches to receive input from various groups and citizens' throughout the entire prOcess. The team came up with 21 alternatives to start with and that number has been narrowed down to five. Each alternative was reviewed for consistent elements to include and/or improve Oak and 24th Streets, 24th Street.east to F Street, State Route 99 and 58 interchange, and the Hageman flyover. Alternatives were studied for cost, but also for disruption to the community. Reasons for alternatives being recommended for elimination included passing through environmental sensitive and habitat areas, excessive cost, taking of large areas of residential and/or commercial land, and connections that are not full-freeway interchanges. 'Mr. LaRochelle gave a presentation using video and actual board-mounted maps of the alternatives being recommended for elimination and the alternatives that are being recommended for.further.consideration. Dennis Bainbridge asked questions regarding the alignments and also why Alternative 15 costs more than Alternative 6. Committee Chair Couch responded Alternative 15 is more costly as in includes 38 miles of freeway versus 25 for Alternative 6. URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, July 9, 2001 Page -3- · Dennis Fox spoke regarding the freeway system and in favor of Alternative 15 as it utilizes .Seventh Standard Road. Burton Ellison for Westpark Homeowners Association spoke against Alternative 9 and requested that it be eliminated because the route bisects a stable, well-maintained, middle-class neighborhood and commercial area. It destroys 400 homes and many businesses. He spoke in support of Alternative 6 instead. Committee member Maggard assured the audience that Alternative 9 will not be recommended .by the Committee. Herman Ruddell for the Downtown'Business and Property Owners Associations (DBA) made comments and suggestions about the freeway system and explained while the DBA has chosen ·not to make specific recommendation of one freeway alternative over another, they ace committed to assessing and evaluating each .proposal in terms of 'leVel of service to and impact on downtown. Pam Baugher thanked staff-for coming up with the conclusion that Westpark is not the right place to put a freeway. Donald Lora spoke regarding the freeway study and in support of Alternative 15. Richard Watkins spoke .regarding the freeway study and the alignment ·he liked best is not one of the five being considered. He expressed concerns about starting the construction of the east-west freeway on the west end. Lisa Pollard spoke about making Rosedale Highwayinto a freeway down in the ground with retaining walls and frontage roads on the sides. There was discussion on the length of time it will take to build a system and as all the plans exceed our known budget, it is dependenton the availability of Federal and State funding. It could take up to 30 years to complete. However, if the City, County, the region and local community support the plan and present a common front to our-State and Federal Legislators, they could sponsor special legislation on our behalf and the time could be shortened-in 'half. Cash flow is :being-studied and before the Joint meeting on July 23~d, staff will provide a.reasonable plan that will show buildable, usable segments in a systematic approach. Staff suggested the parkway alignment between Highway 99 and Heath Road be chosen as.a starting point because a lot of the environmental work has already been done by the State and this would allow for starting the next environmental document for the-construction aspect. At the same time, within the current fiscal year, once the project study report is done, the prOposed plan is to put it in the State Transportation Improvement Program and begin the environmental process. Funding is already in place, almost $16 million. $2 million was used for the study, which leaves $14 million to go all the way through the environmental process and even be able to purchaSe URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, July 9, 2001 Page -4- some land. Available funding currently through 2014 is $600 million and would complete the parkway segment between Heath Road and Highway 178.within the two, 7-year funding cycles. Construction could be completed by 2017. It was noted the $60Omillion included an 8-lane freeway instead of a parkway, so there would be some savings. For improvements to 24th Street, the present .plan provides for a depressed 6-lane arterial that would be like a channel with sidewalls and frontage roads on both sides for local access. There will be bridges to connect the north side of 24th to the south side.of 24th. Present estimates are $40 million for this improvement between Oak and F Streets. At this point in time,it is-not a Cut and cover tunnel, which could be done but would add another $20 million to this segment. Computer renderings should be available in about two months. It was discussed.that we are looking at a proposal by the consultant and this system has not been designed as yet, so changes can be made. In a future meeting, the ~locations of.planned property acquisitions (approximately 350 residential and 520 commercial) will ~be detailed by parcel. It was discussed that the alignment for 7th Standard .Road could be moved about one-half mile north .of 7th Standard in more of an open area to be able to miss the residents that have expressed concerns. The plans show a corridor, which.can be moved and adjusted during the environmental process. It was explained that some widening' work on 7th Standard Road already has some funding. Because this alignment has non-metro area space, the Committee suggested perhaps we would be able to present a case to get monies from the non-urban portion of the split to be used 'for the freeway work for 7th Standard. There was-discussion ,regarding the recharge ponds and plans to mitigate the ponds being crossed with .other land and water at approximately a two or three to one ratio to recharge another system. Additional safeguards are being provided for drainage containment, so .any kind of spill would be contained and taken off site through sealed drain systems. This is included in the $600 million. There was .discussion regarding the oil refinery and soil contamination. It was e~<plained~that soil.samples were taken atdifferent depths for the proposed sewer trunk line on the north side .of the proposed parkway and very little or no oil contamination was found. There was some crude oil found, which-is not considered hazardous and easier to remove. Committee member Maggard stated that he is in favor of Alternative 15, but would like further discussion at another meeting on the phasing, particularly the downtown element. URBAN DEVELOPMENT COMMITTEE ~I~AFT AGENDA SUMMARY REPORT Monday, July 9, 2001 Page -5- Committee Chair Couch stated the total cost for Alternative 15 is approximately $1.5 billion and he supports Alternative 1'5-. He expressed the Committee should pick a plan and go with it and work on the funding and phasing subsequently. Committee Chair Couch stated he felt it would'be very important to start on a section that 'will actually connect and we know could .be built and used. He requested Public Works staffprovide him with the cost of starting the parkway at Allen~Road to Mohawk, complete Mohawk north to the .Hageman Flyover with improvements to State Route 204, .and.also the cost of 24th Street improvements from Oak to F street with a cut and · cover 'tunnel. Committee member :Benham agreed that Alternative 15 is preferred, but expressed conoerns with the 24th Street aspectand has questions on how theCentennial Corridor will actually be realized. She requested that the High School District .be contacted for their input. The Committee unanimously voted to eliminate Alternatives 3, 9 and 13 from any further consideration. And further, theCommittee unanimously agreed that Alternative 15 is the 'preferred choice and approved making that recommendation to the City Council and for Public Works staff to convey the recommendation to the Project Development Team meeting on Tuesday, July 10th. There was discussion that the July 18t~ City Council meeting agenda is very long, so -the Committee will not be-placing their recommendation to Council on that agenda. Thereis a Joint City Council/Board of. Supervisor-meeting on Monday, July 23rd at 5:30 p.m. and the 'Metropolitan Freeway Systems Study is on that agenda. 5. 'COMMITTEE COMMENTS 6. ADJOURNMENT The meeting was adjourned at 8:15 p.m. Attendance - staff: City ManagerAlan Tandy; Assistant City Manager Alan Christensen; City Attorney Bart Thiltgen; Public Works Director Raul Rojas; Assistant Public Works Director Jack LaRochelle; Development Services Director Jack Hardisty; and Public Works Civil Engineer Ted Wright. cc: Honorable 'Mayor and City Councilmembers S:~lOHN~Urban Dev2001\ud01jul09summary.wpd ORDINANCE NO. AN ORDINANCE AMENDING SECTION 8.28.025 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ABATEMENT OF WEEDS AND WASTE MATTER. WHEREAS, high winds (in excess of forty (40) miles an hour) occasionally occur over properties within the City of Bakersfield and adjoining areas; and WHEREAS, areas may exist on which no vegetation exists to prevent the soil from windblown disbursement; and WHEREAS, certain soil types tend to result in greater or more voluminous topsoil/silt/dust windblown disbursement; and WHEREAS, the City Council believes the public health, safety and welfare of the citizens of the City of Bakersfield, and the immediately adjacent areas, will be benefitted by mitigation of wind blown topsoil/silt/dust, and by effectuating dust control: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Bakersfield Municipal Code Section 8.28.025, entitled "Means of Abatement--Discretion of Fire Chief" is hereby amended, and shall read as follows: Except as the chief of the Bakersfield city fire department or his authorized representative (hereinafter in this chapter referred to. as the "chief") determines otherwise, the abatement of each nuisance described in Sections 8.28.010 and 8.28.020 shall be accomplished by the complete removal of all weeds and waste matter, as defined. The chief may, at his discretion, determine and direct that the nuisance be abated by removal of less than all such weeds and waste matter.. At his discretion, the chief may also dictate the manner by which such weeds are removed, including by mowing, discing or some other means. The chief may take action to abate the nuisance pursuant to the procedures set forth in Chapter 8.80 of this code. 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 I of 2 Pages -- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: HARVEY L. HALL, MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: ANDREW C. THOMSON Deputy City Attorney ACT S:\COUNClL\Ords\Dust\DustOrd.wpd -- Page 2 of 2 Pages -- SOUTH VALLEY COALITION www. southvalleybike.org Projects to Improve Facilities for Bicyclis ts in Bakersfield A presentation to the Urban Development Committee Bakersfield, California Monday, August 20, 2001 By Ron Jones, Program Specialist, Kern County Superintendent of Schools Share The Road Bicycle and Pedestrian Safety Program Certified Instructor, League of American Bicyclists and John Lotze Certified Instructor, League of American Bicyclists 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 bicyclists -- to get across in time. The Coalition has identified a number of intersections where an increase in signal timing is needed, and more are slated to be identified in the near future. (a list of intersections is posted on our Web site.) We are already working with city traffic engineers to study the problem. Bruce Deeter has been most helpful and has even ridden a few of the intersections with Coalition member Bailey Abbott. Bruce's tentative conclusions agree with our own informal assessment: the affected intersections need an increase in the green cycle of about four seconds. We seek the Committee's help in completing this project. We believe it is a real safety issue, particularly with the beginning of school approaching. Project 2 Placing high-visibility signs alerting motorists to the presence of pedestrians and bicyclists at key locations These signs have a made of an extremely bright, non-naturally-occurring reflective material and have been approved for use by Caltrans. They have proven effective in many other California communities, where they are already being used. While Caltrans has installed one such sign on 24th Street here in Bakersfield, we are working with the city Roads department to have the city install more throughout its jurisdiction. Of particular concern to us are locations around schools and on routes commonly used by bicyclists. We seek the committee's help in getting these signs in place and improving safety for pedestrians and bicyclists. Project 3 Working on better, safer Kern River bike path access at the intersection of Truxtun and Mohawk This is an issue that has been brought to us, often independently of one another, by numerous bicyclists and other bike path users. Currently, the bike path connector runs to the crosswalk at the northeast corner of Truxtun and Mohawk. Bicyclists seeking to enter the path must dismount and walk their bikes across the crosswalk. Bicyclists exiting the path must walk or end up riding wrong-way down Mohawk. Research shows that bicyclists fare best when they are treated the same as other vehicular traffic. Thus, it would be best to construct bike path access for bicyclists that acts as the fourth street of this intersection and allow bicyclists to cross to Truxtun to the correct side of Mohawk when exiting the path, and to ride straight across Truxtun from Mohawk to enter the path on the vehicular green signal. (currently Mohawk at Truxtun is signalized only for right and left turns). It is our hope that this intersection can be changed so that bicyclists can be accommodated in the same manner as other traffic. We welcome any help the committee can provide in this endeavor. Project 4 Ensuring bicycle access on Hageman Road to and from the north downtown area when Hageman is extended across Freeway 99. Accommodating bicyclists on Hageman is vital because there are no good alternate routes across the 99 freeway close by. To the south, Rosedale Highway at the 99 is extremely difficult for the average cyclist to negotiate. Olive Drive is quite a ways north and involves crossing an interchange with Freeway 99 and an extremely poor rail crossing at on oblique angle, increasing bicyclists' risk. The bike path and Truxtun Extension to the south are much easier for cyclists, but also quite far out of the way. Cyclists should not have to add several miles to their ride simply to get across the freeway safely. Because Hageman is slated to be constructed as a flyover of Freeway 99, it will have no complex intersections (where most accidents occur) and can be an ideal bicycle route. The fact that it is slated to merge into Golden State Highway, a limited access road, for a short time before intersecting with downtown streets, should not be a deterrent. There are many locations where bicyclists are allowed to ride the shoulders of freeways, and the risk is negligible because intersections on these roads are ra re. In addition, Caltrans is now committed to ensuring access for non-motorized traffic in all its projects (Please see attached memo on pages 4-5). The Hageman Road flyover would be an ideal project for Caltrans the City to make accessible to bicyclists. We urge the committee to design bicycle facilities into Hageman Road across Freeway 99 and into the northern downtown area. We would be pleased if pedestrian facilities could also be incorporated, as pedestrians face many of the same difficulties crossing Freeway 99 as bicyclists. Additional Coaliton goals and activities for the committee's information 1) We are actively involved in educating bicyclists. Ron Jones runs the Share The Road program under the Kern county Superintendent of Schools, and John Lotze has taught bicycle safety and skills through the Bakersfield Parks and Recreation Department and Bakersfield College Community Education program for several years. 2) We hope to have a bike and helmet safety check event sometime during the first half of the coming school year. We will check children's and adults' bicycles and helmets, provide safety information and promote bicycling classes and other education activities. 3) We want to encourage more enforcement of the helmet law and of traffic laws relating to bicyclists. We know our law enforcement officers have many duties, but we would like to see more attention given to some basic enforcement efforts. 4) We want to encourage more frequent and more thorough street sweeping, particularly along routes frequently used by bicyclists. 5) We want to encourage the re-paving of bicycle lane surfaces to be done to the same standard as the rest of the roadway. Too often, utilities and others dig in the bicycle lanes, then do a hasty resurfacing job that leaves the surface almost unrideable. Appendix: Memo from Caltrans Chief Deputy Director regarding accommodation of non-motorized travelers in all projects. California Department of Transportation -Deputy Directive Number: DD-64 Effective Date: 3-26-01 Supersedes: New Title: Accommodating Non-Motorized Travel POLICY The Department fully considers the needs of non-motorized travelers (including pedestrian bicyclists and persons with disabilities) in all programming, planning, maintenance, construction, operations and project development activities and products. This includes incorporation of the best available standards in all of the Departments practices. The Department adopts the best practice concepts in the US DOT Policy Statement on Integrating Bicycling and Walking into Transportation Infrastructure. DEFINITION BACKGROUND The planning and project development process seeks to provide the people of California with a degree of mobility that is in balance with other values. They must ensure that economic, social and environmental effects are fully considered along with technical issues, so that the best interest of the public is served. This includes all users of California's facilities and roadways. Attention must be given to many issues including, but not limited to, the following: Safe and efficient transportation for all users of the transportation system Provision of alternatives for non-motorized travel Support of the Americans with Disabilities Act (ADA) Attainment of community goals and objectives Transportation needs of Iow-mobility, disadvantaged groups Support of the State's economic development Elimination or minimization of adverse effects on the environment, natural resources, public services, aesthetic features and the community Realistic financial estimates Cost effectiveness Individual projects are selected for construction on the basis of overall multimodal system benefits as well as community goals, plans and values. Decisions place emphasis on making different transportation modes work together safely and effectively. Implicit in these objectives is the need to accommodate non-motorized travelers as an important consideration in improving the transportation system. RESPONSIBILITIES Deputy Director, Planning and Modal Programs: Ensures that the needs of non-motorized travelers are incorporated into the program element of Transportation Planning and the modal elements of the statewide strategy for mobility. Ensures that liaison exists with non-motorized advocates to incorporate non-motorized needs into all program areas including project and system planning. Ensures that the needs of the non-motorized travelers are incorporated in Personal Movement Strategies. Deputy Director, Project Delivery: Ensures that projects incorporate best practices for non-motorized travel in the design and construction of Capital projects. Deputy Director, Maintenance and Operations: Ensures that the transportation system is maintained and operated in a safe and efficient manner with the recognition that non-motorized travel is a vital element of the transportation system. Ensures that the needs of non-motorized travelers are met in maintenance work zones. District Directors: Ensure that best practices for non-motorized travel are included in all district projects and proiect planning. Ensure that best practices for non-motorized travel are implemented in maintenance and travel operations practices. Chief, Division of Design Ensures that project delivery procedures and design guidance include the needs of non-motorized travelers as a regular part of doing business. 4 Ensures that all Project Delivery staff is trained and consider the needs of the non-motorized traveler while developing and designing transportation projects. Chief, Division of Planning: Ensures incorporation of non-motorized travel elements in transportation plans, programs and studies prepared by Transportation Planning. Ensures planning staff understand and are trained in the principles and design guidelines, non-motorized funding sources and the planning elements of non-motorized transportation. Coordinates Caltrans projects with non-motorized interest groups. Ensures incorporation of non-motorized travel elements in Corridor Studies prepared by Transportation Planning. Chief, Division of Environmental Analysis: Ensures that non-motorized travel groups potentially affected by Caltrans projects are identified and have the opportunity to be involved in the project development process. Advocates effectively for all reasonable project-specific best practices that support or promote non-motorized travel. Chief, Division of Maintenance: Ensures State-owned facilities are maintained consistent with the needs of motorized and non-motorized travelers. Provides guidance and training to those maintaining roadways to be aware of and sensitive to the needs of non-motorized travel. Chief, Division of Traffic Operations: Ensures that the transportation system is operated in accordance with the needs of all travelers including non-motorized travel. Provides training and guidance on the operation of the transportation facility consistent with providing mobility for all users. Recommends safety measures in consideration of non-motorized travel on California's transportation system. Chief, Division of Local Assistance: Ensures that Local Assistance staff, local agencies and interest groups are familiar with funding programs that are available for nonmotorized travelers. Ensures that program coordinators responsible for non-motorized travel modes are familiar with non-motorized issues and advocate on behalf of non-motorized travelers. APPLICABILITY All Caltrans employees who are involved in the planning, design, construction, maintenance and operations of the transportation system. TONY V. HARRIS Chief Deputy Director 5 Couch, David R [PVTC] From: John Lotze[SMTP:lotze4@earthlink.net] Sent: Friday, May 04, 2001 10:08 PM To: Couch, David R [PVTC] Subject: Referral of South Valley Bicycle coaltion to Urban Development Committee Hello David, Thanks for talking with me on the phone the other night. As promised, this is areminder to you to refer the South Valley Bicycle coalition to the Urban Development commmittee so-that we can have some time to make a presentation. 'Most likely the presenters will be me (John Lotze) and Ron J°nes. There are two issues we plan to present: 1) Installation of CalTrans-approved Share The Road signs at strategic locations throughout Bakersifled. Ron and I would both like the first one to be installed on Fairfax at or near the location where Norm Hoffman was struck and-killed. Priority-locations for us after that include close to elementary and Jr. High Schools, and other roadways commonly used by bicyclists. 2) Adjustment of signal timing at various intersections to allow for a longer green cycle so that average cyclists can clear the intersection before the light turns red again. We have a short .list of locations where we know the timing is too short, and we will work to identify others. There are guidelines for signal timing in the "Guidelines for the Development of Bicycle Facilities" published by the American Association of State Highway Transportation Officials. It's a good document that's worth trying to follow. We .think these are both Iow-cost improvemetns that can bring significant change for the better for bicyclists. There's a lot more we'd like to do eventually, but this is a start. If you have any questions, Just contact me. I'm out of town through Wednesday, May 10th on business, but back after that. Home number is 588-5112. Work is 327-1409. Cell (not always on) is 703-9006. Thanks for your interst and willingness to give us a hearing. Sincerely, John Lotze South Valley Bicycle Coalition Certified Bicycling Instructor #702-K-C, League of American Bicyclists Iotze4@eadhlink.net Page 1 MAY--08--200 I 12 *' 10 AM '' [ F** P- 01 TO: ~ · PAGE9 WITH COVER 5 ho'.re the --South ValI®~ ~1¢~!~ ~e~litlon TO: Bicycle Ad¥ocates FROM: Ron Jones, KC$05 SUBJECT; F~lrst SVBC Meetln~ We .are forming a core group-for the South Valley B/cycle Coal/t/on (SVBC) next Thursday evening. John and I have Invited key people from-the' community to participate in open discussion regarding.positive changes we can make to promote bicycle safety and 'bicycle usage in Bakersfield and Kern County. In view of the recent poor-air quality reports for Bakersfield, national fuel and power shortages, and the tragic death of Bakersfield cyclist Norm Hoffman, there could not'be a better time to-promote safe and healthy bicycling 'in our community...so let's get startedl We would appreciate your participation in forming this new coalition. V' Date: Thursday, May 17t~ V' Time: 7:00 pm-8:30 pm V' Location: 8hare the Road, 3501 Chester Avenue · (Just North of BBQ Factory & Ice House near'the Garces Circle In Bakersfield) General 1. Welcome, Overview, Healthy Snacks © 2, Mission Statement 3, Preview the new SVBC Webs/re 4. 'Discuss Primary Objectives 5. Discuss letters of support 8. Other Items of concern? Questions? Please contact Ron Jones (631-5557, ~) or John Lotze (327-1409, _j. lot~girlsfirst,orcj) B A K E R S F I E L D MEMORANDUM August 17, 2001 TO: JACK HARDISTY, DEVELOPMENT SERVICES DIR FROM: JOHN STINSON, ASSISTANT CITY MANAGER SUBJECT: URBAN DEVELOPMENT COMMITTEE/ PLANNING COMMISSION COMMITTEE It has been some time since we have had a quarterly meeting of the Urban Development Committee and Planning Commission Committee. Some items I would suggest for their discussion would include: Joint hearings for the 2010 General Plan Update, Minority Reports on Planning Commission Recommendations, Vision 2020 Implementation and Planning for the Northeast Hills and Bluffs. Last night the Planning Commission appointed a committee in anticipation of a future meeting. The members are Commissioners Boyle, Tragish and McGinnis. pjt p:mjh The following documents pertain to the: URBAN DEVELOPMENT COMMITTEE meeting of Monday, August 20, 2001 at 1:00 PM. BAKERSFIELD MEMORANDUM. September 5, 2001 TO'. HONORABLE MAYOR AND CITY COUNCIL FROM: JOHN W. STINSO~,/'~SISTANT CITY MANAGER SUBJECT: HANDOUTS ATTHE URBAN DEVELOPMENT COMMITTEE MEETING At the August 20th Urban Development Committee meeting, Dr. Roger Paulson, DVM, provided some materials relating to the agenda item on dust control that would be difficult to copy. The materials (four booklets) are available in the City Manager's Office. The four booklets are: Soil Stabilization Series - Volume 12 Dust Control International Erosion Control Association Designing for Effective Sediment and Erosion Control on Construction Sites by Jerald S. Fifield, Ph.D, CPESC Soil- Sement Dust and Erosion Control Midwest Industrial Supply, Inc. Draft copy of Air Quality Criteria for Particulate Matter JWS:jp cc: Alan Tandy, City Manager P:~nemo-handouts.wpd PROPOSED AMENDMENT TO CITY ORDINANCE RE: DUST MITIGATION Chapter 8.27 Section 8.27.010 [Add as a new subsection.] L. Any vacant lot or parcel of undeveloped land where more than __ acres of the soil is a disturbed area, as defined by section 3.6 of Rule 8010 of Regulation VIII of the San Joaquin Valley Unified Air Pollution Control District's Rules and Regulations, but not including land' (1) upon which agricultural activities, operations or facilities, as defined by Civil Code section 3482.5, are being actively conducted; (2) that qualifies as a construction site under section 3.5 of Rule 8010 of Regulation VIII of the San Joaquin Valley Unified Air Pollution Control District's Rules and Regulations; or (3) where the best available dust control measures are used on the disturbed area while it is disturbed. 8.27.010 Chapter 8.27 F. Any attractive nuisance, including abandoned, broken or neglected machinery or equipment, any pool, PROPERTY MAINTENANCE pond or excavation dangerous to children. G. Construction equipment or machinery of any type Sections: or description parked or stored on the owner's property 8.27.010 Maintenance of propertym where it is readily visible to the general public, except Violation of specified standards, during excavation, construction or demolition operations 8.27.020 Enforcement. covered by an active building permit for the subject or 8.27.030 Abatement. adjoining property, except as may be allowed by Title 17 of this code. 8.27.010 Maintenance.of property--Violation H. Lumber (excluding stacked fu'ewood for use on of specified standards, the property and lumber for a project on the property It is unlawful and is declared a public nuisance for any initiated within ten days of delivery), junk, trash, debris person owning, leasing, occupying or having charge or or salvage materials visible from a public right-of-way, possession of any property in the city to maintain such except as may be allowed by Tire 17 of this code. property in such manner that any of the following condi- I. Abandoned or discarded furniture, stove, refriger- tions exist thereon, except as may be allowed by Title 17 ator, freezer, sink, toilet, cabinet or other household of this code: fixture or equipment visible from a public right-of-way, A. Any building or structure which has been partial- except as may be otherwise prohibited by Title 17 of this ly destroyed for at least six months to the extent of more code. than twenty-five percent of the value of the building as J. Any motor vehicle, trailer, camper, boat or other it appears on the current tax assessor's roll, or left in an mobile equipment parked on any unpaved area in any unreasonable state of partial construction. For purposes front yard (as defined in Section 17.04.670 of this code) of this chapter, "left in an unreasonable state of partial or on any sideyard (as defined in Section 17.04.690 of consu-uction" means left, after initiation of construction, this code) adjacent to any street. for a period of one year or more without completion of K. Any fill dirt containing pieces of concrete, as- a phase warranting an initial building inspection or with- phalt, or rubbish or any fill dirt brought to the property out completion of a successive phase warranting a subse- or excavated from the property and not wetted and com- quent building inspection under Title 15 of this code, pacted in accordance with the requirements of Chapter 70 where the appearance or other conditions of said unfin- of the Uniform Building Code and graded to within ished building or structure substantially detracts from the eighteen inches of the adjacent grade within thirty days appearance of the immediate neighborhood, of delivery or excavation. (Ord. 3182 § 1 (.part), 1988) B. Any doorway, window or other opening into a vacant structure not closed and maintained by means or 8.27.020 Enforcement. materials approved by the building director. A. The building director shall enforce the provisions C. Any broken window constituting a hazardous of this chapter. Any person who violates any provision condition and facilitating trespass or malicious mischief,., of Section 8.27.010 shall be punished as set forth in or constituting a shelter for vagrants or criminals or general penalty provision Section 1.40.010. enabling persons to resort thereto for the purpose of B. For each day that a violation exists, it shall committing unlawful acts. constitute a separate offense. (Ord. 3434 § 2, 1992: Ord. D. Overgrown, dead, decayed, diseased or hazardous 3182 § 1 (part), 1988) trees, weeds and other vegetation: 1. Likely to attract rats, vermin and other nuisances; 8.27.030 Abatement. or As an alternative to the enforcement provided in Chap- 2. Constituting a fire hazard; or ter 1.40, the building director may take action to abate 3. Dangerous to public safety and welfare, the nuisance, pursuant to Chapter 8.80 of the Bakersfield E. Any building exterior, wall, fence, driveway, Municipal Code. (Ord. 3440 § 1, 1992: Ord. 3182 § 1 sidewalk, or walkway which is maintained in such condi- (part), 1988) fion of deterioration or disrepair as to be unsafe or which is so defaced as to substantially detract from the appear- ance of the immediate neighborhood. 292 (,,.. 8.28.010 ( - Chapter 8.28 any other provided by law, including penalty provisions applicable for violations of provisions of this chapter. WEEDS AND DEBRIS (Ord. 3275 § 2, 1990: Ord. 3070 § 1 (part), 1985: prior code § 8.80.020) Sections: 8.28.010 Weeds constituting a public 8.28.022 Maintenance unlawful~Penalty. · nuisance. A. It is unlawful for any person to maintain weeds 8.28.020 Waste matter constituting a and waste matter on public or private property in such a public nuisance, manner as constitutes a nuisance as defined in Sections 8.28.022 Maillten~nce unlawful--Penalty. 8.28.010 and 8.28.020 of this chapter. 8.28,025 Meann of abatement--Discretion B. Any person who violates any provisions of this of fire chief, section shall be punished as set forth in general penalty provisions Section 1.40.010. 8.28.010 Weeds constituting a public C. Each day during which any violation continues nuisance, shall constitute a separate offense. (Ord. 3431 § 3, 1992: A. All weeds which are described in this section ord. 3275 § 3, 1990: ord. 3070 § 1 (part), 1986: prior growing upon any private property or in any public street, code § 8.80.020) sidewalk or alley within the city, are declared to be a public nuisance, subject to abatement and removal in 8.28.025 Means of abatement--Discretion of accordance with the procedures specified in this chapter, fh'e chief. This remedy is in addition to any other provided by law, Except as thc chief of thc Bakersfield city fire depart- including penalty provisions applicable for violations of ment or his authorized representative (hereinafter in this provisions of this chapter, chapter referred to as thc "chief") determines otherwise, B. Thc term "weeds" includes: thc abatement of each nuisance described in Sections 1.. Weeds which bear seeds of a downy or wingy 8.28.010 and 8.28.020 shall be accomplished by the nature; complete removal of all weeds and waste matter, as ..... 2. Sagebrush, chaparral, and any other brush or defined. Thc chief may, at his discretion, determine and weeds which attain such large growth as to become, when direct that the nuisance be abated by removal of less than dry, a fare menace to adjacent improved property; all such weeds and waste matter. The chief may take '3. Weeds which are otherwise noxious or danger- action to abate the nuisance pursuant to the procedures ous; set forth in Chapter 8.80 of this code. (Ord. 3440 § 2, 4. Poison oak and poison ivy, whea the conditions 1992: Ord. 3070 § 1 (part), 1986: Ord. 2872 § 1, 1983) of growth are such as to constitute a menace to the public health; 5. Dry grasses, stubble, brush, dead shrubs, dead trees, litter or other flammable material which endanger the public safety by creating a fare hazard. (Ord. 3275 § 1, 1990: Ord. 3070 § 1 (pm), 1986: prior code § 8.80.010) 8.28.020 Waste matter constituting a public nuisance. "Waste matter, means any unused or discarded matter having no substantial market value, which is exposed to 'the elements and is not enclosed in any structure or otherwise concealed from public view, and which by reason of its location and character, would materially hamper or interfere with the. suppression or prevention of fire upon the premises. All waste matter described in this section is declared to be a public nuisance, subject to abatement and removal in accordance with the procedures specified in this chapter. This remedy is in addition to 293 RULE 8010 FUGITIVE DusT ADMINISTRATIVE REQUIREMENTS FOR CONTROL OF FINE PARTICULATE MATTER' (PM-10)' (AdOpted October 2I, l'993;'Amegded September 14; 1994; Amended April"25, t996) 1.0 Purpose The purpose of'ReguIati0n VIII is to reduce the amount of fine particulate matter (PM-10) entrained in the ambient air as a result of.emissions generated from anthropogenic (man- made) fugitive dust sources by requiring actions to prevent, reduce, or mitigate PM-10 emissions. The Rules contained in this regulation are required to reduce PM'40 emigs~ns which violate the National Ambient Air Quality Standards for PM:10 and implement control measures contained in the District PM-10 Nonattainment Area State Implementation ~?lan. ' The RUles contained' in this Regulation have been developed pursuant to United" States Environmental Protection Agency guidance for Moderate Nonattainment Areas. The Rules are applicable to specified man-made fugitive dust sources. Fugitive dust emissions are used'as an indicator of PMA0' emissions. Fugitive dust contains PMA0 'and particles larger than PM-10~ Controlling fugitive dust emissions when visible emissions are detected will not prevent all PM-10 emissions, but will substantially reduce emissions. 2:0 AppliCability The provisions of this Regulation are applicable to specifiedoutdoor anthropogenic sources of PM-10. The definitions, exemptions, requirements, administrative requirements, and fees set forth in RUle 8010 are applicable to all Rules in Regulation VIII of the Rules and Regulations of the San Joaquin Valley-Unified Air P011ution-Control 'District. 3.0 Defini~ons The foil;Owing definitiOns shall be applicabIe to RUles contained in RegUlation viii. 3'.1 Anthropogenic: sources ofpoIluti0n of," reIating to, or resUlting from the inflUenge of htlmarl beings.on ~ture. APCO: the Air POIIution ControI Officer of the San Joaquin.valtey Unified Air Pollution Control: District orhis designee: 3/3 Bulk Material: any unp~ckaged material which emits dust when stored or handled. 3.4' Chemical Stabilization/Suppression: a means of dUst controI"implemented' by any person to mitigate PM-10 emissions by applying petrqleum resins, asphaltic emUlsions, acrylics, adhesives, or any other approved materials. SJVUAPCD 8010- 1 4/25/96 3.5 Construction Site: is a site on which construction, demolition, or related activities occur, including, but not limited to, land~dearing, excavation relatedto constructiqn, land leveling, grading, cut and fill grading, and the erection or demolition of any structure. As used. in this Regulation, a construction site may encompass several contiguous parcelS~ or may encompass onlY a portion of one parceL' depending on the relationship:of the proper'fy boundaxiesto the actual constmctiort'activities. 3.6 Disturbed Area: is an area in which soils .have been distm:bed by gradin~ .land leveling, scraping,: cut .and fall acti~,,ities~ excava~on, brush and timber clearing, geabbing~ and-soils, on.which vehicle operation-has occurred.:. · 3.7 Dust Suppressants:.-includes water, hygroscopic materials, chemical stabilization and suppression materials .(see also Definition 3.4), and other apprOVed substances. 3.8 Emergency:. any situation where immediate actiOn on the part oft federal~ state, or local agency involved is needed and where the timing of such federal, state or local activities makes it impractical to meet the requirements of this rule, such as natural disasters, ciVil disturbances, or hazardous materials spills. Only an authorizpd official of a federal, state, or local- agency may declare an emergency when .deemed necessary to protect the general public. 3.9 Fugitive Dust: the particuIate matter entrained in the ambient air which is caused from man-made and natural, activities which is emitted into the air without first passing through a.stack, or duct designed to control, flow, including,, but not limited to, emissions caused'by movement of'soiIi' vehicles, equipment, and windbI0wn dust.. This excludes p. articulate matter emitted directly in the exhaust of motor · vehicles, from other fuel combustion devices, portable brazing, soldering, or welding equipment, and 'from pile drivers. 3. I0 Hygroscopic Materials: any materiaI'that ts readily capable of'absorbing molsture from the air. 3.1I' Land Preparation: any preparation of'land for anthropogenic (human)' purposes, including brush or timber clearing, grubbing, scraping, ground ekcd~ation~.land leveling, or grading. Local Agency: a city, county, or special diStriCt with jurisdiCtiOn over public ~oads or' having land use authority. 3.13 New OperatiOns: Any operation commencing for the f'~rst tLrne after the effegtive date of this regulation. 3A4" OPeration: any actigity, process, or project described in the applicability sections of the Rules of this Regulation. SJVUAPCD 8010 - 2 4/25/96 3.15 Owner/Operator: includes, but is not limited to, any person who leases, supervises, or operates equipment,'in addition, to the normal meaning.of owner or operator. 336 Particulate matter:, any material emitted or entrained into the air'as I/quid'or solid particles, with the exception of uncombined water. (For PM-10, refer to Def'mition 3.19). 3~I7' Paved'Roads: an improved street, highway, alley, Publ~c way, or easement that, is covered by concrete, asphaltic concrete, asphalt, or other materials which provide a permanent stable surface. 3:I'8" Person: any-in--al, publiC and private corporation, government' agen.gy, partnership, association, fa'm, trust, estate, or any other legal entity which is ·recognized by law as.the subject of rights and duties. 3:19 PM- I0: parffculate matter with an aerodynamiC diameter smaller than or equaI"to a nominal ten' (.10) microns as measured by the applicable State and Federal reference test methods. 3.20 Private Roa&: anyroadS not/5~fined'as lXi~c an~which are privatetynrdmained. 3~2I Public Paved Roads: a paved'road wlffch is publiclYmaintained. 3.22' PubIiC RoadS: are roads owned and/or maintained by federali state, county or city agencies. 3;T3 Reasonably Available ControI Measures: techniques used to Iimit the emiSs~pn and/or airborne transport of fugitive dust from a site including; application of water, --chemical-stabilizers/suppressants:soit-stabitizers;-orothertiquids,-covering, paving, enclosing, shrouding, compacting, planting, cleaning, or such other measures the APCO may approve to accomplish satisfactory results for temporary, and/or extended suppression of PM-'10 emissions. ROad:' any paved or unpaved; public or private street, highway, freeway, affey, v~ay, access drive, access easement, .haul road,, or driveway. 3.25 Road Length: the total centedine distance of all contiguous (connected) segments of an owner's road, regardless of change of direction, road name, or surface, or intersection with a.road no~ owned-o~- operated- by the-owner,, 3:2~ Si~. reat property or hnd used or set asidefor any specific use. 3.27 Soil Stabilization: the process used to mitigate PM-10 emissions for an extended period of time by applying petroleum resins, asphaltic emulsion, acrylics, adhesives, vegetation, or any other APCO approved:material' or process. SJVUA?CD' 8010- 3 4/25/96 3.28 Unpaved Temporary Agricultural Access Roads: an unpaved private road developed for temporary or seasonal agricultural operation. 329 Unpaved'RoadS: an open way that'is not covered by one of the materiats described irt the paved roaff~tion. 3;30' VehiCle: any device by whiCli any person or property may be propel/ed; moved, or drawn,, excepting, aircraft or watercraft or devices moved exclusively by human or animal power or used exclusively upon mils or tracks. 3.3'I'ViSibIe Dust EmiSsion (VDE~: vfs~Ie dust of such opacity as to obscure an observer's view to a degree equal to or greater than an opacity of 40%, for. a period or periods aggregating more than three (3) minutes in any one (1) hour, except asset forth in Rule 8030 section ~.1.2. 4.0 Exemptions: The 'f'ol~Owing exemptions are applicable to alTRegulaffon VIII'Rules: 4. I Actf0ns requfred to protect the environment by Federal'or State Iaw or reguIqtion. Any source or operations already under Air PoIIUtiOn COntroI Distr~ct permR to operate with requirements for PM-10 'control, provided the control of fugitive PM- -lO ~emissions-required by -the permit -is at -least as -stringent-as required -by this Regulation. 4.3' Emergency operations perfOrmed to ensure publiC health' andSafety. Emergeqcy operations lasting more than 30 days shall be subject to this regulation, except where comp-liance wou-li]-linfit the effectiveness oT the emergency operation performed to ensure public l~eaIth' and sgety. 4'.4' Removal of Weeds and dried vegetation related to fire prevention required'by a FederaL. State,or localagency,, butnot.indadingremoval for construction actixilies. 4.5 Activities conducted at an elevation of 3000 feet or higher above sea level but not -inc~repotih~g/equh-emeras~-in-Rule 8060. 4~6 Activities condvtcted dtn'ing'freezing conditions. 5.0 Requirements 5~I Requirements for chemical stab~rz~n_g agents. SJVUAPCD 8'010- 4' 4/25/96 Materials used for chemical stabilization of softs, including petroleum resins, asphaltic emulsions, acrylics, and adhesives which do not violate State Water Quality' Control' Board standarcts for use as a so~'stabilizer. Materiats accepted'.~y ARB and/or EPA and which meet State water quality standards shall be considered acceptable to the APCO. 5:2' Proln'biteddust suppressant materials. Any materiM" prolu'bited for use as dust suppressants by EFA~ ARB~' or other applicab~, taw, rtde; or regtdation are deemed' prokdbited' under this Regtttation~ 5.3 Use of hygroscopic materials may be prohibited by the APCO in areas lacking sufficient moisture for such materials to effectively reduce PM-10 emissions. Use of such materials' may be approved~ ~n conjUnction with sufficient' wetting of the controlled area for such materials to effectively reduce PM-10 emissions. Hygroscopic materials depend upon humidity or application of water to provide effecli~e, dast, control. 5~4 Requfrements for dUst palffative and asphalt paving: Any use of a dust' palliatiye or asphalt.paving material ~c~y with other applicable District Rules. 5.5 Requirements for removal of mud and dirt trackout onto public paved roads contained in this Regulation do not exempt owners/operators from obtaining state or tocat agency-permits which may be. reqtfired for, the-cleanupof mud- a~ dirt. 6:0' ~lternatiVe Compliance Plan ThiS section has been reserved'for an AIternative Compliance Plan Procedure. 7.0 Fee This section has been reserved' for an AlterneatiVe Compliance.Plan-Procedure. SJVUAPCD 8010 - 5 4/25/96 RULE 8020 FUGITIVE DUST REQUIREMENTS FOR CONTROL OF FINE PARTICULATE MATFER (PM-10) FROM CONSTRUCTION, .DEMOLITION, EXCAVATION, AND EXTRACTION. ACTIVtTtES~ (Adopted October 21, 1993; Amended April 25, 1996) 1.0 Purpose , The purpose oft_hiS R.le is to limit fugitive dust emiSSions from construction, demolition, excavation, and reIated'activities. ZO AppliCability This RuIe applies to any constructiOn, d~molition, excavation, extraction, and water mining related disturbances of soil, including land clearing~ grubbing~ scraping~ ground excavation, land leveling, grading, cut. and fill operations, trave! on the site, travel on access roads to and"from the site, and'demoliffon activit~es. The Rule is alSo applicable .to the fn. itial construction~of landfills prior to commencement_ of landfill operations. 3~0 Definitions 3'. I Blasting: any excavation or demolitiOn conducted with the use of explosives. 3.2 Excavation: any digging, trenching, quarrying, extractiOn, or tunneliog. 3.3' Extraction: removal of mineralS, aggregate, or fossil' fuels from the earth by excavation; including mining, surface stripping~ open pit excavation,, or tunneling. 3.4 Visible Dust Emissions (VDE): visible dust of such opacity as to obscure an~ observer's view to a degree equal to or greater th_ar, an opadiy of 40%, for a period or periods aggregatingmore-thanffaee~(3)-mimrtes inanyone (1~) :hour; except ~s set forth in Rule 8030 section 5.1.2. Water Mining: activities reIated to the production, diversion, storage or conveyance of water, including irrigation canals~ but excluding, irrigation ditches within agricultural fields. 4.0' Exem!~ions In addition to the exemptions established in Rule 8010; the following exemptio~ are established for this Rule: 4. I Any brush or timber cIearing, grubbing, scraping, ground excavation, land' leveling, or grading activity conducted for the purpose of preparing land for the growin,~ of crops or the raising of fowl or animals.' This does not exempt grading/lan~l'leveling, SJVUAPCD 8020'- 1' 4/25fl36 or scraping for the purpose of constructing structures intended for agricultural use or for the purpose of water mining. ACtivities for which"mitigati0n programs for the control off-me particuIate mat~er (PM-10) through the control, of. fugitive dust have been approved prior to the effective date. of this Rule. 4.3 BIast'mg activities as defined'tn section 3.1. 4'.4" COnstruction or demolition actiVities for which bids have been awarded', buffing permits issued, or for which the construction or demolition work has commenced prior to the effective date of this Rule. 4':5'Maintenance or remodeIing of.existing buildings and 'additiOns to existing buiIdi'ngs where total building area is not increased by .more than fifty percent, or 10,000 square feet, whichever is less; but not including ancillary construction such as -expanding parking lots. -All additions to single filmily residential build'rags. 4.6 Renovation of' ground water recharge basins to restore permeability, hut not including other water mining actiVi'ties. 4.7 Solar drying and the harvesting of sedimentary calcium carbonate precipitates from settling/evaporation ponds .for the purpose of .process recycling .and reuse of the precipitate.' 5.0 Requirements SectiOn 5A' sets'forth requirements fOr any area of a construction site on which'la, nd preparation activities are. occurring: The provisions of section 5.2 are applicable to inactive disturbed areas of a construction site. Section 5.3 applies to unpaved on-site roads and off- site unpaved access roads.' Section 5.4 sets 'forth'requirements for the 'prevention' qnd removal of mud and dirt carryout. Section 5~5 sets forth requirements for storage"of construction vehicles, equipment, and materials. 5'. I NO person shalI undertake any land clearing, grubbing, scraping, excavation, l'qnd leveling,, grading,, cut and fill operations, or demolition activities,..without:.utilizing appropriate dust control measures, such as the effective application of water or pre- soaking, dUriog the land pro_para_firm, demolit/on,.excavation or extracedon. 5. I.I Operations employing use of wrecking ballS or other wrecking equipmenI to raze or demolish buildings shall not be required to limit Visible Dust Emissions (VDE) as defined in ,section 3.4 of this Rule, from the employment of such- equipment, for' wrecking- operatimrs, provided: w~ter is applied' to the building surface as follows: SJVUAPCD 8020- 2 4/25/96 5.1.1.1 All exterior surfaces of the building up to six stories in height shall be wetted when commencing use of the wrecking ball or- equipmem_- and. shall be maimained~ adequately.~etted thereafterwhile operations continue. 5.1-.L2~ Wetting. shall not be required with' use of wrecking, balls when employed on that part of a building or structure in excess ofsix stories in height:- 5~I.1.3 Material resulting from razing and demolition oEerations. shall be wetted during off-site removal loading operations. 5.2 Disturbed areas shall be stabilized for the duratiOn of the construction activity, or until construction work resumes on. the. inactive..disturbed area. All disturbed areas of a constmcti0n site, including storage piles-of fill dirt and~ othe~ bulk materials, which are not being actively uti~ed for constructi0npurposes for a peri0d'of-se-qen (7}. calendar days or. more~ shall be stabilized, using.one or..more .of.the following approved soil stabilization methods to. etfecfivelY3imit-V'DE as defined by section 3.4' of this RuIe. Wliere soft moisture or natural crusting is suffiCient to limit visible dust emissions, no actiOn is required: 5.2.1 Where water is used as the dust suppressant, watering shall be applied to effectively limit VDE as defined by section 3.4 of this Rule, or 5'~Z2' Where a chemical' dUst stabilizer or suppressant is utilized, the stabilizer or suppressant shall be applied to effectively limit VDE as defined by section 3.4 of this Rule, or 5'.2.3" Where planting of trees and'vegetativeground cover is utilizedl vegetation shall be planted in sufficient density and watered with sufficient frequency to effectively stabilize, the.disturbed-area and limit VDE as defined by section 3.4 of)his Rule. 5'.'3'All'operati0ns described in section 2.0' shall'effectively linfft VDE' as deemed-by section 3.4 of this Rule from on-site unpaved roads and off-site unpaved access roads using one or more of the followi~ stabilization methods. Road stabilization shalI be maintained for the duration ofthe activity. Where soil'moisture is sUfflgient to. meet this requirement,, no. actionis required. 5.3.1 Where water is used as the dust suppressant, watering shall be.applied to effectvely:limit VDE as defined by section '3.4 of this Rule. 5.3.2' Where a chemiCaI dust stabiliZer or suppressant is used; the stabiffZer or suppressant ,shall be applied to effectively limit VDE as defined by. se. ction 3.4 of this Rule. SJVUAPCD g020r- 3' 4/25/96 5.4 All operations described in section 2.0 shall' limit or remove the accumulation of mud or dirt from public paved.raads~ inchJding shoulders, adjacent to the site at the end. of.the work. day, o~ at a. n,,h~um, of on~e-., evcmy twenty~four.hours,.~,hen operations are occurring. 5.4. IIn addition to restrictions ~nposed' by IocaI' agencies, the use of dry ro~ry brushes for removal of deposited, mud/dirt carryout from a paved road is expressly prohibited, except 'where preceded or accompanied by sufficient wetting to limit the VDEas defined'by section 3.4 offfffs Rule. 5.,I.2' FOr the purposes of this sectiOn, the use of blower devices for removal of deposited mud/dirt carryout from subject paved, roads is. expressly prohibited. 5~,1.3 Use of'paved access aprons, graveI strips, wheel washers, or other measu[es designed to limit mud and dirt deposits o.n public paved roads are strongly encouraged to minimize the need for removal of mud and dirt from paved publiC roads. 5.5 All areas used fOr storage of'constructiOn vehicles, equipment, and materials shall comply vdth the provisions of the. Rule 8070. 6.0 Alternative Compliance Plan If' special" conditions exiSt which will' unreasonably prevent compliance wfth the requkements in section..5.0 of.. this Rule, .the owner/operator may submit and request approval of an Alternative Compliance Plan in accordance with section 6.0 of Rule 8010. The. Alternative Compliance Plan'mst specify the. special, citcu~mt~s w~tich unreasonably prevent compliance and provide an alternative program of control measures. .Failure to implement control measures specified in an approved Alternative Compliar!ce Plan constitutes a violation of this Rule. SJVUAPCD 8020 - 4 4/25/96 Sec. 34~2.§ CIVIL CODE . (c) A person who acquires title to or who ·owns: real locality,..after it has been in operation for more than three property adversely affected by the use of p~ope~Y with years if'it was not a nuisance at the time it began, ..::' a permanently located and improved sport shooting range (2). 'No activity of a district agricultural association that '.:' may not maintain a nuisance action with respect tO noise' is Operated in compliance with Division 3 (commencing · ' :' :.:."or noise pollution against the person who owns the range with Section 3001):0f the Food and Agricultural Code, · i:.....!! to restrain, enjoin, or impede the use of the range where shall be or become a private or public nuisance due to :. there has been no substantial change in the nature or use any changed condition in or about the locality, after it h~ .':. of the range. This section does not prohibit actions for been in operation for more than three years if it was not · '~ ' negligence or recklessness in the operation of the range a nuisance at the'rime'it began. . This paragraph shall not :" or by a person using the range, apply to any activities of the 52nd District Agricultural (d) A sport shooting range that is in o~eration and not Association that are conducied on the grounds of the in violation of existing law at the time of the enactment California Exposition and State Fair, nor to any public of an ordinance described in subdivision (b) shall be nuisance action broughi: ~3~~ ::a city, county, or city and permitted to continUe in oper'ation even if the operiiti0n county alleging that the .activities, operations, or con(ti- ..... . . . . of the sport shooting range at a late/:da~e does not conform tions of a district agricultural association 'have: substan. to a new ordinance or'an amendinent'tO an existing Ordi- tially changed after more than three'years from the time nance if there'has been no Substantial dhange'in the nh/ure that the activities, operations, or conditiofis began." or use of the range. Nothing in this section Shall be .Co) 'Paragraph (1) of subdivision (a) shall not apply if construed to limit the authority of a local agency to the agxicultural activity, . oPeration, or facility, or appurte- enforce any term of a .conditional use permit, nances thereof obstruct the free passage or use, 'in the (e) Except as otherwise provided' in this.section, this customary manner, o! any navigable lake, river,' bay, stream, canal, or basin, or any public park, Square, street, section does not prohibit a local public entity having or highway. .. jurisdiction in the matter from regulating the location and construction of a sport shooting range after the effective (c) Paragraph (1) of~ubdivision (a) shall not invaikiate date of this section, any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or (f) .This section does not prohibit a local public entity Division 7 (comm~fiCing Wi~h Section 13000) of the'Water having jurisdiction in the matter from requiring that noise Code, if'the agricultural activity, operation, or facility, or levels at the nearest residential :property line to a range appurtenances the~e0f constitute a nuisance, public or not exceed the level of normal city street noise which shall private a~ specifically defined or deicril~ed in any of those not be more than 60 decibels for nighttime shooting. The · · ' · prov~smns. subdivision does not abrogate any existing local standards (d). This section shall prevail over any contrary provi- for nighttime shooting. The operator of a sport shooting sion of any ordinance or.regulation of any city, county, range shall not unreasonably refuse to use trees, shrubs, city and county, or other political subdivision of the state. or. barriers, when:appropriate, to mitigate the noise gener- However, nothing in this section shall preclude a city, ated by nighttime shooting. For the purpose of this section, county, city and county, or o~er political subdivision of a reasonable effort to mitigate is an. action that can be this state, acting within .its constitutional or statutory accomplished in a manner and at a cost that does not authority and not in c°nflict with other provisions of state impose an unreasonable financial burden upon the opera- law, from'adopting an ordinance that .allows notification tor of the range. ,. to a prospective~ homeowner that the dwelling is in close (g) This section does not apply to indoor shooting proximity to an agricultural hcfivitY, operation, facility, ranges. .' or appurtenances thereof and is subject to the provisions (h) This 'section does not apply to a ~ange in existence of this section consistent with Sedtion 1102.6a. Prior tO Janiaary 1, 1998, that is operated for law enforce- (e)'For.purposes of this Section, the term "agricultural ment training purposes 'by a county Of the sixth class if activity, 'operation, or facility, or aPisunenan~es 'there0i;, the range is located without the boundari6s of that county shall inclfide, but not be limi'ted, to,. the culti4ation and and within the boundaries of another County. This subdivi- tillage of the soil, dairying, the production, culti'vation, sion shall become'operative on July 1, 1999. Leg.H. 1997 growing, ~d harvesting 0fany agricultural comm0diiy Ch. 880, '1998 ch. 141, effective July 13, 1998. includi~!g timber, vitidulture, apiculmre, or horticulture, Ref.: Cal. Frns Pl. & Pr., Ch. 391, "Nuisance." the raising of livestock, fur bearing animals, fish, or poultry, and any practices performed by a farmer or on ' a farm as incident to or in conjunction with those farming .§3482.5. PreexiSting Agricultural Uses Not operations, including preparation for marke~, delivery to Nuisance. ' ·. storage or to market, or delivery to carriers for transPOrta- (a) (1) No agricultural activity, operation, or facility, tion to market. Leg. H. 1981 ch. 52[5. 1991 ch. 828, 1'992 or appurtenances thereof, conducted or maintained for ch. 97. · ' ' commercial purposes, and in .a manner consistent with Ref.: Cal. Fins Pl. & Pr., "Pollution." proper and accepted customs and standards, as established and followed by similar agricultural.-operations in the §3482.6... Enacted }9~2. Repe~led .effective January 1, same locality, shall be or. become,a nuisance, private..or 1985, .,by its own provisions. 1982 ch. !027. public, due to any changed condition in or about 'the Another §3482.6 follows. PUBLIC STATEMENTS SPEAKER'S CARD Urban Development Commiff~e ~ '..~ ..".' .;".i..., ..'.' '. "' ~ . ..." .. v .... Committee of the City Council . . : .... . Committee Meeting Date - · . ..' You ars invited to addrsss the Committee under Public Statements on any subject that · . " : ' - · is listed on the Committee Agenda. ..... ' ' Public statements ars limited tothree (3) minutes per speaker with a maximum of fifteen '.....' ' .. ' ." . ' · .:". - .. (15) minutes,.per side, for any one subject.. The Committee may, by simple majority vote, " '. . waive the time limit. No action will be taken; this Committee gathers information and · '-. . * ' reports back to the City Council. · '.,:'" ".". '. ';'. :. i: :" i ..".: '. '. i '. :. '.. i.' 'i- '..': ... '.. Please fill out a Speaker's CardDavidandcOuchPrssent it to the Committee Chair:. Company/ .. '.....":' ..'..-.. · - -. ..'- . .'...:...."."i ." · .... . Phone: ~2 ~- "~ ~__ Fax/e-maih ' :...'. - . "-' . Subject: ..:::....... - ~;..... . . ~, : . . ,- . ............. . ............... :?".-.` '.:..'. i, .'?" -~;'. ..' '"' ~ ':': '. ": :'"' "~" PUBLIC STATEMENTS SPEAKER'S CARD :'~ · ' ~ ': '"' " ' ' Urban Development Committee .~._..~.~,.:..'. :..'..::':.:~"~::;:~: ;:i"~.i~,~.i.:~i, :: ' :.:,~-. ::i~.'. ;.;'~. ?:.71 ~.' {ii-:-"'::'; Committee of the City Council / :"i :i' i' ;iii"' "!;:' ;::'.:... :;~'' ';;.'.:.i :.:'::.'.'..; i' i ':-'.'""'"'J""."'-':':' '.'".' Committee Meeting Date 't'!. i.-' ':'....' ?: ';, ":.' '::..; ' .' ' ":"' .' .: .: .. !:-.t '..* You are invited to address the Committee under Public Statements on any subject that ' :~:-;'i:i!::~;.!.'..i"..:: ~;-;i.;? :i;.".'i :: ,":.:;~ '? .. ';:.' .: '?-.i.'- .~.',. 'i/...:'.. ,: :-....:'-i.-i.:.'::.i:.. is listed on the Committee Agenda. ...... '~;?~ '~?: ? ~ ~'::?'~-:';"~ :'"~';'-":;'"~' '~"'~'~' ~?'~'~":'::~';'":'x;~Z~"~'?'~:~'~'"' '¥'~'~'~;~'~';;*~' Public statements are limited to three (3) minutes per speakerwlth a maximum of fifteen '"'::"!:?.':'i:f.i.' i;.::'' '?'..j:. i':':'i. "'i' :' ".'.:; 'f :."'" {:':.'::" "::: '.'":::" '.':' (15) minutes, per side, for any one subject. The Committee may, by simple majority vote, .. :........: .:... ::... . ... waive the time limit. No action will be taken; this Committee gathers Information and ' '.. '.i: "i"'"' ..":" '; :..'"';i:" .'."-"' ' i.::'.. '...' .. reports back to the City Council. '-. ' :." . ..... Please fill out a Speaker's Card and present it to the Committee Chair: ... ""- "". -- David Couch · ":' "::*'-'."':' ' '":'.' "i' ": ' '"' ""' ' ' : · · Name: - · '.'"-.. i" .- '.' Company/ .i' ..:.:.....:.:....:...i..i....'. ?:.......... "Organization: " Address: (~ ' " · · ...: ..:...~.'.i i · ";- ':" Phone: ~ ' 5 Fax/e-ma, ih . . · .... ' ..' . '" ":' Subjec ' . , j... :' .'; .. ',.'j,; ;.. ". ,." '" . ~ · , . .. · ... ii.. · :" ' · ' '.'.'-:' '.~' :' - , .. .:~ ~.~ .~;. ;;.;.:.:,'~.~::~'. " PUBLIC STATEMENTS SPEAKER'S CARD Urban Development Committee ~ ' ..*"' . '-'" · -"."': Committee of the City Council · ':' . ~"' ';'" ':' "' Committee Meeting Date CZ/ ~. ~ You are invited to address the Committee under Public Statements on any subject that '.. : .'. is listed on the Committee Agenda. . . " Public statements are limited to three (3) minutes per speaker with a maximum of fifteen ... ." (15) minutes, per side, for any one subject. The Committee may, by simple majority vote, waive the time limit. No action will be taken; this Committee gathers information and ' '.. reports back to the City Council. ...'. Please fill out a Speaker's Card and present it to the Committee Chair:. ' ' ' David Couch :...:.:i.:-/: Company/ ...'.:"'.)-' ::.. :".: "':-,: ::.:.',i ;":'-:." :: , ' ..'.:".'.:."-..-"....:'.'..:' :..' ','::,::::".:,::'..: ..... Address: '/o7 -.-. ... .: :.:..::....: :..: Phone: "'.'. .?".: ."."..,:". -.." -... Subject: ,, .: ...... -. !':... ::. ' .' ' . .- - PUBLIC STATEMENTS SPEAKER'S CARD Urban Development Committee ' ~" ::i"?':":' "':':: ':?'' ' "' :': '"":'"': :'" ""' :'" '~''' . Committee of the City Council ' ' Committee Meeting Date ~'-'~. ....... You are invited to address the Committee under Public Statements on any subject that · ~ is listed on the Committee Agenda, . ..... .:.. ..; ... ....~:' ... [;, :'..,'. ~ .:,. .... ? :¥"::':? i: ~"~'- '?:"~'?.' ' :'i ~:'::'":'~'?;'"::'"i?k'¥¥%- :-7 .~:':~ Public statements are limited to three (3) minutes per speaker with a maximum of fifteen :- ........... :.. · .. -. :. ~...- ..... - -- (15) minutes, per side, for any one subject. The Committee may, by simple majority vote, ... ' · " waive the time limit. No action will be taken; this Committee gathers information and . .. reports back to the City Council. Please fill out a Speaker's Card and present ii to the Committee Chair:. David Couch .... ' " Name: Vh z. Company/ :;::. Organization: '-' Phone: " " "'.".,. Subject: '.. :" . ,; ...,'..:'.'.. )_:-fi;.'; .. ~ :..'. : '~',~....:: · . .'. . , ,