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HomeMy WebLinkAbout02/11/2002 BAKERSFIELD David Couch,-Chair Sue Benham Mike .Maggard Staff: John W. Stinson MEETING NOTICE URBAN DEVELOPMENT COMMI~'I-FEE of the City Council - City of 'Bakersfield Monday, February 11, 2002 1:00 p.m. City Manager's Conference Room, Suite 201 Second Floor - City Ha11,1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CAI;L 2. ADOPT JANUARY 14, 2002 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee recommendation regarding leaf blowers - Stinson B. Discussion and Committee recommendation regarding City/County drilling requirements - Hardisty C. Discussion and Committee recommendation regarding Tree Ordinance enforcement- Hardisty 5. COMMI~'I'EE COMMENTS 6. ADJOURNMENT S:~JOHN~Urban Dev2002~ud02febllagen.wpd BAKERSFIELD ~- ~ ~...---~ David Couch, Chair Alan Tandy, City Manager Sue Benham Staff: John W. Stinson Mike Maggard AGENDA SUMMARY REPORT URBAN DEVELOPMENT COMMI'I'I'EE MEETING Monday, January 14, 2002, 1:00 p.m. City Manager's Conference Room - City Hall 1. ROLL CALL The meeting was called to order at 1:06 p.m. Present: Councilmembers David Couch, Chair; and Sue Benham Councilmember Mike Maggard (arrived at 1:10 p.m.) 2. ADOPT DECEMBER 3, 2001 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee recommendation regarding leaf blowers At the last meeting, the Committee requested research on leaf blowers. Assistant City Manager John Stinson gave an overview of the information which included: an analysis by Recreation and Parks of results of a time comparison on parks and median maintenance using brooms versus backpack blowers; and research by Administrative Analyst Trudy Slater on issues related to air quality, noise and operation of leaf blowers. Staff has contacted the San Joaquin Valley Air Pollution Control District about the concept of a buy-back program (similar to the lawnmower program turning in gas mowers to obtain electric mowers) but due to the cord/battery pack problems with leaf blowers, there was no interest at this time. The Lung Association, Project Clean Air and the Gardeners Association were also contacted for input. Committee Member Benham expressed her appreciation for the additional research provided by staff. However, after reviewing all the information, there is no scientific evidence to support the premise that particulate matter and dust stirred up from leaf ADOPTED AS SU-IillTI'I~ ON FEBRUARY 11, 2002 URBAN DEVELOPMENT COMrv~, ~ TEE AGENDA SUMMARY REPORT Monday, January 14, 2002 Page -2- blowers are significant factors in our air quality. Since we do not have information from scientific studies, Committee Member Benham did not think it was justified to move forward on the issue of dust created by leaf blowers. She stated she did share Mr. Rademacher's concerns about noise from the operation of leaf blowers. Committee Member Maggard stated he specifically asked the Air Pollution Control Board staff for information regarding air pollution implications from the use of leaf blowers, and the response was that it is rather inclusive and there wasn't any real significant impact. Larry Jack, Grass Masters, spoke as a member of the Gardeners Association. and their concern is the cost to get people to do the job the leaf blowers are doing now and the issue of many unlicensed gardeners working in the City. Efren Calaustro, EVC Gardening, spoke and said he is in agreement with Mr. Jack and also spoke about leaf blowers and possibly limiting hours of operation on weekends. Mr. Jack Rademacher spoke about enforcing the code regarding noise from leaf blowers. He also stated there were grants available for "quiet communities." In response to Mr. Rademacher's concerns about noise and the Municipal Code relating to noise, City Attorney Bart Thiltgen explained Title 9 is a noise ordinance and approaches noise from the standpoint of a nuisance. It prohibits noise that is unreasonable and creates a discomfort to the neighborhood. It lists several factors for the enforcement officer to review when determining whether or not it is a disturbance including: time of day, level of noise, and other standard factors. For commercial properties, Code Enforcement is the enforcing entity and for other properties primarily in the residential areas, enforcement is by the Police Department. It is important to consider the Police Department responds on a priority basis to type of calls, and leaf-blower noise complaints would be a Iow-priority call. Using the standard factors in the Code, if an enforcement officer determines a reasonable person would not be discomforted or annoyed, there is no violation. Chris Parker, Parkers Landscape Service, explained their equipment, which includes leaf blowers, is approved by the California Air Resources Board before it enters California. The highest rating for leaf blowers being purchased is 49 decibels, so it does not fall under the "over 50 decibels at 1,000 feet rule." The Committee requested staff to research the following: 1 ) availability of mufflers for leaf blowers on the market that produce less decibels and the cost to replace the mufflers on existing leaf blowers; 2) availability of grants for quiet communities; and 3) meet with the Gardeners Association for input regarding unlicensed operators, mufflers being used and a letter stating their support for a City ordinance limiting early morning and late evening working hours (operation of gardening equipment) on weekends. The Committee unanimously decided not to take any action regarding dust from leaf blowers because there were no scientific studies available to justify recommending regulation. URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, January 14, 2002 Page -3- B. Discussion and Committee recommendation regarding City/Countyoil drilling. requirements Principal Planner Jim Movius gave an overview of the Planning Commission Subcommittee's work and the Planning Commission's recommendations. After reviewing all the City's ordinances pertaining to oil wells, drilling and production, the Planning Commission recommended the following: consolidating ordinances into one section of the Municipal Code so developers and oil companies would be able to locate the standards in one place; removing the provision pertaining to limited application of th'e zone to areas annexed since1998 so the zone would apply Citywide; an amendment to increase the public hearing notice requirement and to notify operators of record on file with DOGGR; and a requirement of 305 foot minimum lot frontage and width of drill sites located within subdivisions. Staff recommended they bring a matrix back to the Urban Development Committee showing the old ordinance, new ordinance and a comparison to the County's ordinance. The Committee approved staff's recommendation to bring this back to the Committee for further review and recommendation to the Council. 5. NEW BUSINESS A. Discussion and Committee recommendation regarding zoning for residential and commercial/industrial uses in the area of East 18th Street - Hardisty Development Services Director Jack Hardisty stated the concerns about the work proceeding at the Superintendent of Schools project at what used to be Sandstone Brick have been mostly resolved. Most of the delays with excavation were because it was an old industrial site and every time they dug they bumped into something new and the State would require more testing or remediation. The above problem Solving evolved into discussions about residential and commercial mix of uses in Commercial/Industrial zones. The City does allow residential uses in Commercial and Industrial zones. In some Commercial zones it is allowed as a matter of right. In Industrial zones, a conditional use permit (CUP) is required because there needs to be a judgement call on a case by case basis as to whether there is going to be a hazardous exposure for any mix of residential and industrial. A caretakers quarters is allowed on industrial property. Committee Member Benham stated she supports this type of mixed use. For instance, if an artist has a studio, to be able to live there also. She agrees that across the board, the City could not allow residential uses in industrial zones without applying for a CUP, but questioned if it would be possible to do an area in Old Town Kern to test the viability of mixed uses. URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, January 14, 2002 Page -4- Mr. Decker stated the area he is talking about is by the Sandstone location and it is industrially zoned. He bought a large building with the idea of a live and workspace. In other cities there are studious with living space called live-work space. He would like living space larger than the 220 square feet of allowable caretakers quarters. His buildings all together are about 14,000 square feet and could accommodate four or five of these types of live-work space units - one or two for his use and the balance to rent out. His business is in the arts, glass and antiques. He wants to be able to go ahead with his project without having to obtain a conditional use permit. The conditional use permit for building and fire codes is $1,342 per property. Pauline Larwood spoke in support of this idea and encouraging more of this type of development in the downtown. Jack Hardisty stated the City could initiate a zone change to Commercial for the area. Current industrial uses in the area would just be nonconforming, but expansion would be subject to a conditional use permit and a hearing. There is a considerable amount of Industrial zoning between East Bakersfield and downtown, everything from about "R' Street to Baker Street. An overlay could be done of the area around Sandstone~ but care must be taken not to. include someone who is relying on the protection of the Industrial zone and put their property at risk. Staff will prepare a report to bring back to the Committee on how to accomplish introducing a new way to mix land uses. It was suggested a case could be made that it would benefit the plans for Baker Street and the downtown to introduce mixed uses, as it would promote in-fill. The Committee requested a diagram of the area, which shows the Industrial zoned property. The Committee would like Mr. Decker to be notified of the meeting when this comes back on the agenda. 6. COMMri'rEE COMMENTS Committee Member Maggard spoke about the railroad crossing on Baker Street, which has been repaired in such a manner that it causes cars to scrape underneath as they cross. Due to complaints, Public Works is already checking into the problem. Committee Chair Couch stated he recently toured railroad crossings in disrepair with Public Works staff and a representative from Roy Ashburn's office and the PUC. The process to get a railroad crossing repaired is very bureaucratic, as only after many complaints will the PUC come out, and they must inspect each crossing before they will notify the railroad of the needed repairs. If staff will draft a letter to the PUC requesting streamlining of the process, he would gladly sign it. URBAN DEVELOPMENT COMMITTEE AGENDA SUMMARY REPORT Monday, January 14, 2002 ' Page -5- 7. ADJOURNMENT The meeting adjourned at 2:25 p.m. Attendance - staff: City Manager Alan Tandy; Assistant City Manager John W. Stinson; City Attorney Bart Thiltgen; Development Services Director Jack Hardisty; Deputy City Attorney Ginny Gennaro; Planning Director Stan Grady; Principal Planner Jim Movius, Planning; Assistant Recreation and Parks Director Allen Abe; Police Captain Bryan Lynn; Street Superintendent Luis Peralez, Public Works; and Administrative Analyst Trudy Slater. Others: Cassie Daniel, Bakersfield Association of Realtors; Jack M. Rademacher, N.A.R.L.S. Coalition; Pauline Larwood, Smart Growth Coalition; Bill Hoy, Bill's Lawn Service; Chris Parker, Parker's Landscape Service; Larry Jack, Grass Masters; Efren Calaustro EVC Gardening; Tammy Brown, reporter, KUZZ News; and Nick Gronikorski, KBAK-TV. cc: Honorable Mayor and City Councilmembers S:~lOHN~Urban Dev2002~ud02jan14summanj.wpd City of Bakersfield Proper Use of Leaf Blowers Use leaf blowers responsibly: Lawns ..... Gardens ..... Shrubs ..... Trees Landscaping ..... Debris Operate blowers only at reasonable hours; recommended hours of operation are 8:00 a.m. to 5:00 p.-m. Monday through Saturday. Avoid pointing blower nozzles toward people and private property Operate power blowers at the lowest possible throttle speed to do the job-avoid unnecessary noise levels. Watch out for pedestrians, children, pets, open windows or freshly washed cars; blow debris safely away. Use the blower nozzle extension so the air stream can work close to the ground in order to minimize complaints. Do not blow debris into the street or onto property of others. Be polite'! Promptly clean up debris. DRAFT 2/11/02 B A K E R S F I E L D MEMORANDUM February 8, 2002 TO: Urban Development Committee FROM: Jack Hardisty, Development Services Dir,~~/ SUBJECT: Proposed Amendments to City Oil Well.~Production-Related- Ordinances Following is a brief overview of the ordinance changes related to petroleum extraction. Summary statements are followed by a summary comparison of existing, proposed and county ordinances in table form. Ohapter 15.66: Standards from Chapters 15.67 (Oil and Gas Production), 17.46 (Drilling Island Zone) and 17.47 (Petroleum Extraction Combining Zone) have been integrated into Chapter 15.66 (Drilling for and Production of Petroleum). Italic represents text from Chapter 15.67. Italic underline represents new text. Chapter 15.67: Proposed to be merged with Chapter 15.66. Chapter 15.67 would be deleted. Chapter 17.46 (Drilling Island Zone): Removed provision that limited application of this zone to areas annexed since 1998. Proposed amendment allows zone to apply city-wide. Standards of Chapter 15.66 apply. Chapter 17.47 (Petroleum Extraction Combining Zone): Removed provision that limited application of this zone to areas annexed since 1998. Proposed amendment allows zone to apply city-wide. Standards of Chapter 15.66 apply. Title 16 Subdivisions: Amendment to increase public hearing notice requirement to notify operators of record on file with DOGGR. Require 305 foot minimum lot frontage and width of drill sites located within subdivisions. Chapter 17.64 CUPs: Amendment to increase public hearing notice requirement to notify operators of record on file with DOGGR. Proposed City Oil Well Production Related Ordinances February 8, 2002 Page 2 COMPARISON TABLE EXISTING CITY ORD. PROPOSED ORD. KERN COUNTY ORD. BMC 15.66 BMC 15.66 A. Describes permit A. Same County19.98 classes depending on zoning & distance from Provides similar standards residence. B. Centralized location for B. Includes development operational standards from all standards (setbacks, heights, zones for well drilling. storage etc.) BMC 15.67 BMC 15.67 County 19.98 (above) A. Contains standards for A. This ordinance deleted Provides similar standards. drilling operations, standards placed in 15.66 to consolidate & centralize. B. Only applies to areas annexed after Jan.1, 1998. B. Can apply anywhere in City BMC 17.46 BMC 17.465 County 19.98 (Drilling Island District) A. Zone district specifically to A. Zone district create drilling opportunities, purpose remains the same. City ord was copied from county. Contains some standards. Refers to 15.67 for B. Standards placed in 15.66 Ordinances essentially the same. additional standards, to consolidate & centralized. B. Only applies to areas C. Can be used anywhere in annexed after Jan. 1, 1998 City. BMC 17.47 BMC 17.46 County 19.66 PE (Petroleum Extraction Zone) A. Zone district specifically to A. Zone district purpose remains City PE ordinance was copied from address development in oil the same. county. fields where large residential lots or commercial B. Standards placed in 15.66 to Ordinances essentially the same. development is planned, consolidate & centralize. B. Contains standards. C. Can be used anywhere in the City. C. Only applies in areas annexed after Jan. 1, 1998. BMC Title 16 (Subdivisions) BMC Title 16 (Subdivisions) County A. Contains requirements for A. Expands mineral rights interest notice to mineral rights owners notice to operators based on County subdivision ordinance & leases_shown on title report. DOGGR information, does not contain special provisions for noticing mineral rights owners. B. Provides subdivisions with B. Requires minimum Drill site options on how to frontage of 305 ft. accommodate drilling operations (existing and C. Requires covenant within 250 ft. future), of drill site. BMC 17.64 BMC 17.64 County 19.98.040 C.U.P. (Conditional Use Permit) CUP Drilling by CUP. No special A. Provides for increased noticing A. Added Notice to operators as notice radius referenced. radius for drilling operation provided by DOGGR. No added notice for operations. CUPs.. Proposed Oil Well and Production Related Ordinances February 8, 2002 Page 3 There are also three changes staff recommends for clarification: Page 8, Section I.: Wells;--'~ sites and production operations established prior to September 19, 1992, may continue to operate pursuant to permits issued for them, shall be exempt from the new provisions of this chapter. However, significant changes or modifications that necessitate new permits as required by the ~ Director of Prevention Services, or desiqnee, or B.Z.A., shall be required to comply with the provisions of this chapter, or obtain modifications as permitted in Section 15.66.030(E). Page 12, Section 19: Site Restoration. Site restoration shall commence within 90 days upon completion of all drilling and/or production activities or upon abandonment of the well site. Well abandonment will be conducted in accordance with the regulations of the ~.C.C.D.O.G.G.R. Before final abandonment, all drilling/production equipment shall be removed from the site. Fences shall be dismantled, all signage removed, and the site regraded so as to break up impermeable surfaces and fill in all sumps to restore the site as nearly as practicable to a uniform grade. Temporary earthen sumps may be used for clean-out or remedial work on an existing weft or other production facility. However, these sumps shaft be filled and the site restored as nearly as practicable to a uniform grade within ninety (90) days after the clean.out or other remedial work is completed. The Reqional Water Quality Control Board also has additional jurisdiction over sumps .... Page 13, Section 22: ... The front yard and street side yard setbacks of the zone district in which it is located shaft requlate the location of fencinq. Page 14, Section 2: ...The front yard and street side yard setbacks of the zone district in which it is located shall regulate the location of the wall. cc: Alan Tandy, City Manager Bart Thiltgen, City Attorney John Stinson, Assistant City Manager JM:JH:djl P:\Memos\ProposedOWPO.memo.wpd B A K E R S F I E L D MEMORANDUM February 11,2002 TO: Urban Development Committee FROM: Jack Hardisty, Development Services Dir suBjECT: Landscape Enforcement Since our last discussion of enforcement of the landscape ordinance staff has contacted additional cities concerning their enforcement provisions, especially with respect to trees. Generally, what has been found is that, except for heritage trees, regulations are not as focused on maintenance and care of privately owned trees. It was suggested at our December meeting that the city ought to focus its attention on caring for its own trees and requiring appropriate maintenance and care of those required by ordinance. As to the trees required of commercial, industrial and multi-family developments, current ordinance requires replacement of trees of similar size ( not to exceed 48" box) within 120 days. The committee might consider shortening that time frame. Current ordinance provides for a $500.00 fine and / or six months of jail time if the conflict over compliance were to escalate to a criminal complaint. O. ur practice has been to give notice to correct as a first step. It was also suggested that persons who pruned or cut trees for pay be required to obtain a permit to do that work and that they follow International Society of Arboriculture guidelines.