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HomeMy WebLinkAbout06/14/2007 • B A K E R S F I E L D Staff: Rhonda Smiley Zack Scrivner, Chair Harold Hanson Ken Weir SPECIAL MEETING NOTICE PLANNING AND DEVELOPMENT COMMITTEE of the City Council -City of Bakersfield Thursday, June 14, 2007 1:00 p.m. City Manager's Conference Room, Suite 201 Second Floor -City Hall, 1501 Truxtun Avenue, Bakersfield, CA A G E N D A 1. ROLL CALL 2. ADOPT MAY 3, 2007 MINUTES 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Discussion regarding the proposed Joint City/County Open Space Advisory Committee -Tandy/Smiley B. Discussion regarding the Joint Emergency Transportation Task Force - Tandy 5. COMMITTEE COMMENTS 6. ADJOURNMENT S:\Council Committees\2007\07 PlanningNtDevelopmentUune 7 & 14\07 June 14 agenda.doc B A K E R S F I E L D St :Rhonda Sm y For: Alan Tandy, City Manager MINUTES Zack Scrivner, Chair Harold Hanson Ken Weir PLANNING AND DEVELOPMENT COMMITTEE Thursday, May 3, 2007 - 1:00 p.m. City Manager's Conference Room -Suite 201 1501 Truxtun Avenue, Bakersfield CA The meeting was called to order at 1:00:38 PM 1. ROLL CALL Committee members present: Councilmember Zack Scrivner; Chair Councilmembers Harold Hanson and Ken Weir Staff present: City Manager Alan Tandy; Assistant City Manager John W. Stinson; Assistant City Manager Christine Butterfield; Management Assistant Rick Kirkwood; Public Information Officer Rhonda Smiley; City Attorney Virginia Gennaro; Public Works Director Raul Rojas; Development Services Director Stan Grady; Associate Attorney Michael Richards; Planning Director Jim Movius; Building Director Phil Burns; Civil Engineer Ted Wright Others present: Dave Dmohowski, Premier Planning Goup; Steven Teglia, Bakersfield Chamber; Cassie Daniel, Homebuilders Association; Chris Clark, TRIP /Parsons; Dave Price, Kern County Resource Management Agency; Maria Aleman, Auto Source America; Jerry Armstrong, City Auto Group, Inc.; Bart Vielrano, City Auto Group Inc.; Juan Castillas, NextCar USA; Roger McIntosh, McIntosh & Associates; Lyn Espericueta, California Auto SCS; Scott Blunck, Castle & Cooke; Kevin Barton, Young Wooldridge; Various members of the media 2. ADOPT APRIL 5, 2007 MINUTES 1:01:15 PM Adopted as submitted. Planning and Development Committee May 3, 2007 Page 2 3. PUBLIC STATEMENTS None. 4. NEW BUSINESS A. Discussion regarding Highway Funding Proposal -Tandy / Rojas 1:01:50 PM City Manager Alan Tandy provided an overview of nine staff recommended action items for City transportation plans, funds, and construction activity. A copy of the memorandum to Mayor and Council dated April 5, 2007 and slide show presentation was provided. Mr. Tandy made several comments regarding Kern County's proposal and asked that the City Council respond with an action orientation and tangible plan. Committee member Harold Hanson asked that the County Ad Hoc Roads Committee appointments be part of the May 9, 2007 agenda. Committee Chair Zack Scrivner requested comments from guest speakers regarding highway dedication and traffic impact fees. Roger McIntosh of McIntosh & Associates advised that without seeing the program or proposal or having an understanding of the model, he is unable to address the issue. However, he would like to see the sales tax referendum be brought to the February 2008 ballot. Committee Chair Scrivner asked for staff recommendations. Alan Tandy asked that the Highway Funding Plan be brought to City Council for action and then staff implementation. 1:32:59 PM Motion to forward action plan to City Council for adoption passed unanimously by vote: Ayes: Scrivner, Hanson, Weir Noes: None Abstain: None Absent: None 5. DEFERRED BUSINESS A. Discussion regarding electronic message signs -Grady / Gennaro 1:33:29 PM Director of Development Services Stan Grady advised that staff met with the Bakersfield Chamber of Commerce to discuss the electronic message Planning and Development Committee May 3, 2007 Page 3 signs used in the City. Steven Teglia of the Bakersfield Chamber of Commerce presented the following comments regarding electronic message signs: • That any ordinance, current or amended, allows for the advancement of technology; • The Chamber agrees in regulating the use of video signs; • Requests that the City establish some type of contractual or permit agreement with businesses identifying penalties for usage of electronic signs; • The Chamber is not supportive of completely limiting the use of all electronic signs. Stan Grady indicated that if electronic signs are allowed, more discussion will be required. Development Services will conduct additional research to explore more options. Committee member Harold Hanson expressed concerns putting in place an ordinance that allows the use of electronic signs by adult entertainment businesses and the conflicts the City may encounter in reference to freedom of speech. City Attorney Ginny Gennaro explained that the current ordinance does not allow animated signs and digital billboards. City Attorney Gennaro recommends enforcement of the current ordinance and later have staff modify the ordinance to allow new technology. Ginny Gennaro shared an article from the Washington Post relating to digital billboards affordability to businesses and the struggles municipalities have regulating the billboards. The article also addressed a study by the Federal Government regarding the hazards animated billboards cause the driving public. The Development Services staff will work with the Bakersfield Chamber of Commerce to get additional information and community feedback. Committee Chair Scriver requested this discussion be deferred to the next scheduled meeting. B. Discussion regarding temporary signs -Grady /Gennaro 1:44:42 PM Development Services Director Stan Grady gave a slide show presentation regarding issues relating to correction notices given to businesses for signs along major roadways and the auto mall area that are not in compliance with the current sign ordinance. Under the current sign ordinance the following signs are prohibited: Planning and Development Committee May 3, 2007 Page 4 • Banners, flags, pennants and balloons, except as permitted; • Permanent for sale signs; • Portable signs; • Vehicle signs One option for businesses is use of the Special Event Signs Process. The process provides a means of publicizing events such as grand openings carnivals, parades, charitable events, community holiday activities and other related events. The Special Event Signs are limited per business to forty-five days per calendar year in any combination of durations provided the number of special events does not exceed five per calendar year. However, no single event may exceed a duration of fifteen consecutive days. The Bakersfield Auto Mall has a special sign designation in the sign ordinance which relates to the specific signs permitted in that area. Bart Nelson of City Auto Group asked the Committee to give the same consideration to smaller auto groups. Stan Grady clarified that the Bakersfield Auto Mall is under the same criteria as the City Auto Group and were also cited for non-compliance. Mr. Grady offered to provide a comparison between the two businesses in regards to issues of public rig ht-of-way. Lynn Espericueta with California Auto Center asked if there is any correct way to use the banners on their lot. Staff advised that businesses are allowed special event permits for banners in accordance with the Special Event Signs Process. Committee Chair Scrivner would like more discussion between staff and local businesses that were cited. Jerry Armstrong of the City Auto Group, Inc. stated that removing the banners gave their business the appearance of being vacant and cut their business in half. Committee member Ken Weir would like the Chamber of Commerce to assist with the discussion between staff and local businesses regarding temporary signs. Committee chair Scrivner suggested staff and the Chamber of Commerce prepare a press release or website announcement. This item will be deferred to a future meeting. 6. COMMITTEE COMMENTS None Planning and Development Committee May 3, 2007 Page 5 7. ADJOURNMENT The meeting adjourned at 2:03:12 PM cc: Honorable Mayor and City Council members APPROVED 6/14/07 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM June 6, 2007 TO: Q Alan Tandy, City Manager FROM: `Rho da Sm' ,Public Information Officer SUBJECT: Open Space Advisory Committee Council Referral #001759 Councilmember Scrivner referred to the Planning and Development .Committee a request from Kern County for the City to commen# on a proposal to create an Open Space Advisory Committee and for the City's participation on the advisory committee. The Board of Supervisors made a referral to the County .Planning Department on March 13, 2007 to evaluate the formation of a Metropolitan Bakersfield Open Space Advisory Committee. r According to the attached correspondence, dated April 30, 2007, from. Kern County Planning Director, Ted James, to City of Bakersfield Development Services Director, Stanley Grady, "the committee's purpose would be to explore opportunities for acquiring open space resources for the benefit of the community". Per the County's proposal, the committee would include a representative of the Board of Supervisors, Bakersfield City Council, special interest groups,. industry groups, and City and County Parks and Planning Department staff.. Staff has been asked to report on the processes already in place to identify and implement open space. The- Bakersfield Metropolitan General Plan is the principal guideline used by the City and the County; Chapter IV is entirely devoted to the Open Space Element. Attached for your reference, it identifies issues and goals, one of which is the acquisition of new lands for open. space. Further, it specifically sets forth the policies by which the goals are to be achieved and an implementation program to be carried out by the City of Bakersfield and the County of Kern. Referral #1759 -Proposal for Open Space Advisory Committee June 6, 2007 Page 2 Existing General Plan policies include the following: - preservation of open space in the northeast area; - encourage. depleted resource extraction, reuse of abandoned landfill sites, and groundwater recharge lands for recreation and open space purposes; - creation of master plan for greenbelts, landscape corridors and water elements; - encourage public neighborhood. parks; - establish appropriate links for trails and parks (with emphasis on the northeast area). As you are aware, the City and County are currently working together to update the General Plan. In cooperation with .the Greater Bakersfield Vision 2020 Committee, four community workshops were scheduled in May to solicit public input. Vision 2020 is also sponsoring acommunity-wide survey as another means of gathering feedback. As the process moves forward, there will be additional opportunities for the community to voice their opinions on all aspects of the General Plan, including parks, trails and open space issues. It would appear then, that the General Plan update .process now underway covers the issues of public input and resultant polices and procedures. If another duplicative and parallel process is created which results in different conclusions, it is questionable as to what the new additional process. will actually accomplish. In the end, the General Plan will continue to be the primary guideline relied upon by the City and the County. Separately, but related, the City is also working on an update of the Recreation and Parks Master Plan that will include current and future needs assessments for park land. Public input was obtained through meetings with local organizations, a citywide phone survey, and two community workshops to identify the type of park and recreational amenities wanted and utilized by area residents. Those results will be incorporated into the updated Recreation and Parks.. Master Plan and .presented to the Community Services Committee, then to the City Council The periodic update of the Metropolitan General Plan and the Recreation and Parks Master Plan both provide opportunities-for public participation and recommendations for open space and park needs. However, even without those processes taking place, the City already has a demonstrated track record in support of long range conservation and preservation of land for' open space, as noted by the following land designations that have been or will be put into. place: • Adopted the Metropolitan Habitat Conservation Plan .for habitat preservation, including the purchase of lands both inside and outside the metro area for habitat preservation and open space;this has a large budget and it's own legal process for identifying and acquiring open space; • Approval of the Bakersfield Cactus Preserve (northeast); • Adopted the Kern River Plan for parks, trails and open space along the Kern River, Referral #1759 -Proposal for Open Space Advisory Committee June 6, 2007 Page 3 • Adopted parks, trails and open space plans for Riverlakes Ranch, the Polo Grounds, Western Rosed-ale, and Rosedale Ranch (northwest) with linkages to the Kern River; will be adding Stockdale Ranch recreation/open space plan; • Adopted the Northeast Parks, Trails and Open Space Plan with linkages to the Kern River; • Approved recreation/open space plans with linkages to the Kern River and Northeast Plan in the northeast for Watermark (1 square mile) and Riverview (1 square mile); will be adding recreation/open space plan from proposed Rio Bravo Ranch (3 square miles) and Canyons (1.5 square miles); • Environmental review currently underway for the new Sports Village at Ashe Road and Taft Highway; • Approved. recreation/open space plans with linkages to the Kern River and new Sports Village in the southwest for McAlister Ranch (3 square miles), and Old River Ranch (2.5 square miles); will be adding recreationlopen space plans from West Ming (3.5 square miles), Flying 7 (4 square miles), and Gateway (6 square miles). All of the open space and recreational projects listed above were, or will be, successfully accomplished through a cooperative effort with private citizens, developers, civic organizations and other public agencies, including Kern County and various State and Federal agencies. The City and the County, using the guidelines. of the Metropolitan Bakersfield General Plan, have effective processes in place that allow and encourage participation by all interested parties with regard to designation of open space areas for our community. ### PLANNING DEPARTMENT TED JAMES, AICP, Director 2700 "M" STREET, SUITE 100 BAKERSFIELD, CA 93301-2323 Phone: (661) 862-8600 FAX: (661) 862-5601 TTY Ralay 1-800-735-2828 E-Mall: planninpl~co.kern.ca.us Wab Addrsss: www.co.kern.ca.us/p tanning April 30, 2007 Mr. Stan Grady, Development Services Director City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 RESOURCE MANAGEMENT AGENCY DAVlD PRICE lll, RMA DIRECTOR Community 8 Economic Development Department Engineering & Survey Services Department Environmental Health Servius Department Planning Department Roads Department (;%~ ~lY t) 3 200) `: .. ~~~~1~~~~21"E~RSF lD lF ~P,gRrMFNr RE: Board of Supervisors Referral to Consider the Creation of a Metropolitan Bakersfield Open Space Advisory Committee Dear Stan: On March 13, 2007, at the request of Supervisor Maggard, the Board of Supervisors made a referral to the Planning Department to investigate the potential of creating a Metropolitan Bakersfield Open Space Advisory Committee. Supervisor Maggard envisions that the committee's purpose would be to explore opportunities for acquiring open space resources for the benefit of the community. As proposed, the committee would consist of a representative of the Board of Supervisors, Bakersfield City Council, special interest groups, industry groups as well as Parks and Planning Department staffs from the City and County. Supervisor Maggard's March 13, 2007 letter to the Board of Supervisors requesting the formation of the Open Space Committee is attached for your information. "1'he :Planning Department would appreciate receiving comments from the City of Bakersfield related to its participation on an open space committee. It is envisioned that such a committee would function in an advisory capacity to the Board of Supervisors and City Council in making recommendations on identifying open space resources, prioritizing acquisitions and making recommendations for acquisitions of open space property. The Planning Department is currently researching what other communities have done to proactively address the conservation of open space areas and will he preparing a report to the Board of Supervisors in the upcoming weeks. Thank you for your prompt attention to this matter. Sincerely, TED J ME ,AICP, Director Kern unt Planning Department TJ:jb Attachment is\adm\ted\Stan Grady open space.lt CHAPTER VI -OPEN SPACE ELEMENT STATUTORY REQUIREMENTS State planning law requires jurisdictions to prepare a plan for the long range conservation and preservation of open space (Government Code Section 65302(e)). As defined by the State, open space should include lands for: (a) the preservation of natural resources; (b) the managed production of resources; (c) outdoor recreation; and (d) public health and safety (Government Code Section 65560(b)). Under this broad definition, open space is encompassed in several General Plan elements including Land Use, Conservation, Parks and Safety. To minimize repetition this Open Space Element will deal with those open space amenities not covered in these other elements. A. OPEN SPACE ELEMENT OVERVIEW OF EXISTING CONDITIONS AND ISSUES There are approximately 100,237 acres of agriculture/open space in the planning area (see graph on page II-1 of the Land Use Element), representing over 57.76 percent of the total land use acreage. The majority of this open space is devoted to agricultural uses, consisting of both row and tree crops, and to large tracts of land devoted to oil explorations. Non-farm and non-oil open space occurs predominately in the floodplain areas along the Kern River, with large floodplain areas occurring west of Allen Road; in the steeper hillside areas east of Comanche Drive; and along Alfred Harrell Highway. The Kern River Plan Element establishes policies aimed at protecting what is thought of as the area's greatest natural resource, the Kern River. Due to both the size and extent of the Kern River within the study area, the river offers the highest potential for the provision of regional open space opportunities. OPEN SPACE ISSUES The planning area lacks a cohesive system of open space amenities, with many of the area's major amenities including the Kern River, bluffs and foothills being under-utilized as open space resources. The aesthetic value of open space areas and the impact of development on public viewsheds should be considered. Cut-and-fill grading techniques employed to accommodate development alter natural topography and ridgelines. VI-1 CHAPTER VI -OPEN SPACE ELEMENT GOALS AND POLICIES The following presents the goals and policies for open space in the planning area. Implementing programs are contained in the following subsection. At the end of each policy is listed in parenthesis a code beginning with the letter "I" followed by a number. This code refers to the pertinent implementing program. GOALS 1. Conserve and enhance the unique aspects of open space within the planning area. 2. Create an integrated system of open space amenities in the planning area. 3. Locate and site development to minimize the disruption of open space areas. 4. Acquire new lands for open space. 5. Create 20 major tree-covered corridors that connect to and include the Kern River Parkway, safe bikepaths and GET bus routes. 6. Create a greenbelt corridor along the Kern River with increased recreational opportunities. POLICIES Goals will be achieved through the following policies which set more specific directions and guide actions. Promote the establishment, maintenance and protection of the planning area's open space resources, including the following (I-1) (I-2) (I-3): a) Conservation of natural resources (refer to Chapter II-Land Use, Chapter V-Conservation, and Chapter XII Kern River Plan Element). Kern River corridor Management of hillsides b) Managed production of resources 4griculture (refer to Chapter V-Conservation/Soils and Agriculture) Oil production (refer to Chapter V-Conservation/Mineral Resources) VI-2 CHAPTER VI -OPEN SPACE ELEMENT c) Outdoor recreation Parks (refer to Chapter XI-Parks) Kern River corridor (refer to Chapter II-Land Use, Chapter V- Conservation, and Chapter XII-Kern River Plan Element) d) Public health and safety Hazard avoidance (refer to Chapter VI I I-Safety) 2. Development of ridge lines within the planning area should consider natural topographic constraints (I-2). 3. Hillside development should exhibit sensitivity and be complementary to the natural topography (I-2). 4. Require the use of grading techniques in hillside areas that preserve the form of natural topography and ridge lines (I-2). 5. Development location and siting should be sensitive to its relationship to the Kern River (I-3). 6. Development on or adjacent to bluff areas should complement the natural topographic integrity of such areas (I-2). 7. Consider the use of groundwater recharge lands for recreation, habitat and alternate resource uses (I-4). 8. Consider reuse of abandoned landfill areas for recreational and open space purposes where it can be shown that the landfill does not present a health hazard (I-5). 9. Encourage depleted resource extraction sites to be restored as alternative open space or developed with uses compatible with those adjacent (I-5). 10. Create a master plan for greater Bakersfield for greenbelts, water elements and landscape corridors. (I-6) 11. Create an Ad Hoc Tree Advisory Committee to develop a tree ordinance for greater Bakersfield that ensures a sustainable urban forrest. (I-6) 12. The City of Bakersfield will pursue preservation of open space within the Northeast Bakersfield Open Space Area (NBOSA) (bubble map, on file at the City of Bakersfield Planning Department). (I-7) VI-3 CHAPTER VI -OPEN SPACE ELEMENT 13. The intended usage of the NBOSA includes open space, parks, trails and other habitat and recreational uses. (I-7) (I-8) 14. Develop a land use and trails plan (Specific Plan) for the NBOSA. (I-8) 15. Encourage the establishment of public neighborhood parks in or adjacent to the NBOSA as subdivisions are approved. (I-8) 16. Establish linkages between NBOSA and adopted trail systems. (I-8) (I-9) 17. Support the establishment of an area for off road vehicle use. Potential areas include, but are not limited to, property adjacent to the Bena land fill, an area adjacent to Round Mountain Road, and areas adjacent to Breckenridge Road, east of Comanche Road. (I-11) 18. Establish open space/trail linkages from the NBOSA to public and quasi public facilities such as CALM, Hart Park, soccer park, Lake Ming and the Kern River Corridor. (I-7) (I-8) 19. In the review of site specific development plans, encourage access from proposed development adjacent to the NBOSA to provide public access to open space and trails. (I-9) 20. Where possible, and with the cooperation of wildlife agencies, utilize Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) resources to expand/create habitat preserves with the NBOSA. (I-7) (I-10) IMPLEMENTATION The following are programs to be carried out by the City of Bakersfield and County of Kern to implement the goals and policies of the Open Space. Element. This listing is not to limit the scope of implementation of this plan. State law requires that planning agencies recommend various methods of implementation of the general plan as part of their on-going duties. Implement the programs identified in the Land Use, Parks, Soils and Geology, and Hazards sections of the General Plan. 2. Hillside Management Ordinance for the City of Bakersfield regulates development in areas of excessive slope in northeast Bakersfield. Kern County's existing ordinance will be augmented as necessary. 3. Implement Kern River Plan Element policies regarding development sensitivity to the river resource. VI-4 CHAPTER VI -OPEN SPACE ELEMENT 4. Agencies involved in groundwater recharge projects should coordinate as appropriate to achieve multiple use of recharge areas where feasible. 5. Where appropriate, rezone abandoned landfill areas and resource extraction sites to allow open space or development uses complementary of and compatible with surrounding uses. 6. Develop and adopt plans and ordinances as appropriate to greenbelts, water elements, landscape corridors and urban forest policies. 7. With cooperation of private landowners, utilize all resources and programs to expand/create an open space amenity within the NBOSA area. Resources include but are not limited to: Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) resources; public and private grants; land exchanges with private and public landowners; land in-lieu program; development right transfers; conservation easements; dedication of open space within NBOSA for impact fee reduction; and community fund-raising. 8. Pursue the: a. Adoption of a land use plan (Specific Plan) depicting various recreational, open space parks, trails, parking lots, etc. b. Adoption of trail system for the NBOSA which links the project area together. c. Creation of neighborhood parks adjacent to the NBOSA. 9. Review development plans for the purpose of providing access or allowing linkages to the NBOSA. 10. Work with Federal and State wildlife agencies, through the MBHCP Trust Group, to enlarge existing preserve areas and provide for limited trail use and interpretive programs within preserve areas so long as the integrity of the preserve can be protected. 11. Work with ORV users, Kern County, State and Federal agencies to assist in identifying financial resources and property which could be made available for ORV use. VI-5 Kern County Administrative Office County Administrative Center .115 Truxtun Avenue, Fifth Floor • Bakersfield, CA 93301-4639 Telephone 661-868-3198 • FAX 661-868-3190 • TTY Relay 800-735-2929 RONALD M.ERREA County Administrative Officer REVISED #27 PM Apri124, 2007 Board of Supervisors Kern County Administrative Center 1115 Truxtun Avenue Bakersfield, CA 93301 RESPONSE TO BOARD REFERRAL ON FORMATION OF EMERGENCY TRANSPORTATION FUNDING TASK FORCE FiscalImpact: None On March 27, 2007, your Board considered the matter of forming an Emergency Transportation Funding Task Force and requested that the County Administrative Office report back to the Board with recommend options concerning the above referenced Task Force involving the City of Bakersfield and the County. Planning and Roads department and Resource Management Agency staff met on this issue to discuss the pros and cons of forming such a task force and in consultation with the County Administrative Office have formulated the following recommendations for Task Force composition. At the time of agenda posting, the City of Bakersfield had not yet commented on the task force proposal. Should the Board choose to move forward with the formation of the group, the following proposes an outline of the formation, purpose, functions, membership and other factors related to a task force. FORMATION Pros: 1. Formalization of a task force could serve to better focus interested parties' attention to the issue, definitively evaluate data to achieve broad and shared understanding of the facts, and bring better directed effort to bear to find solutions. 2. A task force may help to establish additional momentum to address regional transportation issues so that these issues are given and maintain a high priority in the minds of participants and does not suffer from becoming a "lower priority". 3. If participants are active and representative of their constituent groups, aready-made, cross section of the community will be mobilized to move to the next level and seek support for broad based solutions such as a local safe roads transportation measure. Board of Supervisors Emergency Transportation Funding Task Force Apri124, 2007 Page 2 Cons: 1. Misunderstanding about the tole of a task force could result in the creation of "another layer" of review and could create confusion on the part of the public and delay progress in addressing the fundamental issues. 2. The larger the cross-section of participants in order to be inclusive, the greater the problem of inertia due to diversity of viewpoints unless there is an overriding desire for reaching solutions. 3. Such high profile exposure to our transportation funding deficiencies prior to the development of feasible solutions may result in attracting litigation. Recognizing that there is general support from the Board of Supervisors for directed and focused effort to address this situation as quickly as possible, the formation of a task force would appear to be the preferred alternative. Efforts should be undertaken to address the potential impediments to success that are noted above. PURPOSE The proposed purpose of the Task Force would be: "To deliver a plan that identifies and updates the necessary metropolitan Bakersf eld transportation projects required to meet the needs of current and projected new development within the Metropolitan Bakersfield General Plan area. " The Purpose would be achieved through the following scope of work: 1. Identify the current and future project list required to meet the level of service standard 2. Identify current and future funding sources during the same time frame as # 1 above 3. Identify any funding gaps 4. Identify future funding sources to address shortfalls S. Identify other traffic mitigating solutions 6. Identify project cost cutting options, such as downscaling, redesign, or rerouting 7. Identify strategies to initiate immediate construction of projects PARTICIPANTS It is proposed that there be three categories of participants in the process-Task Force members, Advisory Committee members, and the general public, as follows: Task Force membership Two Members of the Board of Supervisors Two Members of the Bakersfield City Council Board of Supervisors Emergency Transportation Funding Task Force Apri124, 2007 Page 3 Advisory Committee membership (one r~resentative eachl California Department of Transportation, Region 6 County Resource Management Agency County Planning Department County Roads Department City Development Services Department City Planning Department City Public Works Department Consulting Engineers and Land Surveyors of CA (CELSOC) Home Builders Association of Kern County Kern Council of Governments Greater Bakersfield Chamber of Commerce Kern Transportation Foundation TRIP -Parsons Group Smart Growth Coalition of Kern County These fourteen staff and community representatives would provide technical and policy related information to the four Task Force members. General Public Input from the general public and interested parties, such as project proponents, would form this important aspect of public participation in the process. Based on technical information and public comments, important issues would be identified and addressed by staff. Reports to the Task Force and related recommendations would be received publicly with an opportunity for public comment on all matters at the- noticed meetings. OPERATING PROCEDURES The following would be general operational procedures: 1. Meetings would be open to the public and publicized consistent with "Brown Act" meeting requirements. 2. The Task Force would meet at least monthly to review data, share information, and to offer input into the plan development process. 3. The meetings would be noticed and agendas created by the City Manager's Office and County Administrative Office. Staff will distribute any materials related to the Task Force's activities. 4. Meetings would occur in either the Board of Supervisors' Chambers or the City Council's Chambers and be televised on KGOV. . Board of Supervisors Emergency Transportation Funding Task Force Apri124, 2007 Page 4 Information would be provided to the group based on the efforts of aCity-County-Caltrans-Parsons Team that would focus on the scope of work outlined above and comments received at the meetings. These efforts would occur during separate working sessions scheduled between meetings. After discussion by the full group, the Task Force members may make recommendations to the Board of Supervisors and the City Council. Therefore, IT IS RECOMMENDED that your Board approve the formation of an Emergency Transportation Funding Task Force; approve the proposed Task Force and Advisory Committee membership; and appoint two members of the Board of Supervisors to serve on the Task Force. Sincerely, ~~.~- ~ ~' ~~ Ronald M. Errea County Administrative Officer RM E/ACK/POLGENTRANSPORTAT10N2.doc CF 600.65 cc: City of Bakersfield Resource Management Agency Roads Department ,Planning Department County Counsel The following documents pertain to the: PLANNING & DEVELOPMENT COMMITTEE meeting of Thursday, June 14, 2007 at 1:00 PM. ]une 12, 2007 Planning and Development Committee City of Bakersfield 1501 Truxton Ave. :Bakersfield, CA 93301 .Dear Gommr~ Members, As you consider the formation of a Community Open Space Committee I would like you to consider the 'tWlowing points of information from contemporary urban planners as touching the importance of Open Spaces for balanced growth: • Studies. by the American Farmland Trust consistently show that farmland and open space pay more in taxes than they require in services -providing surpluses to the community. • A 2006 American Farmland Trust Study (see attached Fact Sheet: -Cost of Community Services Studies) of the Cost of Community Services in over 100 communities across the Urii#ed .States, consistently shows the economic benefit of maintaining an open land component to produce balanced, smart and economically wise planning and growth. • Many strategies are being used to mitigate Open Space approaches to Urban Planning and Growth, (see attached Fact Sheet: Transfer of Development IZghts) Undeveloped and open land has value in the .same way an individual has an unused savings account. You don`t have to spend it to appreciate and understand that it's there if you need it. Communities who g'n-e up to much open space and agricultural land have essentially pent their "savings account," and have greatly limited their options for the future. Please give accommodation to the establishing of this needed group for the .short and long term planning and devebpment of our city and County..It is needed because of the public perception that these kinds of determinations/deals are made "behind closed doors," where ctandesfine deals are being made by the Gty's administrative staff and elected officials. By establishing -this committee you will be introducing a transparency that will restore the .public's trust. Sincerely, Will Winn 5809 Meadow Oaks Ct. Bakersfield, California 93306 AMERICAN FARMLAND TRUST - FARMLAND INFORMATION CENTER FACT SHEET CosT o~ ~MMUNiTY SERVICES STUDIES Ameciaan F~rmland'I'ruisi FnwNUnto Ire Ctaatde One Short Street Suite 2 Nord~mplon, MA 010Ii0 (800) 3701-9879 www.farmtand"infooeg Nw~rrow-c O~ 1200 18th StreeA; NW, Suite 800 Wa~i~on, OC 20036 1202) 337 7300 www.farmland.org ® Augaut 2006 DESCRIPTION Cost of Community Services (COGS) studies are a case study approach used to determine the fiscal crmtribation of existing local land uses. A subset of tie much larger field of fiscal analysis, COOS studies have emerged as anvaexpensive and reliable tool to measure direct fiscal relationships. Their pamcnlar niche is to evaluate working and open lands on equal ground with residential, commercial. and industrial land uses. COOS studies are a snapshot in time of costs versos revenues for each type of land use- They do rat predict future costs or revenues or the impact of future growth. They do provide a boseline of current information to help local officals and citizens make informed land use and policy decisions. METHODOLOGY ht a COOS study, researchers organize financial records to assign the cost of municipal services to working and open lands, as well as to residential, gal and industrial development. Researchers meet with local sponsors to define the scope of the project and identify land use categories to study. For example, working lands may include farm, forest and/or ranch lands. Residential development includes all housing, including rentals, bat if there is a migrant agricul- tutglwork force, temporary housing fur these workers world be considered part of agricultural land use. oftat ;n rural communities, commercial and industrial land uses are combined.. COOS studies findings are displayed as a set of ratios that compare annual revenues to annual expenditures for a community's unique mix of land uses. COGS studies involve three basic steps: 1_ Collect data on local revenues and expenditures. 2. Coup revenues and expenditures and albc~te them to the community's major land use categories. 3. Amlyze the data and calculate revenue-to- ezpenditure ratios for each land use category. The process is straightforward, but ensuring reliable figures requires local oversight. The most complicated task is interpreting existing records to reflect COGS land use categories. Allocating revenues and expenses requires a significant amount of research, including extensive interviews with financial officers and public administrators. HISTORY Communities often evaluate the impact of growth on local budgets by conducting or com- missioning fiscal impact analyses. Fiscal impact studies project public costs and revenues from different land development patterns. They gener- ally show that residential development is a net fiscal loss for communities and recommend com- mercial and industrial development as a strategy m balance local budgets. Rural towns and counties that would benefit from fiscal impact analysis may not have the expertise or resources to conduct a study. Also, fiscal impact analyses razely consider the contri- bution of working and other open lands uses, which are very important to rural economies. American Farmland Trust (AFT} developed COGS studies is the mid-1980s to provide communities with a straightforward and inex- pensive way to measure the contribution of agri- cultural lands to the local tax base. Since then, COGS studies have. been. conducted in at least 125 communities in the United States. FUNCT[ONS ~ PURPOSES Communities pay a high price for unplanned growth. Scattered development frequently causes traffic congestion, air and water pollution, loss of open space and increased demand for cosily public servit~es. This is why it is important for citizens and local leaders ro understand the rela- tionships between residential and commercial growth, agricultural land use, conservation and their community's bottom line. The Fatnw~uvo Iwrar~nav Centr3 (FIG) is a clearinghouse for in6annasion about farmland proeection and stewardship. The FIC is a publidpriv~le partr~etslrip between USDA's Natural Resources Conservation Service and American Farmland Trust. F1~RMLAN Q I NFflRMATtON CENTER AMERICAN FARMLAND TRUST - FARMLAND INFORMATION CENTER COST OF COMMUNITY SERVICES STUDIES For additiawl information an farmland protection and stewa~rd¢rip contact the Farmland Irdorrnatiorr Center. The FIC offers a staffed answer service, online library, program monitoring, ~ci sheets ~ edocatiorral maeeriak. www.farmtartdinfo.ocg COOS studies help address three claims that are commonly made in rural or suburban rnmmtmities facing growth Pressures: 1.Open lands-including producxive farms and forests-are as inrPry..+ ]and use that should be developed to their "highest and best use." 2. Agricultural laud gets an unfair tax break whey it is assessed at its current use value for farming or ranching instead of at its potential use value for residential or commercial developrttent. 3. Real development will lower property ta~oes by increasing the tax base. While it is true that an acre of land with a new house generates more total revenue than an acre of hay or corn, this sells us little about a wmma- nity~ bottom line. In areas where agriculture or are major industries, it is especially important to consider the real property tax con- tribution of privately owned working lands. Working and other open lands may generate less revenue than. residential, commercial or industrial properties, but they require little public itifta- strucntre and few services. COGS studies conducted over the last 20 pears show working lands generate more public rev- enttes than they t+eceive back in public services. Their impact on community coffers itr similar to that of other commercial and industrial land uses. Oa average, because residential land uses Median COCS Resnhs (800) 370.4879 S1.2S 51.00 S0.7S SOSO 50.25 50.00 do not cover their costs, they must be subsidized by other community land uses. Converting agri- cultural land to residential land use should not be seen as a way to balance local budgets. The 6n~dir-gs of COOS studies are consistent with those of vonventional fiscal impact analyses, which document the high cost of residential development and recommend commercial and industrial development to help balance local budgets. What is unique about COCS studies is that they show that agricultural land is similar to other commercial and industrial uses. In every wmmunity studied, farmland has generated a fiscal surplos to help offset the shortfall created by residential demand for public services. This is true even when the land is assessed at its current, agricvlatral use. However as more communities invest in agriculture this tendenry may change. For example, if a community establishes a pur- chase of agricultural conservation easement pro- gram, working and open lauds may generate a net negative. Communities need reliable information to help them see the full picture of their land uses. COCS studies are an inexpensive way to evalu- aae the net contribution of working and open lands. They can help local leaders discard the notion that natural re~souroes must be wnvetted to other uses to ensure fiscal stability. They also dispel the myths that residential development .leads do lower taxes, that differential assessment Programs give Ltndawners an "unfair" tax break and that farmland is an interim land use just waiting around for development. One type of land use is not intrinsically better than another; and COCS studies are not meant m judge the overall public good or long-term merits of any land use or taxing structure. It is np to communities to balance goals such as maintaining affordable housing, creating jobs and conserving land. With good planuittg, these goals can complement rather than compete with each otheL COCS studies give communities another tool to make decisions about their futures. Amman oust per dollar of revenue raisers to provide public services to diiKererrt land uses. ~l_~_ Americar+ Farn'rland Trued Arrrericarr Farmland Trttst works b seep the loss of productive farmland and m promote farming practices that lead en a healthy erwironment Commercial working & Residmcial & Industrial Open Iand AMERICAN FARMLAND TRUST FARMLAND INFORMATION CENTER SUMMARY OF COST OF COMMUNITY SERVICES STUDIES, REVENUE-TO-EXPENDITURE RAT10S iN DOLLARS 8esidential C~daL Wotiomtg & Santtiie iadadiaa ~ Imdostrial Open Land horn hoes Colorado Cnstcr County 1.1.16 1:0.71 1:034 Nr~ertp, 2000 Sapac~ Camtp 1:1.17 1 : OS3 1:035 D;ry Inc, 2001 Bolton 1:1.05 1:013 1:0.50 Geisle; 1998 Dim 1:1.07 1:0.27 1 ; 0.23 Southern Near End Foast Consortium, 1995 Farmiogom 1:133 1:0.32 1:0.32 Southern New England Forest Consortium, 1995 13ebrou 2.:1.06 1:0.47 t :0.43 American Farmla~ Tipsy 1986 add 1 :1.11 1:034 1:034 Southern New England Faust Cor>9rntirrm,1995 Pam Fi id 1:1.06 1:0.27 1:0.$6 Southern New Eagland Forest Coasartium, 1495 ar a I.rnu Cormt7' Geor ia 1:139 i :036 1:0.42 Dorfman, 2004 s APPa~S ~p 1:2.27 1:0.17 1:035 Dorfmary 2004 Arloe Couosy i :139 1:0.42 1:2.04 Dorfman, 2004 ~~ Cart~p 1 : 1S6 1:0.42 1:0.39 Dorfman, 2004 Carroll ~ 1:1.29 1:037 1 : OSS Dolman and Black, 2002 C.~+okne Comfy 1:159 1:0.12 1:020 Dorfman, 2004 Cry 1:128 1:0.45 1:0.80 Dorfman, 2004 ~~ ~f 1:2.04 1 : OSO I :027 Dodmaa, 2004 ~!` ~p 1 e 1.T2 1:0.10 1:038 Darfimran, 2003 i~ ~ 1:1.73 1:0.66 1:022 I)orfiuvan, 2004 Jones Coantp 1:1.23 1:0.65 I : 03S Dorfman, 2004 11TH Coomp 1:1.54 1: OS2 1: OS3 Doman, 2004 ~~~ Camay 1:1.39 1:0.46 1:0.60 Docfmao, 2004 Thomas Coup 1 :1..64 1:0.3$ 1:0.66 Darfiman, 2003 wpm ~p 1:1.08 I :0.79 1 ; OS4 Iiartmaas and Meyey 1997 Cassia Cep 1:1.19 1:0.87 1:0.41 Hammans and Mepey 1997 CamPheB Cep 1:121 1:030 1:038 Amairxn Farmland Trasy 2005 Kennon Camay 1:1.19 1:0.19 1:0.51 American Farmland Tnrsy 2005 Iran-1Ypeme 1:1_b4 1:022 1:0.93 Ameoc~n Farmland Trust, 1999 ' 0)d6am Comte 1:1.05 1:029 i ; 0.44 American Farmland Trust, 2003 bhp f'~p Maine 1:121 1:0.24 1:0.41 American Farmland Trnsy 2003 Betbel 1:129 1 : OS9 1:0.06 Good, 1994 '~ C~tp 2 : i_15 1:0.4$ 1:0.45 Carroll Coump Dew of Management & Budget' 1994 tall ~ 1:1.17 1:034 1:0.66 American Farmland Trust' 2001 ~~ ~'Y 1:1.12 1:028 1:037 Cecil County Of6ae of Economic Devdopmeny 1994 AMERICAN FARMLAND TRUST - FARMLAND INFORMATION CENTER SUMMARY OF COST OF COMMUNITY SERVICES STUDIES, REVENUE-TO-EXPENDITURE RATIOS 1N DOLLARS 7 8esidaotiai COmmacial Worlriog & Sounx iodadiog & ia~iat Open Land fsm Isoases Frederick Co®tp i :1.14 1:030 1:033 Amaicae Farmland Ttast,1997 Har~ord Coamg 1 : LI I i :0.40 1:0.91 Amrtrau Fatmland Tiasy 2003 ICr~ Courep 1: IAS 1:0.64 1:0.42 American Farmland Trost, 20112 Wramioa Cnmuy 1:1.21 1:0.33 1:0.96 Americae Farmhnd Trust, 2001 Agawam 1: i_OS I :0.44 1:031 Amerinn Farmland Trnst,1992 Bec!<et 1:1.02 1:0.83 1:0.72 Soache~ New F.aBland Forest Coosaeanum, 1995 Deerfield 1:1.16 1:0.38 1:0.29 Americaa Fatmbmd Ttest,1992 Frmklin 1:1_02 1:038 1:0.40 Soadeera New Fagaaed Foust Cansaetimq 1995 Gdl 1:1.15 1:0.43 1:0.38 American Fatmland Trttiw, 1992 Levaett 1:1.15 1:029 1:025 5outhein New Forest Caosartium, 1995 Middlehoso 1:1.08 1:0.47 1:0.70 American Farmland T~ 2001 Socnhboroagh 1 : 1.Q3 1:026 1:0.45 Adams and Dees, 1997 d i :1.15 1:0.53 1:039 Sout6em Neer England Forst Consarcium,1995 Willi>ms~uavn 1 : 1_il 1:0.34 1:0.40 Hazlre et aL,1992 Marshall Twp., Calhom Cz~ 1:1.47 1:0.20 1:027 American Farmland Ttust, 2001 Newton Twp., Calhoen Cty. I :2.20 1:025 1:024 American Farmla~ Trost, 2001 '-io Township 1: L40 1:018 1:0.62 Unity of bfChigAn, 1994 M;stecaom Farmm~toa i : lA2 1:0.79 1:0.77 American Facmla~ Trus<, 1994 Labe 100 1:1.07 1:020 1:027 Americas Farmland Trast,1994 Iodeperdeeoe I1 L 1:1.03 1:0.19 1:0.47 American Farmland Trust, 1994 ~ osesea Carboe Coaoty 1:1.60 1:027 1:034 Priem, 1999 Gallmin Comtp t :1.43 1:0.16 1:025 HaSBrrty, 1996 Fluhrad Cocmty .1:1.23 1:026 1:034 Citizens for a Betoer Flathead, 1999 Ncw Hasipdsie Dee~rld 1:1.15 1:022 1:035 Aagq 1994 Doi+er i :1_15 1:0.63 I :0.94 IGr~slcy ei al., 1993 F~ec 1:1.07 1:0.40 1:0.82 Nieblucg,1.997 Fremont 1 : 2A4 1:0.94 1:036 Auger, 1994 (''tam i : 1.01 1 : 0.12 1:0.88 New Hampshire Wildlife :Federatioe, 2001 S~ 1:1.15 1:0.19 1 : 0 ~0 AagRy 1994 Lyme 1 . LOS 1:0.28 1:0.23 P~Irard, 2000 Ncw Jersey . Freehold Township 1 :131 1:0.17 1:033 American Farmland Trost, 1998 Holmdel Township 1:138 1:0.21 1:0.66 American Farmland Trust, 1998 ' riddfetowm Township 1:1.14 1:034 1:036 Amaocan Farmlat~ Trust, 1998 ..per Fc+ee6old Towtnhip 1 ; 1.18 1:020 i :035 American Farmland Trust, 1998 ~1i Tovr~np 1 :1.28 1:0.30 ~ : ass Aat~an Farmland Trust,1998 AMERICAN FARMLAND TRUST - FARMLAND INFORMATION CENTER SUMMARY OF COST OF COMMUNITY SERVICES STUDIES, REVENUE-TO-EXPENDITURE RATIOS IN DOLLARS +~»~y R~tial Commerdat Wtaldng & Swusoe Sz Indastcial Open band iFarm boasa Dices lbod~ Amnia 1:1..23 1:0.25 I :0.17 Badrnall, 1989 Beelcman i : i.12 1:0.18 i :048 Amerccao Farmland Trttst,1989 Diz 1 : iSi 2:027 1:0.31 Sc6nyler City Lragac of Wamrea Voters, 1993 1; 1.22 1:0.27 1:0.72 Kiasann et aL,1991 Fishiodl 1:1.23 1:0.31 1:0.74 $nd®all, i989 Nectar 1:1.30 1 ; 0 25 I :028 Scfss-yler Caoety Lire ~ Women Voters, 1993 Kindr~took 1:1.05 1:021 1:0.17 Concerned Cnit~eos of Kinderhoo~k,1996 Maomoar 1: ISO 1:028 1:029 SchnTkr Comity Leagne of ~ibmen Voters, 1992 Northeast 1:136 1:029 1:021 American Farmland Tnyst,1989 R~diog I :1.88 1: d16 i :032 Schuyler Cot~.y Lrap~ue aE Women Voters, .1992 Red I•ic~ok 1:1.2.1 1:020 1:0.22 Bodmall,1989 ()loin Iii County 1: L22 I :0.45 i : 0 49 Amerccan Fam~land Trust; ?.003 Clark Comty 2 :1.11 1:038 1:0.30 Ametipn Farmland Tiast, 2003 Knox Cottaty i : l_05 1:038 2:0.29 Amerian Familand Tma, 2003 Madison Vr7ia0e 1 : I.67 2:010 2:038 Ameuitmn Farmland Tivst,1993 Madison Tosruship i : 1:1d 1 : Q 25 1:030 American Fanalaad Trasc,1993 °tnltxsvtlle Township i :1.58 I :0.17 1:031 Porte Comity Regmoal Planning Comtniss~, 1997 t~rnnea Alkgheng Tanvnship 1:1.06 2:0.14 1:0.13 Kelsey,1997 Beds Township 1:1.22 1:0.05 1:0.04 Kehry,1997 ileitltei Ta~wnship 1:1.08 1:0.17 1 : d_06 Kehe~ 1992 Bi~ham Township 1 : Lib 1:0.16 2:0.15 Kelsey, 1994 Bndmigbam Towes6ip 1:1.04 1: d.1S 1 : d.08 Kelsey, 19% Gmal! Tawnsh~ip i :1.03 I :006 1:002 Kelsey, 1992 Hopewell Twrnship 1:127 1:032 1:0..59 The Sotalt Cenoial A~Ny for FOectise Gopemaooe, 2002 Maiden Creek Taweship 1:128 1:0.11 2 : U 06 Kelsey, 1998 Richmond Tosraship 1:124 1:0.09 1:004 KelseA 1998 Shitews6mg Tow~ip 1 c I12 1:0.13 1:0.17 The Salt Cstsual Astem6lg for FSecdse Gooemaoae, 2002 StewareisonTeae~ I :2.21 1:023 1:031 Kdsey,1994 Strahan Tower 1 :1.10 1:0.16 1:0.06 Kelsey, 1992 Saredta Township i :138 1: O.d7 1:0.08 Kelsey, 1994 Shade ~d i :1.08 1:031 1:031 Somhan New Fmglamd Fmest Consortium, 1993 Little Compdon 1 : 105 1 : OS6 1:0.37 SomLan New Figland Forest Coasortiuny 1995 Fortsmottth 1:1.16 1:0.27 1:039 Ja~too,1997 West Greeaseich T 1:1.46 1:0.40 1:0.46 Southern IJew England Forest Comsortinm, 1995 ~ ~g 1:1.23 1:025 1:0.41 American Farmland Trust, 2006 Roberson County i :1.13 1:0.22 1:0.26 American Farmland Trust, 2046 Trpoon Couatg 1:1.07 1:032 1 : OS7 American Farmland Trust, 2006 AMERICAN FARMLAND TRUST - FARMLAND INFORMATION CENTER SUMMARY OF COST OF COMMUNITY SERVICES STUDIES, REVENUE-TO-EXPENDITURE RATIOS IN DOLLARS '+y Besidea6ial Comma+dal Warldng & Source & In~ial Open Lam iEa<m h~ Tarns Randeca ~F 1: '1.10 1:026 1:026 American Farmland Tract, 2002 Hcaar Camp 1 :1.25 1:020 1: Q18 American Familand Trust' 2004 T~3ags Cc-omy 1 : I.26 1:030 1:033 American Farmland Trust, 2000 Uqi Cache Clouang 1:127 1 - 023 1:0..37 Snyder and Fagasan,1994 Sesiea Gcwmtp 1:1.11 I :0.31 1:0.99 Snyder and Fagagon, 29'14 (herb ~ 1:123 1:026 1:082 Snyder and 1994 3Ta+apia Aognsta ~ 1:122 1:020 1:0.80 Yalky Coasersadan Coana7, 1997 Bedford Comty 1 : IA7 1:0.40 1:023 American Faauland Trust, 2005 G'ladce Coamty 1:126 1:021 1 : O.IS Piedmont Envinonmemal Comcil,1994 C Gomny 1:1.22 1:0.41 1:032 American Fatmiand Trust, 2003 Tx~oderick Cnasty 1:1_19 1:023 1:033 American Farmland Trost, 2003 N~Lampaon Cooeap 1:1_13 1:097 1:0.23 American Fanmiand Tn+st,1999 ~y 1:1.25 1:030 1:031 Amercan Farmland Trust, 1999 Wisooasm aaa 1 :1.06 1:029 1:0.18 Town of IAnan,1994 Dmo 1:1.02 1:0.35 1:0.15 Wisooosia Land Use Research Probram,1999 ~9 1:110 1:1.04 1:0.41 Wiscoatiin Iattd Llse Research Program, 1999 Westport I :1.11 1 : Q31 1:0_13 Wisoousin Ian Lie Research Fragrant' 1999 Aune~can Farmland Trust's Farmland Information Center acts as a clearinghouse for information about Cost oaf Community Serer stodies. )Lo~usion in this table does not necessarily signify review or endorsement by American Farmland Trost AMERICAN FARMLAND TRUST FARMLAND INFORMATION C E N T E R 1'~` ~~/11~~. FARMLAND INFORMATION CEKfER FACT SHEET TRANSFER OF DEVELOPMENT RIGHTS _.r~L~b ~T~atmland "Bust DESCRIPTION Transfer of development rights programs allow landowners to transfer the right to develop one pazcel of land to a different parcel of land. Generally, TDR programs are established by local wring ordinances. In the context of farm- land protection, TDR is used to shift develop- ment from agricultural areas to designated growth zones closer to municipal services. The parcel of land where the rights originate is called the "sending" parcel. When the rights are trans- ferred from a sending parcel, the land is restrict- ed with a permanent conservation easement. The parcel of land to which the rights are transferred is called the "receiving" pazcel. Buying these rights generally allows the owner to build at a higher density than ordinarily permitted by the base wring. TDR is known as transfer of devel- opment credits (TDC) in California and in some regions of New Jersey. TDR programs are based on the concept that property owners have a bundle of different rights, including the right to use land, lease, sell and bequeath it, borrow money using it as security, construct buildings on it and mine it, subject to reasonable local land use regulations. Some or all of these rights can be transferred or sold to another person. When a landowner sells property, generally all the rights aze transferred to the buyer: TDR programs enable landowners to separate and sell the right to develop land from their other property rights. TDR is most suitable in places where large blocks of land remain in farm use. In communi- ties with a fragmented agricultural land base, it is difficult to find a viable sending area. Jurisdictions also must be able to identify receiving areas that can accommodate the development to be transferred out of the fazming area. The receiving areas must have the physical capacity to absorb new units, and residents of those areas must be willing to accept higher density development. Often, residents of poten- tial receiving areas must be persuaded that the benefits of protecting farmland outweigh the costs of living in a more compact neighborhood. TDR programs aze distinct from purchase of agricultural conservation easement (PACE) pro- grams because they involve the private market. Most TDR transactions aze between private landowners and developers. Local governments generally do not have to raise taxes or borrow funds to implement TDR. A few jurisdictions have experimented with public purchase and "banking" of development rights. A TDR bank buys development rights with public funds and sells the rights to private landowners. HISTORY TDR is used predominantly by counties, towns and townships. The 1981 National Agricultural Lands Study reported that 12 jurisdictions had enacted TDR programs to protect farmland and open space, but very few of these programs had been implemented. Irt the 1980s and 1990s, many local governments adopted TDR ordi- nances. Asurvey in the spring of 2000 identified 50 jurisdictions with TDR ordinances on the books. Three programs had been revoked. Despite the widespread adoption of TDR, only fifteen programs have protected more than 100 acres of farmland and only eight programs have protected more than 1,000 acres of farmland. Twenty-two programs, or 44 percent, have not protected any agricultural land. Since 1980, Montgomery County, Maryland, has protected 40,583 acres using TDR, or 60 percent of the national total (67,707 acres). TECH-n~cni. Assrsrnrrce Qne Short Street, Suite 2 Northampton, MA 01060 Tel: (800) 370-4879 Fax: (413) 586-9332 Web: www.farmlandinfoorg NA7[Oxnt OFFICE 1200 18th Street, NW, Suite 800 ,hington, DC 20036 :a: (202) 331-7300 Fax: (202)659-8339 Web: www farmland.org January 2001 FUNCTIONS & PURPOSES TDR programs can be designed to accomplish multiple goals including farmland protection, conservation of environmentally sensitive areas and preservation of historic landmarks. In the context of farmland protection, TDR programs prevent non-agricultural development of farm- land, reduce the market value of protected farms and provide farmland owners with liquid capital that can be used to enhance farm viability. TDR programs also offer a potential solution to the political and legal problems that many communities face when they try to restrict devel- The Farmland Im formation Ce-~er is a pmblic/privoAe paremership beaveen Ame-icam Farmland Dust and the USDA Natural Resources Conserualiom Service that provides technical information about farmland proiedion. AMERICAN FARMLAND TRUST FARMLAND INFORMATION CENTER TRANSFER OF DEVELOPMENT RIGHTS For additional information on transfer of development rights and other farmland protection programs, the Farmland Information Center o ffers pub- lications, an online library and technical assistance. farmland information library is a searchable database of literature, abstracts, statutes, Harps, legislative updates and other useful resources. It can be reached at http:llwurw.farmlandinfo.org. For additional assistance on sped ftc topics, call the technical assistance service ar (800} 370-4879. A»urrcanFarntlattd That opment of farmland. Landowners often oppose agricultural protection zoning (APZ) and other land use regulations because they can reduce equity. APZ can benefit farmers by preventing urbanization, but it may also reduce the fair maz- ket value of their land. When downzoning is planning process. Comprehensive planning helps a community envision its future and generally involves extensive public participation. The process of developing a community vision may help build understanding of TDR and support for farmland protection. combined with a TDR program, however landowners can retain their equity by selling development rights. ISSUES TO ADDRESS In developing a TDR program, planners must address a variety of technical issues. These issues include: • Which agricultural areas should be protected? • What type of transfers should be permitted? • How should development rights be allocated? • Where should development be transferred, and at what densities? • Should the zoning in the sending area be changed to create more of an incentive for landowners to sell development rights? • Should the zoning in the receiving azea be changed to create more of an incentive for developers to buy development rights? • Should the local government buy and sell development rights through a TDR bank? One of the most difficult aspects of implementing TDR is developing the right mix of incentives. Farmers must have incentives to sell development rights instead of building lots. Developers must benefit from buying development rights instead of building houses according to the existing standards. Thus, local governments must predict the likely supply of and demand for development rights in the real estate market, which determines the price., TDR programs are sometimes created in conjunction with APZ: New construction is restricted in the agricultural zone, and farmers are compensated with the opportunity to sell development rights. Because the issues are so complex, TDR pro- grams are usually the result of a comprehensive BENEFITS OF TDR • TDR protects farmland permanently, while keeping it in private ownership. • Participation in TDR programs is voluntary- landowners are never required to sell their development rights. • TDR promotes orderly growth by concentrating development in azeas with adequate public services. • TDR programs allow landowners in agricultural protection zones to retain their equity without developing their land. - TDR programs are market-driven-private parties pay to protect farmland, and more land is protected when development pressure is high. • TDR programs can accomplish multiple goals, including farmland protection, protection of environmentally sensitive areas, the develop- ment of compact urban areas, the promotion of downtown commercial growth and the preservation of historic landmarks. DRAWBACKS OF TDR • TDR programs are technically complicated and require a significant investment of time and staff resources to implement. • TDR is an unfamiliar concept. A lengthy and extensive public education campaign is generally required to explain TDR to citizens. - The pace of transactions depends on the private mazket for development rights. If the real estate market is depressed, few rights will be sold, and little land will be protected. Source: American Farmland Trust, Saving American Farmland: What Works (Northampton, MA 1997) American Farmland Tryst works to stop the loss o f productive fanriland and to promotc farroung pracirces that lead to a heald~q environment. AMERICAN FARMLAND TRUST' FARMLAND INFORMATION CENTER LOCAL GOVERNMENTS WITH TDR PROGRAMS FOR FARMLAND, 2000 Date Atxes of Total Ordinance Farmland Acxes State/County Enacted Protected Protected Notes California Mann County 1981 670 670 'San Mateo County 1986 40 40 San Luis Obispo County 1996 0 0 Colorado Boulder County 1995 -2,800 -3,200 Connecticut Windsor 1993 0 0 Florida Hillsborough County 1985 0 0 Palm Beach County 1992 0 6,573 Idaho Fremont County 1991 0 200 Maine Cape Elizabeth 1982 0 0 Maryland Calvert County 1978 8,000 8,000 Caroline County 1989 NA NA Charles County 1992 1,183 1,183 Hayford County 1992 NA NA Howard County 1992 1,438 NA Momgomery County 1980 40,583 40,583 Queen Anne's County 1987 2,000 2,417 ~St. Mary's County 1990 0 6 Talbot County 1989 800 580 Massachusetts Groton 1980 50 292 Hadley 2000 0 0 Sunderland 1974 NR NR Townsend 1989 0 0 ll~nnesota Blue Earth County 1977 -3,000 -3,000 Montana Springhill Community, Gallatin County 1992 200 200 New Jersey Chesterfield Township, Burlington County 1998 0 0 Hillsborough Township, Somerset County 1975 0 0 Ltmtberton Township, Burlington County 1996 863 563 New Jersey Pinelands 1981 5,722 19,238 Muki-PmPo~ P~~ Bonus rights awarded for development of agricultural water storage Multi-purpose program, appraisals used to allocate development rights Mull-propose program, mandatory program, bonus development rights awarded for available agricultural water rights Multi-purpose program Multi purpose program Multi-p program, original program created in 1980, substantially revised in 1992 Muh--Pu-'Pore ProB~ Multi-P~P~ P1Ogr~ Sending and receiving areas must be within 500 feet of each other Mull-Purpose Program, county purchases and retires development righu Mandatory program Mulri-purpose program, rights can be used to inaease residential density or to increase square footage of impervious surface area in non-residential applications Multi-Purpose program Mull-PmPo~ P~'~ Muhi-purpose program Rights can be used to inaease commercial and industrial square footage and reduce parking requirements. Aa alternate mechanism allows developers to make cash payments into a farmland protection fund in lieu of buying development rights to receive the density bonuses Multi-P~Po~ Pr~~ Mandatory program Multi-purpose program Multi-Purpose program Mull-Purpose program Mull-purpose program, mandatory program AMERICAN FARMLAND TRUST FARMLAND INFORMATION C E N T E R Date Aces of Total Ordinance Farmland Aces StatelCounty Enacted Protected Protecxed Notes New York Eden 1977 31 38 Mulct-purpose program *Perinton 1993 56 82 Multi-purpose program Central Pine Barrens (Long Island) 1995 NA 307 Mulct-purpose program, mandatory program, rights can be used to increase residential density, commercial square footage or permitted sewage flow 'Southampton 1972 0 232 Mulri-purpose program Pennsylvania Birmu-gham Township, Chester County 1978 0 0 Multi purpose program *Buckingbam Township, Bucks County 1975 280 280 Chaaceford Township, York County 1979 0 0 Codorus Township, York County 1990 40 40 PROGRAM REVOI~D Fast Hopewell Township, York County 1984 NA NA *Fast Nantmeal Township, Chester County 1994 0 0 Hopewell Township, York County 1988 NR NR London Grove Towmhip, Chestsr County 1995 0 0 Point system used in allocaton of development rights *I.ower Chanceford Township, York County 1990 200 200 Transfers between adjacent parcels in common ownership only Manheim Township, Lancaster County 1991 190 190 PROGRAM REVOKED Sluevasbury Township, York County 1991 NA -100 TDR bank under discussion Springfield Township, York County 1996 0 0 Mulii-purpose program *Warrington Township, Bucks County 1985 0 0 Rights can be used to increase commercial/mdustrial building coverage and impervious surface area Washington Township, Berks County 1994 0 0 Jtah *Tooele 1995 0 0 Vermont Jericho 1992 0 0 Multi-purpose program, mandatory program point system used for the allocation of development rights South Burlington 1992 50 250 Multi-purpose program, mandatory program Williston 1990 NA NA Mull-purpose program Virginia Blacksburg 1996 23 23 Multi-purpose program Washington Island County 1984 88 88 PROGRAM REVOKED Thurston County 1995 0 0 Mandatory program TOTALS 67,707 88,575 * Information from 1997 survey °NA" means that the program's otmtact person reported that the data either was not available or was not tracked. "NR° means that the program~a contact person did not reply to the 1997 or the 2000 survey. The terms `voluntary" and "mandatory" can be confusing when used in reference to TDR. For the purposes of this fact sheet we categorize TDR programs as "mandatory" if land use regulations leg., APZ) are adopted at the dme the program is orated to reduce the amount of development drat can occur in the sending area. Under ¢mandatory" Programs landowners who want to realize their full equity based on the old regulations must sell their development rights. For example, Thurston County, Wash., imposed APZ on more than 12,000 aces decreasing maximum residential density from one unit per five acres to one unit per 20 acres. Landowners in the agricultural zones can develop their land under the new zoning rules, or if they choose to parddpare in the TDR program, can sell one development right per five acres. TDR programs in Montgomery County, Md_, and the Pine Barrens of New Jersey, use the same approach. Boulder County, Colorado, made the criteria for non-urban planned nnit develop- nts (NUPUDs) stricter at the time the TDR program was enacted. Previously, any landowner with 3S acres qualified for a NUPUD. Now, landowners are required to own ~J acres to qualify. NUPUDs allow development a[ the same rates as the TDR program, Surveys were sent to programs identified bq staff and profiled in farmland protection and planning publicadoas, inducting Sav¢d By Deuelop»rent by Rick Pruett, AICP. The table is meant to be comprehensive, R you are aware of other TDR programs that protect fa®land, pleare contact AFI's technical assists-•+~e setvioe. Page 1 of ] Michelle Muniz -Fwd: Planning and Development Committee From: City_Council To: Amber Lawrence; John W. Stinson; Michelle Muniz; Ochoa, Charity; Rhonda Smiley Date: 6/14/2007 5:53 PM Subject: Fwd: Planning and Development Committee Attachments: Dear Council Members of the Planning and Development Committee, I have been made aware of your meeting on June 14th and am sorry that I cannot attend the meeting to comment. However I would like to voice my approval for the formation of an Open Space Committee. Such a committee would look at our community as a whole bringing the whole process into the open and allowing developers to know what to expect up front. With as much undeveloped land in and around Bakersfield as there is, it makes sense to have a committee that would develop reasonable guidelines and allow public input. Sincerely, Marci S. Cunningham 5301 Fallgatter St Bakersfield CA 93308 324-7376 home 395-6874 work file://C:\Documents and Settings\mmuniz\Local Settings\Temp\XPgrpwise\46718093CIT... 6/15/2007 PLANNING AND DEVELOPMENT COMMITTEE MEETING Thursday, June 14, 2007 ATTENDANCE LIST Name s~;~ Organization Contact: Phone/ E-mail -~ ~ ~ 1 ~~ ~., c.~c.~. ~.~. ~a w ~~ ~ ~ - 3 7 2- / 3 2 (o ' 1 ~~J ~~r/ LJ" ~' / ~ 2lO ~~/ ~"' ~ y~ 6 6-Z L ~- / V 1 ~ /~ ` /~ C-f -~I ~~5!'~ S ~ v Cc~ ~ ~ ~ C~ ~,\ R;~~~S N~~~h.~ ~~x~~e ~~ ~ 2,26 - X721 r c~~'"(X- ~~.,.'-'_"" ~,'",~ ~*~ (l wig K ~ `~ ~~ ~CG f<E~ <y/~~cc ~.~. L.q,H-~ ~~~-cv~.~~ 391 ~-2 7.5~, ~~ p ~ our /~~ k h ~ Ud~t ~ P std v ~ ~t~u h J.t7717`7 ~Q' Ci Glut ~`"/'~ Gr 01 • C / L ~ L/~i / /l/ ' 1-'~'r`~! .` ~.+`'~n ~~ .~/ i-~-~l i ~ . ~~,a" UJI /~//OI~I ~- ~'2-Q ~°.~17 air e ~b~S i ~~ ) / U e s ~ l~ ~ ~I ryt ~2 , ~ ~ ~~~G~~ --_ ---- c~-G~ 2 r'~,~~lel ~ C ~ ~!, e ~ ~ ~~ ~~`y.,~i/ re i e~ ~ oLO 1. 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