Loading...
HomeMy WebLinkAbout04/02/2013 Staff: Rhonda Smiley, Bob Smith, Chair Assistant to the City Manager Harold Hanson Ken Weir SPECIAL MEETING OF THE PLANNING AND DEVELOPMENT COMMITTEE of the City Council - City of Bakersfield Tuesday, April 2, 2013 12:00 p.m. City Hall North 1600 Truxtun Avenue, Bakersfield, CA 93301 First Floor - Conference Room A A G E N D A 1. ROLL CALL 2. ADOPTION OF JUNE 7, 2011 AGENDA SUMMARY 3. PUBLIC STATEMENTS 4. NEW BUSINESS A. Discussion and Committee Recommendation Regarding the Feasibility of a “Complete Streets” Policy or Ordinance – Rojas B. Discussion and Committee Recommendation Regarding Adoption of the 2013 Committee Meeting Schedule - Smiley 5. DEFERRED BUSINESS A. Habitat Conservation Plan Update - Eggert 6. COMMITTEE COMMENTS 7. ADJOURNMENT Committee Members: Staff: Rhonda Smiley, Harold Hanson, Chair Assistant to the City Manager Sue Benham Ken Weir AGENDA SUMMARY REPORT REGULAR MEETING OF THE PLANNING AND DEVELOPMENT COMMITTEE Tuesday, June 7, 2011 12:00 p.m. City Hall North – Conference Room A 1600 Truxtun Avenue Bakersfield, CA 93301 The meeting was called to order at 12:05 PM 1. ROLL CALL Committee members present: Councilmember Harold Hanson, Chair Councilmember Sue Benham Councilmember Ken Weir Staff present: Alan Tandy, City Manager Ginny Gennaro, City Attorney Rhonda Smiley, Asst. to the City Manager Justin Crumley, Associate Attorney Steve Teglia, Asst. to the City Manager Jim Eggert, Planning Director Chris Huot, Administrative Analyst Phil Burns, Building Director Nelson Smith, Finance Director Raul Rojas, Public Works Director Ken Trone, Park Construction & Facility Planner Marian Shaw, PW Civil Engineer Others present: Scott Thayer, Castle & Cooke Donna Carpenter, H.B.A. Gretchen Wenner, Bakersfield Californian AGENDA SUMMARY REPORT Planning and Development Committee Monday, June 7, 2011 Page 2 2. ADOPT MAY 6, 2011 AGENDA SUMMARY REPORT Adopted as submitted 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. Discussion and Committee Recommendation Regarding Newly Constructed Home Purchase Credit – Tandy / Teglia Assistant to the City Manager Steven Teglia provided an overview of Committee member Ken Weir’s request of developing a pilot program designed to provide purchasers of newly constructed homes with a cash subsidy. Mr. Teglia also provided an overview of two separate reports, “The Local Impact of Home Building in a Typical Metro Area” produced by the National Association of Home Builders in June of 2009 and “Building California’s Future: An Economic and Fiscal Analysis of Housing Construction in the Golden State” produced by the California Department of Real Estate, the California Department of Housing and Community Development, and the California Housing Finance Agency in July of 2010, which attempted to quantify the economic benefit brought in by the construction of new homes. Potential issues include equity concerns and budget impacts. Committee member Weir referenced an article written by Timm Herdt, of the Ventura County Star dated May 31st 2011 titled “The State Economy - It’s The Housing Stupid” to question what the City is doing to help the local economy. Committee member Weir stated only 155 permits have been issued this year, or 44 percent of the average of the last two years, which will have an effect on our local economy. He stated that if we want to help the economy, something has to be done. He cited the following example: the City currently rebates a portion of our garbage fees to those in need; it exempts those in need from the utility surcharge; and established a reduced traffic impact fee for urban areas due to the City’s desire for infill. The City makes allowances to those in need and provides incentives for City desired activity. Local industry employs a large segment of our community and they are in need. Committee member Weir made a motion to make available a $2,500 credit for the purchasers of new homes. The credit would be due at the close of escrow on eligible new home purchases and permits issued for the construction of new homes after Council approval. The credit would be available for a maximum of 250 permits. He requested that if his proposal is not the majority report, he would like a minority report stating his position sent along to the full Council. AGENDA SUMMARY REPORT Planning and Development Committee Monday, June 7, 2011 Page 3 Committee Chair Harold Hanson stated there is nothing that can change the current economic situation. The difference between short sales and foreclosures compared to new home prices is too enormous to make this kind of pilot program work. Furthermore, the City would be vulnerable to criticism and potential litigation for subsidizing a certain market and not covering others. The motion failed 1-2, with Committee member Weir voting in favor of the motion and Committee members Hanson and Benham voting opposed to the motion. Committee member Weir asked that his motion be sent to the full Council for consideration. B. Discussion and Committee Recommendation Regarding the 2011 Committee Meeting Schedule – Smiley Adopted as submitted 5. COMMITTEE COMMENTS None 6. ADJOURNMENT The meeting adjourned at 12:25 PM cc: Honorable Mayor and City Council B A K E R S F I E L D Community Development Department M E M O R A N D U M March 28, 2013 TO: Planning and Development Committee FROM: Douglas N. McIsaac, Community Development Director SUBJECT: Status of the Bakersfield Habitat Conservation Plan (BHCP) Background Since its adoption in 1994, the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) has provided developers within the General Plan area a predicable process for inclusion in Federal and State Incidental Take permits for endangered species and their habitats since 1994. The permits’ current 20-year terms, however, expire on August 24, 2014. The MBHCP Implementation Trust Group is a Joint Powers Committee between the City and the County that has been in place implement the permits. Since that time, 21,657 acres of habitat land have been preserved in exchange for 21,522 acres that have been developed within the General Plan boundaries through the payment of Habitat Mitigation fees by developers, the City, the County and CSUB. MBHCP Incidental Take Permits Extensions Requests Both the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) have determined that because of the age of the MBHCP and the changed requirements of new habitat conservation plans, the current MBHCP needs to be replaced with a new HCP. The MBHCP permits will expire later this year before a new HCP can be developed and new permits are issued. The MBHCP Trust Group requested an extension of the Federal Incidental Take Permit in August 2011. The USFWS regional office is reviewing compliance with the existing permit and has indicated it favors an extension to the permit. Since CDFW has determined it does not allow extensions to existing permits, the MBHCP Trust Group will submit an “Interim Permit” application with CDFW in May 2013. Both Federal and State permits are requested to be extended until the new Habitat Conservation Plan is in place. Differences Between Current and Proposed HCP The main difference between the 1994 MBHCP and the future BHCP is that the MBHCP was a simple plan that expected a preservation of one acre of habitat for each acre of development in the General Plan area, with few requirements to avoid impacts to the sensitive species. The new BHCP will be required to have a habitat preserva tion component, but at an unknown ratio, along with biological goals and objectives for the minimization of impacts to the endangered species and a monitoring plan to show that BHCP is on track. The increasing costs of purchasing land, the added requirements for monitoring and reporting will increase the cost of the BHCP from the MBHCP. Phase II (as described below) will determine what the new plan will require and estimate what the costs could be. The cost of Incidental Take Permits under the new BCHP may prove to be somewhat more costly and involved than is the case under the current MBHCP. It is well understood by the development community, however, that undertaking development under an approved HCP is much more predictable, efficient, and likely less costly than having to negotiate permits on a case-by-case basis. Bakersfield Habitat Conservation Plan (BHCP) The proposed new habitat conservation plan is called the Bakersfield Habitat Conservation Plan (BHCP). In an effort to fund the planning and approval process for the BHCP, staff has applied for and received Federal grants for FY 2011 and 2012. The following grants were awarded to the City on behalf of the City/County planning effort:  FY 2011: $348,742 with a $130,590 matching fund requirement (the majority of matching funds have been funded with staff time)  FY 2012: $700,000 with a $315,000 matching fund requirement The BHCP planning effort has been divided into three phases:  Phase I: Planning the HCP and Gathering Data (uses FY 2011 Federal Grant funds)  Phase II: Preparing the HCP with Mitigation Plan, Incidental Take Permits and EIR/EIS (will use FY 2012 Federal Grant funds)  Phase III: Obtaining Approvals for HCP, Incidental Take Permits, EIR/EIS (unfunded) The majority of Phase I work has been completed, and Phase II work will be completed by October 2015. Staff will apply for FY 2014 and FY 2015 Federal Grant funds to complete Phase III, but because of uncertainty of the grant funds in future federal budgets, Phase III may have to be completed using other funding sources. Phase I Outcomes The work of Phase I had a one-year schedule to determine the elements of the BHCP. These elements include: determining the Study Area, Covered Species, Covered Activities, and the potential participants in the new HCP. The potential participants have been identified as the City of Bakersfield, the County, development interests, CSUB, Bakersfield College, School Districts and North of the River Recreation and Parks District. Additionally, data gathering, interviews with potential participants and mapping have resulted in the first three draft chapters of the BHCP. With the elements of the BHCP in place, the process is ready to proceed with Phase II. Phase II This phase will involve researching information on proposed covered species that are not available with existing data sources, and when validated by scientific peer and agency review, utilizing that information for proposing a Conservation Strategy. The Conservation Strategy will propose how the participants in the new BHCP will mitigate for impacts to potential habitat, and how to avoid impacting the sensitive species encountered whether in construction of new facilities or maintaining existing facilities. After the Conservation Strategy is determined, estimated costs for the BHCP implementation and any corresponding fee estimates will be proposed. The plan documentation of the BHCP will be completed, and on a parallel track, the NEPA/CEQA process will begin. With wildlife agency cooperation and careful expenditures of FY 2012 grant funds, the work completed in Phase II will provide a smooth transition for agency approval for the BHCP, the associated Incidental Take Permits and the EIS/EIR documentation in Phase III. S:\Council Committees\2013\Planning and Development\April\PD Committee Memo BHCP Status.dot Planning and Development Committee Calendar January 2013 Through December 2013 All meetings will be held at City Hall North, First Floor, Conference Room A Approved: DRAFT Planning and Development City Council Meetings Committee Meetings 3:30 p.m. Closed Session 12:00 p.m.5:15 p.m. Public Session Holidays - City Hall Closed MARCH SMTWTHFSSMTWTHFSSMTWTHFS 123451212 678910111234567893456789 131415161718191011121314151610111213141516 202122232425261718192021222317181920212223 2728293031242526272824252627282930 31 APRIL MAYJUNE SMTWTHFSSMTWTHFSSMTWTHFS 12345612341 789101112135678910112345678 14151617181920121314151617189101112131415 212223242526271920212223242516171819202122 28293026272829303123242526272829 30 JULY AUGUST SEPTEMBER SMTWTHFSSMTWTHFSSMTWTHFS 1234561231234567 7891011121345678910891011121314 141516171819201112131415161715161718192021 212223242526271819202122232422232425262728 28293031252627282930312930 OCTOBER NOVEMBER DECEMBER SMTWTHFSSMTWTHFSSMTWTHFS 12345121234567 67891011123456789891011121314 131415161718191011121314151615161718192021 202122232425261718192021222322232425262728 272829303124252627282930293031 League of California Cities Annual Conference - September 18-20, 2013 JANUARY FEBRUARY DOCUMENTS HANDED OUT AT THE COMMITTEE MEETING 4/2/2013 ASCE Handouts 1 Bakersfield’s Habitat Conservation Plans April 2013 City of Bakersfield’s Planning And Development Committee Presentation Purpose of an HCP A program to mitigate the impacts to covered species ◦federally and state protected plant and animal species Allows development to proceed with the City or County’s permits without the need for separate, individual permits with the federal and state wildlife agencies 4/2/2013 ASCE Handouts 2 1994 METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN 20 year permits for incidental “take” issued to the City and County from state and federal wildlife agencies (one of the first) Area Covered By The MBHCP and Take Permits •Follows Metro Bakersfield General Plan area •Excludes Kern River Corridor, Water Bank, Agriculture Operations and Oil Production 4/2/2013 ASCE Handouts 3 What species of concern are in the Metropolitan Bakersfield area? San Joaquin kit fox Blunt-nosed leopard lizard Tipton’s kangaroo rat San Joaquin antelope squirrel Burrowing owl Bakersfield cactus Recurved larkspur San Joaquin wooly threads Striped adobe lily 1994 HCP Basics For every acre of open land or urban land developed, an acre of habitat is acquired For every acre of natural land developed, three acres of habitat is acquired All development pays the same fee 4/2/2013 ASCE Handouts 4 Current HCP Process •Biological survey of land to be developed –done before land entitlements approved and/or before grading permit issued •Developers pay the HCP fee before receiving a grading permit $2,145 per gross acre •MBHCP Implementation Trust Group (created through a joint powers agreement of the City and the County) purchases habitat land for the State to hold title to and to manage MBHCP ACHIEVEMENTS One of the first multi-species habitat based Habitat Conservation Plan in the nation 21,657.33 acres preserved as habitat for endangered species (as of 12/31/2012) Provided certainty that mitigation for “take” is acceptable –avoided project-by-project mitigation © Roxanne Bittman and CNPS Hoover’s Wooly-star –no longer a listed species 4/2/2013 ASCE Handouts 5 ISSUES MBHCP Expires ◦August 24, 2014 After August 24, 2014: USFWS and CDFW: NEW Permits and new HCP will be required for the Metro area –not renewal of current permits* * MBHCPITG working on interim permits to cover time until new HCP approved BHCP –Bakersfield Habitat Conservation Plan City of Bakersfield was the recipient of a FY2011 Habitat Conservation Planning Grant ($427,000, City Receives $348,742). Using for Phase I City of Bakersfield will be the recipient of a FY2012 Habitat Conservation Planning Grant ($945,000, City receives $700,000). Will use for Phase II Will apply for a FY 2014 HCP Planning Grant for Phase III 4/2/2013 ASCE Handouts 6 Phases of the BRHCP Phase 1 –Planning the Plan (2012) Phase 2 –The Details –Determine Effects and Draft Conservation Plan, estimates of the Costs of the Program(2013-2015) Phase 3 –Solicit final approvals (2015-2016) Key Changes to New HCP •Added Kern River Corridor - Will accommodate additional activities, species, or conservation actions. •New Permit holders besides City, County and Development Interests –School Districts, CSUB, BC •Required to have “Biological Goals” and monitoring to see if they are being achieved. •Besides new development, it will also cover maintaining existing facilities with an emphasis on avoiding impacts to the species •Because of increases in land costs and additional monitoring requirements, the HCP fee will increase.