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HomeMy WebLinkAbout04/22/2013 Staff: City Council Members: Rhonda Smiley, Assistant to the City Manager Terry Maxwell, Chair Jacquie Sullivan Russell Johnson Special Meeting of the Legislative and Litigation Committee of the City Council – City of Bakersfield Monday, April 22, 2013 12:00 p.m. City Hall North First Floor – Conference Room A 1600 Truxtun Avenue, Bakersfield CA 93301 A G E N D A 1. ROLL CALL 2. ADOPT NOVEMBER 26, 2012 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Committee Recommendation Regarding Ownership of Chickens in Urban Residential Zones – McIsaac B. Discussion and Committee Recommendation Regarding Bus Stop Location Signage Requests – Smiley / Rojas / Gennaro 5. NEW BUSINESS A. Discussion and Committee Recommendation Regarding Window Signage and Projecting Signage – McIsaac B. Discussion and Committee Recommendation Regarding Adoption of the 2013 Committee Meeting Schedule – Smiley 6. COMMITTEE COMMENTS 7. ADJOURNMENT City Council Members: Rhonda Smiley, Assistant to the City Manager Sue Benham, Chair Jacquie Sullivan Rudy Salas AGENDA SUMMARY REPORT Regular Meeting of the LEGISLATIVE AND LITIGATION COMMITTEE Monday, November 26, 2012 - 12:00 p.m. City Hall North First Floor – Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301 The meeting was called to order at 12:00 PM. 1. ROLL CALL Present: Councilmember Sue Benham, Chair Councilmember Jacquie Sullivan Councilmember Rudy Salas Staff Present: Alan Tandy, City Manager Ginny Gennaro, City Attorney Rhonda Smiley, Asst. to the City Manager Andrew Heglund, Deputy City Attorney Steven Teglia, Asst. to the City Manager Richard Iger, Associate City Attorney Chris Huot, Administrative Analyst Jim Eggert, Planning Director Doug McIsaac, Community Development Director Phil Burns, Building Director Phil Burns, Building Director Others Present: Jenine Snoddy, Bakersfield Citizen Antonie Boessenkool, Bakersfield Californian Linda Snoddy, Bakersfield Citizen, Lou Enriquez, KBAK News Erin McConkey, Bakersfield Citizen Scott Thackery, KUZZ News Denise Netherton, Bakersfield Citizen Kimbrah Gonzalez, Bakersfield Citizen 2. ADOPT OCTOBER 22, 2012 AGENDA SUMMARY REPORT Adopted as submitted Legislative and Litigation Committee Meeting Monday, November 26, 2012 Agenda Summary Report Page 2 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. Discussion Regarding Ownership of Chickens in Urban Residential Zones – McIsaac / Gennaro Community Development Director Doug McIsaac stated the practice of keeping chickens in an urban environment brings with it the potential for adverse impacts and incompatible conditions. There are several concerns including: a rise of complaints associated with chickens, therefore impacting code enforcement, noise, and sanitation. Mr. McIsaac distributed a copy of an article published in the Washington Post on the matter titled “Backyard chicken boom produces fowl result: unwanted roosters.” He also stated a total of 16 pieces of correspondence were received regarding the issue; six in support and ten in opposition. City Attorney Ginny Gennaro reviewed two proposed ordinances: Option A, to allow City residents to keep chickens by right, and Option B, to allow City residents to keep chickens only after receiving approval from the Planning Director. The following regulations would apply in both ordinances: Limiting the number of chickens that can be kept to three; requiring that the chickens be kept in the backyard in a coop or pen with a height limit of six feet; and prohibiting the killing, dressing, or butchering of chickens within the residential zone. The ordinance also requires the coop or pen be constructed at least five feet from the side and rear property lines and at least 50 feet from any dwelling used for human habitation. Additional regulations for Option B would require a homeowner to acquire a permit from the Planning Department. The Committee was also provided a matrix demonstrating the setback requirements for eight cities comparable in size to Bakersfield that allow backyard chickens. Bakersfield citizen Linda Snoddy provided the Committee various statics on produce known to cause health and safety issues by exposure to certain diseases like salmonella, listeria, and e coli. Bakersfield citizen Kimbrah Gonzalez stated in response to unwanted roosters that California State University Bakersfield conducts a raptor rehabilitation program; they accept roosters to feed to the raptors. Ms. Gonzalez also stated the public needs to be educated to minimize any fear and to reduce the number of individuals who do not follow the ordinance. Committeemember Jacquie Sullivan asked if the complaints received by Code Enforcement originated from one particular area within the city limits. Building Director Phil Burns stated the complaints did not come from one particular area; they are generally throughout the city in residential (R1) zones. Legislative and Litigation Committee Meeting Monday, November 26, 2012 Agenda Summary Report Page 3 Committeemember Rudy Salas asked if the setback requirement, which states a coop be constructed at least 50 feet from any dwelling, was feasible for the majority of residences located in a R1 zone. He also asked if the cities used for comparison in drafting the ordinances, had specific reasons for having larger foot setbacks. Community Development Director McIsaac stated the setback would limit the number of residences it would be applicable to but would be feasible. City Attorney Gennaro also clarified that the drafted ordinances would be applicable to all homes in all zones. City Attorney Gennaro stated that, in reviewing the data, there was a correlation of distance requirement related to the total number of chickens allowable. The more chickens allowed, the larger distance setback requirement. Committee chair Sue Benham stated Option B allows citizens to maintain up to three chickens and also provides the City with enforcement protections. Ms. Benham also thanked Ms. Gonzalez for providing the information regarding the raptor program at the California State University Bakersfield. Committeemember Salas made a motion to present ordinance option B to the full City Council for consideration. The motion was unanimously approved. 5. COMMITTEE COMMENTS Committee chair Benham thanked the City Attorney’s office for always providing legal advice and direction and thanked all staff involved who provided help and support to the Committee over the 12 years she served as Committee chair. 6. ADJOURNMENT The meeting adjourned at 12:40 cc: Honorable Mayor and City Council B A K E R S F I E L D Community Development Department Douglas N. McIsaac, Director M E M O R A N D U M April 22, 2103 TO: Legislative and Litigation Committee Terry Maxwell, Chair Jacquie Sullivan Russell Johnson FROM: Douglas McIsaac, Community Development Director SUBJECT: Proposed Sign Ordinance Amendments This matter was referred to the Legislative and Litigation Committee at the City Council's meeting of March 20, 2013. The proposal involves a number of modifications to the sign regulations in the Zoning Ordinance. The major change will allow use of projecting signs in the downtown and Baker Street areas; this was initiated by the Planning Commission. However, staff has also included other modifications that update and/or reflect current procedures, all of which are intended to improve the ordinance. A discussion of each change is summarized in the table below: Section Discussion 17.60.070 H. Projecting Signs (new): Adds the use of projecting signs in the Central District and Old Town Kern areas (see previous discussion above). 17.60.030 A. Comprehensive Sign Plans (modify): Corrects that signatures are required by the property owner, not the business owner. This change is consistent with other land use applications that require the property owner sign the application. A public hearing notice is already required to be provided to the affected business owners. Additionally, since redevelopment areas and the Agency no longer exist, subsection 2 is being removed. Legislative and Litigation Committee April 22, 2013 – Page 2 17.60.050 C.4. Pylon Sign prohibition (modify): The current prohibition of pylon (or pole) signs impacts the shopping center at the northwest corner of Coffee Road and Stockdale Highway (Albertsons/Trader Joes), which has existing pylon signs. It was never intended for this center to be forced to remove those signs since the prohibition was mainly oriented to prohibit pylon signs along the Kern River Parkway. This corrects this oversight and allows the center to keep its signs so they can be repaired and/or updated. 17.60.060 B.2. C-O zone signs (add): Allows the addition of monument signs for larger centers with over 500 feet of street frontage. This will help lessen the likelihood of a comprehensive sign plan being used as a variance process to just add more monument signs. 17.60.060 B.3. C-1 zone signs (add/modify):  Allows the addition of monument and pylon signs for larger retail centers with long street frontages; additional monument signs would match the C-O zone; one additional pylon sign would be permitted for street frontages over 1000 feet.  Shingle sign clearance is being reduced from 8 feet to 7 feet. This was part of the recommendation by the Ad Hoc Committee as it was found downtown that most canopies only have an 8-foot clearance leaving no room for a sign; the existing signs had only a 7-foot clearance. This change would reflect current practice.  Formally establishes a 1-foot separation between menu boards. 17.60.060 B.4. & 5. C-2 zone signs (add/modify):  Same changes as noted above in a C-1 zone for consistency.  Adds M zones to follow the same sign standards as the C-2 zone. The M sign standards would be allowed a larger (+75 sf) and taller (+5 ft) pylon sign and more wall sign area (+75 sf); all other regulations between these zones are the same. Since the M zones allow all C-2 uses by right, M zones are usually not next to neighborhoods, and in many instances C-2 and M zones are clustered together, this change allows more consistency (and equity) of sign regulations for businesses. 17.60.060 B.9.8. Auto Mall signs (add/modify): Same changes as noted above in a C-1 zone except it does not increase the number of pylon signs (since businesses are already allowed two pylon signs along each street). 17.60.070 D.1. Freeway Oriented Signs (add): Adds the Olive Drive/SR 99 and Taft Highway/SR 99 interchanges to the list of intersections that are allowed freeway oriented signs. These signs are taller (75') and larger (350 sf), and are limited to being within specific areas around interchanges along SR 99 for freeway oriented businesses (i.e. fuel, food, and lodging). Since the City has recently annexed property at both the Olive Drive and Taft Highway interchanges, signs for existing and future freeway oriented businesses in these areas will be consistent with other freeway oriented businesses along SR 99 (equal treatment). 17.60.070 F.8. Skyline Signs (modify): Allows a skyline sign to have two lines instead of one. There are many older signs with two lines that would become conforming signs and would reflect current practice. A second line is usually requested for logos and secondary business information. Legislative and Litigation Committee April 22, 2013 – Page 3 The addition of projecting signs will result in further promoting businesses and enhancing the pedestrian-friendly character of the downtown and Old Town Kern areas. The other changes are proposed to better reflect current practices and will enhance opportunities to improve business identification. The Planning Commission heard this matter on February 21, 2013 and received no public comments on the proposed changes. They unanimously approved the amendments and recommend adoption by the City Council. Legislative and Litigation Committee Calendar January 2013 Through December 2013 All meetings will be held at City Hall North, First Floor, Conference Room A Approved: DRAFT Legislative and Litigation City Council Meetings Committee Meetings 3:30 Closed Session 12:00 p.m.5:15 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