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Sins of the past plaguing us again
A little planning nightmare coming before the Board of Supervisors on Tuesday should serve as a cautionary tale for anyone who works in planning, is a politician, a developer, a business owner of any kind, a homeowner, or simply wants a home in a neighborhood they like. This one, relatively small issue neatly encapsulates our biggest problem — not thinking ahead. We’ve done a poor job of that over the years (in the city and county) with some pretty necessary items. Roads and sewers come to mind, but also compatibility. The problem supervisors face on Tuesday is they either have to tell hundreds of residents in northwest Bakersfield to suck it up and deal with a noisy, dust-belching concrete crushing and recycling plant plopped in their midst. Or, they have tell the guy proposing the plant that stupid planning decisions over the last 30 years mean you can’t trust zoning laws in this community and that, essentially, he’s gonna get hosed. The County Planning Commission, in my view, really passed the buck on this in August when it approved a two-year conditional use permit for the plant. Neither side is happy with that decision; both are appealing it to Supervisors. A two-year permit is not an answer. For the business owner, Mark Polhamus, it means he has to do just as much work (more given all the conditions on the permit) to open his business, but won’t know whether he can continue after two years. What bank is going to front him a loan on that basis? What businesses will want to contract with him if he might not be around in two years? For residents concerned about traffic, possibly toxic dust and noise, it would mean two years of frustration and uncertainty about the safety and value of their neighborhoods. I would also point out that the intersection nearest the proposed plant, Hageman Road and Santa Fe Way, with the Burlington Northern Santa Fe railroad tracks thrown in just for fun, is already a major problem. It’s level of service is an F now and a major underpass is being planned there. Adding 10 extra truck trips a day is just foolhardy. I don’t blame Polhamus for this situation. Nor do I blame the neighbors. In fact, I give a loud, prolonged raspberry to Planning Commissioners Leticia Perez and Chris Babcock for lecturing residents when this came up at their July meeting, telling them they should have done their homework and seen what the zoning was before moving to that area. PUH-leeze! The land in question was zoned heavy industrial in 1982. Homes on the west were approved (by the county) and built in the 1990s, homes on the east were approved (by the city) and built in 2005, the same year Polhamus bought his land. And they were approved right next to the heavy industrial without a thought to creating a buffer section of light industrial or enhancing roads or anything. Talk about not doing your homework. Maybe someone in say, the city or county planning departments, on the city or county planning commissions or the a member of the City Council or Board of Supervisors could have stuck a hand up and said, “Hey, looks like we’re approving another mess here, guys.” This same thing has happened in other areas of town so it’s a train wreck that easily could have been avoided here. “This definitely shows the weakness in our process,” Supervisor Mike Maggard told me. “We step into a set of facts, make a decision and step out again.” Same with the City Council. The General Plan, of course, is supposed to give planners a more comprehensive view. But again, people go to the separate bodies for plan amendments (hardly any are refused, by the way), neither side really informs the other and away we go. “We’re better than we were 10 years ago,” Maggard said. “Hopefully we’ll get it right with the new General Plan update.” I ain’t holding my breath. In the meantime, Supervisors should deny the conditional use permit and work with Polhamus to find a more suitable location. Traffic alone is enough for a denial. They should also take staff’s advice (which was also given to, but ignored by. the Planning Commission) and down zone the land so these problems don’t crop up again. Relying on 30-year-old zoning without acknowledging the reality on the ground is a cop-out, frankly. And this temporary “solution” benefits no one. It only pushes the problem into the future. We’ve done that long enough. Opinions expressed in this column are those of Lois Henry, not The Bakersfield Californian. Her column appears Wednesdays and Sundays. Comment at people.bakersfield.com/home/Blog/noholdsbarred, call her at 395-7373 or e-mail lhenry@bakersfield.com 3 comments from 3 users
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posted by
alexlvr
on Oct 31, 2009 at 02:51 PM
Thank you Lois for this accurate and well-researched article. The bottom line here is that this is just the wrong place for a facility of this kind. When Mr. Polhamus purchased and built his initial precise development in 2005, he knew that these homes were there...and more were coming. His original plan of a heavy equipment rental/storage facility was compatible with the area. There were no other industrial facilities on that land in 2005..the land had been vacant for over 20 years (with the exception of the Vaughn Water Storage Tank built in 1998). Planners, Planning Commissioners, Councilpersons, Supervisors have all dropped the ball along the way here. This could have been nipped in the bud in 1991-2 when the W. Rosedale Specific Plan was being drafted. Homes were already being built out there. But it wasn't. The area zoning should have been addressed (or possibly down-zoned) at that time. Additionally it was not addressed when each new housing development was approved nor when the specific plan was serially updated. The blame cannot lie only on the homeowners out there. We can continue to finger point and blame someone else for the sins of the past.......or we can move on and stop passing the buck right now. The Board of Supervisors have the opportunity to do the right thing and that is to deny this project. I like to think that they will use their discretion wisely. Remember, this is a conditional use permit that Mr. Polhamus is requesting. This project requires a special permit precisely because of the potential adverse impact projects of this kind may have to the surrounding areas. We can look to other communities to see how citizens living close to facilities such as this end up having chronic health issues due to long term exposures. Interestingly, other cities/states have specific regulations that state that batch plants and these types of recycling facilities should be located at least 1/4 mile away from homes, parks, and schools. There are homes within 550 feet of this proposed project! Supervisors are not required by law to allow this conditional use permit project even in a heavy industrial zone. Anyone who can in good conscience say that this will have no adverse impact to surrounding neighbors' quality of life, is simply in denial. Fine dust particulates will be added to degrade our already horrific air quality. Noise levels will be at best, a chronic nuisance.........and the quality of life that neighbors should be able to enjoy will be gone forever. Not to mention traffic......Level F intersection.........trucks allowed to idle on the railroad tracks while trying to turn on a road 40 feet from the railroad crossing.... Call me crazy.........but no one in their right mind can honestly say that this project causes a "less than significant " impact to this Rosedale neighborhood community. As you would say, Lois........PUH-LEEZE!
posted by
confused5
on Oct 31, 2009 at 08:24 PM
What I do not understand is how can planning commissioners as well as the supervisors tell prospective home owners they should do their "due diligence" and know the existing zoning in nearby areas when both groups CHANGE zoning whenever a landowner requests. A perfect example is out in the Northwest off Nord Rd. This property has been zoned Agriculture and Mineral/Petroleum for years. The developers requested and were granted a zone change by Supervisors to residential zoning and approved 750 homes in this area. I ask and hopefully someone can explain what difference does it matter what the existing zoning is? posted by
Shrluck
on Nov 1, 2009 at 07:12 PM
Thank you for a great, seemingly unbiased article. The board of supervisors is being given a chance to right a wrong that the planning commission missed. The effects of one heavy industrial business on hundreds of homeowners leaves me asking, what is the question? When the planning commission makes a decision/ruling what do they look at, income? Do they get the maps out and asses what other developments have been allowed since this area was last zoned? Had they done their job, the heavy industrial zoning would have been changed years ago, after they allowed all the homes to be built, and the homeowners involved in this dispute would not be worried about the increased traffic, noise and worst of all air pollution that this project will bring.
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