Loading...
HomeMy WebLinkAbout04/03/97 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, April 3, 1997, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. COMMISSIONERS: -Present: KENNETH HERSH, Chairperson STEPHEN BOYLE MATHEW BRADY ROBERT ORTIZ WADE TAVORN JEFFREY TKAC MICHAEL DHANENS Absent: DOUG DELGADO ADVISORY MEMBERS: STAFF: PUBLIC STATEMENTS Present: Present: LAURA MARINO, Assistant City Attorney JACK LaROCHELLE, Engineer IV DENNIS FIDLER, Building Director STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner JIM EGGERT, Principal Planner LAURIE DAVIS, Recording Secretary No public statements were made. The chairman read the notice of right to appeal as set forth on the agenda. CONSENT AGENDA ITEMS None ~E{ING - CERTIFICATES OF CORRECTION - TRACTS 4706 AND 470Z Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in favor or opposition. Public portion of the hearing was closed. Minutes, PC, 4~3~97 Page 2 Commissioner Dhanens cited the comment in the staff report which says portions of the wall must be removed. He asked if there would be portions of the existing wall which are not removed. Mr. Movius explained the wall situation and said there would be portions which would not be removed. Chairman Hersh asked if this were a designated drill island before the well was drilled. Mr. Movius said the well existed before the tract was placed on the property. Chairman Hersh asked if the mineral rights owners were in agreement with the reservation of surface rights only. Mr. Movius said they had agreed. Motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz to adopt resolution with findings approving the request to eliminate the required well island reservation on Tract 4706, Unit 2 and Tract 4707, Unit 1 and direct the City Engineer to record a Certificate of Correction as allowed by the Subdivision Map Act and local ordinance. Motion carried. 5. P~JJ~LIC~ING - VESTING TENTATIVE TRACT 5426 This item was withdrawn by the applicant. 6.1 PUBLIC HEARING -VESTING TENTATIVE PARCEL MAP 10403 Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in favor or opposition. Roger Mclntosh represented the applicant. He stated concurrence with staff recommendation. Public portion of the hearing was closed. Commissioner Dhanens asked if the canal fencing issue was raised with Parcel Map 10334 and if it had not been for the urbanization of this property would this condition still be required or if it would be deferred until such time as the land is rezoned. Mr. Movius said typically if the proposed project is within 1/4 mile of urbanization the building department requires fencing as early as possible. Motion was made by Commissioner Brady, seconded by Commissioner Ortiz to adopt resolution approving and adopting the Negative Declaration, and to approve Proposed Tentative Parcel Map 10403 with findings and conditions set forth in the resolution attached to the staff report (Exhibit "E"). Motion carried. 'Minutes, PC, 4~3~97 Page 3 6.2 PUBLIC HEARING - VESTING TENTATIVE PARCEL MAP 10404 Request by the applicant for continuance of this item was received. Public portion of the hearing was opened; no one was present to speak on this issue: Motion was made by Commissioner Brady, seconded by Commissioner Ortiz to continue this item to the regular meeting of June 5, 1997. Motion carried. 6.3 PUBLIC HEARING - TENTATIVE PARCEL MAP 10405 Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in favor or opposition. Jim Marino represented the property owner and purchaser of the property. He stated a conditional use permit on this property was previously approved. He asked for deletion of condition #2 explaining a quitclaim deed has already been obtained. Mr. LaRochelle was amenable to this deletion. Regarding condition #4, Mr. Marino proposed wording for a revised condition. Mr. LaRochelle stated he would agree to deletion of the street light on Akers Road, however retain the one on Wilson per the wording suggested by Mr. Marino. Commissioner Boyle asked how the commission could justify approving this project and denying a previous project for mini-storage submitted 'by Mr. Marino when the only difference is that of opposition by neighbors. Mr. Grady said an independent decision must be made based on the facts presented. The fact that the locations are similar has no bearing on whether or not the information presented jUstifies the recommendation. Mr. Hardisty clarified the significant difference between the two parcels. Subject parcel is zoned C-2 and the mini-storage proposal on Columbus is designated residential. Chairman Hersh asked if there had been any opposition to this proposal. Mr. Grady stated there had been no opposition on this map, however he did not know if any opposition existed with the conditional use permit. Mr. Marino stated there was no opposition to the conditional use permit and he had signatures in favor from most of the adjacent property owners. The only opposition was from other mini-storage operators in the area. Commissioner Dhanens said the location of adjacent neighbors and proximity of the freeway make the other project which was referenced a much different situation than this. He felt all issues with respect to the mini-storage facility have been adequately addressed. This is simply a parcel map which was required to satisfy a condition of a site plan review. Minutes, PC, 4~3~97 Page 4 Motion was made by Commissioner Dhanens, secOnded by Commissioner Brady to adopt resolution to approve Proposed Tentative Parcel Map 10405 with findings and conditions as presented in said resolution (Exhibit "C"), subject to the following modifications to conditionS: Deletion of Condition #2 of Exhibit 1 Condition ~ - revision of first paragraph to read as follow~: Install one 9,500 lumen high pressure sodium vapor street light on Wilson Road. The paragraphs following this paragraph shall remain as is. Motion carried. 6.4 PUBLIC HEARING - TENTATIVE PARCEL MAP 10406 Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in opposition or in favor. Mike Callagy represented the property owner. He stated the conditions, with the exception of one, mimic the PUD conditions exactly. The one which does not is with regard to the improvement of Calloway Drive. He explained the additional 700 feet of improvement. He requested the conditions reflect those of the previous PUD's such that improvements are required to Calloway in the area of the project. He also asked that conditions in the map requiring improvement be either deferred or removed. In order for the developer to record the map and obtain financing on the individual parcels which relate to specific uses improvements should not be required when they are already required under the PUD. Mr. LaRochelle said technically conditions are not allowed to be deferred for recordation of a map, however they can be bonded for. He stated all other developments in the area have had the same condition placed on them with regard to construction of Calloway Drive to the mid-section line. If this condition were deleted it would leave a gap in Calloway Drive in the number three lane and this is not acceptable. Commissioner Brady asked if the amount spent on the additional roadway will be credited toward traffic impact fees. Mr. LaRochelle said it would not. Public portion of the hearing was closed. Commissioner Brady stated he was a proponent of building as much street as possible and as wide as possible because of safety issues. Responding to questions by him, Mr. LaRochelle said the improvements could be deferred until time of development of the PUD provided the PUD conditions are amended to include the frontage improvements to the mid-section line. Minutes, PC, 4/3/97 Page 5 CommissionerDhanens asked if a Compromise could be made in this situation. Mr. LaRochelle said he would be comfortable deferring improvements until the PUD stage.' commissioner Boyle asked if condition #9-f were a new condition. Mr. Callagy said it was and they had no problem with it being imposed on the project. Commissioner Boyle asked why improvement of Calloway up to the mid-section line was not included as part of the PUD. He stated staff is trying to maintain a consistency with what was done across the street and to the north. He suggested these not be eliminated but deferred. Commissioner Boyle asked about the cost of constructing the extra 700 feet. Mr. LaRochelle said it would be $35,000 to $40,000. Commissioner Brady stated he would be in favor or requiring the 700 feet, however allow it to be deferred. *5-minute break was taken at this time. Motion was made by Commissioner Brady, seconded by Commissioner Boyle to adopt resolution to approve Proposed Tentative Parcel Map 10406 with findings and conditions as presented in said resolution, with the improvements outlined in conditions to be deferred based on the following findings: The installation of deferred improvements would be premature in relation to the public needs of the present and the immediate future. The Deferral of such improvements to construction of the PUD would not be materially detrimental to the public welfare, safety, health or conveniences or the orderly development of the general plan. The omission of all or any part of the improvements required by BMC Section 16.32.060 would not be injurious to property or improvements in the area. The extent to which the improvements are appropriate to fulfill public needs. ...... The extent to which the community may need protection against potentially adverse effects of the property use or possible use. Motion carried. Minutes, PC, 4~3~97 Page 6 PUBLIC HEARING - ORDINANCE AMENDMENT -- PROPOSED TEXT AMENDMENT _TO TITLE 17 (ZONING ORDINANCE) TO ADD CHAPTER 17.63.. AND VV~ SECTIONS 17.48.040.. 17.50.020.. AND 17.52.020.. AND TO AMEND SECTIONS 17.04.330 AND 17.10.020 REGARDING HOME OCCUPATIONS. Staff report outlining' proposed amendments and recommending approval was given. Commissioner Dhanens asked if he would be precluded from participating on this item because he has a home occupation permit. Ms. Marino suggested he abstain. He declared a conflict of interest. Mr. Tavom stated he had a computer business in his home and therefore would abstain from participating. Public portion of the hearing was opened; no one spoke in favor or opposition. Public portion of the hearing was closed. Commissioner Brady cited Section 17.63.030 asking if there is a definition of a commercial vehicle. He stated his concern that under this ordinance small vehicles used in a business such as a mini-van would have to be stored in the garage. Mr. Fidler said in order to enforce this it would have to be proved that a vehicle is being used in a business which is difficult. Commissioner Boyle asked about hours of operation. Mr. Fidler said the hours are from 10:00 a.m. to 10:00 p.m. however can be amended. Commissioner Boyle stated he was concerned that perhaps the 10:00 p.m. time may be too late. Regarding the allowance of 75 cubic feet of other flammable materials allowed, he asked how much space this would be. Mr. LaRochelle said there would be 7.5 gallons in a 55 gallon drum. Commissioner Tkac asked about enforceability of this ordinance, stating he would not like to see it be too open ended. Mr. Fidler said there is a difficult time enforcing it at this time because it is difficult to prove the reason behind a visit whether it is personal or professional. He felt this type of activity is happening now and that permits are not obtained, therefore other requirements are not adhered to. Commissioner Hersh asked if this would conflict with covenants of existing tracts. Mr. Fidler assumed there are a lot of C.C.&R.'s that do not allow it, however the city does not govern C.C.&R.'s but follows the municipal code. Regardless, property owners would have to follow whatever rules were in existence when they purchased property. Commissioner Brady felt this ordinance is a good idea to allow a process for the city to increase its regulatory efforts and address concerns of people with home businesses that are being annexed into the city. Minutes, PC, 4/3/97 Page 7 Commissioner Boyle concurred with Mr. Brady's comments and felt this ordinance does not supersede C.C.&R.'s. He felt more businesses are going to be conducted from homes and felt this would allow the city to assist people in conducting their businesses legally. Regarding the number relating to other allowable flammable materials he suggested that gallons as well as cubic feet be outlined in the ordinance. Commissioner Ortiz felt this ordinance is not enforceable because those doing business in their homes without the proper permit are going to continue. Commissioner Brady felt the ordinance should be approved so that the legal businesses can continue and those illegal businesses can be cited by the building department. Chairman Hersh asked Mr. Fidler if he felt this ordinance would be more effective. Mr. Fidler stated he felt it would. Commissioner Tkac agreed with Commissioner Brady's feeling that this ordinance will allow for better enforcement. Commissioner Boyle asked if any thought had been given to the types of businesses that could be dumping materials into the sewer system. Mr. Fidler said the city is more concerned with commercial uses because it is more prevalent in commercial areas. Motion was made by Commissioner Brady, seconded by Commissioner Boyle to adopt resolution with all findings approving the text amendments to Title 17 regarding home occupations and recommend the same to the City Council. Motion carried. DISCUSSION AND POSSIBLE ACTION REGARDING "RIGHT TO FARM" AND "FARMLAND PRESERVATION" ORDINANCES Mr. Grady stated this item was placed on the agenda at the request of Commissioner Boyle. Commissioner Boyle submitted a chart of studies which he received at the League of California Cities Conference. He outlined it for the Commission giving information concerning the property tax situation for each housing type. He felt the city and county should be interested in pursuing some type of ordinance for agricultural land preservation because it would allow the city to control its destiny with respect to growth. He said other cities and counties had entered into agreements with respect to sphere of influence, input into the development and provision of sewer and water and the city's right to annex property at a previously agreed formula. He felt looking into an ordinance was worth considering and felt a benefit of it may be increased cooperation between the city and county: Discussion continued regarding the possibility of presentation by the Farmland Trust Group. Minutes, PC, 4~3~97 Page 8 Commissioner Brady stated he is sensitive to the taking of agricultural land, however he did not feel the approaches suggested are the direction the city should go. He did not feel fees should be levied against home buyers. Chairman Hersh was concerned about planned and orderly development. Commissioner Boyle felt the city has an interest in how large the metropolitan area becomes, what shape it takes on and how it is developed. Commissioner Brady said as a county resident he would support efforts to limit leap frog development and prohibit mass approvals of land outside the city where services do not exist. He did not agree to a tax on city residents on new home purchases for this purpose. Commissioner Hersh felt it was a gallant attitude for the city to allow the market to dictate construction. Commissioner Dhanens asked when projects are being reviewed for the county is the city consulted as to their opinion. Mr. Grady stated copies of environmental documents and planned documents are sent by the county, however the city's comments carry no more weight than any other comments. Commissioner Dhanens felt it makes more sense for infill development to be promoted as opposed to penalizing developers for construction of agricultural land. Commissioner Boyle felt it is possible this type of ordinance could be adopted by the city only and it would have a benefit even if this were the case. The real purpose of this type of ordinance is that it be a joint city-county effort. When agricultural land conversion is done there is a slight cost levied on new home construction, however if the city and county adopt such an ordinance the majority of conversion would be done in the county, therefore city residents would not be taxed. He proposed a concept of forming a committee to pursue some type of ordinance and perhaps a joint council committee meeting. Chairman Hersh suggested perhaps this item be continued until the new commissioners are seated, having another discussion and inviting representatives from the Farmland Trust. ~ -- - Motion was made by Commissioner Tavorn, seconded by Commissioner Boyle to continue this item and make a recommendation that speakers be present to provide information on this topic. Motion carried. Commissioner Brady voted no. Minutes, PC, 4/3/97 9. COMMUNICATIONS Page 9 A) Written None B) )~erbal None 10. C_OMM.[SSION COMMENTS Chairman Hersh cc;ngratulated Mr. Dhanens on his nomination for a full-term on the Commission. He recognized Ms. Kemper and Ms. Teeter for their appointments. Commissioner Tavorn asked regarding Tentative Tract 5426 when it returns to the commission if language could be provided with respect to paving of the easement referred to in Exhibit "C." Mr. LaRochelle said this was withdrawn, however he would obtain information concerning language for maintenance on the past approval. Commissioner Brady stated he had enjoyed working with Chairman Hersh on the Commission. Commissioner Ortiz thanked Chairman Hersh for his tenure on the commission and stated his appreciation for his hard work and dedication. A. C~mmittees 11. DJSCI&SSAON AND ACTION REGARDING POSSIBLE CANCFLLATION OF THE NF;~ Mr. Grady gave information concerning items on the next agenda. Motion was made by Commissioner Brady; seconded by Commissioner Boyle to cancel the next pre-meeting. Motion carried. 12. ABJ_OU RN~Z There being no further business to come before the Commission, meeting was adjourned at 7:54 p.m. Laurie Davis Recording Secretary Planning Director ~