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HomeMy WebLinkAbout04/18/91MINUTES OF THE REGULAR MEETING OF THE 'PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, April' 18 1991, 5:30 p.m., City Council Chamber, City Hall, 1501Truxtun Avenue, Bakersfield, California. 1. ROLL' cALL COMMISSIONERS: ADVISORY-MEMBERS: Present: KATE ROSENLIEB, Chairperson JIM MARINO, Vice Chairperson STEVE ANDERSON TERI BJORN STEVE MESSNER DARREN POWERS C. ROBERT FRAPWELL, Alternate Absent: DAVID COHN Present: LAURA MARINO, Deputy City Attorney FRED KLOEPPER, Assistant Public Works Director CALVIN BIDWELL, Building Director STAFF: Present: 3. 'APPROVAL OF MINUTES JACK HARDISTY, Planning Director MIKE LEE, Associate Planner ISABEL WILLIAMS, Recording Secretary Motion was made by Commissioner Powers to approve the minutes of the February 7th, February 21st, and March 7, 1991 meetings. Motion was seconded by Commissioner Marino, and carried. 4. FINAL DEVELOPMENT PLANS - ZONE CHANGE #5112 (WHITMAN ARCHITECTURAL DESIGN) This item was withdrawn. APPROVAL OF THE METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN The MBHP is intended to provide full mitigation for impacts on endan- gered species resulting from urbanization and thus the CEQA review for endangered species issues for a project can be met by demonstrating commpliance with the MBHCP and the terms of the Section 10(a) and 2081 permits. Public ~earing was opened. Minutes, P1/C, 4/18/91 Page 2 5' APPROVAL OF THE MBHCP.(continued) Mr. Michael Bender represented the Kern County Farm Bureau and read a letter dated Apr. il 10, 1991 from Mr. Ben Laverty opposing the MBHCP into the record. Mr. Bender commented that he was in agreement with Mr. Laverty's letter. Mr. Hardisty replied tha~ the HCP does not impose any regulations on agriculture. Mr. Steve Thomas represented Valley Communities, Inc., and read his comments for the record requesting deferral of any action on the plan until it has sufficient accurate information to proceed as it relates to any and all properties owned by Valley Communities. Principal Planner James Movius responded to Mr. Thomas' concerns · addressed in his letter. Ms. Shirley Fuller represented Mr. Joe Garone and.submitted a Land Use Correction Form requesting a change of designated land use on the current map. Mr. Rick Hewett with the Nature Conservancy spoke in-Yavor of the MBHCP, and recommended approval. Mr. Arthur Unger~ Conservation Chair of the Kern-Kaweah Chapter of the Sierra Club jnd member of the MBHCP committee urged the implementa- tion trust group to spend some of their money in the Kern River Wildlife Corridor. Ms. ~Barbara Don Carlos represented the Building Industry Association of Kern Couqty and urged support of the plan. Mr. Joe McCaffree spoke in favor Mr. Dennis Fox spoke in favor. Mr. David Milazzo Planning Commission representative and chair of the Habita~ COmmittee asked for consideration of approval and recommendation to the next level of review and approval. There being no others wishing to speak, public hearing was closed. Commissioner Marino asked whether or not the city'is obligated to go after four or so-preserves that were identified in the plan. Minutes, P1/C,~ 4/18/91 Page 3 5. APPROVAL OF THE MBHCP (continued) Mr. Hardisty repiied that the plan would direct the city to try to acquire property within the area shown to be of best habitat. It does not require that the city acquire.all or any of those particular lands. Commissioner Marino supported the plan wi.th a major reservation of try- ing to establish preserves to close to population centers. Chairperson Rosenlieb asked if every piece of property would be a negotiated purchase, instead of condemnation ability. Mr. Hardisty replied t~at the trust is the city and the county and they do have condemation powers for purposes of acquiring property for pub- lic purposes. Chairperson Rosenlieb asked who would be responsible for relocating the fox or cactus. Mr. Movius replied that the developer is required to excavate known dens, the salvage of the species is not a requirement of the developer and would normally be carried out by another interested party. The developer is not required to move the Bakersfield cactus as part of the HCP but does not mean as part of the CEQA process, the city or county couldn't condition the project from a biological standpoint to benefit the species. Chairperson Rosenlieb asked for comment on North of the River Recreation and ~Park District's letter of April 17, 1991, and their con- cern expressed in the letter. Mr. Movius replied that the letter brought up some good concerns for which he_referred to page 52 of the document indicating that staff recommended rewording some of that page to include the concept requested in the response from Mr. Hardisty to North Bakersfield Recreation and Park District. Mr. Movius also stated that if the Park District for the area requires more park acreage than is required to meet the demands of the subdivision, then the district would have to pick up that extra cost. Chairperson Rosenlieb thanked everyone who work so diligently for so long to bring in this plan, and agreed with Mr. Milazzo.that it is indeed a major benefit to the community, and thanked Mr. Milazzo on behalf of the P~anning Commission for his efforts on behalf of the Planning Commission_in this process. Commissioner Powers thanked all those involved in writing the document. He commented that he viewed this as an infringement on private property rights. Minutes, P1/C, 4/18/91 Page 4 5. APPROVAL OF THE MBHCP (continued) Commissioner Messner wished to go on record as being concerned that the areas in the northeast would be affected. He also thanked everyone for their input for ~his long and arduous process in coming up with an excellent document, and supported the document. Motion was made by Commissioner Bjorn to adopt a resolution certifying the Final EIR for the MBHCP both dated March 19, 1991 with Findings A through E on 'page 4 of the staff report and recommend same to the~ City Council. Motion was seconded by Commissioner Marino~ and carried by the fo-llowing roll call vote: AYES: Commissioners Marino, Anderson., Bjorn, Messner, Powers, Rosenlieb, Frapwell NOES: None~ ABSENT: Commissioner C0hn Motion was made by Commissioner Bjorn to approve the Metropolitan Bakersfield Habitat ConserVation Plan dated March 19, 1991, with F. indings A through F on pages 3 and 4 of the staff report subject to mitigation in Exhibit A and further directing staff to clarify the MBHCP park fee issue on page 52 of the document to reflect the concept in the letter dated April 18, 1991, from the.Planning Director the North Bakersfield Recreation and Park District and further directing staff to check and correct if necessary the land use designations requested at this hearing by Joe Garone Farms and Valley Communities, Inc., and recommend same to the City Council. Motion was seconded by Commissioner Marino, and carried by the following roll call vote: AYEs: Commissioners Marino,'~Anderson, Bjorn, Messner, Powers, Rosenlieb, Frapwell NOES: None ABSENT: Commissioner Cohn TENTATIVE TRACT 5446 (L. BRUCE NYBO, INC.) Commissioner Bjorn declared a conflict of interest. The current owner of property who is in escrow to sell the property to the applicant is a client of ~her lawfirm. This item was continued from the March 21, 1991 meeting. Tentative tract is located on the northwest corner of McKee Road and Highway 99, and contains 316 lots on 78.7 acres, zoned upon annexation as R-1. Public hearing was 9pened. Mr. Bruce Nybo? project engineer was present and amenable to the condi- tions listed in the staff report. Minutes, P1/C, 4/18/91 6. TENTATIVE TRACT 54'46 (continued) page 5 Chairperson Rosenlieb asked Mr. Nybo about the possible adjustment to the wall height along the freeway. Mr. Nybo replied that a further analysis by an engineer who deals with CalTrans on noise walls, feels the sound wall would not exceed 15 feet in height so the 18 1/2 foot high wall would not be necessary.' Mr. Nybo also commented that they have discussed the size of the backyard with staff and feels that a 2 to 1 type setback for the house would provfde the occupants of the house with a view of the sky out their back door. . There being no others wishing to speak, public hearing was closed. Mr. Hardisty was in concurrence with Mr. Nybo's observations of the ~existing sound walls. Commissioner Marino indicated he was comfortable with the condition, commenting that if it takes 18 feet to mitigate the noise, it.'s the developer's responsibility to mitigate the noise. Chairperson Rosenlteb clarified that on page 8 of 12, item 3 it should read, ?'the subdivider shall construct a minimum 6-foot high masonry wall". Discussion took place regarding maintenance of the wall and who would be'responsible for the maintenance. Mr. Kloepper commented that if there is damage to the wail, the state has means of obtaining the money for repair of the wall. Motion was made by Commissioner Marino to approve and adopt the Negative Declaration, to make all findings set forth in the staff .report and to approve proposed Tentative Tract 5446 subject to the con- ditions_outlined in Exhibit "A" of the staff report with the following changes; Include the Public Works memo dated April 17, 1991, include the Parks Department memo dated April 17, 1991 regarding sump landscaping, substitute Fire Department Conditions page 7 of 12 dated March 11, 1991 with the conditions dated April 15, 1991, delete page 10 of 12, change Condition 3, page 8 of 12 to begin, "The subdivider shall. construct a minimum six £oot high masonry wall, etc.", and add the fol- lowing condition, "The freeway~wall may be built within the freeway right-of-way under encroachment perm£t by CalTrans or on property to be deeded to CalTrans at a later date. Motion was seconded by Commissioner Powers. Motion was amended by Commissioner Marino to add the following condi- tion; That a 2 to 1 setback from the freeway wall be used for noise mitigation. Motion was seconded by Commissioner Powers, and carried. Minutes, P1/C, 4/18/91 Page 6 7.REQUEST BY RESIDENTS~ TO CHANGE THE ADDRESS FOR RESIDENCES LOCATED AT 3500 AKERS ROAD (PINEWOOD LAKE) TO APPROVE PINEWOOD LAKE DRIVE AS AN OFFICIAL STREET NAME AND ADDRESS THE HOMES FRONTING IT Commissioner Marino~ declared a conflict due to the fact that he con- flict'ed out at the last hearing on this item. Subject p~operty is located on the southeast corner of Akers Road and Planz Road, zoned R-1 and R-2. The homeowners association submitted a peitition from the residents of the development requesting the address change. Public hearing was opened. Ms. JoAnn Moore resident/owner of Pinewood Lake spoke on behalf of and for the request to change the address. Mr. Les Cofer resident of Pinewood Lake spoke in favor of the request for address change. There being no others Wishing to speak, public hearing was c-losed. Motion was made by Commissioner Powers to approve the street name "Pinewood 'Lakes Drive" for the private circular street and to re- address the residences within the project'as described in Exhibit of the staff report~ Motion was seconded by Commissioner Anderson, and carried. PROPERTY LOCATED-ALONG THE NORTHWEST-CORNER OF HAGEMAN ROAD AND VERDUGO LANE (EXTENDED) CONSISTING OF 71 +/- ACRES - AMENDING THE ZONING BOUNDARIES FROM~AN A-20A (AGRICULTURE 20-ACRE MINIMUM) ZONING DISTRICT TO R-1 (ONE FAMILY DWELLING, MINIMUM LOT AREA 6,000 SQUARE FEET), OR MORE RESTRICTIVE ZONING DISTRICT ON 40 ACRES MORE OR LESS, AND FROM A-20A TO RE (RECREATION), OR MORE RESTRICTIVE ZONING DISTRICT ON 13 ACRES, MORE OR LESS, AND FROM RS (RESIDENTIAL SUBURBAN, MINIMUM LOT AREA TWENTY-FOUR THOUSAND SQUARE FEET) TO R-1 OR MORE RESTRICTIVE ZONING DISTRICT ON 18 ACRES MORE OR LESS ALONG THE NORTH AND WEST SIDES OF THE- REQUESTED RE (RECREATION) ZONING DISTRICT. (FILE 5127 - SEQUOIA ENGINEERING) Commissioner Marino declared a conflict of interest. His employer owns property within 300 feet of subject property. This hearing was continued from the March 21st meeting so that the property owners to the west of the proposed zone change could work out a suitable arrangement with regard to zoning on their property. Public hearing was opened. Mr. Fred Porter with Porter-Robertson Engineering represented Center Cal-Heinsley Development. Mr. Porter commented they have been unable to work out the details of their plan and requested this hearing be postponed for an least one month. Minutes, P1/C, 4/18/91 Page 7 8 FILE 5127 - SEQUOIA ENGINEERING (continued) Mr. Bentley Mooney, owner of subject property requested that this hear- ing not be continued. It was his position that R-1 zoning on his prop- erty would not infringe on their development opportunities. There being no others wishing to speak, public hearing was closed. Commissioner_ Bjorn-suggested sending this to committee. Mr. Mooney did not.feel that a continuance was warranted. Chairperson Rosenlieb asked staff if their recommendation changed from what was presented in the staff report. Mr. Hardisty commented that if Commission's intent was more towards creating a buffer to achieve some compatibility between the adjacent residual equestrian area rather than just to be outrightly requiring an RE zone for the sake of having one, he would then recommend that Commission approve the R-1 zoning with the buffering as suggested by Mr. Mooney, and rezone the property adjacemt to the single family res£L dential to R-1. The majority of the Committee were in favor of sending this to commit- tee for further review and study. Motion was made by Commissioner Anderson to refer this matter to the Zoning Ordinance Committee to meet prior to t~he May 2nd meeting and brought back to the Commission at the May 2, 1991 meeting. Motion was seconded by Commissioner Powers, and carried. A BRIEF BREAK WAS TAKEN. 9. GPA 1-91, SEGMENT IV: MARTIN-McINTOSH for Castle & Cooke Development Corporation Commissioner Adderson declared a financial conflict of interest. His firm is presently providing services for the applicant. This hearing was continued from the April 4, 1991 meeting pending North Bakersfield Park and Recreation District's decision regarding private park credits for the project. Public.hearing was opened. Mr. McIntosh thanked Commission for allowing them to continue this hearing from the previous meetings, and reviewed the proposal with Commission and asked for approval of this general plan amendment. There being no others wishing to speak, public hearing was closed. .Minutes, P1/C,~4/18/91 Page 8 9. GPA 1-91, SEGMENT IV (continued) Motion was made by Commissioner Powers to adopt the resolution making findings set forth in the staff report, approving the Negative Declaration, and approving General Plan Amendment 1-9i, Segment IV con- sisting of an-amendment to-the Land Use Element from OS-P (Open Space-Parks) to LR (Low Density Residential) on .9-acre and LR (Low Density Residential) to OS-P (Open Space-Parks) on 1.8 acres, subject to the conditions of approval listed in Exhibit A, and recommend same to the City Council. Motion was seconded by Commissioner F~apwell, and carried by the following roll call vote: AYES: commissioners Marino, Bjorn, Messner, Powers, Rosenlieb, Frapwell NOES: None ABSTAINED: Commissioner Anderson ABSENT: Commissioner Cohn 10. GPA 1-91, SEGMENT.VII & ZONE CHANGE #5148: DEBBIE KERWIN, Coleman Company, agent for Thomas M. Coleman, dba Truxtun Management Corporation Commissioner Marino declared a conflict of interest. Someone repre- senting his employer may speak on this issue. Commissioner Powers declared a financial conflict of interest. The applicant has been a source of his income. 'This hearing was continued from the April 4, 1991 meeting. Appiicant requested amending a condition-of approval of General Plan Amendment 2-90, Segment III. Public hearing was opened. Ms. Debbie Kerwin with Tom Coleman was present and amenable to staff's recommendations. There being no others wishing to speak, public hearing was closed. Minutes, P1/C,14/18/91~ io. GPA 1-91, SEGMENT VII (continued)' Page 9 Motion was made by Commissioner Anderson to adopt Resolution making findings set forth in the staff report, and that the project is exempt from environmental review approving general plan amendment 1-91, Segment VII consisting of an amendment to a condition of approval of GPA 2-90~ Segment III where such amendment would allow a break/traffic worm in the Bernard Street median at a location 400 +/- to 500 +/- feet east of Mt. Vernon Avenue. Motion was seconded by Commissioner Frapwell, and carried by the following roll call vote: AYES: NOES: ABSTAINEDr Commissioners Anderson, Bjorn, Messner, Rosenlieb, Frapwell None Commissioners Marino, Powers ABSENT: Commissioner Cohn Motion was made by Commissioner Anderson to adopt Resolution making findings set forth in the staff report that this project is exempt from environmental review approving zone change 5148 consisting of an amend- ment to the condition of approval of zone change 5027 where such amend- ment would allow a break/traffic worm in the Bernard Street median at a location~400+/- to 500 +/- feet east of Mt. Vernon Avenue. Motion was seconded by Commissioner Frapwell, and carried by the following roll call vote: AYES: Commissioners Anderson, Bjorn, Messner, Rosenlieb, Frapwell NOES: None ABSTAINED:. Commissioners Marino, Powers ABSENT: Commissioner Cohn Minutes, P1/C,'4/18/91 Page 10 11. AMENDMENT TO RIVERLAKES RANCH/UNIBELL SPECIFIC PLAN _Subject property is located between Norris Road, Rosedale Highway, Coffee Road and Caltoway Drive. Applicant proposes to delete the MH designation.from maps, delete MH reference from specific plan text; incorporation approved comprehensive wall and landscape .plan into specific plan; revise specific plan exhib-- its t-o reflect specific plan amendments; rename "River!akes Ranch ~ Drive" to "North Village Drive", revisions to specific plan definitions of-local collectors, local streets and local residential collector streets, .revision to a location of local collector streets; and modifi- cation of front and rear yard setbacks upon meeting specified perform- ance standards. Commissioner Anderson declared a conflict of interest.' His firm is presently providing services to the applicant. Commissioner Marino declared a.conflict of interest. A portion of property in'Riverlakes affected by the wall and landscape plan within 300 feet of property is owned in fee by his employer. Public hearing was opened. Ms~ Bonnie .Godfrey, project.manager for Fruitvale Properties who own property at thee southeast corner of Calloway and Meacham asked for clarification as to whether the mobilehome designation is proposed to be deieted from their parcel. Mr. Hardisty~ replied that the designation for mobilehome is completely removed-from the plan and be treated as an appropriate density of resi- dential development not specifiying a particular construction type. Ms. Godfrey commented that they are not ready to give up the mobilehomes 'designation at ~this time. ~ Mr. Michael Dhanens with Milazzo and Associates represented Unibel1 Internation Co., Ltd., clarified that it was their intent to modify the Riverlakes Ranch Unibell Specific Plan document. They had no intent to try to delete that reference from FruitVale Properties owner- ship. Mr. Dhanens commented they reviewed the staff report and condi- tions of approval as well as the memo from Planning Department dated April 18, 1991 which revised Condition #3 of Exhibit A and was amenable with one request referring to Public Works Condition #5, last sentence and~asked that they be allowed to revise it to read as follows, "Local collectors which are functionally classified as'collectors shall be designed~to geometric standards for collectors". Mr% Kleopper was amenable. There being-no others wishing to speak, public hearing was closed. Minutes, P1/C, 4/18/91 11~ AMENDMENT TO RIvERLAKEs RANCH/UNIBELL SPECIFIC PLAN ('continued) Page 11 ~M0tion was made by,Commissioner Powers to adopt'resolution making find- ings approving' the requested specific plan amendments shown on Exhibit 'A subject to conditions of approval shown on Exhibit "A" with the fol- iowing changes to include the memo from the Planning Department dated .April !9, 1991, and Exhibit "A", page 2, Public Works Condition #5, last sentence shall~be changed to read, "Local~collectors which are functionally classified as collectors shall be designed to geometric standards for collectors", and.note this does not include the Fruitvale Properties land use.designations at this time. Motion was seconded by Commissioner Frapwell, and carried bY the following roll call vote: AYES: Commissioners Bjorn, Messner, Powers, Rosenlieb, Frapwell i NOES: None- ABSTAINED: Commissioners Anderson, Marino ABSENT: Commissioner Cohn 12. AMENDMENT TO SEC'TION 17.53 (SITE PLAN REVIEW) OF THE BAKERSFIELD MUNICIPAL' CODE This item was continued from the April 4th hearing so that the BIA could submit their Comments. Staff met with the BIA to address their comments in which the BIA is in concurrence with staff. Public hearing was Opened. Mr.~ David Milazzo. referenced the Landscape requirements and standards section requirement of an irrigation plan be submitted to the Building Department along with final development plans for review and permit commenting that the different irrigation companies bid on the jobs and once they know they are the awared the project, they submit their plans to the Building Department. Mr. Milazzo requested that the requirement of submitted irrigation plans be changed to only be required to submit irrigati'on specifications that would then be produced in shop drawings by the successful low bidder of the irrigation work. Mr. Hardisty commented that it was not the city's intention to require exact specifications_on such things as sprinkler heads, it was~to ensure the plan checkers that water would be delivered to the landscape areas in accordance to the need of the plan. During discussion, Mr. Hardisty suggested amending #6 of B on page 9_to read, "Specifications for irrigation" etc. There being no others wishing to speak, public hearing was closed. Minutes, P1/C, 4/18/91 12. AMENDMENT TO SECTION 17.53 (SITE PLAN. REVIEW) (continued) Page 12 Motion was made by Commissioner Bjorn to make findings in the staff report dated March 21, 199i, and approve the proposed negative declara- tion and~amendments to the Municipalf Code Section 17.58 (Site Plan Review) dated April 12, 1991 with revisions to page 11 as suggested by staff in the memo dated April 18, 1991, and change 17.53.061D. 16, page 12 to correct Section Nos. referenced as 17.53.061D.ill, 14 and 15 to read, "17.53.061 D, 12~ 13 and 16" and change 17.53.061B. 6 to read, "Specifications for irrigation". Motion was seconded by Commissioner Powers, and carried'by the following roll call vote: AYES: commissioners Marino, Anderson, Bjorn, Messner, Powers, Rosenlieb, Frapw~ll NOES: None ABSENT: commissioner Cohn 13. GENERAL PLAN CONSISTENCY PURSUANT TO GOVERNMENT CODE SECTION 65402 - VACATION OF THOSE PORTIONS OF 17TH, 18TH AND "L" STREETS ADJACENT TO BLOCK 272 This request was made by the City Economic Development Department for vacation of those portions of 17th, 18th and "L" Streets that are already covered by permanent encroachment permits for the City Center Project. Chairperson Rose61ieb commented that she has been approached by a num- ber of people in the community over the past months who are very angry over the fact that this building was allowed to encroach over the right-of-way at all and that it went past its "footprint", and was able to say_that it never came before the Planning Commission, and now it appears before the Planning Commission, therefore she abstained from Voting on this issue. Commissioner Powers commented that he could not support the motion nor find it consistent with the General Plan. Motion was made ~by Commissioner Marino pursuant to Government Code Section 65402 to find the vacation to diminish the.width of 17th, 18th and "L" Streets adjacent to Block 272 (City Center Project) consistent with the Metropolitan Bakersfield 2010 General Plan and report the same to the City Council with the recommendation that adequate easements be -reserved for any public utilities or municipal facilities crossing these strips and also a recommendation that the 'vacation by a SUMMARY procedure. Motion was seconded by Commissioner Anderson, and carried. Chairperson Rosenlieb abstained from voting. Commissioner Powers voted no. Minutes, P1/C, 4/18/91 Page 13 14. EQUESTRIAN TRAIL DESIGN STANDARD Mr. Kloepper, Assistant Public Works Director informed Commission that .he was asked at the Pre-Meeting to update the design standards and was unable to achieve that, therefore suggested a' continuance. Motion was made by Commissioner Powers to continue this matter to the May 2, 1991 meeting. Motion was seconded by Commissioner Frapwell, and carried. 15. RESOLUTION OF APPRECIATION TO FORMER PLANNING COMMISSIONER OSCAR ANTHONY WAS SUBMITTED TO COMMISSION FOR THEIR SIGNATURES TO BE PRESENTED AT A LATER DATE 16. SCHEDULING OF PLANNING COMMISSION WORKSHOP - LAND USE MATRIX, LOT SIZESt TRAFFIC IMPACT FEES AND EQUESTRIAN TRAILS Commission set the workshop date as May 1st at 5:30 p.m. 17. ADJOURNMENT There being no furthe~ business to come before the Commission~ meeting was adjourned at 9:25 p.m. I s a~h~ Williams S c ary_ [anning Di ~q~ o r