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HomeMy WebLinkAbout01/24/91MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, January 24, 1991, 5:30 p.m., City Council Chamber, City Hall, 1501Truxtun Avenue, Bakersfield, California. ROLL CALL COMMISSIONERS: Present: KATE ROSENLIEB,-Chairperson JIM MARINO, Vice Chairperson *STEVE ANDERSON OSCAR ANTHONY TERI BJORN ~ DAVID COHN DARREN POWERS C. ROBERT FRAPWELL, Alternate ADVISORY MEMBERS: Present: LAURA MARINO., Deputy City Attorney FRED KLOEPPER, Assistant Public Works Director CALVIN BIDWELL, Building Director STAFF: Present: JACK HARDISTY, Planning Director JENNIE ENG, Park Planner ~ ISABEL WILLIAMS, Recording-Secretary PLANNING DIRECTOR HARDISTY ADVISED THE PUBLIC THAT A FEE MANDATED BY RECENT STATE LAW OF $1250.00 IS NOW IN EFFECT FOR THE POSTING OF NOTICES OF DETERMINATIONS FOR PROJECTS WITH NEGATIVE DECLARATIONS, AND ANY APPLICATIONS APPROVED DO NOT TAKE AFFECT UNTIL THAT FEE' IS PAID. Mr. Hardisty introduced Mr. Larry Lunardini as the new City Attorney for the City of Bakersfield~ 2. COMPREHENSIVE SIGN PLAN 12-90 (BAKERSFIELD NEON .'SIGN COMPANY) Commissioner Powers declared a conflict of interest. ship interest in the property directly to the north. He has a owner£ Subject shopping center is located on the northeast corner of White Lane and Gosford Road. Applicant, Bakersfield Neon Sign Company., Inc.,.requested consideration of a revision to a comprehensive sign plan for a retail shopping center to add provisions which will allow monument and directional signs. Mr. Robin Mosely with Bakersfield Neon Sign Company was present and stated .that the orig~qal request was to be able to install the monument sign as the original plan allowed as well as to install directional signs and menu board which is a necessity to that business. Commissioner Bjorn asked about the provisions of menu boards in the sign' ordinance~. Minutes, PlfC, 1/24/91 Page 2 2. COMPREHENSIVE SiGN-PLAN 12-90 (BAKERSFIELD NEON SIGN-COMPANY (continued) Building Director, Calvin ~Bidwell replied that in a C-1 or C-2 zone, there is a provision for reader board monument type signs which would advertise products or services'that are provided (up to 32 square feet in area). Mr. Mosely' addressed the C-2 ordinance which classifies signs as sepa- rate entities. Mr. Bill Thurston with Pacific Summit Development Group ~epresented the project in the sign criteria stage and at the sign committee meeting. He stated that he was not in favor of the idea that they can have either a menu board or a monument sign. Mr. Bidwell stated that the adopted criteria was that they could have two wail'signs other than on the front of the building plus. a monument sign. If they chose to have the wall sign facing White Lane then they did not have the option of a monument sign. Commissioner Anthony asked about the sign size. Mr. Mosely stated that the menu board is 25 square feet, 80 inches tall. Typically, in the C-2 ordinance two signs would be allowed to give information concerning pricing and what is being sold. Mr. Brian Dean with the Taco Bell Corporation stated they would lake to keep the building signs on the north and the south side and the monument sign on White Lane in lieu of the building sign on White Lane, and would like to keep the menu board where it is. He further stated they would opt to do some kind of screening around the menu board with landscaping or something to partially hide or screen it from view. Commissioner Cohn stated that what the committee t~ied to do was to strike a balance with wall signage that was away from the road frontage. He further stated that based on the dimensions of the reader board or menu board, it is very clear that it is obtrusive enough that if they want to have it,~ then they should eliminate the monument sign. He also stated that he was not in favor of having a large reader board menu and also allowing the monument sign. Chairperson Rosenlieb suggested sending this to committee for further review, and stated that it was unfortunate that it was not brought up in th~ prior meeting, and the applicant has indicated that because of 'their e~perience in other communities, they did not feel that menu boards or directional signs would be part of the city's sign- age program. Minutes, P1/C, i/24/91 Page 3 2.COMPREHENSIVE SIGN PLAN 12-90 (BAKERSFIELD NEON SIGN COMPANY (continued) Mr. Thurston was amenable to a sign committee meetiag. Commissioner Marino agreed with Commissioner Cohn's comments. Motion was made by.Commissioner Anthony to refer this matter to the Sign Committee and. come back at the next meeting of February 7th. Motion was seconded by Commissioner Bjorn, and'carried. *Commissioner Anderson was seated. 3. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5084 (DEWALT CORPORATION) Commissioner Marino declared a conflict of interest as he is employed by .the applicant. Staff report was waived in light of the fact that s~aff requested a continuance until February 21st. Public hearing was opened. Motion was made by Commissioner Bjorn to continue this hearing to the February 21, 1991 meeting. Motion was seconded by Commissioner Frapwell, and carried. 4 .~PUBLIC HEARING -'EXTENSION OF TIME - TENTATIVE TRACT 5130 (DEWALT CORPORATION) Chairperson Rosenlieb declared a conflict of interest. Her employer owns property within the boundaries of phase 1 of Tract 5130. Commissioner Marino declared a conflict of interested as he is employed by the applicant. Motion was made ~by 'Commissioner Bjorn to elect .Commissioner Cohn as temporary chairman. Motion Was seconded by Commissioner Powers, and carried. Commissioner Cohn assumed the chair. Tentative tract is located on the north side of Hageman Road between Patton W~y and Coffee Road. Applicant requested the first one-year extension to expire February 2, 1992. Public hearing was opened. Mr. Steve DeBranch represented DeWalt Corporation. Minutes, P1/C, 1/24/91 Page 4 4,PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5130 (DEWALT CORPORATION) .(continued) There being no others wishing to speak, public hearing was closed. Motion was made by Commissioner Anderson to approve the one-year exten- sion of time to expire February 2, 1992 for Tentative Tract 5'130, sub~ ject to the conditions as modified in Exhibit "A" of the staff report. Motion was seconded by Commissioner Bjor~, and carried. PUBLIC HEARING - CHANGE OF CONDITION - TENTATIVE TRACTi5~372-~\(TELSTAR ENGINEERING, INC.) Tentative tract is located on the north side of Hoski~g Road, approxi- mately 1400 feet east of South H Street and contains 76 lots on 20 acres, zoned R-1. Tentative tract was approved on September 20, 1990 with a condition requiring the Subdivider to conform to Chapter 17.20.060 of the Municipal Code relating to obtaining mineral rights owners' signatures prior to recordation of a final map. Public hearing was opened.' Mr. Carl Moreland represented Telstar Engineering. There being no Others wishing to speak, public hearing was closed' Mr. Hardisty informed Commission that applicant has complied with ordi- nance requirements by publication in the newspaper. Motion was made by Commissioner Powers to make findings and approve the request to waive the requirement for mineral right owners' signatures on the final map for Tract 5372. Motion was seconded by Commissioner Marino, and carried. PUBLIC HEARING - TENTATIVE PARCEL MAP 9542 (MARTIN-McINTOSH) Chairperson Rosenlieb waived the staff report. Applicant requested that this hearing be continued for an indefinite time. Motion was made by Commissioner Bjorn to continue this hearing to the February 21st meeting. Motion was seconded by Commissioner Marino and carried. Minutes, P1/C, 1/24/91 7. Page' 5 PUBLIC HEARING TENTATIVE PARCEL MAP 9530 (DEWALT CORPORATION) Commissioner Marino-declared a conflict of inter-est. He is employed by the applicant. Tentative parcel map is located on the northe~ast corner of Mt.~Vernon Avenue and Bernard Street and 'contains 3 parcels on 4.19 acres, zoned Public hearing was opened. Mr. Greg Owens with DeWalt Corporation was present. Mr. Owens asked for clarification of bonding ·for all of the improve- ments whether in the city or county. Mr. Kloepper replied that he could. -Mr. Owens submitted suggested revisions to wording with revision or additions underscored: Mr. Owens refemred to Public Works Condition VIII.A.5. to read as follows: a median island in Bernard Street from Mt. Vernon to 100 feet east of the east boundacy of the parcel map. No breaks in the median will be allowed unless applicant first obtains approval of a change in General Plan ~Amendment 2.-90, Segment III and Zone Change 5027 condition. Public Works Condition XI.A., "The subdivider shall comply with all conditions of GPA 2-90, Segment III unless such conditions are later modified by the-City of Bakersfield." Planning Department Condition 8, "Subdivider shall meet all conditions of approval related to GPA 2-90, Segment III and Zone Change 5027 unless such conditions are. later modified by the City of Bakersfield." Mr. Kloepper was amenable to the Public Works Condition revisions. then referred to the memorandum dated January 24, 1991, recommended revised motion, second condition, "Revise Public Works Condition Numbers V.E and XI.F not IX.F, etc." He Mr. Owens referred to page 4 of 7, Building Department ~Condition 2 be changed to read, "pri~r to first inspection". Mr. Bidwell replied that should apply to any of the parcels so that it covers everything. Commissioner Anderson asked what the purpose was with regard to Mr. owens' request. Mr. Owens replied that one of the requirements of the respective buyers of the cQrner parcel is that escrow close and pe,¥mits be pulled at. the same time.'' Minutes, P1/C, 1~24/91 Page 6 7. -PUBLIC HEARING - TENTATIVE PARCEL MAP 9530 (DEWALT CORPORATION) (continued) -Commissidner Bjorn asked about the language regarding the request by applicant regarding obtaining approval of a cbange in General Plan Amendment 2-90, Segment~III. Deputy City Attorney, Laura Marino replied that the addition of the language is say~ng that he does show a break in the median, that those ~breaks would not be allowed because they are not permitted by the gen-- eral plan but if the plan were amended, he would not have to file an application to amend the map conditions. Mr. Kloepper st.aled that the possibility of worm type openings in the median would work there. There being no others wishing to speak, public hearing was closed. Chairperson Rosenlieb referred tO the County's letter, paragraph two and asked if it can be assumed that if the driveway is not eliminated ~hey would not be allowed the driveway proposed by the applicant. Mr. Kloepper replied that was his understanding. Motion was made by COmmissioner Bjorn to make all findings set forth and approve proposed'Tentative Parcel 'Map 9530, subject to the condi- tions outlined in. Exhibit A of the staff report with.the additions and corrections contained in the January 24, 1991 memorandum from the Planning Director, and incorporate the further revisions as shown in the applicanti's January 24, 1991 memorandum, correct Condition 2 of the January 24~ 1991 memorandum to read XI.F and not IX.F., and Building Department Condit%on, page 4 of 7, Condition 2 revised to read~ "A final Soils report will be required prior to the first inspec- tion by the Building Department of a building on any parcel of the final map. Motion was seconded by Commissioner Powers, and carried. Commissioner. Cohn voted no. 8. PUBLIC HEARING -~TENTATIVE PARCEL MAP 9548 (LUQUE:& ASSOCIATES) Applicant requested a continuance. Chairperson Rosenlieb waived the staff report. Motion. was made ~y Commi'ssioner Frapwell to continue this hearing to the February 7, 1991~meeting. Motion was seconded by Commissioner Powers, and carried. 9. PUBLIC HEARING - TENTATIVE TRACT MAP 5445 (DEWALT CORPORATION) Applicant withdrew application. -Minutes, P1/C~, 1_/24/91 Page'7 10. LOCATED AT THE NORTHERLY END OF CORRIENTEs STREET -- AMENDING THE ZONING BOUNDARIES FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN R-3 (LIMITED MULTIPLE FAMILY RESIDENTIAL) OR MORE RESTRICTIVE ZONE. . (FILE 5111 - BRUCE KEITH) (Negative declaration on file) The site consists of 1.5 acres of vacant proper.ty and is located on the northerly'end of Corrientes Street. Applicant propqses to rezoned sub~ ject property from R-l.t0 R-3' to be developed for housing for senioC citizens in conjunction with Heritage Bible Church. Public hearing-was opened. Mr. Bruce Keith was present and introduced Mr, Max Steinert of the Heritage Bible Church. -Mr. Stei6ert asked if Conditions 2 and 3 have been dropped. Mr. Kloepper replied that the Public Works Department recommend that Conditions 2 and 3 be a part of an approval. Mr. Stefnert asked why a cul-de-sac should be built and then not be able to use it. He also asked if staff realized that at least half of the cul-de-sac will be on city property located just west-of the pro- posed parcel which is 6urrently a retention basin and would have to be modified for access to that. retention basin. Mr. Kloepper indicated his awareness of toe retention basin but was not aware of any necessary impact by the cul-de-sac. In regard to Mr. Steinert's second question, Mr. Kloepper replied that it is a fairly long street 'without a turnaround and it needs a turnaround for secon- dary emergency type access for emergency vehicles. Mr. -Steinert stated they plan to put a road along the site of the retention basin towards Corrientes and gate that access and have it.for emergency use only. Mr. Kloepper Suggested that the applicant work up a more detailed plan of the layout and consider this at a later time. Chairperson Rosenlieb asked Mr. Kloepper if the Public Works Department Would look very Closely at perhaps the city sharing in some of the cost. Mr. Kloepper replt-ed that possibly the county could share in the cost. Mr. Steinert was amenable to a Continuance. There being no others wishing to speak, public hearing was closed. · Motion was made by Commissioner Marino to refer this to the Subdivision Committee and hear this at the February 7, 1991 meeting. Motion was seconded by-Commissioner -Powers, and carried. Minutes, P1/C, 1/24/91 . Page 8 11.LOCATED ON THE NORTH SIDE OF BRIMHALL ROAD APPROXIMATELY ONE QUARTER MILE EAST OF JEWETTA AVENUE --- AMENDING THE~ZONING BOUNDARIES FROM AN RS (RESIDENTIAL SUBURBAN) ZONE TO AN R-1 (ONE FAMILY DWELLING)~OR MORE .RESTRICTIVE ZONE. (FILE 51-16 - MARTIN-McINTOSH) commissioner Anderson declared a.conflict of interest. His firm has provided services within the last year to one of the applicants. Proposed zone change is located on the north side of Brimhall Road approximately~ one quarter mile east of Jewetta Avenue. Applicant proposed to ~ubdivide property into single family lots. Public bearing was opened. Mr. Roger McInto~h represented AMD Partners and indicated they agree withlthe conditions of approval. There being no others wishing to speak, public hearing was closed. Commissioner Marino recommended that ~Finding #1 be changed to.read, "10,000" square foot lots as opposed to~"10,890.'' Motion was made by.Commissioner Cohn to make findings set forth in the staff report' and approve the zone change as proposed~and advertised and recommended adoption of same to City Council with the following change: ~nding #1, change 10,890 square feet to 10,000; and condition: 1. The minimum lot size of any 'subsequent parcels shall be~lO,O00 square feet. - Motion was seconded by Commissioner Powers, and carried by the follow- ing roll call vote: AyEs: NOES'F ABSTAINED: Commissioners Marino, Anthony, Bjorn, Cohn,' Powers, Rosenlieb, Frapwell None Commissioner Anderson, Mi~utes~ P1ZC, 1/2'4~91 Page 9 '12. LOCATED ON THE EAST SIDE OF BUENA VISTA ROAD APPROXIMATELY ONE QUARTER TO ONE HALF MILE SOUTH OF WHITE LANE -- AMENDING THE ZONING BOUNDARIES FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY RESIDENTIAL) OR MORE RESTRICTIVE ZONE; FROM A R-2 (LIMITED MULTIPLE FAMILY RESIDENTIAL) ZONE TO AN R-1 (ONE FAMILY DWELLING) OR MORE RESTRICTIVE ZONE. (FILE 5117 - CORNERSTONE ENGINEERING) Commissioner~Anderson was not seated at this time. C~airperson Rosenlieb declared a conflict of interest. Her employer owns property within 300 feet of subject property. The site consists of property within. Tentative Tract 5135 currently being developed with single family lots for future recordation. The applicant proposes to change the zoning of 2.65 acres of R-2 zoned property tO R-l, and 3.13 acres of R-2 property to R-1. Public hearing was opened. Mr. Greg Emmerson' resiHent to the north of the portion of the zone change that is to be changed from R-1 to R-2 stated he was in concur- rence with the portion of the staff report requiring that future devel- opment obtain approval of P.U.D zoning. Mr. Dare!l Whitten represented Cornerstone Engineering was in concur- rence with the staff r~port recommendations. There being no others wishing to speak, public bearing was closed. Motion was made by Commissioner Cohn to make findings set forth in the staff report, deny the zone change from R-1 to R-2'and approve the zone change from R-2 to R-1 as proposed and advertised, and recommend adop- tion of same to the City Council. Motion was seconded by Commissioner Anthony, and~carried by the following roll call vote: 'AYES: Commissioners Marino, Anthony, Bjorn, Cohn, Powers, Frapwell NOES: None ABSTAINED: Commissioner Anderson, Rosenlieb 13. PROPERTIES IN THE COUNTY OF KERN LOCATED NORTH OF HOSKING AVENUE TO BERKSHIRE ROAD AND WEST OF FREEWAY 99 KNOWN AS WIBLE NO. 10 ANNEXATION -- INITIATED ACTION BY THE PLANNING COMMISSION TO ZONE UPON ANNEXATION AND ANNEXATION TO R-1 (ONE FAMILY DWELLING), R-2 (LIMITED MULTIPLE FAMILY DWELLING), A (AGICULTURE) AND A-20A (AGICULTURE-20 ACRE MINIMUM SITE AREA), OR MORE RESTRICTIVE ZONES. (FILE 5097) Project proposal consists of Zoning Upon Annexation to R-l, R-2, A and A-2-A, or more restrictive zones, and annexation of 147.59 +~- acres to the City of Bakersfietd~ Public hearing was openedl Minutes, P1/C, 1/24f91' Page 10 13. PROPERTIES IN THE COUNTY OF KERN LOCATED NORTH OF HOSKING AVENUE TO BERKSHIRE ROAD AND WEST OF-FREEWAY 99 KNOWN AS WIBLE NO. 10 ANNEXATIO~ -- INITIATED ACTION BY THE PLANNING COMMISSION TO ZONE UPON ANNEXATION AND ANNEXATION TO R-1 (ONE F~MILY DWELLING), R-2 (LIMITED MULTIPLE FAMILY DWELLING), A (AGICULTURE) AND A-20A (AGICULTURE-20 ACRE MINIMUM SITE AREA)~ OR MORE RESTRICTIVE ZONES- (FILE 5097) Mrs. Val McLaughlin owner of a 20-acre nursery facility stated she wants to keep ~their property as A-1 because the nursery is their means of support, and is not idle farm land. · Mr. Roger Whitaker, owner of 9/10 of an acre at the corner of Hoskings and Wible Roads opposed the annexation because he did not want to lose his right .to have animals. Chairperson Rosenlieb asked staff if they could support the recommenda- tion for an RS designation on 9/10 of an acre. Mr. Hardisty st'ated that request would be supported, however it should be considered in the context of adjacent properties. .- Mr.. George Blalo~k owner of property immediately west of Mr. Whitaker's property stated he also would like to be able to keep his animals. There being no ot~ers~wishing to speak~ public hearing was closed. Mr. Hardisty recommended that this matter be carried over so that the request for RS zoning can be advertised, and the neighbors to the north and one other property owner to the east would be duly notified of the intended change. ~ Motion was made by Commissioner Powers to continue this matter to the February 21, 1991 meeting. Motion was seconded by Commissioner Cohn, and carried. A 20--MINOTE BREAK WAS TAKEN AT THIS TIME. Minutes~ P1/C, 1/24/91 Page 11 14. GENERAL PLAN AMENDMENT AND ZONE CHANGE 4-90 (CONTINUED FROM THE 12/20/90 MEETING) SEGMENT IV: JTM cOMPANY - Request to amend the Land Use Element of th~ Metropolitan Bakersfield 2010 General Plan changing the land use desig- nations from R-lA to LR ON 51.5 +/- acres from R-lA to HR on 10 +/- acres, from R-iA to GC on 14.5 +7- acres for that area generally located aIong the southwest corner of Renfro Road and Johnson Road; ZONE CHANGE 5093: JTM COMPANY Request to Zone Upon Annexation from County A Zoning District to City R-1 on 51.5 +/- acres; from County A to City R-3-CH~ 6,000 square feet minimum lot size, '1,250 square feet minimum lot area per dwelling unit on 10 +/- acres; from County A to City C-1 on 14.5 ~/- acres generally located along the west side of Renfro Road. INITIATED' ACTION BY THE PLANNING COMMISSION TO ANNEX 100-ACRES OF THOSE CERTAIN PROPERTIES IN THE COUNTY OF KERN LOCATED GENERALLY ON THE SOUTHWEST CORNER OF JOHNSON ROAD AND RENFRO ROAD, KNOWN AS RENFRO NO. 2 ANNEXATION ACQUISITION OF RIGHT-OF-WAY CONSISTENT WITH THE GENERAL PLAN Commissioner Powers declared a conflict of interest. He represents. property owners within the annexation. Property is located in the Rosedale area adjacen~ to the southern limit of rural residential development. This matter was continued from the December 20, 1990 meeting, and referred to the General Plan Committee to resolve various issues raised by concerned property owners. The committee met on January 10, 1990, and on January 16, 1991, with the project proponent and several property owners. Chairperson Rosenlieb summarized the committee's recommendation to approve the R-1 zoning with 8,500 square foot minimum lots and approve the commercial south of the future freeway. Public hearing was opened. Mr. Barry Goldner, attorney and resident adjacent to subject area spoke in opposition .indicating neighbors want to maintain the quality of the neighborhood with agriculture.' Mr. Dave Merritt who resides on Renfro Road spoke, in opposition and submitted a letter on behalf of Kern County residents who oppose the project (see attached). He then thanked city staff for their profes- sional and courteous help, as well as the commission as a whole. -Chairperson Rosenlieb no~ed that a petition was received~from the sur- rounding residents and would be placed on file.~ Chairperson ~Rosenl'ieb referred to Mr. Merritt's letter-and asked staff to address his comments~marked by bullets made on page Minutes, P1/C, 1/24/91 14. 'GENERAL PLAN AMENDMENT AND ZONE CHANGE 4-90 (CONTINUED FROM THE 12/20/90 I~ETING) Page' 12' SEGMENT IV: JTM COMPANY AND ZONE CHANGE 5093: JTM COMPANY INITIATED ACTION BY THE PLANNING COMMISSION TO ANNEX 100-ACRES OF THOSE CERTAIN PROPERTIES IN THE COUNTY OF KERN LOCATED GENERALLY ON THE SOUTHWEST CORNER OF JOHNSON ROAD AND RENFRO ROAD, KNOWN AS RENFRO NO. 2 ANNEXATION ACQUISITION OF-RIGHT-OF-WAY CONSISTENT WITH THE GENERAL PLAN (continued) Mr. John Sarad represented Riveroaks Partners rebutted Mr. Merritt's comments, stating that a lot of the things that were brought up as issues out of the 2010 Plan were taken out of context. As for schools, there-is a process that is gone through, the growth generates the need for schools. Traffic study, it is difficult to do a meaningful traffic study when it is not known whether there is going to be a freeway, how much density there is going to be on a project, and what uses there are. Mr. Sarad also stated that when they applied for the general plan amendment and zone change, they were given certain application materi- als and were told what needed to be done in order to get the project approved. There was no biota requirement, and indicated it was their understanding that there is a habitat conservation plan that is being developed by the city in accordance with state guidelines in which a biota and site inspection is done by the Planning Department prior to the hearing process. If this is going to be changed, and sent back to staff in order to clarify environmental issues, the rules are being changed in the middle of the game, and felt this is a smoke screen put up by the residents' in the neighborhood. Chairperson Rosenl~eb-commented that the committee would not recommend a multi family site-be located north of the proposed freeway but left the door open for a proposal south of the freeway, and asked Mr. Sarad if they were not interested in pursuing that. Mr. Sarad replied they were interested in that. They would like to have multi family there with a church overlay. Mr. Sarad indicated it would most likely be a 10 acre site which would leave more flexibility. Chairperso~ R0senlieb stated her concern with a 10 acre site because she wanted to see a church use and not a lighted playing field. Commissioner Marino stated his concern with regard to access to the site and indicated that this would take a Class A Site Plan Review and _ would come iback before the Commission. Mr. Sarad stated they have no problem with mitigating for the endan- gered speciep problem and indicated that this could be a condition of aPproval.. . Minutes~ P1/C, 1/24/91 14 GENERAL PLAN AMENDMENT AND ZONE CHANGE 4-90 (CONTINUED FROM THE 12/20/90 MEETING) Page~13 SEGMENT IV: JTM COMPANY AND ZONE CHANGE 5093: JTM COMPANY INITIATED ACTION BY THE PLANNING COMMISSION TO ANNEX 100-ACRES OF THOSE CERTAIN PROPERTIES IN THE COUNTY OF KERN LOCATED GENERALLY ON THE SOUTHWEST CORNER-OF JOHNSON ROAD AND RENFRO ROAD, KNOWN AS RENFRO NO. 2 ANNEXATION ACQUISITION OF RIGHTaOF-WAY CONSISTENT WITH THE GENERAL PLAN (continued) Chairperson Rosenlieb asked for staff's response regarding the Department of. Fish and Games letter received at this late date, and why this could not be continued instead of taking this issue up at the next general plan cycle. Mr. Hardisty indicated that one of the problems with a continuance is th~at it begins to conflict with scheduled public hearings before the City Council on February 27th-at which they had intended to consider an appeal on one of the cases in this cycle and did not believe that these issues could be resolved before the next meeting of February 27th. principal Planner, Marc Gauthier stated that when the interim HCP pro- gram was agreed to, it addressed a single endangered species, the Kit Fox. Fish-and Game is not saying that the Tipton Kangaroo Rat exists on sit~, they are saying they have found burrows which meet the size criteria for the Tipton Kangaroo Rat and because of that, ~they only have two options, 1) do an EIR or, 2) go through a permitting program through the federal government'and state to do a trapping and make a determination if the species exists there. Mrl.'Ha~disty stated-that Mr. Rimple of the State Fish and Game has~been on si'te~and may be able to help out in formulating mitigation measures. Chairperson Rosenlieb stated she would like to continue _this to the next meeting and at that time if the issue cannot be resolved then take it to the next general plan cycle. Commissioner Marino asked if this property outside of the HCP area of agreement would they be exempt from paying fees at time of development. Mr. Hardisty replied as a result of the review they do mitigate the impacts to the endangered species through some separate agreement. Commissioner Marino'asked Attorney Marino if the Fish and Game people have provided substantial evidence to consider. Ms. Marino replied_not-necessaril~ evidence to consider and yet enough - problems'that could be rai'sed in the future and it would be in the best '-interest of the city not to approve it ~at this timel Minutes, P1/C, 1/24/9'1 14. GENERAL PLAN AMENDMENT AND ZONE CHANGE 4-90 (CONTINUED FROM THE 12/20/90 MEETING) SEGMENT IV~ JTM COMPANY AND ZONE CHANGE 5093: JTM COMPANY Page 14 INITIATED ACTION BY THE PLANNING COMMISSION TO ANNEX iO0-ACRES OF THOSE CERTAIN PROPERTIES IN THE COUNTY OF KERN LOCATED GENERALLY ON THE SOUTHWEST CORNER OF JOHNSON ROAD AND RENFRO ROAD, KNOWN AS RE-NFRO NO. 2 ANNEXATION ACQUISITIONOF RIGHT-OF-WAY CONSISTENT WITH~THE GENERAL PLAN (Continued) Mr. Lawton Powers one of the project applicants stated he spoke to Mr. Mitchell of Fish and Game who informed him that the reason for the letter was to put the developers on notice that the developers should not ~ry to circumvent any laws that need to be followed in this matter. Mr. Hardisty stated ~ha't Mr. Rimple of the State Fish and Game has been on site and may be able to help out in formulating mitigation measures. Chairperson Rosenlieb stated she would like to continue this to the next meeting and at that time if the issue cannot be resolved then take it to the next general plan cycle. Commissioner Marino asked if this property outside of the HCP area of.agreement would they be exempt from paying fees at time of development. Mr. Hardisty replied as a result of the review they do mitigate the impacts to the' endangered species through some separate~agreement. Commissioner Marino ask'ed Attorney Marino if' the Fish and Game people have provided substantial evidence to consider. Ms. Marino replied not necessarily evidence to consider and yet enough Problems that could be raised in the future and it would be in the best interest of thee city not to approve it at this time. Mr' Lawton Powers one of the project applicants stated he spoke to Mr. Mitchell of Fish and Game who informed him that the reason for the letter was to put the developers on. notice that the developers should not try to circumvent any laws that need to be followed in this matter. ~i Mr. Mason spoke in favor of the project. There being no~o~hers wishing to speak, public heartng was closed. Minutes, P1/C, 1/24/91 14. SEGMENT. IV: JTM COMPANY AND ZONE CHANGE 5093 (continued) Page 15 Commissioner Bjorn stated she felt uncomfortable acting on this at this time and would like a continuance for clarification purposes from the Fish and Game people. Mr. Goldner spoke in opposition to the project. Commissioner Bjorn stated that the Commission has spent a lot of time on the HCP issue. Chairperson 'Rosenlieb echoed Commissioner Bjorn's comments indicating they have-worked diligently on the HCP plan. Motion was made by Commissioner Cohn to continue this hearing to the February 7, 1991 meeting. Motion was seconded by Commissioner Marino, and carried. A FIVE MINUTE RECESS WAS TAKEN. 15. GPA 4-90, SEGMENT V-(Continued from the 12/20/90 meeting) REQUEST BY THE CITY OF BAKERSFIELD TO AMEND THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN FROM. "LR" TO "HMR" ON AN AREA OF I4,250 SQUARE FEET EAST OF "C" STREET, SOUTH OF PARK WAY.~ WEST OF OLEANDER AVENUE, GENERALLY LOCATED JUST SOUTH OF THE WEST PARK SUBDIVISION AND FROM "HMR" TO "LR" ON AN AREA OF 30,000 SQUARE FEET ON THE WEST SIDE OF OLEANDER AVENUE BETWEEN CHESTER LANE AND PARK WAY This proposed GPA is a map correction initiated by staff~ intended to amend the land use designations on adjacent parcels of land located west of Oleander Avenue and south of Park Way, to achieve consistency between the existing juses and zoning of the property and the land use designations. This matter was continued from the December 20, 1990 meeting at which time Commissioner Marino requested-that a zone change be done. Public hearing was opened. There being no one present wishing to speak, public hearing was closed. Commissioner Marino stated that he was inclined to change the general plan and come back at a later time for the zone change. Motion was made by Commissioner Powers to adopt Resolution making find- ings approving the Negative Declaration and approving GPA 4-90, Segment V consisting of an amendment to the Land Use Element from HMR to LR and LR to HMR and recommend-same to the City Council. Motion was seconded by Commissioner Anthony, and carried by the following roll call vote: AYES: ~Commissioners Marino, Anderson, Anthony, Bio,n, Cohn, Powers, Rosenlieb, NOES: None Minutes, P1/C, 1/24/'91 Page. 17., 19. ADOPTION OF RESOLUTION AMENDING THE BYLAWS REGARDING THE ALTERNATE PLANNING COMMISSIONER AND PUBLIC HEARINGS - Mr Hardisty sta~ed that this is- an amendment to Resolut~ion 8-89 specifying the duties and levels of participation off the alternate Planning Commissioner. Commissioner Marinb indicated that the word "later" should be stricken from the second sentence of the second paragraph. Motion was made by Commissioner Marino to amend Resolution 8-89 amend- ing the by-laws to %nclude the~-amendment specifying the duties and lev- els of particlpatlon~of the alternate Planning Commissioner, and strik~ the word "later" from the second line of the second paragraph. Motion was seconded by Commissioner Powers, and carried by the following roll call vote: AYES: Commissioners Marino', Anderson, Anthony, Bjorn, Cohn, Powers, Rosenlieb, NOES: None 20. WRITTEN'COMMUNiCATIONS Mr. Hardisty stated that lists of pending ordinances and a proposed schedule were given to the Commission for information purposes. 21. VERBAL COMMUNICATIONS Deputy City Attorney, Laura Marino stated that with the upcoming hear- ing on the specific .plan'line that will be heard at the next meeting, there may ~be some significant potential conflicts of interest, and informed 'the Commission that she~would be avail~able to discuss those. Chairperson Rosenlieb stated that-she received written communications from Mr. Dennis Fox regarding resource conservation districts, and had staff re~pond in Writing and informed Mr. Fox that he could pick up the resp6nse from the clerk. Commissioner Marin0 asked for a meeting of the General Plan Committee ~to dis'cuss a generaI plan designation for 1/2 acre lots. 22. COMMISSION coMMENTS Chairman Rosenlieb asked about the request from the G~nerat Plan Committee for Mr. Ammann of the EDC to make a presentation. Mr 'Hardisty replied that he is scheduled to make his presentation at the February 21st meeting Mindtes,. P1/-C,~ 1/24/9! ~- Page 16 16 r~ AMENDMENT TO TITLE 17 OF ~THE BAKERSFIELD MUNICIPAL CODE ADDING THE "E" (ESTATE ONE. FAMILY DWELLING, 10,000 SQUARE FOOT PER DWELLING UNIT) ZONING DISTRICT. Motion was made by Commissioner Powers to adopt the findings made in the staff report, determine the proposed amendment has no environmental impact pursuant to the California Environmental Quality Act Guidelines "general rule'' and approvfng the proposed E (Estate) zoning district. Motion was seconded by Commissioner Marino, and carried'by the follow- ing roll call vote: AYES: Commissioners Marino, Anderson, Anthony, Bjorn, Cohn, Powers, Rosenlieb, NOES: None 17. REQUEST FROM GREENFIELD UNION SCHOOL DISTRICT TO FIND PROPOSED 19.57 ACRE JUNIOR HIGH'SCHOOL SITE LOCATED ALONG THE SOUTHSIDE OF BERKSHIRE ROAD BETWEEN SOUTH UNION AVENUE AND SOUTH "H" STREET CONSISTENT WITH THE METROPOLITAN BAKERSFIELD 2010 GENREAL PLAN The site'is designated LR. Site size, land use designation, location and service area is compatible with the surrounding land uses and would provide junior high school services to the surrounding area. Motion was made by. Commissioner Powers to find a~quisition of the school site consistent with the general plan. Motion was seconded by ~Commissioner Marino, and carried. 18. REQUEST BY SIMPSON-VANCUREN, INC., FOR PLANNING COMMISSION TO MAKE THE NECESSARY DETERMINATE FOR "ADEQUACY OF ACCESS" FOR. PROPERTY LOCATED AT 3101 ARROW STREET PURSUANT TO SECTION 17.04.370 Subject~ site is the location-of an existing wholesale office supply outletland fUture retail, with associated parking and access. City standards for i~gress and egress were satisfied with the develop- ment proposal submitted prior ~o development. A common access and parking agreement has been recorded to ensure adequate access. Motion was made by Commissioner Marino to fi-nd that the existing recorded ingress and egress easement is adequate for purposes of access to parcels. Motion was seconded by Commissioner Powers, and carried. Minutes, P1/C, 1/-24/91 Page 18 22. COMMISSION COMMENTS (continued) Chairman Rosenlieb thanked Commissioners Powers and Marino for driving to the City of Walnut to look at their horse trails with the idea of having a broader trail system than what was looked at in the polo grounds. Commissioner Marino stated they have just about every kind of trail that can be thought of, and further stated at the end of the tape is a picture of their median-islands 'that carries over into their theme. Commissioner Powers stated that he was impressed with the various lot sizes and how they meshed together within a community that promoted an equestrian atmosphere. . 23. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 9:55 p.m. Isabel Williams ng~,c r e t/~ry g Dlrecy