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HomeMy WebLinkAbout01/10/91 MINUTES OF THE REGULAR MEETING OF THE _ PLANNING COMMISSION OF'THE CITY~ OF BAKERSFIELD Held 'Thursday, January 10, 1991, 5:30 p.m., City Council Chamber, City Hall, 1501Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: KATE ROSENLIEB, Chairperson JIM MARINO, Vice Chairperson STEVE ANDERSON OSCAR ANTHONY TERI BJORN DAgID 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 2. APPROVAL OF MINOTES OF THE REGULAR MEETING HELD NOVEMBER 15, 1990 Motion was made by Commissioner Marino to approve the minutes as distributed. Motion was seconded by Commissioner Powers, and carried. CHAIRPERSON ROSENLIEB DECLARED A CONFLICT OF INTEREST ON AGENDA ITEMS 4 AND 5, AND INDICATED SHE WOULD DISQUALIFY HERSELF AND TURN THE MEETING OVER TO VICE CHAIRPERSON MARINO. HER EMPLOYER OWNS PROPERTY IMMEDIATELY ADJACENT TO THE TENTATIVE TRACT. 3. WALL AND LANDSCAPE CONCEPT PLAN FOR TENTATIVE TRACT 5135A (dORNERSTONE ENGINEERING) Tract 5135-A and B is generally located on the west 'side of Mountain Vista Drive approximately 1/8 of a mile south of White Lane, extending to the corner of Mountain Vista Drive and Campus Park Drive. Developer proposes to construct a 6-foot high masonry wall along the west side of Mountain Vista Drive along double frontage lots as a con- dition of Tentative Tract 5135. Mr. Derrill Whitten represented Cornerstone Engineering. When~asked if he was in agreement with the staff report recommendation. He replied he was. Commissioner Anderson asked about the variation of color for the wall. Minutes, P1/C, 1/10/91 Page 2 3. WALL AND LANDSCAPE CONCEPT PLAN FORTENTATIVE TRCT 5135A (CORNERSTONE· ENGINEERING) (continued) Mr. Hardisty replied that staff did not feel there was a conflict ~etween colors.~ Commissioner Anderson was concerned with the lack of continuity. Mr. Whitten stated they want to match the color.-~As far as pilasters, they can leave those off. -Commissioner Frapwell commented that he would like to see the pilasters ..remain because itlwould help break up the bleak wall appearance. Motion was made by Commissioner Powers to approve p~ans subject to con- ditions on pages 2 and 3 of staff r~port with added condition that the Iblock wall match in color with the Wall to the north. Motion was sec- onded by Commissioner Bjorn, and carried. 4 PUBLIC HEARING - MODIFICATION TO LOT WIDTH AND LOT SIZE - TENTATIVE TRACT 5135A (CORNERSTONE ENGINEERING) Tentative tract is~ located between Buena Vista Road and Mountain Vista Drive appr~oximately 1/4 mile south of White Lane. Applicant requested a modification of lot widths from 60 feet to 50 feet wide and lot area from 6~000 square feet to 5,624 square feet for nine lots. The intent is to "free-up" space at the ends of the cul-de- sacs to increase the lot widths for the pie shaped lots which will pro- vide more room for a greater variety of housing models. Public hearing was opened. Mr. Derrill Whitten with Cornerstone Engineering was present. Commissioner Cohn commented that this would be setting a dangerous precedent. The~e being no Others wishing to speak, public hearihg was closed. Commissioner Bjorn was in agreement with Commissioner Cohn except for the fact-the way the reduced lots are being scattered throughout the subdivision in the interior. When asked by Commissioner Anderson as to frontage width, Mr. Whitten went to the maps and showed Commission the frontage width of the cul- de-sac lots at 31 and 32 feet and the revised map showed 34 feet. Commissioner poWers was in agreement with Commissioner Cohn but being scattered through the development as they are it seemed less offensive. commissioner FrapweI1 also agreed with Commissioner cohn's comment. Minutes, P1/C, lflO/91 4. MODIFICATION TO LOT ~WIDTH AND LOT SIZE - TENTATIVE TRACT 5135A Page 3 (CORNERSTONE ENGINEERING) (continued) Commissioner Anderson asked if there was a minimum size lot that the city would allow. Mr. Hardisty replied the standard is 6,000 square feet and 60-foot in width, however there is authority in the ordinance to allow lots of lesser width and area' based on design. Commissioner poWers commented he would like to see~this worked out at committee level and brought back to Commission. Motion was made by Commissioner Anthony to make all findings'set forth in the staff report and approve the modification t'o allow nine lots within Tentative Tract 5135-A to be reduced to a lot area of 5,624 square feet and lot width of 50 feet respectively as described in the staff report. Motion was seconded by Commissioner Powers, and carried by the following roll call votE': AYES: Commissioners Marino, Anthony, Bjorn, Powers NOES: Commissioners Anderson, Cohn, Frapwell 5. PUBLIC HEARING - CHANGE OF CONDITION - TENTATIVE PARCEL MAP 9451 (LUTHERAN CHURCH OF PRAYER) Tentative parcel map is located on the west side of Morning Drive, north and south of. Panorama Drive. Applicant requested a change to Public Works DepDrtment Condition No. 5.B.2 (Steet Dedications and/or Easements) of approved Tentative Parcel Map 9451. The.request is to allow an additional'two access points onto Morning Drive from Parcel 3 of Parcel map 9451. Public hearing was opened. ~Mr. Steve Hawkins represented Lutheran Church of Prayer. ble to the recommendatiOns imposed by staff. He was amena- There being no others wishing to speak, public hearing was closed. Motion was made by Commissioner Powers to make findings set forth an'd approve request to allow limited direct access onto Morning Drive as recommended by staff in the revised condition stated in the staff report. Motion was seconded by Commissioner Marino~ and carried. Minutes, P1/C, 1/10/91 Page 4 6 .' PUBLIC HEARING - TENTATIVE PARCEL MAP 9462 (SOUTHWEST CONGREGATION OF JEHOVAH'S WITNESS, INC.) Applicant requeSted this matter be heard at the same time as .Tentative Tract 5450 is heard. ~ Motion was made by Commissioner Bjorn lo move Agenda Item 7.1 to be heard just prior to Item 8.4. -Motion was seconded by Commissioner Powers, and carried~ 7. PUBLIC HEARING - TENTATIVE PARCEL'MAP 9530 (DEWALT CORPORATION) Commissioner Marino declared a conflict of interest. He is employed by the applicant. Staff report was waived. Applicant requested this hearing.be continued to the January 24, 1991 meeting and send it to the Subdivision Committee for further review. Public hearing was opened. Motion was made by Commissioner Powers to send this to the Subdivision Committee and be brought back to the Commission-meeting of January 24, 1991. Motion was seconded by Commissioner Anderson, and carried. 8. PUBLIC HEARING - TENTATIVE PARCEL MAP 9548 (LUQUE & ASSOCIATES) Tentative parcel-map is located on the northwest corner of Pitts Avenue and Masterson Street, and contains 2 lots on 4.9~ acres, zoned RS (2 1/2 acres), Pqbiic hearing-was opened. Mr. Danny Russell, resident of the area stated he did not want to see anything less than 2.5 be approved. Mr. Henry Gallego, resident did not want a precedent set'~where one acres parcels will be approved in the future. He was also concerned about how the property would be split and their water line running east and west. Mr. Kloepper replied that water lines are g~nerally in the road easements. Alex Luque represented the property owner. He asked for a cont%nuance to work out the problems regarding Fire Department conditions. -Mr. Kloepper commented that the Fire Department had requested five fire hydrants for this project, and Mr. Luque felt this was excessive. Motion'was made by Commissioner Powers to continue this hearing to the January 24, 1991 meet%ng to give staff and applicant the ability to work out the.Fire Department condition. Motion was seconded by Commissioner Cohn, and carried. Minutes, P1/C, 1/10/91 9. PUBLIC HEARING - TENTATIVE TRACT 5257 (DEWALT CORPORATION) Page 5 Applicant withdrew Tentative tract map. 10. PUBLIC HEARING - TENTATIVE TRACT 5421 (CORNERSTONE ENGINEERING) This hearing waslcontinued from the December 6, 1990 meeting so that applicant couldmeet with the Subdivision Committee to discuss staff conditions of approvgl requiring extension of a street depicted as a cul-de-sac and its impact on lot size and tract design. Tentative~tract i§ located approximately 1/4 mile south of Olive Drive jnd 1/4-mile east of Fruitvale Avenue, and contains 33 lots on 10.18 acres. Public hearing was opened. : Mr. Derrill White'ten-represented Cornerstone Engineering and indicated they were am~nab!e to recommendations of the Subdivision Committee and the conditions listed in the staff report. There be%ng no others wishing to speak, public hearing was closed. Commissioner Ma-rino supported the committee recommendation. Motion was made by Commissioner Bjorn to approve and adopt the Negative Declaration, make findings set forth on Pages 2 and 3 of the November 30, 1990 staff report and to a~prgve Tentative Tract 5421 (plot date 12/11/90) subject to the conditions outlined in the staff report with the changes reflected in the January 10, 1991 Subdivision Committee report which was revised'-to add a new condition #6, "prior to recordation, Tentative Tract shall be added to Maintenance District #22". Motion was seconded by Commissioner Powers, and carried. Motion was made by Commissioner Bjorn to make the following findings and approve the modification to allow 15 lots less than 10,'000 square feet in size: 1. The granting of t~his modification will not be materially detrimental to the public welfare and will not be injurious to property and im- provements in the zone or vicinity in which the property is located. o The granting of such modification is necessary to secure appropriate improvements on the lot or lots. The granting of the modification is consistent with the purposes and intent of Title 17 of the Bakersfield Municipal Code. Motion was seconded bY Commissioner Powers, and carried.: 'Minntes, ~P1/C, 1/10/91.' o 11. PUBLIC HEARING - TENTATIVE TRACT '5416 (DEWALT CORPORATION) Page 6 Commissioner Marino declared a confli~ct of 'in~terest. He is employed by the ~pplicant..~' ~ ~ ~ Tentative tract is located on the northeast corner of Jewetta Avenue and Noriega Road alignment, and contains 195 lots on 57.15 acres, zoned R-1. This proposed tract is one of the several tracts to be located withi'n the "POlo Grounds" project area which was annexed on October 2, 1990. Public hearing was opened. IMr. Greg Owens with DeWalt Corporation was present and amenable to the Conditions listed in the staff report. There being no others'wishing to speak, public h~aring was closed. Motion was made by Commissioner Powers to approve and adopt the Negative Declaration, to make all findings s~t forth and to approve proposed Tentative Tract 5416 subject to the conditions outlined in Exhibit "A" of the staff report, and further modified by the Planning Department memorandum dated January 10, 1991. Motion was seconded by Commissioner Frapwell, and carried. 12. PUBLIC HEARING - TENTATIVE PARCEL MAP 9462 (SOUTHWEST CONGREGATION OF JEHOVAH'S WITNESS, INC.) Mr. Delmarter of Rigkett, Ward, Delmarter & Deifel informed Commission that it is anticipated that this parcel Will be a lot of the Tract 5450 as noted in the staff report, and perhaps tentative tract should be heard prior to hearing this parcel map. Motion was made by Commissioner Powers to hear this item after Agenda Item 8.4, Motion was seconded by Commissioner Cohn, and carried. 13. PUBLIC HEARING - TENTATIVE TRACT 5450 (RICKETT, WARD, DELMARTER & DEIFEL) Tentative tract is located on the west side of Wible Road, approxi- mately 1/4 mile south of Hosking Avenue, and contains 50 lots on 15.59 acres to be zoned upon ann~exation to R-1 (One Family Dwelling-lO,000 square foot minimum lot size). Tentative parcel map is located on the west Side of Wible Road approxi- mately 1/8 mile south of Hosking Avenue, and contains 2 parcels (19.4 .acres) to be zoned upqn annexation to R-1 (One Family Dwelling-lO,000 square foot minimum lot size). Future .development of the map is proposed as single family residential and church purposes. Public hearing Was opened for Tentative Tract 5450. Minutes, P1/C,-1/iO/~I Page 7 · 13. TENTATIVE TRACT 5450 RICKETT, WARD, DELMARTER & DEIFEL)(continued) Mr. Jim Delmarter represented the owner of the 20 acre parcel as well · as the people .from the proposed church. Mr. Del~arter clarified, that fhe 20 acre parcel is owned by his client i ~who would be selling a 4 acre parcel to the church which is the reason for two separate applicants and projects. Mr Delmarter'ref~rred to Public Works Condition I, Page .1, Drainage, and indicated they~plan on p~tting a sump on site with the intention of accepting drainage from the parcel map through a privately maintained ~torm drai~ system;~Condition II, Sewers, indicating it is t~heir inten- tion to Iprovide an easement through one of the lots of the tract to the · "not a part" parcel to provide a sewer~'lateral, and requested that the following be added to Condition II.C, "approved as an easement along a side yard of~one of the lots between the street, and the "not a part" parcel. Mri. Kl~epper replied ~hat it would have to be an extreme case for the City' to allow a sewer line to go down a lot line, .therefore recommend- ing against Mr~ Delmarter's request. He further informed Mr. Delmarter that if it is going to be a private sewer with 4 inch building -connection, the Building Department is requiring a 1/4 inch per foot fall on those lines. Mr. Delmarter~ referred to Condition V.B.2, temporary turnaround at the north end of Tamworth Street and he opted to redesign the tract for a knuckle as indicated in the conditions. Mr. Delmarter referred to Condition V.B.~, and stated that Tract 4824 is under construction, and requested that the condition be deleted. Mr. Kt0epper replied he had no recommendation eitber way. Mr. Delmarter referred to Condition V.C, removal of obstructions, and wanted to make sure that Public Works would agree that a common use agreement between the 'City and any easement holder would comply with this condition. Mr. Kloepper replied that was acceptable. Mr. Delmarter referred ·to Condition VIII.A, width of street at 40 feet. He requested a reduction of the width to 36 feet on the cul-de-sac, in conjunction with that, it was requested~that item B, Cedar Springs Drive flow-line to flow-line width be reduced to 40 feet, item C .flow-line center line distance to 45 feet was made due to existing conditions. Mr. Kloepper was amenable wi~b clarification to item C, it was his understanding from Mr. Delmarter that there are a good number of feet of-.curb~and gu~ter existing on Wible Road on the frontage of this par- cel at 45 feet, additionally the county tract to the 'south is being built with the flow line at 45 feet, and item B could be deleted. Minutes, P1/C, 1'/10/91 Page 8 'TENTATIVE TRACT 5450 (RICKETT, WARD, DELMARTER & DEIFEL) (continued) Mr. Delmarter~referred to Condition VIII.D. full width landscaped median, and one north bound traveled lane and transitional paving as required, and stated that his clients would like to put the buyeKs of this property on notice of the existence of this future median that their turning movements will be as they see them rather than the city come back later~and build a median island in which there may be some concerns about the fact .that their left turn movements have been restricted. He further stated this could be done by notation on the final map, and in CC&R's to notify potential buyers that this situation could exist. He requested they only be required to pay the median fee that is normally been assessed in other cases of $22 a linear foot for your. side of the street and the median for that. Commissioner Anderson'asked about road signage for safety purposes. Mr. Kloepper replied that the normal signage for that would be divided road ahead as Well as striping. Mr. Delmarter Stated that "No Left'Turn" signs could be posted until such time as the full median is constructed. He then referred to Condition 10A, and indicated that if the requirement for the median is eliminated, .then some of the signs would not' be required. Condition ll.B., they would like to opt to make that parcel a lot of th~ tract, and requested that Condition V.B.1 be changed to eliminate the waiver of access from that particular lot to allow the.church to have their access. Mr. Kloepper replied there would be access allowed to the church parcel and proposed that to be subject to the approval of the City Engineer and in conformance to city standards. Mr. Delmarter clarified that it is their intention to make the large parcel a lot of thesubdivision, ~nd the conditions for the access to that lot are included in the parcel map conditions,'and concurr with them. CommissioneP Marino stated his inclination to send this matter to a committee for further review and come back with specific recommendations. Mr Delmart'er stated that it is ~their intention to put in landscaping and walls even though it is not mentioned in the conditions. Mr Hardisty stated that with only two lots and those lots siding on Wible Road, it did not seem to be an issue, but if walls are included they should be how they are designed so they don't interfere with sight distance or become a maintenance problem. Mi-nutes, P1/C,. 1/10/91 Page 9 13. TENTATIVE TRACT 5450 (RICKETT, WARD, DELMARTER & DEIFEL) (continued) Mr. Delmarter referred to ~lanning Department Conditions on Pages 7 and 8, Condition 5, in-lieu park fees, and wished clarification that the church does not have to be taken into consideration for the payment of the fees, and asked if the fee had been established. Mr.'Hardisty replied that the going rate per acre on park fees is' the appraisal value' of the property, and if paid after the decennial census, it will be the population as indicated in the per household count. Mr. Delmarter referred to Planning Department Condition 7, street names, and asked why they must be resubmitted. Mr. Hardisty replied the' city tries to avoid same-sounding streets with different spellings for purposes of avoiding confusion in dispatch of emergency vehicles. There being no others wishing to speak, public hearing was closed. Commissioner Bjorn asked about conditions for the wall and landscaping along Wible Road. Mr. Hardisty provided a list of standard conditions for wall and land- scaping to Commission. Mr. Delmarter was ~enable to the standard conditions.for wall and landscaping. Motion Was made by commissioner Bjorn t~o approve and adopt the Negative Declaration, to make all findings set forth and to approve proposed ~Tentative Tract Map 5450 subject to the conditions outlined in Exhibit A of the staff rgpbrt, and revi.sed as follows: Public Works Condition V.B.i, "A waiver of direct access rights from all abutting lots within the subdivision ~o Wible Road except for the area shown as "not a part". If the area shown as "not a part" becomes a lot of this tract, ~hen access to WibleRoad from the "not a part" shall be approved by the Cit_y Traffic Engineer, and shall be in conformance to City standards." Public Works Condition V.'B.3, deleted. Public Works Condition VIII.A, "The mi'nimum flow line to flow line widths of the local street shall be 40 feet except that the minimum flow line to flow line width for the cul-de-sac shall be 36 feet. Public Works .Condition VIIi.B, deleted. Pu'blic Works'Condition VIII.C., "Wible Road shall have'a ~centerlin~e to flow line distance of 45 feet." Minutes, P1/C, 1/10/91 -- page 10 13. TENTATIVE TRACT 5450 (RICKETT, W~RD, DELMARTER & DEIFEL) '(continued) Public Works Condition VIII.D.I.a, add at end; "A reimbursement agreement may be processed by the developer of the tract for ~ermanent improvements outside~the normal responsibility of the developer. Add Planning Department Condition 11, There shall be a.minimum of 10 feet width of landscape area a'long Wible Road. Add Planning Department Condition 12, Subdivider shall construct, a six foot high masonry wall along Wible Rbad. The wall height shall be measured from ~the side highest grade. Add. Rlanning ~Department Condition 13, The subdivider shall either.install all landscapin'g and automatic irrigation systems prior to recordation of a final map or enter into a separate agreement with the City and post approved security to guarantee their installation- Add Planning-Department Condition 14, Prior to recor- dation of final map, subdivider shall submit detailed irrigation landscape and wall construction plans for review by the City Parks Division, and approved by the City Engineer. Add Planning Department Condition 15, Selection of irrigation and plant materials shall be d~termined in consultation with the City Parks Division. Add Planning Department Condition i6, At least 48- hours prior t.o installation of the irrigation system and landscaping, the subdivider shall notify the City Engineer and City Parks Superintendent.. Add Planning Department Condition 17, The subdivider shall maintain all irrigation and landscaping for a period of not less than 6 months after receiving written acceptance by the City Parks~Department. The water-and electricity will be paid by the subdivider until the end of the 6 month maintenance period, and final written acceptance by the city. After the 6 months and the final written acceptance of the City, the subdivider will be responsible for sending a letter to the utility companies transferring the meters to the City of Bakersfield. A copy of the letter shall be sent to the City Engineer and Parks Division. Add Planning Department Condition 18, The conceptual wall and landscape plan shall be submitted to the Planning. Commission for approval prio~ to rec-ord~tion of the map. Motion was seconded by Commissioner Cohn, and carried. Minutes, P1/C, 1/10/91 A sHoRT BREAK_ WAS TAKEN i 14. PUBLIC HEARING - TENTATIVE PARCEL MAP 9462 (SOUTHWEST CONGREATION OF Page 11 -JEHOVAH'S WITNESS~, INC.) Staff'-'report was waived. It was given in the prior tract map. Public hearing was open.- Mr. Jim Delmarter repreSented the applicant. He referred to Public Works COndition #1 and indicated they intend to provide drainage on tHe tract to.take care of"this parcel map and request that the comment, ,'drainage from each parcel shall be retained on site" be revised. Mr. Kloepper revised the condition to read, "Drainage shall remain on site, and be disposed of by means of a plan approved by the City Engineer". Mr-. Delmarter requested that the median island not be constructed at this time for safety PuKposes, economic purposes, and to place notices on the parcel map as well as in tHe CC&'Rs, and post "No Left Turn" signs and pay a $22 per lineal foot cost for their share of the'median. Mr. Delmarter also indicated that the number of street lights and fire hydrants previously mentioned could be worked Out with staff. There being no'others wishing to speak, public' hearing was closed. Motion was made by Commissioner Marino to approve and adopt the Negative Declaration, to make all findings set forth and to approve proposed Tentative Parcel Map 9462 subject to the conditions outlined in Exhibit A of'the staff report with the following changes; Public Works'Conditi6n~#1, drainage; "Drainage from each parcel shall be retained on site, and shall be disposed of by a plan approved by the City Engineer. The number of fire hydrants and street lights shall be as approved by City Staff. Motion was seconded by Commissioner Powers, and carried. Minutes, ~'P1/C, 1/10/91~ 15. PUBLIC HEARING · TEN-~ATIVE TRACT 5233 (TELSTAR ENGINEERING) Page 12 Tentative tract is located north of Panama Lane and east of South Union Avenue, and contains 92 lots on 22 acres, zoned R-1. Public hearing was opened. Mr. Carl .Moreland with Telstar Engineering was present. Ther~ being no others-wishing to speak, public hearing was closed. Chairperson Rosenlieb asked if there is going to be a fence around the exis.ting parcel on Panama Lane. Mr~ Hardisty ~eplied that there could be a problem with sight distance if the driveways ~are inappropriately placed with a six foot fence com- ing right up to back of sidewalk. Motion was made by commissioner Powers to approve and adopt the Negative Declaration, to make all findings set forth in the staff ~report and 'to approve proposed Tentativ~ Tract 5233 Revised subject to t h~ conditions outlined in Exhibit A of the staff report with addition to Planning Department Conditions: Prior to recordation of final map, a maintenance district shall be established. The subdivision shall be annexed into an existing district, form a new district or the subdivide~ shall provide an alternate means of maintenance which is amenable-to the City. Motion was seconded by Commissioner Cohn, and carried. 16. PUBLIC HEARING - ADOPTION OF ZONE MAP #101-13 LOCATED SOUTH OF REINA ROAD, WEST OF JEWETTA AVENUE, EAST OF ALLEN ROAD NORTH OF HAGEMAN ROAD .AND ZONING MAP #123-35 LOCATED SOUTH OF HOSKING AVENUE, WEST OF WIBLE .ROAD, EAST OF STINE ROAD TO TAFT HIGHWAY. Subject properties were previoqsly zoned upon annexation by Ordinance Nos. 3284 and 3321. -Public hearing was. opened. There being no one present wishing to speak, public hearing was closed. Motion was made by Commiss£oner Cohn to adopt resolution making find- ings approving the Negative Declaration and approving the proposed Zone Change 5121 consisting of the adoption of Zone Map #101-13 and 123-35 wish the approved Zoning Upon Annexation designations and recommend same to ICity Council. Motion was seconded by Commissioner Anthony, and carried~by the following roll call vote: AYESi Commissioners Marino, Anderson, Anthony, Bjorn, Cohn, Powers,~Rosenlieb NOES: None ABSENT.: Nonei MinUtes, P1/C, 1/10/91 Page 13 17. SAID PROPERTY IN THE COUNTY OF KERN LOCATED SOUTH OF WHITE LANE AND EAST OF BUENA VISTA ROAD - ZONE UPON ANNEXATION TO C-1 (-LIMITED COMMERCIAL), OR MORE RESTRICTIVE ZONE. (FILE 5105) ANNEXATION OF 12.17 ACRES LOCATED souTH OF WHITE LANE AND EAST OF BUENA VISTA ROAD KNOWN AS BUENA VISTA NO. 4 ANNEXATION Chairperson Rosenlieb declared a conflict of interest. Her employer owns property to the south of subject proper'ty. This request is an annexation and zoning upon annexation on 12.17 +/- acre parcel to permit the development of commercial. Public hearing was opened. Ms. Michelle LeMoine with Simpson-VanCuren represented property owner and was amenable to staff's recommendations. There being no others wishing to speak, public hearing was closed. Motion was made by Commissioner Anthony to adopt resolution making findings approving the Negative Declaration and recommend same to the City Counc~il. Motion was seconded by Commissioner Powers, and carried by the following roll call vote: AYES: Commissioners Marino, Anderson, Anthony,~ Bjorn, Cohn, Powers, Frapwell NOES.: None ABSTAIN: Commissioner Rosenlieb Motion was made by Commissioner Anthony to adopt resolution making findings, approving Zoning Upon Annexation No. 5105 consisting of a change of zone from County Zoning of A (Exclusive Agriculture) to the City designation of C-1 (Limited Commercial), or more restrictive Zones, and recommend same to the City Council. Motion was seconded by Commissioner Powers, and carried by the following roll call vote: AYES: Commissioners Marino, Anderson, Anthony, Bjorn, Cohn, Powers, Frapwell NOES: None ABSTAIN: -Commissioner Rosenlieb Motion was made by Commissioner Anthony to adopt a resolutiOn wi~h required findings approving the proposed Buena Vista No. 4 Annexation and recommend same to City Council. Motion was seconded by Commissioner Powers, and carried by the following ~oll~call vote: AYES: CommisSioners Marino, Anderson, Anthony,-Bjorn, Cohn, ~P0wers, Frapwell NOES None -ABsTAiN~ Commissioner Rosenlieb Minutes, P1/q, 1/10/91 Page 14 PLANNING DIRECTOR HARDISTY REFERRED TO PREVIOUS AGENDA ITEM 9 (ADOPTION OF ZONING MAPS) REQUESTED THAT PLANNING COMMISSION FIND THAT THE ADOPTION OF THOSE TWO MAPS IS EXEMPT FROM THE ENVIRONMENTAL QUALITY ACT BECAUSE THE ADOPTION OF THEM DOES NOT CHANGE ANY. USE OR REGULATION OR PERMITTING PROCESS 'AND IS SIMPLY A REFLECTION OF ALREADY OFFICIALLY ADOPTED ZONE CHANGES BECAUSE IF A NEGATIVE DECLARATION IS ADOPTED AND RECORDED, A FEE OF $1,250 WOULD HAVE TO BE PAID BY THE CITY. Motion was made by Commissioner Marino to reconsider. Motion was sec- onded by Commissioner Anderson, and carried. Motion~was'made by Commissioner Marino that the adopted Zoning Maps 101-13 and 123-35 are categorically exempt from CEQA. Motion was sec- onded by Commissioner Anderson, and carried. 18. SAID PROPERTY IN THE COUNTY OF KERN LOCATED WEST OF WIBLE ROAD, SOUTH OF THE ARVIN-EDISON CANAL TO HOSKING AVENUE - ZONE UPON ANNEXATION TO R-1 (ONE .FAMILY DWELLING) AND C-1 (LIMITED COMMERCIAL), OR MORE RESTRICTIVE ZONE. (FILE 5095) ANNEXATION OF 93.32 +/- ACRES LOCATED WEST OF WIBLE ROAD, SOUTH OF THE ARVIN-EDISON CANAL TO HOSKING AVENUE KNOWN AS WIBLE NO. 8 ANNEXATION This is an annexation and a zoning upon annexation request on 93.32 +/- acres. It is the intent of the applicant to designate the site for a residential subdivision and a small commercial center. Public hearing was'-opened. There being no one present wishing to speak either in favor or opposition, public hearing was closed. Motion was made 'by Commissioner Powers to adopt resolution making find- ings approving the Negative Declaration and recommend same to the City Council. Motion was'seconded by Commissioner Marino, and carried by the following roi1 ealI vote: AYES: Commissioners Marino, Anderson, Anthony, Bjorn, Cohn, Powers, Rosenlieb NOES: None Motion was made by Commissioner Powers to adopt resolution making findings, approving Zoning Upon Annexation.No. 5095 consisting of a change of zone from County zoning of A (Exclusive Agriculture), to the City designation of R-1 (One Family Dwelling) and C-1 (Limited Commercial), or more restrictive Zones and recommend same to the City Council. Mot-ion was seconded by Commissioner Anthony, and carried by the following roll call vote:' AYES': Commissioners'M~rino, Anderson, Anthony, Bjorn~ Cohn. Powers, Frapwell NOES: None Minutes, P1/C, 1/10/91~ Page 15 13~ WIBLE NO. 8 ZONING UPON ANNEXATION AND ANNEXATION (continued) Motion was made by Commissioner Powers to adopt a resolution with required findings approving the proposed Wible No. 8 annexation 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, Bjorn, Cohn, Powers, Rosenlieb NOES: 'None 14. G~NERAL PLAN CONSISTENCY FINDING - DEWALT CORPORATION ON BEHALF OF COLEMAN COMPANY TO FIND THE VACATION OF THE REMAINDER PORTION OF MT. VERNON AVENUE FRONTAGE ROAD NORTH OF 'BERNARD STREET CONSISTENT PURSUANT TO SECTION 65402 OF THE GOVERNMENT CODE Commissioner Marino declared a conflict of interes~t. 'He is employed by the applic'ant. DeWalt ]Corporation is in the process of filing Parcel Map No. 9530 on the property containing the frontage road. The property owner wishes to "clean .up" the property prior to recordation of the Parcel Map. Motion was m~de by Commissioner Powers pursuant to'Government Code Section 65402 to find the vacation of the remainder portion of the Mt. Vernon Avenue frontage road North of Bernard Street is consistent with the Metropolitan Bakersfield 2010 General Plan, and report the same to the City Council with recommendation that adequate easements be reserved I for any public utilities remaining in the area. Motion was seconded by Commissioner Fr~pwell, and carried. 15. GENERAL PLAN CONSISTENCY FINDING - GREENFIELD SCHOOL DISTRICT REQUESTING CONSISTENCY FINDING OF ACQUISITION OF A SCHOOL SITE SITE AT THE NORTHEAST CORNER OF FAIRVIEW ROAD AND MONITOR STREET Motion was made by Commissioner Bjorn to find that this is a matte~ which arose afterthe agenda was posted and requires action at this meeting. Motion was seconded by Commissioner Marino, and carried by the following roll call vote: AYES: Commissioners Marino, Anderson, Anthony, Bjorn, Cohn, Powers, Rosenlieb NOES: None Motion was made by Commissioner Marino to find acquisition of the school site consistent with the general plan. Motion was seconded by Commissioner Anthony, and carried. Minutes, P1/C, 1/ ~ 16. PROPOSAL TO ADOPT RESOLUTION AMENDING THE BYLAWS REGARDING THE Page 16 ALTERNATE PCANNING COMMISSIONER AND PUBLIC HEARINGS Mr. Hardisty stated that in review of the draft, some editing was done, and was not given~to Commission in a timely manner, therefore he recom- mended t~his matter be continued to the next regular meeting. MOtion was made bY Commissioner Anthony to carry this item to the next regular meeting. MOtion was seconded by Commissioner Powers, and carried. 16. VERBAL COMMUNICATION Mr. Hardisty informed Commission of the Business Outlook Conference, and those wishing to attend could obtain tickets from him. Mr. Hardisty informed Commission and the rest of the community that. is affected that State Legislation now requires that upon the posting of a Notice of Determination for a Negative Declaration, the applicant is responsible to pay $1,250 filing fee to the County'Clerk to be forward to the State of Califo~rnia, and an EIR has an $850-filing fee. A FIVE-MINUTE BREAK WAS TAKEN TO GIVE THE WORKSHOP PARTICIPANTS TIME TO SET UP. 17. WORKSHOP - METROPOLITAN WIDE PARK AND RECREATION DISTRICT Mr. Lee Anderson, Assistant Director of the Convention Center intro- duced Mr. Frank.Fabbri, Superintendent of parks, and Mr. Jim Ledoux, Recreation Superintendent who gave reports on the city-wide Parks and Recreation Study. Chairman Rosenlieb commented that the plan needs to be developed and · then sold to the voters by way of getting the soccer foundation -involved as well as the Little League~ the Board of Realtors, and many others. She.also commented that there is lack of community input.in developing a plan. Mr Anderson was in agreement~'~' He further stated they have made an attempt to identify some of the deficient areas, and'tried to come up with some possible solutions. They are in the process now of going to various organizations and eliciting information. They plan to develop a financial picture before trying to do too much public selling. Chairperson Rosenlieb asked about a time table as to when something will be presented to the voters. Mr. Anderson anticipated that it would probably be about a year and a haif to-two years before it can-be put on the .ballot. Chairperson Rosen~ieb commented that she would like tO see this put On the ballot with cogmunity effort. Commissioners Cohn and Anthony both commented On the need for community suppoyt-for this project. -Commissioner-Anderson.suggested that the development community be app0~nted to PartiCipate in the program. Commissioners Marino and'Powers thanked the committee':for their work and time-spent on ~this project. ~ Minutes, P1/C, 1/10/91 18. CO~MISSION COMMENTS Page 17 .Chairperson Rosenlieb commented on. wall and laqdscape proposals with ~grade differentials. Commissioner Anderson asked for consideration in the bylaws that the alternate Planning Commissioner automatically be moved to the next vacan~ position. Mr. Hardisty ~ommented that this position is working well. He further stated that Council discussed the alternate position at length and d~d not put that in as an. automatic condition. Commissioner Po~ers asked for a standardized form of recommended action in the staff reports. Mr. Hardisty ~eplied that his staff would work on standardizing the recommended action. 19. ADJOURNMENT There beingno~other business to come before the Commission, meeting was adjourned at 9:20 p.m. Isabel Williams .~creta.~