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HomeMy WebLinkAbout12/20/90MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD -Held Thursday, December 20, i990, 5:30 p.m., City Council Chamber, City Hal!, 1501Truxtun Avenue, Bakersfield, California. ~ 1. 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 Chairperson Rosenlieb asked Commission if they would consider moving Agenda Item 9.~2A and related item 2B to be heard_at this time because while it was advertised technically correct, it clearly leaves the impression that the application is for 6,000 square foot lots and the application is for 18,000 square foot lots. Motion was made by Commissioner Power~ to move Agenda Items 9.2A and 2B to this point on the agenda. Motion was seconded by Commissioner*. Anderson, and carried. 2. PUBLIC HEARING - GENERAL PLAN AMENDMENT 4-90 AND ZONE CHANGE 'SEGMENT II AND CONCURRING ZONE CHANGE 5091: OCEANIC COMMUNITIES (Martin-McIntosh, Agent) The applicant intends to develop the 140-acre site with residential subdivisions located at the northeast corner of Allen Road and Brimhall Road. Public hearing~was opened.. Mr. Gerald Conglin wished to go on record as being opposed to 6,000 square foot lots. Mr. Ron Garness~ resident of Old Town Road.request~ed a minimum of 24,000 square foot lots. Minutes, P1/C, 12f20/90 Page 2 2 GPA 4-90 SEGMENT II AND ZONE CHANGE 5091 (continued) Mr. Roger McIntosh with Martin-McIntosh Engineering represented Castle and Cooke Development requested the the first line of Condition 3 which reads, "With the first subdivision/development within the project area" be stricken. Mr. 'McIn~osh refer~ed to Condition 8', and stated they have initiated talks with the Public Works Department to form a sewer assessment dis- trict and requested that the condition be rewritten, "that. unless this property joins with the formation of an assessment district for the future Allen Road trun'k sewer, a sewer fee will be paid at the time of further subdivision. Mr. Kloepper was amenable to the change in language. Mr. McIn~osh referred to Condition 3, and stated it was their intention to phase this development and as phasing starts it is uneconomical to construct Brimhall Road all the way from Allen to Jewetta. Mr. Kloepper was in 'agreement. *Commissioner Anthony was seated. There being no others wishing to speak, public hearing was closed. Chairperson Rosenlieb stated she was please with the 18,000 square foot minimum lot s'ize~proposed by the applicant. Mr. Kioepper infOrmed Commission that the conditions be adopted as per Public Works memo of December 20, 1990. Motion was made by Commissiondr Marino' to adopt the resolution making findings approving the negative declaration and approving general plan amendment 4-.90, Segment II consisting of an amendment to the land use element from ER (EstRte Residential) to SR (Suburban ResideBtial) sub- ject to the conditions of approval listed in the December 20, 1990 memo from Public Works Department and the unaffected conditions listed in Exhibit A with the change to said December 20th memo that Condition #7 of said memo shall be changed to read, "unless this property joins in the formation of an assessment district for the future Allen Road trunk sewer, a sewer fee will be paid at the time of future subdivision or development within the project area for the future Allen Road trunk sewer pipeline. This fee will be approximately $300 per equivalent dwelling'unit", 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, Rosenlieb NOES: None Minutes~ Pi/C,' 12/20/90 Page.3 2. GPA 4--90 = SEGMENT ti AND ZONE CHANGE 5091 (continued) Motion Was made by Commissioner Marino to adopt the resolution making the findings listed in the staff report approving the Negative DeClaration, and approving the concurrent zone change request #5091 con~sisting of a change from an A-20A (Agriculture-20 acre minimum) to R-1 (One'Family Dwelling, 18,000 square foot minimum lot size) subject to conditions of approva! in the staff report for the general plan amendment and recommended same to the City Council. Motion was sec- onded by Commissioner Powers, and carried by the following roll call vote: ~ AYES: Commi~ssioners Marino, Anderson, AnthOny, Bjorn, Cohn, Powers, Rosenlieb NOES: None 3. pUBlIC HEARING - COMPREHENSIVE WALL AND LANDSCAPING PLAN AND EQUESTRIAN TRAIL~MASTER PLAN - POLO'GROUNDS Commissioner Marino decl'ared a conflict of interest. His employer owns property~within the polo grounds, and may be affected by the action. Subject ~roperty is located approximately east of Jewetta Avenue, south of Snow Road,' west of Calloway Drive and north of Hageman Road includ- img the southern half of Section 13, Township 29 South, Range 27 East contains 1,556.5 acres. This matter was continued at the meetings of November 1, November 15 and Decemberi6, 1990 to address a variety of concerns raised by the Planning Commission and staff. ~i The comprehen·sive wall and landscaping plan and the Equestrian Trail Master Plan is a requirement of the Polo Grounds.general plan amendment. Applicant proposes a concrete split faced block wall six feet in height. Public hearing was opened. Ms. Jeri Moffett represented Keep It Country, and stated their ~ppreci- ation of time and effort on this proposal. Mr Bob Smith with Sequoia Engineering represented the applicant. Chairperson Rosenlieb asked Mr. Smith about a contrasting cap for the proposed wall. ~' Mr. Smith replied they never showed a contrasting cap.~ They are pro- posing a mortar cap. Commissioner Anderson suggested that applicant use Some type of a pre- formed concrete cap that matches the wall. Minutes~, P1/C, 12/20/90 Page 4 3.PUBLIC HEARING - COMPREHENSIVE WALL AND LANDSCAPING-PLAN AND EQUESTRIAN TRAIL MASTER PLAN - POLO GROUNDS (continued) ~ Assistant planning Director, Stan Grady stated that the committee had looked at something that would break up the appearance of the wall if ~there is a long length-of wall either pilaster or columns. There was no firm position that every wall had to have a contrasting Concrete cap. There being no others wishing to speak, public hearing was closed. .Commissioner Cohn-stated that inlooking at Exhibit "A" of the staff report, there is no mention of signage with respect to the. trail itself. Mr Kloepper, Assistant Public Works Director stated that at the time of the individual subdivision submission those kinds of signs would be included in the sign requirements under the traffic s'ection, and would most likely prohibit wheeled vehicular use of the trails. Chairperson Rosenlieb thanked the applicant for talking with Riverlakes Ranch about a possible tie-in with their project. She also stated that applicant's proposal is~to ask for a general plan amendment on the polo grounds 53 acres which is designated recreational commercial of ~ which there is no such land use designation, and wanted to firm up the land use designation on either the 53 acres or the remaining 14 acres. Both Commissioners Rosenlieb and Powers thanked the applicant for their bard work in coming up With a plan that is amenable to everyone concerned. Motion was mad'e by Commissioner Powers 'to approve the proposed master wall and landscaPe plan and equestrian trail plan with conditions listed in Exhibit "A" of the staff report. Motion was seconded by Commissioner Anthony. Commissioner Anderson asked Commissioner Powers if he would amend his motion to approve a matched pre-cast concrete cap in lieu of the mortar cap. ~ Mr. Smith stated that have taken the same idea from a wall in Haggin Oaks. CommiSsioner Powers did not' amend his motion. Commissioner Anderson voted no. Motion Carried. Mi~nutes, P1/C, 12/20/90- Page 5 4..puBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 4957 (SEQUOIA ENGINEERING, INC.) Tentative Tract 4957 is located along Harris Road, east of Ashe Road'. Appiicant-'s request is the third and final request for a one-year extension of time. Phases 2 and 3 are proposed as single family residential containing a total of 301 lots oh 77~89 acres, zoned R-1. Phase 1 of~this tract containing 135 lots on 41.27 acres has been filed for recordation. Public hearing was opened. Mr. Bob-Smith with Sequoia Engineering was amenable to the conditions as proposed.. There being~no others wishing to speak, public ~hearing was~closed. Motion was-made by Commissioner Bjorn to approve the one year extension of time to November 20, 1991, subject to the conditions, as modified in Exhibit "A" of the staff report. Motion was seconded by Commissioner Marino, and carried. 5. PUBLIC-HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5118 (MARTIN-McINTOSH) Tentative tract is located east of Old River Road to Cal State University of Bakersfield, north of Camino Media to Howell Drive. Applicant requested his first one year extension. _The commercial subdivision contains 12 lots on 63.82 acres with an a~erage~lot size of 5.3 acres. Public hearing was opened. Mr. Roger Mcintosh With Martin-McIntosh Engineering represented State Farm Insurance. Mr. McIntosh stated that the purpose of~ this request for extension is as outlined in the developmen't agreement between Sanwa.Bank (State Farm Insurance) and the City. There being no others wishing to speak, public hearing was closed. Chairperson Rosenlieb noted that the agreement was revised at Council level, and the Commission never saw that agreement. Motion was made by Commissioner Marino to approve the~one year exten- sion of time to expire March 16, 1992 for Tentative Tract 5118 .Motion was seconde~ by'Commissioner Powers, and carried. Minutes, P1/C, 12/20/90 Page 6 6. 'PUBLIC :HEARING - EXTENSION OF TIME - PLANNED UNIT DEVELOPMENT 4709 · <FIRST C~T¥) Commissioner Powers declared a potential conflict of interest, and if at ~some fUture time this matter should come back to Commission, and it is determined that he does not have a conflict of interest,-he would like to reserve his right to be able to vote on this. Commissioner Marino stated he was not sure if he ~ad a conflict on this item. His~employer has provided services in the past, and did not know if that has been terminated yet, but would not vote on this item. ZOne Change 4709 is located north of Auburn Street approximately 1/4 mile east of Fairfax Road Applicant requested his first one year extension pursuant to section t7.52.080(c) Final development ~plans for the project were approved March 15, 1990. Public hearing was opened. Ms. Paula Minney, ~310l Juniper Ridge Court spoke in opposition to the extension._ Mr. Henry McCarthy,· 31010akridge Drive spoke in opposition, and sug- gested that if the Commission approves the extension t~at a recommenda- tion be made in_the extension that the property be maintained trash free. Mr.~Steve .Nichols, 3100 Shiloh Ranch Court opposed the PUD zoning and the~zoning shoul~ go back to R-i, R-3, and submitted a letter of opposition. Ms. Darlene Duncan,-3100 Juniper Ridge Court spoke in opposition. Mr. Rick Coop represented First ~City. There being no others wishing to speak, public hearing was closed. Commissioner Cohn stat~ed that since the original PUD in 1985, noth- ing has changed except additional anger on the part of the residents, he was in favor of the Planning Commission instituting a zone change. Building Director Bidwell stated there are ordinances that gives the" city the authority to require property owners to maintain their prop- erty in an acceptable manner. Chairperson Rosenlieb commented that Commission cannot further condi- tion this pUD at this time, however the applicant has heard the'request · for a block~¥all, and perhaps could do something about that.~ Mo~ion was made by Commissioner Anderson to approve the one year exten- sion of~ time~ for PUD 4709 to expire February 27, 1992.. ~ Minutes, P!/C,~ 12/20/90 Page 7 6PUBLIC HEARING - EXTENSION OF TIME - PLANNED UNIT DEVELOPMENT~ 4709 (FIRST CITY) (continued) Commissioner Cohn asked ~f the motion could be amended to direct staff to monitor this and bring this back in six months. Motion was amended by Commissioner Anderson to include Commissioner Cohn's request. Motion was seconded by Commissioner Anthony, and carried. 7. 'MODIFICATION TO LOT WIDTHS - TENTATIVE TRACT 5135A (CORNERSTONE ENGINEERING) Staff report was waived. Since' this matter was not advertised properly, this item was resched- uled for the~January 10, 1991 meeting. Motion was made by Commissioner Anderson to continue this matter to the January 10, 1991 meeting. Motion was seconded by Commissioner Anthony, and carried. PUBLIC HEARING - TENTATIVE PARCEL MAP 9542 (MARTIN-McINTOSH) Staff report was waived. Applicant requested this item be continued to the january 24, 1991 meeting. Motlion was made by Commissioner Cohn t.o continue this hearing to the January 24, 1991 meeting. Motion was seconded by'Commissioner Marino, and carried. PUBLIC ~EARIN~ - TENTATIVE TRACT 5424 (SIMPSON-VANCUREN, INC.) Tentative ~tract 5424is located east of-the southerly alignment of Mountain Vista Drive, aPproximately one-quarter mile south of White Lane.. ~ Applicant proposed this as a phased tract for single family residential purposes containing 107 lots on 33.4 +/- acres, zoned R-1. This item was continued from the December 6th meeting and referred to the Parks Committee. On December 18, 1990, the Parks Committee met to discuss park access. The-committee was of the opinion that more local street access would increase parkingand access options and more ~ffectively serve the neighborhood. Minutes, P1/C 12/20/90 ~age 8 9 PUBLIC HEARING - TENTATIVE TRACT 5424 (SIMPSON-VANCUREN, INC.) (continued) Public hearing was opened. Mr. Jim Redstone with Simpson-VanCuren represented Community Construction, and made the following comment; where adding number XI.G to page 4 of 11 (committee's recommendation) to do the extension of Saddle Drives applicant requested that the Commission approve the orig- inal-plan as submitted thereby not making the change as recommended. Mr. Redstone furt-her stated that because of public safety concerns with the Polfce Department and Traffic he revised the tract which netted a ~loss of two lots from the original design. This Park Committee recom- mendation would eliminate another two lots for a total of four lots causing an economic impact to the developer that he doesn't care to shoulder. The realignment as indicated would also require off-settimg a knuckle that~would because of the constraints of the design provide for 8 enlarged lots Which would be much larger than needed for development. He also stated that to his understanding, the previous ~'es~gn is in conformance with the Park Ordinance that requires a mini- mum' of two streets fronting o~ those parks and they do have an addi- tional pedestrian window on the third street (Pebbles Dr-ive). Mr. Redstone made a request to delete the last sentence of Condition XIII.B.2, "Include this within the first phase of development." There being no others wishing to speak, public hearing was cl'osed. Commissioner~Anthony, Chairman of the Parks Committee commented to Mr. Redstone that the committee had hoped Co have some representation at the committee~meeting. He further commented the committee attempted to f~ind a reasonable compromise in terms 'of not impairing the design of t'he development by cutting out additional lots but they were concerned' about the availability of access to the park. Commissione~ Powers stated that'he had problems ~ith the configuration Of the park and the street frontage. He further stated that he would have liked to have seen Saddle Drive go all the way through, however he Would support the committee's report. Commissioner Marino commented that Lots 1, 2 and 3 have been approved as part of Tentative Tract 5414, and if the previous tract is built, what would happen to Lot 1. Mr. Hardisty'rePlied that this would have to be reflected in the previ- ous approval also. Commissioner Marino was in agreement that.~having those eight, lots bound on'four sides by street is poo% subdivision design. Minutes, P1/C, 12/20/90 9 PUBLIC HEA~ING - TENTATIVE TRACT 5424 (SIMPSON-VANCUREN, INC. ) Page 9 (continued) Motion was~made by Commfssiomer Powers to approve and ad?pt the NegativelDecl-ara~ion, to make all findings set forth-in'the staff report and approve proposed Tentative Tract 5424 subject to the conditions outlined in Exhibit "A"~wtth the following changes and additions; to include Lots 1, 2 and 3 of this tract in Tenta%ive Tract 5414, to change, page 3 of 11, XIII.B.2 and delete the following language, ~"~lude within first Phase of development"; Public Works - Page 2 of 11 (reword) V.B.8. Sufficient area for a turnaround at the southern most knuckle one"Saddle Drive."; Public Works - Page 4 of ll~(add) XI.G. Pursuant to parks Committee recommendations, Pebbles Drive shall be extended easgerly to Saddle Drive and be connected with a knuckle ~heading northerly. Design to obtain adequate separation of street centerlines at intersections shall be to the satisfaction of the Public Works Department; Planning condition #16 - Page 11 of 11 (add) 16) "Saddle Drive north of Campus Park Drive to the knuckle" to streets' needing to be renamed, and Planning condition #i7 -.Page 11 of 11 (add) 17) Prior'to,recordation, Subdivider shall construct a 6-foot high masonry wall along the property line between the park site. and adjacent residential development. Wall shall transition to four feet in.height to observe th~ front yard setback areas and be measured from highest grade. Security ~r bond, as approved by the City Attorney, may be a¢~c~pted in-lieu of actual construction. 'Motion was seconded by ~Commissioner Anthony., and carried. 10. PUBLIC HEARING - TENTATIVE TRACT 5418 (SEQUOIA ENGINEERING) Commissioner Mari~0 declared a conflict of interest. His employer owns _property within 300 feet of subject property. Tentative tract is g~enerally located on the northeast corner of Calloway Drive and Noriega Road alignment. Tentative~tract is proposed to be phased, and contains ~34 lots on 12'1.85 'acres, zoned M-1 Public hearing was opened. Mr. Bob S~itb of Sequoia Engineering was present and referred to the condition regarding the tract not to be recorded until relocation of the Calloway Canal~ Condition IX.B., page 4, and Planning Department Condition 1~6, page 10 of 10. He suggested that it be rewritten to read, "This tract ~sha~l not be recdrded prior to the signing of all easements and'agreements for the relocation of ~e Calloway Canal and procurement of funds for said relocation." Mr. Kloepper was amenable. Mr. Hardtsty indicated that Planning Department Condition 16 could be deleted. There°being~ no others wishing to speak, public hearing was cloSed~' Mintues, P1/C,~ 12/20/90 Page 10 10PUBLIC HEARING - TENTATIVE TRACT~ 5418 (SEQUOIA ENGINEERING) (continued) M~. Kloepper referred to Public Works Condition X. Street name and control ~signs, and suggested that a condition be added thai'reflects Planning Commission action on the equestrian/pedestrian trail. He gave the following verbiage, "C." The subdivider shall also pay for and install signs restricting wheeled vehicular use of the equestrian/pedestrian facility. Sign size, location, message to be approved by the City Engineer. Tamper proof fittings shall be ~utilized." Mr'. Smith was-in agreement. Motion was made by Commissioner Bjorn to approve and add'pt the Negative D~claration, to make all findings set forth in the staff report and to apprqve proposed Tentative Tract 5418 subject to the conditions out- .lined in Exhibit A of the staff report with the following additional changes; Public Works Condition X. add new paragraph "C" to read as follows, "The subdivider shall also pay for and install signs restrict- ing wheeled vehicular use of the equestrian/pedestrian facility. Sign size, location, message to be approved by the City Engineer. Tamper proof fittings shall be utilized.", Public Works C'ondition IX B. to read as follows, "The tract shall not be recorded prior to signing of all easements and agreements for the relocation of the Calloway Canal and procurement of funds for said relocation". Delete Planning Department Condition 16, page 10 of 10. Motion was Seconded.-by Commissioner Powers, and carried. 11. PUBLIC HEARING - TENTATIVE TRACT 5441 (PORTER-ROBERTSON) Commissioner Bjorn declared a Conflict of interest. One of the subdividers is a client of her lawfirm. Tentative_tract is generally l'ocated on the southeast corner of Jewetta Avenue and Noriega Road alignment. Applicant proposed to phase this single family subdivision. Tentative tract contains 346 lots on 107'acres. This site is a portion of the "Polo Grounds Annexation" area, which was annexed to the City on October 24, 1990. Public h~aring was opened. Mr. Fred Porter with Porter-Robertson Engineering represented Center Cal-Hinesley, and indicated he was amenable to the conditions listed in the staff report. There being no others wishing to speak, public hearing was closed. Minutes, P1/C, 12/20/90 Page 11 ll. TENTATIVE TRACT 5441 (PORTER-ROBERTSON) (continued) Mr. Kloepper recommende~ that the following condition be added as X. C. "The subdivider shall also pay for and install signs restricting wheeled vehicular use of the equestrian/pedestrian facility. Sign size, location, message to be approved by the City Engineer. Tamper prOof fittings .shall be utilized." ~ Mr. Porter was amenable. 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 Tentative Tract 5441 subject to the con- ditions outlined in Exhibit "A" of the staff report, with the addition of Condition X.C., "The subdivider shall also pay for and install signs restricting wheeled vehicular use of the equestrian/pedestrian facility. Sign size, location, message to be approved by the City Engineer. Tamper.proof fittings shall be utilized." Motion was seconded by Commissioner Frapwell, and carried. 12 PUBLIC HEARING - TENTATIVE TRACT 5456 (SEQUOIA ENGINEERING) Tenta_tive tract is located between Berkshire Road and Hosking Avenue approximately 1/4 mile east of South H Street, and contains 179 lots on 40.03 acres, zoned R-1. Public hearing was opened. Mr. Bob Smith with Sequoia Engineering was present, and referred to Condition 4, page 6 of 6, mineral rights owners signatures indicating at their request, it was deleted. .Mr. Smith.indicat'ed.theY would like some discussion on the timing of the' acquisition for the reServation of the park site since funds would most likely not be acquired from future development. Mr. Hardisty replied that the city did have to buy the first part of it, and felt there was sufficient opportunity for development in the' area to be served by the park to generate the funds for the purchase of the reserve portion, and the portion that the city asked to be reserved is laid out so that it could easily be adapted to futuce -divisions of land. Chairperson Rosenlieb encouraged the city to recognize that it is at that point considered to be an in-fill development. Mr. Smith requested that a time frame-be tied down' at this time. Mrs. Victoria Delfino stated she would like to see this park plan acquisition as soon as possible. There beidg no others wishing to speak, public hea~ing was closed. Minutes, FI/C, 12/20/9.0 Page 12 12. TENTATIVE TRACT 5456 (SEQUOIA ENGINEERING) (continued) Commissioner Marino commented that children walking to school have to walk in Akers Road to keep'out of the mud, and asked Mr. smith if he would_agree to submitting a street right-of-way deed for just that lit- tle segment of Akers that would allow the city at a future date to put a sidewalk through that portion of the-land to get the kids out of the street. Mr. Smith replied that the landowner has no problem in doing that. Motion was made by Commissioner Powers to approve and adopt the Negative Declarati0n,-to make the findings set forth in the Staff Report And to approve proposed Tentative Tract 5456 s. ubject to the con- ditions outlined in Exhibit A of the staff report. Motion was seconded by Commissioner Marino, and carried. Motion'was made by Commissioner Powers to approve the modification to' allow a reduct.ion in lot width from 60 feet to 56 feet. Motion was 'S~conded by Commissioner Marino, and carried. 13. PUBLIC HEARING - ~TENTATIVE TRACT 5462 (ALTA ENGINEERING) Tentative tract is located between Berkshire Road and Hosking Avenue appr0ximat~ly 1/4 mile east of South H Street, and contains 179 lots on 40.03 acres,.zoned R-1. The project is proposed to be phased. Public hearing was opened. Mr. Wiley Hughes with Alta Engineering/Hughes Surveying was present. When asked by Chairperson Rosenlieb as to his approval of the conditions, Mr. Hughes referred to drainage condition, and asked who was-responsible for location of the central sump and the storm drain. Mr.. K10epper replied that Public Works plays a central roll in estab- lishing planned drainage areas and approving locations of sump sites and the improvements that go along With ~that. Mr. Hughes referred to Condition 3.A.1, and asked about cost. Mr ' Kloepper replied that has not been determined at this time. Mr. Hughes.referred to Condition V.G., and indicated that Seacliff has 60 feetl for most of its length, about 150 feet of it is in transition from 60 to 52 feet and the last 100 feet'or so is 52-foot alignment, and on San Joaquin it is proposed on the drawing to be 52 feet, and asked that it be left the way it is shown on the drawing. Mr. Kloepper replied that staff has determined that the extension of Seacliff and into San Joaquin cul-de-sac does not conform to'the stan- dard allowing 52-foOt right-of-way because ~t is a straight alignment. Minutes, P1/C,~12/20/90 ·Page 13 13.. TENTATIVE TRACT 5462' (ALTA ENGINEERING) (continued). Mr. Hughes'referred to page 3, Condition 8.E.1 and asked for C~ariftcation as to whether that means R-values~ Mr..Kloepper repl~ed it did. There being no others Wishing to speak, public hearing was closed. Motion was made by'Commissioner Anderson to approve and adopt the ~ Negative DeClaration, to make the findings set forth in the staff report and to approve proposed Tentative Tract 5462 subject to the con- ditions OUtlined in Exhibit A of the staff report. Motion was seconded ~ by Commissioner Cohn, and carried. 14. PUBLIC HEARING - CONSIDERATION OF ANNEXATION OF SAID PROPERTY LOCATED SOUTH OF PACHECO ROAD TO FAITH AVENUE AND WEST OF SOUTH "H" STREET KNOWN. AS PACHECO NO. 10 ANNEXATION ~Project proposal consists of 32~67 +/- acres and is generally located south of Pacheco Road to Faith Avenue and west of South "H" Street. Public'hearing Was opened.. There being no one present to speak either in favOr, or opposition, public hearing was closed. Motion was made by Commissioner Marino to adopt resolution making find- ings apProving the Negative Declarafion and recommend same to City Council. Motion was seconded by Commissioner Cohn, and carried by the following roll call vote: AYES: Commissioners Marino, Anderson, Anthony, Bjorn, Cohn, ~Powers, Rosenlieb NOES: N°ne] Motion was made by Commissioner Marino to adopt a resolution with required findings approving the proposed Pacheco No. 10 Annexation and recommend same to City Council. Motion was seconded by-Commissioner ~Cohn, and carried by the following roll call vote: AYES: Commissioners Marino, Anderson, Anthony, Bjorn, Cohn, Powers, Rosenlieb NoEs: None~ A TWENTY-MINUTE' RECESS WAS TAKEN. Minutes, P1/.C, 12/20/90 15. GENERAL PLAN AMENDMENTS 4-90 AND ZONE CHANGES Page 14 SEGMENT I & ZONE CHANGE #5090: DEWALT CORPORATION Request for amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan from Low Density Residential (LR) to General Commerc.ial (GC) on 5 +/- acres located at the northwest corner of Miramonte Drive and Highway 178. ~.Applicant requested these hearings be continued to the next general plan amendment cycle. Motion was made by Commissioner Cohn to continue these hearings to the next general plan amendment cycle. Motion was seconded by 'Commissioner Powers, and carried. Commissioner Marino abstained. 16. SEGMENT III & ZONE CHANGE 5092: SEQUOIA ENGINEERING (Agent for Calloway Associates) Commissioner~ Marino declared a'conflict of interest on items 3A, 3B and 3C, his employer is representing the property owner. Applicant requested changing land use designations from GC (General Commercial) to LR (Low Density Residential on 8 +/- acres, from LR (Low Density Residential) to HMR (High Medium Density Residential) on 10.4 +/- acres and from LR to GC on 3 +/- acres for properties located at the southeast corner of Jewetta Avenue and Reina Road (proposed) and south of Olive Drive (proposed) between Calloway Drive and Reina-Road. Ail three project-site are located within the boundaries of the "Polo Grounds" annexation. Public hearing was opened. In 'regard to staff's recommendation on the request for multi-family, Mr. Bob Smith with Sequoia Engineering submitted a letter on October 11, 1990 indicating that the approval of the 10.4 acre HMR site would not increase the residential density of the project. The~e being no others wishing to speak, public hearing was closed. Chairperson Rosenlieb stated she was appreciative of applicant's request and concerns .but indicated her support of staff's recommendation on this issue. Multi-family was n~ver a part of the Polo Grounds consideration. Minutes, P1/C, 12/20/90 Page 15 16. SEGMENT III & ZONE cHANGE 5092: SEQUOIA ENGINEERING (continued) Motion was made by Commissioner Cohn to adopt resolution making ~findings, approving the Negative Declaration, and denying the Low Density Residential to High Medium Density Residential amendment requests, and approving the requested General Commercial to Low Density Residential to General Commercial amendments, subject to the conditions ~of approval listed in Exhibit "A'~ of the staff report, and recommend same to the City Council. Motion was seconded by Commissioner Powers, and carried by the following roll call vo~e: AYES: NOES: Commissioners Anderson, Anthony, Bjorn, Cohn, Powers, Rosenlieb, Frapwell None ABSTAINED: Commissioner ~arino Motion was made by Commissioner Cohn to adopt resolution making findings', approving the Negative Declaration, and denying the R-2 (Limited Multiple Family Dwelling) Zone Change request, and approving the requested C-1 (Limited Commercial) to R-1 and the R-1 to C-1 zone change requests subject to the conditions of approval listed in Exhibit "A", and recommend same to the City Council. Motion was seconded by Commissioner Powers, and carried by the following roil'call vote: · ~YES: Commissioners Anderson, Anthony, Bjorn, Cohn, Powers, Rosenlieb, Frapwell NOES: None ABSTAINED: Commissioner Marino 17. PUBLIC HEARING - TENTATIVE TRACT 5419 (DEWALT CORPORATION) Tentative tract is located on the Southeast corner of Jewetta Avenue and the Reina Road alignment. Proposed phased tract contains 90 lots on 39.01 acres, zoned R-1 and C-1. Public hearing was Opened. Mr. Dennis ·DeWalt of DeWalt Corporation represented the owner/subdivider Kyle Carter. Mr. DeWalt referred to Condition V.D, page 2 of 10, and requested the following rewording, "the minimum right-of-way for all cul-de-sac streets with the exception of Danbury Court shall be 52 feet. Mr. Kloepper commented that it should read, "the minimum right-of-way widths for local streets shall be 60 feet unless a 52-foot width is permitted for short c6l-de-sacs in accordanCe with standards now in effect." Minutes, P1/C, 12/20/90 Page 16 17. TENTATIVE TRACT 5419 (DEWALT CORPORATION) (continued) Mr. DeWalt referred to Condition VIII.A and stated it should be reworded as above. Mr. Kloepper was in agreement. Mr. DeWalt referred to Fire Safety Control memo dated November 15th, page'7 of 10 and indicated-that the words "250 feet" should be stricken. Chairperson Rosenlieb indicated that had already been taken Care of. Mr.. DeWalt referred to sewer connection fees condition', and asked if the word connection shouldlbe deleted. Mr. Kloepper replied that should be eliminated. Mr. Hardisty~stated that-property is in the polo grounds and would be effected by the condition that Mr. Kloepper had suggested earlier hav- ing to do with subdivider responsible for installing signs restricting the use of the trails. Mr. DeWalt was amenable. Therebeing no others wishing to speak, public'hearing was closed. Motion.was made by Commissioner Bjorn to approve and adopt the Negative Declaration, to make all findings set forth in Exhibit "B" and approve proposed Tentative Tract 5419 Phase I, subject to the conditions out- lined in Exhibit A of the staff report with the following revisions, Public Works Condition IIIA.3. shall read, "pay to the city, sewer fees", etc., V.D. shall readlas follows; "The minimum right-of-way widths for local streets shall be 60 feet unless a 52 foot width is permitted for sho~t cul-de-sacs in accordance with standards now in effect". Publfc Works Condition VIII.A shall read as follows; "The minimum flow line to fIow line widths of the local streets shall be 40 feet unless a 36 foot width for the short cul-de-sacs is permitted in accordance with standards now in effect." Page 7 of 10, Fire Safety Control condition~ confirm that Condition 1.b, the words, "within ~250 feet" be eliminated, and a new Public Works Condition iO.C shall read as follows, "The subdivider shall also pay for and install signs restricting wheeled vehicular use of the equestrian/pedestrian facilities. Sign size~ location and message to be approved by the City Engineer. Tamper proof fittings shall be utilized." Motion was seconded by Commissioner Powers, and carried. Minutes, P1/C, 12/20/90 Page 17 18.SEGMENT IV~& -zoNE CHANGE 5093, RENFRO NO. 2 ANNEXATION AND ACQUISITION '~OF RIGHT-OF-WAY CONSISTENT WITH THE GENERAL PLAN - JTM COMPANY ~Commissioner Powers declared a financial conflict Of interest. business with owners within the annexation property. -He does Proposed general plan amendment consists of a change from R-IA TO LR, HR and. GC. The proposal includes a church on ten acres with an associated 12-unit 'aPartment complex, two commercial areas on 12.5 and 2 acres. Public hea~ing was opened. Mr. Dav~ Merritt,. 340 Renfro Road spoke in opposition to the project citing this Would be poor planning. Mr. John Parson. a~ked that an environmental impact be made on the pro- posed project. Mr. Dave Oreolt, resident of Harvest Moon Estates spoke in opposition to the rezoning of subject property. MS. Betty Jane Tornstrom, 14812 Sunny Bank Avenue, Vice President of the St. Clair Rancho Water District spoke in opposition to the project. Mrs. Jane Oreolt, resident~of Harvest Moon Estates spoke in opposition on behalf of the.endangered species and urged the Commission to deny approval of any zone changes that could lead to the disturbance that could lead to the disturbance or destruction of this habitat, and requested an EIR. Mr. Lou Frassinelli, spoke in opposition indicating they would be los- ing the-rural environment they so much love. Mr. Paul Bailey, 601 Pinto spoke in opposition to the zone change. Mr. Glenn Myers, 1051 Heath Road spoke in Opposition to the zone change. Ms. Gerrie Moffett represented Keep It Country spoke in Opposition. Mr. John Sarad represented JTM Company urged that the planning process go on, that staff's recommendation be adopted and together work to try and mitigate any impacts that this might have on the residents way of life. Mr. Sarad indicated he was amenable to staff's conditions. Mr. Lawton Powers spoke in favor of this project. There being no others wishing to-speak, public hearing was closed. Minutes, P1/c, 12/20/90 Page 18 18. SEGMENT IV & ZONE CHANGE 5093, RENFRO NO. 2 ANNEXATION AND ACQUISITION OF RIGHT-OF-WAY CONSISTENT WI-TH THE GENERAL PLAN - JTM COMPANY (continued) Chairperson Rosenlieb commented this project will be setting a p~ecedent for how all of-the projects will be dealt with in the' Rosedale area. She also commented that this development is completely out of sync with what the surrounding area has developed as. She fur- ther commented that the multi-family is unacceptable. A church site at that location is alright but wondered if in R-1 with a CH overlay would be more compatible if the church wanted to add senior units, a condi- tional use permit would be available. She expected a tier of single family on the northern portion that would be a buffer to the existing residences on the n~rth. She had no problem with the neighborhood commercial. Commissioner Marino commented that the issue of an EIR kept coming up and indicated that about a year ago an EIR was adopted for the Metropolitan Bakersfield area. In that EIR it identified a lot of the more general concerns that were raised but it didn'~t get down to the specifics. He also informed the audience that before this piece of property is annexed ~nto the city, if approved, there will be an adopted EIR and a habitat conservation plan in place. He noted that the Rosedale Plan that' is under review by the county is under review the county, the city has no input. He commented that he would like to see this annexed and developed in the city and developed~on sewers with Johnson Road as a significant buffer and the 10,000 square feet lots on the south side of Johnson as being adequate. Commissioner Cohn commented that at some point the residents will get caught up by the development. He stated he was not comfortable with the negative declaration and questioned whether the developer should go through an EIR, whether this is a wait and see situation regarding the Rosedale Plan, and whether that plan will be adequate to address all concerns. He also stated he did not see a need to bring these people into the city at this time. Commissioner Anderson cOmmented he did not see a need to get in to big of a hurry. He also suggested th{s be sent to committee for further review and study. Commissioner Bjorn commented she was not in favor of the apartment location but had ~no problems with the commercial designation to th~ south'of'the frceway. She also wished to send this to committee. Commissioner FraPWell commented that the EIR was his prime concern along with the freeway situation, and favored sending this to committee. Commissioner Anthony agreed that this should be sent to committee. Minute's, Pi~C, .!2/20/90 Page 19 18. SEGMENT IV & ~ZONE CHANGE 5093, RENFRO NO. 2 ANNEXATION AND ACQUISITION OF RIGHT-OF-WAY CONSISTENT WITH THE GENERAL PLAN - JTM COMPANY (continued) Motion was made by Commissioner Marino to continue this hearing to January 24~ 1991, and refer it to the General Plan Committee. Commissioner Bjorn asked that a representative of the group that spoke be present at the committee meeting. Commissioner Marino restated his motion to continue this hearing to the January 24, 1991 meeting, and refer it to the General Plan Committee with the intent to first meet with the committee and then schedule an evening meeting with the neighbors. Motion was seconded by Commissioner Anderson, and carried. 19. GENERAL-PLAN-AMENDMENT 4-90,-.SEGMENT V Project proposal consists of an amendment changing the land use desig- nations from LR to HMR on 14,250 square feet and from HMR to LR on 30,000 square feet. This p.roposal 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. Public hearing was opened. There being no one present wishing to speak either in favor or opposition, public hearing was closed. Commissioner Marino commented that he would like to change the zone from R-3 to R-1 and continue the general plan hearing. Motion was made by Commissioner Marino to continue this hearing to.the January 24, 1991 meeting and directed staff to change the zone concur- rently with the general plan amendment. Motion was seconded by Commissioner Powers, and carried. 20. GENERAL PLAN CONSISTENCY FINDING - ABANDONMENT OF 5 FEET OF THE 10 FOOT WIDE. PUBLIC UTILITIES EASEMENTS IN TRACT 5033-2 (DEWALT CORPORATION) COmmissioner Marino abstained. He is employed by the applicant. Applicant requested that the 10 foot wide public utilities easements in Lots 10,' 16, 24 and 30 in'said tract be diminished to 5 feet in width. Tract No. '5033-2 is located at the southeast corner of Hageman Road and Calloway Drive. Motion was made by Commissioner And&rson pursuant to Government Code Section 65402 to find the abahdonment of 5 feet of the 10 foot wide public utilities-easements in tract No. 5033-2, is consistent with the Metropolitan Bakersfield 2010 Gener.al Plan and report same to the City 'COuncil. Motion was seconded by Commissioner Frapwel!, and carried. Minutes,'.P1/C, 12~20/90 Page 20 21. GENERAL PLAN coNSISTENCY FINDING - PROPOSED ELEMENTARY .SCHOOL SITE (PANAMA-BUENA VISTA UNION SCHOOL DISTRICT) The Panama-Buena Vista Union School District requested consistency finding for a proposed elementary school site located within Section 6 of the Oceanic~development project (Sections 6 and 7), more specifi- Cally the site is located.along the southerly side of the Kern River Canal and the northerlY side of Paseo Vista Boulevard (proposed) between Arrington Drive and Rosslyn Lane. Motion was made by Commissioner Cohn to find the proposed elementary school Site consistent with the Metropolitan Bakersfield 2010 General Plan as to its~location, purpose and extent as required by Government Code Section 65402(c). Motion was seconded by Commissioner.Powers, and carried. ~22. AGENDA ITEM ll.A was withdrawn from the agenda. 23. WRITTEN COMMUNICATION ChairpersOn Rosenlieb indicated she received communication from Mr. Dennis Fox whi~ch she submitted to staff for review and their input. 24 COMMISSIoN cOMMENTS- Commissioner Anderson asked that copies of maps be made clearer so they are easier to read. Chairperson~Rosenliebasked about landscaping of the median islands. Commissioner Marino commented that these standards are adopted by the Public Works Director_, the Commission takes no action only a referral to Council for their information. Commissioner Powers commented he was pleased with the standards as propOsed. Chairperson Rosen~ieb 'commented she wanted to see some more regulation on the turf. CommiSsioner Cohn·gave a brief report on the meeting of the Zoning Ordinance Committee on R-l, R-S, and PUD ordinances. Chairperson Rosenlieb asked about a workshop with the EDC. Mr. Hardisty stated the workshop has been scheduled for the February Commissioner Anderson requested that the sign committee meet for the purpose of reviewing the ordinance in general. Minutes, P1/C, 112/20/90 24. COMMISSION COMMENTS (continued) Commissioner Powers requested an update on the R-1 zoning issue. Principal Planner Gauthier indicated that the E (Estate, 10,000 square foot minimum 10t size) zone will go to Commission On January 24, 1991. commissioner Powers requested that the Bike/Pedestrian Ways and Trails committee schedule a meeting. 25. ADJOURNMENT There being no further business to come before Commission, meeting was adjourned at 11:20 p.m. Page 21 Isabel Williams, ~Sec~ary