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HomeMy WebLinkAbout12/06/90MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, December 6, 1990, 5:30 p.m., City Council Chamber, City Hal!, 1501. Truxtun Avenue, Bakersfield, California. 1. ROLL CALL- COMMISSIONERS: Present: KATE~ ROSENLIEB, Chairperson JIM MARINO, Vice Chairperson *STEVE ANDERSON OSCAR ANTHONY DAVID COHN DARREN POWERS Absent: TERI BJORN 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 MINUTES OF THE REGULAR MEETINGS HELD OCTOBER 18TH .AND NOVEMBER 1, 1990 Commissioner Marino r'eferred to Page 11 of the November 1st minutes, general plan consistency and indicated that the motion did not reflect there was a second to the motion, and that it carried. Motion was made by Commissioner Powers to approve the minutes of October 18th and November 1st as amended. Motion was seconded by Commissioner Marino, and carried. 3. WALL AND LANDSCAPE CONCEPT PLAN - TENTATIVE TRACT 5369 (PORTER-ROBERTSON) The tract is a residential subdivision containing 39 lots on 20 acres ~generally located on the south side of Pacheco Road and the east side of Monitor Street. *CQmmissioner Anderson was seated. Mr. Ralph Adame, landscape architect on the project was present and clarified Condition 4 of the memorandum dated November 29th regarding the short wall~ indicating that on the corner of Monitor and Pacheco the three foot wall only extends 75 feet in each direction from that corner. Mr. Kloepper agreed that the short wall is not necessary as-long as the slopes conform to the standards in the standard book. Minutes, P1/C, 12/6/90 3. WALL AND LANDSCAPE CONCEPT PLAN - TENTATIVE TRACT 5369 (PORTER-ROBERTSON) (continued) Page 2 Mr. Ken Trone of the Parks Department informed Commission that Mr. Adame was not_aware of the condition on the November 29th memo indicat- ing that Mr. Adame had no problem with replacing Condition 1 on the November 29th memo in'place of Condition 4 of the November 27th memo. Chairperson Rosenlieb asked for clarification of the term "shaped cap". Mr. Kloepper replied that generally a contrasting cap means some kind of masonry cap, and suggested that a condition indicating that some kind of manufactured cap unit rather than shaped on the job. He also indicated ~h~t he had no objection to Parks Department Condition 1 for Public Works condition 4. Mr. Adame was amenable to the condition of the manufactured cap. Motion was made.by Commissioner Marino to approve the wall and land- scape concept plan for Tentative Tract 5369 with conditions attached in Exhibit A containing memoranda from Public Works, Parks and Planning Department~with the following changes; that the cap shall be a manufac- tured cap and that Condition 4 of the November 27th memo from the Public Works Department shall be replaced with Condition 1 of the Parks Department memorandum dated November 29th. Motion was seconded by Commissioner Powers, and carried. 4. PUBLIC HEARING r COMPREHENSIVE WALL AND LANDSCAPING PLAN AND EQUESTRIAN TRAIL MASTER PLAN Commissioner Marino declared a conflict of'interest. His employer owns property within the Polo Grounds and may be affected by the trail system. Subject property is approximately 1,556.5 acres located east of Jewetta Avenue, south of Snow Road, west of Calloway Drive and north of Hageman Road including the southern half of Section 13, Township 29 South, Range 26'East. This matter was continued from the November 1st meeting to address con- cerns by staff .and review a new plan proposal by the applicant. At the November 15th meeting issues raised included the extent of equestrian trails, maintenance costs,~ privacy of R-1 lots, exploring potential linkage to an area-wide equestrian trail and the request by Planning Commission to give notice of this hearing. The Trails Committee met on November 19th with staff and the project applicant. Discussion took place regarding the overall Polo Grounds concept and area-wide equestrian trail. Public bearing was opened. Ms. Jeri MOffatt representative for "Keep It Country, spoke in favor of 'the polo grounds and equestrian trail. Minutes, Pi/C,' 1~J6/90 Page 3 4. PUBLIC HEARING - COMPREHENSIVE WALL AND LANDSCAPING PLAN AND EQUESTRIAN TRAIL MASTER PLAN Mr. Bob Smith of Sequoia Engineering was present and was amenable to the conditions listed in the staff report. There being no others wishing to speak, public hearing was closed. Chairperson. Rosenlieb was in agreement with the committee and Ms. Moffatt that privacy is no-t an issue on the trail. She also indicated that she met with the applioant and stated that her concern continues to be that whatever an amenity might be in a project, the zoning in this project preCludes the people who will ultimately be living in this project from using those trails, however the people that live in the county were promised a trail but it is borderline absurd to expect people in that project to pay for this trail when they can't use it. The applicant felt that the city residents could use it as a jogging trail. Chairperson Rosenlieb further stated that she made a call to another community with horse trails and it was their opinion that jog- gers and horses do not mix,'therefore she would not be able to support this trail~ and in looking at the Ordinance passed by Council, it does state that a three foot high split rail wood fence or equivalent sepa- rat_ion as approved by the City shall be erected on either side of all on-site horse trails. It was her understanding that this particular proposal fails to do that. She quoted a paragraph from the ordinance regarding a greenbelt and bikeway system indicating that the applicants have failed to p~ovide for that issue as well. Commissioner Cohn asked Chairperson Rosenlieb if she proposes a total -- elimination ~f the trail system because it is not benefiting the people who are u%timately having to pay for it~ and if so, would she propose putting this ~hrough another general plan amendment to reflect what the appli~cants want to do. ~hairperson Rosenlieb replied yes. Commissioner Powers Spoke in favor of the trail system. Discussion took plaqe regarding sending this back for general plan amendment. Chai'rperson Rosenlieb recognized M~ke Mason. Mr. Mason pointe~ out that this is a special project with planned equestrian trails regardless of whether there is a polo grounds, sta- bles or anything else there. He felt that whatever the annual fee is on that trail is a very small price for the people that will ultimately live there. He also stated that if they are directed to take this back through general plan amendment, it may come back that there is no polo grounds, there is no stadium, there are no stables and there are no trails and everyone would lose in that instance. Minutes,- P1/C, 12/6/90 . Page 4 4.b PUBLIC HEARING - COMPREHENSIVE WALL AND LANDSCAPING PLAN AND EQUESTRIAN TRAIL ~MASTER PLAN (continued) Commissioner Anderson indicated that he would like to explore the possibility of a dual use and the potential liabilities of mixing jog- gers and people on horses, and did not want to approve this without having some certainty and input from staff after additional study. Chairperson Rosenlieb was in agreement with. Commissioner Anderson's comments. Mr. Earl Gibbons With the Karpe office indicated they do not object to going back to committee and taking time, however they did not want to go through general plan amendment. ~Commiss~oner Powers asked about a workshop to discuss this matter, and .further'~commented that~he is in support of the trails system and the committee report and would be in favor of approving it'this evening, and in listening to Commission, the thought of a workshop would be 'helpful. ~- Chairperson Rosenlieb~asked for Planning Director Hardisty's comment on creating an amenity that is going to be paid for by the project residents. Mr. Hardisty replied that the trail would be used to achieve a degree of compatibility and fit with the overall neighborhood~ Motion was made by Commissioner Anderson to refer this to a special workshop~comprised of the entire Commission to discuss the matter fur- ther and requested that City staff address some of the issues addressed with regards to safety, separation, maintenance of the trail with regards to depth of granite, cleanup, etc., and brought back to the full Commission on December 20th. Co~missioner.Cohn told the applicants that during .the special meeting, if they are in a position to tell the Commission their intentions with respect to a general plan amendment of the polo grounds,~ stadium, etc., it would make it e~sier for the Commission to make a decision. .Motion was'seconded by Commissioner Anthony, and carried. Minutes, P1/C, 12/6/90 ~.~ 5. PUBLIC HEARING - SITE PLAN REVIEW 54-90-A (BRUCE KEITH) Page 5 Applicant requested site plan review for addition to an-existing church/school in an' R-l-CH zone located at the southeast corner of Mt. Vernon Avenue and Bernard Street. Public hearing was opened. Mr. Bruce Keith wasi present and amenable to the conditions listed in the staff report. The~e being no others wishing to speak, public hearing was closed. Motion was made by .Commissioner Anthony to approve Site Plan Review 54-90UA subject to the conditions in Exhibit "A" of the-staff report, and the following: Provide landscaping and irrigation to that portion of the Bernard-Street frontage beginning at the westerly- -most property line and continuing easterly to the top of the landing of the stairs going down to the multi- purpose building. Said landscaPing and irrigation shall~be approved by the Planning Director prior to installation. Motion was seconded by Commissioner Powers, and carried. 6. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE ~RACT 5084 (DEWALT CORPORATION) Commissioner Marino declared a conflict of interest. He is employed by the applicant. Staff report was-waived. Publici hearing was opened. Request was made by staff to.continue this hearing to the' January 24, 1-991 meeting. Motion was made by Commissioner Powers to continue this hearing to the January 24, 1991 meeting. Motion was seconded by Commissioner Anthony, and carried. PUBLIC HEARING -. TENTATIVE TRACT 4957 (SEQUOIA ENGINEERING, INC.) Chairperson Rosenlieb waived the staff report. ~Public hearing was opened. Motion was made, by Commissioner Powers to continue this hearing to the DecemberS20, 1990 m~eting.- Motion was seconded by Commissioner Anthony, and carried. Minutes, P1/C, 12/6/90 8. PUBLIC HEARING '--P~RCEL MAP 9542 (MARTIN-McINTOSH) Page 6 The staff report was'waived by Chairperson Rosenlieb. Staff requested this item be continued because of misadvertisment. Commissioner Anderson declared a financial conflict of interest. Public hearing was opened. Motion was made by Commissioner Cohn to continue this hearing to the December 20, 1990 meeting. Motion was seconded by Commissioner Anthony, and carried. 9. PUBLIC HEARING - TENTATIVE TRACT 5445 (DEWALT CORPORATION) C0mmisston~r Marino declared a conflict of interest. He is employed by DeWalt Corporation. Staff report was waived. Public hearing was opened. Motion was made by Commissioner Powers to continue this hearing to the January 24, 19791 meeting. Motion was seconded by Commissioner Anthony, and carried. 10~ PUBLIC HEARING - TENTATIVE TRACT 5221 (MARTIN-McINTOSH) Commissioner Anderson declared a conflict of interest. His firm has provided services for the applicant within the last twelve months. Tentative tract is located east of Buena Vista Road approximately 1/4 mile north of White Lane, and contains 31 lots on 16.83 acres, zoned R-1.. Public he~ring was opened. Mr. Roger ~McIntosh with Martin-McIntosh Engineering represented Castle a6d Cook Corporation. Mr. McIntosh referred to Public Works Condition 2, sewer service and proposed that the condition be rewritten to state, "the subdivider .shall extend sewer service to the subdivision to serve each lot in the subdivision~. Mr. Kloepper, Assistant Public Works Director was amenable subject to approval of the Public Works Director. Mr 'McIntosh addressed Condition IX c, and requested that the following phrase~be add~d,' "if Golden Empire Transit does not respond within 30 days of receipt of certified mail requesting requirements, this condi- ~ tion shall be. deemed to be met." ~ Mr.'Kloeppe? was in concurrence. Minutes, Pll/C, 12/6/90 Page 7 10.PUBLIC HEARING.'- TENTATIVE TRACT 5221 (I~RTIN-McINTOSH) (continued) Commissioner Cohn asked that response time be changed to 60 days. Mr Mclntosh was amenable. ' 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 the findings set forth in the staff report and to approve proposed Tentative Tract 5221 subject to the con- ditions outlined, in the attached Exhibit "A" of the staff report with the f°llowing~changes; Public WorKs Condition 2 will be changed to read, "the subdivider shall extend sewer service to the subdivision to 'Serve each lot in the subdivision subject to approval of the Public Works Director", Public Works Condition IXc, Traffic add the following sentence, "If-Golden Empire Transit does not respond within 60 days of receipt of certi~fied mail notification, this condition will be deemed to'be met'."- Motion was seconded bY Commissioner Powers, and carried. TENTATIVE TRACTS 54~4 AND 5424 (SIMPSON-VANCUREN, INC.) WERE HEARD CONCURRENTLY EVEN~THOUGH THEY ARE TWO SEPARATE ISSUES. 11.. PUBLIC HEARING - TENTATIVE TRACT 5414 (SIMPSON-VANCUREN, INC.) Tentative tract~ is located east 'of the southerly extension of Saddle Drive, west of' the BUena ViSta Canal, approximately one-quarter mile south of White Lane, and contains 131 lots on 36 +/- acres, zoned R-1.~ PUBLIC HEARING TENTATIVE TRACT 5424 (SIMPSON-VANCUREN, INC.) Tentative tract is located on the north side of Campus Park Drive alignment, west-of Saddle Drive alignment, and contains 107 lots on 38.4 acres, zoned R-1. Public hearing was opened. Mr. Jim Redstone with Simpson-Vancuren stated that it was suggested that he go on record as giving as much information that they are sure of as possible.. LotB 2 and 3'in Tract 5424 should be include within the first 'phase boundary of Tract 5414 sJ~n6e the conditions require complete improvement of that piece of road, (Saddle Drive) which would give the completed frontage to accommodate water and sewer laterals. Mr. Hardisty was in agreement. Mr. Redstone also stated that Lots 1 and 2 of Tract 5414 are now ori- ented north-and south which necessitates an access restriction, there- fore they would 'tike'to orient.those east and west so that they would be-fronting Saddle Drive to keep them consistent with the lots across the street in Tract 5424, thereby allowing the use of the same entry ~treatment Mr. Hardisty felt that it would-be appropriate. Minutes,.Pi/C~ 12/6/90 Pag& 8 11. PUBLIC HEARING - TENTATIVE TRACTS 5414 AND 5424 (SIMPSON-VANCUREN, INC.) (continued)' Mr. Redstone referred to Public Works Conditions 8.B3, 'Page 2 of 10, Tract 5414, and page 3 of 11 on Tract 5424 indicating that for informa- tional purpose the requirement of Mountain Vista Drive improvements f~om Campus Park to White Lane has been bonded for comple~ion and should shortly be completed. Page 2 of 10, Tract 5414, indicates 'that Campus Park Drive to White Lane shall be constructed with curb, gutter and sidewalk,'and asked that the phrase, "Include this within the first'phase of development'~ be eliminated since they feel they can work with Public Works to' accomplish what is really intended. Mr. Kloepper agreed further stating they don't want streets constructed before the need for streets exists. Mr. Redstone referred to Building Department Condition, pag~ 5 of 10, Tract 5414, and page 5 of 11 of Tract 5424, "occupancy will not be per- mitted on any lot until all required improvements have been accepted by the City of Bakersfield, and requested that the wording be changed, "that occupancy will not be permitted on any .lot until bonded for or required improvements have been accepted pursuant to tlie.approval of the Building Department. Mr. Kloepper stated that Mr. Redstone referred to a condition that does appear in the Building Department's staff report but is also a 'miscellaneous condition of the Public Works Conditions, and it is rec- ommended that all improvements be completed and accepted prior to occu- pancy of any structure in any tract at least within the phase that that lot is located and the improvements required wit.b that phase must be completed and accepted. It has been a rather firm policy of the Public Works Department to avoid many problems that were formerly experienced under the former proposed condition. There being no others wishing to speak, public h~aring was closed. Commissioner Anderson asked about the park size and site the Council a-greed on.--~ Mr. Hardisty replied that the Council determined that the park site was the appropriate.size and approximate location. 'Commis'sioner Anderson asked how t~e in lieu' fees were going to be used. Mr. Ha~disty stated that it would be his recommendation to use those fees towards the development of 'a more complete park to the south. Commissioner Cohn. stated that he would not be in favor of this tract because it does not comply with the original agreement nor does it meet the standards set forth in the general plan amendment. Minutes, P1/C, 12/6/90 Page 9 11 PUBLIC HEARING - TENTATIVE TRACTS 5414 AND 5424 (SIMPSON-VANCUREN, INC.) (continued) Commissioner Powers stated his support of Tentative Tract 5414, however Tract 5424, he had a problem with design of the tract and access to the park a~d would like to see this tract referred to the Parks Committee for further study. Chairperson Rosenlieb was' in concurrence with Commissioner Cohn, and added that when the 10-acre turn-key park was proposed, in ret~urn some under-sized lots were approved by the Planning 'Commission as a trade- off, and also added that when the developer no longer felt a deal existed was when their partnership deteriorated, and was ended. Commissioner Anderson asked for Mr. Hardisty's opinion as to whether this is orJis not in compliance with the general plan. Mr. Hardisty replied that the City Council found that it was in compli- ance with .the general plan when they considered the issue. If it were not for that history, it would be suggested that a compliance with the · general plan would call for a six acre park developed for this property and would be' accomplished through the imposition of standard conditions of approval having to do with dedication of land and payment of fees. -Howevers this particular property would only be obliged to contribute 3 1/2 acres of that'obligation. ~Commissioner Marino Wished to go on record as fully supporting what the Council did, it is a lot easier to get the dirt now and figure out how to'develop it later than to get a 3 1/2 acre developed park site. At the time they made this agreement and waived the fees, the fees were not in effect. He.further stated that this person dedicated more land than he was required to do and in exchange he was exempted from fees which at the time were not in effect. He had no problem with the size of the park nor any problem with the consistency finding, considering the fact that a mini park is 2 1/2 acres of usable land. Commission'er Powers concurred with Commiss%oner Marino's comments and urged the Commission go move forward on this and supported approving Tentative Tract 5414 and sending Tentative Tract 5424 to the Parks Committee for further study on the park site. Motion was made ~by Commissioner Powers to approve and adop~ the Negative Declaration, to make all findings set forth in the staff report and to approve the proposed Tentative Tract 5414 subject to con- ~ditions outlined in Exhibit "A" of the staff report with the following changes: To include lots 1, 2 and 3 of Tentative Tract 5424 and the Phase 1 Of Tentative Tract 5414. Public Works CoDdition, Lots 1 and 2 of Tentative '- Tract 5414 will be oriented east and west of Phase 2. Minutes,~ P1/C,~ i2/6/90 Page 10 ll~.PUBLIC HEARING- TENTATIVE TRACTS 5414 AND 5424 (SIMPSON-VANCUREN, ~INC.) (continued)- Chairperson Rosentieb asked Commissioner Powers if-he would consider amending his motion to include that on the top ~of pag~ 3 of 10 in the staff report include the words, "include this within the ~first phase of development" be stricken. Commissioner Powers amended his motion to include lots 1, 2 and 3 in Tentative Tract 5424,~ and the verbiage given by Chairperson Rosenlieb. Motion-was seconded by commissioner Anderson. Chairperson Rosenlieb asked for a roll call vote: AYES: Commissioners Marino, Anderson, Anthony, Powers, NOES: Commissioners Cohn, Rosenlieb Motion Carried. Commissioner Anders0n~asked if funds are available and how quickly ~mprovements-to the park are to be made. Mr Ken Trone with' the Parks Department replied there are no funds available at this time to develop that site. Mr. Redstone stated that the developer requeste~ that this Commission in any motion made to either vote up-or down instead of a referral or a continuance. Motion was made by Commissioner Powers to deny Tentative Tract 5424 and find it inconsistent with the General Plan. Motion died for lac~ of a second. Motion was made by Commissioner Anderson to refer this matter to the Parks Committee for further study, and would come back to Commission at the DeceMber 20,~ 1990 meeting. Motion was seconded by Commissioner Cohn, and carried. Commissioner Marino voted no. 1~2. PUBLIC HEARING - TENTATIVE TRACT 5416 (DEWALT CORPORATION). Commissio~er-Marino declared conflict of interest. His employer has o~nership interest in this property. Due to the applicant's revision to the design of Tentative Tract 5416, additional time to review the changes'required, therefore staff requested that this .item be continued to the-first meeting in January, 1~991. Staff report was waived.' ~Public hearing was opened. Motion was made by Commissioner ~nthony to continue this matter to the January 10, 1991 meeting. Motion was seconded by'Commissioner Anderson, and carried. . Minutes, P1/C,. 12/6/90_ 13 PUBLIC HEARING - TENTATIVE TRACT 5418 (SEQUOIA ENGINEERING) Commissioner Marino disqualified himself due to fact this tentative tract is within 300 feet of proposed Tentative Tract-5416 in which he declared a conflict of interest. In as much as this proposed tract is located within the Polo Grounds area~ it was suggested this matter be continued. Staff report was waived. Page 11 Public hearing, was opened. Motion was made by Commissioner Cohn, seconded by Commissioner Anders~n to continue this hearing to the December 20, 1990 meeting. Motion carried. Commissioner Powers voted no. 14. PUBLIC HEARING - TENTATIVE TRACT 5441 (PORTER-ROBERTSON) Applicant requested this matter be continued to the December 20th meeting. Staff report was waived. Public hearing was, opened. Motion was made by Commissioner Powers to continue this hearing to the December 20, 1990 meeting. Motion was seconded by Commissioner Anthony, and carried. 15. PUBLIC HEARING - TENTATIVE TRACT 5421 (CORNERSTONE ENGINEERING) Tentative tract is located approximatelY 1/4 mile south of Olive Drive and-1/4 Mil6 east of Fruitvale Avenue. Tentative tract contains 33 lots on 10.18 ac~es, 'County zoned A-1 proposed zoning upon annexation to R-1. A memorandum d~ted December 4, 1990 was submitted to Commission from the 'Planning Director indicating that three additional conditions should be added-to the staff report. .PDb'lic hearing was opened. Mr. Darren Whitten wi~h Cornerstone Engineering stated they were in ' agreement with the staff report conditions with the exception of one item. page 10 of 10~ and asked that it stay as it is now designed because their client wo'uld lose two lots if it is extended to the south and'the 10,000 square foot lot size is maintained and due to the fact that the area to the south ha~ been set aside for a sewe~ plant, devel- opment along the west side of that area and along the north side has isolated it. and if the street goes through to that tract it is antici- pated that ~ lot of traffic will be going through the tract from people gaining access along Westlake Drive onto Fruitvale and along Oakhaven Street UP to .Olive Drive. Minutes, P1/C, 12/6/90 Page 12 15. PUBLIC HEARING - TENTATIVE TRACT 5421 (CORNERSTONE ENGINEERING) (continued) Mr. Kloepper replied there will be a certain amount of traffic that will access through the existing development to get to Olive Drive but for the sake of circulation if one of the streets does not get extended south to the tract bQundary there could be a considerable degradation of emergency s~rv~ces. There being no others wishing to speak, public hearing was closed. M~. Kloepper went to the map and reviewed the circulation plan for this area. Mr. Mike Callagy with Cornerstone Engineering stated this particular problem has _been the source of considerable discussion between ~oth Planning and Public Works Staff and Cornerstone Engineering. As engi- neers the need has been recognized for that type of access while still recognizing the problem of this densifying traffic through streets that were never really designed in the first place to handle that kind of density. ~ Mr. Kloepper stated that if Denari Court were extended with the one- foot non-access strip to control access from future development, it would be the city's aim to not allow it to be maximized as a~local col- lector street and serve mainly as access to the development closest to that tract-. Chairperson Rosenlieb asked for Mr. Hardisty's comment about the stringency 0~ Planning Department Condition. Mr. Hardisty replied that staff felt a recommendation Should be made -and felt that the extension of this street would tend to minimize the traffic to .some extent and make it a more direct connection to Olive Drfve. ~Commissioner-Ander'son suggested sending this matter to the Subdivision 'Commitfee for further study and review. Mr. Hardisty stated that if the Commission were inclined to be less restrictive in the sense of an absolute minimum of 10,000 square feet but more towards the averaging lot size of 10,000 square feet that could easily be conveyed to the Council in the form of a memo clarify- ing that as development schemes were reviewed on the subdivision level. it was found that the exact minimum was not really that workable but that this could work. out 'and still achieve the characteristic of 10,000 square foot lot~s adjacent to those already developed subdivisions. Motion was made by Commissioner Anderson to refer this to the Subdivision Committee amd asked that the applicant offer a suggestion on how the street could be continued through to the south (Denari) and still accommodate ~the number of lots that are presently proposed, and be brought back tO Commission on January 10, 1991' Motion was seconded by Commlssioner-Marino, and carried. CHAIR CALLED A RE~ESS. Minutes, P1/C, 12/6/90 Page 13 16. PUBLIC HEARING - TENTATIVE TRACT 5432 (JAMES NACHAZEL ENGINEERING) Tentative tract-is located on the east side of Stine Road, south of the Arvin-Edison Canal, and contains 160 lots on 34.98 acres, zoned Rfl. Publi~ hearing was opened. Mr. Wil%iam Skaggs. owner 'of property adjacent to subject tract stated bis concern that the alignment of Berkshire Road would be'through h~s house and wipe out 93 trees. He stated they would like to see Berkshire Road moved south. He was also stated bis concern with the fencing between his property and subject tract, and a stipulation that no 'two or three story houses should be built to be able to,look over into their property. Chairperson Rosenlieb stated that typically a block wall between resi- dential uses is not required, and up to two story houses are allowed. Mr. Hardisty stated that the alignment of Berkshire. Road is not Com- ~pletely a part of-this tract map but since the tract map shows Berkshire Road' within its boundaries up to the point, there would at least have to be some affect on the property just to achieve a transi- t.ion-if it-were to move southerly. He also stated that the design of the road is something that would have to be worked out-with the engi- neers and would be a condition of approval on 'this tract to acquire and . improve B~rkshire. The subdivider would be responsible for taking the 'lead on that. However. if he is unsuccessful~- the city is put in the position of having to exercise its eminent domain powe?s in completing the road. Mr. Jim Nachazel. project engineer was present and stated they plan on putt.ing in a concrete block wall between this development and Mr. Skaggs' property. He also stated that bis client bas the 40 acres east of this project.in escrow and therefore will be coming in with a tenta- tive map and will have Berkshire running all the way from Akers Road to this development~ He referred to page 2 of 10, V. B., and asked that numbers 1 and 3 be-deleted and also VIII. B.2 which requires 24 foot of paving. Mr..Kloepper recommended that V.B1 remain and suggested that a speci= fied wfdtb be required. He was amenable to deleting number 3 under B. Mr. Kloepper felt that condition VII. B.2 was necessary to provide the circulation. Mr. Nachazel referred to Condition V. B.1 and asked for clarification. Mr. Kloepper recommended a minimum of 40 feets and if there is only one prOperty owner to the south ~perhaps shifting the alignment to the south would be better. Commissioner Marino stated that he did not.want to go against the Fire Department recommendation that there be some kind of all weather sur-~ face prov~ided asa secondary access.point at this tract map stage. Mr 'Nachazei replied they~could still have a secondary access pOint. Minutes. P1/C, 12/6/90 Page t4 16PUBLIC HEARING - TENTATIVE TRACT 5432 (JAMES NACHAZEL ENGINEERING) (continued) Mr. Nachazei referred to the staff report, page 10 of 10~ number 18 indicating that' approval-should be by Planning Dep~rtment and not Planning Commission further stating that they intend to have two phases and will have the phases so that approximately the northerly half of the development and will not affect Berkshire or any of the lots that are adjacent to the five acres. Mr. Hardisty replied that it could be handled at staff level with the' condition that Phase 1 will be the northern part and Phase 2 the south- ern part adjacent to the five acres to be recorded after rezoning of the five acres.- Mr. Skaggs.stated that if Berkshire Road is going to take any df his property.-he would rather it take the full width and the house be moved at the developer's expense because of the trees that give the value to his property. There being no others wishing to speak~ public hearing was closed. Commissioner Marino'stated that if 600 feet from Stine Road is exceeded, the Fire Department will require a secondary access. Mr. Kloepper appr'ised Commission he was in agreement with applicant's request that Condition V. B.3. be deleted. Motion was~made by Commissioner Marino to approve'and adopt the Negative Declaration~ to make all findings set forth in the staff report and to approve proposed Tentative Tract 5432 subject to the con- ditions 'outlined in Exhibit "A" of the staff report with the egception that on'Page 2 of 10, item V B.3 be deleted, Page 10~of 10 Condition 18 ~he.wQrd "Commission" would change to director, to r~ad the "Planning D'irector". Motion was seconded by Commissioner Powers, and carried. 17. PROPERTY GENERALLY LOCATED SOUTH OF HOSKING AVENUE EAST AND WEST OF WIBLE~ ROAD -- ZONING UPON ANNEXATION TO R-1 (ONE FAMILY DWELLING), R-S (RESIDENTIAL SUBURBAN) AND C-2 (COMMERCIAL) FROM COUNTY ZONING OF A (EXCLUSIVE AGRICULTURE)~ E(2~)RS (ESTATE 2~ ACRES - RESIDENTIAL SUBURBAN) AND C-2 PD (GENERAL COMMERCIAL - PRECISE DEVELOPMENT COMBINING DISTRICT) AND ANNEXATION OF 71.8 +/- ACRES TO THE CITY OF BAKERSFIELD KNOWN AS HOSKING NO. 2 ANNEXATION. Trhis is an annexation and-a zoning upon annexation request on 71.8 acres. It is the intent of the applicant to develop a residential sub- division and a small commercial center. Public hearing was opened. There being no one present to speak either in favor or opposition, pub- lic hearing was closed. MinUtes, P1/C, 12/6790 Page 15 17. PROPERTY GENERALLY LOCATED SOUTH OF HOSKING AVENUE EAST AND WEST OF WIBLE ROAD -- ZONING UPON ANNEXATION TO R-1 (ONE FAMILY DWELLING), R-S (RESIDENTIAL SUBURBAN) AND C-2 (COMMERCIAL) FROM COUNTY ZONING OF A (EXCLUSIVE'AGRICULTURE), E(2½)RS (ESTATE 2~ ACRES - RESIDENTIAL SUBURBAN) AND C-2 PD (GENERAL COMMERCIAL - PRECISE DEVELOPMENT COMBINING DISTRICT) AND ANNEXATION OF 71.8 +/- ACRES TO THE CITY OF BAKERSFIELD KNOWN AS HOSKING NO. 2 ANNEXATION. (continued) Motion was made by Commissioner Marino to adopt resolution making find- ings approving the Negative-Declaration and recommend same to the City Council. Motion was seconded by Commissioner Powers. and carried by the following roll call vote: AYES: Commissioners Marino, Anthony, Cohn, Powers~ Rosenlieb NOES: None ABSTAINED: Commissioner Anderson ABSENT: Commissioners Bjorn~ Frapwell Motion was made by Commissioner Marino to adopt resolution making findings, approwing zohing upon annexation No. 5083 consisting of a change of zone from County zoning of A (Exclusive Agriculture), E(2~)RS (Estate 2~ Acres - Residential Suburban) and C-2 PD (General Commercial Precise Development.Combining Di.strict) to the City designation 'of R-1 (One Family Dwelling), R-S (Residential Suburban) and C-2 (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, Anthony, Cohn, Powers, Rosenlieb NOES: None ABSTAINED: Commissioner Anderson ABSENT: Commissioners Bjorn~ Frapwell Motion was made by Commissioner Marino to adopt a resolution with required findings approving the proposed Hosking No. 2 Annexation and recommend same to the City Council. Motion was sedonded by Commissioner Powers, and carried by the following roll call vote: AYES: Commissioners Marino~ Anthony, Cohn, Powers, Rosenlieb NOES: None ABSTAINED: Commissioner Anderson ABSENT: Commissioners Bjorn, Frapwell Minutes-~ P1/C, 12/6/90 Page 16 18. PROPERTY GENERALLY LOCATED NORTH AND SOUTH OF HOSKING AVENUE AND WEST OF FREEWAY 99 --- ZONING UPON ANNEXATION TO R-1 (ONE FAMILY DWELLING), R-S (RESIDENTIAL SUBURBAN) AND C-2 (COMMERCIAL) ZONES ~ND ANNEXATION OF 144.74 +/- ACRES TO THE-CITY OF BAKERSFIELD KNOWN AS HOSKING NO. 3 ANNEXATION. This request is an annexation and zoning upon annexation on 144.74 acres to permit the development of-a commercial area and the. processing of residential subdivision. Public hearing was opened. Mr.-Arthur Turner., property owner on Hosking Road asked about the amount of acreage that will go C-2. . Mr. Hardisty replied 19 acres. There being no others wishing to speak, public hearing was closed. Motion was made by Commissioner Powers to adopt resolution making find- ings approving the Negative Declaration and recommend same to City Council. Motion was seconded by Commissioner Marino~ and carried by the following roll call vote: AYES: Commissioners Marino, Anderson, Anthony, Cohn, Powers, Rosenlieb NOES: -None ABSENT: Commissioners Bjorn~ Frapwell Motion was made by Commissioner Powers to adopt resolution making findings, approving zoning upon annexation No. 5084 consisting of a change of zone 'from County zoning of A (Exclusive Agriculture), E(~)RS (Estate ~ Acre ~ Residential Suburban), A~i (Limited Agriculture) and C-2 PD (General Commercial Precise Development Combining District) to the City desijnation of R-i (One Family Dwelling), R-S (Residential Suburban) and C-2 (Commercial), or more restrictive Zones and recommend same to the City Council. Motion was seconded by Commissioner Marino, and carried by the following roll call vote: AYES Commissioners Marino, Anderson, Anthony, Cobh, Powers, Rosenl~eb NOES: None ABSENT: Commissioners Bjorn, Frapwell Minutes, P1/C, i2/6/90 Page 17. 18.' PRoPERTy GENERALLY LOCATED NORTH AND SOUTH OF HOSKING AVENUE AND WEST OF FREEWAY 99 .... ZONING UPON ANNEXATION TO R-i (ONE FAMILY DWELLING), R-S (RESIDENTIAL SUBURBAN) AND C-2 (COMMERCIAL) ZONES AND ~NNEXATION OF 144.74 +/- ACRES TO THE CITY OF BAKERSFIELD KNOWN AS HOSKING NO. 3 ANNEXATION. (continued) ~. Motion was made by Commissioner Powers to adopt a resolution with required findings approving the proposed-Hosking No. 3 Annexation .and' recommend same to the City Council. Motion was seconded by Commissioner-Marino, and. carried.by the following roll call vote: AYES: Commissioners Marino, AndersOn, Anthony,'cohn, Powers, Rosenlieb ~ NOES: None ~ABSENT: Commissioners Bjorn, Frapwell 19. RESOLUTION SETTING REGULAR MEETING DATES FOR 1991 AND CANCELING THE JULY 4. 1991 MEETING ~' Motion was made by Commissioner Powers to approve Resolution/ Motion was seconded~by co~missioner Marino, and carried. 20. WRITTEN COMMUNICATION REQUEST TO CONSIDER 25-FOOT INGRESS AND EGRESS EASEMENT FOR PARCEL B OF PARCEL MAP WAIVER 31-90 LOCATED AT 2229 BUENA VISTA STREET. Subject property is located south of Buena Vista Street, 270 feet west of Holtby Road. Subject property has undergone.preliminary site plan review (SPR 22-90-B) and the parcel map waiver (PMW 31--90) process administered by staff. Uses proposed ~on site include two. four-plex, and single-story apart- ment buildings. The 25-foot wide easement 150 feet in length is proposed to provide access to both ~Parcels A and B.~ Motion was made by Commissioner Anderson to find that the proposed 25-foot ingress and egress easement shown on Parcel Map Waiver 31-90 is adequate for purposes of access to proposed parcels and approve as depicted. Motio~ was seconded by Commissioner Powers and carried. Chairperson Rosentieb abstained because she did not feel comfortable voting on something that she does not know anything about other than a quick staff report. Minutes.~ P1/C, 12/6/90 20. WRITTEN COMMUNICATIONS (cohtinued) Page 18 Mr. Hardisty informed Commission hat the information received regarding their request on the Metropolitan parks and Recreation Study that was conducted by the Parks Department and others was not for tonight's discussion, however a workshop will be conducted on January 10, 1991, by Mr. Lee Anderson and Frank Fabbri to discuss progress made in their review. 21. VERBAL COMMUNICATION Mr. Hardisty stated that the next Planning Commission meeting would be lengthy and'a scheduled break would be taken for dinner. 22. COMMISSION COMMENTS Commissioner Marino asked about the median island standard, and requested that it be p~aced on an agenda. Mr. Hardisty replied that it still has some deficiencies in its illustration. Commissioner Mari~o reported that the' General plan Committee met on Monday regarding Freeway right-of-way. ChairPerson Rosenlieb was in'concurrence indicating she appreciated staff's efforts in organizing the meeting CommiSsioner Anderson asked Mr. Kloepper if any progress~h~d been made in.getting the .bond from the-developer on 'the~corner of Gosford and White'Lane. Mr. Kloepper replied that the operator of Jaco Oil called the Public Works Department and spoke tb Mr. Ted Wright and was upset that he could not have occupancy todaY because he indicated he was unaware of the-requirement ,for a bond. COmmissioner poWers thanked staff for everything that was done this past week with regard to the trails. Chairperson Rosenlieb reiterated a request that former Commissioner Milazzo made.regarding aerial photos to show project sites. Mr. Hardisty replied that a recent set of aerial photos are available and go one mile beyond the 2010 boundaries. 23. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned ~t 9:45 p.m. Isabel Williams