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HomeMy WebLinkAbout11/01/90MINUTES OF THE REGULAR MEETING OF THE 'PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, November 1, 1990, 5:30 p.m., City Council Chamber, City Hall, 1501Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: ADVISORY MEMBERS: STAFF':' Present: Present: Present: KATE ROSENLIEB, Chairperson JIM MARINO, Vice Chairperson STEVE ANDERSON *OSCAR ANTHONY TERI BJORN DAVID COHN DARREN POWERS C. ROBERT FRAPWELL, Alternate LAURA MARINO, Deputy City Attorney FRED KLOEPPER, Assistant Public Works Director CALVIN BIDWELL, Building Director JACK HARDISTY, Planning Director JENNIE ENG, Park Planner ISABEL WILLIAMS, Recording Secretary 2. APPROVAL OF MINUTES OF THE REGULAR MEETING HELD OCTOBER 4, 1990. Motion was made by Commissioner Cohn to approve the minutes of the October 4,_1990 meeting.. Motion was seconded by Commissioner Powers. and carried. 3. WALL AND LANDSCAPING.CONCEPT REVIEW-TRACT 5369 (PORTER-ROBERTSON) Applicant withdrew his application. 4. WALL AND LANDSCAPING CONCEPT REVIEW/MASTER EQUESTRIAN TRAIL PLAN - POLO GROUNDS MASTER CONCEPT PLAN Commissioner Marino declared a conflict of interest. His employer owns property within the project area. Applicant requested a continuance to the November 15th meeting. Mr. Bob Smith with Sequoia Engineering requested approval of the eques- trian trail plan and continuation of the landscape plan. Commissioner's Anderson and Powers felt that the two items were insepa- rable because of the landscaping in and around the trails. Chairperson Rosenlieb addressed the fact that applicant made changes to the equestrian plan. Mr. Smith stated the changes were made to address staff's concerns. Minutes, P1/C, 1.1/1/'90 Page 2 4.WALL AND LANDSCAPING CONCEPT REVIEW/MASTER EQUESTRIAN TRAIL PLAN - POLO GROUNDS MASTER'CONCEPT PLAN (continued) $ommissioner Powers ind~.cated the equestrian trail' plan should go to committee. Ch~airperson Rosenlieb commented she had no problem with the issue of the equestrian tr.ail'going to committee and asked that the committee not only look at the ~pecific location and design of the equestrian trail but also-the issue of the maintenance of that trail and the'fea.- sibility-of requiring R-1 zone lots to maintain that equestrian trail. Motion was made. by Commissioner Cohn to continue the polo grounds mas- ter concept plan and the equestrian tmail plan to the November 15th meeting~ and send Agenda Item 2b to committee. Motion was seconded by Commissioner-Anderson, and carried. COMPREHENSIVE SIGN PLAN 12--90 (IMAGE NATIONAL, INC.) Commissioner Anderson declared a conflict of interest. One of his cli- ents owns property adjacent to this Property~ Commissioner Powers declared a financial conflict of interest. His pension and 'profit sharing plan has limited partnership interest in the property to the north. Applicant propoSes~a comprehensive sign plan for a retail shopping cen- ter located-on the northeast corner of White Lane and Gosford Road. Applicant proposes two PYlon signs .located adjacent to the main entrances on White Lane and Gosford Road. Each pylon sign is 35 feet in beight and is 305 square feet-in ~rea including area of pole support covers. The plan proposes to allow all pad tenants the option of installing one monument-sign each if desired. The Ranch~ tenants' wall signage ~s proposed to be limited to a maximum height of 5 feet and up to 80 ~ent o~ the store frontage. Mr Bill Thurston with Pacific Summit Development Company? owner and developer of the shopping center expressed his concern with the pylon signs in that he was not aware that the covers over the poles and the detail above the signs were considered as signage area.- He also refer- enced Condition~, wall signs, indicating they had selected in their criteria that signage could extend a distance of 80 percent with let- ters not to exceed 24 inches in overall height. *Commissioner Anthony was seated. Building Director Bidwell addres-sed the computation for the area of the pylon signs pointing out that the ordinance includes the suppor~t system. He further stated that 'the ordinance states that in a C-2 zone two.square feet for each lineal foot of building-frontage is allowed. - ~ Minutes, P1/C, 11/1/90 .Page 3 5. COMPREHENSIVE SIGN .PLAN 12-90 (IMAGE NATIONAL, INC.) (continued) Chairperson Bjorn asked Mr. Bidwell if he agreed with allowing the applicant to have six monument signs on this particular request. Mr. Bidwell replied that the Commission over a 'period of time has had several shopping centers where they have allowed monument signs in addition to the pylon signs and so staff has presented a plan that fol- lows what has been approved in prior requests. Mr Thurston did not see a problem in reducing the signs to 75 percent on the store fronts. Mr Bidwell noted where there are freestanding pads and they elect to use a monument sign as provided here~ on one or more occasion the CommiSsion has said in that event they would not be putting wall sig- nage on the elevat'ion facing the street. He asked that Commission consider adding a sixth condition, that if the pad tenants elect to use a monument sign, they Would not be permitted wall signage on the street elevation. Chairperson Rosenlieb commented that the last two sign proposals on shopping center§ have an excessive number of monument signs that are being approved by Staff. Commissioner Cohn commented he would like to see one of the pylons eliminated and one monument eliminat~ed. ~ner Marino was in agreement with the overall signage. Commissioner Cohn suggested sending this to committee for further review to come up with a plan that is more consistent with the ordinance Mr Tburston commented that the intent of the pylon signs are to have them by the. locations.of the main entrances to the center that lead to the two major tenants that the pylon.sign would advertising. Motion was made by Commissioner Cohn to continue this item to the November 15th meeting, and send this matter to the Sign Committee. was seconded by C6mmissioner Anthony, and carried.' 6. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE-TRACT 5084 (DEWALT CORPORATION) Commissioner Marino declared a financial conflict of interest. He is employed by the applicant. Staff requested 'a continuance to the December 6th meeting to allow additional time to review existing conditions on the map and determine their applicability, and the appropriateness of possible new conditions. Chairperson Roseolieb waived the staff report.- Minutes, P1/C, 11/1/90 Page 4 6.PUBLIC 'HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5084 ~(DeWALT CORPORATION)' (continued) PubliC hearing was opened. Motion was made by Commissioner Anderson to continue this matter to the December 6, 1990 meeting. Motion was seconded by Commissioner Powers, and carried. 7. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5105 (TELSTAR ENGINEERING) Tentative tract is located on the northeast corner of the extension of Monitor Street and Hosking Avenue. Applicant requested"a one year extension of time to expire November 17, 1991. Tentative tract contains 42 lots on 10.01 acres, zoned R-i. Public hearing was opened. Mr. Bob JacksOn, property owner was present and amenable to the condi- tions listed in the staf~ report. There being no others wishing to speak, public hearing was closed. Motion was made by Commissioner Powers to make findings set-forth in the staff'report and approve a one-year extension of time to expire November 17, 1991 for Tentative Tract 5105, subject to the condition Changes and additions listed in Exhibit "A". Motion was seconded by Commissioner Anderson, and carried. PUBLIC HEARING - TENTATIVE TRACT 5301 (ALTA ENGINEERING) Tentative tract is. located on the north side of the proposed Paladino Drive alignment, approximately 3/4 mi. le east of Fairfax Road. The site is within the Kern Bluff Oil Field, and contains 26 idle wells, 6 aban- doned wells, pipelines and storage tanks and associated equipment. The applicant proposes an equestrian trall along the north side of the 'tentative tract to accommodate residents located to the east, which is zoned to allow horses. The proposed phased tentative-tract contains 302 lots on 108 acres, zoned R-1. Public hearing-was opened. Mr. George Dickey with Alta Engineering/Hughes Surveying represented the subdivider, Del Rey Development. There befng no others wishing~to'speak,-public hearing, was closed. Minute's, PL~C, 11/1/90 Page 5 8.PUBLIC HEARING ~ TENTATIVE TRACT 5301 - (ALTA ENGINEERING)(continued) chairperson Rosenlieb ag~reed with staff's memorandum regarding the landscaping and walls in~cluding those for the oilwells. Chairperson Rosenlieb asked about the issue of well abandonment. Mr. Hardisty replied that the oilwell ordinance that is being written will address well abandonment and is more demanding than the DOG program. Chairperson Rosenlieb asked if a house would be allowed to be built over an abandoned well. .Mr. Hardisty-indicated that it would not be allowed to be built within 20 f~eet of an abandoned well. Chairperson Rosenlieb was concerned with the unbuildable lots~ and a potential maintenance problem with the abandoned wells. Mr. Hardisty agreed there is a tremendous amount of landscaping in t-he maintenance district that would be a burden on the subdivision and this also concerned him. Chairperson Rosenlieb asked the applicant if he had a plan in the future if the wells were abandoned. Mr. Dickey pointed out this is on the fringe of~a dying oilfield. The subdivider is'working with the two operators of the leases and antici- pates that a substantial number of the wells will be~abandoned and will not be within unbuildable sites by the time they proceed to develop the property." The developer and the producers are entering into an agree- ment wherein the ~developer will bear some df the expense for some ~f the abandonment. The number of lots that appear unbuildable are based on the fact that the subdivision is designed in such a way thjt when the lots are ultimately developed, those lots would be of compa- rable size to the other lots within the area. Chair~person Rosenlieb asked about the equestrian trail. Mr' Dickey replied they are still in the planning stages. Commissioner Anderson asked about a provision for parks. Mr. Dickey replied there is a condition that the developer provide park area or pay in-lieu fees at the option of the city.. He further indi- cated they would pay in-lieu fees unless the city comes up with a parks plan that. may call for a park site within the property. Minutes, Pt/C, 11/1/90 Page 6 8.PUBLIC HEARING - TENTATIVE TRACT 5301 - (ALTA ENGINEERING) (continued) 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 5301 subject to the con- ditions outlined in Exhibit "A" of the staff report-with the following changes.~ Fire Department Condition 6, page 8 of 11 shall be deleted, Public Works DePartment Condftion H, page 5 of 11 shall be deleted, Planning Department Condition 10, page 10 of 11 shall be revised to read, "The subdigider shall submit conceptual plans for the landscaping and walls inciud~ng those for the oilwells which shall be approved by the Planning 'Commission prior to recordation of the final map.", and include the changes to Condition 5 as noted on Public Works memorandum dated October 30, 1990. Mr. Kloepper, Assistant Public Works Director asked applicant if the western Southern Cal Edison line was on an easement or on fee property. Mr. Frank Reina, owner of subject property replied that the western edge of the property .is an easement from Southern California Edison, the parcels in between aren't. Mr. Kloepper commented that since the western edge is an easement, it would be. appropriate for that deletion to be retracted. Commissioner Marino revised the motion to include Public Works Condition H, page 5 of 11, and Public Works memorandum dated October ~30~ 1990. Motion was seconded by Commissioner Powers, and carried. Commissioner Cohn voted no. Commissioner Anderson abstained. Motio~ was made by.Commissione~ Marino to refer the matter of the equestrian trail to the BikefPedestrian Ways and Trails committee. Motion was seconded by Commissioner Powers. Chairperson Rosenlieb asked Commissioner Marino if for clarification purposes, the motion should be amended to include, "that this issue come back from the committee at the time t-he applicant-brings'their wall and landscape." Commissioner Marino indicated his intent was to come back with a-report after they met but_ that the actual recommendation, if any would come back with the'wall and landscape plan. Motion carried.' Commissioner Cohn voted no. Minutes, P~/C, 11/1/90 Page 7 9. PUBLIC HEARING - TENTATIVE TRACT 5387 (MARTIN-McINTOSH) Commissioner Anderson declared a financial conflict of interest. His firm has provided services to the applicant within the last 12 months. Tentative tract is lo~ated approximately 135 feet west of Old River Road, approximately 100 feet south of Stockdale Highway and contains 206 lo~s on 73~5 acres, zoned R-l-and R-2. Proposed project is part of the Section 6 and 7 master planned area. Pipeline easements are located along the north side of the site, adja- cent to the Kern River Canal. Public hea~ing was opened. Mr. Roger McIntosh was present and submitted requested changes to the staff report; under memo dated October 12, 1990, Planning Department Condition 21~ add "prior to occupancy of .the school" Mr. Hardisty replied he would agree if there were some Security to pro- vide for its installation. Mr. -McInt0sh referred to Planning Department Condition '22, and stated they Would like to.allow for a concrete block wall. Mr. Hardisty replied that chainlink is a minimum requirement, and block wall would be better. Public Works Condition ii.G, October 12th memorandum, Mr. McIntosh asked that it be revised to include "the collector loop road from its terminus at the northea, stern end of Revised Tentative Map:5244 to its intersection with Old River Road", to be replaced for the condition shown on-the memo. Mr. Kloepper was in agreement with the request. Mr~ McIntosh re~erred to the original staff report conditions of approval and ~equested that 5.D. be stricken in its entirety. Chairperson Rosenlieb apprised Mr. McIntosh of· the memorandum dated October 30th and the changes for that condition as well as Condition 8.A. Mr. McIntosh was in agreement. Original staff report, Page 3~of 10 Ii.A, Mr. McIntosh asked that the ~condition read, "No'occupancy on any lot in each phase will be permit- ted until all required improvements in that phase have been completed by the subdivider and accepted by' the city." Mr. Kloepper~was amenable. Building Department Condition 3, page 5 of 10, ~riginal staff report to read, "Odcupancy will not be permitted on any lot in each phase until 'all required improvements in that phase have been accepted by the City o~ Bakersfield." -Mr. K10ePpeF wa'~ i~ agreement. Minutes, P1/C, 1i/1/90 Page 8 9. PUBLIC HEARING - TENTATIVE TRACT 5387 (MARTIN-McINTOSH) (continued) Fire Safety Control, replace with Condition stated on staff memo dated October 31Sto Planning Department Condition 5, page 8 of 10, replace with Condition stated on staff memo da~ed October 31st. · Planning Department Condition 9, revised to read; "The wall and land- scaping on parkways and median islands shall be consistent With the Master Wall and Landscaping Concept Plans approved by the Planning Commission at the time of construction. Additional dedication may be required. Mr. Hardisty suggested that it read, _"The wall and landscaping on park- ways and median islands shall be consistent with the Master Wall and Landscaping Concept Plans approved by the Planning Commission on 'November i!, 1989, or as may be amended in a subsequent approved wall land lands~'ape plan.''~ Mr. McIntosh was amenable. Condi'ti~n 10 should read, "Tract 5387 is included in Maintenance District #23 and will be responsible for its necessary assessments." Mr. Hardisty was amenable. Mr. McIntosh asked that they be allowed to replace Conditions 19 and 20 ~with, "Prior to recordation of the first phase or phases within Tract 5387, subdivider shall apply for a General Plan Amendment to change the area designated as HMR to LR, and an application to rezone the area shown as R-2 to R-1. Mr. HardiSty agreed with the change because the general plan policies do permit less residential development in a higher density designated area, and.Oceaanic has started to put together some other plan amend- ments to be considered with this later. There being no others wishing to speak, public hearing was closed. Chairperson Rosenlieb commented on the condition of the map to change an R-2 piece to an R-1 to be compatible with this request indicating her concern with the amount of down zoning that is going on around the university. She indicated she would support the applicant's request but would not support anymore down zoning of multi-family in the area. When asked by Chairperson Rosenlieb if they intend to provide 20 acres of park land in Sections 6 & 7, Ms. Rebecca Ullman of Oceanic Communities replied absolutely. Commissioner~Cohn asked about the size of park planned for Section 7. ~Ms. Ullman replied 8 acres. Minutes, Pi/C( '11/1/90 Page 9 PUBLIC HEARING- TENTATIVE TRACT 5387 (MARTIN-McINTOSH) (continued) Commissioner Marino referred to applicant's revise'd Conditions 19 and 20 indicating this is intended to be a single family development and did not udderstand the reluctance-by the applicant to file an applica- tion for a general plan amendment and obtain a zone change prior to .recording the map. Mr McIntosh informed Commission that he had instructed the client that they_are not. required to change the. zone from an R-2 or an R-3 zone to aIlow f6r ~i~gle family dwellings within that zone. Commiss%oner-Marino commented that he was not domfortable with the lot configuration.in anlR-2 zone nor with multi-family on lots this small, therefore wanted to leave the condition on the map, that zoning be changed to R-1. .Chairperson ~P.senlieb Stated-her concurrence with Commissioner Marino's comments. Motion was made by Commissioner Bjorn to approve and adopt the.Negative Dec.laration to make all findings set forth in the staff report and approve proposed Tentative Tract 5387 subject to the conditions out- lined in Exhibit A with the following exceptions: 'Amend Planning Department Condition No. 6 (should be' referred to as five) and Fire Safety Control Condition No. 3 to read as written in memo dated October 31, 1990, from the Planning Department. Amend Public Works Department Conditions 5d and 8a to read as. written in memo dated October 30,.1990 from the Public Works Department. Amend the following various conditions as shown in the document entitled "Request to Changes to Staff Report, Tentative Map 5387, dated November'l, 1990 from the applicant: Conditions 21 and 22, Planning Department Conditions shown in memo dated October 12, 1990; Public Works Condition llG as shown in memo dated October 12, 1990. Public Works Condition llA as shown in the original staff report with the following correction, "No occupancy on any lot in each phase, etc." Building Department Condition 3 as shown in the original staff report. -Minutes, P1/C, 11/1/90 Page 1~0 PUBLIC HEARING - TENTATIVE TRACT 5387 (MARTIN-McINTOSH) (continued) .Planning Department Condition 9, revised to read as follows; "the wall and. landscaping on parkways and median islands shall be consistent with the master wall and~landscaping concept plans approved by the Planning Commission on November 11, 1989, or as may be approved in subsequent wall and landscape concept plans. Additi-onal dedication 'may be required. Planning Department Condition 10, as shown in the o~iginal staff report, _and Planning Department Conditions 19 and 20 as shown in the original staff report. Motion. was seconded by Commissioner Powers' Mr. Hardisty commented that following findings should be made: That the off-site fencing and improvements are necessary to protect public health and safety and that the off-site fence construction is a necessary prerequisite to the orderly develop' ment of the area. Commissioner Bj0rn including the findings in her motion. Motion carried. Chairperson Rosenlieb and Vice Chairperson Marino voted no.~ 10. PUBLIC HEARING'- TENTATIVE TRACT 5355 (AMPAK ENGINEERING) Tentative tract is located on the south side of Berkshire Road, approx- imately i/~2 mile east of South H Street and contains 99 lots on 20.02 acres, zoned R-1. Public hearing was opened. Mr. Aussi Popol representing Ampak Engineering asked for clarification of Condition 8F, Page 3 of 7. Mr.' Kloepper clarified that it would be within the 60 feet. There being no others wishing to speak, public hearing was closed. 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 Tentative Tract 5355 subject to the conditions outlined in Exhibit A of the staff report, deleting Planning Department Condition 6 through 9 and. 11 through 15 of said Exhibit A. Motion was seconded by Commissioner Marino, and carried. Minutes, P1/C, 11/1/90 Page 11 11. GENERAL PLAN CONSISTENCY FINDING PURSUANT TO GOVERNMENT CODE SECTION 65402 -IREQUEST FROM JOHN AND SUSAN BLACKSILL, LOT OWNERS OF 1320 COURT FOR THE VACATION OF A 15-FOOT WIDE PUBLIC SEWER EASEMENT WHICH RUNS ACROSS THE NORTH END (REAR) OF THEIR PROPERTY The easement contains an unused city sewer line superseded by the con- struction of lines in the adjacent streets. ~Motion was made by ~Commissioner Cohn pursuant to Government Code Section 65402 to find the vacation of the 15 foot-wide sewer line ease- ment in Tract'~No. 4673 and Tract No. ~242-Unit 1 is consistent with the 2010 General Plan of the City ~of Bakersfield with the recommendation that the easement be summarily vacated per provisions of the state and highwayslhode. 12 WRITTEN COMMUNICATIONS Chairperson Rosenlieb apprised Commission that she received a letter from Chevron reiterating their request from ~he October 18th bearing that their Section in the northeast not be designated as a cactus pre serve area 13 COMMISSION COMMENTS Chairperson Rosenlieb asked if the Park Committee that was appointed by the City Council studying the issue of a community wide parks and rec- reation district. Mr Hardisty indicated that he has had discussion with the City Manager about Lee Anderson's activities as a point man on the proposal to cre- ate a metropolitan wide parks district. Encouragement has been to Mr. Anderson that as things begin to gel the Planning Commission needs to be brought into the process because it would be the Commission's responsibility to hear the plan if it involves an amendment tO the General Plan. Chairperson Rosenlieb~asked Mr. Hardisty to have'someone from that com- mittee g~ve the Commission a brief synopsis of what their plan is and who is involved in working with it. Mr] Hardisty gave a brief history of how the Park Committee was appointed and he would arrange for a report and workshop on activities of the parks and recreation committee. Commissioner Anderson commented that with the amount of time spent by the Commission and the Parks Committee, it would be a shame if the information that-was gained be lost, and would not feel very good if excluded from the process. Chairpers?n Rosenlieb requested inviting Mr. Anderson to give a staff report of activities at the. next meeting. Commiss~ner-Powers requested tbat the Bike/Pedestrian Ways and Trails committee receive the equestrian plan for the Polo Grounds. Minutes,' P1/C,.li/i/90 Page 12 13 ....COMMISSION COMMENTS Commissioner Marino referred to .a memo from the Public Works Department ~egsrding .a turb-cut at Gosford 'and'~White Lane. Mr. Kloeppem commented that Jaco Oil did not want to close the opening prior.to occupying it, but the City would be monitoring that situation. CommissiOner Anderson asked for Mr Kloepper.'s opinion as to whether the way the curb is presently constructed would deter people fro~ leaving that business from that entrance. Mr. Kloepper did not feel it would be a great deterrence. Commissioner Rosenlieb requested that Public Works Department double check to be sure that they have constructed the curb cut exactly to specifications in the motion for the property located at Coffee Road north of Brimhalt. Chairperson Rosenlieb asked Mr. Hardisty to put into memo form a sug- gestion for the January 1991 meeting 'schedule. Chairperson Rosenlieb indicated she spoke to Mr. Trone of the Parks Department and asked when the new standard would come forward for the median island landscaping. ~Chairperson Rosenlieb gave a General Plan Committee report regarding the Kern Economic Development Corporation meeting and future develop--- ment agreements. She suggested that the president of the KEDC be invited to speak to the' Commission in a work shop session and provide information on the types of companies that are looking at this community. Chairperson Rosenlieb also informed the Commission that the General Plan-Committee met with various interested parties on the subject of freeway acquisition. 14. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 8:20 p.m. Isabel Williams ~~fni~ Dir~._~./ .