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Home My WebLink About10/18/90 '~- " ~ MINUTES OE'~THE REGULAR MEETING OF THE PLANNING COI~IISSION OF THE CITY OF BAKERSFIELD Held .Thursday', October 18, 1990. 5i30 p.m., City Council Chamber:. City Hall, 1501Truxtun Avenue, Bakersfield, California. 1 ROLL CALL COMMISSIONERS: Present: ~ATE 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 STEVE WALKER, Traffic Engineer CALVIN BIDWELL, Building Director STAFF: Present: JACK HARDISTY, Planning Director JENNIE ENG, Park Planner MARTIN ORTIZ..Associate Planner ISABEL WILLIAMS, Recording Secretary 2 APPROVAL OF MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 20. 1990. Motion was made by Commissioner Marino to approve the minutes of the September 20, 1990 meeting. Motion was seconded by Commissioner Powers, and carried. 3. RIVERLAKES RANCH MASTER WALL & LANDSCAPE CONCEPT PLAN (MILAZZO & ASSOCIATES) Commissioner Marino disqualified himself due to· a perceived conflict of interest in that the firm he works for is a client of the applicant. Commissioner Anderson disqualified himself due to a financial conflict of interest His firm has provided services to the applicant within the last year. Subject ~erty is located approximately 1383.5 acres bounded gener- ally by Rosedale Highway (Route 58) on the south, Norris Road on the · north, Coffee Road. on the east and Calloway Drive on the west. Mr David Milazzo represented the Unibell project and Riverlakes Ranch who introduced Mr. Rober Foster, representative from the Collaborative West landscape architectural firm. Minutes~ P1/C, 10/18/90 'Page 2 3.RIVERLAKES RANCH MASTER WALL & LANDSCAPE CONCEPT PLAN (MILAZZO & ASSOCIATES) (continued) Mr. Milazzo referenced-the revised Planning Department memorandum of October 18th noted .condition #1; lighting along the pedestrian path on Coffee Road and assured Commission they would develop with their vari- ous consultants what they think to be a reasonable and adequate light- ing Scheme relative to the cycle of the path as it moves away from the street and back close to the street. He requested that they be permit- ted to go to the Planning, Parks and Public Works Departments for approval of/their construction plans. In referencing the Parks Department Memorandum dated October 10, item #2, it was their idea to use vines on the soft buff ~one slumpstone walls to subdue their effec~ on the overall scheme, and asked that they be allowed to put vines on the fences' and walls. In referring to the meandering path, Mr. Milazzo asked ~that they be allowed to investigate the use of another material other concrete or'asphalt. Mr. Fabbri, City Parks Superintendent stated it was their intent not to have the walls completely covered for maintenance purposes. 'They did agree to some landscaping with vines on the wall at two to three hun- dred foot intervals. In discussion, Mr. Milazzo asked that they be allowed to cover 50 per- cent of the wall. Mr. Fabbri indicated that the wall was not the prob- ~ lem but vines tend to die. _Commissioner Frapwell asked about the type of vine that would be permissible. Mr. Robert Foster. landscape architect replied that they would use cats claw or-the Boston Ivy which are less invasive. Chairperson Rosenlieb opposed removing the Planning Commission's approval of the lighting and was willing to allow the lighting plan to come back at a later date. Commissioner Bjorn commented that what the Commission is approving is a concept and not necessarily all of the construction details. Commissioner Powers was in agreement with Commissioner Bjorn. Motion was made by Commissioner Bjorn to approve the wall an~ landscap- ing master plan for Riverlakes Ranch with conditions attached in Exhibit A of the staff report containing memoranda from the Public Works,' Park~ and Planning Department revised as follows; the -Planning Department conditions will be those shown in the October 12, 1990 memo which was revised on October 18 with the following additional change: Condition #1 to read, "approval by the Planning Department" including Public 'Works and Parks Department instead of the Planning Commission. Memorandum from the Parks Department dated October 10, Condition #2 will be revised to read as follows, "vines may be used on 5Opercent of the wall as a wall cover provided that the Parks Department may~remove any or all such vines at any time in the event it ~determines that such vines are causing maintenance problems. Motion was'seconded by'Commissioner Cohn, and carried. Minutes. P1/C, t0/18/90 Page 3 4.WALL AND LANDSCAPING CONCEPT REVIEW - TRACT 5369 (PORTER-ROBERTSON) Applicant-requested continuance of this item to the November 1st meeting. Motion was made by Commissioner Anderson to continue this matter ~to the November 1, 1990 meeting. Motion was seconded by Commissioner Cohn, and carried. 5. WALL AND LANDSCAPING CONCEPT REVIEW - TRACT 5184 (DEWALT CORPORATION) Cdmmissioner Marino declared a conflict of interest. He is employed by the applicant. Tract 5184 is-located on the north side of Highway 178 a~proximately 1/2 mile west of· Comanche Drive and contains 55 lots on 20 acres. Mr. Arnold Ramming represented DeWalt Corporation and indicated they had no problems, with the conditions of approval. Motion was made by Commissioner Bjorn to approve the landscape plans with the conditions attached in Exhibit A containing memoranda from Parks, Public Works and Planning Departments as further revised by Planning Department memo dated October 12, 1990 Revised on October 15, 1990. Motion was seconded by Commissioner Powers, and carried. PUBLIC HEARING - TENTATIVE TRACT 5301 (ALTA ENGINEERING) Applicant requested a continuance to the November 1st meeting. Public hearing was opened. Motion was made by Commissioner Anthony to continue this matter to the November 1. 1990 meeting. Motion was seconded by Commissioner Powers. and carried 7. PUBLIC HEARING - TENTATIVE TRACT 5387 (MARTIN-McINTOSH) Commissioner Anderson declared a financial conflict of interest. firm provides services to the applicant. Applicant requested a continuance to the November 1st meeting. His Public hearing was opened. Motion was made by Commissioner Anthony to continue this matter to the November 1~, 1990 meeting. Motion was seconded by Commissioner Powers? and carried. Minutes, P1/C, 10~i8/90 ' Page 4 8-PUBLIC HEARING - ZONING UPON ANNEXATION #5042 AND ANNEXATION - WIBLE NO. 7 ANNEXATION Commissioner Powers declared a financial conflict of interest.- His direct source of-income is from the property owner within the annexation. The annexation consists of 17.26 +/- acres to the City of Bakersfield located east of-Wtble Road, south of Panama Lane. Zoning Upon Annexation of 11.21 +/- acres to R-1 and 6.04 +/- acres to C-1. During the hearing to consider zoning upon annexation (file 5042) the area known as Wible No. 7 Annexation, Mr. Tom Boozer said he was told during-the 2010 General Plan hearings his property would be zoned R-2. staff recommended this item be readvertised and considered at this hearing. ~ Staff'recommmended adoption of 'R-2 zoning of Mr. Boozer's property.- Public hearing was opened. Mr. Tommy Boozer spoke in favor of the annexation. There being no others wishing to speak, public hearing was closed. Motion was made by Commissioner Frapwell to adopt a resolution making findings approving the Negative Declaration, and approving concurrent Zoning Upon Annexation No. 5042 consisting of a change from the County A£1 and C-1-PD zone to a city R-2 and C-2 zone as requested and recom- mend same to the City Council. Motion was seconded by Commissioner Marino. and carried by the following roll call vote: AYES: Commissioners Marino, Anderson, Anthony, Bjorn, Cohn, R0senlieb, Frapwell NOES: None ABSTAINED: Commissioner Powers Mo~ion-was-made by Commissioner Frapwe~l to adopt resolution making findings and approving Negative Declaration and approving Wible No. 7 Annexation~application, 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, Bjorn, Cohn, Rosenlieb, Frapwell NOES: None ABSTAINED: 'Commissioner Powers Minutes, P1/C, 10/18/90 Page 5 9. PUBLIC HEARING - ~ZONING UPON ANNEXATION #5074 AND ANNEXATION - HOSKING NO. 1 ANNEXATION Said property is located south~of Hosking Avenue east of State-Route 99. The project proposal consists of 164.37 +/- acres to the City of Bakersfield and proposed to be zoned upon annexation to R-1 and R-S Zones. Public ~hearing was opened. There being no one wishing to speak either in favor or opposition, public hearing was closed. Commissioner Bjorn asked if staff had a final recommendation as to the park site and changing that to an open space designation. Mr. Hardisty recommended that it be zoned.pursuan~ to the open space zoning. He further commented that he has spoken to the ~County Parks DireCtor who said they were working on a proposal whereby a private party would develop a senior center, and was somewhat concerned that he did not want the county park to be going into the _city because it may upset some balance of understandings. Commissioner Marino asked if this property were annexed would there be a problem with placing a community center and taking out 3/4 of an acre. Mr. H~Fdisty replied that a Conditional Use Permit may be required and recommended, that the Commission not annex that portion if they feel it may jeopardize the provision of a community center. Commissioner Marino leaned toward leaving that portion out of the annex- ation and perhaps pick it up at a later date if the senior center has not come to fruition. Motion was made by Commissioner Marino to adopt resolution making find- ings approving the~Negative Declaration on the portion north of McKee Road 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 Motion was made by Commissioner Marino to adopt resolution making findings, approving the Zoning Upon Annexation No. 5074 for the portion north of McKee Road consisting of a change of zone from the County des- ignation of A (Exclusive Agriculture), A-1 (Limited Agriculture) and' E(~)RS (Estate - ~ acre Residential Suburban) to the city designation of R-1 (One Family Dwelling), and recommend same to the City Council. Motion was Seconded by Commissioner Powers, and carried by the follow- ing roll ~all vote: - .AYES: Commissioners Marino, Anderson, Anthony, Bjorn, Cohn, Powers, Rosenlieb NOES: None ~Minutes .P1/C, 10/18/90 Page 6 9. PUBLIC HEARING - Z'oNING UPON ANNEXATION ~5074 AND ANNEXATION - HOSKING NO. 1 ANNEXATION (continued) Motion was made by Commissioner Marino to adopt resolution with recuired findings approving that portion of proposed Hosking No. 1 Annexation located north of McKee Road 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 10. PUBLIC HEARINGS TO RECEIVE INPUT ON THE METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN AND ON THE ADEQUACY OF THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR SAME. Mr -Hardisty introduced Mr. Thomas Reid, consultant who gave a brief presentation of the highlights of the plan. Public bearing was opened. Mr. Dennis Triplett with Chevron Land and Development Company repre- sented Chevron U.S.A., one of the property owners within one of the designated'preserve areas. He emphasized that this particular preserve is in conflict.with the 2010 General Plan. The 2010 Plan des- -ignates the property for residential use, and they have development int~ntions for the property, however they would be happy to work with th-e City to implement a mitigation plan for any endangered species or nts that are located on the property, but objected to the designa- tion oflthe entire property, 640 acres, for cactus preserve. - Mr. Larry Saslow, represented the San Joaquin Valley Chapter of the Wildlife Society questioning the feasibility of-mitigation and compen- sation of the Kern'Water Bank lands. These lands are targeted for development and mitigation for the Kern Water Bank and they have their own agenda and goals, such as water fowl development and possibly some other recreational uses. They recommended that salvage of threatened and endangered species be included in the mitigation requirements for the Habitat Conservation Plan. They are commended the City of Bakersfield for its effort to integrate endangered species conservation w~th land use planning and urban growth. Mr Arthur Unger, member of the steering committee of the Metropolitan Bak~!rsfield Habitat Conservation Plan and the Kern Kaweah Chapter of the Sierra Club. He referred to the preserve guidelines indicating that he supports the first guidelines, but the second one, preserves should emphasize, the need to protect and enhance~existing habitats. He disagreed with the plan's emphases on not buying expensive land. Ms Barbara Don Carlos represented the Building Industry Association of Kern County stated they are in the process of reviewing the document and would submit written comment prior to the October 31st d~adIine. Minutes, P1/C,~ 10/t8/90 Page 7 10. PUBLIC HEARINGS TO RECEIVE INPUT ON THE METROPOLITAN BAKERSFIELD HABITAT CONSERVATION' PLAN AND ON THE ADEQUACY OF THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR SAME. (continued) Mr. Joe McCaffree spoke regarding the mitigation process and whether development would be stopped because of not being able to buy the land that"s wanted to offset the destruction of the wildlife habitat. Mr. Reid commented that once a developer get his permit from the City,· he shares in the City's 10A permit. If that permit is valid'at that point in time, then he has received his entitlement to proceed. It would 'not be the enforcement intent of .the federal government to try to go in and freeze the town at the instant that the suspension took place, but what it'would do is it would stop the City or the County from issuing further permits until they had corrected the problemf Commissioner Marino asked about condemnation powers. Mr. Reid replied that it was necessary to retain the possibility of condemnation in the implementation of th'e trust. There being.no others wishing to speak, public hearing was closed. Motion was made by Commissioner Powers to refer comments to staff for consideration in preparing a final Metropolitan Bakersfield Habitat Conservation Plan. Motion was seconded by Commissioner Cohn, and carried. Motion was made by Commissioner Marino to refer all comments to staff for consideration and response in Final EIR preparation. Motion was seconded by Commissioner Anderson, and carried. 11 ~ COMMISSION COMMENTS Commissioner Marino gave a Planning Commission/Joint City Council com- mittee report on indirect source review status, the Housing Element Advisory Committee, progress on freeway acquisition and roadway median island landscaping. Chairperson Rosenlieb informed Commission that the General Plan Committee would be meeting with various interested groups of people to discuss the potential of an ordinance to collect fees for right-of-way acquisition. That committee will meet on Mpnday, October 29th in the Planning Basement Conference Room. Commissioner Anthony asked for an update on the Housing Element. ~Mr. Hardisty said they have Submitted a listing of organizations which would be helpful serving on a task force and will preparing a report back to council on November ?th for their endorsement of that committee ~-list. ~ ' Minutes, Pi/C~ {0/18/90 Page 8 12. ADJOURNMENT There being no other business to come before the Commission, meeting ~was adjourned at 7:53 p.m. Isabel Williams