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HomeMy WebLinkAbout07/19/90.MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held ThUrsday, July 19, 1990, 5:30 p.m., City Council Chamber, City Hall, 1~501Truxtun Avenue, Bakersfield, California. ROLL CALL coMMIsSIONERS: Present: KATE ROSENLIEB, Chairperson JIM MARINO, Vice Chairperson STEVE ANDERSON *OSCAR ANTHONY DARREN POWERS C. ROBERT FRAPWELL, Alternate Absent: TERI BJORN DAVID COHN ADVISORY MEMBERS: Present: STAFF: Present: 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. PUBLIC HEARING - TENTATIVE TRACT 5341 (TELSTAR ENGINEERING) Tentative tract is located south of University Avenue and east of La Costa Street, and contains 82 lots on 23.9 acres, zoned R-1. Public hearing was opened. Mr. Jim Herst resident of the tract immediately to the south of subject tract asked that staff also consider stipulating that Lots 16 through 20 be further restricted to singl~ level dwellings so as to keep their privacy. Mr. Oscar Cordova was amenable to the conditions listed in the staff report. Discussion took place regarding fence requirements at the perimeter of the property between the two developments. It was indicated that fences are not required~between residential properties. Commissioner Anderson expressed concern about treatment of the differ- ence in grade ~between adjacent developments. There being no others wishing to speak, public hearing was closed. *Commissioner Anthony was seated. ~The'lssue Of school bus loading and unloading was clarified by.Ms. Juanita Barrett, Transportation Supervisor for Bakersfield City Schools in that any abandonments of the street would result in rerouting thus .~increasing cost for fuel. Minutes, P1/C,~7/19/90 Page 2 2.. PUBLIC HEARING 'TENTATIVE TRACT 5341 (TELSTAR ENGINEERING) (continued) Chairperson Rosenlieb addressed Mr. Herst's request indicating that where R-1 abuts-R~l, she was not willing to restrict their ability to market that property by requiring a single level dwelling on those lots. 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 5341 subject to the con- ditions.outlined in Exhibit A of the staff report with the revisions to Planning Condition Nos. 5 and 6 contained in the July 16,(1990 memoran- dum-from Planning Director Hardisty. Motion was seconded by Commissioner Powers~ and carried. 3'. PUBLIC HEARING - GENERAL PLAN CONSISTENCY FINDINGS ON THE PROPOSED· ACQUISITION OF 440 ACRES OF LAND FOR BUFFERING WASTEWATER TREATMEN~ PLANT NUMBER THREE The city proposes to purchase 440 acres of residential and agricultural county land surrounding Plant~3 to permit the cits to buffer future residences from the possible odors created by the plant. Public hearing was opened. Mr. Thomas Walsh, resident directly east of the sew·er plant spoke in opposition to the proposed acquisition. Mr. Tom Fallgatter representative for Thomas Walsh and Stanley Antongiovanni asked if it were the city's intention that none of this property is ever irntended to be used in conjunction with~the existing sewer operations. Mr. Kloepper replied that was true. Mr. Fallgatter recommended that the Commission include in their recom- mendation that i't not be a fee acquisition and suggested to the Commission that staff make an effort and go out and meet~with the peo- ple and make an effort to see if there are areas of agreement. He also commented that the buffer size is to large and felt that a much smaller buffer zone would be appropriate. Commissioner Marino asked if staff would be amenable to refer this to committee and contacting the property owners and discuss deed restrictions or other alternatives. Mr. Hardisty replied that a finding of consistency must be made so that negotiations can take place. Mr. Steven Dake represented Don & Margaret Schulte asked about the pos- sibility of condemnation action. 'Mr. Hardisty replied that condemnation is not being proposed as a course to take. Minutes,~ PI/C, 7/i9/90 Page 3 3.'PUBLIC 'HEARING - GENERAL PLAN CONSISTENCY FINDINGS ON THE PROPOSED ACQUISITION OF 440 ACRES OF LAND FOR BUFFERING WASTEWATER TREATMENI PLANT NUMBER THREE (continued) 'Mr. DOn Schulte,~'resident in the area spoke in opposition to the pro- posed acquisition. ? Mrs. Rita Whittaker, resident in opposition asked what the letter from the Panama-Buena Vista School District contained. Chairperson Bjorn read the letter in the letter: At its meeting~last evening, the Board of Trustees of Panama-Buena Vislta Union School~District~ as an agenda item, discussed the City's ~roposal to acquire land adjacent to the Waste Water Treatment Plant. As members of the Board we are very concerned about the proposed acquisition. Our concern is twofold: First, if'the City were successful and purchased the 440 acres it would be taken off of the tax roles of the Panama-Buena Vista.UnionSchool District and therefore increase the tax burden on the remainder of the- residents to ~repay our general obligation bonds. Further, if acquired by'the City, the area East of Ashe Road could never be developed .and. would thereby~eliminate the possibility of considerable income to the District in the way of builder's fees and addit$onal tax base. Secondly, the District has a real concern that once the land is~ acquired by the City, that expansion of the water treatment plant or the release of the treated water into the buffer area would greatly increase the occurrence and strength of the stench and odor that exudes from the plant and is blown by the prevailing northwesterly winds down to the Panama School. We urge~you to Carefully consider our concerns prior to acting on this ~roposal. Sincerely, THE BOARD OF-TRUsTEEs, PANAMA-BUENA VISTA UNION SCHOOL DISTRICT. Mr. Amil Alvarado, proPertY owner south of the acquisition area spoke in oppoSition. Mrs.-Kathryn Parsons past resident of the area spoke in opposition to the acquisi.tion asking that the .City research other alternatives to solving the city's problems without destroying those immediately around the sewer plant. Ms. Isabel BandUcci, property owner in the area spoke in opposition. Thene being no-others wishing to speak, public hearing was closed, Minutes, P1/C,'7/19/90 Page 4 3.-PUBLIC HEARING ~ GENERAL PLAN CONSISTENCY FINDINGS ON THE PROPOSED ACQUISITION OF 440 ACRES OF LAND FOR BUFFERING WASTEWATER TREATMENI PLANT .NUMBER THREE (continued) Chairperson Rosenlieb referred to the letter from John Carol~o ' Engineers dated August 15, 1986 and asked about the boundaries that chosen. Mr. Kloepper replied that the prevailing winds are from the northwest requiring a half mile buffer zone to the southeast would allow more of -a distance for mixing of the air and dilution of any odors. Chairperson Rosenlieb stated she was concerned that if this would have been a lOng-term plan it should have come up during the 2010 hearings. Mr. Hardisty introduced into the record a letter of opposition from Jesusita Alvarado. Commissioner Anderson had hoped that there would be an opportunity for the City to sit down with the residents in the area and the people .in general who are concerned at try to work out some type of solution either with regards to the acquisition of the property or some type of altered buffering method. Commissioner Marino stated there is a big.chunk of undeveloped land that needs, to go into this plant and expansion is anticipated and pro- tecting'the plant and buffering it is consistent with the general plan. Mrs. Genevieve~Meyers spoke in opposition to the acquisition. Commissioner Marino stated he was not sure to make a recommendation for fee'.title acquisition or where the Council Should take it from there. Chairperson Rosenlieb stated that generally speaking it would be a good idea to have a buffer around the sewer-farm so there won't be residen- tial units built ri.ght next to the sewer farm, and suggested that the- city should talk more with the residents or that a committee of the Commission should sit down and try to come up with alternatives on what is the best way to achieve a buffer. Deputy City Attorney, Laura Marino commented that-discussions could take place, however~negotiations with property owners would not be appropriate until there is a consistency finding. Commissioner Powers stated that other uses could probably be found for that buffer zone. Commissioner Anthony stated his concern that more communication has not been included into this proposal with the residents involved and would like to see a recommendation be made that a particular committee meet with a delegated group of residents to discuss options and come up with a plan that is .agreeable to all parties. Minutes, P1}C, 7/19/90 Page 5 3.PUBLIC HEARING'- GENERAL PLAN CONSISTENCY FINDINGS ON THE PROPOSED ACQUISITION OF 440 ACRES OF LAND FOR BUFFERING WASTEWATER TREATMENI e PLANT NUMBER THREE (continued) Commissioner Anderson stated that he would have a.hard time voting for anything that involved'displacing someone from a residence they.have occupied for many y~ars or many days is not something that the city should be involved unless there is a definite danger to the occupants in that area. He then.asked if there was an alternative to finding this consistent with the 2010 to at least sit down and talk with these people. Deput~ Attorney Marino replied there was nothing that the Planning Commission could do other than finding this consistent with the General 'Plan that would accomplish the city's goals. Motion was made by Commissioner Powers to find the proposed acquisition of 440 acres of County land for buffering Wastewater Treatment Plant 3 from surrounding residential development in conformance with the Metropolitan Bakersfield 2010 General Plan as to its location, purpose and extent as required by Government Code Section 65402(c) and recom- mended staff to contact property.owners and pursue alternatives prior to the City Council meeting. Motion was seconded by Commissioner Marino, and carried. Commissioner Anderson voted no. A FIVE-MINUTE RECESS WAS TAKEN VERBAL COMMUNICATIONS Presentation of a plaque and resolution recognizing past Planning Commissioner David Milazzo for his years of service with the Commission was made by Planning Director Hardisty. Depu'ty Attorney Marino apprised Commission of the Brown Act and con- flict of interest laws. COMMISSION COMMENTS Committee Name Changes and Assignments Chairperson Rosenlieb requested that the Subdivision & Underground Utilities be changed to Subdivision and Public Services because public services is an element of the 2010 Plan and covers general utilities, sewers, landfills, etc., and the Bicycle Routes to Bike/Pedestrian Ways and Trails to be more consistent with the terminology in the Circulation Element. Chairperson Rosenlieb referred to the Council minutes of June 27, 1990 regarding a response to the Planning Commission regarding the plan line for the proposed Westside Freeway and read the minutes outloud for the Commission's knowledge. Chairperson Rosenlieb indicated-that the Subdivision and Public Services Committee met regarding the issue of wall and landscaping indicating they are.~not looking at signage on the wall. Minutes, P1/C, '7/19/90 5. COMMISSION COMMENTS (Continued) Page 6 Commissioner Marino requested that the General Plan committee meet as well as the Bike Committee. Mr. Hardisty gave an update on the Parks Committee indicating that the C. ounci! asked staff to return on July 25th w'ith the Ordinance reworked to be response to all of the concerns raised. A memorandum was sent to them asking that staff be given until September 5th to work on this a little bit more. .Commissioner AndersOn'asked for a status rePort on the sign ordinance .regarding billboards. Mr Hardisty indicated that consideration will be given by the Urban Development Committee on August 6th. Commissioner Anthony asked about the status on the Development Agreement regarding Sanwa-Bank. Mr. Hardisty indicated that the Development Agreement is scheduled to go to Council~ on July 25th with additional changes that were recom- mended by the Commission. 6. ADJOURNMENT There being no'further business to come before the Commission, meeting was adjourned at 8:20 p.m. Isabel Williams Recordinq Secretar~