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HomeMy WebLinkAbout06/04/92 MINUTES OF THE REGULAR MEETING -. -~ - -OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, June 4, 1992, 5:30 p.m,, City Council Chamber, City Hall,. 1501 Truxtun Avenue, Bakersfield, California. 1.' ROLL CALL' COMMISSIONERS: 'Present: JIM MARINO, Chairperson STEVE ANDERSON, Vice Chairperson -JEFF ANDREW STEVE MESSNER DARREN POWERS KATE ROSENLIEB C. ROBERT.FRAPWELL ' Absent: ADVISORY MEMBERS: Present: DAVID COHN LAURA MARINO, Deputy City Attorney FRED KLOEPPER, Assistant Public Works Director CALVIN'BIDWELL, Building Director STAFF.: PUBLIC sTATEMENTS' .Present: JACK HARDISTY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner JIM EGGERT, PrincipalPlanner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary No one made any public statements at this time. Chairman read the-notice of right to appeal as set forth on the agenda. Commissioner R0senlieb stated she had been contacted by Roger McIntosh who requested that a motion be made to move several agenda items to the back of the agenda because representation was unable to be present at the beginning of the meeting. She stated her willingness and therefore made the motion, seconded by Commissioner PoWers to move agenda item numbers 5.1, 5.4, 6.1. and 6.3 to-be heard: after agenda item #9. Minutes, PC, 6/4/92 ' 3. . WALL'AND LANDSCAPE PLAN. TENTATIVE TRACT 5362 Page 2 Staff report was given. 4.1 Ralph Adame represented the applicant. He stated he concurred with conditions of approval. ~ Recommended action was read by the Chairman. Responding to a-qu~stion by Commissioner Anderson, Mr. Hardisty said the caps of the block wall will be manufactured rather than roll. Motion was made b~ Commissioner Powers, seconded by Commissioner Anderson to approve wall and_landscape plans for Tentative Tract 5362 with the exception~ of propos_ed signage, subject to conditions on Exhibit "A" attached to the staff report.- Motion carried.- PUBLIC HEARING - TENTATIVE PARCEL MAP 9723 Commissioner Powers abstained due to a conflict of interest in that his employer is the property owner, however he remained seated. Commissioner Andrew abstained due-to a possible conflict of interest in that he rePresents the subdivider on other properties, however he remained seated. Commissioner Anderson abstained due to a conflict of interest because he was not-involved in Other portions of this hearing and his company has provided services in the last year. Staff report was. given. Because this was a continued item, public portion of the hearing remained open; noone spoke in opposition: Jim Redstone represented the applicant. JUne 4, 1992. Public portion of the hearing was closed. Chairman read 'recommended action. He concurred with revised conditions of Minutes, PC, 6/4/92 Page 3 Motion was made by Co~hmissioner Rosenlieb, seconded by Commissioner Messner to make all findings set forth in the staff report, and to approve Proposed Tentative Parcel Map 9723, subject to the conditions outlined in the Exhibit "A" attached to the staff report and as revised June 4, 1992, with the following ~change: Item 2, Sentence 2 shall be changed to read: The cost shall be based upon an engineer's estimate provided by the City Engineer. Item #3, second line, last word to be corrected to read "with" With clarification ~hat the commission was looking at the map as provided on the June 2nd memo-from the Planning Director. Motion carried. Commissioners Andrew, Powers and Anderson abstained from voting. 4.2 PUBLIC HEARING - TENTATIVE PARCEL MAP 9798 5.2 Staff report was given. Since this was a continued public hearing, public portion remained open. No one spoke in opposition. Maurice Etchechury. repreSented the applicant. He stated he had submitted to the Planning Department a request for a one-month continuance. Mr. Hardisty stated the calendar for June 18 and July 2nd are quite full. He said he anticipated July 16, 1992 meeting may be easier to accommodate the continuances. Motion was made by Commissioner Rosenlieb, seconded by Commissioner p°Wers to continue this item to the regular meeting of July 16, 1992. Motion carried. PUBLIC. HEARING - TENTATIVE TRACT 5600 (VESTING) Staff report was given. Public portion of the 'hearing was opened; no one spoke in opposition. Minutes, PC, 6/4/92 Page 4 Greg Gibbons represented the applicant. He stated his opposition to paying local traffic mitigation costs at:time of recordation of the map because it is getting more difficult to obtain financing. He asked that they be allowed to delay it until building permit stage when regional fees are paid. Mr. Kloepper stated he understood the situation as it relates to developers, however it is a necessity because it could cause serious bookkeeping problems. He recommended the .condition be left ~as stated. Commissioner Anderson was concerned about the ever-increasing impossible situation surrounding financing for development. Mr. Kloepper cited the possibility: for error if this is allowed to happen on permits, stating it would slow the Process and require more staff time. Discussion continued regarding this issue. Mr. Gibbons stated his concern regarding the expense of developing property . saying each 'fee adds to the total cost. Mr. Gibbons responded to a question by Chairman Marino saying the balance of the conditions are acceptable. Public portion of the hearing was closed. Commissioner Powers felt the points raised by Mr. Gibbons were valid. Mr. Kloepper said the map will be recorded in phases, with fees being paid in segments which he felt may bring about some relief for the applicant. Chairman Marino read recommended action. Commissioner AndreW stated his understanding for Mr. Gibbon's situation and would agree With Commissioner's Anderson and Powers comments regarding the delay of fees. Commissioner Rosenlieb suggested the tract be approved as proposed by staff, however-send the issue to committee for immediate study, stating she concurred with comments made by other commissioners. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Frapwell to approve and adopt the Negative Declaration, to make all findings set forth in the staff report, and to approve Proposed Tentative Tract 5600 subject to the conditions outlined in the Exhibit "A" attached to the staff report, with the addition of the condition as outlined in the memo from Public Works dated June 3, 1992. Motion carried. Minutes,: PC, 6/4/92' Page 5 ' Commissioner Powers recommended the traffic impact fee issue be sent to the Joint C'ity Council/Planning Commission committee. Commissioner Marino stated his agreement with comments made by other Commissioners and the committee, saying he is on this.committee with Commissioner Anderson as alternate. He stated with the agreement of -CommissiOner-Anderson he would allow Commissioner. Anderson to take his place on the committee. ~ Motion was-made by Commissioner Rosenlieb, seconded by Commissioner Powers .to send the topic of collecting traffic impact fees to the joint Planning Commission/City Council ~committee with the intent that the meeting be set as soon as possible. Motion carried. PUBLIi2 HEARING - TENTATIVE'TRACT 5603 Commissioner Rosenlieb abstained due to a conflict:of interest in that her emplOyer owns property .within 300 feet. Staff report was given. - - Public pOrtion 0f~the hea~ingwas opened; no one spoke in opposition. Ron Johnson represented lthe applicant.- conditions of approval. He stated their agreement with Public pOrtion-of the heating:was Closed. Chairman read recommended action as outlined in the staff report. Motion. was made by Commissioner Powers, seconded by Commissioner Messner to approve and-adopt'the:Negative Declaration, to make all findings set forth in the-Staffreport, :and to approve Proposed Tentative .Tract 5603 'subject to the conditions outlined i.n the:Exhibit "A" attached to the staff report. Motion carried. Commissioner~R0senlieb was absent. Motion was made by commissioner. Powers, seconded by Commissioner Messner to make all findings in the staff report for modifications, and approve the modification ~of lot frontage from 60 feet to 55 feet as shoWn on the map. Motion carried. CommissiOner Rosenlieb was absent. -Minute. s,-PC, ~6/4/92 5.5 - puBLIC HEARING - TENTATIVE TRACT 5624 Staff. report was given. Page 6 Public portion of the 'hearing was opened; no one spoke in opposition. Tom Teagarden represented the applicant. Regarding page 5 of 5, exhibit "A", Condition #7 he.requested that the following wording be added to the end: "or provide a masonry-wall along the east end of the cul-de-sac, 200-foot maximum or t00 feet at the end of each street to alleviate potential safety hazards.'; Mr. Hard;sty Stated his agreement with this. Responding tO a question!.by Commissioner Powers, Mr. Teagarden said he was not sure if the lots in question Would. meet the square footage requirement. Mr. Kloepper emphasized Public Works reluctance to approve the sump, stating they are going to Work .with the developer to eliminate it. Public portion of!the .heating was closed. Commissioner Rosenlieb recommended the following additional wording for Condition #7: "or provide.'a 6-foot masonry wall, 6 feet from side of highest grade." Responding to a ques-fion by Commissioner. Powers, Mr. Kloepper said the likelihood is good that arrangements can be made for the drainage to be collected off-site. Regarding a question by Chairman Mar;no, Mr. Teagarden said it would be difficult to use other-sumps in 'the area. Chairman Mar;no stated his agreement with Commissioner. Rosen,lieb's amendment to the conditiOn. Motion was made.by Commissioner Rosenlieb, seconded by Commissioner Powers to approve and adOpt the Negative Declaration, to make all findings set forth in the staff report, and to approve the modification of street 'frontage from 60 feet to 57 feet and.approve ProPosed Tentative Tract 5624 subject to the condition's .outlined in ~he :Exhibit "A" attached to the staff report, with the following amendment: 'Minutes, PC, 6/4/92 'Page 5 of 5, Item #7 shall read as follows: Page 7 The subdivision shall be designed to provide a rear yard to rear yard relationshipl to' adjacent properties or in .the ~event drainage must be' -handled on Site will provide a six-foot high (as measured from the .grade of the tract) masonry wall along the east end of the cul-de-sac "not to exceed 200 feet or 100 feet at each cul-de-sac. 6.2 Motion carried. FILE 5307 -- APPLICATION BY DAVID MANNING TO AMEND THE ZONING BOUNDARIES FROM R-S (RESIDENTIAL SUBURBAN) ZONE TO 'AN .R- 1-10,000. (ONE FAMILY DWELLING- 10,000 SQUARE FOOT MINIMUM LOT SIZE), OR MORE RESTRICTIVE ZONE FOR 4.96 +/- ACRES LOCATED SOUTH OF HOSKING AVENUE BETWEEN WIBLE ROAD AND AKERS ROAD. Staff reportwas given. Pt~blic Portion' of the liearing was. opened; Greg Gibbons represented-the applicant. with the conditions-of approval. Public portion of the hefiring was closed Chairman read recommended action from the staff report. no one spoke in opposition. He stated Mr. Manning's agreement Motion was made bY. Commissioner Rosenlieb, seconded by Commissioner Anderson to make finding, set forth in the staff report and approve the zone change as proposed and advertised, subject to the following condition and recommend adoption of. sfime to the City Council. Minutes,_ PC, 6/4/92 Page 8 Access to homes developed in the project area shall only be allowed from single family residential zoning to the west of the project area. No access through agricultural zoning will be permitted to serve homes in the project area. Motion carried by the following roll call vote: AYES: Commissioners Anderson, ~Andrew, Frapwell, Messner, PoWers, Rosenlieb, Marino NOES: None ABSENT: Commissioner Cohn 7. FILE 5300 -- APPLICATION BY TELSTAR ENGINEERING TO PREZONE TO R-1 18,000 (ONE FAMILY DWELLING-MINIMUM LOT SIZE 18,000 SQUARE FEET), OR MORE RESTRICTIVE ZONE OF SAID PROPERTY LOCATED EAST OF Jt~WETTA AVENUE APPROXIMATELY 800 FEET NORTH OF BRIMHALL ROAD KNOWN AS THE BRIMHALL NO. 3 o ANNEXATION Staff report was given. Public portion of the hearing remained open since this was a continued hearing. A continuance was requested by the applicant. Motion was made by Commissioner Powers, seconded by Commissioner Messner to continue this item to the regular meeting of July 16, 1992. Motion carried. GENERAL PLAN CONSISTENCY FINDING - 1701 CHESTER AVENUE Staff report was given. Commissioner Rosenlieb Stated she had concerns regarding the acquisition of this property and therefore had trouble determining if she could find this consistent with the general plan. In response to a question by her, Mr. Hardisty said this would be reviewed with respect to the downtown Redevelopment Element of the General Plan which contains a strong policy toward maintaining government offices in this vicinity. Commissioner Rosenlieb stated she could not support this' motion. Minutes, PC, 6/4/92 Page 9 Responding to a question, by Chairman Marino, Mr. Bidwell said this building is not on the unreinforced masonry list. Commissioner Anderson Commended the City for attempting to mitigate cost for housing of their departments, before using taxpayers money fOr construction of a new building. Motion was made by Commissioner Anderson, seconded by Commissioner Frapwell to make finding~pursuant-tO Government code Section 65402 that the proposed acquisition of real property for City offices is consistent with the general plan.- Motion carried. COmmissioner Rosenlieb voted no. 9. RESOLUTION OF BY'LAWS Mr. Hardisty gave staff relport on changes to this item. Responding to comments by Chairman Marino, Mr. Hardisty said it is not unusual for changes to be made to resolutions in a piece-meal fashion being brought back at a later date in a single document. Commissioner Rosenlieb said Page 6, Items E and F are still incorrect, referencing the minutes of the meeting of April 16, 1992,-Page 3. She felt this item should be continued .in order for these changes to be made. Commissioner Powers said he saw no reason for this resolution, feeling stuff should simply send this along as previously approved. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Anderson to continue this item to the next regular meeting with the intent that staff reword Items E and F. Chairman Marino stated he did not want this item continued to the June 18, 1992 meeting because-of the volume of cases on this agenda, and depending on what happens on item 10.b the .commission may wish to discuss anOther resolution. He stated he would not support the. motion. Commissioner Rosenlieb amended her motion to bring this item back to the July 16, 1992 meeting. Commissioner Anderson seconded the amended motion. Motion carried. Commissioner Powers voted no. Minutes, PC, 6/4/92 Page 10 6.1 FILE 5259 -- APPLICATION BY MARTIN-MCINTOSHTO AMEND THE ZONING BOUNDARIES FROM A-20-A (AGRICULTURE-20 ACRE MINIMUM LOT SIZE) TO AN R-1 (ONE FAMILY DWELLING) OR MORE RESTRICTIVE ZONE FOR 46 +/- ACRES LOCATED SOUTH OF :BRIMHALL ROAD, EA~ST OF JEWETTA AVENUE,-WEST OF CALLOWAY DRIVE, NORTH OF THE CROSS VALLEY CANAL. C0mmissioner'Anderson'abstained due to a conflict of interest in that his firm is providing services to the fipplicant. Update of the Staff report was gik, en. Public portion of hearing ;on this item remained' open since it was a continue public hearing.' Frank Fekete,' Schools :Legal-Service and Counsel for the R0sedale School District spoke: He referenced a letter of June 4, 1992, from Stephen Hartsell ' ~ which states their' p-ositior/. He stated their concurrence with staff's -recommendation 'of the inapproPriateness of approving a negative declaration. He stated they have' identified in letter from Gary Mulhoffer, that this project will have a substantial.impact on the environment because of new enrollment imposed On the school district, which a negative declaration would not mitigate. He stated their responsibility is to identify impact saying he felt they have'clearly done this. Phillip Turner represented Castle& Cooke Development. He said the school district is obligated at the.outset'of making the-Murietta claim of showing the nexus betWeen the claimed impact and burden it will impose on the schools2 The Murietta document contains a list of issues which must be addressed in order to show the nexus..AB 1600 also sets forth comprehensive Criteria for showing the nexils, CommissiOner pgWers said he would' like to see this item continued to the. August 21, 1992 meeting with the commission requesting the school district-to present documentation as to 'how they arrived at their numbers in calculating the impact. Commissioner Andrew'stated his unsurety of whether the :information presented b3; the school 'district is substantial enough to demonstrate'impact. He asked that documentatiOn be provided from the district as basis for the letter, and felt this item should bec0ntinued.' 'Commissioner FrapWell asked that the City Attorney's office provide direction for the Commission to proceed on this issue. Minute~, pC, 6/4/92 Page 11 Responding to a quest!on by Chairman Marino, Mr. Fekete said the district will provide additional information and meet with the developer: He was of the :opinion that the school district, has met the substantial evidence requirement as requested ~by law. Don-Lindsay asked for a continuahce to July 16, 1992. CommiSsioner Rose_nlieb stated she met with Mr. McIntosh and discussed this issue. She felt substantial evidence' has not been presented. She said she would be Willing to prOCeed with the negative declaration if substantial evidenCe is not shown.: Discussion c0ntinued.with Mr. Hardisty regarding options available to the school district in this event. ' Commissioner Messner stated 'his' inclination is not to send this issue to committee, .feeling the two parties should be able to work out the solution. He felt the only options available at this Point are-continuance or denial, stating the school district needs to .bring fOrward informatiOn to show the nexus of impact of the development. - - GaryMuihoffe? said' the district's intent is to Work with the developer and they will shoW how they arrived at the house yield and costs of schools. -He stated they have tried to work With the-developers on this issue. RespOnding to a question'by Commissioner Powers, Mr. Mulhoffer was agreeable to a continuance'to July !6, 1992. ~ . Philiip Turner said they investigated the claims by the school district to the extent they could without having the indepth-study from the school district. Castle and Cooke h'as attended all meetings regarding the issue, however has-not been presented with background information on the numbers arrived at by Mr. .Mulhoffer.. He stated his agreement with the July 16; 1992 continuance. Chairman Matin0 was agreeable to sending this issue to a group from the Commission for a meeting with the applicant and school district with a report back. Commissioner pOwers was agreeable t° sending this item to a committee to bring forth a status..report as opposed to a decision-making meeting. Motion was made by commissioner Powersl seconded by Commissioner Rosenlieb to continued thisitem to the July 16, 1992 With a meeting of the zoning cOmmittee to be held in the interim preferably the week of July 16th to obtain a status .report on negotiations between the applicant and school district. Motion carried. CommisSiOner Anderson was absent. Minutes, PC, 6/4/92 Page 12 5.1 PUBLIC HEARING -.TENTATIVE TRACT 5544 -This was a continued public hearing. Updated ~ staff reP0r~:_was given. Public portion of the hearing remained opened. .Mr. Mulhoffer stated they do not feel it is appropriate for the .Commission to approve' the negative declaration on this item for the same reasons as stated in agen'da item #6.1 Don Lindsay represented the applicant, asking for a Continuance for the same reasons as stated in agenda item #6.1. Commissioner Rosenlieb said due to the design standards not being met on this tract she concurred with 'staff's recommendation 'that it be denied. She cited Mr. McIntosh's previous comment to her regarding the street in question being a local collector, saying she was not aware of any design standard for a "local collector," Stating she therefore concurred with denial of this tract, only on the basis of ' findings 1 and 2 of the staff- report-and not 3 and 4. Responding to a question-by Commissioner Powers, Mr. Lindsay said they met with staff on the issue in question and felt they had very good reasons for requesting it, stating he felt at the time that they had concurrence with staff. He said they would,'-however, 'discuss this with staff again and work to resolve it. Motion was made by Commissioner PoWers, Seconded by Commissioner Messner tO continue this item to the regular meeting of July-16, 1992. Motion carried. Commissioner Anderson was absent. Minutes, PC, 6/4/92 Page 13 6.3 FILE 5340 -- APPLICATION BY MARTIN-MCINTOSH TO AMEND THE ZONING BOUNDARIES FROM R-1 (ONE FAMILY DWELLING) TO P.U.D. (PLANNED UNIT DEVELOPMENT) ZONE FOR 21.47. ACRES LOCATED BETWEEN THE STINE CANAL ON THE NORTH AND SPRING CREEK LOOP ON THE SOUTH, APPROXIMATELY 450 FEET NORTHEAST OF WILD BEND LANE. Staff report was given. Public portion, of the hearing was opened; no one spoke in opposition. Don Lindsay was present representing the applicant. Responding to a question by Chairman Marino, Mr. Lindsay stated they concurred with all conditions as corrected by the June 3, 1992 memorandum. He stated for the record that they had met with the commissioners regarding this issue. Commissioner Andrew felt this is a well thought out plan and is needed in the city. Public portion of the hearing was closed. Commissioner Powers felt this project goes forward in meeting the needs of the first home buyer. Motion was made by Commissioner Powers, seconded by Commissioner Frapwell to make findings set forth in the staff report and approve Zone Change #5340 and recommend adoption of same to the City Council with the conditions in the memorandum from. the Planning Department dated June 3, 1992. Motion carried by the following roll call vote: t AYES:' Commissioners Andrew, Frapwell, Messner, Powers, R°senlieb, Marino NOES: None ABSENT: Commissioners Anderson, Cohn :Minutes, PC, 6/4/92 5.4 PUBLIC HEARING- TENTATIVE TRACT 5617 Page. 14 Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Don Lindsay represented the applicant: He stated his concurrence with the staff report and conditions with the exception of Item #6, Page 1 of Exhibit "A" which refers to Assessment District 86-2. He said it should read "82-1". Mr. Kloepper concurred with this change. Public pOrtion of' the hearing was closed. Motion was made by Commissioner Messner seconded by Commissioner poWers to approve and adopt the Negative Declaration, to make all findings set forth in the staff report, and to approve PropoSed Tentative Tract 5617 (Optional Design) subject to the conditions outlined in the Exhibit "A" attached to the staff report, with the following change: EXhibit "A'-', it'em #6 maintenance assessment district number shall be changed to "82-1." Motion carried. COMMUNICATIONS A) B) Written Verbal Mn Hardisty referred to the proposed public hearing before the Board of Supervisors.on alternative alignment proposals for th6 Kern River Freeway east of Coffee Road which will be held on June 15, 1992. He noted for the Commissioners the retirement dinner for City Manager Dale Hawley being August 7, 1992. He stated a memorandum would be prepared before the next hearing for the Commission regarding Commissioner Rosenlieb's request for update on nUmber of subdivisions, lots, densities, etc. in the Polo Grounds. Regarding the school task force committee he stated it has become somewhat stymied by difficulties in coming to uniformly accepted. mitigation on impacts to schools. Minutes, PC, 6/4/92 'Page 15 He said the Habitat Conservation Committee is meeting on June 5, 1992 to give a status report. DiscusSion of conduct of business at- pre-meeting Chairman Marino stated this was a request of Commissioner Anderson who was not-present. This item was drOpped from'discUssion. 11. COMMISSION COMMENTS 12. None ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 8:12 p.m. Laurie Davis