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HomeMy WebLinkAbout04/02/92MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, April 2, 1992, 5:30 p.m., City Council Chamber, City Hall, 1501 Tmxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: JIM MARINO, Chairperson STEVE ANDERSON, Vice Chairperson TERI BJORN DAVID COHN STEVE MESSNER DARREN POWERS . KATE ROSENLIEB C. ROBERT FRAPWELL, Alternate ADVISORY MEMBERS: Present: LAURA MARINO, Deputy City Attorney FRED KLOEPPER, Assistant Public Works Director CALVIN BIDWELL, Building Director' STAFF: Present: STANLEY GRADY, Assistant Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner JIM EGGERT, Principal Planner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary 2. PUBLIC STATEMENTS No one made any public statements at this time. Chairman read the notice of right to appeal as set forth on the agenda. Minutes, PC, 4/2/92 '.'Page 2 AMENDMENT TO PLANNING COMMISSION BY-LAWS - CONDUCT OF MEETINGS Commissioner Rosenlieb stated regarding Page 3, Item A she would like to see it changed to say that the Commission may vote to establish time limits instead of the chair only. -Regarding Item F she said she did not feel an amendment needed to be made to include either this item or that proposed by Commissioner Marino. Regarding Item D at the end of the page, last sentence regarding no member being allowed to speak after the beginning of the presentation she felt a need exists to be able to ask someone from the public a question in which they could reSpond. She felt the wording "except to answer a commissioner question" could be added. Chairman Marino asked-for clarification about the intent of Article 2(D), Mr. Grady said it was the intent to clearly identify that the Monday pre-meeting was not the place 'to take testimony that would influence the decision.' Responding to a question by Commissioner Anderson, Mr.-Grady outlined Robert's Rules definition of debate as it relates to Item #1 of the memo dated March 13, 1992. The purpose of the memo is to identify procedures occurring that are not consistent with Roberts Rules of Order and provide the Commission with opportunity to make amendments if they wish to deviate. Discussion continued regarding amendments to Roberts Rules to allow for more flexibility. Commissioner Powers stated his satisfaction with the' current operating procedures. He agreed with the recommendation by Commissioner Rosenlieb that the CommissiOn vote to establish time limits. He felt Item D should be removed. He was in agreement with the substitute language for Item F which was distributed at the pre-meeting. Regarding Items E and F Commissioner Marino said the Commission is not supposed to be interfering with the public hearing in any way' under Roberts Rules. Discussion and debate comes at the close of the public hearing. He · stated he understood staff's opinion that the public should have knowledge of the recommendation. He agreed with staff in that some form of order needs to be implemented saying the amount of commission discussion and debate among the Commission during the public hearing is disruptive and unfair. He stated he has received complaints during his tenure as chairman for being too lax and allowing the public hearing portion to get out of hand. He felt if "D" were left in the potential for this would continue to exist. He said he did not feel a necessity to change the rules c~f order. Regarding Items E and F he stated he could see where they would expedite things. Staff is not recommending that changes be made bUt that the Commission follow the'rules. MinUtes, PC, 4/2/92 Page 3 Commissioner Cohn felt'it is important to have rules in a forum such as this, however he would not like to see the implementation of rules that would stifle -and inhibit debate. He felt the most important thing accomplished on the commission is the debate of items resulting in reasonable solutions to difficult Problems. He said he did not feel the need to have a change in the rules as it relates to discussion with the public at the pre-meeting. He disagreed with Chairman Marino's comments that the Commission is sloppy stating he did not feel the Commission's conduct during hearings has reflected badly upon this body. He stated his opinion that the openness of the Commission has encouraged the public to make whatever comments they feel are appropriate. He felt if the Commission will be under such stringent guidelines with respect to debate that it willinhibit debate, he would not support the changes. Commissioner Powers agreed with all of Commissioner Cohn's comments saying to take away the flexibility the Commission has had would be a disservice to the pUblic. He suggested a compromise on Item D to be changed so that the Commission may ask questions of staff only during the public portion of the hearing. He. 'felt misinformation is often given to the public unintentionally and felt this may be a way of clarifying it at the time it is discovered. Commissioner Messner agreed he would not want to take any action that would inhibit debate and the open forum the Commission has provided, saying this is something he has heard positive comment on. He said he has been concerned with debate during the public portion of the hearing being diverted. He said he would like to see something along the lines of what Commissioner Powers recommended by allowing the Commission to ask questions of staff only. Chairman Marino felt it would be a good idea to allow staff to answer questions during the public hearing or to clarify for the public what the request entails. Commissioner Rosenlieb said she has not seen the Commission act in an unprofessional manner with one exception. Questions of the public should be allowed to be asked for clarification purposes. The Commission is overreacting because of one incident. She felt the Commission should be allowed to ask questions of the applicant at the pre-meeting in order to obtain facts. Minutes, PC, 4/2/92 -Page 4 Commissioner-Bjorn felt the first item D would not be taking aWay the · Commission's flexibility, however is simply attempting t°' distinguish between questions and debate. In response to a question by .Commissioner Bjorn regarding Item 2-D, Attorney Sherfy said the last sentence is not required by the Brown Act. Any testimony taking place at the pre-meeting would have to be repeated at the hearing in order to be taken into consideration. Commissioner Bjorn said she did not have a problem with Item D as written, however would like to see a revision so that the Commission would comply with the Brown Act but would have the flexibility of asking questions during staff presentations. Chairman Marino said he maintains his original position especially as it relates to public hearings. He felt the question is not a just a question of order but a question of demeanor also. He felt during the public portion the Commission should have the professionalism to allow staff to answer questions and not get involved. He did not feel it is right for the commission to use' the public hearing time to debate. Commissioner Anderson suggested that each commissioner give a brief summary of the changes they would like to see therefore stating he would not be willing to support anything that would require the Commission to make a motion before they were able to have debate. He agreed with the need to limit interference with the public hearing. He felt it should be permissible to ask questions of the aPplicant because it is. necessary to avoid perpetuation of erroneous information. He felt if done properly it would not interfere but aid in the process. Commissioner Rosenlieb said she would like to see Item Achanged to read: The Commission may vote to establish time limits She also stated she would like to see the second Item D amended as per Commissioner Bjorn's suggestion that would allow for clarification questions, not debate and if it needs to be restated at the Thursday night's meeting it could be stated as such. Commissioner Messner said he would agree to the change in Item A from Chairperson to Commission. He said he is in favor of striking the words "or the public" in Article 6-D. He said he felt more comfortable with the substitute motion submitted by Chairman Marino for Article 6-F. He was in favor of Commissioner Bjorn'scomment on Item 2-D. Commissioner Powers agreed with all of Commissioner Messner's comments, however he was undecided on Article 6-D and Item #2-D. Minutes, PCi 4/2/92 Page 5 CommisSioner Cohn'wasin agreement with the change to Item "A" to replace Commission with Chairperson. Regardiffg item D he said he would not agree to strike the words "or the public" because he wants to option of asking the public questions. With respect to Item F he stated he did not want to be in the position of having a large number of motions on the floor. Regarding Item 2-D he felt it is appropriate to be able to ask questions-at the pre-meeting. Commissioner Bjorn concurred with Commissioner Rosenlieb's comments regarding Item A and Item 2-D she stated she concurred with Commissioner Rosenlieb's summarY. Item 6-D she stated she was in agreement with it as currently written. Regarding Item 6-E -she felt it would be a good idea for the chairperson to restate staff's recommendation which she felt could be the motion on the floor that opens the debate. She therefore was not in agreement with' Item 6-F which she felt would-make the debate seem too technical. She said she liked the open-debate situ. ation as it exists and felt the Commission could satisfy Robert's Rules by having the staff's recommendation as the motion for the basis for debate. Responding to a question by Chairman Marino, Attorney Sherfy said it would be proper.for the alternate to make a comment. Alternate Commissioner Frapwell said he would be in. agreement with substituting the Commission for Chairperson in Article A and would like to see Item 2-D remain as is. Regarding Item '6-E he felt it was a good idea that the recommendation be read so that the public is aware of what staffs recommendation is. He felt Robert's Rules of Order should be followed. He was in favor of Commissioner Bj0rn's Suggestion that the Commission be allowed to ask questions of the public at the pre-meeting, however not getting into debate, at the same ~time informing the public that information brought up at this hearing should be brought up at the hearing in order to be considered. Chairman Marino said his first choice would be to use the current rules of order. before proceeding to change. Regarding Item A he stated he had no preference. Regarding Article 6~D he said he felt the abuse of questioning of the public is unprofessional. There is ample time to debate after the close of the hearing.- Staff should explain and clarify issues during the public hearing. Regarding Item E he felt it would work better if the Chairman read the motion. He stated his impression of Item F is that it verY closely resembles Roberts Rules and stated he would not object to doing it either way. He stated his agreement with Commissioner Bjorn's proposal as it relates to Article 2-D. Motion was made by COmmissioner Cohn, seconded by Commissioner Powers to continue this item to the next regular meeting of April 16, 1992. Minutes, PC, 4/2/92 Page 6 Responding to a question by Commissioner Bjorn, Mr. Grady said a resolution would be prepared for the next hearing which incorporates changes suggested at this hearing. Regarding disagreement he stated he would enter staff's recommendation allowing the Commission to resolve it amongst themselves. Motion carried. 4. pUBLIC HEARING - TENTATIVE PARCEL MAP 9758 Staff report Was given.-Mr. Lee stated Public Works is recommending deletion of Condition #'s VII-B and C and Item VIII-E. public portion of the hearing was opened; no one spoke in opposition. Raymond stene represented the applicant. conditions. ' He stated he agreed with the Public portion of the hearing waS closed. Chairman Marin° read the motion. R~sp°nding to a question by CommiSsioner Powers, Mr. Kl0epper said the reason for deletion of Item VIII-E is that 0riginallyit was recommended by staff because there will be trenching in the street. After personally visiting the site he found it will not be detrimental with the longitudinal patch. Responding to a question by Commissioner Rosenlieb regarding the deletion of Fire Department conditions, Mr. Grady said the conditions were advisory, therefore not needed in the staff report. Motion was made by COmmissioner Anderson, seconded by Commissioner Powers to make all findings set forth in the staff report, and to approve Proposed Tentative Parcel Map.9758 subject to the conditions in the Exhibit "A" attached to the staff report, with the following changes: Deletion of items VII-B & C and Item VIII,E, Page I of Exhibit "A" conditions. Motion carried. Minutes, PC, 4/2/92 Page 7 5.1 PUBLIC HEARING - TENTATIVE TRACT 5544 ' 6. FILE 5259 -- TIME SET FOR PUBLIC HEARING ON AN APPLICATION BY MARTIN-MCINTOSH TO 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 PROPERTIES LOCATED SOUTH OF BRIMHALL ROAD, EAST OF JEWET'FA AVENUE, WEST OF CALLOWAY DRIVE, NORTH OF THE 5.2 CROSS VALLEY CANAL. (Negative Declaration on file) Commissioner Anderson abstained on both items dUe to a possible conflict of 'interest in that his company is providing services to the applicant. Since .the item was requested to be continued he remained seated. Motion was made'by Commissioner Rosenlieb, seconded by Commissioner Bjorn to. hear Agenda Item #6 concurrently with this item. Motion carried. Staff report was waived. Public portion of the hearing was opened; no one spoke in favor or opposition. Motion was made by Commissioner Bjorn, seconded by Commissioner Powers to continue these items to the next regular meeting of April 16, 1992. Motion carried. Commissioner Anderson abstained. PUBLIC HEARIIqG - TENTATIVE TRACT 5276 Staff report was given. Public portion of-the hearing was opened; no one spoke 'in opposition. Roger Mclntosh represented the property owner. He stated his concerns about Condition III - Fees stating they concur with the amounts except item d. regarding State Highway 178 and Morning Drive saying the State is paying half of the signal. He therefore requested the condition be reworded to read 22% of $87,500 equal to $19,250. Mr. Kloepper said there is no guarantee the State will pay half. He proposed it be left as is with the agreement there will be a refund if the State does fund their half. Mr. McIntosh was agreeable to this. Regarding Condition #VIII-B.2. he asked that the last sentence be deleted becauSe their concern is that they are contributing 22 percent to the total need and are concerned about what would come. first the signal or connection. Mr. Kloepper was in agreement with the removal of this line. Regarding Condition #VIII.B.3. Mr. McIntosh requested it be deleted in it's entirety because he felt it could be handled during the P.C.D. process. Mr. Kloepper said this condition is in place Minutes, PC, 4/2/92 Page 8 becaUse it is felt it would be beneficial for residential use to complete the · circulation pattern in the area and is triggered by adjacent developments. Mr. McIntosh said the traffic study does not warrant this connection. Two points of access are being provided. Mr. McIntosh said the memo dated April 2, contains a condition which addresses this issue, and would be acceptable to him. Regarding Condition VIII.D. of Public Works conditions he asked that the following wording be deleted "and approval of grading plans", because they do not see the necessity of obtaining approval of the grading plan prior to submittal of improvement plans. Mr. Kloepper was.agreeable to this. Regarding Condition #1 of the same condition Mr. McIntosh felt it would be redundant to resubmit this when it has already been shown and hpproved on the tentative map. Mr. Kloepper felt the condition is an effort to operate more efficiently on the part of the City, he was however agreeable to the deletion due to the applicant's strong opposition to it. Regarding condition .#5. and 6. of the same condition D he requested they be removed. Mr.' K10ep. per suggested that the following sub-heading be added for these conditions to read as follows: "Prior to approval of plans the following shall be completed:" He noted that often it is difficult if approved street names do not exist on the improvement plans because they may change in the process.' Regarding the April 2nd memo, last condition under Miscellaneous he said the easements are controlled by Southern California Edison' which has the right to Construct and maintain them in any way they see fit. It has been very difficult to obtain development approval from them regarding these easements. He stated his concern about the maintenance of the easement possibly violating State or Federal. Law because of the natural habitat. He asked that this condition be deleted. Mr. Kloepper said the intent on rewriting the condition was to establish a means to keep the easement area in a respectable condition for an urban environment. He said the cost to maintain the area would be approximately $60 to $80 per year. Mr. McIntosh Stated his agreement with deeding the easements to Southern California Edison as an alternative. Regarding Condition #5 of Building Department conditions he asked that the following wording be stricken "and shall be located and adequately marked at the site by a surveyor." -Mr. Bidwell stated he had no objection to this change. Regarding Condition #3 of Fire Department conditions he stated they are agreeing to construct about 160 feet of off-site improvements~which are not on the developer's property and will provide a secondary access road, therefore he asked for deletion of this condition. Henry' Pacheco, Fire Department representative felt as long as secondary access is being provided there Would be no problem with this request. Regarding finding # 12 of the staff report, Mr. McIntosh said the agreement referenced addresses mitigation measures and .therefore he was concerned about violating Federal or State Law. Regarding the memo dated April 1, 1992 from the Planning' Department he stated his agreement with all conditions except Condition #9 requesting it be rewritten as follows: "The R-2 zone designation on the southwest corner of Highland Knolls Avenue and Morning Drive shall be applied for rezoning to R-1 prior to recordation of Phases G, H, I, J or K." He felt that just Minutes, PC, 4/2/92 Page 9 applying for a zone change does not allow for automatic aPProval. Mr. Grady said zone changes haVe consistently been required on tracts for single-family development on R-2 zoned property. He stated his inclination to allow the change so that it be required prior to recordation of the phases as stated by the applicant, however he would not be inclined to change so that they are required to make application only, unless the Commission feels otherwise. Public portion of the hearing was closed. Responding to a question by Commissioner Rosenlieb, Mr. McIntosh said the park is 20 acres with a 3-1/2 acre cactus preserve within it. Greg Way said the intention of the powerline easement is that it remain in a natural state. Mr. McIntosh said they are currently working to facilitate the land trade which will be accomplished with the final map. Commissioner Rosenlieb stated she did not recall a development backing up to a water tank therefore there are no requirements for it. She felt it would be a double-fence-situation abutting the Water tank fence. She asked if water tank sites should be looked at-the same as oilwell sites and should a block wall be required for those residences backing up to it? Mr. Grady said requirements are available for block walls abutting commercial zoning. The ordinance requiring the' block wall is tied to the development on the commercial piece, not on residential. However, both have been done. Chairman Marino-read staff recommendation. Chairman Marino said he would be inclined to add the following wording in front of Condition XI.F. as follows: "At the-discretion of the City Engineer, ... Mr. Kloepper was agreeable to this. He also pointed out a necessary revision to the April 2, 1992 memo under #III Fees section so that numbers I and 2 will be 4 and 5. - Commissioner PoWers felt possibly the applicant should deed the easements to Southern :California Edison. Mr. McIntosh said they would be happy to try this, however he did nOt feel it ~would be accepted. Minutes, PC, 4/2/92 Page 10 Regarding Public Works Condition #XI.F. he asked if'the reason for this is for safety purposes. Mr. Kloepper said this Was correct and also for aesthetic purposes. Mr. Movius responded to a question by Commissioner Messner saying the mitigation management agreement was for 282 acres which includes the easementS. It does not specify management practices within the towerline easementS, therefore he felt Fish and Game would be hard pressed to say they are required to manage the cactus within the towerlines as well as setting up the preserve. Commissioner Messner said for safety purposes he would be agreeable to Condition #XI.F. with the wording suggested by Chairman Marino. Mr, Kloepper .Clarified for the Commission it is not the. intent With Condition #XI.F. that the developer be allowed to grade the entire area, but only enough to facilitate the mowing operation. Mr. Mclntosh recommended the following wording for the laSt sentence: "The Subdivider shall remove loose rocks to facilitate'such maintenance.'' Regarding a qUest!on by CommisSioner C°hn, Mr. Pacheco, Assistant Fire Chief, said fire hazard is a Concern with wood fencing and there are other concerns such as litter. Commissioner Cohn stated he was unsure about whether:the CommiSsion was adequately dealing with the eaSements and protection of the homeowners and aeSthetics. He said he was in favor of the committee looking at these isSUes. Commissioner Anderson asked regarding maintenance of the easement if Mr. Mclntosh is trying to organize or avoid a maintenance district on this property. Mr. McIntoSh said they are trying to figure a way to dispose of the property without disturbing it. Discussion continued regarding the fencing of the easement. Mr. McIntosh said he did not feel a chainlink fence would cause a problem concerning Southern California Edison. He did not feel they would'be willing to allow access to the easement for recreation purposes as Commissioner Anderson asked. Commissioner Anderson felt the need for maintaining this area saying he felt this could be worked out between the applicant and the Public Works Department. Responding to a question by Commissioner Anderson, Mr. Kloepper said he could work with the applicant on this issue. Commissioner Anderson stated his preference to take action on this item rather than it going to committee. Minutes, PC, 4/2/92 Page 11 Commissione~ Rosenlieb stated she would have liked to take action on this item, however there are uncertainties about the aesthetics of the area upon bUildout. She felt this item shOUld be referred to Committee. She said there is nbthing in the staff report to require a fence between the park and easement. Mr. Kloepper resPOnded to a question saying eventually the maintenance of the easement will default to the City. COmmissioner Rosenlieb felt some issues need further investigation. Mr. Mclntosh responded to comments by Commissioner Rosenlieb saying he fully intends to construct a block wall along Freeway 178 and Would agree to this as a condition.- Mr:: Grady responded to a question by Commissioner.Cohn that development has been approved in the past abutting tower line easements, however he was not aware of anY with easements on both sides. Mr. Bidwell cited an example of the same type of situation as this project. Commissioner Powers agreed a solution would probably not be found at this hearing for.problems which exist stating he felt a committee meeting was in order. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Powers to send this item to the Subdivision Committee and continue this item to the regular meeting of April 16, 1992. She requested that staff note the Commission's concerns on the block walls for the commercial site, water tank site and abutting the freeway, fencing along the park and the long-term maintenance of the easement, estimates of inclusion of it in a maintenance district. She asked that Southern California Edison be contacted for more information, and invite the applicant to the meeting. Responding to a question by Commissioner Cohn, Mr. Grady' said the time limit begins when the negative declaration is approved, which has not been done. Discussion continued regarding the applicable date. * 10-minute break was taken at this time. Attorney Sherfy cited Government Code 66452.1 subsections B and C saying the time period is 50 days which begins from the date of adoption of the negative declaration. Mr. Mclntosh said regarding Commissioner Rosenlieb's comments about a block wall that a noise study prepared showing the need for this wall up to a height of 12 feet in some places because of terrain. He asked that action be taken at this hearing. Motion carried. Commissioners Anderson and Marino voted no. Minutes, PC, 4/2/92 Page 12 PUBLIC HEARINGS - GENERAL PLAN AMENDMENT 1-92, SEGMENT IV, KERN RIVER PLAN ELEMENT AMENDMENT 1-92, SEGMENT II AND PREZONING #5275 Staff report and committee reports were given. Public portion of the hearing was open. Rich O'Neil spoke on behalf of the Kern River Parkway Committee. He stated their opposition to this project. He asked that the negative declaration be declared inValid and asked that an EIR be prepared to cover the annexation of Rosedale #5~ He said they were told that the zone changes were both consistent, but in fact are not. Dennis Fox spoke saying he would prefer the alignment be located as far north from the river as-possible for safety purposes. He felt the addition of the following language would be appropriate for the entire area: "Consider the retention or obtaining of appropriate areas adjacent to the rail and freeway or highway areas for use of a park and ride facilities." Public portion of the hearing was closed. Motion was made by Commissioner Powers, seconded by Commissioner Anderson to adopt resolution making findings as set forth in the staff report approving the Negative Declaration and approving the requested SI (Service Industrial) land use designation and recommend same to City Council. Commissioner Rosenlieb thanked those who spoke for taking the time to do so. Responding to a question by Chairman Marino, Mr. Gauthier stated staff did not agree with Mr. O'Neil that an EIR should be prepared for this project. No other agency or private individual wrote with any evidence that there was a significant effect which requires the preparation of an EIR. MOtion carried by the following roll call vote: AYES: Commissioners Anderson, Bjorn, Messner, Powers, Rosenlieb NOES: Cohn, Marino Minutes, PC, 4/2/92 Page 13 Motion was made by Commissioner Powers, seconded by CommissiOner Anderson to adopt resolution making findings as set forth in staff report approving the Negative Declaration and approving the requested 8.4/2.5 land use designation 'and recommend same to City Council. Motion carried by the following roll call vote: AYEs: Commissioners Anderson, Bjorn, MeSsner, Powers, Rosenlieb, Marino NOES: Cohn MotiOn was made by Commissioner Powers, seconded by Commissioner Anderson to adopt resolution making findings as set forth in staff report approving the Negative Declaration and approving the requested M-2, M-3, FP-P and FP-S zoning districts and recommend same to City Council. Responding to a question by Commissioner Rosenlieb, Chairman Marino stated his no vote on the first motion was due to his concern about the negative declaration being brought-into question. Commissioner Cohn stated he agreed with Mr. O'Neil's comments and therefore supported his position. Motion carried by the following roll call vote: AYES: NOES: Commissioners Anderson, Bjorn, Messner, Powers, Rosenlieb, Marino Cohn 8. PUBLIC HEARING - PROPOSED AMENDMENTS TO TITLE 16 - SUBDIVISIONS· Committee report was given by Commissioner Bjorn. She stated agreement had been reached on everything but status of the mineral owners signatures which is being recommended to be put aside and resolved at a later date. Regarding lot . sizes and widths there seemed to be an agreement among committee members as to the 6,000 square foot minimum, however debate as to deviation from this minimum. Public portion of the hearing was opened. Minutes, PC, 4/2/92 Page 14 Barbara Don Carlos ~epresented the Building Industry Association of Kern County. She stated they concurred with changes in the staff report and took a position of support.. She said they are in support of the statement of the staff report regarding reduction of minimum standards contained in the staff report. They are supportive of the ordinance with these changes in addition to the incorPoration of this paragraph. If the Commission chooses not to incorPorate this paragraph they would not be in support. Responding to a question by Commissioner Cohn, Ms. Don Carlos stated she assumed their committee was in agreement with Section "0" relating to lot width frontage because the issue was not raised by the committee. Public portion of the hearing was closed. Commissioner Rosenlieb felt possibly a task force should be organized to study the issue of mineral rights, stating she would like to see Commissioner Bjorn on this task force. She felt having rules on deviation of lot standards would speed up .the process. Mr. Grady cited the issues surrounding reduction of lot sizes. He stated staff's feeling after receiving information from the public is that the Commission folloW the State's lead on density bonus to bring about affordable housing. Commissioner Rosenlieb said she would like to see the Commission support staff's recommendation without the additional wording supported by the BIA. Commissioner Powers agreed there should be a typical standard, however- instancesexist which would require deviation. He cited examples of smaller lot sizes saying these are areas of the community which reflect pride and felt other areas could work the same. He said he would support the motion, however was not sure the language recommended by the BIA is the correct language, feeling the 'Commission needed to be more firm about the standard. He felt perhaps a fourth method could be accomPlished. Commissioner' Bjorn said she was leaning toward developing a fourth method beyond P.U.D., density bonus and optional design to allow deviation of minimum standards. 'She was in favor of #2 for 80.percent requirement because if there is a proposal for smaller lots it is on a tract-wide basis and will not be for one or two so that the applicant can squeeze more lots. She was in favor of #3 in-terms of maintaining setbacks. Regarding #4 she said she would like to see some 'justification in allowing a reduction giving some direction to the Commission with respect to standards, affordable housing, topographical and physical constraints. 7 Minutes, PC, 4/2/92 ' Page 15 Chairman Marino felt Smaller lots could provide more liVing space. He felt the modification process would take some of the risk out of trying to develop a smaller Plot, however he. did not want to encourage this, but wants some way of ensuring that the developer provide jUstification. · Commissioner Messner said he agreed with all goals presented at this hearing. The P.U.D. option is sometimes an expensive option, however he felt the existing modification process is too' lose and subjective. He said he would not be opposed to remoVing .this item and sending it back to committee and setting up a task force to deal with the mineral rights issue. Commissioner Cohn Stated his difficulty with reductiOn of lots without justification such as affordable housing or qualifying for optional design. He stated he felt the need for some very clear standards. He said he is comfortable with Page 43, Subsection "O": Commissioner Powers asked if a limit could be set on the pricing based on FHA lending limit or set a ceiling on the pricing to be increased by a fixed percentage each year. ' Commissioner Bjorn said she would be in favor of a motion that would delete the portion of the ordinance dealing with lot sizes and sending it back to committee. Chairman Matin° echoed Commissioner Powers' comments regarding smaller lots. ~ Commissioner Bj0rn felt the Commission must be sensitive to what developers want t° construct. 'She was hopeful that the proposed minimum standard can be adhered to, without haVing a large amount of requests for modification. Chairman Marino did not want to be in a position of requiring develoPers to apply for modification only to be denied, nor did he want to encourage developers to expect these modifications to be approved on a large scale. Commissioner Rosen!ieb responded to previous comments saying the current cost for modification is not $10,000 as preViously stated. She also said if the Commission does not want to .encourage modifications, perhaps a modification process should not exist. She'was in favor of sending this item to committee to be back before the Commission in two weeks. Commissioner Cohn felt most requests for modification haVe rarely dealt with the entire Project.but' have been a situation in which a developer is trying to squeeze a few more lots. Mr. Grady recalled seeing both situations. Minutes, PC, 4/2/92 Page 16 Motion was made by Commissioner Anderson, seconded by Commissioner Rosenlieb to send this entire ordinance to the Subdivision Committee and continue it to the next regular meeting 0f April 16, 1992. Motion carried. o CommiSsioner Powers encouraged Ms. Don Carlos and Association of Realtors representative to participate and attend the committee meeting bringing with them as much information as possible regarding.solutions to developing a fourth criteria in order to bring this to a resolution. _. PUBLIC HEARING - ORDINANCE ADDITION - RELATING TO DRILLING FOR AND PRODUCTION OF HYDROCARBON SUBSTANCES (PETROLEUM, NATURAL GAS AND RELATED DRILLING/PRODUCTION) Commissioner Messsner abstained due to a possible conflict of interest due to his past work for his employer on this ordinance, stating he would not participate. Staff report was given. Public portion, of the hearing was opened. Rich O'Neil represented the Kern River Parkway Committee. He stated they are opposed to the oil drilling ordinance Changes that'would create class 3 well sites within the Fruitvale oilfield. If allowed a proper permitting system for air and aesthetic standards does not exist. He asked that an EIR be processed on this project. Mike Couchot, Stream Energy thanked the Commission for allowing written comments. He said this ordinance is-one that the indUstry .will have to live with for quite some _time. He requested that a continuance be granted so that everyone concerned would have further opportunity ~to look.over the final version to come to the best solution possible. Brad Greenleaf, Shell Western E & P, spoke saying he is responsible for approximately 2,300-acres of the Kern River Field, 50 of which are under the City's jurisdiction and within the primary floodplain of the Kern River. Under the proposed ordinance these wells would be precluded from further operation. He asked for continuance on this item. Lisa Smith, 5113 Marina Drive, gave background on this issue. She submitted photos of a well site-that is to the north of her home. She was concerned about the environment, saying an environmental impact report was completed regarding the effects of oil wells. The Department of Fish and Game wrote a letter recommending adding language .so that projects that would fall under this Minutes, PC, 4/2/92 Page 17 ordinance would not fail'through the loophole of not-requiring an'EIR. She strongly recommended this language be added to the ordinance to protect human beings and other endangered species. She was concerned that setback distances have been changed to 500 feet, saying she felt the people affected by this proposed ordinance can live 1,000 feet away and receive a high volume of noise from the rigs. She was opposed to sensitive uses abutting oil fields.' She was opposed to the Fruitvale fields being a class 3 site, saying she felt a buffer could be formed around this field as an alternate proposal. Public portion of the hearing was closed. Chairman Marino recommended the request for continuance be granted. Regardingdrilling within the Kern River field, Mr. Eggert said the ordinance contains wording for-exemption of existing wells. Commissioner Rosenlieb said she would like to see a two-week continuance on this item saying she would like staff to research Mrs. Smith's request for a possible 1,000 foot buffer around the Fruitvale Oilfield. She-thanked those speaking at this hearing. Commissioner Powers echoed Commissioner Rosenlieb's comments, saying he felt a committee meeting is in order. Commissioner Bjorn stated-for the record she had spoke with Mrs. Smith. -She asked .that when this is returned to the commission, with regard to the fields being proposed for Class 3 exemption, a showing of the surrounding uses being provided. Motion was made by Commissioner Bjorn, seconded by Commissioner Powers to 'send this item to the Zoning Ordinance Committee and continue this item to the next regular meeting of April 16, 1992. Motion carried. Commissioner Messner abstained. Commissioner Bjorn said she would like to see those who spoke be invited to .attend the committee meeting. Minutes, PC, 4/2/92 Page 18 10.1 GENERAL PLAN CONSISTENCY FINDING - REQUEST BY CITY OF BAKERSFIELD TO FIND THE PROPOSED SALE OF 20,000 +/- SOUARE FEET CONSISTENT WITH THE 2010 GENERAL PLAN FOR PROPERTY LOCATED ALONG THE NORTH SIDE OF 21ST STREET AT WESTWIND DRIVE. Staff report was given. In response to a request by Commissioner Cobh, Mr. Sherfy gave information on the terms of a lawsuit regarding the COurthouse' Racquetball facility. Commissioner poWers stated his support for this item. - Commissioner Rosenlieb stated she would make two motions, explaining the latter by saying the property is zoned R-1 with a general plan designation of OS- P, a situation in which the zoning is not consistent with the general plan. She therefore made a motion, seconded by Commissioner Messner to make findings pursuant to Government Code Section 65402 that the proposed sale of real property located on the north side of 21st Street at Westwind Drive is consistent with the General Plan. Motion carried.~ Motion was made by COmmissioner Rosenlieb, seconded by· Commissioner Anderson to send a memo to the City Council requesting Council consider requiring a zone change to Open Space in order to make this property consistent with the general plan as either a condition of the April 8th Conditional Use Permit request or to be directed that Planning Commission initiate it in the immediate future. Responding to a question by Commissioner Anderson, Mr.. Don ~Anderson, Property Management Department stated he felt anything that would delay the close of the sale would jeopardize it. ' Commissioner Rosenlieb said her second motion would simply be an advisory to Council to flag the inconsistency. Discussion continued regarding the inconsistency of zoning and general plan. Commissioner Bjorn felt this was a good advisory motion to pass onto the Council. Motion carried. Commissioner Marino voted no. MinUtes, PC, 4/2/92 Page 19 10.2 11. GENERAL PLAN CONSISTENCY FINDING - REQUEST BY MARTIN- MCINTOSH SURVEYING AND ENGINEERING FOR A SUMMARY VACATION OF A PORTION OF OLD RIVER ROAD RIGHT-OF-WAY AT MERCY WAY '(MERCY HOSPITAL) Commissioner Powers abstained from voting on this item due to a possible conflict of interest. Commissioner Anderson abstained due to a conflict of interest in that he is providing services for an adjacent property owner. Staff report was given. Mr. Kloepper stated an alternate motion was provided in the form of a memo taking into account the possibility of signal facilities. Motion was made by Commissioner Frapwell, seconded by Commissioner Messner pursuant to Government Code Section 65402 to find the summary vacation of a portion of Old River Road right-of-way at Mercy Way (Mercy Hospital) consistent with the Metropolitan Bakersfield 2010 General Plan, with a recommendation that the easements be reserved for traffic signal facilities and public Utilities. Motion carried. Commissioners Powers and Anderson abstained. STATUS REPORT - ZONE CHANGE #4709 Mr. M°ViUs,'staff planner, gave a staff report on this item saying under provisions of the new ordinance staff is to provide the Commission with a staff report. The Commission could then give staff direction. Rick Coop, Officer of First City Properties, Inc., owner of the property, asked that the P.U.D. be extended for 11 months, hoping during this time to find a buyer. He stated he was in favor of Option A of the staff report. Chairman Marino said he leaned toward Option B because the property has been idle for 12 years and he did not want this to come to another hearing. Commissioner Rosenlieb said she was concerned because a number of people spoke against this project when a public hearing was conducted previously on it and now the applicant is asking for a continuance. Responding to a question by Commissioner Rosenlieb, Mr. Grady said under the new ordinance the Commission has the option of reviewing the project once it has expired and making a recommendation on a new zone change or taking other action. Minutes, PC, 4/2/92 - Commissioner Powers said he would be in favor of Option C. Page 20 Mr. Movius responded to a question by Commissioner Anderson saying staff visited the site and saw no real trash problem. Commissioner Anderson felt if the P.U.D. were to expire completely it would result in an "R" zone. He felt the .Commission stands a better chance of controlling the development by maintaining the P.U.D. status and therefore suggested that Option "B" would be the appropriate action to take. Motion was made by Commissioner Anderson, seconded by Commissioner Cohn to utilize option "B" of the staff report thereby leaving the P.U.D. zoning in place. Staff to provide an other status report in June of 1992. Motion carried. Commissioners Powers and Rosenlieb voted no. 12. COMMUNICATIONS A) Written A memo was Placed in the Commissioner's packets to which Commissioner Anderson gave-a report on the school task force saying alternate methods of funding schools is being looked into. The sub-committee is scheduled to provide a report to the task force the last week in APril. B) Verbal Status of Traffic Impact Fee Mr. Grady said a report would not be available on this item due to the fact the Board of Supervisors has delayed their consideration on this matter until April 6, 1992, with June 6, 1992, as a possible implementation date metro-wide. Mr. Sherfy clarified debate should take place on the motion being considered to be consistent with Robert's Rules of Order. Chairman Marino recognized Mr. Dennis Fox who made a statement regarding the finalization of the Master Tree Plan-for the downtown area. He cited the ordinance which requires 1 tree for eyery 6 parking spaces, however the City's own lot is being paved without any landscaping. He felt the City ought to lead by example, saying the disparity of city regulations will. probably:be further noted by those being regulated. He proposed that wells with 1" ~trees be placed in the city parking lot. Chairman Marino agreed with Mr. Fox's comments. Minutes, PC, 4/2/92 Page 21 13. 14. COMMISSION COMMENTS Chairman Marino commented on noise study for Mesa Marin saying he would like a copy. He also asked for status of 4-H ordinance, which Mr. Grady said is on the way to the Commission. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 10:58 p.m. Laurie Davis Recording Secretary Assistant Planning Director