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HomeMy WebLinkAbout05/05/92MINUTES OF THE REGULAR MEETING ~OF THE PLANNING COMMISSION ' OF THE CITY OF BAKERsFIELD~ ~ Held Thursday, March 5, 1992, 5:30 p.m.: City Cou~cil.Cha. mb~r, City Hall, 1501 Truxtun Avenue, Bakersfield, California. -'- J~ 1. ROLL CALL COMMISSIONERS: Present; TERI BJORN,' Chairperson Pro Tem DAVID COHN STEVE MESSNER DARREN POWERS KATE ROSENLIEB C. ROBERT FRAPWELL; Alternate Absent: JIM MARINO STEVE ANDERSON ADVISORY MEMBERS: Present: ROBERT SHERFY, Assistant City Attorney FRED KLOEPPER, Assistant Public Works Director CALVIN BIDWELL, Building Director STAFF: Present: JACK HARDISTY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner JIM EGGERT, Principal Planner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary Because Chairman Marino and Vice Chairman Anderson were both absent Commissioner Rosenlieb made a motion, seconded by Commissioner Powers to appoint Commissioner Bjorn Chairperson Pro Tern. 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, 3/5/92 Page 2 WALL AND LANDSCAPE PLANS - TRACT 5528 Staff report was given. Maurice Etchechury was present representing the land owner. Responding to' a- question by Commissioner Rosenlieb, he said he was nOt set on the grey color however-would object to stucco. Commissioner Powers said 'he would not feel comfortable requiring stucco, however would be amenable to changing the color of the block. Commissioner Messner cited two possibilities would be tan or off-white. Commissioner -Frapwell felt it could be left to the Planning Department t° approve a color in the range of buff to tan. Motion was made.by Commissioner Frapwell, seconded by Commissioner Messner to approve wall and landscape plans for Tentative Tract 5528, subject to conditions attached in Exhibit "A", with the following additional conditiom - The block shall be a buff or tan color approved by the Planning Department before installation. Responding to a question by Commissioner Rosenlieb, Commissioner Frapwell said the brick red cap would still be used. Motion carried. 4. 'PUBLIC HEAi~ING - EXTENSION OF TIME - TENTATIVE TRACT 5244' Staff report was given. Public Portion of the-hearing was opened; no one spoke in opposition. Roger McIntosh agreed to all conditions including.the change and asked for approval of this extension. Public portion 'of the hearing was closed. Minutes, PC, '3/5/92' Page 3 Motion was made by Commissioner Rosenlieb, seconded by Commissioner Powers to approve a one.year extension of time on Tentative Tract 5244 with the following Change to conditions: page 8 of 9 All reference to 90~days shall be changed to 180 days. Motion carried. PUBLIC HEARING - TENTATIVE PARCEL MAP 9781 Staff report was given. Maurice Etchechury represented the property owner. He asked for a change of condition'to Page 5 of 9, Item #1 to the fire flow requirement because he felt it could be lower. Mr. Hardisty suggested the 3,500 gallon requirement be left as is adding the wording "or as approved by the fire chief.'! Mr. Etchechury was agreeable to thiS. Page 7 of 9, Fire Safety he asked that the perimeter block wall be required prior to any development adjacent to the facilities. Mark Turk, representing the Fire Department stated his agreement with this change. pUblic portion of the hearing Was closed. Responding t° a question .by Commissioner Rosenlieb, Mr. Hardisty felt the conditions placed on this item by the Fire Department were adequate. Motion was made by Commissioner Powers, seconded by Commissioner Frapwell to make all findings set forth in the staff report, and to approve Proposed Tentative Parcel Map 9781 subject to all conditions outlined in the Exhibit "A" attached to the staff' report, with the inclusion of the March 4, 1992 memo from the Public Works Department, with the following changes: Fire Department, Page 5 of 9, Item #1 to read as follows: Based upon available information fire flow requirement may be 3,500 'gallons per minute or as approved by the Fire Chief. Fire Safety' Control, Page 7 of 9 the following addition to Paragraph #9: Prior to any further development adjacent to these facilities. Motion carried. Minutes, PC, 3/5/92 Page 4 6.1 PUBLIC HEARING - TENTATIVE TRACT 5292 Commissioner Powers abstained from taking action on this item due to a cOnflict of interest in that an adjacent property has been a source of income to his firm within the last year. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Roger McIntosh was present representing the owner of the proPerty. He stated. conditions for this tract had been inadvertently intermingled along with the reversal of the maps also stating Pages 7 and 8 show it as a vesting tentative map. He asked that a changebe made to Condition #III-C, Page 1 of conditions regarding regional circulation impacts stating when the general plan amendment was approved fees were required to mitigate local improvements some of which are showing up on the ordinance approved by the Council. He stated they are agreeing to pay the regional impact fee as long as a credit is applied toward it up to and beyond the $604,000. with an accounting being kept within the projects, of~ the :general plan area. He asked' for a change of condition to read as follows: "To mitigate regional circulation impacts, this subdivision will be subject to the fee schedule adopted by the City Council on January 29, 1992. The fee will b-e paid at the time of issuance of a building permit. All fees paid will be credited to the fees for regional projects that appear on the ordinance projects list that also are required for General Plan Amendment 2-88, Segment V. Mr. Kloepper said this is a standard wording that has been added to other subdivisions. He agreed with Mr: McIntosh's comments that there should be credit given, however the ordinance contains provisions for credit or contributions for projects on the list. He was of the opinion the condition could stand as written, with credits being worked out in the process. Mr. McIntosh said this would not be acceptable to the applicant since there is no guarantee this ordinance will go into effect prior to the requirement to pay the fee. Mr. Kloepper felt additional wording would be appropriate as follows: "Appropriate credits shall be given for contributions or construction of projects contained on the January 29, 1992 project list." Mr. McIntosh was agreeable to this. Public portion of the hearing was closed. ' Motion Was made'by Commissioner Rosenlieb, seconded by Commissioner Cohn to approve' and adopt the Negative Declaration, to make all findings set forth in the staff report,, and to approve Proposed Tentative Tract 5292 subject to the conditions outlined in the Exhibit "A" attached to th.e staff report, with the fo/lowing changes: MinUtes, PC, 3/5/92 Page 5 Page 1, Item #III-C the following sentence shall be added: Appropriate credits shall be given for contributions to or construction of projects contained in the 1-29-92 project list. She also clarified that Pages 5 and 6 of 10 are to be the conditions for this tentative tract 5292 rather than the inadvertent conditions. Pages 7 and 8 of- 10: Shall be shown as Tentative Tract 5292 instead of a vesting tentative tract and that the map should be that of Tract 5292. Motion carried. 6.2 PUBLIC HEARING - TENTATIVE TRACT 5428 Commissioner Powers abstained from taking action on this item due to a conflict of interest in that an adjacent property has been a source of income to his firm within the last year. Staff report was given. pUblic portion of the hearing was opened; no one spoke in opposition. Roger McIntosh represented the property owner. He requested the change as previously made on Tentative Tract 5292, Item III-C, Page 1 of Exhibit "A". regarding credits for contributions for projects contained in the 1-29-92 project list. In addition regarding Condition #V-A he suggested it be changed as follows: "The full width of White Oak Drive shall be dedicated prior to or concurrently with the recordation of this tract map." Mr. Kloepper stated his agreement with this change. Regarding Condition #VIII.B.I.a. he suggested the wording "If Tract 5292 is not recorded prior to recordation of this subdivision," be stricken. Mr. _ Kloepper stated his agreement with this change. Page 6 of 10, Condition #3 regarding secondary access he stated he had met with the Fire Department in which they agreed to the deletion of this condition. Mr. Hardisty agreed to an addition as follows: "or as otherwise approved." Mr. Mclntosh stated pages 7 and 8 refer to a vesting tentative tract which this is not. Regarding Condition #5, Page 9 of 10 regarding the submission of alternate street names one has been approved and staff is close to approving the second, therefore he asked that the wording be changed so that they will not have to wait 3 weeks. Mr. Hardisty stated his concurrence with this saying a period could be placed after the word consideration in the first sentence, Page 10 of 10. Mr. McIntosh said this would be acceptable. Minutes, PC, 3/5/92 Public portion of the hearing was closed. Page 6 Responding to a question by Commissioner Cohn, Mr. McIntosh said the treatment would be' the same as around Grand Lakes which was addressed in the general plan amendment. The crossings are bonded for a period of 2 years from the date of approval. Commissioner Cohn stated his concerns about the safety of the crossings. 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 5428 subject to the conditions outlined in the Exhibit "A" attached to the staff report, with the following changes: Page 1, Item III-C the following sentence shall be added: Appropriate credits shall be given for contributions to or construction of projects contained in the January 29, 1992 project list. this tract Page 2, Item # V-A shall be changed to read: The fUll width of White Oak Drive shall be dedicated prior to or concurrently with the recordation of this 'tract. Item VIII-B.I.a: The following words shall be stricken: "If Tract 5292 has not recorded prior to recordation of this subdivision," Page 6 of 10, Item #3: The following wording shall be added: "or as otherwise approved by the Fire Chief." Page 10 of 10 condition to be changed as follows: The subdivider is required to submit alternate names to the Planning Department for consideration. Pages 5 and 6 of t0 shall be those pages pertaining to this tract Pages 7 and 8 of. 10 shall have the words vesting removed as it relates to Motion carried2 Minutes, PC, 3/5/92- 6.3 7.2 PUBLIC HEARING - TENTATIVE TRACT 5544 PUBLIC HEARING - ZONE CHANGE #5259 -- APPLICATION BY Page 7 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 JEWETTA AVENUE, WEST OF CALLOWAY DRIVE, NORTH' OF TI-IF. CROSS VALLEY CANAL. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Messner to hear agenda Item #7.2 concurrently. Motion carried:- Chairperson Bjorn Stated a memo had been received dated March 4th from the Planning Director regarding background on this project, which staff outlined for the 'Commission. Mr. Hardisty stated 'staff is requesting a two-week continuance after meeting with the applicant. The applicant has indicated a desire to develop a condition to be' applied to the negative declaration thereby making it mitigated, however it has not yet been done. Public portiOn of the hearing was opened; no one spoke in oppositiOn. Roger McIntosh represented the property owner. ~Responding to a question by Commissioner Rosenlieb, Mr. Hardisty said most other projects objected to by school districts have been only subdivisions. On this item the zone change raises the environmental issue of shifting from agricultural to residential thereby ~giving the school district the opportunity to raise this as an issue. Responding to a .question by Commissioner Powers, Mr. McIntosh said he would agree to the two-week continuance. Motion was made by Commissioner Powers, seconded by Commissioner Messner to continue these items to the next regular meeting of March 19, 1992. Motion carried. Minutes, PC, 3/5/92 Page 8 6.4 PUBLIC HEARING :- TENTATIVE TRACT 5598 Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Mike Callagy was present representing the subdivider and builder. He said they have a problem with staff's recommendation for denial 'of the modifications of lot widths because they are constrained laterally east and west. The units were designed for the specific lots. There is adequate yard and setback space on the lots. Consistency with Tract 5135A was planned between the developer and builder. If the modifications are not allowed as before, the loss of income will be passed onto the buyers of homes. The lot size was not lessened to create any additional lots, but to allow construction of a special unit on Lot 37. If the modification is not allowed it will require a complete redesign of the project. He asked that the modification be allowed with the approval of the subdivision with conditions developed, by staff. Ben-Fitzgerald spoke saying he is the owner of the tract. He gave a history of this property. He stated the developer has built quality hOmes in Phase 1 of this development and they would like to see him continue. If the modifications are not approved they will be forced to redesign and possibly seek a new developer. Public portion of the hearing was closed. Commissioner R0senlieb stated for Mr. Fitzgerald that when this tract'first came before the Commission and was approved with substandard lots the CommiSsion was also hearing othe? similar situations and began to feel uncomfortable about allowing lots less than the minimum. The Commission attended a workshop on this issue and unanimously agreed to the 55-foot width, 60 feet on corners, 6,000 square foot minimum and 35-foot cul-de-sacs and will be looking forward to · adopting these standards on an amendment to the subdivision ordinance at the next meeting. She stated .they allowed the map to expire which 'Caused them to 'start from scratch. Mr: Fitzgerald stated they allowed the map to expire because of economic conditions.: Commissioner poWers agreed with many of Commissioner Rosenlieb's remarks. He felt the builder had done a good job. In certain cases there may be reasons to deviate from standards.' _ Minutes;-PC, 3/5/92 ' Page 9 Commissioner Bjorn stated she shared the comment regarding adhering to the new policy, however if there would be a hardship case this would be it. She asked for.staff'scomment regarding the applicant's statements. Mr. Hardisty felt the _applicant had made an excellent presentation responding to many concerns and questions, however when a map expires it is treated as a new map with the rules in place at the time of application. He felt sufficient evidence and arguments had been presented to justify approval of this map. Commissioner Frapwel! said he is very strongly in favor of the 6,000 square foot minimum and the minimu,m frontage. He said he would feel better approving this if there were some surety that it would be developed the same as previously approved. Commissioner Rosenlieb felt this being a hardship case would be the only reason She may deviate from the minimum standards. Commissione~-Powers asked the applicant if he were under a deadline if action is not taken on this item. Mr. Callagy said the builder would prefer this be acted upon at this hearing. - Commissioner'Messner stated his concern with the development proceeding as it should. '~ Motion-was made by Commissioner Rosenlieb, seconded by Commissioner Powers to make all findings set forth in the staff report, and to approve Proposed Tentative Tract 5598 subject to the conditions outlined in the Exhibit "A" attached to the staff report, With the following changes: The findings for modification shall be stricken and the following finding be added to the approval: The modification is justified and not detrimental to the public welfare based on testimony received at this hearing. MotiOn carried. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Powers to approve a modification to allow minimum lot frontage on cul-de-sac lots as depicted on the tentative map Exhibit "A" and to approve the request to allow lot sizes less than 6,000 square feet with the findings as modified previously.~ Motion carried. r Minutes~ PC, 3/5/92 7.1 PUBLIC HEARING - ZONE CHANGE #5122 -- APPLICATION BY Page 10 MARTIN-MCINTOSH TO AMEND THE ZONING BOUNDARIES ON 2Z9 ACRES FROM AN M-2 (GENERAL MANUFACTURING) ZONE TO A C-2 (COMMERCIAL), OR MORE RESTRICTIVE ZONE FOR PROPERTIES LOCATED AT THE. SOUTHWEST CORNER OF COFFEE ROAD AND BRIMHALL ROAD. (Negative Declaration on file) Commissioner Powers abstained from hearing this item due to a possible conflict of interest, Staff report was given. Public portion of the hearing was opened; no one spoke in opposition, Roger McIntosh represented the property owner. Regarding the memorandum dated February 28, 1992, he requested that the following be added to condition #1: "and are to be paid at the time of building permit as follOws:". Mr. Kloepper was agreeable to this. Regarding condition #2 he said this fee was based on land uses and traffic generated by the general plan and was for hospital use. The increase in traffic for the commercial request is addressed in the fees levied on this project. He requested that a statement be added that the fee for this project 'is '$272 per acre. Mr. Ha?disty said this would be acceptable~ Mr. McIntosh stated his agreement with the remaining conditions. Public portion of the hearing was closed. Commissioner Rosenlieb said she would not be able to support this request because she did not feel she could make a finding that it is consistent with the 2010 Plan. Mr. Kloepper said this project needed to be subject to the regional traffic impact fees adopted by the Council and under consideration by the County. Staff was expecting a letter to this effect. He suggested with the concurrence of the applicant a condition-be added that to mitigate regional circulation impacts this project will be subject to the fee schedule adopted by the City Council including credits given for projects which may be on the list. Mr, McIntosh said this project is dedicating freeway right-of-way which is part of the project list which they request a credit for., Mr, Kloepper said credit is being given in the agreement between the City and the property owner, Minutes, PC, 3/5/92 Page 11 Commissioner Cohn echoed Commissioner Rosenlieb's comments saying he cannot support this zone change. When the commission originally dealt with this parcel it was very difficult. This was originally submitted to the Commission for hospital type uses. It was a concern of the Commission about the size of the parcel and the potential for conflict with the surrounding uses. He felt this project will create an enormous impact on the area and is totally different from what the Commission is trying not to do. This would be an unmitigated nightmare for the those impacted by it. Commissioner Messner agreed that this is a less than ideal situation for a commercial development, however felt there were some trade-offs. Responding to a question by Commissioner Messner, Mr. Kloepper said the widening of Coffee Road improvements will be budgeted in the 92-93 budget year. Commissioner Messner said he would support the proposed zoning. MOtion was made by Commissioner Messner to make findings and approve the Negative Declaration and C-2 zoning, subject to the conditions of approval in Exhibit "A" attached to the staff report and recommend adoPtion of same to City Council, subject to the memorandum dated February 28, 1992, with the following addition to Condition #1: "and are to be paid at the time of building permit as follows:", Page 2 item #2 of the memo the following sentence to be added: "The fee for this property is $272 per acre." The addition of a condition as follows: "To mitigate regional circulation impacts this project will be subject to the fee schedule adopted by the City Council on January 29, 1992, or such higher fees as may be subsequently adopted. The fee will be paid at time of issuance of a building permit. Appropriate credits shall be given for contributions to or construction of projects included in the January 29, 1992 projects list." Motion died for lack of second. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Cohn to deny the applicant's requested Change of zoning to C-2. Motion carried by the following roll call vote: AYES: Commissioners Cohn, Frapwell, Rosenlieb, Bjorn .NOES: Commissioner Messner ABSENT: Commissioners Powers, Marino, Anderson r Minutes, PC, 3/5/92 Page 12 8. ORDINANCE AMENDMENT -- PROPOSED AMENDMENT TO TITLE 17 OF THE'BAKERSFIELD MUNICIPAL CODE (LAND USE ZONING ORDINANCE OF THE CITY) TO ADD REQUIREMENTS FOR PROVIDING SECURITY LIGHTING IN OFF-STREET PARKING AREAS TO ACCOMMODATE PASSENGER VEHICLES (SECTION 17.58.060 (A). Staff report was given. pUblic portion of the hearing was opened; no one spoke in opposition. Barbara Don Carlos SPoke representing the Building Industry Association of Kern County. She stated .the Commercial/Industrial Council of their association reviewed the proposed ordinance. Their recommendations have been reflected in the ordinance before the Commission at this hearing. She asked how replacement of broken bulbs, etc. would be enforced. Mr. Hardisty said the condition of the lighting would probably be brought to the attention of the City or may be obvious to building inspectors who will issue a correction notice. Ms. Don Carlos stated their support for this ordinance. Public portion of the hearing was closed. Responding to a question by Commissioner Rosenlieb, Mr. Hardisty said this ordinance was brought up in terms of the need to light commercial parking areas, however a change in language to exclude single-family duplexes, triplexes and fourplexes would be acceptable. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Cohn to adopt the findings contained in the staff report and recommend that the City Council amend the-zoning ordinance as proposed with the exception that Item A be changed to read as follows: Lighting shall be installed in all parking lots and parking garages which accommodate passenger vehicles, exempting single family duplex, triplex and fourplex units in compliance with the following provisions: Motion carried by the following roll call vote: AYES: Commissioners Cohn, Frapwell, Messner, Powers, Rosenlieb, ajorn NOES: None ABSENT: Commissioner Anderson, Marino Minutes, PC, 3/5/92 Page 13 9. GENERAL PLAN CONSISTENCY FINDING - NORTH OF BRIMHALL 10. 11. ROAD; WEST OF JEWETTA AVENUE. Staff report was given. Motion was made by Commissioner Cohn, seconded by Commissioner Messner to make a finding pursuant to Government Code Section 65402, that the proposed acquisition of real property for the proposed Brimhall/Jewetta water well site is consistent with the general plan. Motion carried. COMMUNICATIONS A). . Written B) None Verbal - None COMMISSION COMMENTS Discussion regarding setting of time limits during public hearing Mr. Hardisty brought to the attention of the Planning Commission the pending ' cases of general plan amendments for the next meeting which traditionally consumes large amounts of time, specifically that segment located along the south side of Columbus Avenue, west of the Wenatchee intersection. The Commission has the authority to set 'time limits on presentations under Roberts Rules of Order. If the Commission' wishes to consider doing this it should be decided at thi~ 'hearing. Responding to qUestions by Commissioner Powers, Mr. Hardisty felt a 3-minute limit with an overall cap may be appropriate. Commissioner Rosenlieb felt those appearing should have the right to speak. felt possibly a 3,minute time limit would be appropriate and some precursors should be stated so that people will not repeat themselves. She Commissioner Cohn felt it is important for members of the community to have the opportunity to voice their opinions with regard to possible impacting projects. He felt if the chairman is willing to start the meeting with an admonition or proviso that would be-effective. Minutes, PC, 3/5/92- Page 14 Responding to a question by Commissioner Messner, Mr. Hardisty said if a time limit were decided upon it would be especially shown on the agenda. Commissioner MeSsner said he was leaning toward an extended time limit. Commissioner Bjorn said.she has a conflict on the item referred to and passed the chair-to Commissioner Cobh. Commissioner Frapwell asked if those residents wishing to speak could be notified of the limitation, Mr. Hardisty said this is not a common practice. Commissioner Powers agr. eed with previous comments in that if someone comes to-the hearing they should be able to speak, however did agree with the 3-minute time limit. Commissioner Rosenlieb suggested a 3-minute time limit be placed on the agenda to give those wishing to. speak some forewarning. Commissioner Frapw.ell_suggested staff develop a statement to be announced at the time of public hearing in order to be consistent. Commissioner Cohn did not feel comfortable that the commission could come up with a solution that wOuld please everyone. Mr. Hardisty said he would like to use the guidelines drafted by Commissioner Rosenlieb for the hearing. He felt a statement that each person will have an opportunity to speak would avoid each person from speaking more than Once. Commissioner Rosenlieb stated she would provide this information for Mr. Hardisty. Commissioner Bjorn gave a report on the subdivision committee meeting previously, held. Commissioner Cohn felt it was important to get this ordinance to the City Council. He stated he felt some responsibility to mineral right holders. He felt the ordinance should be brought back to the Commission as it exists after discussion, SUbstituting the current guidelines the city is operating under with respect to the mineral right owners. The alternative would 'be to make the portion of the ordinance dealing with obtaining consent of mineral right holders a separate issue. Commissioner Rosenlieb felt what has been rewritten may be the lesser of the two evils~ Minutes, PC, 3/5/92 Page 15 Jim Movius, staff planner, stated the ordinance is being printed for distributiOn to the development Community with the mineral rights provisions in it as they currently exist. Commissioner Bjorn gave further report on the changes to the wall and landscape resolution.. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 7:55 p.m. Laurie Davis Recording Secretary