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HomeMy WebLinkAbout01/09/92MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, January 9, 1992, 5:30 p.m., City Council Chamber, City Hall, 1501 l'ruxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: STEVE ANDERSON, Vice Chairperson TERI BJORN DARREN POWERS KATE ROSENLIEB C. ROBERT FRAPWELL, Alternate Absent: ADVISORY MEMBERS: Present: STAFF: Present: JIM MARINO, Chairperson DAVID COHN STEVE MESSNER LAURA MARINO, Deputy City Attorney FRED KLOEPPER, Assistant Public Works Director CALVIN BIDWELL, Building Director JACK HARDISTY, Planning Director MARC GAUTHIER, 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, 1/9/92 3. WALL AND LANDSCAPE PLANS - TENTATIVE TRACT 5001 Page 2 4.1 Staff report was given.' Ralph Adame-was present to speak in favor. He stated they agreed with all conditions, however he requested that the color of the concrete block wall be -changed from tan to grey. Mr. Hardisty said he was concerned about the colors of other walls in the area. Mr. Adame said there is no development adjacent to this project, however others in close proximity are grey. He did not feel this change would impact the area adversely. Mr. Hardisty therefor stated his agreement to the colOr change. Motion was. made by Commissioner Rosenlieb, seconded by Commissioner Powers to approve conceptual wall and landscape plans fOr Tentative Tract 5001 subject_ to conditions, on Exhibit "A" attached to the staff report, with the understanding that the color of the block will be grey. Motion carried. COMPREHENSIVE-SIGN PLAN 3-91 Staff report was waived. Adela Miller spoke saying she was in agreement.with the committee report. ResPonding to a qUestion by Commissioner Bjorn, Commissioner Anderson said the representative from Family Fitness Center attended the committee meetings and is in concurrence with the recommendation. Motion was made by CommiSsioner Powers, seconded by Commissioner Frapwell to make findings set forth in Sign Committee Report and approve Comprehensive Sign Plan 3-91 for the Price. Club Shopping Center as indicated in Column. #4 of Table A and include the conditions of approval listed in-the Sign Committee Report dated January 9, 1992. Motion carried. Minutes, PC,-1/9/92 Page 3 4.2 5.1 COMPREHENSIVE SIGN PLAN Commissioner Bjorn abstained from hearing this item due'to a possible conflict of iinterest in that the applicant is a client of her law firm. Staff.report was given. Max Steinert was present to speak in favor. He stated he has submitted a sign plan which includes the recommendations outlined in the staff report. Motion was made by cOmmissioner Rosenlieb, seconded by Commissioner Powers to make findings set forth in the staff report and approve Comprehensive Sign Plan 1-92 for 2660 Oswell Street and include the conditions of approval listed in the staff report. Motion carried. Commissioner Bjorn was absent. PUBLIC HEARING EXTENSION OF TIME - TENTATIVE TRACT 5084 Commissioner Powers abstained due to a possible.conflict of interest in that he represents a property owner in the area. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. WaYne Vaughn, Jr~ was present representing the owners of the property. He said they were in agreement with staff recommendations. Public portion of the hearing was closed. Motion was made by Commissioner Frapwell, seconded by Commissioner Rosenlieb to make all findings set forth in the staff report, and to approve th~ one-year extension of time for Tentative Tract 5084 to January 5, 1993. Motion -carried. Commissioner Powers was absent. Minutes, PC, 1/9/92 Page 4 5.2 - PUBLIC 'HEARING EXTENSION OF TIME - TENTATIVE TRACT 5310 6.1 Staff report .was given. Public portion of the hearing was opened; no one spoke in opposition. Jim Nachazel represented the applicant. He said he was in agreement with the staff report. Public portion of the hearing was closed. Motion was made by Commissioner Powers, seconded by Commissioner Frapwell to approve a one-year extension of time for Tentative Tract 5310 to FebrUary 1, 1993. Motion carried. PUBLIC HEARING - TENTATIVE PARCEL MAP 9723 Commissioner Anderson abstained from hearing this item due to a possible. conflict of interest in that his firm has provided services to the applicant within the last year. .Commissioner Powers abstained due to a conflict of interest in that he represents a property oWner.. There was no quorUm on this item. Responding to a question by Commissioner Bjorn, Ms. Marino said there was no 'testimony taken at previous hearings on related items and she.would not be disqualified. However it could be a matter of abstaining if she felt uncomfortable hearing this iteTM. Responding to a question by Commissioner Rosenlieb regarding lack of quorUm, Mr. Hardisty said staff would reschedule this item along with agenda item #'s 9.2A and B. (Segment III of GPA 4-91) for the next meeting. No action was taken on this item due to a lack of quorUm dUe to the fact Commissioners Anderson and Powers abstained because of possible conflicts of interest, therefore staff will reschedule it for the next meeting of January 23, 1992. ~Minutes,- PC, 1/9/92 Page 5 6.2 6.3 PUBLIC HEARING - TENTATIVE PARCEL MAP 9735 Commissioner Bjorn abstained from hearing this item due to a conflict of interest 'in that the applicant is a client of her law firm. Staff report was given. Public portion of the hearing was oPened; no one spoke in opposition. Jim. Nickel was present to speak in favor. Responding to a question by 'Commissioner Anderson, he said he had received the memorandum dated January 7, 1992'and was in agreement with it. He said regarding Condition #III. of the memorandum that they are willing to pay the fee for a median, however he _was cOncerned that the freeway would not be installed in the future. Mr. Kloepper said the fee would not have to be paid at this time,-and in speaking with the ~applicant it'is unlikely the feewill be-required in the foreseeable future because there are no development plans on either parcel. Responding-to q~iestions by Commissioner Rosenlieb, Mr. Kloepper cited the regulations under the Subdivision Map Act saying the fee could be held for a period of 5 years and would have to be refunded after this time if no longer needed. Public portion of the hearing was closed. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Frapwell to approve Proposed Parcel Map 9735 subject to the conditions outlined in the Exhibit "A" attached to the staff report, as amended by the Memorandum dated January 7, 1992 from the Public Works Department: Motion carried. Commissioner Bjorn was absent from voting. PUBLIC HEARING - TENTATIVE PARCEL MAP 9758 Staff report was given. Public portion of the hearingwas opened; no one sPoke in opposition. -Raymond Stene represented the applicant. He-stated he had not had an opportunity to readthe staff report. Public portion of the hearing was closed. Minutes, PC, 1/9/92 Page 6 Responding to a question.by Commissioner Rosenlieb, Ms. Marino recommended that this item be continued to the next meeting in order to give the applicant an opportunity to read the conditions of the staff report. Commissioner Rosenlieb clarified for Mr. Stene that his public statement that he has not read the staff report and conditions placed the Commission in a position of not being able to act on this item at this hearing. She said she would like to c°ntinue to the next meeting. 7.1 Motion was made.by Commissioner Rosenlieb, seconded by Commissioner Bjorn to continue this item to the next meeting of January 23, 1992. Motion carried. PUBLIC HEARING ' TENTATIVE TRACT 5506 VESTING Staff'report was waived. A request was received to continue this item to the meeting of January 23, 1992. Public portion of the hearing was opened; no one spoke in opposition or in favor. There .was no one present representing the applicant. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Bjorn to continue this item to the next meeting of January23, 1992: Motion carried.- 7.2 PUBLIC HEARING-- TENTATIVE TRACT 5276 Staff report was waived. Request Was received requesting continuance on this item. Public portion of the hearing was opened; no one spoke in opposition or in favor. No one was present to represent the applicant. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Powers to continue this item to the regular meeting of February 20, 1992: Motion carried." Minutes, PC, 1/9/92 7.3 - Page 7 PUBLIC HEARING - TENTATIVE TRACT 5445 Commissioner Anderson abstained from hearing this item. due to a conflict of interest. Motion was made by Commissioner Powers, seconded by Commissioner Frapwell to appoint Commissioner Rosenlieb temporary chair of this item..-Motion carried. Commissioner 'R0senlieb asked for motion to move Agenda Item # 8.3 to be heard, immediately after agenda item 7.3 because it is a related item. Motion was made by Commissioner Bjorn, seconded by Commissioner Powers to move agenda item #8.3 to be heard concurrently with this item. Motion carried. Staff report was given on these items. Public portion of the hearing was opened; no one spoke in opposition. Steve DeBranch represented the applicant. He said he agreed with all conditions except written requests for changes which he had previously submitted to the Commission. Mr. Kloepper Said staff would agree with these requests. Mr. DeBranch briefly outlined his requests which are on file. Responding to a question~ by Commissioner Rosenlieb, Mr. DeBranch said he was aware of-'the memo dated January 8th with changes to the staff report and agreed with these. Public portion of the hearing was closed. Motion' was made by Commissioner Powers, seconded by Commissioner Bjorn to approve and adopt the Negative Declaration, to make all findings set forth in the staff report, and to approve Proposed Tentative Tract 5445 subject to the conditions outlined in the Exhibit "A" attached to the staff report and subject to the added finding and _conditions referenced in the January 8, 1992 memorandum from the Planning Department and conditions of approval from the Parks Department dated January 7, 1992, with amended conditions submitted into the record, which are on file. Motion carried. Commissioner Anderson abstained from voting due to a possible conflict of interest. · Minute's, PC, 1/9/92' Page 8 8.3 PUBLIC HEARING - ZONE CHANGE #5274' TO AMEND THE ZONING BOUNDARIES FROM AN R;2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO AN R-1 (ONE FAMILY DWELLING) OR MORE RESTRICTIVE ZONE FOR PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF CALLOWAY DRIVE AND MEACHAM ROAD. 7.4 .8.1 Motion was made by Commissioner powers, seconded by Commissioner Frapwell to make-findings set forth in the staff report and approve the zone change as proposed and advertised and recommend adoption of the same to the City Council. Motion carried by the following roll call vote: - AYES: 7 NoEs: ABSENT: Commissioners Bjorn, Frapwell, Powers, Rosenlieb None Commissioners Cohn, Messner, Marino, Anderson pUBLIC HEARING - TENTATIVE TRACT 5581 £ Staff report was waived. Public pOrtion of the hearing was opened;, no one spoke on this item. Motion was made by Commissioner Powers, seconded by Commissioner Frapwell to continue this item to the next meeting of January 23, 1992. Motion carried. PUBLIC HEARING - ZONE CHANGE #5230 -- TO AMEND THE ZONING BOUNDARIES F-ROM AN R-l-CH (ONE FAMILY DWELLING-CHURCH) ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT), OR MORE RESTRICTIVE ZONE FOR PROPERTIES LOCATED AT 4821 MING AVENUE. (Negative Declaration on file) Staff report-was waived. A letter was received fr°m the applicant requesting this item be placed on hold ._and a memorandum from staff requesting the same. Public portion of the hearing was opened; no one spoke in opposition or favor. MOtion was made by Commissioner Rosenlieb, seconded by Commissioner Bjorn to place this item on hold pending receipt and acceptance of traffic study and direct staff to readvertise this item for consideration at a future hearing. Motion carried. 3 MinUtes, PC, '1/9/92 Page 9 8.2 PUBLIC HEARING - ZONE CHANGE #5272 -- TO AMEND THE ZONING' BOUNDARIES FROM AN R-3 (LIMITED MULTIPLE FAMILY. DWELLING) ZONE TO AN R-1 (ONE FAMILY DWELLING), OR MORE RESTRICTIVE ZONE FOR PROPERTIES LOCATED SOUTH OF PANORAMA DRIVE AND WEST OF MORNING DRIVE. Declaration on file) (Negative Staff reportwas given. 'Public portion of the hearing was oPened; no one spoke in opposition or in favor. Maurice Etchechury was present representing the applicant. He submitted a handout to staff and the commission outlining their proposed changes which he discussed for the commission. Regarding the requirement that this tract provide access to Tract 5540 southerly and adjacent to Tract 5167, he questioned the need _ for this since they have an approved subdivision. He does not feel they should have to comply with this requirement. Responding to a question by Commissioner Rosenlieb, Mr. Kloepper'said Public Works Department's recommended condition of approval is to provide additional circulation within a very localized area for school children in the area. It is not his concern that they provide secondary access with this extension. At the time of approval of Tract 5540 the commission adopted a requirement that in the event the opportunity arose for connection to the north this tract would extend a street to' their north tract boundary to provide for circulation. He felt the opportunity exists at this time through discretionary approval and it would be beneficial to the 'general public .to provide for circulation through these tracts. Responding to a question, by Commissioner Rosenlieb regarding the applicant's comment that they are being forced to rezone in order to receive improvement plans, Ms. Marino said it was a condition of approval of the tract and needs to be completed prior to the final map. Approval of a zone change allows the commission to impose conditions, however they must be reasonable and there must be a nexus to the Zone change. She stated she could not provide the commission with a nexus. Commissioner Rosenlieb said she agreed with Mr. Kloepper~s wish to obtain connection through these tracts, however she did not feel this could be legally required because there is no nexus. Commissioner Bjorn concurred With Commissioner Rosenlieb's comments saying she is bothered with it being forced upon the applicant and could not concur with this condition. Minutes,-PC, 1./9/92 Page 10 Commissioner Powers concurred with previous comments. He felt it was not appropriate to request the connection at this time. Commissioner Frapwell concurred with previous comments. -He asked if there would be the possibility of a compromise for a pedestrian right-of-way betWeen the two tracts. Clark Watson gave a history of the problems being when .the tract was approved the school did not exist. Topography has caused other conflicts because his tract is 15 feet higher where the street would go through. Responding to a question by Commissioner Anderson regarding the possibility of a future access point through the church site when it comes before the Commission, Mr. Hardisty said it would not be possible since they have already received their Permit to proceed with their project. Public portion of the hearing was closed. Moti°n was made by Commissioner Rosenlieb, seconded by CommissiOner Bjorn to make findings set forth in the staff report and approve the zone change as proposed 'and advertised and. recommend adoption of same to the City Council. She clarified the condition outlined in the staff report is not part of the motion, therefore the applicant does nothave to make the connection of Rustic Canyon Street. Motion carried by the following roll call vote: AYES: Commissioners Bjorn, Frapwell, Powers, Rosenlieb, . Anderson NOES: ~None 9.1 ABSENT: Commissioners Cohn, Messner, Marino ' GPA 4-91, SEGMENT HI AND ZONE CHANGE #5243 No action was taken on this item due to a lack of quorum due to the fact Commissioners Anderson and Powers abstained because of possible conflicts of interest, therefore staff will reschedule it for the next meeting of January.23, 1992. Minutes, PC, 1/9/92 9.2 Page 11 GPA 4-91, SEGMENT IV AND ZONE CHANGE #5245 Commissioner Bjorn abstained from voting on this item due to the fact she was absent from the December 19, 1991 hearing in which pUblic testimony was taken. Staff report was given. Public portion of the hearing was opened. Armand0 Benetiz,' resident of Lookout Mountain Court spoke saying the residents are concerned about the need to ensure quality planning in the area. The down zoning from R-3 to R-2 he felt would accomplished this, howeVer there is no guarantee. Heasked that the applicant and commission keep them advised of further plans or changes to the plan and asked that an adequate buffer be provided beginning at the corner of South "H" Street and Pacheco continuing north and east to 'Hughes Lane. Henry Martinet, resident of Lookout Mountain Court, agreed with Mr. Benetiz's statements. He said he is firmly in opposition to the construction of any fast food businesses on this corner. Russ Winkelman represented the applicant. He stated he is in agreement with the amended staff report. Public portion of the hearing was closed. Responding to a question by Commissioner Rosenlieb, Mr. Hardisty gave a brief -history as to the requirement of local improvements previously required on this property. With the applicant's request to reduce the density, and improvements to be required with ihe shopping center, staff feels the impacts brought about from the development of the property have been addressed. Mr. Hardisty clarified a comment by Commissioner Rosenlieb, by stating local traffic studies are not being required on all. projects, but on significant projects which will have an effect on traffic and the circulation system. Mr.. Hardisty clarified a block wall and trees would be required between the residential and commercial zones upon development of commercial. Fast-food restaurants, and gas stations could be allowed, however in order to have a drive- through window or the serving of alcohol the applicant would have to obtain a conditional use permit which would require another hearing process~ Minutes, PC, 1/9/92 Page 12 Commissioner Powers disagreed with Mr. Hardisty's comments that this R-2 zoning would not have an effect on traffic circulation.. He felt in order to be fair traffic studies they should be applied across the board. He commended the applicant 'for reducing density to alleviate concerns of property owners. Mr. Hardisty said the impact from this development has been addressed. Responding. to a request by Commissioner Rosenlieb, Commissioner Frapwell said he felt there is a significant impact on traffic for this project, however he is satisfied with staff's opinion that the impact has been addressed. Mr. Winkleman said this is not a request for new zoning but an arrangement of what is currently there. Commissioner Rosenlieb said the commission has not received anything showing that the applicant has paid their share for traffic mitigation. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Powers to adopt resolution making findings as set forth in staff report, approving the Negative Declaration with mitigation measure listed in Exhibit "B" and approving the requested HMR and GC Land Use Element designations as shown on the map attached-to the staff report, subject to conditions of approval shown on Exhibit "A" and recommend same to City Council, with the deletion of Condition #1 of Exhibit "A". Motion carried by the following roll call vote: AYES:' NOES: Commissioners Frapwell, Powers, Rosenlieb, Anderson None ABSTAINED: Commissioner Bjorn ABSENT: Commissioners Cohn, Messner, Marino Minutes, PC, 1/9/92 Page 13 Motion Was made by Commissioner Rosenlieb, seconded by Commissioner Powers to adopt resolution making findings as set forth in the staff report, approving the .Negative Declaration with mitigation measure listed in Exhibit "B" and approving R-2, C-1 and C-2 as shown on the map attached to the staff report, subject, to conditions of approval shown on Exhibit "A" and recommend same to C!ty Council with the deletion of Item # 1 on Exhibit "A". Motion carried by the f_ollowing roll call vote: AYES: NOES: Commissioners Frapwell, Powers, Rosenlieb, Anderson None ABSTAINED: Commissioner Bjorn ABSENT: Commissioners Cohn, Messner, Marino 10.A wRITTEN. COMMUNICATIONS Metropolitan Bakersfield Fixed Guideway Passenger System - Phase 1 Feasibili _ty Study. Staff report was given. Mr. Hardisty recommended that a motion to receive and file be made on this item. -.. Commissioner Rosenlieb felt it a wonderful idea to be planning ahead for potential future rail use and was supportive of it. She stated she did not want to endorse this report because there are quite a number of statements lacking background infOrmation and some that she did not feel to be true. She was concerned about figures, unknown growth rates cited in the report and the statement under the recommendation to revise the land use and circulation elements of the 2010 Plan to increase residential and employment densities. Motion was made by Commissioner Rosenlieb seconded by Commissioner Frapwell to receive and file the Phase 1 Feasibility Study for the Metropolitan Bakersfield Fixed Guideway Passenger System. Motion carried. VERBAL Mr. Hardisty reminded the Commission of the Business Outlook Conference on January 15, 1991, stating he had tickets for those wishing to attend. MinUtes, PC, 1/9/92 11. COMMISSION COMMENTS Commissioner Anderson asked for report on the School Task Force. Page 14 Mr. Gauthier said a decision was made at the last meeting .to send an interim report to the Planning Commission, City Council and .Board of Supervisors regarding the status of the task force. A sub-committee was appointed to prepare the nexus document on impacts of development on local school districts. A comprehensive look at an answer will be coming back to the task force, then to the Planning Commission. Commissioner Anderson added there is a need for the commission to feel that the school districts are mitigating the cost of constructing new schools. He stated the City Schools will be offering a seminar to discuss year-round schooling. Prevailing wage was also discussed, and standardization of plans for school sites. Discussion. continued regarding school funding issues. Attorney Sherfy reminded the Commission that items being discussed were not on the agenda. Commissioner Anderson said it would be appropriate for any commission member wanting to attend the task force meeting may to do so and give testimony at that time. Commissioner powers asked that an item be added to the agenda regarding school task force meetings after each meeting so that it may be discussed. Commissioner Anderson reported on the discussion regarding consolidation of districts. He stated the next meeting would be held January 29, 1992, with the hopes that a report would be back from the sub-committee meeting at this time. Mr. Hardisty said this item will be placed on each agenda following a task force meeting. Commissioner Rosenlieb said she has had difficulty keeping up to date with the traffic impact fee changes. In response to comments by Commissioner Rosenlieb, Mr. Hardisty clarified a 2-1/2 hour meeting was held in which those representatives of the Building Industry Association were told that a traffic study is not required on every project. It is not required now nor has it ever been required on every Project. They are only required on projects which have apparent potential impacts which have not been mitigated through design or previous approvals. The Public Works Department during their evaluation, has agreed that in reviewing a project, if it included payment of the current fees they would accept it has having less than a significant impact on the regional system. It is the option of the applicant to pay the fee or provide a study identifying impacts. Minutes, PC, 1/9/92 Page 15 'Responding to a question by Commissioner Rosenlieb, Mr. Hardisty said applicants are required to pay a specific amount or greater amount if deemed to be necessary. Commissioner Anderson asked for update on changes to the Garces circle. Mr. Walker said direction was given not to implement changes to cloSe off a ramp entrance.. Striping'was added to.clarify one lane which was being used as two. 12. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at' 7:38 p.m. Laurie Davis Recording Secretary ~// planning Director ~/