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HomeMy WebLinkAbout11/21/91MINUTES .OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, November 21; 1991, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue; Bakersfield,. California. 1. ROLL CALL COMMISSIONERS: Present: JIM MARINO, Chairperson STEVE ANDERSON, Vice Chairperson TERI BJORN STEVE MESSNER C. ROBERT FRAPWELL, Alternate Absent: DAVID COHN DARREN POWERS KATE ROSENLIEB ADVISORY MEMBERS: Present: STAFF: Present: LAURA MARINO, DepUty City Attorney FRED KLOEPPER, Assistant Public Works Director CALVIN BIDWELL, Building Director JACK HARDISTY, Planning Director .JIM MOVIUS, Principal Planner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary 2. -PUBLIC STATEMENTS o No one made any Public statements at this time. Chairman read the notice of right ~to appeal as set forth'on the agenda. APPROVAL OF MINUTES Motion was made by Commissioner Anderson, seconded by Commissioner Bjorn to approve .minutes of the regular meetings held October 3, and October 17, 1991. Motion carried.- Commissioners Corn, Powers and Rosenlieb were absent. Minutes, PC, 11/21/91 Page 2 WALL AND LANDSCAPE PLAN - TENTATIVE TRACT 5446 Commissioner Bjorn stated she previously represented' the fOrmer land owner on this project, however in consulting with the City Attorney, it was found she would have no'legal conflict on this matter. Staff report Was given. Raveena Darling represented the applicant. A handoUt was given to the commission on this item, which she outlined. She felt for pilasters to be effective from the roadway they must stick out from the wall which creates a maintenance problem. She-said they are proposing to have a more uniform design without shrubbery. They are incorporating three varieties of trees for a more aesthetically pleasing design. Their consultant felt with proper irrigation and root control there would be-no problem with using the coastal redwoods in the planters. They are willing to adjust the wall to allow fOr 10 feet of spacing to make it a free, standing wall in order to allow for easy maintenance and eliminate security concerns. Mr. Hardisty commented, on this proposal saying he tended to' feel that a shrub- like tree can 'be Worked .with to achieve the effect of variation in landscape appearance. He considered the box-like situation on the corner a trap and felt opening it up would allow those passers by a more secure feeling. Responding to a question by Commissioner Anderson, Mr. Hardisty said'the 10- foot opening would relieve his security concerns. · Regarding a question by CommiSsioner Messner, Mr. Trone said if proper variety trees were planted, there" would not be a maintenance problem with them being planted in turf.. The maintenance issue is having the area between the 5'4" wall and .6 foot wall' being closed on one side. There are no other foreseen maintenance problemS. Mr. Hardisty clarified Landscape Resolution #1-90 regarding visual physical relief from. wall span. Having a variation in shrubs and trees would be within the Commission's authority to find a shrub-like tree would achieve the desired effect. Responding to a question by Commissioner Anderson, Mr. Hardisty said staff likes the cap to. have a contrasting characteristic about it, however it is not a requirement.. Ms. Darling'described the cap for Commissioner Bjorn saying the cap is the same color as the wall. .~ Minutes, .PC; 11/21/91,._ Page 3 Mr. Hardisty'said the type of cap-desired would be a finished cap. Regarding-a question by Commissioner Bjorn, Mr. Hardisty said he would like an opportunity to prepare a set of conditions which would better reflect an approval. If the Commission is inclined to approve this he would request a continuance to allow an opportunity to prepare these conditions. Ms: Darling indicated a continuance would be acceptable to them. Motion was made by Commissioner Bjorn, seconded by Commissioner Frapwell to continue this item to the next regular meeting of December. 51 199i and direct staff to prepare a motion, and findings along the lines of discussion at this hearing. Commissioners-C0hn, Powers and-Rosenlieb were absent. 5. COMPREHENSIVE SIGN PLAN 3-91 A letter requesting a continuance on this item was received from the applicant. Chairman Marino stated that this item would likely be' referred to Committee and recommended the applicant be at this committee meeting. o .Motion was made by Commissioner Anderson, seconded by Commissioner Bjorn to send this' item-to the sign committee on December 3, 1991 at noon in the. basement conference room and continue the item to the next regular meeting of December 5, 1991. Motion carried. Commissioners Cohn, Powers and Rosenlieb were absent. EXTENSION OF TIME FOR OPERATION OF A TEMPORARY o STRUCTURE 5231 STINE ROAD This item was withdrawn by the applicant. PUBLIC HEARING'- TENTATIVE PARCEL MAP 9716 Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Herb Hull was present to speak in favor. Regarding conditiOn #1 relating to drainage he asked that it be changed to reflect that all drainage be retained on site. Mr. Kloepper said the intent of the condition was that the additional _ drainage that may run off'the site would be retained On site, with a shallow swale. It would require a small depressed area. The natural runoff Would be 'allowed. Minutes, PC, 11/21/91 - .- Page 4 Regatding Item #VIII Mr. Hull said if they were to approve Bella Drive it would create a double-frontage situation, it is not used and does not go anywhere. Mr. Kloepper said the-conditions were-written with recognition of the situation in mind. Construction is not being required on Bella Drive at this time nor in the foreseeable future. In response to a question by Chairman Marino, Mr. Kloepper said the Street improvement plans for Bella Drive could be included in the covenant. Mr.'Hardisty felt as long as Bella Drive is a mapped street its future improvements need to be taken into account. If the street were to be abandoned there would be no need for improvements. Mr. Hull wanted improvements for his client's lot to be-bonded for in order to allow for connection of streets for future development. Mr. Kloepper said the standard for Paving has been cut to the absolute minimum with curb and gutter being deferred. Mr. Kloepper said bonding would be permitted, however occupation of the structure would not be -permitted until the improvements' have been completed and accepted. Mr. Hull felt' that plans and profiles for this area would not work at this time. Public Portion of the hearing was closed. Responding 'to a question by Chairman Marino, Mr. Kloepper said there are nO structures on this Site and-the property owner would not be prevented from constructing a house on the site at this time. Regarding a request by Commissioner Anderson about the memo from the Water Department dated November 20, 1991, Mr. Hardisty said within the last year the neighborhood has been involved in efforts to create a water service arrangement, however the water is not of very good quality and Mr. Dow questions the advisability of continuing to approve divisions of land which would create an even greater demand on a strained system. Although the water is not of the best quality the Health Department feels it is potable and has advised the City of this, which does not allow for denial of the map on the .basis of lack of sufficient potable water. The issue of the signature of the "will serve" letter needs to be clarified. Darrell Ward responded to a question by Commissioner Anderson regarding the signature of the "will serve" letter saying by purchasing ~the property he bought into an ownership position in the well association that serves this property. He stated he was going to take it to the manager of the well association, who told him he could sign because his part-ownership gave him that authority. Minutes, PC, 11/21/91 Page 5 In response to a question by Commissioner Anderson, Mr. 'Hardisty said the legal issue is whether the partnership in the well association' allows authority to sign on behalf' of the association, stating his concern about this. Mr. Hull said they would agree to conditional approval based on the stipulation that they receive a letter from an officer of the well association acceptable to the staff. Mr. Hull respOnded to Commissioner Anderson's.question saying there are adequate services available to provide for the two homes proposed. Mr. 'Kloeppe} responded to question by Commissioner Messner saying the concern with deferring all improvements on Pitts Avenue and placing a lien on the property-would be the increase of dust generation on .a dirt road due to additional traffic. ReSpOnding to a question by Commissioner Bjorn regarding Condition #VIII-C, Mr. Kloepper said the deferral of improvement plans would be until such time as deemed necessary by the City Engineer. Motion was made by Commissioner Bjorn, seconded by Commissioner Anderson to approve Proposed Tentative Parcel Map 9716 subject to the conditions outlined in the Exhibit "A" attached to the staff report, with the following changes: Condition #VIII-C - Public Works: The first sentence to be changed to read: "Prior to recordation of the parcel map engineered improvement plans for Pitts Avenue sh all be submitted to and approved by the City Engineer.".' A new sentence added to-read as follows: "Engineered improvement plans for Bella Drive may be deferred Until deemed necessary by the City Engineer.'' The addition 'of Condition #5 of Planning Department conditions to read as follows: A will-serve letter signed by an officer or director of the Panorama Well Association-shall be furnished to the City prior to issuance of a building ' pbrmit. Motion carried. Minutes, PC, 11/2!/91 Page 6 8.1 PUBLIC HEARING - TENTATIVE TRACT 5444 Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. 8.2 Mike Mason spoke in 'favor stating he had no problems with conditions of approval. Public portion of the hear, ing was closed. Motion was made by'Commissioner Messner, 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 5444, subject to the conditions outlined in the Exhibit "A" attached to the staff report. Commissioners Cohn, Powers and Rosenlieb were absent. 'PUBLIC HEARING - TENTATIVE TRACT 5556 Staff rePort was given. This was a continued public hearing. No one spoke in opPosition. Mike Callagy was present representing the developer. acceptable. Public portion of the hearing was closed. He stated conditions were Commissioner Messner thanked the applicant for his participation in the Committee meeting. He. noted that they made an expression of support by providing materials for a chainlink fence north of Duninger Street. The crime problem will ultimately be solved when development occurs. Regarding 'a question-by Chairman Marino about the 'ability of the city to set the electric meter to maintain landscaping on Oswell Street, Mr. Trone said this issue is being revieWed, however it was indicated to him that it would not be a problem. Chairman Marino asked for a future update on this item. Motion was made by Commissioner Anderson, seconded by Commissioner Messner to approve Proposed Tentative Tract 5556 subject to the conditions outlined in the Exhibit "A, attached to the staff report. Motion carried. Commissioners Cohn, Powers and Rosenlieb were absent.. MinUtes, PC, 11/21/91 Page 7 8.3 PUBLIC HEARING - TENTATIVE TRACT 5018 PHASES C AND D 9.1 Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Randy Bergquist Was present.. He requested that Conditions V-B. 1, VIII-B.1 and IX-B-be deleted because they concern a request to place a sub-street to the east. This condition requires a traffic study be performed. After discussing this with staff he did not feel they are needed on the tract at this time. Mr. Kloepper said staff would support this request. ~ Public portion of the hearing was closed. Regarding a question by Commissioner Anderson, Mr. Kloepper said at the time conditions were written everyone concerned was not involved however, after receiving all information it was felt staff could agree with this request. Motion Was made by Commissioner Messner, seconded by Commissioner Anderson to make all findings set forth in the staff report, and to approve Proposed Tentative Tract 5018 C & D, subject to the conditions outlined' in the Exhibit "A" attached to the :staff report, with the following changes: Deletion of Public Works Conditions V-B.1, VIII-B.1 and IX-B Motion carried. Commissioners Cohn, Powers and Rosenlieb were absent. PUBLIC HEARING - ZONE CHANGE 5233 -- APPLICATION BY CITY OF BAKERSFIELD-TO AMEND THE ZONING BOUNDARIES FROM AN M-1 (LIGHT MANUFACTURING) AND M-2 (.GENERAL MANUFACTURING) ZONES TO AN R-1 (ONE FAMILY DWELLING), C-2 (COMMERCIAL) M- 1 (LIGHT MANUFACTURING) AND OS (OPEN SPACE) OR MORE RESTRICTIVE ZONES FOR PROPERTIES LOCATED WEST OF COFFEE ROAD, EAST OF CALLOWAY DRiVE, SOUTH OF THE A.T.& S.F. RAILROAD AND NORTH OF BRIMHALL ROAD. (Negative declaration on file) This item was continued from the regular meeting of October 17, 1991. Commissioner 'Anderson abstained from hearing this item due to a conflict of interest in that he has provided services for an adjoining property owner. Regarding a comment by Commissioner Frapwell, Mr. Hardisty said although he Minutes, PC, 11/21/91 Page 8 was-not present at the previous hearing on this item, no testimony was taken and Mr. Frapwell could therefore hear this item. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Public portion of the hearing was closed. Mr. Kloepper recommended because this area falls under the McIntosh General Plan Amendment, those requirements be applicable to this site as well. Motidn was made by Commissioner Bjorn, :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 same to the City Council subject to the ~foHowing conditions of approval: The developer shall provide a minimum of 10 feet of landscaping Outside the rOad right-of-way on the north and south sides of Brimhall Road, between Coffee Road and Calloway Drive. All 'development within' the zone change area shall comply with the mitigation measures specified in the Mclntosh General Plan Amendment. Motion carried by .the .following roll call vote: AYES: Commissioners Bjorn, Frapwell, Messner, Marino .NOES: None' ABSENT: Commissioners Anderson, Cohn, Powers, Rosenlieb -Minutes, pC, 11/21/91 Page 9 9.2 FILE 5252 - TIME SET FOR PUBLIC HEARING ON AN APPLICATION BY KERN COLLEGE LAND COMPANY TO AMEND THE ZONING -BOUNDARIES FROM AN A (AGRICULTURE) ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) AND C-2 (COMMERCIAL), OR MORE RESTRICTIVE ZONES FOR PROPERTIES LOCATED SOUTH OF WHITE LANE, WEST OF OLD RIVER ROAD, EAST OF MOUNTAIN VISTA DRIVE AND BISECTED BY SADDLE DRIVE (Negative Declaration on file) Commissioner Anderson abstained from hearing this item due to a possible conflict of interest in that he is performing services for a property owner in the area. Chairman Marino cited a letter received from the applicant requesting continuance. - Chairman Marino clarified for those present that a continuance has been requested, howe~er not to any date certain. The applicant has been requested to provide the commission with a traffic impact study. Mr. Hardisty suggested the public hearing be opened to allow those present to give testimony. Responsing.to a question by Chairman Marino, Mr. Hardisty said regarding the continuance, there would be a need to readvertise this item which is the direction staff will proceed in. Public portion of the hearing was opened. Hilary.Maniaci spoke. In response to a request, Chairman Marino cited a letter which is on file that would provide information for her concerning the applicant of this project. Tom Marl Was concerned about the possible financial interest of Commissioner Anderson in this matter. He said they did not want this area zoned commercially. He felt-they should look into the possibility of going across White Lane on the north side. There are areas that have not been developed that could be used for Commercial zoning. This commercial zoning would put it in their back yard. He proposed that the zoning be R-1. Minutes, pC; 11/21/91 Page 10 John Sonka Stated he lived next to subject property. He was in favor of the commercial zoning being-across White Lane where no single family homes exist. He said many neighbors were concerned about noise and crime. He said signatures from the neighborhood in opposition to this request would be forthcoming. Kerrie Snyder said she and her husband were in opposition to the zone change request. She felt changing the zoning to commercial would be detrimental to the area. Not only would it be incongruous with the existing housing development but would also pose possible safety and standard of living threats. He felt there was available area on the Other side of the street for this development. Daniel Owens, 9904 Cimmaron Trails, stated this proposed area was_directly behind his home and he was in opposition to it. He felt this zoning would contribute to crime and loitering from the local high school students. He suggested the proposed zone be amended to R-1 to be in harmony with the - existing neighborhood. Helen M0reno, 9809 Cimmaron Trails Drive, said she opposed the commercial zoning and proposeda rezoning to R-1. She was opposed to this proposed zone change because she felt there would be an increase in automobile traffic, congestion, noise, pollution, crime, vandalism, safety and aesthetics. She noted her observation that other commercial areas are not next to residential lots, and others that .are backed up to multi-family lots or located on their own separate lots. Glenda Fitzgerald, 9908 Cimmaron Trails, spoke. She said she was very concerned about safety issues relating to this development. She was also concerned-about the _decrease of home values, obstruction of her view, noise and combustion. Pat O'Bryan, 9832 Cimmaron Trails Drive, spoke saying this proposal would be directly behindhis house. He was concerned that if this is changed to commercial zoning it would be frequented by high school children. He was also concerned about the height of the wall being obscured by the height of the structure. He was in favor of single family dwellings being constructed on subject site. 'Lonneda Lowe, 3501 Saddle Drive, spoke said she was employed by Stockdale High School. They are attempting to have a closed campus and she felt the young peOple did not need an additional place to hang out. She said she and her husband were in favor of residential development. Minutes, PC, 11/21/91. 'SOphia Carbajal, stated homes should be built. due to the height of the fence. Pedestrian and vehicle traffic. Page 11 She said she was afraid of liability She was also concerned about increased Alan Holzman, 9704 Cimmaron Trails Drive, said he owned a two-story home which looked directly onto this property.. He concurred with all other comments previously made. Pam Frasch stated her property abuts the proposed commercial zone. Her concern was with the lighting behind a shopping center abutting residentially zoned property, the increase of noise and change to the .neighborhood. Public portion of the hearing was closed. Commigsioner Messner said he shared the concerns raised by those speaking. Mr. Hardisty responded to a question by Commissioner Messner, saying current general plan designations.for this property are commercial and multi-family. Commissioner Messner stated for those present that the zoning was decided during the 2010 General Plan hearings. Regarding the commercial development abutting residential, he said the Commission is aware that if it is to work it must be carefully scrutinized-and buffered. Mr. Hardisty' gave a history of the 2010 designation for this property being that the Planning Commission denied it and it was approved upon appeal to the City Council. In response to a noticing Process Responding to a regarding policy request by Commissioner Bjorn, Mr. Hardisty outlined the for those present, and the future process on this item. question by Mr. Marl, Mr. Hardisty provided information Of clustering of commercial development. Responding to a question by Chairman Marino, Mr. Marl said the size of his lot is approximately 6,000 square feet. Chairman Marino clarified Commissioner Anderson's conflict of interest being that he is providing services to a property owner across-the street. Responding to a question by Commissioner Bjorn; Mr. Hardisty said his recommendation was to ta*ke this item off calendar to be readvertised when there is a certain project. · MinUtes,'PC, 11/21/91 page. 12. - Motion was made .by Commissioner Bj°rn, seconded by Commissioner Frapwell to withdraw this' item from calendar to be readvertised at a later date when a specific project is available. Motion carried. Commissioners Cohn, Powers and Rosenlieb Were-absent. -. 10. RESOLUTION AMENDING HEARING DATES FOR THE MONTH OF 11. JANUARY, 1'992 Motion was made by Commissioner Frapwell, seconded by Commissioner Bjorn to adopt a Resolution amending hearing dates for the month of January, 1992 from January'2 and 16, 1992 to January 9 and January 23, 1992. Motion carried by the following r011 call vote: AYES: CommissionersAnderson, Bjorn, Frapwell, Messner, Marino 'NOES: 'None .ABSENT: Commissioners Cohn, Powers, Rosenlieb COMMUNICATIONS A) Written Mr. Hardisty brought Commission's attention to a table of fees compiled'at the request of Commissioner Rosenlieb. The first draft was received at the previous meeting, however minor corrections were made in the current one. 12. B) Verbal None COMMISSION COMMENTS Commissioner Anderson clarified for the record he does not have a financial interest in the' property located on White Lane of the Zone Change #5252 previously 'on the agenda. Minutes, PC, 11/21/91 Page 13 13. ADJOURNMENT .There being no further bUsiness to come before the Commission, meeting was adjourned at 7:32 p.m: Laurie Davis Recording Secretary