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HomeMy WebLinkAbout06/03/93 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, June 3, 1993, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: Absent: DARREN POWERS, Chairperson STEVE MESSNER, Vice Chairperson DOUG DELGADO KENNETH HERSH JIM MARINO KATE ROSENLIEB JEFF ANDREW BILL SLOCUMB, Alternate ADVISORY MEMBERS: Present: STAFF: Present: LAURA MARINO, Assistant City Attorney FRED KLOEPPER, Assistant Public Works Director DENNIS FIDLER, Building Director JACK HARDISTY, Planning Director JIM MOVIUS, Principal Planner JENNIE ENG, 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. 3. CONSENT AGENDA ITEMS None 4. PUBLIC HEARING - CHANGE OF CONDITIONS - TENTATIVE TRACT 5649 This item was withdrawn by the applicant. Minutes, 6/3/93 5.1) Page 2 PUBLIC HEARINGS - EXTENSION OF TIME - TENTATIVE pARCEL MAP 5.2 9277 Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Commissioner Rosenlieb felt since it has been the policy of the Commission not to approve applications without the presence of the applicant to concur with conditions, she suggested this item should be continued. Chairman Powers asked that it be moved until after Agenda Item #8, stating he felt the applicant would be present by that time. Commissioner Rosenlieb made the motion, seconded by Commissioner Marino to move this item after Agenda Item #8. Motion carried. PUBLIC HEARING.- EXTENSION OF TIME - TENTATIVE TRACT 5226 OPTIONAL DESIGN Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. John Mixon represented the applicant. He stated their concurrence with the staff report. Public portion of the hearing was closed. Responding to a question by Commissioner Rosenlieb about Condition #12 of Public Works conditions, Mr. Kloepper said it could be deleted, stating a process for requiring it is in the works. Motion was made by Commissioner Messner, seconded by Commissioner Marino to approve a one-year extension of Tentative Tract 5226, to expire May 2, 1994, subject to the conditions referenced as Exhibit "A" of the staff report, with the' following change: Deletion of Public Works Condition #12 Motion carried. Minutes, 6/3/93 - Page 3 6.1 PUBLIC HEARING - TENTATIVE TRACT 5657 (OPTIONAL DESIGN) 7.1 ZONE CHANGE #5415 'Staff report was given. Dr. Kenneth Garland spoke Saying the additional residents of this project would impact the Bakersfield City School District by approximately 500 students. He felt this project needs to be delayed. Responding to questions by Commissioner Hersh, Mr. Garland stated it was his understanding that information has been submitted to the City Council regarding required school mitigation for general plan changes and rezonings. Mr. Hardisty said the city has been participating in a task force in order to facilitate the resolution of the school issue. The committee has come to an agreement, however it is being fine tuned and he felt it would be formally adopted by the school districts and various development groups. Discussion continued regarding the school fee issue. Ms. Marino said the city has no authority to come up with and impose a fee. State law gives this power to the schools, therefore in the majority of cases a uniform compromise can be reached with the agreement. Dan MUrphy represented the applicant. He stated they tried to resolve the . conditions before this hearing, however were unsuccessful because of time constraints and misunderstanding. He submitted his requested changes to conditions. He asked that Condition #3 be deleted because he felt it contradicts their design concept. He stated his revision to condition #5 as outlined on the revision sheet submitted to the Commission. Mr. Kloepper stated his agreement with the revision to Condition #5 and his disagreement with any change or deletion of Condition #3 because he felt flexibility exists. Regarding revision to Condition #7, Mr. Kloepper said it is an informational condition since it is required by standards and recommended no change. He stated the change to Condition # 11 being that it is a clarification. He also outlined the change to Condition #15, Mr. Kloepper stated his agreement with these proposed changes to Condition #'s 11 and 15. Regarding their substitute condition for Condition #21 Mr. Murphy stated they felt their revision satisfies the need for emergency access, however they would be agreeable to work with staff if it is their opinion it is insufficient. Regarding the memo from the Parks Department concerning their apprehension of maintaining large landscaping areas along Highway 178 he said their feeling is that the character of Highway 178 is not crucial to the success of this development because the main access is off Paladino. He did not see a strong need for a large amount of landscaping. Rob Cramer, City Parks Division stated he spoke with the applicant who stated they were not proposing Minutes, 6/3/93 Page 4 landscaping along Highway 178 which he said the Parks Department was agreeable with. He stated his concurrence with deletion of Condition #21. RespOnding to questions by Commissioner Hersh regarding fire safety issues, Mr. Murphy said this area is within the Olcese Water District. Commissioner Hersh stated his concerns regarding fire is the setback of structures from the grass areas. Mr. Murphy said with the final map, 50-foot setbacks would be created from the rear property line to the nearest building structure. He also stated disagreement with Planning Department condition #16. Regarding Dr. Garland's comments he said they understand and are sympathetic with the school situation and have identified a potential area for an elementary school, however did not feel it was a reason to delay the map or condition it with the formation of an assessment district. Dennis Scott, Kern High School District, spoke stating they support _staff recommendation for school mitigation on this project. Public portion of the hearing was closed. Commissioner Rosenlieb said she would favor sending this project to a' committee, saying she is not comfortable with the secondary access issue. Responding to questions by Commissioner Rosenlieb, Mike Kelly, Deputy Fire Chief agreed that the proposal for an extra wide entrance would not satisfy the requirement for a secondary access. Responding to Commissioner Rosenlieb's questions, Ms. Marino said the application for this tract was submitted and deemed complete prior to the amendment to the circulation element for this area. Responding to a question by Commissioner Rosenlieb, Mr. Hardisty said no earthquake faults have been found for this area. Responding_ to a question by Commissioner Rosenlieb, Mr. Hardisty said a condition that the final map reflect a lot design on Lot 24 adequate to provide ..the required 50-foot setback needs to be a condition of approval. Regarding lack of water pressure over 900 feet, Mr. Hardisty responded to Commissioner Rosenlieb saying this project cOUld be phased up to 900 feet and then'stopped. Commissioner Rosenlieb said she had difficulty with the finding which indicates all urban services are available. Mr. Kelly said conditions are placed on tracts with regard to fire flow requirement. No fire flow will be accepted with a residual pressure of less than 20 pounds which is designed as a safety feature for fire fighting. He said boosting water up a 900-foot elevation Minutes, 6/3/93 Page 5 change'and demonstrating a 20-pound residUal pressure will be no small task. It would take a significant booster pump: He said he and the fire chief were uncomfortable making a recommendatiOn of support at this time due to the fact they do not have adequate information nor adequate time for review. Commissioner ROsenlieb was concerned with conditions #10 and #11 not requiring this tract to tie into the Rio Bravo sewer system. Mr. Kloepper felt Condition #10 requires this. Mr. Kloepper responded to concerns by Commissioner Rosenlieb, saying Condition #10 should be worded to read that 'Bakersfield .Municipal sewer system is not currently available. He stated however that the Rio Bravo system does constitute a permitted sewerage system. He said he would not recommend penalizing this development or the neighboring development pending Completion of the assessment district or sewer up to it. Commissioner R°senlieb stated her concurrence With Mr. Kloepper's comments saying she would like 'to see condition #33 to remain as it exists. She also stated her concern with the landscaping situation and the memo from the Parks Department. She stated she understood the problem, however asked that the Parks Department bring forth a solution. She asked about the criteria for Highway 178. Mr. Hardisty said some low maintenance landscaping should be looked at for 178, however it should not be grass turf or parkway type ground covering~ She stated she had no problem with the proposal for an entry median not to serVe as a secondarY access, however would like to see lot 1 conditioned so that a driveway would have to be on this side. Regarding the condition of indemnification; she asked if this would be placed on every future application. Ms. i Marino stated it wou.ld be. She also stated regarding Mr. Murphy,s letter regarding school fees that the city does not impose school fees, the school district does. CommisSioner Powers stated he is not comfortable with the proposed secondary access because he felt it has the potential to become an eyesore and a nuisance. Regarding the issue of water pressure, boosting it is an accepted means of bringing it up.- He said he would like to see the zone change move ahead. Responding to question'by Commissioner Messner, Mr. Kelly Said he did not feel a significant amount of time would be necessary to resolve the fire safety issues, however additional information is needed from the developer. Responding to questions by Commissioner Messner, Mr. Murphy said he felt the condition regarding school fees references a minimum of $2.65. He was concerned about the wOrd "minimum" being used. Regarding the water issue, he said OlCese has a master plan for the entire northeast area within their district. They understand that a booster pump will be necessarY to provide water for this tract.. - - Minutes, 6/3/93 Page 6 Discussion continued regarding the amount of mitigation. Discussion continued regarding fire flow requirement. Mr. Kelly, Assistant Fire Chief said if requirements are met the fire department would be satisfied. Commissioner Marino said he didn't see any requirement for gating the secondary access at both ends. Motion was made by Commissioner Marino, seconded by Commissioner Rosenlieb to make findings set forth in the staff report and approve the proposed negative declaration and zone change as advertised and recommend adoption of the same to the City CounCil subject to the mitigation measures as conditions of approval, noted in Exhibit "A," with the revision to condition #7 to read as follows: PriOr to the issuance of a building permit within the project area, $3.366 per square foot of assessable space shall be paid for the purpose of providing school facilities. Motion carried by the following roll call vote: AYES: Commissioners Delgado, Hersh, Marino, Messner, Rosenlieb, pOWers NOES: None ABSENT: Commissioners Andrew, Slocumb Commissioner Rosenlieb stated she would prefer to continue the tract for two meetings because the next meeting contains a very heavy agenda. She also asked that-Mr. Murphy meet with the Fire Department and Public Works prior to the commission meeting in order to explore every possibility for secondary access. She also asked the Parks Department to come up with an idea on what will work for Highway 178 in terms of how it will be dealt with regarding landscaping. Regarding non-combustible roofing she felt this was a possibility also stating the fire department may want to consider making this a standard. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Hersh to send this item to the Subdivision Committee to meet just prior to the meeting of July 1, 1993. She stated she would like staff to rewrite the staff report to incorporate the conditions that staff does not disagree with as rewritten by the applicant. She stated she also wanted the item on Page 3 of the staff report regarding the setback problem of Lot 24 to be incorporated into the conditions' and the possibility of rewriting conditions of dealing with secondary access to be taken into consideration in order to consolidate the issues. She also stated the Minutes, 6/3/93 Page 7 comments regarding the 50-foot setback from agricultural property are not incorporated into the conditions of approval. Discussion continued regarding changes to conditions. Motion carried. 6.2 6.3 PUBLIC HEARING - TENTATIVE TRACT 5680 PUBLIC HEARING - TENTATIVE TRACT 5683 (VESTING) Commissioner Powers stated a request had been received for continuance on this item as well as agenda item #6.3. He waived staff report on both these items. He opehed public portion of the hearing on these items. 7°2 Motion was made by Co~nmissioner Rosenlieb, seconded by Commissioner Messner to continue these items to the regular meeting'of July 1, 1993. Motion carried. ZONE CHANGE #5464 Staff report was waived. Chairman Powers stated the applicant was not present on this item as well as on Item #5.1 that this item relates to. ~ Public portion of the hearing was opened; no one was present to speak in opposition or in favor. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Marino to continue this item to the regular meeting of July 1, 1993. Motion carried. Responding to a question by Commissioner Rosenlieb, Mr. Kloepper said there will .eventually be a median on Mt. Vernon Avenue. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Hersh to continue Agenda Item #5.2 to the regular meeting of July 1, 1993. Motion carried. Minutes, 6/3/93 . 8. GENERAL PLAN CONSISTENCY FINDING - LOCATED AT THE Page 8 WESTERN TERMINUS OF MOHICAN DRIVE GENERALLY LOCATED 10. EAST OF JEWETTA AVENUE, NORTH OF NORIEGA ROAD. Commissioner Marino abstained due to a conflict of interest in that his employer is involved in this' application. Staff report was given. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Hersh to make a finding pursuant to Government Code 65402. Motion carried. COMMUNICATIONS A) Written. Mr. Hardisty stated two letters were distributed relative to a general plan amendment and zone change on Stockdale Highway which would be coming up at the next meeting. Commissioner Powers stated he had also received this letter at his residence. B) Verbal None COMMISSION COMMENTS Chairman Powers istated he would like an item added to the next agenda so that the possibility of an amendment to the by-laws changing the election date of officers from the second meeting in June to the first meeting in April could be discussed. He said a situation is created with this scenario in which a person could be chair or vice-chair and not be able to complete their year in this Position. Mr. Hardisty said something could be written up for debate at the next hearing. RespOnding to a question by Commissioner Messner, Ms. Marino said the impact of the memo from her office would be that the Joint Council/Planning Commission committee meetings would be noticed to the public. Minutes, 6/3/93 A. Committees l) 2) 3) -4) Page 9 General Plan Commissioner Rosenlieb said there was not another meeting scheduled, however a proposal exists to change the language of the general plan for sewers coming up at the next meeting. Zoning Ordinance No new information. Sign Ordinance Commissioner Hersh said the committee's changes are almost complete. Recently an issue has come up within the landscaped area within certain general and specific plans in which a loop hole exists in the ordinance. The committee is in the process of trying to get this taken care of and incorporated into the revamping of the ordinance. He stated another committee should be held shortly asking staff to arrange this. Subdivision and Public Services Commissioner Marino stated Subdivision Committee met and started looking at setbacks and alternate street rights-of-way. He said the committee would come back before the Commission with a proposal to provide for 96-foot wide collector streets and 122-foot wide arterials to accommodate the landscaping which is being required. He said it was decided that possibly a workshop should be scheduled. Commissioner Rosenlieb said the committee would like to have this workshop within the next month. Commissioner Rosenlieb felt possibly a workshop could be held separate from a commission meeting in an informal setting as the pre- meetings are held. She said it would be noticed and the public could attend. Chairman Powers asked that staff and the committee finish and distribute their proposal prior to this workshop. A tentative date was set for June 30th at 5:30 p.m. Commissioner Rosenlieb stated this item should be added to the next agenda for discussion of this date. Chairman Powers asked if this would be noticed with the Commission receiving a packet. Minutes, 6/3/93 Page 10 5) Trails and Ways Commissioner Marino stated a meeting was scheduled for June 15th regarding equestrian trails in the northeast. He also stated he would like to have a meeting scheduled to discuss bike paths, starting off with responding to Debbie Boozer. He asked that this meeting be scheduled and that she be contacted. 6) Parks and Environmental Quality Act No new information. 7) ' Joint Council/Planning Commission No new information. 11. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 7:24 p~m. Laurie Davis Recording Secretary