Loading...
HomeMy WebLinkAbout05/06/93MINUTES OF THE REGULAR MEETING_ OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, May 6, 1993, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. ROLL CALL COMMISSIONERS:- Present: Absent: ADVISORY MEMBERS: Present: STAFF: Present: DARREN POWERS, Chairperson JEFF ANDREW DOUG DELGADO KENNETH HERSH JIM MARINO KATE ROSENLIEB BILL SLOCUMB, Alternate STEVE MESSNER, Vice Chairperson LAURA MARINO, Assistant City Attorney FRED KLOEPPER, Assistant Public Works Director DENNIS FIDLER, Building Director JACK HARDISTY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner JIM EGGERT, Principal Planner JENNIE ENG, Associate Planner. LAURIE DAVIS, Recording Secretary 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. CONSENT AGENDA ITEMS 1. Minutes of 3/4/93 and-3/18/93. Request fOr continuance of Agenda Item #6 (Tentative Tract 5226 Optional Design, Extension of Time). Minutes, PC, 5/6/93 Page 2 o Agenda Item #9.1 - Vesting Tentative Tract 5666. Agenda Item #9.2 - Vesting Tentative Tract 5667. Commissioner Rosenlieb stated she had a conflict of interest on one item, asking if she should have it removed. Mr. Hardisty informed her of her options of taking it off the agenda or abstaining from voting on the consent calendar. She therefore requested that Item #9.1 be removed from the consent calendar and stated she had a conflict with 'Item #9.2. Mr. Hardisty said these both could be removed. Commissioner Slocumb stated he and Commissioner Delgado Would have to abstain from approval of the minutes, stating if this were removed there would Only be One-item left on the consent calendar. Chairman Powers recommended that each item be removed from the consent calendar and taken one at a time. PRESENTAT:ION TO COMMISSIONER COHN Mr. Hardisty presented _a plaque of appreciation to Commissioner Cohn for his service as a planning commissioner. Commissioner Cohn stated it had been a pleasure serving on the commission. He encoUraged the commission to be vigilant toward continuing to plan for the city in what he felt would be explosive growth in the years to come.' 5. APPROVAL OF' MINUTES Motion was made by Commissioner Marino, seconded by Commissioner Rosenlieb to approve minu.tes of the regular meetings held March 4, and March 18, 1993. Motion carried. 6. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5226 OPTIONAL DESIGN Staff report was waived. Public-portion of the hearing Was opened; no one spoke in opposition. Motion was .made by Commissioner Rosenlieb, seconded by Commissioner Marino to continue this item to the regular meeting of June 3, 1993. Motion carried. Miniites, PC, 5/6/93 o PUBLIC HEARING - TENTATIVE PARCEL MAP 9630 (VESTING) Page 3 Commissioner Powers abstained due to a conflict of interest'in that he has received commissions from one of the property owners. Commissioner Andrew abstained due to a conflict of interest in that he has received commissions from one of the property owners. Commissioner Matin° chaired this hearing. Staff report was giv. en. Public portion of the hearing was opened; no one spoke in opposition. Roger McIntosh represented the property owners. He cited a letter he submitted requesting changes to conditions which he outlined for the Commission. Mr. ~ Kloepper stated his concurrence with all requests of Mr. McIntosh's May 5th letter. Mr. Hardisty stated on behalf of the Water Department and advice of legal counsel that Water Department ConditiOn #5 should be deleted. Regarding Condition #19, Mr. McIniosh gave history of this project, saying with the reWording they are asking for on Condition #19 they will be able to accommodate the main entrance on Brimhall as well as two additional drive approaches. Staff has concurred with this rewording. Public portion of the hearing was closed. Commissioner Hersh said he could not understand how Brimhall could not be an arterial due to the high traffic, stating possibly another approach should be included for the property. Mr. McIntosh said the design of the parcel map meets the. standards of the general plan in place at this time. Because Brimhall has been constructed upon further to the west, it would be difficult to widen the right- of-way to redesignate Brim:hall as an arterial. He felt with improvements the impacts would be mitigated. Responding-to a question by Commissioner Slocumb, Mr. Kloepper said at the time of full development if left turns out of the development onto Brimhall Road became a problem the city could enforce a right turn only situation. Commissioner Rosenlieb gave histopy on this situation, saying when it came before the Commission, the majority voted not to turn this property into commercial, however the commission was overturned at the Council level. She said she had no .comfort level with the traffic situation and also her concern that the street moving traffic onto Brimhall is without a median island. She also stated her concern_ with staff agreeing to two additional driveway cuts onto Minutes, PC, 5/6/93 Page 4 Brimhall. Responding to a question by Commissioner Rosenlieb, Ms. Marino said because this.is a vesting map Water Department Condition #5 can be deleted because the condition will be vested at this time, the condition is unnecessary. -Commissioner Rosenlieb-stated although she is not fond of this project and would like to change it, however couldn't, she would make a motion to approve it. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Hersh to approve and adopt the Negative Declaration, to make all findings set forth in the staff report, and to approve Proposed Vesting Tentative Parcel Map 9630 subject to the conditions outlined in the Exhibit "A" attached to the staff report, with the following changes: Deletion of Public Works Condition # 1 Deletion of Public Works Condition # 10 Rewording of Condition # 19 to read as follows: A waiver of direct access rights shall be required from all abutting parcels to Coffee Road from all abutting parcels except for one common access point for Parcels 15.and 18. Access shall be limited to one access point onto Brimhall for Parcels 17 and 18 and one for Parcel 1 in accordance with City of Bakersfield Standards. Deletion Of Public Works Condition #20 Deletion of Public Works Condition #21 'Rewording of Condition #24 to include a sentence at the end to read as follow-s: The lane shall ~be in operation prior to occupancy of any development on the project site'. Deletion of Condition #5 of Water Department conditions. Motion carried. Minutes, PC, 5/6/93_ Page 5 8. SPECIFIC PLAN AMENDMENT 1-93 (DEWALT GROUP) Commissioner Marino abstained due to a conflict of interest because of his employment by the applicant. He also-stated he would abstain on Agenda Item #9.3 if it is taken concurrently with this item. Chairman Powers stated this item would be taken concurrently with Agenda Item #9.3. Staff report was given. Public portion of the hearing was opened. Karen Long asked about Alki Court being opened into a street. She said thek reason_ for purchasing this property was that it was a cul-de-sac type street. She felt there is no valid reason for it to be opened up to another street. She asked that Seabeck COurt be extended rather than Alki. Responding to queStions by Chairman Powers, Mr..Kloepper said it was intended from the-time the tract was recorded that Alki Court would be extended through for Circulation purposes. Because of a condition imposed, by the Commission and an oversight on- the part of the developer the block wall was built along the entire eastern boundary of the previous tract giving the impression that the cul-de-sac would not go through. Because of construction of the wall and the impression that the cul-de-sac would not go through staff included a condition that would eliminate it-as'a through street on the current map. Property owner Of Lot 18 spoke stating he felt if this street goes through it would cause an eyesore. Chairman Powers clarified if the Commission takes the action recommended by staff the cul-de-sa~c-will not be opened. Steve~DeBranch represented the applicant. He reiterated that with the recommended approval there would not be a street put through. Sandra Clothier stated she and her husband were purchasing a home on Alki Court, stating she was not aware of the intention for the street to go through. Commissioner Rosenlieb stated this is not an issue any longer. pUblic pOrtion of the hearing was-closed. Minutes, PC, 5/6/93 Page 6 Responding.to a question by Commissioner Rosenlieb, Ms. Marino stated if a specific plan amendment is consistent with the general plan it can' be amended at any time. Discussion continued regarding procedure on this item. Mr. Hardisty suggested a motion be made to place this item on the next general plan cycle for hearing. Motion was made by Commissioner Rosenlieb, 'seconded by Commissioner Slocumb to continue both of these items to the next regular general plan cycle. Motion carried. Commissioner Powers voted no. 9.1 Mr. DeBranch asked if there would be any way in which they could be allowed to proceed with their project. Commissioner Rosenlieb said she would like to proceed with the agenda and if something can be worked out with staff the commission Could make a motion for reconsideration. PUBLIC HEARING - TENTATIVE TRACT 5666 9.2 -PUBLIC HEARING - TENTATIVE TRACT 5667 Chairman Powers stated agenda item #'s 9.1 and 9.2 would be heard concurrently. Staff reports were given. Michelle LaMoine represented the owner/developer. She stated their concurrence with- the findings and conditions of the staff report and requested approval, Public portion of the hearings were closed. Chairman pOWers stated regarding the issue of the block wall being located on the east side of the canal fence he had asked Mr. Cramer from the Parks Department to verify if the shrubbery would be enough of a screen to screen the canal from view of the road right,of-way. He indicated this was correct, therefore Commissioner Powers stated his support of this. COmmissioner Rosenlieb asked staff if a condition should be added for the orientation of lots which she felt was poor. Mr. Hardisty said it could be handled as an administrative process, however if the commission feels strongly that they should be changed, they Should specify the lots and reorientation. Commissioner Rosenlieb stated her objection to orientation of Lots 74, 75 and 66. She said the applicant agreed with a condition that would state that Lots 35, 36, 37, 74, 75 and 76 would-be reoriented on a north/south basis. Minutes, PC, 5/6/93 Page 7 Commissioner Slocumb Stated his concern with Finding # 13 saying he felt a masonry wall would be superior. Mr. Hardisty said the applicant proposed building a block wall in-lieu of the chainlink fence on their side which is all that would be required by ordinance. Ms. LaMoine stated it was her understanding that the' property owner's intent was to provide a block _wall at the back of the lots around the perimeter of the tract, however provisions for constructing tracts in-phases is unknown and the economy may change this. Motion was made by Commissioner Marino, seconded by Commissioner Andrew to. approve and adopt the Negative Declaration, to make all findings set forth in the staff report, and to approve Proposed Tentative Tract 5666 (Vesting) subject to the conditions- outlined in the Exhibit "A" attached to the staff report with the addition of a condition per the applicant's agreement as follows: Lots.74 and 75 of phase 1, Exhibit "B" Tract and Lots 66, 35~ 36 and 37 of Phase 2 of Exhibit "B" Tract will be reoriented north/south prior to recordation of the final map. Motion carried. Commissioner Rosenlitb stated she had a conflict on Tentative Tract 5667 (Vesting) due to the fact that her employer owns property in the vicinity. Motion was made by Commissioner Marino, seconded by_ Commissioner Hersh to approve and adopt the Negative Declaration, to make all findings set forth in the staff report, and to approve Proposed Tentative Tract 5667 (Vesting) subject to the conditions outlined in the Exhibit "A". Motion carried. SPECIFIC PLAN AMENDMENT 1-93 (DEWALT GROUP) Commissioner Marino abstained due to a conflict of interest. Mr. Hardisty noted that the applicant and representatives were still present from the neighborhood on th is issue. Mr. Hardisty recommended that this item be reconsidered along with the related Tentative Tract (Agenda Item #9.3) because the mapping designations are the same in the specific plan and general plan. In order to change these the map itself will have to be. changed. The policy section of the general plan allows for the manipulation of land use designations through the planned commercial development process, the planned residential process and specific planning process. He recommended that this be found consistenf with the general plan. Minutes, PC, 5/6/93 Page 8 Responding tO questions by Commissioner Rosenlieb, Mr. Hardisty said the general plan would be changed for correctness, however land use designations can be changed as long as they are balanced with density, distribution and land uses. ' Responding to a question by Commissioner Rosenlieb, Ms. Marino said this is an area within the general plan that is'covered by a specific plan and is an .appropriate .change since overall density and distribution of land uses is not being -.changed.. Commissioner-Rosenlieb felt in the future the city should be looking at handling specific plan amendments with 'general plan amendments. Motion was made-by Commissioner Slocumb, seconded by Commissioner Rosenlieb to reconsider this item. Motion carried. Ron Womack, 'resident of Alki Court asked if anything would change from the previous recommendation. Chairman Powers said it would not. Public portion of the hearing was reopened. N° one wished tO speak on this item. Public portion of the hearing was closed. Responding to a ·qUestion by Commissioner Rosenlieb, Mr. Hardisty said the setbacks Would vary from 25 to 27 feet, with the Commission having more discretion since this is a specific plan amendment. Discussion continued regarding the setback issue. Commissioner Andrew said he would be in favor of 23-foot setbacks. Discussion continued regarding setbacks and possible modifications. Responding to a question by Commissioner Rosenlieb, Mr. Hardisty said he would still recommend the revised motion as shown in the April 30, 1993 memo. Commissioner Rosenlieb said she did not feel entirely comfortable with staff's compromise. She said shepreferred the original 20-foot setback because it ensures a minimum 23-foot driveway and provides for setback on smaller lots. She said she would prefer to see 40 percent of the lots have 23-foot driveway and 60 percent of the lots have a 25-foot driveway. Commissioner Andrew felt because the minimum is 23 feet and it could be larger at the discretion of the developer he would make a motion supporting his original feelings on the matter. Minutes, PC, 5/6/93 Page 9 Motion was made by Commissioner Andrew, seconded by Commissioner Delgado to approve and adopt the negative declaration, to make-all findings in the staff report and approve proposed Specific Plan Amendment 1-93 to the Riverlakes Ranch/Unibell Specific Plan, subject to the conditions in the Exhibit "A" attached to the staff report and incorporating staff's recommendation listed in the Planning Director's memo. dated April 30, 1993. Responding to a question by Mr. Kloepper, Commissioner Andrew amended his motion to include the items identified in the memo dated May 6, 1993 from the Public Works Department. Motion failed by the following roll call vote: AYES: Commissioners Andrew, Delgado, Powers NOES: Commissioners Hersh, Rosenlieb, Slocumb ABSENT: Commissioners Messner, Marino Responding to questions by Commissioner Rosenlieb, Mr. DeBranch stated their agreement with her request'of 40. percent of the lots having 23-foot setbacks and 60 percent of the lots having 25-foot setbacks, being roughly equivalent to a 20- foot setback frOm property line. Motion was made 'by.Commissioner Rosenlieb, seconded by Commissioner Hersh to approve and adopt the Negative Declaration, to make all findings in the staff report, and to approve proposed Specific Plan Amendment 1-93 to the Riverlakes Ranch/Unibell Specific Plan, subject to the conditions in the Exhibit "A" attached to the staff report, and incorporating staff's recommendations listed in the Planning Director's memo dated April 30, 1993, the addition of the memo dated May 6, 1993 from the Public Works department with the following exception: Planning Department Condition #10 as outlined in the memorandum of April 30, 1993, to be amended to read as follows: For garages and carports which open directly onto a street, there shall be a minimum 23-foot driveway measured between the back of sidewalk and garage or carport on 40% of the lots and on 60% of the lots this distance ~ shall be 25 feet. Motion' carried by the following roil'call vote: AYES: Commissioners Delgado, Hersh, Rosenlieb, Slocumb NOES: Commissioners Andrew, Powers ABSENT: Commissioners Marino, Messner Minutes, PC, 5/6/93 Page 10 9.3. PUBLIC HEARING - TENTATIVE TRACT 5675 Motion was'made by Commissioner Rosenlieb, seconded by Commissioner Hersh to approve and adopt the Negative Declaration, to make all findings set forth in the staff report, and to approve Proposed Tentative Tract 5675 subject to the conditions outlined in the Exhibit "A" attached to the staff report, with the addition of memorandum dated April 30, 1993 from the Planning Director, the memo dated May 6, 1993 from the Public Works Department, and the April 22, 1993 memo from the Public Works Department. Commissioner Rosenlieb amended her motion, seconded by Commissioner Hersh so that the April '30, 1993 memo from the Planning Director concur with the prior motion on Specific Plan Amendment 1~93, with regard to setbacks. Motion carried..Commissioners Andrew and Powers voted no. Mr. Hardisty apologized to the commission, applicant and neighbors saying there should have been a better linkage established between the general plan,~ specific plan and zoning and how their relationships were interpreted. 10. coMMUNICATIONS A) Written Correspondence from Debbie BOozer regarding bike path. Chairman Powers stated he would like a special meeting of the trails committee set Up to deal specifically with this bike issue. Mr. Hardisty said this would be taken care of. Mr. Hardisty also cited a letter from Mr. Delmarter requesting a referral to a committee on a matter that is scheduled to come before the Commission in June. Mr. Hardisty said the issue is over the location of a park. Commissioner Powers stated he had a conflict of interest on this matter, however it would expire before the meeting. Commissioner Marino felt the Parks and Environmental Act Committee would be the appropriate committee to send this issue to. Commissioner Rosenlieb said she did not feel this issue should be sent to a committee, since the issue of sending items to committee before they are brought before the full commission has so far been rejected. She felt this would be a poor precedent to set, however stated she would be in favor of sending it to committee at the time it is brought before 'the full commission.-' Minutes, PC, 5j6/93 Page 11 Responding to a question by Commissioner Delgado, Mr. Hardisty said he did not agree with Mr. Delmarter's request in that he feels the general plan is clear in its policy statements as to proper location of parks. He did not feel the need for this issue to be brought to committee. Responding to a question by Commissioner Slocumb, Ms. Marino said the _ possibility exists that there would be a problem with due process in referring items .to committee before they have been heard before the full 'commission and stated she .would not recommend this be done. B) .Verbal NOne COMMISSION COMMENTS Committees 1) General Plan Commissioner Rosenlieb stated a meeting had been held regarding sewers in the general plan and it was decided that 'the-general plan would be changed slightly to state that . development in the city must contain a sewerage system unless otherwise stated by the Commission. Mr. Hardisty said a report would have to be prepared as to the recommendation and basis of it which would be brought before the commission at the next general plan cycle of hearings. Zoning Ordinance No new information. 3) S. ign Ordinance Commissioner Hersh stated the final meeting was held with the sign ordinance review being completed. -Changes are being made and preparation for sending out the revised sign ordinance. A committee meeting would be held in the future with community interests. Minutes, PC, 5/6/93 Page 12 4) Subdivision and Public Services Commissioner Andrew stated a meeting was scheduled before the next commission meeting to'discuss side yard setbacks. 5) Trails and Ways Commissioner Marino stated a meeting was scheduled with equestrian people in the northeast on May 13th. The propoSed meeting with Debbie Boozer, he felt should be held on a different date. He felt separate meeting should be held with equestrian people and bike people. He said he would like to discuss at this meeting, some type of comprehensive bicycle paths through the Westchester area. 6) Parks and Environmental Quality Act No new information. ~7) _ Joint Council/Planning Commission -No new information. Committee appointments for newly appointed commissioners Chairman Powers apPointed Commissioner Delgado to those committee slots left vacant by Commissioner Cohn. Responding to a question by Commissioner Rosenlieb, Mr. Hardisty said he was working on ~a consensus statement from the Urban Development Committee' to be passed onto the Council which he felt the commission would find favorable. 12. ADJOURNMENT' There being no further business to come' before the Commission, meeting was adjourned at 7:32 p.m. Laurie Davis