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HomeMy WebLinkAbout04/01/93 -e MINUTES OF-THE REGULAR MEETING - OF THE - ~ PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, April 1, 1993, 5:30-p.m., City Council Chamber, City Hall, 1501 Truxtun .Avenue, Bakersfield, California'. 1. -ROLL CALL COMMISSIONERS: Present: DARREN POWERS, Chairperson STEVE MESSNER, Vice Chairperson JEFF ANDREW DAVID COHN KENNETH HERSH JIM MARINO KATE ROSENLIEB C. ROBERT FRAPWELL, Alternate ADVISORY. MEMBERS: Present: LAURA MARINO, Assistant City Attorney FRED KLOEPPER, Assistant Public Works Director DENNIS FIDLER, Building Director STAFF: Present: STANLEY GRADY, Assistant 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. 3. APPROVAL OF MINUTES Motion was made by Commissioner Messner, seconded by Commissioner Marino to approve minutesof the regular meetings held January 21, February 4, and February 18, 1993. Motion carried. Minutes, PC, 4/1/93 Page 2 COMPREHENSIVE SIGN PLAN 1-93 Mr. Grady cited a memorandum which requests referral of this item back to' staff. Roger McIntosh represented the applicant stating their agreement with the procedure as requested by the memo. This item was referred back to staff. PUBLIC HEARING - NOTICE OF INTENTION TO RECORD NOTICE OF VIOLATION FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WIBLE ROAD AND HOSKING AVENUE Staff. repo?t was given.. Public portion of the-hearing was opened; no one spoke in opposition or in favor. Commissioner Marino was concerned this property owner would not be able. to remedy the problem within 30 days, he asked about the possibility of giving them 30 days 'to commence remediation of the problem. Ms. Marino clarified the reason for moving forward on this issue would be to iecord the violation so that the property cannot be sold while this is being remedied. It can be remedied by amending the deed. There would be no permanent damage by-recording this if the situation is remedied within the time frame. Responding tO questions by Chairman Powers, Ms. Marino said she felt 30 days would be long enough to remedy the problem. Mr. Bergquist stated they have filed 'a parcel map waiver in order to try to remedy the situation. Motion-was made by Commissioner Rosenlieb, seconded by Commissioner Messner to make findings set forth in staff report and determine a Notice of Violation (Exhibit 10) shall be recorded with the Kern County Recorder, subject to the following conditions: 1. .The Notice of Violation (Exhibit 10) shall be recorded by May 3, 1993. Subject to the satisfaction of the City Attorney, the property oWners-have until April 30, 1993 to record corrected deed(s) or exercise and complete other options that may be available to remedy the violation. 2. If the Notice of Violation is recorded, then upon compliance with the Subdivision Map Act and Bakersfield Municipal Code, the Planning Director shall record a "Termination of Notice of Motion carried. Minutes, PC, 4/1/93 6. Page 3 PUBLIC HEARING - TENTATIVE TRACT 5362 (REVISED) Staff report was given. _~-' Randy Bergquist represented the applicant. He 'stated they submitted this revision because of potential impact of the freeway along Hosking Avenue. Regarding Public Works Condition #28 for construction of full width crossing of Kern Island main canal at Parana Street he asked that it be deleted because this road has no direct bearing on their tentative tract. Mr. Kloepper said the drill island on Lot 204 is within the tract boundaries and the Kern Island Canal within those boundaries..He fel:t Perhaps a modification could be made to stipulate that if the street is not constructed the crossing would be unnecessary. He cited the revision of this ctnditionin Public Works memo dated March 25th. Public portion of the hearing was closed. Commissioner Rosenlieb stated she was glad to see this tract redesigned stating it previously was a poorly designed tract. She also commented on a letter received on this item from Mauricio and Nancy Iparraguirre, saying regarding their opp°sition to the tract design that it is a much better design than that previously approved. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Hersh to make all findings set .forth in the staff report, and approve Proposed Tentative Tract 5362 Revised subject'to the conditions outlined on the Exhibit "A", with the changes listed in the Planning Director's memo and the Public Works' memo both dated March 25, 1993, with the following changes: Planning Department Condition #7 delete the sentence in parenthesis at the end. Change Public Works condition #28 to add the following wording: In the event Parana Street is not extended easterly in connection with Tract 54_46 in connection with Tract 5362 then construction of the canal crossing will not be required. Motion carried. Minutes, PC, 4/1/93 Page 4 7.1) FILE 5442 -- APPLICATION BY CEI ENGINEERING TO AMEND THE ZONING BOUNDARIES FROM A PCD (PLANNED COMMERCIAL DEVELOPMENT) ZONE CONSISTING OF A 61,000 SQUARE FOOT NEIGHBORHOOD SHOPPING CENTER TO A PCD (PLANNED COMMERCIAL DEVELOPMENT), OR MORE RESTRICTIVE ZONE CONSISTING OF A 65,000 SQUARE FOOT SUPERMARKET ON 6.5 +/- ACRES LOCATED AT THE NORTHWEST CORNER OF WILSON ROAD AND SOUTH REAL ROAD. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Jim McEntire, Vons Grocery Stores, outlined their proposal. Mohammad Sadrolashrasi, CEI Engineering, spoke. Regarding Condition #4, Page .4 requiring a 10-foot minimum setback on South Real Road regarding areas adjacent to the building, they have only been able to provide 8-1/2 feet, which he .'requested be approved. He felt there would be no detrimental effect on the project.. Regarding' the location of trash compactors he said they have been forced to place them at the back of the building in the truck dock area which he felt would cam0uflageit. Jim McEntire spoke saying the trash compactor is directly connected into the building. The lOcation is on the east side of the dock which is enclosed and there is a sound attenuation wall which extends out toward Real Road which would protect residents on the nOrth side from noise when the trash compactor is picked up and trucks are using the dock area. Public portion of the hearing was closed. Responding.to questions by Commissioner Rosenlieb, Mr. Grady said staff would have no objection to the request for 8-1/2 foot setback. Commissioner Rosenlieb asked if the applicant would consider changing their landscape plan so that the screening trees would be a 24-inch box. Mohammad Sadrolashrasi, CEI Engineering, responded saying he felt the issue of screening has been taken care of, however he said they would look into this request. Minutes, PC, 4/1/9~ Discussion continued regarding the trash compactor and its location. Page 5 Mr. Grady responded to Commissioner Marino saying what has been described by the applicant would address the concerns presented to staff by residents, however he felt the commission may want to provide an opportunity for the sanitation department to decide whether or not the location compared to the originally approved plan is acceptable. Mn Sadr01ashrasi said the location of the compactor would stick out as an appendix of the building which he felt is much more aesthetically Pleasing. Commissioner Marino felt possibly this could be left to the discretion of the building director. Responding. to a question by Commissioner Marino, Mr. Cramer, City-Parks Division gave approximate cost difference in the size of trees, regarding size he said it would probably have a 3~inch caliper as opposed to a I to 1-1/2 inch caliper. Regarding Condition #3 concerning freight loading, Mr. McEntire responded to questions by Commissioner Hersh saying the back of the trucks would be sealed to building. Motion was made by Commissioner Marino, seconded by Commissioner Rosenlieb to adopt resolution making findings as set forth in the staff report approving the Negative Declaration and approving Zone Change No. 5442, gubject to' conditions of apprOVal listed in Exhibit "A", and recommend same to 'City Council, with the following changes: - Discretionary Condition #2 shall be modified to add the following woi'ding: At the'option of the building director trash compactor may be located at the north side of the building adjacent to the loading dock. Condition #4, modified to add the following wording: An 8-1/2-foot setback shall be allowed adjacent to the east side of the building area from back of sidewalk. Addition' of the following condition: Trees planted· as a buffer on the west and north side of' the project boundary shall be 24-inch box evergreen trees. MinUtes,. PC, .4/1/93 Motion carried by the following roll call vote: Page 6 AYES: Commissioners Andrew, Cohn, Hersh, Marino, Messner, Rosenlieb, Powers NOES: None 7.2) FILE 5432 -- APPLICATION BY ASU & ASSOCIATES TO AMEND THE ZONING BOUNDARIES FROM A-20A (AGRICULTURE-20 ACRES MINIMUM LOT SIZE) TO C-2 (REGIONAL COMMERCIAL) ZONE ON THREE SITES TOTALLING 34.3 GROSS ACRES, A-20A (AGRICULTURE- 20 ACRES MINIMUM LOT SIZE) TO R-1 (ONE FAMILY RESIDENTIAL) ON'567.9 GROSS ACRES FOR PROPERTY LOCATED GENERALLY EAST OF BUENA VISTA ROAD, SOUTH OF PACHECO ROAD, NORTH OF PANAMA LANE, AND WEST OF PROGRESS ROAD. PROPOSAL INCLUDES A TOTAL OF 435,600 SQUARE FEET OF COMMERCIAL USES, A 24,000 SQUARE FOOT CHURCH, A 2,935 PROPOSED SINGLE FAMILY RESIDENTIAL UNITS. Commissioner Andrew abstained on' this item due to a conflict" of .interest in that hi~ company is listed-as the applicant. Commissioner' Marino abstained due to a perceived conflict of interest because his employer is providing services for the property owner. Staff-report was given. Public portion .of the hearing was opene& Dennis Scottl. Kern High. School District, spoke saying they have previously submitted correspondence regarding this project concerning their view that this project will have. on the need for school facilities in this area. ~Brian Haupt represented the applicant. He stated his concurrence with the staff report. .Commissioner Rosenlieb stated her opinion that the corner of Buena Vista and Pacheco should not be zoned C-2. Minutes, PC, 4/1/93 Page 7 Motion was made by Commissioner Rosenlieb to adopt resolution making findings as set forth in staff report approving the Negative Declaration and approving-Zone Change No. 5432 from an A-20A (Agriculture-20 acre minimum) zone to an R-1 (One Family Dwelling) zone on 567.9 gross acres, a C-2 (Regional Commercial) zone over one site totalling 17.5 gross acres, a C-1 (Neighborhood Commercial) zone on two sites totalling 16.4 gross acres, R-l-CH (One Family 'Dwelling-Church) zone on 8.3 gross acres, subject to conditions and mitigation listed in Exhibit "A", and recommend same to City Council with the following changes: Finding #4 shall be changed to read as follows: Proposed 5.3 gross acre Co2 site at the northwest corner of Mountain Vista and Harris Road and the 11.1 gross acre C-2 site at .-the southeast corner of Pacheco and Buena Vista are not considered of adequate size for regional commercial C-2 uses. These sites are more appropriate for C-1 ~Neighborhood Commercial) uses. The addition to Condition #6 of Exhibit "A" the date 3-29-~93 to be inserted into the blank. The additional condition as follows: There shall be a 40-foot building setback between the R-1 and C-2 zoned properties. Responding to a concern by Mr. Kloepper, Commissioner Rosenlieb said it was her intention to include the memorandum from Public Works dated March 29, 1993, which she added. Discussion ensued regarding a previous approval requiring 50-foot setback between R-1 and C-2 zones. Mr. Haupt sthted he was not sure what would happen on the larger site. Commissioner Messner said he could not see a pattern ofzoning sites of this size to C-1. Commissioner Powers was in agreement with this stating he would be in favor of a C-2 zone, hOwever would like to see the larger setback remain. Commissioner Frapwell stated his agreement with C-2 on both the corners with a C-1 being placed on the small portion. Previous motion died :for lack of a second. Minutes, PC, 4/1/93 Page 8 Motion was made by Commissioner Messner, seconded by Commissioner Frapwell t-o adopt resolution making findings as set forth in the staff report, approving the negative declaration, approving Zone Change #5432 from an A- 20A (Agriculture 20 acre,minimum) zone to an R-1 (One Family Dwelling) zone on 567.9 gross acres, C-2 {Regional Commercial) zone over two sites totalling 28.6 gross acres, C-1 (Neighborhood Commercial) zone on 5.3 gross acres, an R- 1-CH (One Family Dwelling-Church) zone on 8.3 gross acres, subject to the conditiOns and mitigation listed in Exhibit "A" and recommend same to City Council, subject to the following changes: Condition #6, adding the' date 3-29-93. The inclusion 'of the Public Works Department memorandum dated March 29, .1993. The addition-of a condition: as follows: Residential uses shall be set back 40 feet from C-2 property. RespOnding to questions_ by Mr. Grady, Chairman Powers said the 40 foot setback requirement was intended to address the habitable structure and would be . required fo} public health,~ safety and welfare would be the reason for requiring it. Commissioner Messner amended his motion, seconded by Commissioner Frapwell m add-the 'following finding: The main structure of residential uses adjacent to the C-2 Zoned .properties require additional mitigation in the form Of additional setback. AYES: Commissioners Frapwell, Messner, Powers NOES: . Commissioners Cohn, Hersh, Rosenlieb ABSENT: Commissioners Andrew, Marino Responding.to questions by Chairman Powers, Mr. Haupt said it was always their intention that there be a C-2 site. Discussion continued regarding the separation of zoning from the general plan designation hearing, Commissioner Frapwell said he was under the impression in the past this site would be zoned C~2. Commissioner Cohn responded to comments made by Mr. Haupt saying if this is brought before the Commission at a future date requesting C-2 and there is an · adequate buffer he felt it would be approved. Minutes, PC, 4/i/93 Page 9 Commissioner Rosenlieb restated h'er previous motion, seconded by Commissioner Cohn. Motion-cariied by the following roll call vote: AYES: Commissioners Cohn, Frapwell, Hersh, Messner, Rosenlieb, Powers NOES: None ABSENT: Commissioners Andrew, Marino o FILE 5430 ~- REQUEST BY THE CITY OF BAKERSFIELD TO PREZONE TO CITY R-1 (ONE FAMILY DWELLING) OR MORE RESTRICTIVE ZONE ON APPROXIMATELY 25 ACRES LOCATED ON THE SOUTHEAST CORNER OF MORNING DRIVE AND COLLEGE AVENUE. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition or in favor. .Public portion of. the hearing was closed. Commissioner Rosenlieb said-she was very concerned about the liability of annexing_the school Site,given the lack of improvements in the immediate vicinity. Responding to questions by her, Commissioner Marino said he did not see a necessity for conditioning the prezoning based on the fact the school could override them. Motion Was made by COmmissioner Marino, seconded by Commissioner Hersh to adopt resolution making findings, approving the Negative Declaration and approving Prezoning No.~ 5430 consisting of a change of zone from County zoning of R-t (One Family Dwelling) to City R-1 (One Family Dwelling) zone on 26 acres and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Andrew, Cohn, Hersh, Marino, Messner, Rosenlieb, Powers NOES: None Minutes, PC, 4/i/93 Page 10 9. AMENDMENT TO ZONING ORDINANCE TEXT PERTAINING TO FRONT .AND SIDE YARD SETBACKS IN THE R-1 (ONE FAMIIJY DWELLING), R-2 (LIMITED MULTIPLE FAMILY DWELLING), R-3 (LIMITED MULTIPLE FAMILY DWELLING) AND R-4 (LIMITED MULTIPLE FAMILY DWELLING) ZONE DISTRICTS, INCREASING THE SETBACK OF A GARAGE OR CARPORT TO 20 FEET IF SUCH OPENS DIRECTLY ONTO THE STREET. Staff report was given. Public portion of the hearing was opened. Barbara Don Carlos Spoke representing the Building Industry Association. She said they have not had adequate time to review the ordinance and compile responses. She said she has received comments that this is an overreaction to one project and concern that-other options for setback requirement should be explored because it was felt that 20 feet is excessive. There are a number of items they wish to discuss with the Commission. She was concerned about the parking requirement having to be outside the setback. She said their planning and land use committee would meet the following week and since this is not an emergency Ordinance she felt the ability exists for their members to compile their recommendation and perhaps meet with the commission's subcommittee. Public pOrtion of the hearing was closed. Commissioner Andrew felt possibly this should be sent tO.the subcommittee along' with the added agenda item #13.B. He therefore made a motion, seconded by Commissioner Hersh to continue this item along with agenda item #13.B to the next regular meeting of April I5, 1993 meeting, sending it to the subdivision committee. - Commissioner Rosenlieb said she.would support this motion, stating she did not want this to stay in committee for a long length of time. She stated she took exception with statements made in some of the letters submitted, saying a problem does exist since a project has been approved in which cars do not even fit in the driveway. She did not feel it is an overreaction to one project, feeling the commission 'has realized that more should be required in the form of minor changes. She cited differences between the diagram submitted by Ms. Don Carlos and the city's information regarding lengths of cars. She felt the city's statistics are more accurate. Commissioner Messner said he had no problem with this being sent to committee, however felt this possibl rsnow balled quite a bit since the original problem. Minutes, PC, 4/1/93 ' Page 11 Commissioner Powers stating his willingness for working out a solution in committee. Commissioner Cohn echoed the previous statements, saying he could not envision a project in which the setbacks are limited to the point where a car is sticking out over the sidewalk. No matter the amount, he did not feel it was acceptable for a vehicle to encroach:into the sidewalk area. Commissioner Marino agreed that this item has grown to include the R-1 zoning districts. He stated he Supported' this being sent to committee. .Commissioner Hersh reminded those present that there are a lot of pickups and suburbans in the city. He felt it is unsafe for these vehicles to obstruct a sidewalk or Street. He suggested that these points be taken into consideration during the committee ~m'eeting. 10. .Previous motion carried. REVIEW/COMMENT/APPROVAL OF PROPOSED STANDARD FOR THE · LANDSCAPING OF SUMP FRONTAGES ALONG LOCAL STREETS 11. Staff report was given. Mr. Kloepper gave report on this item. commissioner Rosenlieb thanked staff for. this. She made a motion, seconded by Commissioner Hersh to approve this standard as presented. Motion carried. GENERAL PLAN CONSISTENCY ACQUISITION OF LOT 34 OF TRACT 5445,' PHASE II FOR A WATER WELL Commissioner Marin0 abstained due to a conflict of interest because his employer owns.property in the vicinity of subject site. Staff report was given. Motion Was made by Commissioner Rosenlieb, seconded by Commissioner Hersh to-make a finding pursuant to Government Code 65402, that the' proposed acquisition of real property for the proposed water well site is consistent with the general plan. Motion carried. Minutes, PC, 4/1/93 12. COMMUNICATIONS A) Written Page 12 None B) Verbal 13. Mr. Grady informed the Commission that on the pre-meeting of April 12, 1993 Castle & Cooke would preSent a comprehensive review of their plans for property located in the southwest and northwest areas of the city, along with their property on Ming and Gosf0rd. COMMISSION cOMMENTS Regarding the 40~foot setback requirement for C-2 zoned property which was imposed on a previouS project of this agenda, Commissioner Andrew reminded those present that the-requirement from railroad tracks and freewaysis only 30 feet. Mr. Grady suggested that the Commission might want to direct staff to draft an ordinance so that the'Commission would have a vehicle in which to require this additional setback. Regarding discussion concerning Castle & Cooke's request for presentation, Commissioner Rosenlieb said because of her strict time schedule she would prefer it be at the end of th.e pre-meeting so that business regarding the agenda may be completed. She felt the Potential exists for people wanting to come to the pre- meeting. Commissioner Powers agreed with this discussion being after regular business because some Commissioners may need to leave. Discussion continued regarding limitation of this presentation. CommisSioner MarinO felt a limit of 30 minutes would be appropriate. Responding to a question by Commissioner Marino, Mr. Kloepper said the access onto GoSford Road at White Lane is still in process, stating plans had been submitted, however said ,he woUld follOw up on it. Commissioner Marino stated his concern about the increased setbacks required previously between C-2 and residential property and his concern about overregulation. Commissioner Powers said he probably would not support this setback in the form of an ordinance because it may not be applicable in all areas. Minutes, PC, 4/1/93 7) 14. Joint Council/Planning Commission Page 14 Commissioner Messner stated a meeting would be held in the futu~re to further discussion regarding 1/2 mile commercial zoning in which it was felt the commission should go back to a mile. ADJOURNMENT -There being no further business adjour~ned at 7:40 p.m.. to come before the Commission, meeting was Laurie Davis