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