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HomeMy WebLinkAbout02/18/93MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, February 18, 19~93, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. · Because Commissioners Powers and Messner were not present at the beginning of this hearing Commissioner Marino was nominated to chair hearings. 1. ROrL CALL COMMISSIONERS:' Present: *STEVE MESSNER, Acting Chairperson JEFF ANDREW KENNETH HERSH JIM MARINO *KATE ROSENLIEB C. ROBERT FRAPWELL, Alternate Absent: DARREN POWERS DAVID COHN ADVISORY MEMBERS: Present: STAFF: Present: PUBLIC STATEMENTS LAURA MARINO, Assistant City Attorney FRED KLOEPPER, AsSistant Public Works Director DENNIS FIDLER, Acting Building Director JACK HARDISTY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary No one made any public statements at this time. Chairman read the notice of right to appeal as set forth on the agenda. Minutes, PC, 2/18/93 Page 2 3. COMMUNITY IDENTIFICATION SIGN PLAN - RIVERLAKES RANCI-UUNIBELL SPECIFIC PLAN AREA *Commissioner'Rosenlieb was seated at this time. Commissioner Marino abstained due to a perceived conflict of interest. Commissioner Rosenlieb ~chaired this hearing. Staff report was given. David Milazzo represented the applicant. He stated his concerns with Planning Department Condition #~1, saying they are being asked to give up another sign, bring(ng them to 50% of the allowable signage for the commercial signage. He asked that the community identification signage not be counted toward the commei'cial monumentatiOn signage. Mr. Hardisty said the intent was to avoid the conflict which may arise between the establishment of a. community identification sign and the~ desire of a fixture commercial developer to utilize the same corner as--a commercial center identification area also. He stated Staff would have no concern if the Commission chooses to agree with Mr. Milazzo's request. Mr. Milazzo asked for elimination of Condition #1, saying the specific plan. would control the monumentation signage. Regarding Parks Division condition #6 he asked tha~t it be expanded to include the following wording "with the' exception of dry bed f~atures per item #2." Regarding Condition #7 he asked that berming be allowed so long as it does not trap water. Rob Cramer, City .Parks Division was agreeable to addition to Condition #6 and to Condition #7 as long as the Parks Division could maintain control over it. He was agreeable t6 Commissioner Rosenlieb~s request for additional language as follows: ' '!unless otherwise approved by the Parks Division." Mr. Milazzo was agreeable to this also. Commissioner Andrew stated bls agreement with Mr. Milazzo's comments regarding erection of one gign on Olive Drive as long as approval can be obtained from the canal company. He was agreeable to deletion of Planning Department Condition #1. Commissioner Hersh was ~a:greeable to the proposed changes. Responding to a question by him, Mr. Milazzo said the letters for the logo will be a cast material applied with studs in:order to be vandal proof. Minutes, PC, 2/18/93. Page 3 Motion was made by Commissioner Frapwell, seconded by Commissioner Andrew to make findings set forth in staff report and approve the community identification sign plan for the Riverlakes/Unibell Specific Plan, subject to the conditions of apprOVal in! Exhibit "A", with the number of signs not to exceed 30 and deletion of Condition # 1 of Planning Department conditions of Exhibit "A," with the stipulation that the sign shall be allowed on the corner of Calloway and Olive Drive if written approval is received from the Friant-Kern Canal, and SUbject to' changes to conditions as follows: Parks Department:Condition #6 be revised to read as follows: All areas shall drain to street except for the dry bed feature. Parks Department Condition #7 be revised to read as follows: No berming shall be allowed unless otherwise apprOved by the Parks Department. Motion carried. 4.1 PUBLIC HEARING - TENTATIVE PARCEL MAP 9918 Commissioner Andrew ab~{ained due to a conflict of interest in that he was invOlved in ~the sale of thd property. Staff report was given. ~ Public portion of the hearing was opened; no one spOke in favor or opposition. Harold Robertson represented the applicant. He stated his concurrence with conditions of approval. Public portion of the hearing was closed.. Responding to. a question by Commissioner Marino, Mr. Hardisty stated Condition #7 covers creation of a fourth parcel. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Frapwell to make all findings set forth in the staff report, and to approve Proposed Teniative Parcel.Map 9918 subject to the conditions outlined in the Exhibit "A"-. Motion carried. Minutes, PC, 2/18/93 4.2 PUBLIC HEARING - TENTATIVE PARCEL MAP 9919 Page 4 5.1 Commissioner Andrew abstained due to a conflict of interest in that he was involved in the sale of the. property. Staff report was given. Mr. Lee stated a petition had been received from concerned .neighbors along Barbados Avenue to the Planning Commission, with a reply to the petitioners from the Planning Director. He stated this letter had been submitted to the C~mmission: Public. portion of the heating was opened; no one spoke in favor or opposition. 'Harold Robertson represented the applicant stating his concurrence with conditions of.approval. Public portion of the hearing was closed. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Hersh to make all findings set forth in the staff report, and to approve Proposed Tentative Parcel Map 9919 subject to the conditions outlined in the Exhibit "A", with the inclusion of the memo from the Public Works Department dated February 16, 1993 and a cOrrection of-typographical error in the memo on condition #23.1, second line after the word "development" the word "of' shall be changed to "or."- Motion Carried. PUBLIC HEARING - TENTATIVE TRACT 5597 A letter was received and SUbmitted to the Commission from the applicant .withdrfiwing this item. 5.2 PUBLIC HEARING - TENTATIVE TRACT 5758 Commissigner Marino absfained due to a conflict of interest in that his employer owns property within 300-feet. Commissioner ROsenlieb chaired this hearing. Staff report was given. Public Portion of the hearing was opened; no one spoke in opposition or favor. Jim Delmarter repr¢sented the applicant. He stated his concurrence with conditions in Exhibit "A" and conditions in memo from Public Works dated February 16, 1993._- Minutes, PC, 2/18/93 Public portion of the hearing was closed. Page 5 Regarding'the Board of Zbning Adjustment allowing a reduction in. setback on a tract~adjacent to this agricultural z°ned land Commissioner Rosenlieb stated she would like to see-this allowance not be made in the future. She stated there is a reason for.a 50-foot setback to agricultural land. Commissioner Frapwell concurred-with these comments. Motion was made by Commissioner Frapwell, seconded by Commissioner Hersh to make al! findings set foi'th in the staff report, and to approve Proposed Tentative Tract' 5758 (Revised) subject to the conditions outlined in the Exhibit "A", with the inclusion of the memo from the Public Works Department dated February 16, 1993. Motion carried. 6. PUBLIC HEARING -' KERN RIVER BIKE PATH EXTENSION Committee--RePort was given by Commissioner Marino. Mr. Kloepper gave staff report on this item, stating a memo had been handed out to the-Commission evaluating alignments A, B and C from an engineering and liability standpoint. Public portion of the heating was opened. Carolyn Belli Spoke stating she and her husband own horses which they board at the base of 'the bluffs. She felt the area between Manor Drive and China Grade Loop is the mOst locally t(tilized by' horsemen because it is remote from traffic, quiet and full of wildlife..i She submitted a petition signed_by 113 local equestrians who use this area. She stated the 3_main concerns expressed in the petition being safety of horse and rider, ipreservation of this sensitive habitat area, maintaining the heritage of the city by continuing to provide adequate and accessible equestrian trails.-.She-stated she spoke for many equestrians who feel that although they would prefect horse and bike paths to be separated by the Carrier Canal, they understand the hardship this creates. In view of this the majority are in favor of alignment C, crossing the canal at a bridge midway and following the north side of the canal-to: the final bridge as an alternate route. Dr. Gary Williams represented Ranch Del Rio Water Company. He stated his opinion the bike path should follow the proposed "C" trail. He said one of the reasons that most purchaSed homes in the area is for easy access to the established bridle path alVng the Kern River. Most of the 23 property owners are in favor of the trail beingplaced on the south side of the canal, however there are a few who do not want.it iat all. Minutes, PC,~ 2/18/93 Page 6 Dean Gay spoke stating he represented property owners who live at west bluff on the south side 0f the Carrier Canal. He stated they are in favor of the bike path being extended to Hart Pai~k. If the path is approved for extension on the south side they would like their property to be adequately fenced so' that they do not get foot traffic through their subdivision. He stated the reason they have not fenced it in the past is because of their concern for the possibility of fire, however if it 'is fencedwith a gate midway the Fire Department could get in. He said they would like to work with staff on this issue. Rich O'Neil,-6600 Desmond Court, spoke representing the Kern River Bike Path .Committee. He gave background on this bike path. He said they are in support of alignment "C." They feel it will minimize homeowner's concerns, allow, for maintenance of the canal, allow maximum equestrian access to the bluffs, separate conflicts of bicycles and horses, minimize environmental concerns and address the' concerns of the oil company. Responding to a question by Commissioner Hersh, Mr. O'Neil said they are in opposition to alignment "C-l!', saying they feel it stirs environmental concerns expresied by many and cuts into the traditional area used by the equestrians. Mr. O~Neil responded to a question by Commissioner Marino saying Alignment "C" is not an ideal bike path location to them, however they feel this is the best compromise available. ' James L. Wattenbarger spqke representing himself and his 'wife homeowners on the east side .and' Tim Gannon, land owner on the west side of Manor Street. He said to access the' tunnel-under Manor Street additional easement Would be needed from himself and Mr. Gannon. Nowhere along the existing bike trail are homeowners subjected to ~uch close proximity. He felt possibly some design could be implemented to double-pipe fence the bike trail through the lower area 'with 2-3 crossings over and under so that the horses could still maintain complete access-of the entire area 6xcept for the bike corridor. He suggested that the city look into the possibility of ~securing rights-of-way to Hart Park for expansion. Dennis Fox spoke stating he felt the issue of safety should be Primary, stating a risk management problem arises with conflicting uses on the same trail. He also cited the problem of access being overtaken by the .homeless. He was concerned about the slope because of the slumping problem' due to the aggregate soil and its pitch. He felt it would be to the city's advantage to seek matching grants. He .concurred with previous comments made regarding fully planning for the future, stating he also concurred with Ms. Belli's comments. He suggested that right-of- way reservations be designed at this time, that fair credit be extended to developers in the area givii~g aCcess points and mini parking lots. Minutes, PC, 2/18/93 Page 7 Cooper represented tt~e Kern River Parkway Committee. He stated they support Alternative "C." He felt canals are public rights-of-way and should be used for the best use. He '~said the only route they feel comfortable with is the canal-route. Carl Zygo spoke-stating h4 is a bicyclist and felt. the city should move forward to -utilize the funds. He stated this bike trail would further good health for people using it. Loren Sill 5100 Cattani stated she would also make comments for Merv Jensen and his wife Mary Jensen, 5101 Cattani. She read a statement into the record which is on file citing their! reasons for supporting Alignment "A", being that they own the land of which alignments !'B" and "C" are proposed to be built, invasion of privacy, use of this alternative being more in harmony with over-all objectives cited in the Planning Commission's staff report, disruption of equestrian usage is not significantwith Alignm'ent "A", alignment along the canal is needlessly dangerous. Dale NorthruP represented the Kern' County Triathalon Club and the Bakersfield Bikers, Breakfast and Beeri Club. He said their first choice would be along the river and the last choice being along the canal all the way which they feel is a dangerous route.. He felt if the bike path is used on a regular basis crime and related activities would' decrease. Arthur Unger, 2815 La .Cresta Drive, represented the Sierra Club. He said they were grateful for the effort~ made on the part of City staff to avoid the negative nnpacts of Alignment "A." Connie Pauly stated she did not feel the bikers use the trail more than the equestrians.' She was concerned about the safety of mixing the bikers with. equestrians. She felt the safety issue should be the foremost concern. She stated she had no objection-to the trail being located on the south side and crossing onto the north side and then crossing back to Alignment "C" if this would be.the_ safest route. Mark Pips represented Shell Western Exploration and Production IncorPorated he submitted his company's concerns, regarding Alignment "B" which centered around safety issues, being ;that of the bikers being close to high pressure steam lines and the temperature Of the lines. He stated their agreement with Alignment "C" which he said would still have. some impact on Shell's property, however safety concerns for the most part are addressed with this route. Minutes, PC, 2/18/93 Page 8 Dale Stafford stated he is a property owner along the river, north of Manor. He said they met with bike representatives and everyone they met wasin agreement With Alignment "C". He Stated he and his wife are in favor of Alignment "C." 'Ted Duncan:, PaStor of Chlvary Bible Church, stated they oppose, however not vehemently, either'Alignments "B" or "C" because the exit of the path would be next to their children's p~rk which is used almost every day. He was concerned about the increase in exposure to the children and the fact'there is no control over the number Or type ?f people using the path. He was also concerned about. the potential increase of 4andalism and theft. He said of ail alignments they would be in favor of "C," however felt consideration should be given to the fact that he lives on the site.- Wendy stevens Stated she~ is a bicyclist and biologist currently studying the riParian habitat in the flobdplain which is disappearing. She felt Alternatives "A", "B" and "C-l" would cause a significant impact to the little remaining habitat. She -was in support of Alignment "C." Steven Bonnage stated he!is a homeowner of property bordering the canal. He said-he is opposed to any Plan which would severely compromise their privacy, cause safety issues, increase traffic access. He said nowhere on the bike path does. the path cross as clogely to residents as with the canal route. He urged the commission to select a non-canal alignment. Betsy Teeter addressed property values issues saying statistics show that properties surrounding this type of trails maintain their value if not enhanced by them. Regarding crnne and security she cited information from police departments of other areas in which crime decreased in areas where a trail existed because of the allo~vance of continual usage. Mary Ann Rordan spoke slating she supported Alignment ,,C,, for environmental reasons because she felt itlwould cause the least disturbance to the wildlife habitat. Becky Evans stated her support for Alignment "C" because she felt it was the best compromise. Public. portion of the hearing was closed. 'Commissioner Andrew staled appreciation for all those attending the meetings. He felt the largest concern was making a decision so that funds are not lost for this project. He was concerned about the width, closing, liability and cost involved for Alignment "C." He said he would like to hear comments from Mr. Kloepper regarding high pressure steam lines. He said he supported Alignment Minutes, PC, 2/18/93 Page 9 "B" for the first 3,000 feet then crossing to "C" if it is Mr. Kloepper's opinion this is the safest route. Mr. Kloepper said his recommendation takes into consideration the recognition of the hazards that Shell Oil Company representative has pointed out and stated his recommendation is Alignment "C'" in the Shell Oil area. ~ Commissioner Rosenlieb thanked those participating on this prOject. She stated her determination for a decision at this hearing. She agreed with staff's recommendation, which she stated for those present. She-stated her dilemma was weighing the privacy of p~operty owners adjacent to the trail with the city's long- term needs. · CommissionerHersh stated his support of staff's recommendation. He felt at the second canal-crOssing it should be a little further east so that a bottle neck is-not.- caused between the equestrian .area and canal. He felt in the process of growth some things are' lost such as the equestrian flavor and this area is one of the last. He suggested the commission approve staff's recommendation for alignment. Commissioner Frapweil stated he preferred the river route for aesthetic reasons. Responding to a qUestion by him, Mr. Kloepper said if staff's recommended alignment is selected an 8~foot slatted fence could be installed to protect the property owners.' Regardiflg Ms. Sill's comment that the city would be taking ~ 'their property, Mr. Kloepp~er said this is correct the canal is an easement crossing her property, and-the first ~task would be to acquire the easement on the south or north side: ~ Commissioner Marino stated this is a compromise and felt the safety issues override privacy issues. H~ stated he would support staff's recommendation. He felt the canalroute is very iaesthetic. He said he would support staff's motion with the amendment that it would stay on alignment "B" approximately to Station 33, east of Manor. He als6 cited a change to finding #4. He thanked those that spent time on this issue. Acting Chairman Marino' recognized Mr. Wattenbarger who-asked in what way is the city.compromising. 'Motion was made by Commissioner Rosenlieb, seconded by Commissioner Andrew to adopt resolution·-making findings as set forth in the staff report and the committee report approving the Negative Declaration and approving.an extension of the existing bike path as described in the Public Works recommendation on Page 3i of 3 of the Public Works memorandum to the Planning CommiSsion dated February 5, 1993 with conditions of approval as attached in Exhibit !'A"..anff. the following wording added to the end of Finding #4': · Minutes, PC~ 2/18/93 _ "and is a part of tl~e specific trail plan." Motion carried by the following roll call AYES: NOES: ABSENT: *5-minute break was taken at this time. Page 10 Cominissioners Andrew, Frapwell, Hersh; Rosenlieb, Marino Non~ Commissioners Cohn, Messner, Powers PUBLIC HEARING - PROPOSED AMENDMENTS TO TITLE 16 (City of Bakersfield). ~ .*Commissioner Messner was seated at this time and acted as chairperson for the ~balance of items on the agenda. Staff report was given. M?. Movius made a correction to the last paragraph of the memo with.respect to section 16.20.060 he said a reference should also be made to B.1 to reflect the~ PortiOn that references waiver requirements and signatures._ Public portion of the hearing was opened; no one spoke in 'opposition. Mike COuchot spoke saying he appreciated the opportunity-to work on developing thiS ordinance and-felt the ~result is a very good compromise stating the entire committee is in support of Staff's recommendation. Public portion of the hearing was closed. Commissioner Andrew thariked those who worked on the committee. Regarding comments received from Mr. Mclntosh he stated he agreed with staff's analysis that a self-destruct clause ig n6t necessary. Motion was made by Commissioner Andrew, seconded by COmmissioner Rosenlieb to make findingsiset forth in the committee report and approve amendments to Title 16 regBrding mineral-rights interests as specified in the January, 1993 version with ~he changes depicted in the February 17th memo from the Planning Director and recommend same to the Council with the addition in the last paragraph to reference 16.20.060 B.1 or B.2. Motion carried by the following roll call vote: Minutes, PC, 2/i8/93 AYES: Page 11 Commissioners Andrew, Frapwell, Hersh, Marino, Messner, Ros~nlieb NOES: ABSENT: N0n Commissioners Cohn, Powers 8. COMMUNICATION A) Written ~ Mr. Hardisty mad~ ihe commiSsion aware of a letter received from law offices of Borton, !Petrini and Conron, signed by Dominic Colletta referencing the h~aring to be held on March 18th concerning a project located at Gosford Road and Ming Avenue. He is asking for a workshop with the commission in order to provide information on their plans for the area. Mr. Hardis/y recommended to the Commission that they not schedule a workshop because it would essentially be starting the hearing withouf notice to the public causing due process problems'. Commissioners Messner, Marino and Rosenlieb agreed with Mr. Hardisty's comments, Saying ithey were not comfortable with a workshop being held without public notification. Commissioner Ro~enlieb felt-because the project on Ming and Gosford could be.a lengthy hearing that the Commission may need to think of alternatives to he~.ring this project along with the other general plan amendment applic~ations. She said she would not be opposed to holding a special meeting for this item. Mr. Hardisty said this would be placed on the agenda, for disbussion so that preliminary arrangements'can be made at the next meeting ii~ terms of notifying some of the applicants. Responding to a question by Commissioner Messner a special lO-day notice could be sent regarding hearing items being continued to a special meeting, saying this would be an option available to the commission. Discussion continUed regarding the possibility of holding a special meeting. B) Verbal None Minutes, PC, c) 2/18/93 Page 12 APPOINTMENT :TO CENTRAL BUSINESS DISTRICT REVIEW o COMMITI'EE Commissioner Ro~enlieb stated at the pre-meeting Commissioner Messner volunteered to be ion this committee, therefore if no one else was interested she wotild make this motion. Motion was made;by Commissioner Rosenlieb,-seconded by Commissioner Hersh to appoint Commissioner Messner as appointee to this committee. Motion carried. Gommissioner Marino abstained due to the fact he has ownership interest in property downtown. Responding to-inquiry by Commissioner Messner, Mr. Hardisty Said this committee began With the URM building issue and then other issues were 'spurred from-it. It will focus on rules that have become burdensome, processes-involved in developing downtown and new rules which would facilitate downtown development. Commissioner Messner stated his preference would, be for daytime, noon meetings if possible. COMMISSION COMMENTS A. Committees 1) General Plan Commissioner Rosenlieb reminded staff that the general plan 'committee should meet at the beginning of March regarding the dhange in the general plan with respect to sewer language. 2) Zoning Ordinance 3) Sign; Ordinance Commissioner Hersh stated the sign committee would be meeting on March 3rd in order to continue ordinance review. 4) 5) Trails and Ways Subdivision and Public Services 6) Parks and Environmental Quality_ Act 7) . Joint Council/Planning Commission Minutes/PC, 2/18/93 Page 13 Commissioner Marino commented on the design of Christa McAuliffe School saying school districts are basing fees on the cost of building this school and encouraged staff and commission to look at this school which he felt was very expensive to constrUct. He felt the school district is basing their fees on the cost 0f construction of this school. :Commissioner Marino said he spoke to Jim Delmarter before the meeting who expressed the need for the possibility of a consent agenda for items which staff and the applicant are in hgteement on in order to facilitate these hearings. 10. Mr. Hardisty said a public hearing would have to be conducted, however the non- controversial issues may be consolidated. Mr. Hardisty said in light of the new process whereby staff rePorts are released earlier there should be less discussion at the podium, and fewericontinuances as a result. However, Mr. Hardisty said this consent calendar isst/e would be placed on the next agenda for discussion. ADJOURNMENT There being no further bhsiness to come before the Commission, meeting Was adjourned at 8:25 p.m. mn2.18 Laurie Davis Recording Secretary