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HomeMy WebLinkAbout02/04/93 MINUTES OF THE REGULAR MEETING OF THE .PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday~ .February'4, 199~3, 5:30 p.m., City Cohncil Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield Cfilifornia. 1. ROLL CALL o - COMMISSIONERS: ~ Present: ; Absent: ADVISORY MEMBERS: Present: STAFF~' " PUBLIC STATEMENTS Present: DARREN POWERS, Chairperson STEVE MESSNER, Vice Chairperson JEFF ANDREW DAVID COHN KENNETH HERSH KATE ROSENLIEB C. ROBERT FRAPWELL, Alternate JIM MARINO LAURA MARINO, Assistant City Attorney FRED KLOEPPER, Assistant Public Works Director DENNIS FIDLER, Assistant Building Director JACK HARDISTY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER; Principal Planner JENNIE ENG, 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. APPROVAL OF MINUTEs Motion was made .by Commissioner Rosenlieb, seconded by Commissioner Hersh to approve minutes of th~ regUlar meetings held December 3, and December 17, 1992,.with the correcti0n~to the minutes of December 17, 1993 as made by Commissioner Erapwel!. -Motion carried. Minutes, PC, 2/4/93 4~ Page 2 PARCEL MAP: WAIVEtR NO. 32-91 Staff report was given. No one from the public ~poke on this item. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Hersh to find that the easement shown for PMW 32-91 is adequate for the purposes of access in accordance with Section 17.04.370 of the Municipal Code. Motion carried: ~ 5.1). 5.2) puBLIC-HEARING - 2~ENTATIVE PARCEL MAP-9918 Commissioner Andrew 'abstained from hearing this item due to a conflict of interest. : Since request fOr continuance was received, Commissioner Rosenlieb made a motion, seconded bi Commissioner Cohn to hear agenda item #'S 5.1 and 5.2 concurrently. Motion carried._ PUBLIC HEARING - ~ENTATIVE PARCEL MAP 9919 Staff report was waived. ~ Public portion of the he~ring was opened. Juanita Dudney stated her residence is close to Tentative Parcel Map 9919. Chairman Powers clarified the application for her. Mr..Hardisty clarified technically one' home cotild be constructed on each parcel. A public hearing will be held in the future for isubdivision of the land if a larger number of residences are to be constructed. Commissioner-Rosenlieb: pointed out that the applicant.is requesting continuance of these items and itwillicome back to the commission. She said public notification of the-hearing regarding the subdivision would only go to those property owners who arel within 300 feet from subject site. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Frapwell to continue these items to the regular meeting of February 18, 1993. Motion carried. Commigsioner Andrew was absent due to a conflict of interest. Commissioner Rosenliebi asked that the memorandum outlining agreed upon chahges between the aPp!icant and city be incorporated into the staff report for the next h_earing. MinUtes, PC, 2/4/93 6.1). -i Page 3 PUBLIC HEARING -. TENTATIVE TRACT 5464 (OPTIONAL DESIGN) Chairman Powers abstained from participating in this hearing because he is a resident of the Haggin Oaks development. Commissioner Messner Chaired this hearing. . Staff report was given'. 'Public portion of the he,ring was open. Marc Ashley-stated he p~rticipated in the subdivision committee meeting and thanked staff, the c0mmigsion and the applicant for hearing the residents concerns. He said staff informed .them there is nothing in current ordinances to enable any changes to th~ project.' He stated they expressed deep' concern regarding pedestrian safei:y and addressed quality of living issues asking for a reconsideration~t0 this neighborhood. He encouraged the commission and staff to enhance the minimum standards for development. Roger Mcintosh said they have reviewed'the subdivision committee report and revised conditions- of appioval and agree with all of them. Public portion of the ~.' hearing was closed. Commissioner Rosenlieb~!thanked Mr. Ashley and residents of the neighborhood for their input on this tra~t. She said she concurred with Mr. Ashley's comment that the.commission need~~ to look at the minimum standards, stating she felt they .are inadequate in a nurnlSer of ways. She said she asked for an addition to the agenda regarding minimu~n 'getbacks. She felt the applicant is providing amenities to go ab°Ve minimum standards. Commissioner Andrew th}raked those for attending the committee meeting and thanked-the applicant,-stating he felt this would be a nice project for the neighbOrhood. Mr. Hardisty responded to a question saying a break away gate is cOVered by standards whidh are in place. Commissioner Messner felt this project is noticeably above the minimum, stating he felt it is a good quality., product. 'Minutes, PC, 2/4/93 I Page 4 Motion was made by Commissioner Frapwell, seconded by Commissioner Cohn to approve and adOpt the Negative Declaration, to make all findings set forth-in the committee report, and toi approve Proposed Tentative Tract 5464 optional design subject to the conditions ioutlined in the Exhibit "A" attached to the committee report. Motion carried. !Commissioner Powers was absent due to an abstention. .6.3) Motion was made_ by Commissioner Rosenlieb, seconded by Commissioner C0hn to move agenda item #6.12 after agenda item #8 to be heard concurrently. Motion carried. PUBLIC HEARING TENTATIVE TRACT 5644 Commissioner Andrew abstained on this item due to a perceived conflict of interest i_n that he is an iiivestor with one of the property owners on another piece of property. Commissioner Rosenlieb hbstained due to a conflict of interest in that one of the owners of subject property is her employer. -Staff report was given. Public portion, of the hearing is opened; no one spoke in opposition. Maurice Etchechury represented the property owner. He stated their agreement with the staff report. ~ Public por_tion of the-heating was closed. Motion was made by Commissioner Cohn, seconded by Commissioner Hersh-to approve and adopt the Nd~gative Declaration, to make all findingsset forth in the -staff report, and to approve Proposed Tentative Tract 5644 subject to the ' conditions outlined in the iExhibit "A". Motion carried. Commissioners Andrew and Rosenlieb were absent due to conflicts of interest. 7. FILE 5341 -- APPLICATION BY TELSTAR ENGINEERING TO AMEND THE ZONING BOUNDARIES FROM AN RS-2.5A (RESIDENTIAL SUBURBAN-2.5 ACRE MINIMUM LOT SIZE) ZONE TO AN E (ESTATE~ ONE FAMILY DWELLING), OR MORE RESTRICTIVE ZONE ON 4.97 +/- ACRES LOCATED SOU~TH OF PALM AVENUE APPROXIMATELY 600 FEET EAST OF JEWETI'A AVENUE. Minutes,_ PC, 2/4/93 '~ Page 5 8. FILE 5300 -- APPLIC-ACFION BY TELSTAR ENGINEERING TO PREZONE TO,CITY R-1.18,000 (ONE FAMILY DWELLING-MINIMUM LOT SIZE 18,000 'SQUARE FEET), OR MORE RESTRICTIVE ZONE' OF PROPERTY -6.2) LOCATED EAST OF JEWETTA AVENUE, APPROXIMATELY 800 FEET NORTH OF BRIMHAI~L ROAD. PUBLIC HEARING TENTATIVE TRACT 5597 Staff report Was waived. ~ Mri-Hardisty said staff WOuld like a decision on the prezoning at this hearing in order to-move the annex~tlonalong. Public-portion of_the hearing was opened. · Neil Olson spoke regarding file #5300 saying under CEQA the city cannot approve this project Unless the city ensures the environmental effects in the'area -of public schools; .are reduced to insignificance or an environmental impact report is' presented which adequately addresses the significant effects. Carl Moreland stated agreement with the recommendations on these issues and said they have agreed to !the continuance of the tentative tract in order to resolve issues regarding 'new stre!et positions. . Mr: Hardisty stated for the record Rosedale School District's.letter of objection. Public portion of the hearings was closed. Responding to a questioo by Commissioner Rosenlieb, Mr. Kloepper said -proble~ms with the extension of a street southerly from the east-west cul-de-sac to the-south tract 'boundary!which need to be worked out, thus causing the need for continuance. Motion was made by Commissioner Rosenlieb, seconded by Commissioner ~ Messnet tO make findings set forth in the staff report and approve the zone change as proposed and advertised and recommend adoption of same to the City Council.- Motion carried! by the following roll call vote: AYES: Commissioners Andrew, Cohn, Frapwell, Hersh, Messner, Ros~nlieb, Powers NOES: - ABSENT:_. Noffe Commissioner Marino Minutes; pC, 2/4/93- Motion was made by Commissioner Rosenlieb, seconded by Commissioner Messner to adopt resolution making findings presented in the staff report, approving the Negative-Declaration and approving Prezoning #5300 to the City designation of R-l_ 18,000 (One Family Dwelling-18,000 sq. ft. minimum lot size) on eleven acres and RS 2.5A (Residential Suburban 2.5 Acres minimum) on nine acres with conditions .as attached in Exhibit "A" and recommend same to City Council..Motion Carried! by the following roll call vote: AYES: Commissioners Andrew, Cohn,.Frapwell, Hersh, Messner, Rosenlieb, Powers '-NOES: ' Node ABSENT: Commissioner Marino Page 6 Motion was made by commissioner Rosenlieb, seconded by Commissioner -Messner to continu~ Tefitative Tract 5597 to the next regular meeting of February !8; 1993..Motion carried. pUBLIc HEARING- GENERAL PLAN AMENDMENT 4-92, SEGMENT IV Chairman Powers stated !~request for continuance had been submitted on this item. Pres6ntati°n Of-the-propgsal was made by Mr. Kloepper. He stated staff's recommendation that the' Planning Commission not recommend approval of this request. ' Public p0rtion-0f the hearingwas opened; no one spoke in opposition. Carl Moreland represented the applicant. He gave history of this project. He asked for continuance ori this item to March 18th in order to have a more full and complete discussion on this issue. Chairman Powers stated this is a full agenda, Mr. Moreland was agreeable to continuance after that date'. Maurice Ethechury.reprelsented John Antongiovanni. He said as co-applicants they'would be-agreeable ,to a continuance to April 1st. He felt the cost of constrUcting the overpass needed to be taken into account. He said it is their opinion it is mSre advaniageous for them to direct their monies to projects which will be Of greater~'use than an overpass .on a collector. Public portion of the hedring was closed. Minutes, PC, 2/4/93 Page 7 Commiss!oner Rosenl~ebi stated she is very supportive of Mr. Kloepper's position on this issue. Commissioner ~Hersh askgd what would be gained by continuing this item, stating he concurred with Commissioner Rosenlieb's comments and that he would not support, the request. Commissioner Messner thanked the traffic engineer for taking the time to-review the trafficd0cument. He! said he did not feel the city could afford not to have this overpass. He said he~ would be prepared to vote at this hearing on the issue. CommisSioner Frapwell felt this issue should be moved forward. He concurred with Commissioner Messher's comments regarding traffic study. Discussion continued with-Mr. Moreland regarding possible alternatives to alleviate traffic ten sion: Commissioner Andrew fell this would allow for alleviation of future congestion and would alleviate further costs of mitigation of impacts after the fact. He stated he wanted-.to hold t~he right-of-ways at this time for future use and stated he' Would be in favor 'of it.:, " Commissioner Powers-stated he was in agreement with continuing this item to April tst in order to allowithe applicant to'speak to the commission. Commissioner R0senlieb stated she felt the Commission has been very indulgent. 'Motion was made by Commissioner Rosenlieb, seconded by Commissioner Hersh to adopt resolution making findings as set forth in the staff report approving the Negative .Declaration and disapproving the request to eliminate the colleCtor designation of Berkshire Rbad between South "H" Street and Wible Road. Motion-carried by the folldwing roll Call vote: AYES: NOEs: ABSENT; Commissioners Andrew, Cohn, Frapwell, Hersh, Messner, Rosenlieb, Powers None , Commissioner Marino Minutes, PC, 2/4/93 10. Page 8 i GENERAL PLAN CONSISTENCY FINDING FOR PROPERTY LOCATED 1i. ADJACENT TO 3616 RANCHO SIERRA STREET. Staff report Was given: - No one spoke on ~this item. Motion was ~nade-by Commissioner Rosenlieb, seconded by Commissioner Frapwell to make finding¢ pursuant to Government Code 65402, that the proposed sale of real proPerty is consistent with the general plan. Motion carried. COMMUNICATIONS A) Written Mr. Hardisty cited ia fee comparison submitted to the Commission-. Mr. Fidler Outlined the;comparison for the Commission, sayifig in March all school fees would ihcrease by $2,000 which is not reflected in this fee _comparison. Resp6nding to a qUestion by Commissioner Frapwell, Mr. Fidler cla?ified the istrOng motion instrumentation fee. Commissioner Cohh said cities in the fee comparison take into account : fees for issues that ;this Commission has debated a number of times such as signaliZation, bridg$ and grade separation. He said Bakersfield's fees are substantially lower than every other city which would be used to compare it with: He felt-the d~velopment community is being treated very fairly in ~ the. City. -Discussion~ continued regarding absorption of fees. Commissioner Rosenlieb thanked staff for the fee comparison. She said in reviewing past fee ~omparisons, Bakersfield has increased fees the most. She commented on iprevious discussion regarding absorption of fees, saying · - 'when fees are_ high the applicant must come up with a lot of up-front money which make~ it onerous to obtain financing and then is passed on to the buyer: She challenged the Commission to look at how a reduction in city-services,' due to! possible lay offs would impact growth. Commissioner Mes~ner felt the commission should look at the raising of fees and the possible encouragement of urban sprawl. B) Verbal None MinUtes, PC, 2/4/93 ~ 12. COMMISSION COMMENTS Page 9 A) Committees '- , 1) 2) 3) General Plan Com~nissioner Rosenlieb gave a summary of the general plan committee meeting regarding the possibility of changing the gen4ral plan to tighten up language on sewers and sewer r. equkements. She stated the committee asked staff, to change the general plan language and the possibility of an acc0m~ panying ordinance to be brought back to the committee in March for review. It would then be brought back 'to the entire Commission. She said they asked staff to change it to allow for in-fill situations.. Zoniog Ordinance Commissioner Cohn stated this committee met fOr the purpose of discussing further the drive-up window ordinance. He stated homeowners off Oak Street were in attendance' as well ds Barbara Don Carlos and Mrs. Arnold who owns a number of Burger King Restaurants. He felt the consensus of the! meeting was that "if it is not broken it should not be fixed.'! He said the neighbors indicated they felt comfortable With the Board of Zoning Adjustment handling conditional use permit applications. Sign Ordinance Commissioner Hersh gave summary of the last meeting stating another meeting would be held in the near future in order to discuss the matrix sign ordinance document. He said when the committee has completely reviewed the document a meeting will be held'with the outside groups to receive input for the formulation of a final ordinance. Minutes, PC, 2/4/93 4) 5) Page 10 Subdivision and Public Services ~Comlmissioner Andrew said this committee along with the neighbors in this area met on Tract 5464. He stated he felt the issues were resolved-as well as possible. He stated the issue~ of setbacks from freeways and dwelling units was discffssed. He said new language was drafted by staff which he said he would try to provide for the next hearing. Trail~ and Ways 7) Commissioner Powers said this' committee met with 8 different special interest groups concerning the extension of the e~isting trail from Manor Street to its intersection with the proposed Kern County. bike path. Along with proposed. alignments A and.B an alignment C was proposed, which was most favored by the committee. He felt even with the n. egative aspects of alignment C being a substandard section and closure during a portion of the year due to dredging activities it is the best compromise available. He said staff would hold an informational meeting on February 10th prior to the February 18th meeting. Parks ~and Environmental Quality_ Act No comments were made. Joint. Cou ncil[Planning Commission No comments were made. DISCUSSION REGARDING FRONT YARD SETBACK REQUIREMENTS !.IN MULTI-FAMILY RESIDENTIAL ZONES Commissioner Powers felt possibly an addition should be made to the ordinance in the event of an arterial the setback be wider than five feet. CommissiOner Rosenlieb was agreeable to this. She was also concerned about .the front yard:setback being only 15 feet in the R-2 zone. Responding to questions by Commissioner Cohn, Commissioner Rosenlieb said she wants a setlSack that allows for parking of vehicles in the driveway. She also stated she was also concerned with the lack of sidewalk tying into the setbhck.~ Minutes, PC~ 2/4/93 Page 11 -Commissioner Cohn said he felt the optional design gets stuck on the hesthetics of the p[oject as opposed to the living space. Commissioner Powers disagreed stating he felt in an optional design all issues should be considered.. Commissioner Fra~well felt 15 foot setbacks are possible in R-2 zoning, -except _when garages and driveways are placed within that 15 feet. Mr. K10epper said. lstaff would support 25-foot front yard setbacks so that -sideWalks are no.t l~locked by long vehicles. It has been staff's experience that With the shorter setbacks sidewalks are blocked. RespOnding to .a qu~estion by Commissioner Messner, Mr. Hardisty said R- 2 ~s: a multi-family zone and typically their parking arrangements are not garage to' street rel~ttionship as in a single family zone. Commissioner Messner felt it is p~obably appropriate to address the setbacks. Mr. Hardisty felt the setbacks should be addressed in terms Of approaches to parking areas. Commissioner Ros~nlieb felt the commission should be looking at redefining the R-2 getback. She stated she also wanted to see rear .yard setbacks increased t~o 15 feet on arterials. Responding to a question by her~ Mr. Hardisty said he would like to bring proposed new language back to the Commission at the APril 1st meeting. She asked that staff look at sidewalk standards, .~tating she did not want to see anymore development 'to occur without sidewalks, however would be amenable to looking at sidewall~ on one side of the street in optional design subdivisions. Ms. Marino reminded the Commission the discussiOn on this item is limited to front yard setbacks. Commissioner P'owets said he did not have a problem With 18-foot setbacks-in 'some situations. Commissioner Hersh felt if the Commission makes a mistake there is no reason to allow it-to,be repeated simply because a precedent has been set. Minutes, PC, 2/4/93 13. ADJOURNMENT Page 12 There being no fur'ther business to come before the Commission, meeting was adjourned at 7:20 p.m. Laurie Davis Recording Secretary ~~~lanning Directlr,,/ -