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HomeMy WebLinkAbout11/19/92MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, November 19, 1992, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: DAVID COHN, Chairman Pro Tem JEFF ANDREW JIM MARINO KATE ROSENLIEB C. ROBERT FRAPWELL, Alternate Absent: DARREN POWERS STEVE MESSNER ADVISORY-MEMBERS: Present: LAURA MARINO, Assistant City Attorney FRED KLOEPPER, Assistant Public Works Director DENNIS FIDLER, Assistant Building Director o STAFF: Present: JACK HARDISTY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary Because Chairperson Powers and Vice-Chair Messner were both absent, motion was made by Commissioner Rosenlieb, seconded by Commissioner Frapwell to appoint Commissioner Corn as Chairperson pro-tem. Motion carried. 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. Chairman Cohn introduced Mr. Hersh, the recent appointee to the planning commission' and welcomed him. Mr. Hardisty cited information given to the Commission regarding Mr. Hersh's qualifications. 'Minutes, PC, .11/19/92 Page 2 3. WORKSHOP - INFORMATION REGARDING REVISED SCHEDULED 4.1 FOR PROCESSING This workshop was given at the Planning Commission pre-meeting held November 16, 1992. PUBLIC HEARING - EXTENSION OF TIME 'TENTATIVE TRACT 5105 4.2 Staff report was given. Public.portion of the hearing was opened; no one spoke in opposition. - Randy Bergquist represented the applicant stating he was agreeable to conditions of approval. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Anderson to approve the one-year extension of time to expire November 17, 1993, for Tentative Tract'5105, subject to the conditions outlined in the staff report as Exhibit "A". Motion carried. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5369 4.3 Mr. Lee, staff planner 'stated this item is to be readvertised as a Tentative Tract and scheduled for the regular meeting of December 17, .1992. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5462 Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Jim Higday represented the applicant. He stated their agreement with conditions as written. - ~ MotiOn was made by Commissioner Frapwell, seconded by Commissioner Marino to approve a one-year extension of time for Tentative Tract 5462 with no changes to the conditions of approval. Motion carried. Minutes, PC, 11/19/92 5.1 PUBLIC HEARING - TENTATIVE PARCEL MAP 9884 page 3 Staff report was given. Public portion of the hearing was opened; no one spoke in oppositionl Chris Conway represented the applicant. He requested deferrals of Condition #'s I regarding master drainage plan, #2 regarding municipal sewer service to each parcel, because they propose no development at this time. Commissioner Rosenlieb referred to a memo dated November 18, 1992 regarding revision of item #'s 2 and 3. Mr. Conway was given a copy. He asked that Condition #'s 11, 12, 13, 14, 15 and 16 be deferred until further development or further subdivision. Public portion of the hearing was closed. Mr.-Kloepper responded to requests by Mr. Conway, saying he recommended this matter be continued because of the complexity of responding to the requests. Commissioner Rosenlieb concurred with Mr. Kloepper's recommendation, suggesting the applicant ask for a continuance until the next regularly scheduled meeting in order to give him the opportunity to meet with the Public Works Department. Mr. Conway was agreeble to this. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Frapwell to continue this item to the next regularly scheduled meeting. MOtion carried. Commissioner Cohn relinquished the chair to Commissioner Powers who came in at this time. : 5.2 PUBLIC HEARING - TENTATIVE PARCEL MAP 9900 Commissioner Powers abstained due to a conflict of interest in that a property owner in the area has been a source of income to his firm within the last Year. Commissioner Cohn chaired this hearing. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Minutes, PC, 11/19/92 Page 4 Dan Murphy, Lantec Development Corporation stated they are currently in the process of buying subject property. Responding to a question by Commissioner Cohn, Mr. Murphy said he had read the memos from Public Works dated November 17, 1992 and memo of November 19, 1992. Mr. Murphy cited the proposed uses of the property. Regarding the previous sewer issue for this area, he said they have been working on this issue. He stated their agreement with the staff report, with the exception of Condition #5 of Planning Department conditions pertaining to access to the river through this subdivision. He requested that the Planning Commission modify condition #5 and stated that the applicant is willing to provide an easement to be reflected on the final map for access along the river. He asked that the issue be deferred until further planning of this portion of the property so that public access can be analyzed within an overall development plan. Regarding Condition #4 he asked that it be reworded to the effect that the applicant shall submit an application for rezoning rather than fully obtain the rezoning prior to final map. He stated their acceptance of all other staff conditions. Public portion of the heating was closed. Responding to a question!by Commissioner Cohn, Mr. Hardisty recommended the Commission adopt the conditions cited by Mr. Murphy as they are written in the staff report. - ResPonding to a question' by Commissioner Rosenlieb, Mr. Kloepper said by deleting their Condition #3, the requirement for construction of sewer system to service this parcel map is being dropped. The question of future sewering is not being addressed. Discussion continued regarding Condition #2. Commissioner Rosenlieb asked for the reason for deletion of Condition #8, Mr. Kloepper responded saying the city does not have a basis for requiring the waiver of access rights on 178 because it is a State highway. Commissioner Rosenlieb stated she did not feel the city should be allowing subdivisions to occur without municipal sewer service. She stated she would be prepared to support subdivisions in the area when a trunkline is present. Discussion continued regarding the requirement of municipal sewer services. Commissioner Cohn said the commission needs to make it known to the development community that the commission is going to enforce the policies of the general plan with respect to sewer services. Minutes, PC, 11/19/92 Page 5 Fred Porter, Porter-Robertson Engineering, stated their involvement in the sewer study for the area. Regarding the community leach field system, he said it is approved by Regional Water Quality Control and is viable. Secondly he stated Rio Bravo has the powe~ to construct sewer facilities within their district. He felt that the most cost-effective system they have come up with is to tie into the city's sewer system. Mr. Hardisty cited policies of the general plan regarding sewer systems. Responding to questions~by Commissioner Marino, Mr. Porter said they agreed at theii meeting with staff today to get the signatures on the petition of those who will be part of the district for construction of a trunk sewer line from Brundage Lane to 1/2 mile west of :Morning Drive to connect to the city sewer system. Commissioner Marino asked about a condition being added that no occupancy permits will be issued prior to the completion of the funding mechanism for the trunkline. Discussion continued regarding this issue, Commissioner Marino clarified his intention was not to force them to tie into the city system. Commissioner Marino asked about the proposed change of condition of the rez0ning. Mr. Hardisty said the 20 acre parcel satisfies the minimum A zone parcel size.- He said some latitude could be granted in this area. Regarding Condition #8, Commissioner Marino said he would be agreeable to removing this condition. Mr. Hardisty stated in discussing this issue with CalTrans did not appear to be an issue.with them, possibly because this development will be looked at again in the future. · Motion was made by Commissioner Rosenlieb to deny the parcel map with the finding that it is inconsistent with the general plan due to a lack of a regional centralized, municipal treated sewer system. Motion died for lack of a second. 6.1 Motion was made by Commissioner Marino, seconded by Commissioner Frapwell to refer this item to the Subdivision Committee with the direction that they work out the wording of a condition to address the sewer issue and continue this item to the' next regularly scheduled meeting of December 3, 1992. Motion carried. PUBLIC HEARING-- TENTATIVE TRACT 5743 Commissioner powers abstained due to a conflict of interest in that a property owner'in the area has been a source of income to his firm within the last year. staff report was given. Public Portion of the hearing was opened; no one spok~ in opposition. Minutes,. PC, 11/19/92 page 6 Randy Bergquist represented the applicant. He asked for deferment of improvement requirements on Lot 73 until further subdivision. He said they have a will-serve letter for service of both water and sewer. Mr. Kloepper was agreeable to these requests. Commissioner Rosenlieb said the same problem exists on this development as on the previous development regarding sewer. Commissioner Marino felt there are no assurances in the conditions to try to solve the sewer problem-on a regional basis. Motion was made by 'Commissioner Marino to refer this item to the Subdivision Committee. Motion died for lack of a second. Commissioner Frapwell said he would like to be sure that the. development would tie into the existing system and not a new system. Motion was made by Commissioner Rosenlieb to deny this tentative tract based on the fact that it is not consistent with the general plan because it does not provide for a regional, centralized, municipal, treated sewer service system. Mr. Porter felt the propoSed sewer method would meet the requirements of the Water Quality Control Boar& This system is the regional system for the Rio Bravo area and has been~for the last 10 years. The ultimate plan is to connect to the city system or construct a treatment plant for the area which are options they are working on. Commissioner Rosenlieb ,said the will-serve letter does not reqUire they must hook to the system. Mr. Porter said they would be agreeable to a condition that they connect to the Olcese sewer line on an interim basis. Commissioner Andrew felt possibly this item should be continued to the next meeting sending it to a meeting of the Subdivision Committee to discuss the issues raised. - Chairman Cohn called for a second on the motion by Commissioner Rosenlieb to deny this tentative-tract. Motion died for lack of second. Motion was made by Commissioner Andrew, seconded by Commissioner Frapwell to refer this item to the Subdivision Committee to be held concurrently with the meeting on Parcel Map 4~9900 and continue this item to the next regularly scheduled meeting of December 3, 1992. Motion carried. Commissioners Cohn and Rosenlieb voted no. Minutes,. PC, 11/19/92 Page 7 6.2 PUBLIC HEARING - TENTATIVE TRACT 5535 Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Maurice Etchechury represented the applicant. He responded to a question by Chairman Powers sayinghe had read the memoranda dated November 17, and November 19, 1992' and was in agreement with them. He cited a letter he had sent to the Planning Department dated November 16, 1992. He clarified their intent to phase this project and that they had submitted an acoustical study asking if the condition from the. Building Department regarding this could indicate it is acceptable. Mr. Fidler, Assistant Building Director, stated it is acceptable and the condition could be removed. Mr. Etchechury asked for suggestions regarding sound attenuation. ~ Public portion of the hearing.was closed. Commissioner Rosenlieb asked a question regarding parks condition #1, Mr. Cramer, Parks Department said the requirement should only pertain to Lot 214. Regarding the request by the applicant pertaining to Conditions # 10 and #2, Mr. Kloepper said they were-meant to cover all bases. The general plan amendment referred to in Condition #2 will be heard on December 17, 1992. Regarding Condition #7, Page 9 and Condition #21, Page 4, Mr. Kloepper said condition #21 could be deleted. Mr. Fidler was agreeable to the request by the applicant for deletion of Building Department, Condition #4. Regarding Condition #10, Page 9; Mr. Hardisty said if the map shows it to be relocated there is no need for the condition. Mr. Hardisty was agreeable to Commissioner Rosenlieb's -suggestion that the following Wording be added to Condition #8: "Prior to final map the subdivider shall show a buildout design and receive approval from the Planning Director." Regarding the sound wall on the freeway, Mr. Hardisty said a masonry block wall wOuld be erected based on the results of a sound study, additionally a general provision exists in the zoning ordinance in which lots adjacent to freeways are .required to have masonry walls. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Marino-to approve and adopt the Negative Declaration, to make all findings set forth in the staff report, and to approve Proposed Tentative Tract 5535 subject to the conditions outlined in the Exhibit "A", with the following additions, deletions and changes: _ Conditions outlined in the memorandum from the Parks dated November 12, 1992, shall be added with the following change: Minutes, PC, 11/19/92 Page 8 ~Condition '#1 to be changed to read as follows: Landscape between back of wall and face of wall will be required, adjacent to Lot 214. ' Memo from Public'Works Department dated November 17, 1992 shall be added to this approval Memo from Planning Department dated November 19, 1992 shall be added to this approval Condition #21, Page 4 shall be deleted Condition #8 of Planning Department conditions, new sentence to be added to existing language to read as follows: Prior to the final map the subdivider shall show a buildout design rand receive approval for such buildout design from the Planning -Director. Building Department Condition #4, Page 7 shall be deleted Motion c~rried. Mr.' Hardisty cited the wall requirement from the zoning ordinance. GENERAL PLAN CONSISTENCY FINDING - TO FIND A PROPOSED HIGH SCHOOL SITE CONSISTENT WITH THE 2010 GENERAL PLAN Staff report was given. Mr. Hardisty reSpOnded to a question by Commissioner Marino saying public facilities in Conjunction with development of a' community are exempt from fees for transportation, etc. The schools try to be cooperative when they can. He did not feel not paying a transportation fee is sufficient cause to find they are inconsistent with the general plan. Commissioner Marino asked if the commission can condition general plan consistency findings to be consistent with policies or' conditions of environmental documents that have changed the general plan. Mr. Hardisty did not feel they can be conditioned at all. 'A finding just has to be made whether or not they are or are not consistent with the general plan. Minutes, PC, 11/19/92 Page 9 Commissioner Rosenlieb :stated her concern about a consistency finding being made next to a possible hazardous waste site. She stated she felt uncomfortable making a consistency finding that would place children next to this site. Mr. Hardisty said these same concerns have been raised by the school board, wh° are conducting an environmental review and hazardous assessment of this site. Mr. Hardisty suggested-that.this issue be deferred until the evidence of the environmental review is present. Commissioner Powers was in agreement with this suggestion. -- Motion was made by Commissioner Rosenlieb, seconded by Commissioner Cohn to defer action on this item until the commission receives information on the results of the tests of the hazardous waste site. Motion carried. 8. REQUEST FROM RIVERLAKES RANCH TO FIND PROPOSED FENCING PLAN SATISFIES CONDITION OF APPROVAL FOR TENTATIVE TRACT 5477 AND GPA 1-90, SEGMENT III REGARDING CANAL FENCING FOR THE CALLOWAY CANAL AND FRIANT-KERN CANAL WEST OF COFFEE ROAD, SOUTH OF OLIVE DRIVE AND EAST OF CALLOWAY DRIVE Commissioner Marino abstained due to a conflict of interest in that his employer is providing services for the applicant. -Commissioner Andrew abstained due to a conflict of interest in that he has received income from a prbperty owner in close proximity to this project. Staff repOrt was given. No one spoke in opposition or in favor of this request. No one was present representing the applicant. Motion was made by Commissioner Cohn, seconded by Commissioner Frapwell to find that'the proposed plan for canal fencing does not satisfy the canal fencing condition of approval for Tentative Tract 5744 and GPA 1-90, Segment III. Motion carried. Commissioner Powers voted no. Minutes, PC, 11/19/92 9. RESOLUTION ADopTING WALL AND LANDSCAPE POLICIES Page 10 10. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition or favor. Responding to a question by Commissioner Rosenlieb, Mr. Movius said landscaping for sumps was referred to the Public Works Department in order to formulate a specific standard.. Responding to a question by Commissioner Powers, Mr. Kloepper said staff would develop a proposal' to bring back before the Commission regarding this issue. Commissioner Rosenlieb felt these policies would benefit everyone concerned. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Andrew to adopt the resolution. Motion carried bythe following roll call vote: AYES: Commissioners Andrew, Cohn, Frapwell, Marino, Rosenlieb, Powers NOES: None ABSENT: Commissioner Messner DISCUSSION OF TRAIL ALIGNMENT ALTERNATIVES .EAST OF MANOR STREET Marc'Gauthier stated he invited the Sierra Club and representatives of the Parkway Committee in order to solicit comments. He pointed out the alternative alignments on the map. . Peter Smith, Kern COG, spoke saying they are the funding agency providing the money for this-project. He outlined the possible alignments. He responded to a question by Commissioner Powers saying the City of Bakersfield has until September 18, 1993 to commence construction on this project in order to-receive funding from Kern COG. Commissioner Powers felt the route which will take the shortest amount of time needs to be taken in view of the'time constraint. Mr. Smith responded to questions by Commissioner Marino, saying under the bicycle design criteria, the trail would be 12 feet of pavement with a 4 foot shoulder on each- side,_ totalling 20 feet. Regarding bike path striping of Panorama he said they would in the future be able to fund this. Minutes, PC, 11/19/92 . Page 11- Commissioner Cohn asked if the Commission would make the ultimate decision on the alignment asking What the procedure would be. Mr. Hardisty said an environmental review would be conducted on each proposed alignment with a public hearing being conducted for a specific plan line, at which time the alignment Would be adopted and preserved for future funding as it becomes available. Arthur Unger, Sierra Club spoke saying their Concern is that they do not lose riparian habitat surrounding the river, feeling this bike path is a threat to that. He stated his preference for the bike path being located near the canal. He asked that concrete be kept away from the river, along with weed-killing chemicals. Rich O'Neal spoke on behalf of the Kern River Bike Path Committee. He gave a history on the bike path. Their goal is to maintain the bike path as a balanced feature for the river and community. The canal route provides a possible walking link to the park above the bluffs and will not disturb the equestrian use. Dennis Fox said he Would.like to see the bike path extended to Fairfax. He added concerns to the alignment being acceptability of the recommended route regarding wildlife corridor. width and separation from human contact and the possibility 0f human encampments. He asked that zoning restrictions be added barring further commercial, strip commercial or liquor sales within one mile of the river- or eXtend park ordinances to include the parkway area. Bill Cooper, Kern River parkway Committee, spoke saying they would support the southern route, feeling any problems associated with it can be overcome. Responding to a question by Commissioner Andrew, Mr. Kloepper felt the canal alignment, would probably be the cheapest to build. Commissioner Marino was in agreement with the canal alignment. Gene.Bogart, City Water Department,' stated the problem with the canal alignment is there is very little width on the north bank of the canal for the first 1/2 mile. Unless retaining walls are built to gain the width through vertical slopes he did not feel there would be enough width to share the bike path along with the required maintenance path for the canal. Discussion continued regarding width of the bike path. He responded to a question by Commissioner Marino, saying the south side of the canal is against the bluff and during rainy seasons it is difficult to get equipment into the area because of the runoff. The south bank is not used very often. Discussion continued regarding width of the canal bank. Commissioner Cohn stated his opinion :that the trail should be along the river because of aesthetics. Minutes, PC, 11/19/92 i1.. Page 12 ReSponding to a question by Commissioner Frapwell, Mr. Bogart said there is sufficient right-of-Way. Responding to a question by Commissioner Rosenlieb, Mr. B0gart said' the bike path could not be on the south side because of future wet years. COMMUNICATIONS A). Written None B) Verbal Mr. Hardisty relaYed decisions made by the City Council regarding multi- use trailS saying it was concluded that there would be a compromise reducing the length of the multi-use decomposed granite trail, with the rail fence being left. The Coun6il also agreed that the trails should be along the fronts-of commercial sites rather than backs. Discussion continued regarding the location of trails. 12. COMMISSION COMMENTS Responding to a question by COmmissioner Rosenlieb, Mr. Hardisty said the item on the Council agenda regarding awarding a contract to a private company for maintenance of an assessment district was denied. The idea of placing this on the agenda was to try to come up with lower maintenance costs, for landscaping. The facts showed that costs to tesidents would be higher by going through a private contract°r, however the costs would be guaranteed for a three-year period. The residents wanted to look into this approach as an alternative to city maintenance, feeling it may be. less expensive to them. Chairman Powers welcomed Mr. Hersh to the Commission. Mr. Hersh stated he looked forward to serving on the Commission. 13. ADJOURNMENT There being-no further business to come before the Commission, meeting was adjourned at 8:25 p.m. Laurie Davis J~Ianning Dlr ec~0$~