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HomeMy WebLinkAbout11/05/92MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, November 5, 1992, 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 JIM MARINO KATE ROSENLIEB C. ROBERT FRAPWELL, Alternate ADVISORY MEMBERS: ~ Present: LAURA MARINO, Assistant City Attorney FRED KLOEPPER, Assistant Public Works Director DENNIS FIDLER, Assistant Building Director . STAFF: Present: JACK HARDISTY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner MIKE LEE, 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. APPROVAL OF MINUTES Motion was made by Commissioner Rosenlieb, seconded by Commissioner Messner to aPprove minutes of the regular meetings held September 3, and September 17, 1992. Motion carried. Minutes, PC, 11/5/92 Page 2 4.1)WALL AND LANDSCAPE CONCEPT PLANS - TENTATIVE TRACT 5738 4.2) Staff report was given. Jerry Gonzales represented the applicant. He stated his agreement with conditions of approval. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Andrew to apprgve wall and landscape plans for Tentative Tract 5738 subject to conditions on attached EXhibit "A." Motion carried. Commissioner Powers was absent due to a co~nflict of interest. WALL AND LANDSCAPE CONCEPT PLANS - TENTATIVE TRACT 5105 Staff report was given. D°ng Nauyen spoke saying he is the owner of subject tract. He stated his agreement with the staff report. Responding to a question by Commissioner Rosenlieb saying the matter of sump fencing was referred to the Public Works Department by the committee to draft a standard'for appi0(/al. Responding to a_qUestion by Commissioner Frapwell, Mr. Hardisty said he did not feel pi!asters are mandatory. The guidelines require a break in texture and visual appearance.~ -Motion was made by Commissioner Messner, seconded by Commissioner Frapwe!l tp_ approve wall and landscape plans for Tentative Tract 5105 subject to conditions outlined in-the Exhibit "A." Motion carried. PUBLIC HEARING -~ EXTENSION OF TIME - TENTATIVE TRACT 5387 Staff report was given. Public portiOn of_the hearing was opened; no one spoke in opposition. Roger McInt°sh represented the applicant. He clarified staff report references this as an R-1 and R-2 zone. A general plan amendment has been approved, so that the entire area is zoned R-1. Page 10 of 10 conditions of approval he said reference to Paseo Vista Boulevard in Condition #16 needed to be changed to Grand Lakes Avenue. He asked that the first sentence of the last paragraph read as follows: "Paseo Vista Bdulevard shall be North Grand Lakes Avenue or Camino Media." ~ ~ Minutes,' PC, 11/5/92 Page 3 Public portion of the hearing was closed. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Frapwell to approve a one-year extension of time for Tentative Tract 5387 subject to the conditions set forth in the Exhibit "A," with the understanding that the R-2 portion has already been. rezoned to R-I, and the following amendments to -conditions: ~ Page 10 of 10 of Exhibit "A", Condition #16, last sentence shall be amended to read as follows: Paseo Vista Boulevard shall be known as either North Grand Lakes -Avenue Or Camino Media. Silmar Street shall be spelled Sylmar Street. Motion carried. 6. PUBLIC HEARING - TENTATIVE PARCEL MAP 9889 Staff report was given: Public portion of the hearing was opened; no one spoke in opposition. Bob Richwood represented the applicant. He stated his agreement with the staff report. Public portion of the hearing was closed. Commissioner Messner observed business continuing on the site, asking the applicant about the status. Mr: Richwood said the cold storage facilities are continuing to be used for transfer purposes. Responding to a question by Commissioner Messner, Mr. Kloepper said the city is not under a program tb notify industrial dischargers of their obligation to control storm water run off. If they are licensed by the State they would be notified by Water Quality Control Board. Motion was made by Commissioner Marino, seconded by Commissioner Messner to approve proposed Tentative Parcel Map 9889 subject to the conditions outlined in the Exhibit "A." 'Motion carried. .% Minutes, PC, 11/5/92 -- 7.1 PUBLIC HEARING - TENTATIVE TRACT 5620 Page 4 7.2 PUBLIC HEARING - TENTATIVE TRACT 5621 Motion was made by Commissioner Rosenlieb,' seconded by Commissioner Messner to hear agenda item #'s 7.1 and 7.2 concurrently. Motion carried. Commissioner Marino abstained from voting. Commissioner Marino abstained on these items due to a conflict of interest in that' he is employed by the applicant. Commissioner Andrew abstained on these items due to a conflict of interest in that he-markets properties receiving commissions from property owners within 300 feet of subject property.. Public portion of the hea, ring was opened; no one spoke in opposition. Steve DeBranch, DeWalt Corporation, represented Fruitvale Properties. He stated they submitted a letter which addresses requested changes to conditions. · In response to a question by Chairman Powers, he stated he was in concurrence with memo from the Parks Department. Responding to a question by Chairman pOwers, Mr. Ha.rdisty stated he was in agreement with changes being requested on Planning Department conditions. Mr. Kloepper stated his agreement with the change to condition #29 of Tentative Tract 5621..Regarding condition #13 he .recommended the condition remain as written. Condition change requested for conditi°n #30 is contingent on the action on Condition #13. Mr. DeBranch explained :their reasoning for requesting a change to condition #13 giving history of negotiations with city staff. He said their intent was to separate the county M-1 property from their R-1 zoned property, outlining steps taken to achieve this~ Every effort has been made to reduce the mix of land uses. He felt opening a street onto Meany-Avenue would not be beneficial, because the overruling condition should be to separate the land uses. The concept design of the tract is to minimize the incorporation of residential traffic into an industrial use. Mr. Kloepper said he has come to the conclusion that a connection is required because of the general plan and Laborde plan to minimize vehicular miles travelled and result~ in a favorable circulation plan. Mr. DeBranch responded that'he felt minimizing the impact should be an overruling consideration. He also felt noise would be a problem. Mr. Kloepper outlined measures for sound atten~uation, saying he did not feel it would be a problem. Minutes, PC, 11/5/92 Page 5 Regarding Planning Department condition #6, Tract 5621 Mr.-DeBranch said he would like to add. the following language to the condition, changing his proposal of the letter dated November 5th, as follows: "or as otherwise permitted by the City Engineer or Planning Director.", which would be added to all. sentences within that paragraph. Public portion of the hearing was closed. Responding to a question by Commissioner Rosenlieb, Mr. Turk, Fire Safety Control stated his agreement with deletions and changes to conditions as requested by-the applicant. Mr. DeBranch responded to a question by her, saying he was in agreement with the.memo from the Planning Department correcting conditions. Responding-to a question by Commissioner Rosenlieb, Mr. Kloepper recommended that a new condition be reworded for Condition #6 as follows: "Prior or concurrent recordations required may be waived if approved by the Planning Director and pUblic Works Director." Mr. DeBranch was agreeable to this language. ~Commissioner Rosenlieb stated she would prefer that the commission support condition #2 of Parks memo, saying that landscaping approved within the power line easement would be looked at by the Commission. Responding to a_question by Commissioner Cohn, Mr. Hardisty recommended any approval of these subdivisions be conditioned based on the successful adoption of a zone change by the City Council, which has not yet been achieved. Commissioner Cohn said he would support Public Works' recommendations with respect._ to the alignments,. Commissioner Messner said although he understood Mr. DeBranch's feelings on the alignment, he felt the overriding circumstances which are reduction in vehicle trips and corresponding air pollution should not be downplayed. Responding to a question by Commissioner Rosenlieb, Mr. Hardisty said Tract 5621 Could be conditioned upon approval of the zone change. Motion was made by COmmissioner Rosenlieb, seconded by Commissioner Messner to approve proposed Tentative Tract 5620 subject to the conditions outlined in the Exhibit "A," with the following changes: Minutes, PC, 11/5/92 _ : . Condition #'s 8 and 9, of Fire Safe _ty Control will be deleted. Page 6 Additional condition to be added as follows: The zone change as proposed by the City Council at the November 4, 1992 meeti_ng shall be aPproved prior to recordation of any phases of the map. Motion carried. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Frapwell to make all findings set forth in the staff report, and to approve Proposed Tentative Tract- 5621, subject to the conditions outlined in the Exhibit- ''A,'' with the following changes: Page 10 of Exhibit "A", second paragraph of item #8 shall be renumbered to Condition #9. The addition of a condition as follows: Prior to recordation of the final map the applicant shall submit conceptual landscape plans for the landscape area within the powerline easement front North Platte Drive, to be approved by the Planning Commission. Fire Safety ContrOl, Condition #8 and 9 shall be deleted. Public Works Condition #29 shall be changed to read as follows:' Phase 1 of this map shall record subsequent to or concurrently with Phase 1 of Tract 5620. Planning Department, Condition #6, an additional sentence shall be added as follows: ' Prior or concurrent recordations required may be waived if approved by the Planning Director and the Public Works Director. She clarified .the motion includes that there be a required access street onto Meany Avenue. ' Motion carried. Minutes, PC, 11/5/92 Page 7 7.3 PUBLIC HEARING - TENTATIVE TRACT 5552 Commissioner Powers abstained due to a conflict of interest. Commissioner Messner chaired this hearing. Staff report was given. Mr. Lee, staff planner stated the applicant had verbally withdrawn his request for reduction of lot area. Chairman Messner corrected the agenda, saying the tentative tract contains 77 lots. i Public portion of the .hearing was opened; no one spoke in opposition. Maurice Etchechm3~ reprtsented the subdivider. He requested that Condition #15 of the staff report be modified to read: "Access to Las Entradas shall be limited to an area_approximately 180 feet to 550 feet westerly of Renfro Road centerline." with the remainder of the condition remaining as it currently exists. Mr. Kloepper was agreeable to this modification. He said it is imperative that they be allowed to maintain the R-2 zoning on this property. Public portion of the hearing was closed. Responding to questions iby Commissioner Rosenlieb, Mr. Hardisty said the lot size does not meet the minimum requirement, however allows for additional units. Commissioner Cohn asked why this map is being cOnsidered if some of the lots are in fact. going to be used for multi-family. Responding to questions ;by Commissioner Rosenlieb regarding possible future problems with this type of undefined proposed map, Mr. Hardisty said he did not know of any neighborhoOd which has been constructed around duplexes such as the proposal for this one2 He said the potential for difficulty exists because of the lack of definition and a possibility of traffic congestion for the one-way access and egress especially with the number of units proposed for construction on this property. CommissionerROsenlieb asked for direction from Mr. Hardisty on this issue saying she felt this is being marketed so that it can accommodate either single or multi-family. Minutes, PC,-11/5/92 Page 8 · Mr~ Etchechury clarified multi-family ADT would be lower than single family. He cited a subdivision' located on Klamath Street, south of Ming Avenue of this type in which 'he 'did not know of any additional conditions which were placed on it. He asked if the commission felt placement of a condition could resolve this matter or if it should be Continued in order to resolve concerns. -Mr. Hardisty said he coUld not recommend a finding that the commission could make for denial Of_this map. Commissioner Marino cited other sites with the same type of zoning and' development. He said the commission has a tract map in front of them which meets the zoning ordinance and he stated he would support staffs recommendatiom Mr. Kloepper clarified a statement by Mr. Etchechury, saying this map would be approximately 1,400 to 2,200 ADT from 77 lots which would caUse no problems. Commissioner Andrew felt this proposed tract is in conformance with the zoning, therefore did not feel the commission could restrict the development. Commissioner Rosenlieb stated her desire to support this map, her concern being that it would begin as a single family development and then change, which is a possibility. .Commissioner Frapwell cited other similar developments in the city which have not created any problems. ~ He stated he would support staff's recommendation. Commissioner Marino said he would like to see whatever type development whicl is started to be finished in 'the same manner. Motion was made by Commissioner Marino, seconded by Commissioner Andrew to approve and adopt the Negative Declaration, to make all findings set forth in the staff report, and to approve Proposed Tentative Tract 5552 with 6,000 square foot lots subject to the conditions outlined in the Exhibit "A", with the amendment to Public Works Condition # 17, per the memo dated November 3, 1992 and approve the modification for the reduction of lot frontage from 60 feet to 55 feet, with the following change: Public Works Condition #15, reference to 230 feet shall be changed to 180 feet Motion carried.' Commissioner Powers was absent due to an abstention. Commissioner Cohn voted no. Commissioner Rosenlieb abstained from voting. Minutes, PC,. 11/5/92 7.4 PUBLIC HEARING - TENTATIVE TRACT 5640 Page 9 Commissioner Marino' abstained on this item due to a conflict of interest due to the fact the applicant is his employer. ~. Staff. report was given. Public portion of the hearing was opened; no one spoke in opposition. Steve DeBranch iepresented the subdivider, stating they concur with staff recommendation. '~ Public portion of the hearing was closed. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Cohn to approve Proposed Tentative Tract 5640 subject to the conditions outlined in the Exhibit "A". Motion carried. Commissioner Marino was absent due to an abstention. 7.5 PUBLIC HEARING TENTATIVE TRACT 5743 Mr. Hardisty cited a request by the applicant for continuance on this matter in order to work out outstanding issues with the Public Works Department. Public portion of the hearing was opened; no one spoke in opposition or in favor. Motion Was made by Commissioner Marino, seconded by Commissioner Cohn to continue this item to the regular meeting of November 19, 1992. Motion carried. 8.1) FILE #5348 -- RECONSIDERATION BY THE PLANNING COMMISSION ON REFERRAL FROM THE CITY COUNCIL OF THE POTENTIAL ENVIRONMENTAL IMPACT ON SCHOOL FACILITIES CITED IN THE APPEAL BY SCHOOLS LEGAL SERVICE FOR KERN HIGH SCHOOL DISTRICT REGARDING THE ZONE CHANGE FROM R-1 (ONE FAMILY DWELLING) ZONE TO AN R-2 (LIMITED MULTIPLE FAMILY DWELLING), OR MORE RESTRICTIVE ZONE ON 11.80 +/- ACRES LOCATED ON THE NORTHEAST CORNER OF PACHECO ROAD AND BUENA VISTA 'ROAD. Staff rePort was given. '~ Public portion of the hearing was opened; no one spoke in opposition. Minutes; PC, 11/5/92 Page 10 Roger McIntosh represented the applicant. He cited a memorandum of understanding with the high school district and gave history on this issue. He asked that wording in Exhibit "A" be amended so that Condition #2, second line the word "conditioned" be changed to "assessable" and also be changed in the following sentence. He-also requested Finding #4 be changed to read as follows: "The project applicant has agreed to establish a cap of 207,000 assessable square feet and a total buildout not to exceed 175 dwelling units." Responding to a question by Commissioner Messner, Dennis Scott, Kern High School District stated they have no objection to the change proposed by Mr. McIntOsh. Mr. Hardisty responded to a question by Commissioner Messner saying if the land use designation were HMR a single family subdivision would be recommended for denial because of inconsistency with the general plan. Motion was made by commissioner Messner, seconded by Commissioner Rosenlieb 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 Ci~ Council subject to the conditions in Exhibit "A" with the following changes: Finding #4 the word conditioned be changed to "assessable". Condition #2, Exhibit the words conditioned be changed to "assessable" in both sentences. : Motion carried by the following roll call vote: - AYES: Commissioners Andrew, Cohn, Frapwell, Marino, Messner, Rosenlieb, Powers NOES: None. ABSENT: None Minutes, PC, 11/5/92 Page 11 8.2) FILE 5368 -- APPLICATION BY BATEY DEVELOPMENT, INC. TO AMEND THE ZONING BOUNDARIES FROM AN A-20A (AGRICULTURE- 20 ACRE MINIMUM LOT SIZE) ZONE ON 7.94 +/- ACRES AND A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE ON 4.075 +/- ACRES TO A C-2 (REGIONAL COMMERCIAL), OR MORE RESTRICTIVE ZONE FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF HAGEMAN ROAD AND VERDUGO LANE. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Brian Batey represented this application. He gave history of hearings on this property. He said concerns regarding residential property abutting commercial property, and they constructed a six-foot masonry block wall for separation and planted evergreen trees at 30-foot spacing. He felt the C-2 zoning would be the most appropriate for a neighborhood center with a supermarket. He felt impacts have been addressed. He also said their site has been fully improved as it relates to a public works standpoint. They have taken the measures to mitigate the residential property from; the commercial. He felt their application was consistent with the 2010 Plan whicll' relates to the setting aside of lands for neighborhood serving commercial uses,-the requirement of new commercial designations to be at least 5 acres in size and the depth of lots. Duane Keathley commented on the size of the parcel saying .from a marketing standpoint 5 acre sites are not of the necessary size to attract major tenants. Bud Aires spoke saying he owns the property to the west of subject property, stating he supports the C-2 zoned property. He felt there is a need for this C-2 zoned property. He said: there is a problem with trying to sell a small C-2 zoned parcel because of its small size. Public portion of the hearing was closed. Commissioner Powers felt' this is probably the most logical site for commercial for this area, however did not feel in the long run it would be feasible. He said he would tendto support the request for C-2 as opposed to limiting it to C-1. Commissioner Rosenlieb stated she would support the staff report on this project, however said there is no 5ndication of the trails in the staff report. She asked about a condition regarding trails on the previous hearing on the 5-acre portion to which Commissioner Frapwell said it was a condition that the trails be on the back of the property. Responding to a question by Commissioner Rosenlieb, Mr. Batey said he preferred that the trail be on the back side of the property. Minutes, PC/11/5/92 Page 12 Commissioner Rosenlieb said "bait and switch" tactics were Used on this project. She said she did not feel enough neighborhood commercial 'was approved to support 'the Polo Grounds. She stated her preference for the Cci zoned property. Commissioner Powers stated his support of the C-2 zoned property is the possibility of a series of-proposed conditional use permits on the site and preclusion of conflict between the R-1 and C-2 zoned properties because of the distance. Commissioner Marino stated his opinion that there would be more of an impact between residential properties and commercial properties than between adjacent residential properties and R-2 zoned property. He felt if the property is zoned C- 2 it will not substantially,change the nature of construction on the site but will avoid a rash of conditional use permits for the property. He said he would support the applicant's request. Responding to-a qUestion by Commissioner Marino, Mr. Hardisty said the · recommended condition would be to install a trail along the west and northern .property lines prior to occupancy. Commissioner Marino was concerned that the trails would not match to existing trails if they are to be at!the back of the commercial property. Discussion Continued regarding the placement of the equestrian trail. Commissioner Messner felt commercial zoning would work in this area. Responding to questions ;.by him, Mr. Hardisty said this area is designed to serve neighborhood commercial uses rather than the C-2 zone which can accommodate 6 stories and-larger signage. There is not a transitlon between C-2 and R-1 zoning on Subject application. He explained the conditional use permit process' for the C-1 zone and theuses which would require it. Commissioner Andrew felt the applicant has made an effort to work with the neighbors and they don't' have a problem with the proposal. The proposal is consistent with the general plan and the applicant has provided amenities to reduce potential impacts. He stated he would be willing to support the request for C-2 zoning. Responding to a question by Commissioner Andrew, Mr. Keathley said he did not feel there is much difference between the C-1 and C-2 zoning in a shopping center such as this, with the only difference being between the drive-through uses. Minutes, PC, 11/5/92 ~ . Page 13 Responding to a question by Commissioner Rosenlieb, Mr. Hardisty said the city _ hastried to urge the trails along the back side of commercial properties in order to provide access without crossing traffic. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Frapwell to deny the proposed C-2 zoning. Motion carried by the following roll call vote: AYES; Commissioners Cohn, Frapwell, Messner, Rosenlieb NOES: Commissioners Andrew, Marino, Powers -ABSENT: None Motion was made by Commissioner Rosenlieb, seconded by Commissioner Frapwell to make findings set forth in the staff report and approve a zone change for the A-20A (7.94 +/- acres) to C-1 only and recommend adoption of same to the City Council. Motion carried by the following roll call vote: AYES: NOES: ABSENT: Commissioners Cohn, Frapwell, Marino, Messner, Rosenlieb, Powers Commissioners Andrew None GENERAL PLAN CONSISTENCY FINDING - PROPERTY LOCATED AT THE SOUTHWEST CORNER'OF "L" AND 19TH STREETS AND PROPERTY LOCATED AT THE NORTHWEST CORNER OF "K" AND 18TH STREETS. Staff report was given. Motion Was made by cOmmissioner Frapwell, seconded by Commissioner Marino to make a finding pursuant to Government Code 65402, that the proposed property exchange (acquisition and disposing) of real property for the proposed parking is consistent with the general plan. Motion carried. Minutes, PC, 11/5/92 Page 14 10. WITHDRAWAL. OF GPA 3-92, SEGMENT V APPLICATION 'Mr. Hardis. ty gave historY of this issue. Commissioner Marino sthted his position has not changed on this application. He felt staff had the right intention of cleaning up this inconsistency. Motion was made-by Commissioner Cohn, seconded by Commissioner Messner to approve the wiihdrawal of this general plan amendment segment. Motion carried. Commissioner Marino voted no. 11. COMMUNICATIONS A) Written None B) '--Verbal Mr: Hardisty informed the Commission that the City Council had approved the new_ CEQA guidelines and they would be distributed at a future date. Mr: Hardisty cited the increase of subdivisions being negotiated at the hearing. He Said Staff is in the process of devising a new scheduled in order that the staff report Will be to the subdivider a week earlier than presently. It would allow them the opportunity to meet with staff if there is a disagreement as to interpretation of codes or if issues need to be worked out. He felt this would expedite the hearings. He gave an 'estimate of deadlines being a week earlier. He said continuances will .require additional, time for evaluation. Mr. Hardisty said this new procedur~ would not become effective until after the first of the year. Commissioner Marino suggested that possibly an advisorY notice be added to the staff report for the subdivider that the staff report be. read and if they have questions or problems that they contact the appropriate City Department and possibly a note as to the date it will be passed on to the Planning Commission. Commissioner Messner was in favor of this proposal. He suggested a note to the Planning. Commission as to the date the applicant received the staff report. Mr. Hardisty said this would be outlined on a flow chart. Minutes, PC, 11/5/92 Page 15 12. COMMISSION COMMENTS Responding to qUestions.by Commissioner Messner, Mr. Hardisty said the initial sessions with CalTrans are informational in order to outline their work program. He said. staff is following it closely. Commissioner Marino reported the trails committee held a meeting in which Mr. Smith of Kern COG was present. He said Mr. Smith is considering two alignments for bike routes to .connect Manor Street to Fairfax Road, which is the most difficult route to get through. -He said the money is available for construction, howeVer unless the Planning Commission gives some type of direction fairly soon they Will lose the money. Responding to a question~:by Commissioner Marino, Mr. Hardisty said Mr. Smith is looking more for "attitude" toward alignments rather than a recommendation. Commissioner Powers fell~ everyone would have to learn to co-exist, stating he favors the river alignment, feeling it is aesthetically the best place and most beneficial to the?ommunity. Responding to a question by Commissioner Marino, Mr. Hardisty said it would be appropriate for himto write a letter to Mr. Smith giving direction. Commissioner Marino requested that Mr. Gauthier obtain the map from Mr. Kloepper, with the intent that it be discussed on the next agenda. 13. ADJOURNMENT There being no further business to. come before the Commission, meeting was adjourned at 8i01 p.m. Laurie Davis Recording Secretary ,a nm % or