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HomeMy WebLinkAbout09/03/92MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, September 3, 1992, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: sTEvEN ANDERSON, Chairperson DARREN POWERS, Vice Chairperson JEFF ANDREW DAVID COHN JIM MARINO STEVE MESSNER KATE ROSENLIEB Absent: C. ROBERT FRAPWELL, Alternate o ADVISORY MEMBERS: Present: STAFF: Present: PUBLIC STATEMENTS LAURA MARINO, Assistant City Attorney FRED KLOEPPER, Assistant Public Works Director CALVIN BIDWELL, Building Director JACK HARDISTY, Planning Director JIM EGGERT, 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. 3. APPROVAL O.F MINUTES Motion was made by CommissiOner Powers, seconded by Commissioner Messner to approve minutes of the regular meetings held July 2, and July 16, 1992. Motion carried. . . Minutes, PC, 9/3/92 COMPREHENSIVE SIGN PLAN 2-92 Page 2 Chairman Anderson abstained due to a conflict of interest in that he has provided services to an. adjoining land holder. Commissioner Powers abstained due to a perceived conflict of interest in that his employer represents a doctor who is on staff at the hospital. Commissioner Andrew abstained due to a conflict in that he markets property for th'e applicant. Commissioner Messner chaired this item as well as item #5. Commissioner Cohn gave the committee report, stating an amenable solution had been reached] He said it was made clear that under no circumstances would pole signs containing banners be allOwed because they have not been allowed' on any other development and the committee would not want to create a precedent. He asked that other members of the commission keep this in mind for future reference. .- Bill McClure was present representing the applicant. He stated his agreement with staff recommendations. _ Responding to a question by Commissioner Messner, Mr. McClure said the revised comprehensive sign plan would be' submitted in the_ near future, subject to this approval. Motion was made by Commissioner Cohn, seconded by Commissioner Marino to make findings set forth in the Sign Committee Report and approve the request for Comprehensive Sign Plan 2-92 for the Mercy Southwest Hospital, subject to the conditions listed in the Committee Report. Motion carried. Commissioners Andrew, 'Anderson and Powers were absent from voting due to conflicts of interest. - 5.1 PUBLIC HEARING - EXTENSIONS OF TIME - TENTATIVE TRACT 5001 REVISED Commissioner Powers abstained due to a conflict of interest in that his firm represents property owners in the area. Staff report was 'given. Public portion of the hearing-was opened; no one spoke in opposition. .Public portion of the hearing was closed. Minutes, PC, 9/3/92 .'. " Page 3 Motion was made by COmmissioner Rosenlieb, seconded by Commissioner Cohn to approve· a one-year extension of time for Tentative Tract 5001 (revised) with no changes to the conditions of approval. Motion carried. Commissioners Anderson and pOWers were absent from voting due to conflicts of interest. 5.2 PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5150 5.3 PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5151 -5.4 PUBLIC HEARING·- EXTENSION OF TIME - TENTATIVE TRACT 5152- 5.5 PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5363 CommiSsioner Rosenlieb requested that Agenda Item #'s 5.2, 5.3, 5.4 and 5.5 be heard concurrently~ - Commissioner Marino abstained on Item #'s 5.2,-5.3, 5.4 and 5.5 due to the fact his employer is providing services for the property owner, Staff report was given on all items. Public portion of the hearing was opened; no one spoke in opposition. N° one was present representing the applicant. Public portion of the hearing .was closed. Motion was 'made by Commissioner Rosenlieb, seconded by COmmissioner Messner to approve a one-year extension of time for Tentative Tract 5150 subject to the conditions outlined in the Exhibit "A". Motion carried. Commissioners Anderson and Marino were absent from voting due to conflicts of interest. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Messner to approve a one-year extension of time for Tentative Tract 5151 subject to the conditions outlined in the Exhibit "A". Motion carried. Commissioners Anderson and Marino were absent from voting due to conflicts of interest. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Messner to approve a one'year extension of time for Tentative Tract 5152 SubjeCt to the conditions outlined in the Exhibit "A". Motion carried. Commissioners Anderson and Marino were absent from voting due to conflicts of interest. Minutes, PC, 9/3/92 Page 4 Motion was made by 'Commissioner Rosenlieb,' seconded by Commissioner Messner to approve a one-year extension of time for Tentative Tract 5363 with no changes to conditions of approval. Motion carried. Commissioners Anderson and Marino were absent from voting due to conflicts of interest. 5.6 PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5396 Commissioner Powers abstained due to a conflict of interest in that he represents a property owner in the vicinity of subject site. Staff report was given.' Public portion of the hearing was opened; no one spoke in opposition. Bob Jackson represented the applicant. He stated his agreement with staff recommendation. Public portion of the hearing was closed. Motion was made by Commissioner Marino, seconded by Commissioner Andrew to approve a one-year extension of time for Tentative Tract 5396 subject to the conditions outlined in the Exhibit "A'. Motion carried. Commissioner Powers was absent from voting due to a conflict of interest. PUBLIC HEARING - TENTATIVE PARCEL MAP 9798 Staff report was given. Public portiOn of the hearing was opened; no one spoke in opposition. Maurice Etchechury represented the applicants. He said his client will build a block wall across the drive approach. He asked for change to Building Department condition #1 that it be required prior to building permit. Mr. Bidwell was amenable' to this. Regarding Condition #5 of Planning Department conditions, he said he wanted to ensure that payment of park fees only pertain to Parcel 2 of this parcel map and rather than using standard procedure, a set fee would be preferable because they would like to avoid an appraisal fee for this single lot. Mr. Hardisty stated his agreement with this. Public portion of the hearing was closed. Chairman read staff's recommendation. Minutes, PC, 9/3/92 Page 5 RespOnding to a question by Commissioner Rosenlieb, Mr. Etchechury said the intent is that parcel 2 woUld contain a new house. In all discussions with the client a subdivision of this parcel was not considered, hoWever he could not make a commitment t° this effect. Commissioner Rosenlieb stated her concern about a large vacant lot being left in a residential area. Mr. Hardisty said staff is in agreement with the conditions of approval. Motion was made by Commissioner Marino, seconded by Commissioner Powers to make all findings set forth in the staff report, and to approve Proposed Tentative Parcel Map 9798 subject to the conditions outlined in the Exhibit "A", with the inclusion of changes as outlined in the Public Works memo dated September 3, 1992 'and the change to Building Department Condition #1 to read as follows: PriOr to building permit the subdivider shall obtain approval of a preliminary soils report and grading plan. (BMC 16.44). Motion carried. 7. PUBLIC HEARING - TENTATIVE TRACT 5758 COmmissioner Powers abstained due to-a conflict of interest. Commissioner Marino abstained due to a conflict of interest in that his employer owns property within 300 feet of subject property. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Maurice Etchechury represented the applicant. He stated their agreement with conditions in the staff report. He clarified the phasing of this tract, stating he ' spoke with Public Works regarding the possibility of modifying Condition #'s 11 and 12 ·related to construction of Old Farm Road and Noriega, saying he would like the record to reflect that Public Works has the discretion to alter this condition as seen fit and appropriate for conditions at time of development. Mr. Kloepper said he would have no objection to the applicant's request for flexibility so that all of Old Farm Road would not have to be improved on the entire tract frontage or all of Noriega Road not having to be improved along the entire tract frontage with the first development which fronts a portion of it. Mr. Etchechury said this commitment by Mr. Kloepper satisfies their concerns, and he is not requesting any specific change to the language based on it. Public portion of the hearing was closed. Minutes, PC, 9/3/92 . . Chairman read staff's recommendation. Motion was made by Commissioner Rosenlieb, 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 5758 subject to the conditions outlined in the Exhibit "A". Motion carried. Commissioners Powers and Matino were absent from voting due to conflicts of interest. Page 6 PUBLIC HEARING - PROPOSED ORDINANCE ADDITION (RECONSTRUCTION OF DAMAGED NONCONFORMING BUILDINGS) Commissioner Andrew abstained on this item due to a conflict of interest in that he owns property-within 300 feet of buildings on the unreinforced masonry list. Commissioner poWers abstained due to a conflict of interest in that his office is across the street from an unreinforced masonry building. Staff report was given. Public portion of the hearing was opened. Bill Slocumb stated he' Submitted a letter to the Commission regarding this issue. He said his law firm represents approximately 60 owners of these buildings, stating they support' the concept of the changes proposed. He asked the Commission to consider delaying action on this item because he felt a better alternative to the change exists. He felt the current use needs to include all permitted uses under the zoning. He urged that in the event two or more Contiguous buildings are combined, the square footage not be limited to what is existing but be allowed to be 150 percent of the existing square footage. He said their reasons for requesting this are property values and they felt it would encourage a more rapid change to conforming buildings. He said the group speaking to the Urban Development Committee regarding this was concerned about- the event of'the buildings being brought into conformance with existing requirements, saying there would not be enough room for them to function in their existing use. He asked that this be deferred in order to possibly give a committee an opportunity to consider an alternative. Responding tO a question by Chairman Anderson, Mr. Sloeumb gave an example of how this would apply. If buildings are remodelled a credit would be allowed for square footage not being used to be transferred to another property. Minutes, PC, 9/3/92 Page 7 Mr. HardistY felt the request exceeds the agreement reached at the Urban Development Committee meeting in terms' of protecting, a status quo. He stated it is the Commission's option to refer this issue to committee, stating there is no urgency for moving on this issue. Responding to questions by Commissioner Cohn, Mr. Hardisty said he did not recall the 150 percent issue being discussed. Mr. Hardisty responded to a question by Chairman Anderson saying he recommended this be referred to Joint Council/Planning Commission committee. Bruce Keith read a letter into the record, with a summary of his comments being that he wanted this ordinance to be continued and referred back to committee. He'said he supports the intent of the ordinance, however felt it requires tailoring to address the unreinforced masonry building and planning issues downtown. He said he would like the proposed ordinance to include the creation of square footage, credits that could be relocated within downtown. Chairman Anderson stated if this is sent to Joint City Council/Planning Commission committee Commissioners Andrew and Powers would declare a conflict of interest on this item. Commissioner Messner would be on the Committee with Commissioner Rosenlieb as alternate and he appointed .COmmissioner Cohn to fill the other vacancy. Commissioner Marino said he owns property in the downtown area, however after discussing a possible conflict with staff it was determined he did not have a _conflict. Motion was made by Commissioner Marino, seconded by Commissioner Messner to send this item to the Joint City Council/Planning Commission committee with Commissioner Cohn serving on this committee. Responding to a question by Commissioner Messner, Mr. Slocumb said the issue 0f the original construction footage was an issue brought out of the committee, in which they indicated they supported 150 percent. Mr. Slocumb asked that they be invited to the committee meeting. Mr. Hardisty said Mr. Slocumb could be contacted regarding this meeting. Commissioner Marino amended his motion, seconded by Commissioner Messner to bring this item back to the meeting of October 1, 1992. Motion carried. .Minute§,-PC, 9/3/92 Page 8 9. GENERAL PLAN CONSISTENCY FINDING - SUMMARY VACATION OF 10. 11. CITY OF BAKERSFIELD EASEMENT RIGHTS IN A PORTION OF GEORGIA DRIVE (ACCESS EASEMENT) BETWEEN MANOR STREET AND FALLGATTER STREET Staff report was given. Chairman Anderson read staff's recommendation. Commissioner Rosenlieb thanked staff for the effort of notifying the adjoining property owners. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Powers pursuant to Government Code Section 65402 to find the summary vacation of City of Bakersfield easement rights in a portion of Georgia Drive (access easement) between Manor Street and Fallgatter Street consistent with the Metropolitan Bakersfield 2010 General Plan and report the same to the City Council. Motion carried. STATUS REPORT - ZONE CHANGE #4709 Commissioner Powers :gave cOmmittee report on this issue. He stated the zoning ordinance committee's concurrence with the applicant's request that on the west side of Auburn Oaks Drive for the portion where Auburn Oaks Drive creates an "L" be zoned R-2 and in line-with the "L" at Auburn Oaks Drive to the eastern property line be zoned R-3 to be uniform with the adjacent property. Motion was_made by Commissioner Powers, seconded by Commissioner Cohn to direct staff to begin general plan amendment and zone change procedures to .accommodate R,1 and R-2for the site at 6200 Auburn Street pursuant to Section 17.52.080 of the Bakersfield Municipal Code with the inclusion of the recommendation.of the committee report dated September 3, 1992. Motion carried.- COMMUNICATIONS A) Written None B) Verbal Non e Minuies, PC, 9/3/92 12. 13. Page 9 COMMISSION COMMENTS None ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at ~6:32 p.m. Laurie Davis Recording Secretary