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HomeMy WebLinkAbout07/02/92MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, July 2, 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 C. ROBERT FRAPWELL, Alternate ADVISORY MEMBERS: Present: LAURA MARINO, Deputy City Attorney FRED KLOEPPER, Assistant Public Works Director CALVIN BIDWELL, Building Director STAFF: Present: JACK HARDISTY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner JIM EGGERT, Principal Planner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary 2. 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 Commissioner Marino said regarding May 7, 1992, minutes, Page 13 CommissiOner Frapwell amended his motion to direct staff to write a letter to the BIA regarding interest in their ideas about the subject. Page 16 regarding Committees he asked that it be added to the record that Mr. Hardisty stated it Minutes, PC, 7/2/92 Page 2 needed to be on the agenda due to the Brown Act. With these amendments Commissioner Powers made the motion to approve, seconded by Commissioner Messner. Motion carried. 4. WALL AND LANDSCAPE PLAN - TENTATIVE TRACT 5540 Commissioner Andrew abstained due to a possible conflict of interest in that he represents the applicant on several buildings. Commissioner Rosenlieb abstained due to the fact the property owners are personal friends. · Staff report was given. Jim Delmarter represented the applicant. He stated agreement with conditions of the staff report and memo of July 1, 1992 from the Planning Department. Motion was made by Commissioner Powers, seconded by Commissioner Marino to approve conceptual plans for wall and landscaping dated June 24, 1992, for Tentative-Tract 5540, subject to conditions in Exhibit "A", excluding Planning Department Condition #7~ and deleting Paragraph 1 of Page 3 of staff report which discusses phasing concept of installation of landscaping which is no longer appropriate and the addition of Public Works Exhibit "A". Motion carried. 5. FINAL DEVELOPMENT PLANS - P.U.D. #5340 Commissioner Anderson abstained due to a possible conflict of interest in that he has provided services to an adjoining property owner. Commissioner Powers chaired this hearing. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Roger McIntosh represented the applicant and owner. He stated his concurrence with recommendations of the staff report. Public portion of the hearing was closed. In response to a question by Commissioner Rosenlieb, Mr. McIntosh stated he was aware of and agreeable to the memo dated July 1, 1992, amending the staff report. Minutes, PC,-7/2/92 Page 3 Motion was made by Commissioner Rosenlieb, seconded by Commissioner Marino to make all findings set forth in the staff report with the addition of Finding #6 in the memorandum, from the Planning Department dated July 1, 1992, and approve the final development plans.with the following condition: Any deviation in the floor plans will require a determination by the Planning-Director :that the plan is in conformance with the intent of the ordinance. In the event the Planning Director is unable to make said determination an amended Final Development Plan shall be submitted for Planning Commission review and approval. Motion carried.~ COMPREHENSIVE SIGN PLAN 2-92 Commissioner Anderson,abstained due to a possible conflict of interest in that he has provided services to an adjoining property owner. CommissionefPowers abstained due to a conflict of interest. He relinquished the chair to Commissione~ Messner: Commissioner Powers remained seated. Staff report was waived due to a request being received from the applicant to refer ~this-item to the sign committee. Bill McClure was present representing the applicant. He asked that the sign committee meeting be scheduled at this hearing, stating they would be available any time after 2 p.m. on Monday. Commissioner R0senlieb said it would not be scheduled at this hearing. Commissioner Cohn said~ the Planning Department could schedule the hearing. Commissioner Cohn suggested it b_e held after the 13th. Commissioner Messner said the _14th would be a possibility for him. Commissioner Rosenlieb asked staff about her previous request for information regarding landscaping Ol~ Stockdale Highway, asking that information be provided prior to the sign committee. MOtion was made by Commissioner Rosenlieb, seconded by Commissioner Cohn to refer this item to the Sign Ordinance Committee with the intent that it come back before the Commission at the next regular meeting of July 16, 1992. Motion carried. CommissiOner Andrew abstained from voting in that he markets properties, for the applicant. Minutes, PC, 7/2/92 Page 4 7.1) PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5287 7.2) Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. .Jim Redstonerepresented the applicant. -Public portion of the hearing was closed. He asked for approval. Motion was made by Commissioner Powers, seconded by Commissioner Marino to approve a one-year extension of time as proposed with the amendments in accordance with the Public Works memo. Motion carried. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5288 8.1) Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. 'Jim Redstone represented the applicant. He stated their concurrence with the 180-day change in reference to Condition #14, Page 9 of 10. 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 as proposed with the amendments in accordance with the Public Works memo and changing the 90-day reference on condition #14 on Page 9 of 9 to 180 days. Motion carried. -PUBLIC HEARING' TENTATIVE TRACT 5372 Commissioner AndersOn abstained due to a possible conflict of interest in that he has performed services for an applicant within 300 feet of this property. Commissioner Marino abstained due to a possible conflict of interest in that his employer owns property within 300 feet. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Bob Smith represented the applicant. He stated their concurrence with the conditions of approval. Minutes, PC, 7/2/92 -Public portion of the hearing was closed. Page 5 Mr. Kloepper pointed out that conditions from Public Works needed to be included in this and other projects. ResPonding to a question by Commissioner Rosenlieb, Mr. Kloepper said access to the sump would be off Verdugo. Commissioner Rosenlieb stated regarding future subdivision committee that she would like the committee to look at consistency with how sumps are dealt with in regard to fencing,-access ~and landscaping. 8.2) Motion was made by Commissioner Rosenlieb, seconded by Commissioner Frapwell to approve and adopt the Negative Declaration and to make all findings set-forth in the staff report, and to approve Proposed Tentative Tract 5372 (Revised) . subject to the conditions outlined in the Exhibit "A" attached to the staff report with the addition of Public Works conditions outlined in Exhibit "A" dated June 25, I99Z Motion carried. PUBLIC HEARING - TENTATIVE TRACT 5446 This item was withdrawn at the request of the applicant. No one was present in the audience to speak on~ this item. Responding to a question by Commissioner Rosenlieb, Mr. Kloepper said the reason for. withdrawal on this item was the applicant's unhappiness over the requirement for traffic study. 8.3) PUBLIC HEARING--' TENTATIVE TRACT 5586 . Staff report was given. Public portion Of-the hearing was opened; no one spoke in opposition. Jim Delmarter represented the applicant. He stated his agreement with the conditions contained in both the staff report and memo of July 1, 1992. Public portion of the hearing was closed. Concerning the not-a-part portion of this tract, Mr. Delmarter responded, to questions by Commissioner Rosenlieb, saying it is a mobilehome site with the plan for a lot line adjustment being processed in the County to move the mobilehome site. Mr. KlOepper agreed a waiver of direct access exists on Hosking Avenue which would not affect the not-a-part. Full improvements have MinUtes, pC, 7/2/92 Page 6 been required'for the 'not. a-part. Mr. Delmarter said the intent is that there be a uniform frontage on Hosking with access to any homes being from the street to the north. Mr. Kloepper said the intent was to require a local traffic impact study, which failed to be reflected in the conditions. He proposed the following wording: "The subdivider shall provide a local traffic study to be approved by the City Engineer and shall, mitigate any impacts shown in this study." Mr. Delmarter said prior to submitting this subdivision, he spoke to the traffic department stating this subdivision could have been submitted as two individual subdivisions. He stated he was told the traffic study could be waived. He requested this condition not be included on the map. Mr. Kloepper said the proposed condition reflects the current approach by the City, which is to require a local study on every project because cumulative effects are the same. Mr. Delmarter commented on the cost of the study and effects to be mitigated. He proposed that $750 per acre be imposed on each project which would eliminate the need for traffic study on each Subdivision. He felt this cost would be fair. Mr. Kloepper said overall this suggested cost would pay ,for signals but not for special items such as freeway ramps and widenings. RespOnding to a question by Commissioner Anderson, Mr. Delmarter said he would like the elimination of any traffic fees or studies because he felt an agreement was in Place. ' Commissioner Rosenlieb :felt a flat rate could be applied to those subdivisions which do not contain SPecial circumstances. Mr. Kloepper said this can be worked on and brought back to the commission at a later date. Commissioner Rosenlieb felt impacts will occur as a result of this project, and felt possibly this item could be continued for two weeks to give Mr. Delmarter a chance to speak to the applicants regarding this issue. Chairman Marin° agreed with Mr. Delmarter's comment regarding a per acre fee not requiring studies On each project. He responded to a question by Chairman Anderson regarding continuance, saying if a traffic study is required they would be willing to pay the $750 per acre paid at the building permit stage instead of providing a study at the building. Mr. Kloepper was agreeable to this. Minutes, PC, 7/2)92 Page 7 Motion was made by Commissioner Rosenlieb, seconded by Commissioner Cohn to approve and adopt 'the Negative Declaration, to make all findings set forth in the staff report, and to approve Proposed Tentative Tract 5586 with a modification of lot frontage from 60 feet to 55 feet subject to the conditions outlined in the Exhibit "A" attached to the staff report, including the memo from the Public Works Department dated July 1, 1992 and the addition of a condition as follows: A local traffic fee Of $750 an acre shall be paid at the time of building permit. Commissioner Rosenlieb stated her agreement with Commissioner Marino's statement ' that this additional condition is in-lieu of a traffic study and meets requirement for local traffic mitigation. Motion c~irried. 8.4) PUBLIC HEARING - TENTATIVE TRACT 5602 Staff report was gix~en.' Public portion of the'hearing was opened; no one spoke in opposition. Darrel Whitten represented the applicant. He stated his concurrence with conditionS of approval. Regarding Condition #5, Public Works conditions he said he felt item e. should be $2,760 instead of $27,600. Mr. Kloepper stated his agreement with this correction. Regarding the traffic impact fees he asked that they.be paid as phases record. Mr. Kloepper said this could be changed to be paid at building permit stage. Mr. Whitten stated his agreement with the July 1, 1992 memo from the Planning Department stating they have a memorandum of understanding With Kern High School and Fairfax School Districts. Mr. Hardisty stated he had a copy of this. ': ReSPonding to a questio~ by Commissioner Rosenlieb, Mr. Whitten said the high school fee would be $3,360 and $5,885 for elementary school district. Regarding letter received about the. general plan and zone change she said these lot sizes are comparable to those on the east side of Oswell. She stated her objection to the inference that graffiti has plagued this area because of the small lots. She said she would be amenable to ideas during the wall and landscape phase which would alleviate the graffiti problem. Regarding a question about the sump in the area, Mr. Kloepper said it is intended to be temporary which is the reason for the temporary fencing. Minutes, PC, 7/2192 Page 8 Motion wag made by Commissioner Marino, seconded by Commissioner Powers to apprOVe and adopt the Negative Declaration, to make all findings set forth in the staff rePort, and to approve Proposed Tentative Tract 5602, subject to the conditions outlined in the Exhibit "A" attached to the staff report with the additions of Planning Department conditions #11 and 12 in the memo from the Planning Director dated July 1, 1992 and changes to condition #5 of revised Public Works memo dated June 25, 1992, the last sentence to read as follows: "The following traffic mitigation fees shall be paid at building permit stage." Item #5.e. to be changed to reflect a $2,760 fee. Motion carried. 8.5) ' PUBLIC HEARING - ~NTATIVE TRACT 5620 8.6) PUBLIC HEARING - TENTATIVE TRACT 5621 Commissioner Marino abstained on agenda item #'s 8.5 and 8.6 because he is emplOyed by the applicant. Commissioner Rosenlieb made a motion, seconded by Commissioner Messner to hear agenda item #'s 8.7 ~and 9.3 concurrently as they are related items. Motion carried. 'Corn.missioner Marino abstained from this vote, because he is employed by the applicant. Staff report was waived on these items. Public portion was opened on these items; no one spoke in opposition. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Messner to continue these items to the first possible hearing following the city council action on the pending general plan amendment but under no circumstances to be continued after December 31, 1992. Responding to a question by Commissioner Messner, Commissioner Rosenlieb said the reason for not allowing this to be continued past December 31, 1992 is because of possible tracking problems. Motion carried. Minutes, PC, 7/2/92 Page 9 8.7) PUBLIC HEARING - T~NTATIVE TRACT 5737 9.3) FILE 5351 -- PUBLIC HEARING ON AN APPLICATION BY DEWALT CORPORATION TO AMEND THE ZONING BOUNDARIES FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO AN R-1 (ONE FAMILY 'DWELLING), :OR MORE RESTRICTIVE ZONE ON 6.45 +/- ACRES LOCATED SOUTH OF CASA CLUB DRIVE, ADJACENT TO THE 18TH FAIRWAY AT RIO BRAVO GOLF COURSE. Commissioner Marinoabstained on this item because he is employed by the applicant. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. Greg Owens represented the applicant. He asked for information regarding Public Works Condition #_1 concerning drainage study. Mr. Kloepper said his department could meet with the applicant on this issue. Regarding Condition #11 he said they would be simply tying into an existing system. Mr. Kloepper responded that every lot in' the development would be served by the sewer and the tie would need to be shown. No existing improvements would need to be shown as it goes into the existing system.- Mr. Owens was agreeable to this. Regarding Building Department Condition #4 he was not clear on the need for it, because they have a will-serve letten Mr. Fidler, Building Department representative was agreeable to its deletion. Mr. Owens stated his agreement with the July 1, 1992 memo from the Planning Director. Mr. Kloepper said it-would be consistent to require a local traffic impact fee in- lieu of a study. Responding to a question by Chairman Anderson, Mr. Owens said he would be agreeable to the option of providing a study or paying a fee of $750 per acre. Public portion of the hearing-was closed. Responding tO a question by Commissioner Powers, Mr. Kloepper said although this tract is located within a contained area, where Casa Club Drive runs into Miramonte and Miramonte comes into State Highway 178 signals would be required. Minutes, PC, 7/2/92 Page 10 Responding to a question by Commissioner Rosenlieb, Mr. Owens said the front yard of lot 22 Will' be on ,the cul-de-sac. She felt it would be undesirable to have side, front and back yards in a very short distance on the same street. Shewas concerned abOut the back yards abutting Casa Club Drive, saying she would like tosee wooden fences. Commissioner Powers stated his concern that different varieties of fencing could eventually exist along with wrought iron. He stated he would be in agreement with allowing the wrought iron to remain if a deed restriction could be placed on this Which would prohibit~other types of fencing to be constructed in the future. commis~i°ner' Messner said he was not opposed to wrought iron fencing. Commissioner Frapwell said he was not opposed to the application, however felt 'it Was the matter of market. Chairman Anderson said he did not feel these are golf course lots, but are street lots. The back yard backs to a two-way traffic street. He agreed with Commissioner Powers' comment that a resident may in the future change the fence, causing the area to appear unsightly. He said he would not however be opposed to it if a deed restriction could be added. Motion was made by Commissioner Messner, seconded by Commissioner Powers to approve and adopt the Negative Declaration, to make all findings set forth in the staff report, and those in the memo from the Planning Director dated July 1, 1992 and to approve Proposed Tentative Tract 5737 subject to the conditions outlined in the -Exhibit "A" attached to the staff report with the inclusion of Public Works conditions in the memo dated June 25, 1992 with the following additions and deletion: ~ .- The addition of Condition #14 to Public Works conditions: The subdivider shall either provide a local traffic study to be approved by the City Engineer and the subdivider shall mitigate any impacts shown in the study or the subdivider shall pay a local traffic impact fee of $750 per acre at the building permit stage. The addition of the ifollowing condition: The Subdivider shall deed restrict property owners against additional fencing other :than the 4 foot view fence along rear property lines. Deletion of Condition #4 of Building Department conditions MinUtes, PC, 7/2/92 Page 11 Commissioner Powers noted the additional condition regarding deed restriction affects LOts 1 through 6. Mr. Hardisty said regarding the Fire Department Condition #3, Page 2 of 4, it was asked to be deleted because it concerns secondary access and because of the design of the subdivision it is not a concern of theirs. Regarding Planning Department Condition #6 concerning double-frontage lots he said the last sentence should be deleted. Commissioner Messner amended his motion to allow these deletions, Commissioner Powers seconded the amended motion. Motion carried. Commissioner Rosenlieb voted no. Motion was made by Commissioner Powers, seconded by Commissioner Frapwell to make findings set forth~in the staff report and approve the Zone change as proposed and advertised and recommend adoption of the same to the City Council. Motion carried by the following roll call vote: AYES: Commissioners Andrew, Cohn, Frapwell, Messner~ Powers, Rosenlieb, Anderson NOEs: None ABSENT: Commissioner Marino 9.1) FILE 5348 -- PUBLIC HEARING ON AN APPLICATION BY KERN COLLEGE LAND COMPANY TO AMEND THE ZONING BOUNDARIES FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A C-2 (REGIONAL COMMERCIAL) OR MORE RESTRICTIVE ZONE ON 13.37 +/- ACRES AND TO AN R-3 (LIMITED MULTIPLE FAMILY DWELLING) OR MORE RESTRICTIVE ZONE ON 11.80 +/- ACRES LOCATED ON THE NORTHEAST CORNER ,OF PACHECO ROAD'AND BUENA VISTA ROAD. Chairman Anderson abstained due to a conflict of interest in that his company has provided services for an adjoining land owner within the last year. Vice Chairman Powers' chaired this hearing. Staff report was giVen~ Public Portion of the hearing was opened. Minutes, 'PC, 7/2/92 Page 12 Steve' Hartsell represented the Kern High School District stating he had submitted a letter. He corrected the portion of the staff report indicating the project will consist of 75 residences stating it should read 175. He said the legal · basis fOr the district's request was summarized in a letter submitted to the commission On June 18, 1992, and requested it be included. He said the request would impact the school district by increasing the number of residences on the property by 75. He said the project will generate 18.75 students which the district feels is significant. Discussion continued regarding figures used in calculating generating impact numbers. Responding to a question! by Commissioner Marino, Mr. Hartsell said the figure of $15,510 per student is full mitigation. When the lots are developed they would also be subject to repaying the bonds approved locally. He said the district has looked into the formation~ of a Mello-Roos district which expressly permits taxpayers in the district to have their general obligation bonds capped off at the time the district, is created. Discussion continued between Mr. Hartsell and Commissioner Rosenlieb regarding Cost of school construction. Commissioner Powers felt' the school district is trying to mitigate a current problem and is n°t taking into account bonds that are out and the fact that -student enrollment may decline. Mr. Hartsell cited the report saying it outlines the need if no additional building permits are issued. He said the district is only looking for mitigati°n for that portion of this buildout project that is in excess. Re.~ponding to a question by Commissioner Cohn, Mr. Hartsell explained the cohort surVival method saying it makes a projection for the state. Roger Mclntosh represented the owner of subject property. He requested that this application be subjected to a local traffic fee of $750 per acre. Mr. Kloepper stated it could not. Mr. McIntosh stated his agreement with memos received. Mr. Kloepper suggested an additional condition be added to their July 2, 1992 memo as follows: "With the first development within the project area, the developer shall prepare a master circulation plan for the entire project area reflecting adjacent development and providing access to Buena Vista Road from the residential portion of the project subject to approval by the director of Public WorkS." Responding to the letter from the Kern High School District, Mr. McIntosh stated he hoped the argument would be dismissed since the letter was submitted at such a late date. He said mitigation is only being asked for on those units in Minutes, PC, 7/2/92 Page 13 excess of what is currently allowed. He said the R-2 area contains 11.8 acres. The current 20i0 General Plan allows 182 dwelling units within this R-2 zone.. The limitation brought about by the R-2 portion of 175 causes a reduction in the number allowed, which he felt should be considered as a mitigation measure. He -cited Section-21083.3 of CEQA saying this project is exempt from CEQA. Quoting the section he' said this area was certified under the 2010 Plan and is therefore an-exempt project. He therefore felt a finding could be made to this effect. Public portion of the hearing was closed. Chairman read staff's recommendation. Responding to a request by Commissioner Cohn, Ms. Marino said it was her opinion this is not an exempt project. Commissioner Andrew asked if 182 units could be placed on the propertY under the current zoning. Mr. HardistY said this evaluation was based on the general plan designation. Commissioner Andrew felt the zone is being changed allowing for a reduction in units and did not feel he would support an EIR if this application is causing a reduction. Responding to a question by Commissioner Marino, Ms. Marino, City Attorney's representative said courts have held that development projects cited under State law are non-legislative projects being subdivisions and not zone changes or general plan amendments. When zone changes and general plan amendments are reviewed, if substantial evidence is received the commission is required to look into them by way of EIR or mitigate the impacts. Commissioner Marino asked if the existing fees could be viewed as the developer's portion of mitigation in conjunction with all other fees available to the districts. Ms. Marino said evidence would have to substantiate this decision. Responding to a question by Commissioner Powers, Ms. Marino said things being proposed as impacts would have to be considered to be less than significant. Mr. Hartsell said because there will be more residences on this property after it is zoned than before, the district feels this causes a significant impact. Mr. Hardisty said the issue is that additional units will be generated, not less. Minutes, PC, 7/2/92 ' Page 14 ResPonding to a question by Commissioner Marino, Mr. Hardisty said density averaging could be allowed across the entire site if the 25 acres were developed with 'an optional design subdivision. RespOnding to a question by Commissioner Rosenlieb, Mr. McIntosh stated he would not agree with change of conditions which would allow for a six-foot block wall between the C,2 and railroad site. -Motion was made by Commissioner Marino, seconded by Commissioner Andrew tO DENY the R-3 zoning due to the general plan inconsistency with regard to buildout density, to make findings set forth in the staff report with the additional finding that the impacts of this project may reduce the available number of dwelling units and therefore reduce the impact on the school district, make the finding that any impacts are less than significant and APPROVE the zone change to C-2 and R-2 in the configuration requested subject to the conditions in the attached Exhibit "A" and ~Fire Safety Control conditions dated June 30, 1992, pertaining to the gas pipeline which crosses the project site and recommend adoption of same to City Council and incorporate the changes in conditions on the July 2, 1992, memo from the Public Works Department with the addition of Condition No. 12 which shall read: "With the first development within the project area, the developer shall prepare a maSter circulation plan for the entire project area reflecting - adjacent development and providing access to Buena Vista Road from the residential portion of the project subject to the approval of the Director of Public Works," .~ Mr. Kl°epper asked that/he motion include Public Work's memo of June 26, 1992. He stated'that the July 2 memo was basically modifying the June 26 memo. Commissi°ner Marino stated that his motion include the conditions of approval on the June 26 memo from Public Works, the revised memo of July 2 from Public Works which does not revise all the conditions from June 26, the addition of Condition 12 as read and the changes recommended by the Planning Director in his July 2, 1992, memo. ~ Commissioner Rosenlieb clarified that there is a pOtential that this project would have fewer units than currently zoned.. Commissioner Marino stated that he is making the finding .that the impacts of the project may be reduced and the bottom line of those findings is that the impacts to the school districts are less than significant. Mr. Hardisty stated that the actual-finding has to be that the impacts would be less than significant. Minutes, PC, 7/2/92 Page 15 Commissioner Marino stated that the finding is that' impacts to school districts are 'less than significant. Motion carried by the following Roll call vote: AYES: Commissioner Andrew, Frapwell, Marino, Rosenlieb, Powers NOES: Commissioner Messner ABSTAINED: Commissioner Cohn Responding to a question by Commissioner Frapwell said he would like to see a consensus on the school impact fee accelerated. Mr. Anderson said he would prefer to'address this issue under Commission Comments. · *7-minute break was taken at this time. 9.2) FILE 5341 -- PUBLIC HEARING ON AN 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 SOUTH OF PALM AVENUE APPROXIMATELY 600 FEET EAST OF JEWETTA AVENUE. Staff report was given. Steve Hartsell represented the Rosedale School District stating they had SUbmitted a letter to the ~ Commission regarding this action. He felt the addition of 14 single family dwellings would be generated from this action. The letter indicated this Would generate 9 students which would not be mitigated by current school facility fees. He said 9 students would add to the cumulative impact. John-Kind represented Carriage Homes. He said 12 homes would be the correct amount generated by this project. He said the major por-tion of the rezoning approved on May 21, 1992, contains a stipulation which states they must work out mitigation requirements with the school district and felt this is part of the same area. Public portion of the hearing was closed. Commissioner Messner cited information contained in the memo from legal staff regarding cumulative impacts saying he could not support it. Minutes, PC, .7/2/92 Page 16 Responding to a question by Chairman Anderson, regarding comments in the memo Concerning cumu~lative impacts, Mr. Sherfy said he is not aware of any cases which specifically deals with these impacts with regard to school fees. However the law directs itself to cumulative impacts in general and how they relate to environmental effects. Mr. Sherfy clarified chairman Anderson's comments regarding the requirement of an EIR saying eXperts may disagree, however the evidence must be weighed. Chairman Anderson said he would like to see some type of census prepared on the part of the school di§trict which would be in a format acceptable to the City. Mr. Hartsell Said the evidence is provided by the Rosedale School District. He said the district feels that this letter provides the commisSion with the information needed to determine that there is a significant impact. Mr. Hartsell recommenffed that the applicant be questioned regarding his amenability of mitigation measures being imposed on only the 12 additional homes. Chairman Anderson said it has been suggested that the figures being used for local impact are different than those being reported to the State. He said the state forms are not driven by the reality of the situation but by cohort generation factors based-. On past experience. The District cannot afford to base its need on what the State will allow. Mr. Hardisty said a condition was placed on a map which covers a part of the property as fOllows: "Prior to recordation of any final map for the project site the subdivider, shall enter into an agreement to either dedicate sufficient land to Rosedale Union School District or pay proportional share of in-lieu fees to mitigate this developmenfs impact upon the educational facilities serving the area," saying if the agreement so stipulates the fee may be paid at the time of building permit for each-residence. Responding to a question by Commissioner Powers, Mr. Kind said he would agree to the addition of a-condition which requires them to reach an agreement with the school district prior to recordation of the final map or would be willing to continue this issue. Motion was made by Commissioner Powers, seconded by Commissioner Cohn to continue this item to the regular meeting of August 6, 1992. Responding to a question by Chairman Anderson, Mr. Hartsell said the total of bonds is approximately $2 ,million which will not cover the cost of impacts caused by the residences. He said the intent of the report is that it say that the bonds are committed to ~trying to ~help mitigate existing overcrowding problems. MinUtes, PC, 7/2/92 10. Page 17 Commissioner Andrew asked if because of continuancemitigation could be restricted to Rosedale School District only. Mr. Hardisty stated the high school district cannot be foreclosed to commenting on this until after action is taken, even then they can comment in the way of appeal to the City Council. Motion for continuance carried. COMMITTEE ASSIGNMENTS BY CHAIRMAN Committee assignments were'submitted to the Commission. Chairman Anderson said he would be continuing as a member of the school task force committee. Commissioner Marino said the Trails and Ways Committee is interested in interfacing with the County to form a technical advisory committee to develop a multi-use trails plan for the West Rosedale Specific Plan. He requested that he be assigned to the technical advisory committee with Commissioners Messner and ~Powers as alternate.. Responding to a question by Chairman Anderson, Mr. Hardisty concurred with a need for commission ~to be involved in this committee saying it is a significant portion of the City's planning area and the city should be involved. Commissioner Messner informed Commissioner Marino of issues and meetings coming up for the trails Committee. Chairman Anderson assigned Commissioner Marino, Chairman of Trails and Ways Committee. as appointee to the County's Technical Advisory Committee for the purpose of developing recommendations on multi-use trails, with Commissioners Powers and Messner serving as alternates. 11. COMMUNICATIONS A) Written Petition from Rio~ Bravo Fairway Homeowners Association and property owners Mr. Hardisty stated this petition objects to R-2 property. Minutes, PC, 7/2/92 Page 18 Mr. Movius gave a summary of this correspondence saying the petitioners are objecting to R-2 zoning on their property and surrounding vacant R-2 zonings. They cited the potential for decrease in property values as their reason for objection. He also cited a letter from Porter-Robertson representing the owner of the property stating they do not wish a rezone of their property at this time. Responding to a question by Commissioner Powers, Mr. Movius said the property owned by those objecting may have the possibility of being rezoned to R-L B) Mr. Hardisty outlined the options of this item being receiving and filing, reftrring to staff for report back to commission as an agenda item with a recommendation or referral to committee. Chairman Anderson recognized Mr. Ron Friday who spoke on this issue saying he is a member of board of directors of Rio Bravo Homeowners Association. He stated the homeowner's concerns being the cutting off of view. He felt the developer would probably not build condominiums on subject property but would like some assurance as to this. Commissioner Rosenlieb said she would like to see the Commission do nothing more than~ receive and file this item. Verbal Alteration of Kern River Freeway Specific Plan Line Mr. Hardisty said ithe Board of Supervisors adopted an alignment which runs northerly of the Cross Valley Canal, adjacent to and north of it, which is different than the alignment adopted earlier by the City. He said a public hearing will be scheduled in the future for the Planning Commission to consider the same alignment. Commissioner Marino asked for a copy of' the map showing alignment approved by the Board of Supervisors. Responding to a question by Commissioner Marino, Mr. Kloepper said the portion of alignment that crosses the recharge area has been referred to County staff to work with the City to collect additional information on alternatives to be brought back to the Board. Minutes, PC, 7/2/92 Page 19 12. COMMISSION COMMENTS Commissioner Rosenlieb felt possibly an environmental document may be prepared for the 2010 Plan with a focused EIR through that document. Mr. Hardisty said the'resolution of a negotiated fee has not been reached as was hoped. Commissioner ROsenlieb stated her high level of frustration with this issue. Commissioner Marino stated his frustration with this issue no~ being resolved in the 11 months that it has: been discussed. Mr.' Hardisty outlined the issues regarding an EIR which may have to take into account the issue of funding it. Chairman Anderson saidithe committee tried to reduce costs of construction and operation of schools. He said it is not possible to get around the rules and regulations of the State offices. The committee looked at the issue of consolidation of districts and year-round education. He felt the blue-ribbon committee needs to be suspended with the information being taken back to the general committee and disseminated in a broader form with a presentation of facts and a recommendation. He felt ultimately a focused EIR should be looked at to determine costs. Mr. Hartsell said the districts do not agree on the value of year-round education. He said questions need to be answered regarding the impact on affordable housing, the effect and cost to the community of not providing adequate schools would be. He said if an impact fee is not imposed on new development the cost is being borne elsewhere. The tension at this time is deciding who will pay the cost. He said he felt .the need for an explanation as to the reason why school 'impacts. cannot be fully mitigated. Chairman Anderson said an explanation applies to both sides of the situation. Commissioner Marino said the commission is required to address a specific project as it impaet~.the closest school site under CEQA. He felt that the school district fails to take other measures of funding into consideration such as Mello- Roos districts and bonds. He felt uncomfortable that the City could be held financially liable with respect to a lawsuit on either side of the issue. 'Mr. Hardisty felt the commission is getting into an area of debate. Discussion continued regarding the language of the planning commission by-laws. Regarding conflicting on an item, Commissioner Anderson asked that the commission be consistent .regarding conflicts as it relates to leaving their seats or remaining seated. Minutes, PC, 7/2/92 Page 20 13. Mr. Hardisty said it is not a legal requirement that the commissioner leave their seats, however it has been protocol that the person with a conflict do so. Chairman Anderson said he would like to see some consistency in this area. Commissioner Frapwell said it would make it easier for him as alternate to know which item he will be acting on. Commissioner Rosenlieb said she would prefer that those members conflicting physically leave their seats. Chairman Anderson said this item could be brought up at the next pre-meeting in order to reach an agreement. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 10:20 p.m. Laurie Davis Recording Secretary ~n~ Director ~