HomeMy WebLinkAbout06/02/94MINUTES OF THE REGULAR MEETING
OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Held Thursday, June 2, 1994, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun
Avenue, Bakersfield, California.
ROLL CALL
COMMISSIONERS:
Present:
JEFF ANDRETM, Vice Chairperson
MATHEW BRADY
STEPHEN BOYLE
DOUG DELGADO
KENNETH HERSH
JIM MARINO
DARREN POWERS, Alternate
Absent:
STEVE MESSNER ·
ADVISORY MEMBERS: Present:
STAFF: Present:
LAURA MARINO, Assistant City
Attorney
FRED KLOEPPER, Assistant Public
Works Director
DENNIS FIDLER, Building Director
JACK HARDISTY, Planning Director
JIM MOVIUS, Principal Planner
MARC GAUTHIER, PrinciPal Planner
MIKE LEE, Associate Planner
LAURIE DAVIS, Recording Secretary
2. PUBLIC STATEMENTS
No one made any public statements at this time.
*Commissioner Powers was seated.
o
Chairman read the notice of right to appeal as set forth on the agenda.
CONSENT AGENDA ITEMS
None
Minutes, PC, 6/2/94
Page 2
REVISED COMPREHENSIVE SIGN PLAN #4-94 (HOME BASE -
MILAZZO & ASSOCIATES)
Commissioners Brady and Boyle abstained because of conflicts of interest due to
the fact that a client of their law firm owns subject property.
Chairman Andrew said he missed the Monday meeting, however he had listened
to the tape.
David Milazzo represented the applicant of the project. He said they requested a
change to a previously approved comprehensive sign plan. He said the freeway
sign would provide identity for the two small pads on Panama Lane and would
not be used for the entire center. Regarding the two pylon signs he said the staff
report recommends they become two-pole pylon signs taking on the architectural
feature of the entrance signage. He asked that the original single pole sign be
approved. Regarding the recommendation that one monument sign on Colony
Avenue be removed he said the ordinance provides that 4 monument signs be
allowed on a street frontage and in this particular location there would only be 2.
The ordinance provides that they be no closer than 50 feet apart and they are 175
feet apart. The purpose of.the two monument signs is not redundant signage.
He asked for approval of both monument signs to be restricted to small tenant
use.
Responding to question by Commissioner Marino, Mr. Milazzo Said the rear
building on the right side is about 135,000 square feet and would have a large
wall-mounted sign, 250 square feet to serve the major tenant.
Responding to question by Commissioner Delgado, Mr. Hardisty said HomeBase
could not have a pylon sign because freeway oriented signage is only for
identification of businesses which serve the motoring public such as restaurants,
service stations, hotels, etc. Commissioner Delgado said he would like to see a
continuation of the architectural features as they relate to the signage.
Responding to question by Commissioner Powers, Mr. Milazzo indicated that if
the smaller tenants do not occupy building "B" the monument signs would not be
constrUcted.
Commissioner Hersh agreed with comments made with regard to the concept of
pylon signs on the freeway so that passers-by can notice quickly those services to
be provided to the motoring public.
Commissioner Andrew did not feel with the amount of buildable area that there
was a need for signage. Regarding the architectural features he was in favor of it.
Minutes, PC, 6/2/94
Page 3
Motion was made by Commissioner Marino, seconded by Commissioner Powers
to make findings set forth~ in staff report and approve Revised Comprehensive
Sign Plan 4-94 subject to conditions outlined in the June 2, 1994 staff report, with
the following changes:
The freeway oriented pylon sign will not be required to carry On the
architectural feature of HomeBase.
To allow two monument signs on Colony Street.
Motion carried.
5.1 PUBLIC HEARING - TENTATIVE TRACT 5697
Commissioner Andrew abstained because of a conflict of interest in that he was
involved in the sale of property to the owner.
Commissioner Marino chaired the hearing.
Staff report recOmmending approval was given. Mr. Lee said confirmation of the
recommendation was received from the applicant.
Public portion of the hearing was opened; no one spoke in favor or opposition.
Bruce Anderson represented the owner. He stated concurrence with conditions
of approval.
Public portion of the hearing was closed.
Motion was made by COmmissioner Hersh, seconded by Commissioner Delgado
to make all findings set forth in the staff report, and to approve Proposed
Tentative Tract 5697 subject to the conditions outlined in the Exhibit "A."
Motion carried.
5.2 PUBLIC HEARING - TENTATIVE TRACT 5768
Commissioner Andrew abstained because of a conflict of interest in that he is
marketing properties in the area.
Staff report recommending approval was given.
Public portion of the hearing was opened; no one spoke in opposition or in favor.
Minutes, PC, 6/2/94 Page 4
Frank Slinkard represented the applicant, stating concurrence with conditions and
the revision of Public Works Condition #1. Mr. Kloepper stated this was
reflected in a memo from Public Works dated May 26, 1994, which he requested
be made a part.of the exhibit "A" conditions.
'Public portion of the hearing was closed.
Responding to question by Commissioner Hersh, Ms. Thompson said the closest
shallow production of oil was probably Fruitvale which is six miles away. There
was no potential for drilling on subject property.
Motion was made by Commissioner Hersh, seconded by Commissioner Delgado
to make all findings set forth in the staff report, and to approve Proposed
Tentative Tract Map. 5768 subject to the conditions outlined in the Exhibit "A,"
and approve the modification to allow a 230-foot lot depth for Lot 27, Phase 1,
with the inclusion of Public Works memo dated May 26, 1994 and inclusion of the
findings from the May 12, 1994 memo concerning mineral rights owners as
follows:
l&2
13.
14.
Motion carried.
abstained.
The required written notice to all mineral rights owners and mineral
lessees of record has been given by the applicant. (Bakersfield
Municipal code Section 16.20.060 B(4).
The applicant has presented competent, technical evidence that the
production of minerals from beneath the subdivision is improbable.
(BMC 16.20.060 B(4))
Commissioner Andrew was absent. Commissioner Powers
PUBLIC HEARING - ZONE CHANGE #5569 AND TENTATIVE TRACT
5673 (OPTIONAL DESIGN - PHASED)
Public portion of the hearing was opened.
Jill Kleiss spoke representing the Southwest Community Action Committee. She
addressed Tentative Tract 5673 saying the applicant wants to avoid abiding by the
recent change in the amenity ordinance that the Commission apprOVed. They are
asking to eliminate the amenities and are offering nothing in return. She asked
that the Commission follow staff's recommendation. She asked why the parks and
off-street parking were offered if they were not going to be provided. She felt in
order to ensure managed growth in the future, consistency must be provided
today.
Minutes, PC, 6/2/94
Page 5
· Roger McIntosh represented the applicant. He stated the general plan
designation of this site is low density and high to medium density residential
which requires a density of 7.26 to 17.42 dwelling units per net acre. He cited
comments of the staff report regarding provision of off-street parking for
compensation for the reduced setbacks and street width. He said the same
setbacks are being propoSed as for Tract 5617 and Tract 5649. The off-street
parking in Phase 1 of Tract 5617 are being used more for storage than for guest
parking and haVe become a maintenance burden to the homeowners. They are
only asking for a reduction in street width standards on those streets which have
more than 300 trips per day. He quoted ordinance standards regarding distance
from carport or garage from property line saying it was not applied to the
previous PUD on this property because it was not in the form of an adopted
ordinance at the time of approval. He felt staff is confusing the PUD intent with
other ordinances, policies and standards meant to deal with typical residentially
zoned properties. The PUD zone allows for innovative planning techniques such
as the construction of several floor plans, staggering setbacks, reducing front yard
setback to 13 feet and constructing standard streets with narrower streetscapes.
He quoted the ordinance as it relates to the allowance of combinations of uses
and the fact that the PUD allows one family dwellings. He said the proposal
allows for diversification in relationship to lot size saying with Some of the area
designated as HMR and by developing 4,500 or greater square foot lots with
recreational facilities the density range of 7.26 to 17.42 cannot be met. The intent
of this application is to average the HMR and LR designations to come up with
7.87 dwelling units per acre. He felt the request satisfies the requirements of .
public health, safety and general welfare because standards of previous projects in
the area are being observed. Regarding the statement by staff that this project
could be developed using current standards so as not to become a monotonous
development, he felt this statement is irrelevant. The developer is proposing
several different floor plans with completely different elevations and varied
setbacks. Regarding staff's comment that there is no provision to compensate for
the reduced parking, he said the dex)eloper is providing two car garages in all
units and sufficient space is available for two cars to park in the driveway. The
developer has provided for 200 percent of the required parking spaces for single
family dwellings units with 2 bedrooms or more. He felt staff's interpretation of
amenities within a subject community are too limiting. This developer has
provided an amenity far in excess of what is required as a minimum recreational
facility in Silver Creek Park. He stated the findings which must be made and'
stated there would be no problem meeting them. He said if the plan is denied
the setbacks and street widths would remain the same and the burden of
additional maintenance costs would rest on the homeowners. He requested that
staff be directed to Submit conditions of approval to the commission for
consideration at the next hearing.
Public portion of the hearing was closed.
Minutes, PC, 6/2/94
Page 6
Responding to questions by Commissioner Brady, Mr. McIntosh said through
observation of parking relating to R-1 property they have found that people using
the additional parking spaces are using them for storage of vehicles. An
approximate cost of maintenance of the recreation facilities and parking lot is
$100 per month per'unit which is an association fee.
Responding to question by Commissioner Brady, Ms. Marino said the optional
design section of the ordinance is what requires amenities.
Mr. Kloepper responded to question by Commissioner Hersh saying it is up to the
discretion of the Commission to determine whether this development is
appropriate. If this determination is made he would agree to it. Commissioner
Hersh said he was concerned about this proposal because of the lack of amenity
to provide a break in the monotony of smaller streets, short driveways, small lots
and setbacks.
Roger McIntosh said they: agreed to stagger the setbacks on Phase 2 to every
third lot and he would be :willing to provide something similar on this request.
Commissioner Hersh said he wOuld like to see a breakup in communities with
amenities. -
Responding to questions by Commissioner Marino, Mr. Kloepper said a number
of opportunities exist with this map on side yard areas on corners leaving some
unencumbered areas which could be available for extra parking and could provide
roughly 125 spaces. This is a matter of subjectivety and whether the Commission
feels the parking is adequately provided for.
Commissioner Delgado recalled the original approval of this tract as being one
that would be unique, that would provide affordable housing, off-street parking
and additional amenities. He failed, to see that elimination of parking space and
community recreational facilities is innovative planning, stating he would support
staff's recommendation.
Responding to questions by Commissioner Andrew, Mr. McInt0sh said density
with the parking and recreational facilities falls just under 7.26 dwelling units per
acre required in the HMR designation. By taking out the recreational facilities
and adding lots in 'it can be brought up to about 7.87 to meet the designation. If
the recreational facilities were deleted and the parking lot were left it would come
close to meeting the densi,ty.
Minutes, PC, 6/2/94
Page 7
CommisSioner Powers said he would be in favor of allowing the elimination of the
recreational facilities because he felt a youngster would be more likely to use
Silver Creek Park. He said he would like to see the application approved,
however not delete the off-street parking. Commissioner Powers asked if off-
street parking existed in the A portion of the tract. Mr. McIntosh said there is
off-street parking in both phases.
Commissioner Brady felt those in this area would not use another facility because
such a nice facility is available. He said he was not in favor of eliminating the
off-street parking becauseI he felt it is used. He said he would support
Commissioner Marino's suggestion of approving this tract so long as the off-street
parking was not eliminated.
Responding to question by Commissioner Boyle, Mr. McIntosh gave background
On the project and said the innovation with this project is smaller lots and the use
of adjacent neighbors lots to provide "Z" lots, which provides an adjacent
easement to the neighbor~in the back yard and obtaining an easement from the
neighbor on the opposite side in the front yard. This creates a more useable yard
space on a smaller lot.
Commissioner Boyle complimented the applicant on the "Z" lot concept, however
said-he was concerned about elimination of the off-street parking and the park
within the tract, because younger children cannot make it to the larger park.
Mr. Mclntosh said he would be willing to work with staff to develOp some
reasonable off-site parking locations.
Commissioner Andrew said he felt this is a successful project and said he was in
favor of more larger parks than a lot of smaller ones which do not seem to be
used. -He said he was more comfortable eliminating the recreational amenities
because of the large existing amenity.
Commissioner Marino said he would prefer the parking spaces being clustered in
8 spaces.
Commissioner Hersh asked Mr. McIntosh if he would be agreeable to a
continuance and meeting with staff within this time. Mr. McIntosh said he would
like to be back at the next meeting and would like direction from the Commission
to staff.
Responding to questiOn by Chairman AndreTM, Mr. Hardisty said he did not feel
this could be back before the Commission within two weeks. Mr. McIntosh said
he would be willing to provide staff with his resources to bring about a
continuance for two weeks. Commissioner Hersh requested that the staggering of
Minutes, PC, 6/2/94
Page 8
front yard setbacks be incorporated into the future request; Mr. McIntosh said
this would be done. Mr. Hardisty said the item could be placed on the next
agenda, however the staff report would probably be delivered quite late. Mr.
McIntosh said he would be amenable to continuing this item to the first meeting
in July, stating he would waive the 50-day period for the Negative Declaration.
Motion was made by Commissioner Marino, seconded by Commissioner Hersh to
reopen the public hearing.
Commissioner Powers said he would not support the motion.
Motion to reopen the public hearing carried.
Motion was made by Commissioner Marino, seconded by Commissioner Hersh to
continue these items to the regular meetings of July 5, and July 7, 1994, directing
staff to bring back conditions of approval, keeping in mind the staggering of front
yard setbacks, and providing off-street parking spaces. Motion carried by the
following roll call vote:
AYES:
Commissioners Boyle, Brady, Hersh, Marino, Andrew
NOES:
Commissioners Delgad0, Powers
ABSENT:
Commissioner Messner
GENERAL PLAN CONSISTENCY FINDING FOR PROPOSED
ACQUISITION OF PROPERTY FROM RIVERLAKES RANCH INC., TO BE
DEVELOPED AS A WATER WELL SITE
This item was apprOVed at the meeting of May 31, 1994.
8. RIVERLAKES RANCH/UNIBELL SPECIFIC PLAN AMENDMENT 2-94
Commissioners Brady and' Boyle abstained because of conflicts of interest.
Staff report was waived because of request for continuance.
Responding to questions by Commissioner Delgado, Mr. Gauthier said an
application would be heard by the Commission in September which is a significant
change to the Riverlakes area. The applicant could provide some type of
overview of projects relating to this area.
Motion was made by Commissioner Powers, seconded by Commissioner Delgado
to continue this item to the regular meetings of July 5, and July 7, 1994. Motion
carried.
Minutes, PC, 6/2/94
Page 9
9. COMMUNICATIONS
A) Written
None
B) Verbal
Mr. Hardisty said regarding the discussion concerning the Planned Unit
Development's purposes and intent he would forward some examples of
innovative planning which have been used as the basis for justifying PUD's.
10.
COMMISSION COMMENTS
A. Committees
Chairman'Andrew Said the Sign Committee along with members of the,
real estate and development community met to discuss kiosk signs for
residential subdivisions and meetings have been scheduled for the third
wednesday of every month. The committee will try to develop an
ordinance from the next hearing.
Commissioner HerSh said the Subdivision Committee met and another
meeting would be held on June 7th.
11. ADJOURNMENT
There being no further business to come before the Commission, meeting was
adjourned at 7:45.
Laurie Davis
Recording Secretary
~ry~ r~anmng Ol~or