HomeMy WebLinkAbout07/20/95MINUTES OF THE REGULAR MEETING
OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Held Thursday, July 20, 1995, 5:30 p.m., City Council Chamber, City Hall, 1501 Tmxtun
Avenue, Bakersfield, California.
1. ROLL CALL
COMMISSIONERS:
Present:
JEFF ANDREW, Chairperson
DOUG DELGADO, Vice-Chairperson
STEPHEN BOYLE
MATHEW BRADY
KENNETH HERSH
ROBERT ORTIZ
WADE TAVORN
MICHAEL DHANENS Alternate
ADVISORY MEMBERS: Present:
LAURA MARINO, Assistant City
Attorney
JACK LaROCHELLE, Engineer IV
DENNIS FIDLER, Building Director
STAFF: Present:
STANLEY GRADY, Planning Director
JIM MOVIUS, Principal Planner
MARC GAUTHIER, Principal Planner
JIM EGGERT, Principal Planner
JENNIE ENG, 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.
3. CONSENT AGENDA ITEMS
None
Minutes, PC, 7/20/95
Page 2
DETERMINATION OF ADEQUATE ACCESS FOR PARCEL MAP WAIVER 9-
95 GENERALLY LOCATED SOUTH OF THE KERN RIVER, WEST OF RUBY
LANE, NORTH OF GEORGIA AVENUE AND EAST OF MANOR STREET
Staff report recommending approval was given.
Motion was made by Commissioner Hersh, seconded by Commissioner Brady to find
that the use of the proposed 20-foot private driveway easement (Proposal #2) from
Ruby Lane across Parcel B is adequate for the purpose of providing access to Parcel
A of Parcel Map Waiver No. 9-95 in accordance with Sections 16.28.190 and
17.04.370 of the Municipal Code. Motion carried.
PUBLIC HEARING - TENTATIVE PARCEL MAP 10191
Staff report recommending approval was given.
Public portion of the hearing was opened; no one spoke in opposition or in favor.
Carl Moreland represented the applicant. He gave a history of this site. He
requested modifications as follows:
Condition #1.1 addition of "the south half of' after the word "improve"
Condition # 1.1.5 addition of the wording "except for parcel 2 as a non-buildable
parcel" after the wording "sanitary sewer"
Condition #1.1.8 - amendment to read as follows:
The limits of construction for phase 1 (parcels 1, 2 and 3) shall be from the west end
of phase 1 to the east end of phase 1. The segment from the east boundary of phase
1 of Parcel Map 10191, Phase 1 shall consist of 32 feet of pavement with 5 feet of
graded shoulders. The limits of construction for Phase 2, Parcel 4 will be from the
west boundary of Phase 2 to the east boundary of Phase 2. Auburn Street
improvements may be constructed from the approved street improvement plans for
Conditional Use Permit #5578.
Mr. LaRochelle stated his agreement with changes to Conditions #1.1 and 1.1.5.
Regarding proposed change to Condition #1.1.8 he said by omitting the curb and
gutter portion, when it is placed at a later date the road has to be saw cut with a 2"
tie-in put in place. He stated his agreement to deferring the sidewalk construction to
the time of further building permit. He stated regarding utilities that the city would
want them under the pavement as much as possible, however he would be willing to
look at this so long as provisions could be made for future utilities without having to
tear up the new pavement.
1
Minutes, PC, 7/20/95
Page 3
Mr. Moreland responded to question by Commissioner Delgado saying they are only
requesting deferral of sidewalks, street lighting and underground public utilities.
Regarding request for deferral of street light at the intersection of Morning Drive
Mr. LaRochelle said he could allow deferral of a street light at the frontage of parcel
4.
Mr. LaRochelle outlined proposed changes as follows:
The subdivider shall
1.1 improve the south 1/2 of Auburn Street with the first phase of the map to
collector standards, including but not limited to, construction or installation of
1.1.1 street paving;
1.1.2 curbs & gutter;
1.1.3 sidewalk excluding that portion in front of parcel 4;
1.1.4 street lights excluding portion in front of phase 2, (parcel 4);
1.1.5 sanitary sewer connections for each parcel created except parcel 2 as an
un-buildable parcel;
1.1.6 drain lines and structures necessary (either within or adjacent to the
street or highway or on-site) to the use and proper drainage of the
street;
1.1.7 a water system to serve each parcel with mains of sufficient size to
furnish potable domestic water and to provide adequate fire protection
for the ultimate development; and
1.1.8 gas, electrical, telephone, and Cable TV services to each parcel except
parcel 4, (phase 2).
The limits of construction shall be from the west boundary of the tentative
parcel map easterly to connect with Morning Drive. The segment from the
east boundary of the tentative parcel map to Morning Drive shall consist of 32
feet of pavement with 5 feet wide graded shoulders.
Responding to qUestion by Commissioner Brady, Mr. LaRochelle said future
improvements can be required at building permit or site plan review stage.
Mr. Moreland asked that changes be made to Condition #4.1 to read as follows:
4.1
the subdivider shall provide dedication for the South 1/2 portion of
Auburn Street adjacent to parcels 3, 4, and the segment to Morning
Drive.
Mr. LaRochelle stated agreement with additional language.
Minutes, PC, 7/20/95
Page 4
Responding to question by Commissioner Boyle, Mr. LaRochelle said a street light
could be required between Morning Drive and Auburn Street.
Mr. Moreland asked that Condition #4.2.2 be amended adding to the following
wording. "These plans may be furnished with previous conditional use permits."
LaRochelle felt this could be accomplished without this wording.
Mr.
Mr. Moreland asked concerning Condition #5 that the words "if applicable" be added
at the end of the sentence because of the fact this will be a senior housing project.
Mr. Grady said this is unnecessary because his objective will be accomplished without
this wording.
Responding to question by Commissioner Brady, Mr. Grady said Councilman
McDermott asked that a workshop be conducted to discuss the application of
standard conditions.
Public portion of the hearing was closed.
Responding to question by Commissioner Boyle, Mr. Hernandez said any request for
waiver of parkland dedication fees would be handled separately. Mr. Moreland said
another traffic study would probably be necessary when parcel 4 develops.
Motion was made by Commissioner Boyle, seconded by Commissioner Hersh to
adopt resolution, approving and adopting the Negative Declaration, to make all
findings set forth in the staff report, and to approve Proposed Tentative Parcel Map
10191 subject to the conditions outlined in the Exhibit "A," subject to the following
amendments:
Addition of the memo of June 27, 1995 amending Condition #3 as follows:
Development generating more than 347 vehicular trip ends per day
shall require a new traffic study.
Addition of memo of July 19, 1995 changing Condition #1 with changes as
follows:
The subdivider shall
1.1 improve the south 1/2 of Auburn Street with the first phase of the map to
collector standards, including but not limited to, construction or installation of
1.1.1
1.1.2
1.1.3
street paving;
curbs & gutter;
sidewalk excluding portion in front of phase 2, (parcel 4);
6.1
Minutes, PC, 7/20/95
Page 5
1.1.4 street lights excluding portion in front of phase 2, (parcel 4);
1.1.5 sanitary sewer connections for each parcel created except parcel 2
which is a non-buildable parcel;
1.1.6 drain lines and structures necessary (either within or adjacent to the
street or highway or on-site) to the use and proper drainage of the
street;
1.1.7 a water system to serve each parcel with mains of sufficient size to
furnish potable domestic water and to provide adequate fire protection
for the ultimate development; and
1.1.8 gas, electrical, telephone, and Cable TV services to each parcel except
parcel 4, (phase 2).
The limits of construction shall be from the west boundary of the tentative
parcel map easterly to connect with Morning Drive. The segment from the
east boundary of the tentative parcel map to Morning Drive shall consist of 32
feet of pavement with 5 feet wide graded shoulders.
Commissioner Brady proposed amendment to add the following:
Amendment to condition #4.1 to read as follows:
the subdivider shall provide dedication for the south 1/2 portion of Auburn Street
adjacent to parcels 3, 4 and the segment to Morning Drive.
Commissioner Boyle accepted the amendment, Commissioner Hersh seconded it.
Motion carried. Chairman Andrew was absent.
GENERAL PLAN CONSISTENCY FINDING - FIRE STATION NO. 13,
LOCATED AT 6915 STINE ROAD
Staff report recommending approval was given.
Responding to question by Commissioner Boyle, Ms. Eng said the existing tract on
the west side of Stine has a local street along the southern edge of the existing fire
station with the exchange of land Riverton Street will no longer exist.
Motion was made by Commissioner Boyle, seconded by Commissioner Hersh to
make a finding pursuant to Government Code Section 65402, that the proposed
exchange of City property is consistent with the Metropolitan Bakersfield 2010
General Plan. Motion carried.
6.2
Minutes, PC, 7/20/95 Page 6
GENERAL PLAN CONSISTENCY FINDING - NORTHEAST CORNER OF
6.3
6.4
RELOCATED BRIMHALL ROAD AT CALLOWAY DRIVE
Staff report recommending approval was given.
Motion was made by Commissioner Delgado, seconded by Commissioner Brady
pursuant to Government Code Section 65402 to find the proposed sale of three
unnecessary parcels of fee property on the relocated northeast corner of Brimhall
Road at Calloway Drive consistent with the Metropolitan Bakersfield 2010 General
Plan. Motion carried.
GENERAL PLAN CONSISTENCY FINDING - SECTION 4, T.31S., R.28E.
Staff report recommending approval was given.
Motion was made by Commissioner Delgado, seconded by Commissioner Ortiz
pursuant to Government Code Section 65402 to find the proposed sale of 25-foot and
40-foot strips of land in Section 4, T31S., R28E., M.D.M. with reservation of a future
street easement on the midsection line consistent with the Metropolitan Bakersfield
2010 General Plan (subject to the condition listed in the staff report). Motion
carried.
GENERAL PLAN cONsISTENCY FINDING - TRANSFER OF THE
BAKERSFIELD SENIOR CENTER AND STORAGE YARD TO THE NON-
PROFIT CORPORATION CURRENTLY LEASING THE SITE
Staff report recommending approval was given.
Responding to questions by Commissioner Andrew, Mr. Grady said the city currently
owns the property and is receiving nominal rent from the lessee.
Motion was made by Commissioner Delgado, seconded by Commissioner Ortiz
pursuant to Government Code Section 65402 to find the proposed transfer of this
property to Bakersfield Senior Center, Inc. is consistent with the Metropolitan
Bakersfield 20~0 General Plan. Motion carried.
Minutes, PC, 7/20/95 Page 7
7. WORKSHOP - DRAFT SPECIFIC TRAILS PLAN AND PROPOSED NEGATIVE
DECLARATION
Staff report was given.
Arthur Unger represented the Kern-Kaweah Chapter of the Sierra Club. He was
concerned about preservation of the riparian habitat and the fact that this concern is
not listed in the document. Concerning the term "farther" on Page 2-6, under
Segment 2.1.d. he asked if this meant that the trail could be right on the water. He
felt the trail should be as far from water as an easement allows unless there is a
natural danger, barrier or a large expense connected with it. He asked that the city
engineer find ways to eliminate erosion problems such as planting and slopes~
Regarding the comment about removal of overgrown trees he felt since this is a
natural setting plants should be allowed to grow unless they become dangerous.
Chapter 5, Page 2 regarding the comment that the river access trail would be 10 feet
wide he hoped this was referring to easement and not a mowed area. He asked that
whenever vegetation or plantings are mentioned in the document the words "locally
native" be placed in front of it. He felt the tread width in the access trail should be a
maximum of 3 feet and that the city is in great danger of destroying the resource in
order to access it. Regarding bike lane on Alfred Harrell Highway he felt in the
future it could not safely be classified as a Class II it would have to have a Class I
buffer from the highway. He asked that emergency telephones be installed.
Suzanne Icardo spoke stating she is a resident of the Rio Bravo Country Club
development. She read a letter into the record that she and other residents of Rio
Bravo and people who own and board horses in the Rio Bravo equestrian center had
composed. The letter is on file.
Carolyn Belli represented Kern Equestrians for the Preservation of Trails. She said
her organization had reviewed the document and found it to be very workable. She
said it was consistent with agreements made in the past, the Kern River Parkway
Plan and plans they are currently working on with the county to connect the trails to
continue back toward town. She clarified their feeling about the use of the term
"multi-use" trail being its connection with funding not otherwise available, nexus
between developer fees and usage and removal of feelings of exclusive ownership by
any specific group. She felt signs could be placed on the trails to designate primary
use. Where trails must be together she felt rail fencing could safely separate them.
Jim Nickel spoke stating he had submitted two letters to the Commission. He said
there were inconsistencies in the draft that need to be cleared up in order for it to be
consistent with his agreement with the city council. He cited the statement in the
plan which says "compliance with provisions of the subdivision map act and general
plan shall be in addition to and separate from the requirements to provide dedication
improvement of multi-use trails and support facilities herein." saying this is wide
Minutes, PC, 7/20/95
Page 8
open. He cited an agreement with the city wherein offer of dedication would be
accepted upon further subdivision of the property and not upon further development
saying he would insist on this. He felt the trails should be restricted to certain use.
If he has to put a multi-use trail where an equestrian trail was planned it would be
quite expensive. He was also concerned about the drawings depicting locations of
trails saying it needs to be more precise than it is currently.
Candace Moss spoke citing her concerns about increased crime and safety hazards
connected with combining uses.
Responding to question by Commissioner Hersh, Mr. Movius agreed that the
locations for trails are not surveyed locations.
Commissioner Hersh' stated his concern over safety hazards of combining uses stating
his feeling that the trails should be divided.
Responding to questions by Commissioner Boyle, Mr. Movius said the intent at this
point is not to actively enforce keeping horses off of the river access trail, however it
is ~not a preferable equestrian trail because of the width and clearance for vegetation.
Three months ago when the city spoke to the county regarding this issue they had no
plans to place trails on the north side of the river.
Responding to question by Commissioner Boyle, Mr. Movius said there are plans for
using the design standard that was used in the Rosedale area of having a paved trail
on one side of the road and an unpaved trail on the other. Where they come
together they would be separated by a rail fence.
Commissioner Boyle stated his concern regarding the requirement in the plan for
people to cross a busy intersection with no traffic control.
Responding to question by Commissioner Andrew, Mr. Movius said the dedication is
tied to the recordation of a map therefore if a person chose to build something like a
barn on their property trail dedication would not be necessary.
Responding to questions by Commissioner Andrew, Mr. Movius said he would have
to contact CalTrans concerning the comment in their letter about encroachments on
Highway 178. Staff is checking on standards for the surfacing of the unpaved trail.
Any increase in fees for cost of the trails would be something that would have to
come back before the City Council with justification for change in fees. It would go
through a hearing process.
o
Minutes, PC, 7/20/95
Page 9
Commissioner Brady stated his concerns regarding users becoming territorial and
about safety as it relates to mixing uses. He stated his feeling that the community as
a whole should pay for construction of the trails, asking how it was determined what
properties were assessed. Mr. Movius responded that staff's recommendation at this
time is for a maintenance district for that area then as trails are constructed the
possibility exists of combining maintenance districts along the river. However this is
an issue which will ultimately be decided by the City Council.
Commissioner Brady expressed concern that the city not require people already living
in the area to pay for parking facilities. He compared this to a park which would
serve a specific community saying this would serve the entire community and the
costs should be borne by the entire community.
Motion was made by Commissioner Delgado, seconded by Commissioner Ortiz to
refer all comments to staff for responses and direct staff to prepare a final Specific
Trails Plan and implementing ordinances and resolutions, as needed, for an
advertised public hearing to be set for a future date.
Mr. Grady said for those who submitted comments they would receive responses to
their questions and comments by staff.
Chairman Andrew turned the chair over to Commissioner Delgado.
RESOLUTION AMENDING PLANNING COMMISSION BY-LAWS
Mr. Grady gave report on this item saying it was basically a clean up which clarifies
that the Planning Director would be signing resolutions which currently are being
signed by the chairman and/or p!anning director. There is language that removes site
plan reviews that are no longer conducted and other similar clean up items.
Motion was made by Commissioner Hersh, seconded by Commissioner Ortiz to
adopt Resolution amending Planning Commission by-laws. Motion carried by the
following roll call vote:
AYES:
Commissioners Boyle, Brady, Dhanens, Hersh, Ortiz, Tavorn,
Delgado
NOES: None
ABSENT: Commissioner Andrew
Minutes, PC, 7/20/95
9. COMMUNICATIONS
A) Written
None
Page 10
10.
11.
B) Verbal
None
COMMISSION COMMENTS
A. Committees
Responding to question by Commissioner Hersh, Mr. Grady said the sign
committee had suspended its meetings until after a workshop which should be
conducted before the Commission early August or September.
Responding to question by Commissioner Brady, Mr. Grady said the
commission committee that would need to meet with the Urban Development
Committee would have to be formed since the previous committee had been
terminated. Commissioner Brady requested that those commissioners that
were on the previous committee from which the ordinance originated be
appointed to the Planning Commission committee to meet with the Urban
Development Committee. Mr. Hardisty said he was not yet aware of the date
for this meeting.
Commissioner Delgado appointed Commissioners Boyle, Brady and Hersh to
this committee to meet with the Urban Development Committee regarding the
small lot issue. Mr. Hardisty said the committee members would be notified
as soon as the date is set.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF
THE NEXT PRE-MEETING.
Motion was made by Commissioner Hersh, seconded by Commissioner Brady to
cancel the Monday pre-meeting of July 31, 1995. Motion carried.
Minutes, PC, 7/20/95
Page 11
12.
ADJOURNMENT
There being no further business to come before the Commission, meeting was
adjourned at 7:43 p.m.
Laurie Davis
Recording Secretary
Planning Director