HomeMy WebLinkAbout06/15/95MINUTES OF THE REGULAR MEETING
OF THE
. PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Held Thursday, June 15, 1995, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun
Avenue, Bakersfield, California.
1. ROLL CALL
o
'3.
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
LAURIE DAVIS, Recording Secretary
PUBLIC STATEMENTS
No one made any public statements at this time.
Chairman read the notice of right to appeal as set forth on the agenda.
CONSENT AGENDA ITEMS
1. Agenda Item #5. - Tentative Tract 5808 (Phased)
Agenda Item #7. - General Plan Consistency Finding - located between
"H" Street and Eye Street.
Additional language was given to the Commission for Agenda Item #7 to reflect
the fact that a public utilities easement exists and that this item is categorically
exempt from CEQA.
Minutes, PC, 6/15/95
Page 2
Public portion of hearing was opened.
Chairman Andrew stated he had inadvertently stated a conflict of interest at the
. Monday meeting on agenda item #7 and he would participate on this item.
Commissioner Delgado stated he was not present at the Monday meeting,
however had listened to the tape and would be participating at this hearing.
Motion was made by Commissioner Hersh, seconded by Commissioner Brady to
approve consent agenda with additional language as previously stated by staff.
Motion carried.
4. APPROVAL OF MINUTES
Motion was made by Commissioner Brady, seconded by Commissioner Ortiz to
approve minutes of the regular meetings held April 20, May 1, and May 4, 1995.
Motion carried.
5. PUBLIC HEARING -- TENTATIVE TRACT 5808 (PHASED)
Approved as consent agenda item.
6.1
a&b
PUBLIC HEARING -- GENERAL PLAN AMENDMENTS 2-95, SEGMENT I
AND ZONE CHANGE #5633
6.5
a&b
PUBLIC HEARING -- GENERAL PLAN AMENDMENT 2-95, SEGMENT V
AND ZONE CHANGE #5634
6.6 PUBLIC HEARING -- GENERAL PLAN AMENDMENT 2-95, SEGMENT Vi
Motion was made by Commissioner Delgado, seconded by Commissioner Hersh
to hear Agenda Item #'s 6. la & b., 6.5a. & b., and 6.6 concurrently.
Staff report recommending approval was given.
Mr. Walker, Traffic Engineer asked that memos from the Public Works
Department dated June 15, 1995 be added for GPA Segment V and associated
zone change #5634 and a memo for Segment VI.
Public portion of the hearing was opened; no one spoke in opposition.
Minutes, PC, 6/15/95
Page 3
Jim Shuler spoke in favor stating he felt these amendments would benefit the
homeowners within this community. He stated he had signed petitions in favor of
these amendments.
Tim Collins felt with the elimination of R-2 and R-3 and change to R-1 the
integrity and value of their subdivision would remain high.
Cynthia Huge, 1300 Field Spring, said she is very pleased with the proposal. She
said this would literally happen in her backyard and she felt it would be a positive
thing for the community.
Jerold Congdon said he is a builder in this project saying he felt other builders
would support his comments. He commended the applicant for the time and
effort they have spent in amendments to this project and time spent informing
surrounding property owners and builders about their intentions.
Vernon Burke represented the applicant. He said this plan very effectively
addresses zoning, land use, school and recreational concerns while upholding the
values of the community. He submitted letters from Panama School District,
Stockdale High School and Kern High School District in support of this general
plan amendment. He read a letter into the record from a property owner
previously opposed to this project who is now in favor. He also submitted
petitions previously mentioned from Mr. Schuler. He asked for approval based
on his feeling that this plan is good for the neighborhood, support of the
residents, support from developers within the seven oaks community and support
of the school district.
Public portion of the hearing was closed.
Chairman Andrew stated he had received a phone call from a developer in the
area who is in favor of the project.
Commissioner Brady felt overall these are positive changes. He stated his
concern about the smaller park because of increased maintenance costs. He was
also concerned about, public maintenance of a park that is not accessible to the
public. He said he would favor a condition that would require public
maintenance of the park only if it is accessible to the public. If it is a gated
community he felt it should be maintained by the homeowners.
Mr. Grady commented on the park issue saying he suggested to Commissioner
Brady that he could add a condition relative to the park maintenance issue.
Roger Mclntosh said when 25 percent of the units are developed the parks will be
constructed and streets will be dedicated and access will be provided.
Minutes, PC, 6/15/95
Page 4
Responding to question by Commissioner Brady, Mr. Mclntosh said there are no
plans at the present time for any of the four parks within a gated community.
The parks are public and therefore could not be gated within the community.
Commissioner Hersh stated his agreement with this project.
Commissioner Tavorn stated he reviewed the project with the applicants. If the
residents are in agreement with it he had no concerns.
Responding to a question by Commissioner Boyle, Mr. Grady said there was no
feeling on staff's part that there is a problem between this proposal and the
Housing Element. The intent of the applicant is to come back in the future with
Planned Unit Developments for the properties which will require densities higher
than single family this allows for a different type of housing.
Commissioner Boyle said he reviewed the project with the applicant.
found this project to be consistent with the general plan and with the
neighborhood.
He said he
Chairman Andrew thanked those who appeared at this meeting and thanked the
applicant for working with staff and the community. He stated his support for the
project.
Motion was made by Commissioner Boyle, seconded by Commissioner Hersh to
adopt resolution making findings, as set forth in the staff report and amended in
the memorandum from the Planning Director dated June 9, 1995, approving the
Negative Declaration and approving the General Plan Amendment as requested,
and shown on the Exhibit marked "GPA 2-95, Segment I - Amended Staff
Recommendation." Motion carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Delgado, Hersh, Ortiz, Tavorn,
Andrew
NOES: None
Motion was made by Commissioner Boyle, seconded by Commissioner Hersh to
adopt resolution making findings as set forth in the staff report and amended in
the memorandum from the Planning Director dated June 9, 1995, approving the
Negative Declaration and approving the Zone Change as shown on the Exhibit
marked "Zone Change 5633 - Amended Staff Recommendation." Motion carried
by the following roll call vote:
Minutes, PC, 6/15/95
Page 5
AYES:
Commissioners Boyle, Brady, Delgado, Hersh, Ortiz, Tavorn,
Andrew
NOES: None
Motion was made by Commissioner Boyle, seconded by Commissioner Hersh to
adopt resolution making findings, as set forth in the staff report and amended in
the memoranda from the Planning Director dated June 9, 1995, and Public Works
dated June 15, 1995, approving the Negative Declaration and approving the
General Plan Amendment as shown on the Exhibit marked "GPA 2-95, Segment
V - Amended Staff Recommendation." Motion carried by the following roll call
vote:
AYES:
Commissioners Boyle, Brady, Delgado, Hersh, Ortiz, Tavorn,
Andrew
NOES: None
Motion was made by Commissioner Boyle, seconded by Commissioner Hersh to
adopt resolution making findings as set forth in the staff report and amended in
the memoranda from the Planning Director dated June 9, 1995, and Public Works
dated June 15, 1995, approving the Negative Declaration and approving the Zone
Change as shown on the Exhibit marked "Zone Change 5634 - Amended Staff
Recommendation." Motion carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Delgado, Hersh, Ortiz, Tavorn,
Andrew
NOES: None
Motion was made by Commissioner Boyle, seconded by Commissioner Hersh to
adopt resolution making findings, as set forth in staff report, and as amended by
the June 15, 1995 memorandum from the Public Works Department approving
the Negative Declaration and approving the requested amendment to the
Circulation Element, subject to conditions listed in Exhibit "A," and recommend
same to City Council. Motion carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Delgado, Hersh, Ortiz, Tavorn,
Andrew
NOES: None
Minutes, PC, 6/15/95 Page 6
6.2
a&b PUBLIC HEARING -- GENERAL PLAN AMENDMENT 2-95, SEGMENT II
AND ZONE CHANGE #5605
Staff report recommending approval was updated from the Monday meeting.
Public portion of the hearing was opened; no one spoke in opposition or in favor.
Responding to a question by Commissioner Boyle, Mr. Walker said regarding
possible realignment of Commanche Drive, this is driven by development in the
area. This zone change and annexation would not affect that.
Chairman Andrew was concerned about imposing archaeological studies on all
properties.
Motion was made by Commissioner Brady, seconded by Commissioner Hersh to
adopt resolution making findings, as set forth in the staff report, approving the
Negative Declaration and approving the proposed ER (Estate Residential) and
GC (General Commercial) land use designations, subject to conditions listed in
Exhibit "A," with the addition of a condition set forth in the June 14, 1995, and
recommend same to City Council. Motion carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Delgado, Hersh, Ortiz, Tavorn
NOES: Andrew
Motion was made by Commissioner Brady, seconded by Commissioner Hersh to
adopt resolution making findings, as set forth in the staff report, approving the
Negative Declaration and approving the proposed R-S-lA (Residential
Suburban - 1 acre minimum lot size), R-1 (One Family Dwelling - 6,000 sq. ft. lot
size per dwelling unit), and C-1 (Neighborhood Commercial) zoning, subject to
conditions listed in Exhibit "A," and June 14, 1995 memorandum from the
Planning Director and recommend same to City Council. Motion carried by the
following roll call vote:
AYES:
Commissioners Boyle, Brady, Delgado, Hersh, Ortiz, Tavorn
NOES: Andrew
Chairman Andrew stated he voted no on this project because he does not want to
set a precedent or imposing archaeological studies on all projects.
Minutes, PC, 6/15/95
6.3
a&b
Page 7
PUBLIC HEARING -- GENERAL PLAN AMENDMENT 2-95, SEGMENT III
AND ZONE CHANGE #5637
Staff report was updated from the Monday meeting.
Carolyn Belli, Kern Equestrians for Preservation of Trails, expressed concern
about the delay of improvements for the equestrian staging area, however has
come to an agreement with the developer of dedicating the land for the easement
and staging area at this time, construction of a brick wall around the staging area
and development of the staging area within 3 years. Under these conditions they
would not have objections to the project.
Responding to question by Commissioner Delgado, Mr. Grady said he would
provide a draft motion which would reflect the understanding between Ms. Belli
an Castle and Cooke.
Randy Wheeler represented the applicant. Regarding a letter in opposition by
Mr. Fallgatter, he said issues were being resolved with him. He gave an overview
of the project.
Public portion of the hearing was closed.
Commissioner H~rsh commended the applicant for working with the community.
He stated he would support this project.
Chairman Andrew said he felt because of the donations of easement, the
installation of parking lot and block wall along with his feeling that the equestrian
easement would be used more by the entire community it would be fair to request
that the city maintain it.
Responding to question by Chairman Andrew, Mr. Wheeler asked that in the
event the golf course is not completely finished they could still get occupancy on
the first phase of development. Mr. Grady stated his agreement with this request.
Responding to question by Commissioner Brady, Mr. Grady stated Parks
· Department concern that the area to be maintained would be quite a bit larger
than the normal 10-foot easement maintained by the City. They felt this was
excessive and should be maintained by the property owners or developer.
Mr. Cramer responded to question by Commissioner Brady saying the cost would
be the same square footage cost as other developments. He stated their feeling
that the excess landscaping would not benefit those outside this area.
Commissioner Brady felt this staging area is being installed to benefit the entire
community and he would be in favor of the city maintaining it.
Minutes, PC, 6/15/95
Page 8
Responding to question by Commissioner Brady, Mr. Grady said if the
Commission made a finding that the real estate sales office is incidental to and
compatible with the nature of the development it could remain as long as they
desired. Mr. Brady requested proposed wording to this effect. He stated his
support for the project because of the need for senior housing in the community.
Commissioner Boyle responded to Mr. Fallgatter's outlined concerns in his letter
to the Commission saying no information has been submitted to support his
feeling that the project would substantially degrade water quality. He did not find
that the project inducing concentration of population warranted an environmental
impact report on this project because the entire area is intended for development.
Regarding increase in traffic he felt senior citizens do not drive as much as
younger people. Concerning diminishment in habitat he said he understood this
property to have been agricultural for years, therefore there should be no plants
that could be degraded. He questioned whether this size parcel would be
economically viable as agricultural land when the city grows around it. Therefore
he stated his disagreement with assertions made by Mr. Fallgatter's letter and did
not feel an environmental impact report is necessary.
Responding to question by Commissioner Boyle, Mr. Walker explained the
alignment of Old Farm Road. Regarding questions concerning payment of the
stop light, Mr. Walker said if this were considered a private street or access that
only went into the PUD it is for the general benefit of travelling public and
percentages are based on the projected traffic.
Mr. Mclntosh clarified a condition of a memo from Public Works Department
places their share of the light at 11 percent with the possibility of it being 100
percent.
Commissioner Delgado was concerned about the wishes of the City Council being
followed with respect to a condition requiring that the golf course and clubhouse
be completed with the first phase of development. Mr. Wheeler said he felt the
intent of the condition was to ensure that the golf course be installed as close to
phase-1 as possible. Mr. Wheeler felt it could be clarified at the council level at
time of final action on this item.
Chairman AndreTM clarified this is still an 18-hole golf course and 5 additional
holes would not be added.
Commissioner Boyle concurred that he did not feel the developer should be
responsible for maintenance of the staging area because it is for the benefit of the
community. Chairman Andrew concurred with this also.
Minutes, PC, 6/15/95
Page 9
Motion was made by Commissioner Brady, seconded by Commissioner Ortiz to
adopt resolution making findings as set forth in the staff report, approving the
negative declaration and approving a general plan amendment from Resource
Intensive Agriculture, Estate Residential and Low Density Residential to Low
Density Residential, Open Space-Park for the golf course area and Open Space
for the equestrian trail and "staging" area, located west of the Rio Bravo Canal, as
shown on Exhibit "B" with conditions attached in Exhibit "A," with the following
additions and amendments:
Condition #5 amended to read as follows:
The applicant offers to dedicate the one acre site for a "staging" area and
the 20-foot wide equestrian easement from Allen Road (at the Rio Bravo
Spreading Grounds) southerly to Stockdale Highway and along Stockdale
Highway easterly to the Cross Valley Canal subject to the approval of the
Planning Director prior to the issuance of a building permit for this
project. Further, Castle and Cooke will improve the "staging" area for
equestrian/pedestrian uses (not to exceed $30,000) subject to the approval
of the Planning Director prior to the issuance of any building permit for
the project west of the Rio Bravo Canal or within 3 years from
commencement of any work on the project whichever occurs first.
Condition #44 amended to read as follows:
The type of project (age restricted, 55 and over) and location of the sales
office within the clubhouse warrant continuance of an on-site sales office.
Mr. Wheeler said they had agreed with the K.E.p.T. representatives that the
staging area have a block wall installed around it prior to occupancy of the first
phase.
Condition #43 amended to read as follows:
The developer shall install the six-foot high masonry block wall along the
new collector to Stockdale Highway and between the phase 4 houses and
the equestrian trail during the fourth phase of the development when the
tier of single family lots are established adjacent to the collector. No
permit shall be issued for the fifth phase of development until the
structures are complete in accordance with the approved PUD plan.
Inclusion of Public Works memos dated June 5, June 12, and June 15, 1995.
y?
Minutes, PC, 6/15/95
Addition of a condition as follows:
Page 10
Prior to occupancy of Phase 1 of the project the developer shall construct
a block wall adjacent to the development.
and recommend same to City Council.
Motion carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Delgado, Hersh, Ortiz, Tavorn,
Andrew
NOES: None
Motion was made by Commissioner Brady, seconded by Commissioner Ortiz to
adopt resolution making findings, as set forth in staff report, approving the
Negative Declaration and approving a zone change to (1) modify the existing
Planned Unit Development east of the Rio Bravo Canal and (2) change the
zoning west of the Rio Bravo Canal from Agriculture to Planned Unit
Development and One Family Dwelling zone, as shown on Exhibit "D" with
conditions as attached in Exhibit "C," with conditions as amended in previous
motion for GPA 2-95, Segment III and recommend same to City Council.
Motion carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Delgado, Hersh, Ortiz, Tavorn,
Andrew
6.4
a&b
NOES: None
PUBLIC HEARING -- GENERAL PLAN AMENDMENT 2-95, SEGMENT IV
AND ZONE CHANGE #5632
Chairman Andrew abstained from participating on this item because he has
received income from the developer, architect and attorney for this project within
the last year.
Commissioner Dhanens said although he was absent at the Monday pre-meeting
he had reviewed the tape and would participate on this item.
Staff report was updated from the Mon'~lay pre-meeting.
Public portion of the hearing was opened; no one spoke in favor or opposition.
Minutes, PC, 6/15/95 Page 11
Mike Callagy represented the applicants. He stated agreement with conditions of
approval and asked for approval of the application.
Randy Wheeler reiterated his comments regarding Mr. Fallgatter's letter.
Charles Fritch felt this project would make a difference in the city.
Commissioner Boyle reiterated his comments on the previous application
concerning Mr. Fallgatter's letter. He said he did not find this project to be
inconsistent with the open space element of the general plan.
Responding to question by Commissioner Dhanens, Mr. Wheeler said details
regarding a plan for the tunnel have not been worked out as of yet.
Responding to question by Commissioner Brady, Mr. Grady said this proposal fits
within low density residential use.
Public portion of the hearing was closed.
Motion was made by Commissioner Brady, seconded by Commissioner Hersh to
adopt resolution making findings, as set forth in. staff report recommending
approval of the Negative Declaration, disapproval of the requested High Density
Residential and approval of Low Density Residential land use designation on 20.3
acres subject to the conditions of approval shown on Exhibit "A" and memo from
the Planning Director dated June 15, 1995, and recommend same to City Council.
Motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners Boyle, Brady, Dhanens, Hersh, Ortiz, Tavorn,
Delgado
None
Commissioner Andrew
Minutes, PC, 6/15/95
Page 12
Motion was made by Commissioner Brady, seconded by Commissioner Hersh to
adopt resolution making findings, as set forth in staff report approving the
Negative Declaration and approving Planned Unit Development on 20.3 acres
subject to the conditions of approval shown on Exhibit "A," and memo from the
Planning Director dated June 15, 1995, and that the equestrian access shown on
the PUD site plan or other equestrian facilities not be required of this project and
recommend same to City Council. Motion carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Dhanens, Hersh, Ortiz, Tavorn,
Delgado
NOES: None
ABSENT:
Commissioner Andrew
6.7 PUBLIC HEARING -- GENERAL PLAN AMENDMENT 2-95, SEGMENT VII
Staff report was updated from the Monday meeting.
Public portion of the hearing was opened.
Joe McDonald stated he had no opposition to the equestrian trail, however asked
how the land would be paid for. Mr. Grady said this trail would be placed within
the existing right-of-way. There would be no requirement for the trail to be in
place until development occurs. Mr. McDonald said it would be impossible to
develop because of the amount of restrictions.
Carolyn Belli spoke in favor of this proposal.
Public portion of the hearing was closed.
Motion was made by Commissioner Delgado, seconded by Commissioner Ortiz to
adopt resolution making findings, as set forth in the staff report, approving the
proposed amendment to 'the Circulation Element, GPA 2-95, Segment VII, and
recommend same to City Council. Motion carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Delgado, Hersh, Ortiz, Tavorn,
Andrew
NOES: None
Minutes, PC, 6/15/95 Page 13
7. GENERAL PLAN CONSISTENCy FINDING -- PROPOSED VACATION OF
THE 33-FOOT WIDE ALLEY (17TH PLACE) IN BLOCK 275, LOCATED
BETWEEN "H" STREET AND EYE STREET, SOUTH OF 18TH STREET TO
17TH STREET.
Approved as consent agenda item.
COMMUNICATIONS
A) Written
None
B) Verbal
Mr. Grady stated the effort it took to resolve issues on the requests placed
on this agenda were the result of hard work on the part of Mr. Gauthier
and the advanced planning staff.
COMMISSION COMMENTS
Chairman Andrew thanked staff for their hard work on the resolution of issues
surrounding projects on the agenda.
Commissioner Brady thanked staff for responding to his inquiries.
Commissioner Hersh thanked staff, stating it is unusual with a general plan
agenda to have issues resolved in such a timely manner.
A. Committees
Commissioner Boyle said it is hoped that the revised sign ordinance will be
available for approval by the committee at the next meeting and before the
Commission at a meeting in August or September. Interest has been
expressed by the county and it is hoped that perhaps in the metropolitan
area a similar ordinance can be adopted.
Commissioner Boyle said the trails committee had its final meeting the
previous Wednesday. The committee has tentatively asked staff to proceed
with preparing a proposal to be set at the next general plan cycle which
will include staging areas at Enos Lane, Mohawk and possibly expansion of
the parking lot on Manor which is currently used for bicycles.
Minutes, PC, 6/15/95 Page 14
10. DISCUSSION REGARDING POSSIBLE CANCELLATION OF NEXT PRE-
11.
MEETING
Mr. Grady said a preview list had been submitted to the Commission. He said
there are only two parcel maps set for hearing. Responding to question by
Commissioner Brady, Mr. Grady indicated there is no controversy surrounding
these proposed parcel maps.
Motion was made by Commissioner Brady, seconded by Commissioner Boyle to
cancel the Monday pre-meeting for July 3, 1995. Motion carried.
ADJOURNMENT
There being no further business to come before the Commission, meeting was
adjourned at 7:50 p.m.
Laurie Davis
Recording Secretary
Planning Director