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HomeMy WebLinkAbout03/16/95MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, March 16, 1995, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: JEFF ANDREW, Chairperson DOUG DELGADO, Vice-Chairperson STEPHEN BOYLE MATHEW BRADY KENNETH HERSH JIM MARINO ROBERT ORTIZ Absent: DARREN POWERS, Alternate ADVISORY MEMBERS: Present: LAURA MARINO, Assistant City Attorney JACQUES LaROCHELLE, Design Engineer MIKE QUON, Building Plan Check Engineer STAFF: Present: STANLEY GRADY, Planning Director JENNIE ENG, Associate Planner MARC GAUTHIER, Principal Planner ISABEL WILLIAMS, Recording Secretary 2. PUBLIC STATEMENTS There was no one present wishing to speak. Chairman read the notice of right to appeal as set forth on the agenda. 3. CONSENT AGENDA ITEMS There were no items on the Consent Agenda. Minutes, PC, 3/16/95 Page 2 Se APPROVAL OF MINUTES Approval of the minutes of the regular meetings held January 19, and January 30, 1995 were approved on motion by Commissioner Brady, seconded by Commissioner Ortiz. Motion carried. PUBLIC HEARING - NOTICE OF INTENTION TO FILE A NOTICE OF VIOLATION Staff report was given by Associate Planner. Public hearing was reopened. There was no one present wishing to speak either in favor or opposition. Commissioner 'Marino stated he would make a motion with the understanding that the staff report had some minor written changes to it. Motion was made by Commissioner Marino to adopt resolution making findings as set forth in the staff report, and direct the Planning Director to record a Notice of Violation with the Kern County Recorder within three (3) business days of this decision, subject to the following condition: Upon property owner(s)' satisfactory compliance with the Subdivision Map Act and Bakersfield Municipal Code, the Planning Director shall record a "Termination of Notice of Violation" with the Kern County Recorder. MotiOn was seconded by Commissioner Hersh, and carried. PUBLIC HEARING - TENTATIVE TRACT 5799 Staff report recommending approval was given. Staff planner noted a change to Exhibit "A", Condition 3.C., "to his satisfaction" be deleted. Public hearing was reopened. · Mr. Harold Robertson with Porter-Robertson Engineering represented DeVille Homes stated they were amenable to the conditions. Public hearing was closed. Minutes, PC, 3/16/95 Page 3 6. TENTATIVE TRACT 5799 (continued) Commissioner Hersh stated that he liked the arrangement of the lots because of the open space. Motion was made by Commissioner Marino to adopt resolution, approving and adopting the Negative Declaration, to make all findings set forth in the staff report, and to approve proposed Tentative Tract 5799 subject to the conditions outlined in Exhibit "A" with the change to Condition 3.C., deleting the words, "to his satisfaction". Motion was seconded by Commissioner Hersh. Motion carried. 7. PUBLIC HEARING - ZONE CHANGE 5618 Staff report was given recommending approval. Public hearing was reopened. Mr. Tom Teagarden represented Regional Mortgage who stated they accept the conditions as written..He also stated they have discussed the letter from Public Works regarding the improvements on Hosking and Stine Roads, and was informed they should bring it before the Commission. He then submitted copies of his letter to the Commission. Public Works representative, Jacques LaRochelle stated this was discussed with the applicant, and believed that the memo dated February 27, 1995, was adequate. Mr. Teagarden was amenable. Public hearing was closed. Motion was made by Commissioner Brady to adopt resolution making findings as set forth in the staff report and approve the Negative Declaration, and approve Zone Change No. 5618, and recommend same to the City Council along with the change as set forth in the memorandum from Jacques LaRochelle to Jim Movius dated February 27, 1995. Motion was seconded by Commissioner Ortiz, and carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Delgado, Hersh, Marino, ortiz, Andrew NOES: None Minutes, PC, 3/16/95 Page 4 8. la&b) PUBLIC HEARINGS - GENERAL PLAN AMENDMENT 1-95, SEGMENT I AND ZONE CHANGE #5612 Chairman Andrew stated he had a conflict of interest. He is involved in the sale of subject property. Commissioner Marino stated he had a conflict of interest. the applicant within the past 12 months. Staff report was given recommending approval. He was employed by In response to a question from Commissioner Hersh at Monday's meeting, Mr. Gauthier responded there is no commercial to the west. Public hearing was reopened. Paul Ricker, 11707 Cotner Avenue, spoke in opposition to the proposal. He did not feel that an apartment complex was needed in the area because there is already an over abundance of apartments in the Bakersfield area. Bill Davis, resident in the Polo Grounds spoke in opposition. He did not want apartments in the area. Paul Ricker, 11707 Cotner Avenue, obtained 18 signatures of people who were unable to be present at the meeting. Eda Lane, resident on Cotuer Avenue spoke in opposition. She did not feel that the school district could handle any more children. They are already paying more for bond issues than they pay in property tax in order to keep up with the students they now have in the Rosedale School District. Bill Davis, resident in the Polo Grounds stated that he was aware of the numerous calls received by the Planning Department today in opposition of this proposal. Acting Chairman asked if staff had taken a numerical count of the calls received. Planning Director replied that a numerical count was not taken, however it was estimated that about eight calls were received. Minutes, PC, 3/16/95 Page 5 8. la&b) GENERAL PLAN AMENDMENT 1-95, SEGMENT I AND ZONE CHANGE #5612 .(continued) Bob McBride, 12314 Magruder, spoke in opposition. He did not feel that apartments were needed in the area. Steve DeBranch with the DeWalt Corporation wished to clarify that the existing corner has approximately a density of 122-units. He also stated they are in escrow with Fuller apartment homes. He further stated that DeWalt Corporation agrees to limit the existing R-2 zone to single family residences which was important to their operations to constrUct quality development on the corner. He also stated they had a neighborhood meeting to inform them of what is being proposed, and approximately 50 people attended the meeting. He further stated that this property is within the current Mello Roos school district for the elementary and as a condition of this project, if approved, they have agreed to the requested fee increase for the high school district. He then introduced Andrew Fuller with Fuller Homes. Andrew Fuller represented Fuller Apartment Homes. He gave a brief description of their upscale apartment communities indicating this will be their second apartment homes in Bakersfield. He submitted brochures of the type of project they build. Michael Posey resident in Tract 5728 which is directly adjacent to. the parcel in question spoke in favor. He submitted a petition with 45 signatures in approval of the proposal. Steve DeBranch stressed the fact that right now they can develop a 10 acre commercial site, and they can develop a 10 acre multi-family site adjacent to the existing residents. He stated they have chosen not to do that. He felt their proposal to put the multi-family at the corner and do away with the commercial was a good choice for the neighborhood. Commissioner Hersh asked how many units are proposed on the corner for HMR. Mr. DeBranch deferred the question to Mr. Fuller. Mr. Fuller replied there will be 138 units maximum. Public hearing was closed. Minutes, PC, 3/16/95 Page 6 8. la&b) PUBLIC HEARING - GENERAL PLAN AMENDMENT 1-95, SEGMENT I AND ZONE CHANGE #5612 (continued) Commissioner Brady asked if there was any further correspondence from the school district. Planning Director replied no. Commissioner Brady commented that the commercial center would bring much more traffic than apartments, and felt this to be a benefit to the community. The school will also benefit in that the fees that were requested will be paid. He then asked about the vacancy rate of the apartments in the area. Planning Director replied that the information he received was that the vacancy rate was very low. Commissioner Brady commented that in allowing this change, the existing homes will be protected based on the fact there will be a good buffer between the existing homes and the new apartments. He also stated that all of the issues have been addressed, therefore he was supporting this project. Commissioner Boyle commented that apartments are required to be available in every segment of the community, and that is something that the Commission has an obligation to fulfill under the general plan. He further stated that he disagrees that the EIR has been compromised as to infrastructure and traffic. He also stated he would be supporting the project because the people immediately adjacent to this proposed project are in support of it, and also because the project is consistent with the general plan. Mr. DeBranch asked for clarification regarding the school fees since there were three letters from the school district. Commissioner Brady replied that the March 16, 1995 memorandum from the Planning Director to the Planning Commission is the latest one. Commissioner Hersh disagreed with Commissioner Boyle in that a different EIR would be totally confusing. He further stated that he finds this area attractive as well as the equestrian area attractive. He also stated that he was going to vote in favor because he liked the idea of the HMR gradation from LR to the apartment site, and he liked what Mr. Fuller presented. He informed Mr. Fuller that he would visit the apartments at Mondavi and Brimhall. Minutes, PC, 3/16/95 Page 7 8. la&b) PUBLIC HEARING - GENERAL PLAN AMENDMENT 1-95, SEGMENT I AND ZONE CHANGE #5612 (continued) Motion was made by Commissioner Brady to adopt resolution, making findings, as set forth in'the.staff rePort, ' approving the Negative Declaration and approving the requested High Medium Density Residential land use designation, subject to conditions listed in Exhibit "A", and in the Memorandum from the Planning Director dated March 16, 1995, and recommend same to the City Council. Motion was seconded by Commissioner Hersh, and carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Delgado, Hersh NOES: Commissioner Ortiz ABSENT: Commissioner Powers, Andrew, Marino Motion was made by Commissioner Brady to adopt resolution making findings, as set forth in the staff report, approving the Negative Declaration and approving the requested R-2 zoning, subject to conditions listed in Exhibit "A", and is the March 16, 1995 from the Planning Director, and recommend same to the City Council. Motion was seconded by Commissioner Hersh, and carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Delgado, Hersh, NOES: CommissiOner Ortiz ABSENT: Commissioner Powers, Andrew, Marino Minutes, PC, 3/16/95 8.2a&b) 8.3) 8.4) Page 8 PUBLIC HEARING - GENERAL PLAN AMENDMENT 1-95, SEGMENT II AND ZONE CHANGE #5568 Commissioner Andrew stated he had a conflict of interest. He was involved in the sale of the larger parcel. Planning Director informed Commission this item has been withdrawn. PUBLIC HEARING - GENERAL PLAN AMENDMENT 1-95, SEGMENT IV Staff report was given. Public hearing was reopened. There was no one wishing to speak either in favor or opposition. Motion was made by Commissioner Brady to adopt resolution making findings, as set forth in the staff report, approving GPA 1-95, Segment IV, authorizing staff to amend the City's 2010 Land Use and Circulation Element Maps consistent with the County-approved changes as indicated in Exhibit "A" and attached map, and recommend same to the City Council. Motion was seconded by Commissioner Marino, and carried by the following roll call vote: AYES: Boyle, Brady, Delgado, Hersh, Marino, Ortiz, Andrew NOES: None ABSENT: Commissioner Powers PUBLIC HEARING - GENERAL PLAN AMENDMENT 1-95, SEGMENT V Staff report was given. Public hearing was reopened. Frank Collins stated that he has purchased property to the south of Highway 178, and asked about proposed off ramps or interchanges. Minutes, PC, 3/16/95 Page 9 8.4) PUBLIC HEARING - GENERAL PLAN AMENDMENT 1-95, SEGMENT V Jacques LaRochelle, Public Works Design Engineer informed Mr. Collins that what is taking place, at this hearing is a request to adopt the width of the proposed freeway only, the interchange configurations have not been addressed at this time. However, it is known there will be one at Alfred Harrell Highway, and study in depth the proposed interchange and access to the Mesa Marin area. He further stated that Kern Cog is beginning a study on circulation for that whole area and the city's study will parallel with their study to make sure that it works adequately. He informed Mr. Collins that the city will be asking for input from the surrounding property owner's. .There being no others wishing to speak, public hearing was closed. Motion was made by Commissioner Hersh to adopt resolution making findings, as set forth in the staff report recommending approval of the Negative Declaration, and approval of the amendment to the Circulation Element establishing the State Route 178 Freeway Specific Plan line, and recommend same to City Council. Motion was seconded by Commissioner Brady, and carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Delgado, Hersh, Marino, Ortiz, Andrew NOES: None ABSENT: Commissioner Powers Minutes, PC, 3/16/95 Page 10 8.5) ' PUBLIC HEARING - GENERAL PLAN AMENDMENT 1-95, SEGMENT VI Staff report was given. Public hearing was reopened. There was no one present wishing to speak either in favor or opposition, public hearing was closed. Motion was made by Commissioner Marino to adopt resolution making findings, as set forth in the staff report recommending approval of the Negative Declaration, and approval of the amendment to the Circulation Element establishing the Coffee Road Specific Plan Line, and recommend same to the City Council. Motion was seconded by Commissioner Hersh, and carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Delgado, Hersh, Marino, Ortiz, Andrew .~.NOES: None ABSENT: Commissioner Powers COMMUNICATIONS- WRITYEN~RB~ There were no written or verbal comments. 10. COMMISSION COMMENTS Commissioner Hersh reported that the Subdivision Committee will meet next week. He also stated they have met with the Joint Council/Planning Commission. In April they plan on having a public hearing on R-2 subdivision/small lots. Commissioner Marino gave a brief report on the Trails Committee, and stated they are in agreement on recommending to the Commission adoption of the Rosedale Trail System. They are also looking at extending the equestrian trail system to Enos Lane along the Kern River Plan area. Commissioner Brady asked about the status of the Kiosk Sign committee. Chairman Andrew replied they have their first draft put together and are half way through that full draft with questions and comments. Minutes, PC, 3/16/95 Page 11 12. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 6:55 p.m. Isabel Williams Recordin{ Secretary