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HomeMy WebLinkAbout01/19/95MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, January 19, 1995, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL o o 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 JACK LaROCHELLE, Engineer IV JACK LEONARD, Assistant Building Director STAFF: Present: STANLEy GRADY, Planning Director JIM MOVIUS, Principal Planner MIKE LEE, Associate 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 None APPROVAL OF MINUTES Motion was made by Commissioner Brady, seconded by Commissioner Boyle to approve minutes of the regular meetings held November 17, November 28, and December 1, 1994. Minutes, PC, 1/19/95 Page 2 5. PUBLIC HEARING - PLANNING COMMISSION CONSIDERATION OF o STATUS OF ZONE CHANGE 4924. Staff report was given outlining three options to the commission. Public portion of the hearing was opened; no one spoke in opposition or in favor. Public portion of the hearing was closed. Responding to questions by Commissioner Brady, Mr. Grady said the person originally making complaint on this issue still owns the property. The homeowners association is in favor of adoption of Option C. Motion was made by Commissioner Brady, seconded by Commissioner Marino to determine that Zone Change No. 4924 is still practicable and direct staff to provide a status report in one year. Responding to questiOn by Commissioner Hersh, Mr. Grady said every property owner within the association is entitled to a vote on issues regarding the association. John Leonard, President of the homeowners association said the owner of the vacant land is in favor of the single-story stand alone units. Motion carried. PUBLIC HEARING - ZONE CHANGE 5596 Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in favor or opposition. Roger McIntosh rePresented the applicants. He stated concurrence with conditions of approval. Public portion of the hearing was closed. Responding to question by Chairman Andrew, Mr. McIntosh said the fencing and landscaping along the canal was a condition of approval of a tract south of Campus Park Drive recently approved. Minutes, PC, 1/19/95 Page 3 Motion was made by Commissioner Marino, seconded by Commissioner Hersh to adopt resolution making findings as set forth in staff report and approve the Negative Declaration, and approve Zone Change No. 5596, subject to the conditions of approval on Exhibit "A," and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Delgado, Hersh, Marino, Ortiz, Andrew NOES: None 7. PUBLIC HEARINGS - GENERAL PLAN AMENDMENT 4-94, SEGMENT IV, KERN RIVER FREEWAY SPECIFIC PLAN LINE AMENDMENT AND ZONE CHANGE #5603 Chairman Andrew abstained from participating on these items because his residence is within 300 feet of subject property. Vice-chairperson Delgado chaired this hearing. Staff report recommending approval of the general plan amendment and zone change and denial of the specific plan line amendment was updated. Public portion of the hearing was opened. Carolyn Belli represented Kern Equestrians for the Preservation of Trails. She said they felt the safest environment for riding would be inland along the slough. She cited statistics which show bridle trails alongside developments increase value of property and decrease vandalism. This slough has been historically used as a walking and equestrian trail and is away from traffic thus being safer, quieter and more aesthetically pleasing. She was concerned that if a trail were not defined the opportunity would be lost and also concerned about the proposed redesignation from open space to low density. She felt mitigation must be provided when natural open space is taken. Responding to questions by Commissioner Brady, Ms. Belli said their group consists of approximately 300 members. Their main concerns are that there be a sufficient trails system and the loss of open .space. Nancy Hafferman stated she has been a resident of the Rosedale area for approximately 30 years. Responding to question by her Mr. Grady said lot sizes range from 4,500 to 7,000 square feet. She said they were told upon annexation that their lifestyle would not be changed. They live in this area because of the large lots and are concerned about the development of smaller lots. 'Minutes, PC, 1/19/95 · Page 4 Tom Fallgatter represented the Kern River Public Access Committee. He stated he had delivered a copy of a letter in opposition to all commissioners and submitted a copy for the record. He stated objections which are outlined in the letter being non-compliance with CEQA, their feeling that the mitigated negative declaration is inadequate, inconsistency of the project with the general plan. He stated their position that changing of the open space designation violates the Kern River Plan Element of the General Plan. He also felt this project is not consistent with past commitment of the commission and city to provide recreational uses of the river and should not be approved. Mr. Grady responded to questions by Chairman Delgado saying the letter submitted by Mr. Fallgatter was received just before this hearing. He gave general comments concerning history of this open space change saying the Kern River Freeway Specific Plan Line moves the freeway alignment thus opening this property for development. He gave the designations of open space saying the OS-P designation was appropriate for this property and met open space requirements. Bill Slocumb felt if small lot sizes were to be developed this would be the ideal development in which to do it. He said his concerns for this project revolve around redesignation of open space to low density residential. He was concerned about development detracting from use of the Kern River. He quoted a goal of the Kern River Plan being to ensure that open spaces are maintained and enhanced as a unique and valuable resource for the metropolitan area. To guide and assist development in such a way as to protect open space and enhance environmental quality. Bill Cooper, Kern River Parkway Committee, asked if an attempt at placing staging areas were considered mitigation. Mr. Grady said it was not but was an offer of the applicant to address community-wide concerns. Mr. Cooper said their concern was that there be no net loss of floodplain areas, stating they would be opposed to the location of staging areas south of the Cross .Valley Canal within the parkway area. Responding to questions by Commissioner Brady, Mr. Cooper said he had no problem with the placement of an equestrian trail as long as it does not negatively impact sensitive areas. He stated opposition to placing parking areas within the river bottom. Mr. Grady responded to a question saying the Kern River Element allows for parking for enhancing the use of the Kern River. This is currently occurring. He stated their opposition to the use of anymore land being used for parking, saying this area does not lend itself to this use. Responding to question by Commissioner Brady, Mr. Grady said no particular location for parking has been decided upon. It was not stated that this would be located within the BESA area. If specific location is desired it can be made a part of the motion, that it be located on the property at a location agreed upon. Minutes, PC, 1/19/95 Page 5 Wendy Wayne said she is an avid user of the bike path for walking, biking and jogging. She said in serving on the 2010 General Plan committee and Bakersfield Vision Committee, preservation of the Kern River Parkway was a prime target. She felt maintenance of the open space were critical for the good of the entire community. Arthur Unger representing the Kern Kaweah Chapter of the Sierra Club was. concerned about chipping away at the open space areas. Rich O'Neil, 5600 Desmond Court, represented the Kern River Parkway Committee. He submitted a prepared statement. He stated their opposition to the negative declaration asking that the commission reject it and that an EIR be prepared because the negative declaration does not sufficiently mitigate the loss of 43 acres of open space. They did not feel the open space along the river is in agreement with policies and goals set forth by the 2010 Plan, Kern River Plan Element or Kern River Parkway EIR. He stated their feeling that this project would block equestrian and walking access to the river. He disagreed with statement of previous staff report saying this development would cause a major degree of reduction of quality. The negative declaration does not allow for proper mitigation of the proposal. He felt additional time is necessary to discuss this issue. Responding to question by Commissioner Brady, Mr. O'Neil pointed Out the access situation. Robert Hudspeth spoke in favor stating he was interested in this development because he is a senior citizen and is looking for a senior community. He cited projected growth of senior population. He felt perhaps those involved and concerned with this project should meet and discuss this proposal further. Ken Secor, Vice-President of Administration Cai-State University, represented the University. He said the acceptance of their campus site by the Board of Trustees involved an agreement between the trustees and the Kern County Land Company providing them the opportunity for review and comment on development within the zone of influence extending approximately 1 mile. Their feeling on the proposal is that it would be appropriate to the zone of influence and they support the idea of creation of a specialized living environment for senior adults. Charles Fritch felt all groups represented at this hearing have issues which need to be worked out. He asked that the commission consider this senior housing project as an opportunity for the community to fulfill a need. Art Johnson, 1301 New Stine Road, said he has lived in a retirement community for 8 years. He outlined some of the criteria which he would use in choosing a retirement home, those being affordability, compatibility and availability. Minutes, PC, 1/19/95 Page 6 George Martin felt lack of facilities to support senior citizen needs is going to create a real problem in the future. He felt security is a main issue of senior citizens. If this community is moved elsewhere it will not happen. He felt this is a good plan and is necessary for the community. Randy Wheeler represented the applicant. He showed a marketing video of the senior hoUsing project detailing the project. Marta Borsanyi gave presentation regarding the marketability of this proposal. Their conclusions being that this project has sufficient support and will be a very successful project. She gave a breakdown of communities supporting the project. Retired residents from other communities cause very little impact on roads and do not impact schools at all. The initial demand will come from local residents. She outlined some of the necessities of a senior community being security, low property maintenance, soft streetscape, rolled curbs, security lighting and good distance from hospitals and medical care facilities. She felt seniors would enjoy the equestrian trail, however would not want the parking lot in front of their community. Randy Wheeler clarified this project is not within the Kern River Plan Element. The area in which this project is planned is not currently recreational space but is agricultural land currently being farmed. He noted that with the Cross Valley Canal the project is blocked from the Kern River. Pedestrian access is not- available without going over the bridge and onto the south side of the river. Roger McIntosh submitted a letter from the Rosedale-Rio Bravo Water Storage District, copy of the Kern River Freeway Specific Plan Alignment, copies of Kern River Plan Element, Circulation Element, Circulation Plan map and goals from Western Rosedale Specific Plan. Regarding the open space issue he said staff correctly identifies this as a policy issue and not environmental. The policy document being the 2010 General Plan. The Land Use Element includes golf courses as an appropriate land use within the open space designation which is consistent with State law. He referred to the Kern River Plan Element map which shows where the parking facilities are planned. He outlined policies of the access section of the 2010 General Plan saying there is no requirement inferring that a private property owner shall be required to provide staging areas for trails. Before these can be required a nexus has to be proven of which there is none relating to this project. Castle and Cooke is offering a trail and staging area at a location more compatible with this project. This project allows for development of a variety of housing types as provided for in the Housing Element. This project yields 3.8 dwelling units per acre which is far below 7.26 dwelling units per acre of a low density residential development and is offset by the extraordinary amenity of the golf course. Minutes, PC, 1/19/95 Page 7 In addressing the letter from Mr. Fallgatter, Mr. McIntosh said this project is in compliance with the subdivision map act as it is not adjacent to the Kern River but is separated by the Cross Valley Canal. Regarding the comment that the proposal is not consistent with the Kern River Plan Element, he said the map of this element clearly shows the equestrian trail being south of the canal outside this property and was never intended to be north of the canal. Concerning the comment that there is no trail system in this development, he said with the condition submitted requiring a trail to be dedicated from Allen Road to the River west of the Rio Bravo Canal an equestrian trail would be accommodated. Regarding the comment that the proposed plan is not consistent with the Kern County Rosedale Specific Plan which anticipates a 20-foot easement from Allen Road to the Kern River and along Goose Lake Slough, he said he was not sure what anticipating a trail woUld have to do with planning an area. Responding to an issue brought forth in Mr. Fallgatter's letter that the project conflicts with adopted environmental plans and goals of the community and that the open space element states that major amenities such as the Kern River should be preserved he said this project is not within the Kern River Element. Regarding the statement that the project will cause an increase in traffic, he said several traffic studies have been prepared which identify the impacts and they are proposed to pay necessary fees at the local level as well as the regional level. Regarding water usage he said the golf courses require less water than residential uses. Regarding possible increase in ambient noise levels, he said a noise study was submitted and berming is being proposed along Calloway Drive which will mitigate the noise level to a reasonable level. Regarding the possibility of diminishment of wildlife and plant habitat, he said the habitat conservation plan requires fees must be paid at a one to one offset in habitat areas for mitigation to be provided elsewhere in the area. He said they are not proposing to delay open space provision until the future as suggested by Mr. Fallgatter's letter but are proposing to build it at this time. He said regarding fencing along the canals they are proposing chainlink with a builder fence being placed here during construction. Mr. Wheeler submitted letters from Bernie Herman and Judy Clauson reading Mr. Herman's letter into the record (letter is on file). The letter stated he felt they had presented an affordable, quality senior citizen project. Public portion of the hearing was closed. *15-minute break was taken at this time. Responding to request for information by Chairman Delgado, Commissioner Marino said a committee meeting was held in which two items which affect this project were discussed. These items were an equestrian trail from the Goose Lake Slough crossing Allen Road back to the Kern River in which the committee did not pick an alignment and the staging area in the vicinity of Calloway Drive and the canal which was also undetermined. Minutes, PC, 1/19/95 Page 8 Responding to question by Commissioner Brady, Mr. Grady said this project is not covered under the Kern River Plan Element. Commissioner Brady felt the project is a good project, however felt the question is the appropriateness at this location. Since the applicant has agreed to put in the trail and access, use of the river will increase as a by-product of this project. He commended staff in working out difficulties of the project. He stated he would support this project. At the request of Commissioner Brady regarding Mr. Fallgatter's statement regarding possible degradation of water quality, Mr. Grady said this project was sent out to the Regional Water Quality Control Board as part of review. No comments were received from them. CommiSsioner Marino was concerned about exposing the city to an inadequate environmental document that may be subject to some opposition in the future. Responding to question by him, Ms. Marino said there is no need to recirculate the environmental documents based on staff's determination regarding the significance of impact concerning the loss of open space. Responding to' question by Commissioner Marino, Mr. Mclntosh stated agreement with the additional condition proposed by staff. Commissioner Marino proposed the condition be amended to read as follows: "Dedicate a 20-foot wide multi-purpose equestrian and hiking easement along the west side of the Rio Bravo Canal from Allen Road at Rio Bravo (spreading ground) southerly to the Cross Valley Canal prior to issuance of a building permit for this project." Mr. McIntosh stated opposition to this wording because he wanted the opportunity to expand it. By locking into this condition it precludes the opportunity to expand to the west side. He said expansion all the way to Allen Road or down Stockdale is not anticipated, however flexibility is needed for establishment of the easement and trail when the other area is planned. He stated their willingness to grant an easement. Commissioner Marino was concerned that wording for this condition ensure the provision of the trails system through this area at time of first development. Commissioner Marino felt there is a need for this type of project and stated his support for it. He recalled that during the 2010 hearings open space was added as a buffer between the Kern River and development. He said he would not have a problem with continuing this item and sending it to the trails committee. Commissioner Hersh felt a senior citizen project is needed and he supports the concept. He stated his agreement with allowing more time to work out issues surrounding this project. He stated his objection to the last minute submittal of information saying it does not allow for good decision-making. He was concerned that the trails committee has had meetings regarding this issue and he has not received any information concerning these meetings. He agreed that issues still exist that need to be discussed further. He said he also had a problem with the chainlink fencing. He stated his support for the project, however would not support its passage at this hearing. Minutes, PC, 1/19/95 Page 9 Responding to questions by Commissioner Boyle, Mr. Grady said a condition did not exist to ensure the golf course for this project would be maintained as a public course. Ms. Marino said a problem with this is that the zoning is a private property zoning and she did not know if this exchange property could be required to be open to the public when the previous property was not. Roger McIntosh was in agreement with a condition being placed on this making it a public golf course. Responding to questions by Commissioner Boyle, Mr. Grady said in other areas in which bike trails are provided, public access parking is provided in the floodplain areas and that chainlink fencing adjacent to canals is required by city ordinance. Commissioner Boyle felt all open space does not need to be pristine land. He felt the trade of 43 acres of farm land for 70 acres of park land was a good deal for the city especially since it can be conditioned to remain as public land in the future. He did not feel the project interferes with access to the Kern River, however there is a nexus between this project and access along the Rio Bravo Canal. Regarding the staging area he felt there was a nexus with the extension of Calloway Drive and Old River Road across the river. He did not see a nexus between this project and a staging area and therefore felt the staging area should not be located on this project. Regarding lot size he felt this is an isolated pocket from the Rosedale area and said he had no problem with the lot sizing because of the overall density and the fact that this is a senior citizen project. He felt the negative declaration is appropriate and saw no evidence that there are problems with ground water recharging. The facts have shown that because the Kern River Freeway Alignment is moved north the open space designation is appropriate. Less traffic will be generated because of the senior citizen factor and the lower density. He was concerned about this project being continued again and that it should be acted upon at this hearing. Commissioner Brady was concerned about the need to continue this item. He was also concerned about the need to have an exact trail location when it will be off-site and did not know how this could be accomplished. He felt flexibility was necessary and that the requirement that it be subject to approval by the Planning Director was sufficient to ensure it as long as the words "Offer to" were taken out and that the words "mUlti-purpose equestrian and hiking easement" were added with the balance of the condition to remain. Roger McIntosh stated his agreement with the changes to condition as proposed by Commissioner Brady. Regarding discussion concerning possible continuance, he stated he felt he and the applicant have offered sufficient conditions to mitigate concerns and would like to move forward with this proposal. Minutes, PC, 1/19/95 Page 10 Responding to question by Commissioner Brady, Commissioner Marino felt if the condition were added that the golf course will remain public indefinitely he would be satisfied. He was concerned about taking the open space buffer away. He disclosed for the Commission that he had met and discussed the project with Mr. Wheeler after the committee meeting's field trip. Commissioner Ortiz said he was given a small presentation by Mr. Wheeler. He was concerned about the open space in this situation being surrounded by residential units. He felt there were a lot of unanswered questions surrounding this project. He felt this project is what is needed for the community and stated his support for it. Responding to question by Commissioner Brady, Commissioner Hersh felt that some issues surrounding this project are being handled in a hurried manner. Commissioner Brady disclosed that he had met with Mr. Wheeler who outlined the project for him. Commissioner'Delgado agreed that a lot of issues still need to settled. He felt once the open space is gone it is gone for good. He felt more effort needed to be made to satisfy everyone's concerns and for this reason wanted this item to be continued to the next general plan meeting. Commissioner Marino said at the time it was decided that this item would be heard at this hearing the commission was told that all issues had been resolved, however significant opposition has come forth at this hearing. Discussion continued regarding the possibility of continuance versus acting on this item at this hearing. Commissioner Brady was satisfied that the condition suggested was sufficient to ensure a trail will be in place. Mr. Wheeler said he felt issues which could be resolved have been resolved. However, the capability of resolving every issue does not exist. He asked for a recommendation at this hearing. Responding to question by Commissioner Hersh, Mr. Wheeler said their intention is that this development be completed in 1996. Motion was made by Commissioner Brady, seconded by Commissioner Boyle to adopt resolution making findings, as set forth in staff report, approving the Negative Declaration and Exhibit "D" attached and approving the requested general plan amendment from Open Space and Estate Residential to Low Density Residential and Open Space-Parks, as shown on Exhibit "B" with conditions attached in Exhibit "A" with the following change: ~Minutes, PC, 1/19/95 Page 11 Planning Department Condition #12 amended to read as follows: 12. Dedicate a 20-foot wide multi-purpose equestrian and hiking easement from Allen Road at Rio Bravo spreading ground southerly to the Cross Valley Canal subject to approval of the Planning Director prior to issuance of a building permit for this project. Castle and Cooke will dedicate one acre and improve it as a "staging" area for equestrian uses not to exceed $30,000 subject to approval of the Planning Director prior to issuance of any building permit for phase 3. Inclusion of a condition as follows: The golf course will remain open to the public. Mr. McIntosh stated concurrence with conditions of the January 19, 1995 memo from the Public Works Department. and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Marino, Ortiz, Delgado NOES: Commissioner Hersh ABSENT: Commissioner Andrew Motion was made by Commissioner Brady, secOnded by Commissioner Boyle to adopt resolution making findings, as set forth in staff report, approving the Negative Declaration with Exhibit "D" attached and approving the requested zone change from an agriculture to a Planned Unit Development zone on 224.91 acres, as shown on Exhibit "C" with conditions as attached in Exhibit "E" and recommend same to City Council, with inclusion of the memos from the Planning Department and Public Works Department both dated January 19, 1995. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Marino, Ortiz, Delgado NOES: Commissioner Hersh ABSENT: Commissioner Andrew Minutes, PC, 1/19/95 Page 12 Motion was made by Commissioner Brady, seconded by Commissioner Boyle to adopt resolution making findings, as set forth in staff report, approving the Negative Declaration with Exhibit "D" attached and' approving the requested Amendment to the Kern River Specific Plan Line to reduce the right-of-way at the Jewetta Avenue Crossing to 210 feet, which will delete the expanded area needed for the grade separation and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Marino, Ortiz, Delgado NOES: Commissioner Hersh ABSENT: Commissioner Andrew 8. PUBLIC HEARING - PREZONING #5608 Staff report was updated. Mr. Gauthier referenced a January 19, 1995 memo from the Planning Director which was submitted to the Commission. Phyllis Gilli, 2329 McKee Road, said this annexation issue has come up previously and at that time she stated her opposition to it. She said she is still opposed to annexation. Responding to question by her, Mr. Grady explained the Residential Holding zone. Chairman Andrew explained the prezoning procedure, explaining that it is a prelude to annexation and is not annexation itself. Responding to issue raised with concern to possible increase in taxes, Mr. Grady said taxes would not increase with annexation. Wendell Nelson stated his opposition to his property being annexed into the city. Responding to question by him, Mr. Grady explained the annexation process being to adjust boundaries that the city will eventually grow into. Mr. Grady suggested that if time is needed to address concerns of property owners this matter could be continued. Bill Craddock stated he lived on the east side of H Street, south of McKee Road expressing concern regarding their need for sewer service considering they have paid their fees. Mr. LaRochelle explained the history of this situation saying a mobilehome park south of Panama Lane, east of South "H" is experiencing a tremendous problem with their septic system. He stated they asked to be included in the city sewer system, and this was allowed with the provision they would seek annexation in the future. He said if Mr. Craddock wants city sewer service he would need to pursue annexation. Mr. Hardisty said he was approached about meeting with the neighbors concerning annexation and sewer service, which he has committed to do. Minutes, PC, 1/19/95 Page 13 Motion was made by Commissioner Boyle, seconded by Commissioner Brady to continue this item to the regular meetings of January 30, and February 2, 1995. Motion carried. 9. PUBLIC HEARING - PROPOSED ORDINANCE AMENDMENT GRANTING THE PLANNING DIRECTOR AUTHORITY TO APPROVE STREET NAMES IN CONJUNCTION WITH TENTATIVE MAPS. 10. 11. Staff presentation was made at the Monday meeting. No update was given. pUblic portion of the hearing was opened; no one spoke in favor or opposition. Public portion of the hearing was closed. Motion was made by Commissioner Hersh, seconded by Commissioner Marino to make all findings set forth in the staff report, and to approve the proposed ordinance amendment to Section 16.28.130 as shown on the Exhibit "A" and recommend same to the City Council. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Delgado, Hersh, Marino, Ortiz, Andrew NOES: None COMMUNICATIONS A) Written None B) Verbal None COMMISSION COMMENTS A. Committees Commissioner Marino gave committee report concerning trails committee. Commissioner Boyle said a motion was made approving in concept location of staging areas at Mohawk, Calloway, Wegis and Railroad tracks and Stockdale Highway without identifying specific locations. Minutes, PC, 1/19/95 Page 14 Commissioner Boyle asked if location of staging area for Calloway Drive needed to be placed on the next agenda. Mr. LaRochelle said this would allow time concerning bidding of the Calloway Drive bridge. Mr. Grady responded to question saying a formal motion was not necessary to place this issue on the next agenda. Commissioner Hersh was concerned about the flow of last minute information. Chairman Andrew advised that a sign committee meeting would be held the following Wednesday. Commissioner Delgado said he was surprised at the amount of debate considering the amount of late information. 12. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 9:53 p.m. Laurie Davis Recording Secretary STANLEY GRADY, Secretary Planning Director