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HomeMy WebLinkAbout12/01/94MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, December 1, 1994, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue,.~Bakersfield, California. ' 1. ROLD CALL · COMMISSIONERS: Present: JEFF ANDREW, Chairperson DOUG DELGADO, Vice-Chairperson MATHEW BRADY KENNETH HERSH JIM MARINO ROBERT ORTIZ DARREN POWERS, Alternate Absent: STEPHEN BOYLE ADVISORY MEMBERS: Present: LAURA MARINO, Assistant City Attorney JACK LaROCHELLE, Engineer IV DENNIS FIDLER, Building Director STAFF: Present: JACK HARDISTY, Planning Director JIM MOVIUS, Principal Planner JIM EGGERT, Principal Planner MIKE LEE, 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, 12/1/94 Page 2 4.1 PUBLIC HEARING - TENTATIVE TRACT 5464 Commissioner Powers abstained from voting on this item because he is a resident of subject neighborhood. Staff report recommending approval was given. Public portion of the hearing was reopened; no one spoke in opposition or in favor. Mr. LaRochelle said Public Works Condition #7 was inadvertently placed on this approval and asked that it be deleted. Roger McIntosh represented the property owner. He agreed with previous public works recommendation regarding their condition #7. Regarding the requested wording on Building Department Condition #4 at the pre-meeting he concurred. He requested clarification or removal of Condition #5 of Planning Department concerning requirement to dedicate park land. He stated this has been accomplished. Mr. Hard!sty said if the condition has been met he would have no problem with its removal, however he could not substantiate it at this point. He suggested some conditional language be added. Mr. McIntosh was agreeable to this. Mr. McIntosh clarified the reason for resubdivision being that there is no market for the previous type subdivision. He said they are proposing to allow parking on one side of the street only because of narrow streets, coming up with approximately 44 parking spaces throughout the tract. Concurrence has been obtained from the Public Works Director regarding width of the streets. Regarding extraordinary amenities he cited construction of walls and security gates. He felt these items qualified as extraordinary amenities because they could help reduce crime. Mr. Hardisty offered the following language to be added to the beginning of Condition #5: "If not previously provided and confirmed by the Planning Director,". Public portion of the hearing was closed. Responding to questions by Commissioner Hersh, Mr. Hardisty said the number of lots for this tract are decreasing because the smaller ones previously approved are being enlarged, curbs, gutters and utilities have been installed. Minutes, PC, 12/1/94 Page 3 Mr. Mclntosh responded to question by Commissioner Hersh, saying they are proposing one side of the street be designated as a fire lane to be covered in the C.C.&R.'s which has been agreed upon by the fire chief. Mr. Hardisty responded to a question saying he felt parking would be adequate in this development. Commissioner Hersh did not consider the gating of the community an amenity, especially in light of the fact that the size of lots and width of streets has been reduced. Motion was made by Commissioner Marino, seconded by Commissioner Brady to make all findings set forth in the staff report, and adopt a resolution to approve Proposed Tentative Tract 5464 (Optional Design) (Revised) subject to the conditions outlined in the Exhibit "A," with the following changes: Deletion of Public Works Condition #7 Building Department Condition #4 to read as follows: Prior to recordation of a final map, an Acoustical study prepared by a qualified acoustical consultant or approval by the Building Director shall be provided to show that structures within the project area are designed to mitigate noise exposures to a level of 65db CNEL or less in exterior activity areas and 45db CNEL or less in interior living areas in accordance with the Noise Element of the 2010 General Plan. (Noise Element Policies Numbers 1 and 2) Planning Department Condition #5 to read as follows: If not previously provided and approved by the Planning Director, prior to filing of a final map the Subdivider shall either dedicate park land at a rate of 2.5 useable acres per 1,000 population, pay in- lieu fees, or a combination of both at the option of the City of Bakersfield. (BMC 15:80) Commissioner Brady stated he would support this project because of the increase in lot size. Chairman Andrew stated his support for the motion. Motion carried. Commissioner Hersh voted no. Minutes, PC, 12/1/94 Page 4 4.2 PUBLIC HEARING - TENTATIVE TRACT 5680 (REVISED) Staff report recommending approval was given. Responding to question by Commissioner Marino, Mr. Hardisty said the November 30, 1994 memo incorporated all recommended changes. *Commissioner Ortiz was seated. Responding to concern by Commissioner Ortiz, Ms. Marino said no testimony was taken at the previous hearing on this item, therefore he could participate. Public portion of the hearing was opened; no one spoke in favor or opposition. Staff report recommending approval was given. Roger McIntosh represented the property owner. He stated concurrence with Condition #6 of memo dated November 30, 1994. Regarding Condition #11 concerning school mitigation, he said they had a letter from Schools Legal Service stating agreement with this condition, he also stated his concurrence. He stated concurrence with Planning Condition # 12 and Building Condition No. 4 of this memo also. Regarding the memo of November 16, 1994 he said Condition #8 of Planning Department conditions recommended a 5-foot easement along the back of future commercial property. The commercial designation is not in place at this time because the property has not been annexed. He stated his objection to the requirement of an easement next to commercial property because the commission is allowing the commercial developer the right to disrupt the life of an adjacent residential property owner when the block wall needs to be constructed. He asked for elimination of this easement requirement. Responding to question by Chairman Andrew, Mr. Hardisty said the commission could require the block wall be constructed which would take care of the double- fencing problem. Mr. McIntosh felt this was not a viable commercial corner and may be changed to residential use which would cause a block wall to be built unnecessarily. Regarding Planning Condition #7, Mr. McIntosh requested it be revised saying a noise study had recently been completed based on traffic projections to the Year 2004. The acoustical consultant identified a setback from centerline of Calloway of 130 feet to the 65 decibel line which is approximately at the south line of Lot 82. He therefore asked that a condition be imposed so that if they can show through analysis that the 65 decibel contour line falls within this range and it can be mitigated by a wall up to this location. Minutes, PC, 12/1/94 Page 5 Mr. Hardisty said an acoustical analysis would be necessary to show that noise would not exceed the standards. He clarified the right to take the wood fence down would have to be established in advance so that a double-fence situation would not exist. Mr. McIntosh stated concurrence with wording that would require submittal of an acoustical analysis and mitigation to the 65 decibel contour. Public portion of the hearing was closed. Responding to question by Commissioner Marino, Mr. Hardisty said the current zone for the adjacent county property is agriculture. The city has amended the general plan for this property to commercial and prezoned it commercial. Regarding Planning Department Condition #7, Commissioner Marino proposed the following wording be added to the end: "The southern terminus of the wall may be shortened based on an acoustical study provided by the applicant and agreed to by staff." Mr. Hardisty said he would agree with the wall terminating at the southwest corner of Lot 82 if study is presented which would show that Lot 125 is not impacted by 65 decibel CNEL. Chairman Andrew was not in agreement with a 5-foot easement stating he would be comfortable with a 2 or 3-foot easement. Commissioner Marino said he would be inclined to leave the easement as 5 feet in case the adjacent property is developed commercial. Motion was made by Commissioner Marino, seconded by Commissioner Brady to make findings set forth in the staff report, and to approve Proposed Tentative Tract 5680 Revised, subject to conditions outlined in the Exhibit "A," and as amended by the Planning Director's memo and Public Works memo both dated November 30, 1994, subject to the following changes: Planning Department condition #7, sentence added at the end to read as follows: The southern terminus of the wall may be shortened to terminate at the southwest corner of Lot 82 based on acoustical study provided by the developer and agreed to by staff. Minutes, PC, 12/1/94 Page 6 Deletion of Planning Department Condition #8 - Responding to question by Commissioner Brady regarding the deletion of Condition #8, Mr. Hardisty agreed that if the original fence were wood, there could be the possibility of only 50 feet of block wall and a continuation of wood fencing. Commissioner Marino amended his motion to include the following finding: This is a situation in which double fencing is acceptable. Commissioner Brady seconded the amendment to the motion. Motion carried. PUBLIC HEARING - PROPOSED ORDINANCE AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE ADDING CHAPTER 17.25 (CENTRAL BUSINESS) ZONE DISTRICT AND AMENDING CHAPTER 17.26 (COMMERCIAL CENTER) ZONE DISTRICT Commissioner Powers said he would not participate on this item due to a possible conflict of interest. Commissioner Marino stated a conflict of interest because of an ownership interest in the downtown area, therefore did not participate on this item. Staff report recommending approval was given. Commissioner Brady -was concerned with regulating the definition of "art." Mr. Hardisty said the question would be what would be classified and accepted by the city as "public art." Commissioner Hersh asked that the words "public art" be used in place of the word "public artwork." Mr. Hardisty said the ordinance would be changed to reflect this. Motion was made by Commissioner Hersh, seconded by Commissioner Ortiz to adopt resolution based upon all the facts presented, making all findings set forth in the staff report approving the proposed text amendments as set forth in the project description, and recommend said approval to the City Council with the addition of the December 1, 1994 memo and comment regarding "public art work." Motion carried by the following roll call vote: Minutes, PC, 12/1/94 Page 7 AYES: Commissioners Brady, Delgado, Hersh, Ortiz, Andrew NOES: None ABSENT: Commissioners Boyle, Marino, Powers o WORKSHOP - DEPARTMENT ROLES IN THE REVIEW OF DEVELOPMENT PROJECTS Ted Wright, City Public Works Department, stated a handout had been submitted to the Commission entitled "Public Works Subdivision Processing." He stated he supervised the subdivision section consisting of 10 personnel, and gave information concerning their duties. He oUtlined the chart submitted stating public works gets involved in the conditioning of general plan amendments, zone changes and tentative maps. He gave information concerning requirements of drainage studies and grading plans, saying once these preliminary studies are approved they would move to the final map stage. He outlined the contents of street construction plans. He said landscape plans are no longer reviewed by his department, but are reviewed by the Parks Department and then are given to public works for signature of approval for work within the right-of-way. Once improvement plans, construction plans and the map are approved and signed the subdivision improvement agreement can be entered into allowing the map to be recorded prior to completing improvements. Final map is forwarded to the Council for their approval of the right-of-way. Once all improvements are completed within the tract and inspected by the city, a notice of completion is filed and is forwarded to the City Council, then occupancy is allowed., Responding to question by Chairman Andrew, Mr. Wright said processing time can take several months. Pat Hauptman, City Water Resources Department, stated his responsibility to review water plans for domestic water service of the city-owned system in addition to the city's interest in agricultural water. He stated he had submitted a package outlining what is looked for by the Water Department and conditions set by the Commission. He drew the commission's attention to the standards and specifications of the domestic water system. -Responding to question by Chairman Andrew, Mr. Hauptman said the water problems in the northeast with discoloration and odor is a system which is operated by California Water Service Company. He said the city's water system consists of areas primarily in the southwest and the Fairhaven system north of Rosedale and part of the Riverlakes Development. Minutes, PC, 12/1/94 Page 8 Mr. Hauptman responded to questions by COmmissioner Hersh, saying the State has set standards in the recent past requiring more stringent water quality standards which requires a larger use of chlorine. The city has an adequate water supply for growth in the city. Responding to question by Chairman Andrew, Mr. Hauptman said studies have been prepared concerning the comparison of water used for agriculturally zoned land a opposed to residentially zoned land and it is relatively the same. Responding to question by Commissioner Hersh, Mr. Hauptman said this is calculated on single family residential property and usage would be higher with multi-family zoned property. Henry Pacheco, Assistant Fire Chief, Fire Department gave presentation, stating Hazardous Materials Division, Fire Safety Control and Graphics division are involved in the site plan review process. He made reference to a list of items which was submitted to the Commission and outlined those items which the Fire Department specifically looks for. This list included location of hydrants, existing oil wells, existing pipelines and setbacks, emergency access, fire lanes, roofing requirements, street widths, provisions of uniform fire code and cul-de-sac turning radius. Responding to question by Commissioner Marino, Mr. Pacheco said if posted correctly either the Fire or Police Department can enforce illegal parking in fire lanes. Responding to question by Chairman Andrew, Mr. Pacheco felt the use of non- combustible roofing materials would become a State standard shortly. 7. COMMUNICATIONS A) Written Mr. Hardisty said a memo listing the general plan amendments to be heard at the next hearing had been submitted to the Commission. Responding to question by Chairman Andrew, Mr. Hardisty outlined some of the general plan requests. B) Verbal None Minutes, PC, 12/1/94 Page 9 8. COMMISSION COMMENTS A. Committees · Commissioner Hersh stated a subdivision committee meeting had been held on Tuesday, November 29, 1994. A propoSal has been developed after input from the community and building industry which will be discussed within a joint meeting with the Council. After this time some sort of resolve will be presented to the Commission. 9. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 7:20 p.m. Laurie Davis. Secretary Plannin ary