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HomeMy WebLinkAbout11/17/94o MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, November 17, 1994, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: JEFF ANDREW, Chairperson STEPHEN BOYLE MATHEW BRADY DOUG DELGADO KENNETH HERSH JIM MARINO Absent: DARREN POWERS, Alternate 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 MARC GAUTHIER, 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 Agenda Item #6. - General Plan Consistency Finding, northeast corner of 15th and "G" Streets. Motion was made by Commissioner Hersh, seconded by Commissioner Marino to approve consent agenda. Motion carried. Minutes, PC, 11/17/94 Page 2 4. PUBLIC HEARING - TENTATIVE TRACT 5680 (REVISED) Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in favor or opposition. Roger Mclntosh represented the property owner. He requested continuance on this item because a condition was placed on the tract with respect to school fees and memorandum of understanding between the applicant and school district. He stated the MOU may not be necessary and has created a complicated situation. Motion was made by Commissioner Marino, seconded by Commissioner Hersh to continue this item .to the regular meeting of December 1, 1994. Motion carried. 5. PUBLIC HEARING - PREZONING 5602 Staff report recommending approval was given. Public portion of the hearing was opened. Responding to request by Chairman Andrew, Mr. Hardisty further explained the purpose of this hearing. Stacy Zimmerman, 4124 De Ette Avenue, represented herself and neighbors. She said they have fought this annexation in the past and will continue to fight it. She stated concerns regarding the loss of keeping of animals upon sale of her property, regulation on the number of dogs and cats which can be kept, the parking of large trucks and horse trailers, the possibility of increase in taxes. She submitted a petitiOn with 3 signatures in favor of annexation, 174 in opposition, 1 who had no opinion. She asked that this item be denied. She stated they are happy living in the county and with county services. Responding to question by Commissioner Brady, Mr. Hardisty said the zoning goes with the property and would be the same if the property were sold. Ms. Zimmerman said they were told that they would be allowed to keep their animals, however in the case of the property being sold the new owner would not. Mr. Hardisty stated this was not true. Commissioner Hersh asked if at any time the zoning of this area could be changed forcibly. Mr. Hardisty said zoning is subject to change and could theoretically be changed against a property owner's will. This is also the case in county areas. Minutes, PC, 11/17/94 Page 3 Ed Pixler, 5913 Stacy Street, spoke stating he did not feel the keeping of animals is the only issue, the larger issue being that they do not want to be annexed into the city. Responding to question by him, Mr. Hardisty said if residents testified that they wished more restrictive zoning to be placed on this area it would be an option of the Commission, however the proposal is not for more restrictive designations. He said whether or not this area is annexed is completely up to the residents of the area. Barbara Fraley, 3917 De Ette Avenue, said they moved from the city limits to the county because-they wished to be part of the county. She was concerned the situation with her husband's business which is run from their shop would have to change with annexation. She stated they could not afford to install sewer lines, sidewalks and lights. She felt the most important issue is that they wish to stay in the county. Dennis Greer, 5800 Stacy Street, spoke. He said when purchasing their property they specifically wanted to live in the county and wishes to stay in the county. Sharon Bedford felt this was an intrusion into their lives, stating she wanted government out of her life. Public portion of the hearing was closed. Responding to questions by Commissioner Brady, Mr. Hardisty said if a business is legally operated in the county it would be allowed to continue upon annexation. Regarding the parking of large vehicles, Mr. Hardisty said the city does not allow the parking of big rig trucks on residential property. Commissioner Marino recalled previous hearings concerning this item, saying the city would not have jurisdiction in this neighborhood until such time as an annexation was completed. The city has adjusted its ordinance to be more compatible with the county's with respect to the keeping of animals. Ms. Zimmerman was concerned about residents not being able to pay assessments and possibly losing their homes. Mr. Hardisty said the assessment districts were voted in by a majority of residents. The city does not assess for lights. Some of the same assessments are charged in the county. If the residents want sidewalks they have the right to vote for or against them. The city cannot impose these additional assessments unless they are voted in. The city currently provides fire services to this area. Minutes, PC, 11/17/94 Page 4 Commissioner Marino said in analyzing tax assessment for this annexation, the difference between what is paid in the county and city was about $16 more per year. He said this zoning without the annexation could not affect the residents. He stated he would not support staff's recommendation because of the overwhelming opposition to annexation. Responding to questions by Commissioner Boyle, Mr. Hardisty confirmed that upon annexation street lights would become the obligation of the city and sidewalks would only be assessed upon the residents if the majority voted in favor of it or if it were part of a community development block grant project they would be installed by the city. The same being true for sewers. Residents are allowed one large animal per quarter acre and could be allowed 4-H project animals under an exception. Commissioner Boyle clarified the residents cannot be annexed into the city without an affirmative vote of the majority of the residents in the area.. The purpose of prezoning is so that if the annexation passes the issue of zoning is already addressed. He urged the Commission to approve this prezoning. Mr. Hardisty responded to comments by Ms. Bedford giving information concerning the annexation process and the protest hearings. Responding to questions by Commissioner Hersh, Mr. Hardisty said areas surrounding this neighborhood contain a combination of some being built in the city and some in the county. Commissioner Hersh said he generally feels that as the city grows county islands should be incorporated. He said he had a problem with perpetrating an uncomfortable feeling within this community, stating he did not want the suburban residential flavor lost. He stated he would not support the recommendation. Chairman Andrew agreed that this is just a prezoning and not an annexation. It is streamlining to allow the process to be quicker in the case of annexation. He stated he would support the recommendation. Commissioner Marino did not feel taxes would increase, or that the residents could be forced into an assessment district or annexation. The only right that would be lost would be parking of a diesel truck on residential streets. He recognized that the neighborhood wanted to be left alone and that there was overwhelming support to stop this annexation. Therefore he could not see the justification in forwarding this issue to the city council and asking the neighborhood to come to another hearing. Minutes, PC, 11/17/94 Page 5 Responding to comments by a speaker, Mr. Marino said the neighborhood overwhelmingly voted in favor of an assessment district for a park in the neighborhood. Commissioner Delgado viewed this request as a procedural move on'the city's part to consolidate county islands. Motion was made by Commissioner Delgado, seconded by Commissioner Boyle to adopt resolution making findings as set forth in staff report, approving the Negative Declaration and approving Prezoning No. 5602 to the zoning of R-S (Residential Suburban), and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Boyle, Brady, Delgado, Andrew NOES: Commissioners Hersh, Marino ABSENT: Commissioner Powers 6. GENERAL PLAN CONSISTENCY FINDING - PROPOSED SALE OF SURPLUS REAL PROPERTY LOCATED AT THE NORTHEAST CORNER o OF 15TH STREET AND "G" STREET Approved as consent agenda item. ADOPTION OF A POLICY REGARDING NOISE ANALYSIS ON RESIDENTIAL SUBDIVISIONS. Staff recommended adoption of a resolution waiving individual noise analysis for each new typical subdivision. Analysis would still be required near freeways and railroads or airports and other complex noise generators. Mr. Gauthier stated letters had been received from the Building Industry Association and James K. Delmarter in support. Responding to question by Commissioner Marino, Mr. Fidler said tracts previously approved but not recorded would be subject to their conditions of approval. Motion was made by Commissioner Marino, seconded by Commissioner Hersh to adopt resolution setting forth the requirements outlined in the memo of October 26, 1994 as new policy for noise element compliance for residential tracts. Motion carried. Minutes, PC, 8. o 10. 11/17/94 Page 6 ELECTION OF VICE CHAIRMAN Commissioner Brady made a motion to nominate Commissioner Marino as vice- chair. Motion died for lack of.a second. Commissioner Delgado made a motion to nominate Commissioner Hersh as vice- chair. Motion died for lack of a second. Motion was made by Commissioner Marino, seconded by Commissioner Hersh to nominate Commissioner Delgado as vice-chair. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Hersh, Marino, Andrew NOES: None ABSENT: Commissioner Powers ABSTAINED: ' Commissioner Delgado COMMUNICATIONS A) Written None B) Verbal Mr. Hardisty gave information concerning the appointment of Robert Ortiz to the Commission. COMMISSION COMMENTS A. Committees Commissioner Hersh said a meeting of the subdivision committee had been held the previous week and a new draft of the ordinance would be available shortly. Chairman Andrew reminded those members that a sign committee would be held on the 4th Wednesday of the month. Minutes, PC, 11/17/94 11. Page 7 ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 6:25. p.m. Laurie Davis ~ nP~AD~rDe cl~0~ecretary