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HomeMy WebLinkAbout10/06/94MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION ~ OF THE CITY OF BAKERSFIELD Held Thursday, October 6, 1994, 12:15 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: STEVE MESSNER, Chairperson JEFF ANDREW, Vice-Chairperson STEPHEN BOYLE MATHEW BRADY ' DOUG DELGADO KENNETH HERSH JIM MARINO DARREN POWERS, Alternate ADVISORY MEMBERS: Present: LAURA MARINO, Assistant City Attorney FRED KLOEPPER, Assistant Public Works Director DENNIS FIDLER, Building Director STAFF: Present: JACK HARDISTY, Planning Director STANLEY GRADY, Assistant Planning Director MIKE LEE, Associate Planner JIM EGGERT, Principal planner ISABEL WILLIAMS, Recording Secretary Commissioners BradY and Messner were absent from the Monday pre-meeting, however they both reviewed tapes of the meeting, therefore are eligible to participate in tonight's hearings. PUBLIC STATEMENTS Jerry Marquis Submitted a speaker's card. He wanted to speak on Agenda Item #4. He stated that the situation has not changed, they are still asking for R-2 zoning, and asked the Commission not to change any of the Planning Commission recommendations. Minutes, PC, 10/6/94 Page 2 Cindy Scully also submitted a speaker's card for Agenda Item #4. She made three specific points; 1) The requirements of the exception to the one year non- application period have not been shown by Mr. McIntosh's letter; 2) This request has been in front of the City Council in August~of this year, where it was amicably denied; and 3) Notice with respect to significant changes in Bakersfield neighborhoods. Kate Rosenlieb also submitted a speaker's card for Agenda Item #4, and also submitted written comments of which she read a portion of her comments into the record. Chairman read the notice of right to appeal as set forth on the agenda. CONSENT AGENDA ITEMS 1. Agenda Item #5 - Determination of Adequate Access (Parcel Map Waiver 22-94. 'Commissioner Powers abstained due to conflict of interest. 2. Agenda Item #7 - Tentative Tract 5767. Public hearing was opened. There was no one present to speak either in favor or opposition. Public hearing was closed. Motion Was made by Commissioner Hersh to approve Agenda Items'5 and 7. Motion was seconded by CommiSsioner Marino, and carried. REQUEST FOR 'CONSIDERATION OF RE-APPLICATION FOR A ZONE CHANGE ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WHITE LANE AND MOUNTAIN VISTA DRIVE..(Roger McIntosh, Martin- McIntosh) Commissioner Boyle determined that one of the "cc's" on Mr. Mclntosh's letter is an active client of his firm. Commissioner's Brady and Powers stated they also have a conflict of interest. Staff report recommending denial was given. Minutes, PC, 10/6/94 Page 3 Chairman Messner stated he did not feel that the public interest is being served, and did not see the grounds to waive the non-reapplication period. Chairman Messner recognized Greg Polubinsky who represented Martin- McIntosh. Commissioner Hersh commented he did not see any change in this application, and therefore could not vote in the applicant's favor. Commissioner Marino commented he could make the finding that the public interest would be served by waiving the non-reapplication period. He further stated' that Ms. Rosenlieb made some good suggestions as to the types of zoning for this piece of property. Commissioner Andrew commented that just recently there was another offer made on that property from another develOPer to do a single family gated community with a small Low Density apartment site to help offset the cost of this, and would support a motion on this with a cap of a lower density. Commissioner Delgado commented that the applicant will have an opportunity to present his change in March, and agrees with staffs recommendation. Motion was made by Commissioner Delgado to make findings set forth in the staff report and deny the request to waive the non-reapplication period. Motion was seconded by Commissioner Hersh. Chairman Messner asked for a roll call: AYES: Commissioners Delgado, Hersh, Messner NOES: Commissioners Andrew, Marino ABSTAINED: Commissioners Boyle, Brady, Powers o WALL AND LANDSCAPE PLANS (Martin-Mcintosh representing Castle & Cooke) Staff report was given recommending approval. Chairman Messner recognized applicant's representative, Greg Polubinksy. Mr. Polubinsky asked that Conditions 3 and 4 be amended. Condition 3; applicant post a bond for the sump wall in lieu of installation. Minutes, PC, 10/6/94 Page 4 Building Director Fidler asked that the words, "prior to issuance of first permit for area adjacent to the sump" be added. Commissioner Marino asked for clarification from Dennis Fidler as to where the wording should be added. Dennis replied that it should be inserted after Tract 5428, "or bonded for and completed prior to occupancy." Mr. Polubinsky commented that there is one dwelling that has been constructed and occupied. Dennis replied that the wording "prior to any further occupancy" could be added. Assistant Planning DireCtor Stanley Grady stated it was his understanding that this wall was suppose to be put in originally with Tract 5428 and was deferred to go in with the commercial piece on the corner and now they want to defer it even further by pOsting a bond for it. The appropriate time to put the wall in would be now and not to defer it indefinitely. Mr. Polubinsky asked that in Condition #4, the words "with a community level identification monument" be deleted. Commissioner Hersh referred to the Project Analysis portion of the staff report and commented that he likes the way that Tenneco installed sidewalks years ago, and they look rather nice, and asked why the applicant wants to change. Mr. Polubinsky replied that his client would like to make the landscape strip 10 feet wide in conformance with the rules and regulations for the landscape width for White Lane as an arterial and for the easement. Commissioner Hersh commented this is a reduction in what was approved originally, and did not feel this should be approved. Chairman Messner commented that it is unfortunate to see a wall and landscape plan-be reduced to minimum.city Standards. Commissioner Marino commented he was disappointed to see the reduction in landscaping, but a standard is a standard. Minutes, PC, 10/6/94 Page 5 Motion was made by Commissioner Marino to approve the Seven Oaks revised conceptual wall and landscape plans for the north side of White Lane, dated 6/15/94 subject to the conditions of approval in Exhibit "A" with the change to Condition #3, "Wall and landscaping for the sump fronting the north side of White Lane adjacent to Stockdale High School shall be constructed to match existing masonry wall, adjacent to Tract 5428, or bonded for and completed prior to any further occupancy within Tract 5428 and construction completed prior to any building permit on the 3.53 acre multi-family site to the east of the sump. Condition #4, "The masonry wall shall end at the northwest corner of White Lane and Old River Road." Motion was seconded by Commissioner Brady, and carried. Commissioner Hersh voted no. PUBLIC HEARING - TENTATIVE TRACT 5767 (Simpson-Vancuren) This was heard under Consent Agenda Items. PUBLIC HEARING - ZONE CHANGE 5558 Applicant requested a continuance to the November 3, 1994 meeting. Chairman Messner waived the staff report. Public hearingwas opened. Motion was made by Commissioner Marino to continue this hearing to the November 3, 1994 meeting, and seconded by Commissioner Hersh. Motion carried. SIGN ORDINANCE AMENDMENT Staff report was given by Principal Planner, Jim Eggert. Commissioner Boyle stated he had a conflict of interest because he represents the auto mall. Commissioner Brady also abstained to due conflict of interest. Public hearing was opened. There was no one present to speak either in favor or opposition. Minutes, PC, 10/6/94 Page 6 Motion was made by Commissioner Hersh to adopt resolution, based upon all the facts presented and making all findings set forth in the Staff report approving .the text amendments as contained in Exhibit "A". Motion carried by the following roll call vote: AYES: Commissioners Andrew, Delgado, Hersh, Marino, Messner ABSTAINED: Commissioners Boyle, Brady 10. la & b). PUBLIC HEARING - GENERAL PLAN AMENDMENT 3-94 SEGMENT VIII (CUESTA ENGINEERING FOR WEST KERN CORPORATION) AND ZONE' CHANGE #5561 Commissioner Marino was not present at the meeting of September 15, 1994, therefore he was ineligible to participate in this hearing. Staff report recommending denial was given. Public hearing was Opened. Bill Russell, spoke in opposition to any proposed commercial in his neighborhood. Bill Hluza, spoke in opposition to the proposed zone change. Maurice Etchechury with Cuesta Engineering represented West Kern Corporation. He stated that they sent out notices and held a meeting with the neighbors, however after an hour, they could not come to an agreement. He also made a presentation with a map showing potential dwelling units and the number of lots represented on the petition that the neighbors submitted. Cheryl Stancliffe, resident spoke in opposition. She indicated there are an additional four commercial sites; on the south side of Stockdale Highway, one fourth mile west.of Renfro, and on the corner of Jenkins and Renfro, and two corners of Rosedale and Renfro which adds up to at least nine commercial zones within a two mile radius of this proposed zone change. Public hearing was closed. Minutes, PC, 10/6/94 Page 7 Commissioner Brady commented that when living on the edge of town, it is going to change, whether it is residential or commercial, it will not stay that way. In driving around' the area, Commissioner Brady noticed there were not grocery stores and commented that the corner of Stockdale and Gosford would be an appropriate location for commercial rather than the present location on Renfro. He also stated that the 2010 Plan is not set in stone, and that it was designed to be changed, he therefore supports the swap being proposed. Chairman Messner stated he did not find problems with the existing site, even if there is still some uncertainty as to the freeway alignment, he was willing to support the project at this time. Commissioner Hersh stated that in looking at the area, there is a considerable amount of commercial along. Stockdale in one concentration. He did not think . that the corner is proper for commercial and could not find enough reason that any change should be made until the decision on the freeway alignment is made, _ and go with staffs recommendation. Commissioner Boyle stated that he questions whether now is the time to make a change in the area. With not knowing where the freeway alignment will be or the off ramp will be, therefore he would support staff's recommendation, and vote to deny this in hopes that a year from now we will have a better idea of what the development for this area may be, based upon the traffic pattern. COmmissioner Andrew Stated that commercial should be located at Stockdale Highway. If this was approved by the Commission, that the developer work with the people that would be fronting across the street from the site. Maurice EtchechUry commented they inquired with two appraisers as to their opinion Whether the land would be decreased, and they did not feel there would be a decrease to the six residential units that back up to Stockdale Highway. .Commissioner Andrew commented that he was in favor of moving the commercial site to the corner. Alternate Commissioner Powers commented that arterial to arterial is the best location for commercial services, not mid-block. He has looked at Kern River Freeway alignment and the study does not show an off ramp nor do they intend on putting an off ramp at Renfro Road, so the viability of the site on Renfro is not there, and supports the applicant's request. Minutes, PC, 10/6/94 Page 8 Motion was made by Commissioner Hersh to adopt resolution making findings as set forth in the staff .report approving the Negative Declaration and denying the requested change from GC (General Commercial) to LMR (Low Medium Density Residential. > 4 and _~ 10 dwelling units per net acre) on Parcel 1; and change from LR (Low Density Residential, _~ 7.26 dwelling units per net acre) t GC (General Commercial) on Parcel 2, and recommend same to City Council. Motion was seconded by Commissioner Boyle, and carried by the following roll call vote: AYES:' Commissioners Boyle, Delgado, 'Hersh, Messner NOES: Commissioners Andrew, Brady, Powers ~ ABSENT: Commissioner Marino ~'~Motion was made by Commissioner Hersh to adopt resolution making findings as set forth in the staff report approving the Negative Declaration and denying the requested change from C-1 (Neighborhood Commercial) to R-1 (One-Family 'Dwelling, 6,000 square foot minimum lot size) on Parcel 1, and change from R-1 i(One Family Dwelling, 6,000 square foot minimum lot size) to C-1 (Neighborhood Commercial) on Parcel 2, and recommend same to City Council. Motion was seconded by Commissioner Boyle, and carried by the following roll call vote: J ' AYES: Commissioners Boyle, Delgado, Hersh, Messner NOES: Commissioners Andrew, Brady, Powers ABSENT: Commissioner Marino' PRESENTATION BY CITY ATTORNEY'S OFFICE ON FACTS, FINDINGS AND EVIDENCE ON THE RECORD Assistant City Attorney, Laura Marino gave a brief presentation on facts, findings and evidence. She indicated there must always be facts to support any findings made or any decision made, and it must be on the record and the time the decision is made. All administrative action require findings, legislative such as zone' changes and general plan amendments do not necessarily have to have findings, however those are included because they need to be shown on the administrative record what the decisions are supported by. They must also be supported by substantial evidence. Such evidence is typically contained in the staff report, written and oral testimony, studies and exhibits which must be incorporated into the administrative record, and shall include facts. Substantial evidence can include observations of lay persons if supported by evidence tending to show the observations are reliable. Commissioner Brady asked 'if he could rely on another Commissioners comments about what he sees. Minutes, PC, 10/6/94 Page 9 Laura Marino replied that reliable observations can be used as substantial evidence. 13. Planning Director Hardisty stated that these presentations will be available in notebook form once the workshops are completed, and will be given to the Commission. COMMUNICATIONS A) Written Mr. Hardisty presented Commissioner Messner with a plaque for his three and one half years of service. ,' B) Verbal Commissioners Andrew, Marino, Powers, Brady, Hersh and Delgado also gave their good-byes. Commissioner Messner gave his thanks. COMMISSION COMMENTS A. Committees Commissioner apprised Commission of the Zoning Ordinance Committee minutes indicating that the community was not prepared to discuss their problems, and any sort of approach to modifications or anything else. Therefore, the Zoning Ordinance Committee should disband at this time. Commissioner Hersh commented that the Commission is not here to make a deal between ~he public and an applicant. That is up to them. We as Commissioners talk about zoning, and ordinances. Minutes, PC, 10/6/94 Page 10 ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 7:50 p.m. Isabel Williams J Secretary nning