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HomeMy WebLinkAbout08/04/94MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, August 4, 1994, 5:30 p.m., City Council Chamber, City. Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIOi~ERS: Present: JEFF ANDREW,. Vice Chairperson MATHEW BRADY JIM MARINO DARREN POWERS, Alternate Absent: STEVE MESSNER STEPHEN BOYLE DOUG DELGADO KENNETH HERSH ADVISORY MEMBERS: Present: JUDY SKOUSEN, City Attorney JACK LaROCHELLE, Engineer IV DENNIS FIDLER, Building Director STAFF: Present: STANLEY GRADY, Assistant Planning Director JIM MOVIUS, Principal Planner JIM EGGERT, Principal Planner JENNIE ENG, 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, 8/4/94 Page 2 4. PUBLIC HEARING - TENTATIVE PARCEL MAP 10101 Staff report recommending denial of the modification of lot width and frontage and approval of the tentative parcel map was given. Public portion of the hearing was opened at the Monday meeting; no one spoke in opposition at this time. Marc Pasquini said regarding the parking issue that he prepared a plan showing he can meet the requirement. He stated their reason for requesting 3 lots instead of two being that they want to construct three small homes and reduce the amount of drainage necessary. The cost will be very extensive; the cost would be reduced if three lots are allowed to be developed. He said a fourplex could be developed on the property, however is not their intent. Arlayne Mannings spoke stating her opposition to any type of apartment or rental unit in this area. She said she moved in this area because of the rural setting and its central location. She felt because of the design of the homes the area would not accommodate apartments. The apartments which do exist in the area have caused nuisances such as crime, drugs, increase in prostitution and robberies. · Marc Pasquini said it is their intent to construct single family residences on each of the parcels. Doug Fenwick represented the lending institution stating their intent was not to build apartments. They are not in the rental business. Public portion of the hearing was closed. Responding to question by Commissioner Powers, Ms. Mannings felt subdividing the lot would change the character of the community. Responding to question, Ms. Skousen, City Attorney said a restriction of single family dwellings on the lots would in effect be rezoning the property, saying she would be more comfortable if the formal steps of rezoning were taken. Mr. Grady said this is not the appropriate time to place this type of restriction on this map. Discussion continued regarding conditioning of this map. Commissioner Brady felt developers should be assisted in trying to develop lots in which surrounding development exists. Minutes, PC, 8/4/94 Page 3 Responding to-questions, Mr. Fidler said grading would need to be approved with the city. Commissioner Marino said the lot width requested would result in twice the size of the standard lot size. Responding to question by him, Mr. Grady said the modification could be conditioned so that if a single family dwelling unit is placed on the lot they would be allowed the reduction in lot size. Commissioner Marino felt justified in reducing the lot width to compensate for the lot depth and lot size of over 12,000 square feet. Ms. Mannings said a single family residence would be acceptable for the neighborhood. Ms. Skousen, Attorney said a finding could be made for the modification to restrict the use on this property to single family residences only, however she would feel more comfortable if this property were rezoned to single family residential. Commissioner Marino felt the modification would be necessary to encourage single family residential and would be justification for the granting of it, stating he would support the request. Motion was made by Commissioner Marino to make all findings set forth in the staff report, with the understanding that the modification to the 40-foot wide lots is, in the opinion of the commission, necessary to promote the single family residential character of the neighborhood, approve the request for the modification with the following condition: Each of the three lots shall be developed with single family dwellings only. approve Tentative Parcel Map 10101, subject to the conditions outlined in the Exhibit "A."' Lynn Edwards wished to speak. Responding to a question by him, Ms. Skousen said in the event an appeal were made to the Council, it would be appropriate that he abstain from voting. He agreed with comments made by Ms. Manning, saying they do not need anymore apartments. He stated his opposition to small lots, saying there are very deep lots in the neighborhood. He asked that the developers build quality homes on these lots. Chairman Andrew felt this is the lesser of the evils for those in the neighborhood. Minutes, PC, 8/4/94 Page 4 Commissioner Brady felt even though these are small lots it would be more beneficial to the neighborhood for single family homes to be constructed than apartments, and for this reason he would support this request. Lynn Edwards said the lots could be developed north/south rather than east/west and could be divided into 50-55 foot lots, stating this is another alternative. Responding to question by Commissioner Marino, Mr. LaRochelle said the minimum width of a flag lot is 20 feet and is a fire department requirement. Responding to question by Commissioner Marino, Mr. Fenwick said they had looked into the option of flag lots, however it would not be advantageous because. the homes that would need to be constructed would have to use conventional financing because of the lack of street frontage and would be difficult to sell. Commissioner Powers seconded the motion. Motion carried. Responding to question for clarification by Ms. Skousen, Mr. Marino said the intent of the motion was not to restrict the construction of a grannie unit. 5. PUBLIC HEARING - TENTATIVE TRACT 5770 Staff report was gix(en. Public portion of the hearing was previously opened. No one spoke in opposition or in favor. Roger McIntosh represented the property owner. He asked for a change to the memo of July 27, 1994 from the Public Works Department requesting that the requirement for construction of sidewalk be deleted, since the developer has . already constructed this sidewalk as a condition of approval for Tract 5386. Mr. LaRochelle was amenable to this deletion. Mr. McIntosh also asked for change to the end of this condition so that the end portion read as follows: "adjacent to the tract and extending to the centerline of Gandola Drive (the section line). Mr. LaRochelle stated the reason for the request being to create a physical barrier between the existing street and Brimhall. The general plan amendment for this property was specific about creating an area such that there would be no access. Mr. McIntosh said the easement is not a full 40-foot easement on the west side of the centerline but is an offer of dedication to the county on a portion. The city could easily install curb, gutter and sidewalk through the 40 feet which would act as a physical barrier to the intersection of Calloway. Mr. McIntosh stated their agreement with this. Mr. LaRochelle said this would be acceptable. Mr. McIntosh said Condition #22 should be deleted, since it is already addressed Minutes, PC, 8/4/94 Page 5 under Condition #5.i. Discussion continued regarding this condition. Mr. McIntosh said it was his understanding the city would construct all of Brimhall Road along both phases, of development, this being the case condition #22 is not necessary. He said he had spoken with Mr. Kloepper earlier in the week and he agreed to the city being responsible for realignment and stated this condition could be deleted. Mr. LaRochelle stated his agreement with this request based on the conversation with Mr. Kloepper. Public portion of the hearing was closed. Responding to question by Chairman Andrew, Mr. McIntosh was agreeable to waiving the 72-hour notice with a change to Condition #4. Discussion continued regarding right-of-way. Responding to question by Commissioner Marino, Mr. LaRochelle said the City would want to have the offer of dedication of the right-of-way in order to construct a barricade. Responding to question by Commissioner Marino, Mr. LaRochelle said he would be more comfortable if the Public Works Director were given discretion of waiving Condition #22. Mr. McIntosh said he had no problem with this as long as it is consistent with Condition #5.1. Motion was made by Commissioner Powers, seconded by Commissioner Marino to approve and adopt the Negative Declaration, to make all findings set forth in the staff report, and to approve Proposed Vesting Tentative Tract 5770 subject to the conditions outlined in the Exhibit "A," with the following modifications: Inclusion of Public Works Department memo dated July 27, 1994, with modifications to Condition #5.1 to read as follows: 5.1 construct wall, and landscaping along the south side of Brimhall Road per the Brimhall Road Specific Plan Line adjacent to the tract and extending to the line of Gandola Drive (the section line). Applicant shall construct, at applicant's cost, a temporary barricade from centerline to the west right-of-way of Gandola. Temporary barricade shall be maintained by the City until such time as the property to the west is developed.' Public Works Condition #22 shall be revised to add the following sentence to the end: The Public Works Director shall have the discretion to waive or modify this condition as long as it is consistent with condition #5.1. Minutes, PC, 8/4/94 Inclusion of Parks Division Exhibit "A" memorandum. Motion carried. 6. PRESENTATION BY PLANNING STAFF REGARDING REZONING OF Page 6 DOWNTOWN This item was discussed at the previous Monday meeting and there were no additional comments by staff. COMMUNICATIONS A) Written None B)' Verbal None COMMISSION COMMENTS A. Committees Mr. Grady Said a referral was made from the Council to the Commission with a committee needing to be formed and meetings.being scheduled. He asked that this be set up. Commissioner Marino said in minutes approved the previous Monday this committee was formed. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 6:55 p.m. Laurie Davis Recording Secretary ~Y~tary Assistant Planning Director