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