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HomeMy WebLinkAbout07/07/94MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, July 7, 1994, 5:30 p.m., City Council Chamberl City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: Absent: STEVE MESSNER, Chairperson JEFF ANDREW, Vice Chair. person MATHEW BRADY STEPHEN BOYLE DOUG DELGADO KENNETH HERSH JIM MARINO DARREN POWERS, Alternate ADVISORY MEMBERS: Present: LAURA MARINO, Assistant City Attorney JACK LaROCHELLE, Engineer IV DENNIS FIDLER, Building Director STAFF: Present: STANLEY GRADY, Assistant Planning Director MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary 2. PUBLIC STATEMENTS After filling out a speaker's card Mr. Art Powell spoke stating his opposition to GPA 2-94 Segment V, Casa Loma Specific Plan Amendment and the zone change. He was opposed to the construction of apartments on this site due to safety reasons, the crime associated with apartments for this area, and the detrimental effects it would have on his business. Commissioner Brady said he was of the understanding the public portion would be reopened on this item in order to discuss the conditions. Ms. Marino said this could not be done, however could be renoticed if the commission wishes to take additional input. Commissioner Marino said he was under this impression also. *Commissioner Boyle was seated at this time. Chairman read the notice of right to appeal as set forth on the agenda. Minutes, PC, 7/7/94 Page 2 3. CONSENT AGENDA ITEMS 1. Agenda Item #4.1 - Change of Conditions - Tentative Tract 5666 2. Agenda Item #4.2 - Change of Conditions - Tentative Tract 5688 Commissioner Andrew said he would abstain from voting on the consent agenda because he was involved in the sale of property for Agenda Item #4.2. Commissioner Delgado stated a conflict of interest on Agenda Item #4.2 because he represents clients involved in the purchase of a portion of subject property, he therefore abstained from voting on the consent agenda. Ms. Marino stated someone was present to speak in Agenda Item #4.2 and asked that it be taken offthe consent agenda. Chairman Messner removed this item. Motion was made by Commissioner Marino, seconded by Commissioner Hersh to approve consent agenda consisting of Agenda Item #4.1. Motion carried. Commissioners Andrew and Delgado abstained because of conflicts of interest. 4.1 PUBLIC HEARING - CHANGE OF CONDITIONS - TENTATIVE TRACT 4.2 5666 Approved as consent agenda item. PUBLIC HEARING - CHANGE OF CONDITIONS - TENTATIVE TRACT 5688 In response to a question by someone in the audience, Mr. Lee, staff planner stated it was requested that the reservation of a drill island be eliminated. Public portion of the' hearing was closed. Responding to question by Commissioner Hersh, Mr. Grady gave information concerning mineral rights owners. Commissioner Marino said he had missed the staff reports on the first 2 items and therefore listened to the tapes. Motion was made by Commissioner Marino, seconded by Commissioner Hersh to make all findings set forth in the staff report, and to eliminate the requirement for a two acre drill site reservation as a condition of approval on tentative tract 5688. Motion carried. Minutes, PC, 7/7/94 Page 3 4.3 PUBLIC HEARING - CHANGE OF CONDITIONS - TENTATIVE TRACT 5762 o Commissioner Andrew abstained because of a conflict of interest in that he was involved in the sale of subject property. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition or in favor. Donna Thompson stated she is a registered Geologist and had performed a geological evaluation of Tentative Tract 5768 which is located about 300 feet to the east of this tract. Because of the proximity they felt the same conclusion that there is no likelihood of commercial oil production for this parcel either. Public portion of the hearing was closed. Responding to question by Commissioner Hersh, Ms. Thompson said there has been no activity in the area since 1988. Motion was made by Commissioner Hersh, seconded by Commissioner Marino to make findings 1 and 2 as recommended by the staff report and approve the request for 'waiver of signatures. Motion carried. Commissioner Andrew was absent because of an abstention. PUBLIC HEARING - ZONE CHANGE 5569/TENTATIVE TRACT 5673 Staff report recommending denial was given. Public portion of the hearing was opened. Jill Kleiss represented the Southwest Community Action Committee stating their concerns that the applicant wishes again to avoid abiding by the change in the amenity ordinance. She said a PUD allows for a certain density and should not allow for further revisions. The applicant agreed to the parks and off-street parking in order to obtain approval of the PUD in the first place. She felt they should honor their original agreement. Approval of this would set a precedent of not recommending an amenity and allowing tracts with no open spaces. Regarding Silver Creek Park she said this was the applicant's decision to construct and should not be used in place of the parks which were required for this subdivision. She felt it would be used as a bargaining chip for all future developments in this area. Regarding Mr. McIntosh's comment that narrow streets would make for more cautious driving, she was concerned about the need for wide streets for fire department access. Regarding shorter setbacks she said Minutes, PC, 7/7/94 Page 4 this would cause shorter driveways. She submitted photos of a development in the vicinity depicting the need for off-street parking. She felt this development offers the bare minimum with respect to landscaping. She urged the Commission to require the off-street parking and the park. Roger McIntosh represented the property owner. Regarding Public Works Condition # 1 he said some of the lots have slightly less than 35 feet of frontage. It was approved in the previous tract. The current map contains basically the same layout without the recreational facilities and parking locations. Mr. LaRochelle said they would be amenable to some slight modifications. Mr. McIntosh asked if it could be subject to approval of the City Engineer. Regarding Building Department Condition #5, he said it is contrary to a condition by the Planning Department which requires a 6-foot high block wall. He gave history of the fence saying they have had problems with those responsible for the canal saying they would like to maintain the chainlink fence and they would like to erect a wood fence for aesthetic purposes. Regarding staff's concern about noise, noise studies have been conducted and it was found that a block wall would not mitigate noise coming from an elevated position. Discussion continued between Mr. McIntosh and Commissioner Marino regarding amendment of Public Works Condition # 1. Regarding Mr. McIntosh's request about the fencing, Mr. Grady Said the block wall was required to be continued through this project from the adjoining project for aesthetics and noise attenuation. He said he was not aware of a noise study which Mr. McIntosh referenced and would continue to recommend the continuation of the block wall. Mr. McIntosh asked for revision of Condition #3 of Exhibit "C" to read as follows: "A minimum 13-foot rear yard setback shall be observed except adjacent to Spring Creek Loop and Harris Road, except on those lots required to have 23- foot front yard setback." Regarding Condition #4 of Exhibit "C" regarding 45 degree airspace diagonal he said the developer has established 15-foot wide landscape easements in addition to 6 feet of landscaping behind the sidewalk along the collector. They are already proposing to go beyond the minimum requirement and to place this requirement on the project would preclude them from placing some of the units along Harris Road and Spring Creek Loop. He asked for deletion of this condition and that the proposed setbacks as shown on the plan be approved. Mr. Grady said staff is referencing a setback that identifies usable rear yard space, the applicant is referencing 31 feet which is the distance between the structure and street the majority of which is not usable space to the property owner. Staff's concern with the 45 degree diagonal cutoff is to provide usable rear yard space. If the front yard setback is to be shortened with sizeable structures being placed on smaller lots, this will result in substantially Smaller rear yards especially along the collector. Minutes, pC, 7/7/94 Page 5 Mr. McIntosh said with a 10-foot rear yard minimum required on all lots he did not feel there would be a difference between homes on the interior or those backing up to Spring Creek Loop. Public portion of the hearing was closed. Chairman Messner said due to the Commission by-laws even though he listened to the tape he would not vote on this item because it is not legally required. Responding to question by Commissioner Boyle, Mr. Grady said the 45 degree airspace diagonal would serve both purposes of eliminating the tunnel effect and increasing the size of the back yards. He also stated if Mr. McIntosh is prepared to agree to a minimum 10-foot rear yard setback it would give a greater distance than the 45 degree diagonal cut-off, and the condition requiring this cut-off could be deleted. Mr. McIntosh said the ordinance requires 25-foot rear yard setbacks in the R-1 or 20 percent of the depth of the lot whichever is less. In cases where not more than 45 percent of the lot area is b4ing covered it can be reduced to 5 feet. A 45 degree diagonal would not affect any of the single story units; there is enough room for a 10-foot setback. Responding to question by Commissioner Brady, Mr. McIntosh said the amenities being proposed for elimination would be approximately 65 percent of the association fees. Regarding alternate locations for parking lots, Mr. McIntosh said they had a problem with only one location as recommended by staff that being Lot 91, asking that it be placed on Lot 90 which is immediately north. Commissioner Brady said he is in support of the revision as long as the parking spaces are left in. He felt the streets were wide enough and along with the setbacks did not feel there would be a tunnel effect problem, therefore he would not be in favor of the 45 degree diagonal. He did not feel it made sense for those living in this subdivision to live across the street from a park such as Silver Creek and pay extra to have their own smaller parks. Commissioner Marino stated agreement with proposed change to Public Works Condition #1. Regarding the chainlink fence he felt it would be consistent with what has been required in the past, stating his agreement with deleting Planning Condition #11 Building Condition #5 to remain. Regarding Condition #3 of Exhibit "C", he asked if it were changed to require a minimum 10-foot Setback would it be acceptable. Mr. Grady indicated it would. Commissioner Marino said he would like to see a block wall adjacent to parking areas. He' said with the proposed changes he would support the project. Minutes, PC, 7/7/94 Page 6 Commissioner Delgado said he would not support th'e project because he did not see any innovation in this design other than the utilization of small lots in a "Z" lot configuration. He felt because these are starter homes it is important to provide for the needs of these families. Responding to question by Commissioner Hersh, Mr. Lee explained the safety issue as it relates to angled driveways and approaches. Commissioner Hersh felt because of the size of Silver Creek Park it would service this subdivision. He did not feel requirement of the masonry wall was too much to ask. He said the PUD and optional design allows the developer to go below the minimum standards and certain amenities and design features should be given in exchange. He did not feel this project was innovative. He stated he would not support this request. Commissioner Boyle felt this type of development is a logical successor to condominiums. He said in driving through a similar type development all parking lots were used and the swimming pool and tot lot were utilized. There is no room in subject development for children because of the size of the back yards and the narrowness of the streets.- He felt a majority of these homes are a great distance from the Silver Creek Park. He felt the project is not consistent with the municipal code, insufficient open space exists, public safety concerns exist and that some open space is necessary for this project. He said he would support this in its original condition, however would not support this modification. Responding to question by Commissioner Andrew, Commissioner Delgado said he was told the association fee for the amenities Was about $65. 'Commissioner Andrew .said he is in favor of more larger parks. He felt the amenity of providing "Z" lots justifies this project. He said he has supported projects in which amenities were much further away than in this case. He said he would be willing to support a motion in favor of this project. COmmissioner Brady felt those who would be purchasing in this subdivision 'would be young families or Older couples; those that could least afford to pay extra for parks. : ~ . Motion was made by Commissioner Marino, seconded by Commissioner Andrew to make all findings set forth in the Exhibit "B" and to approve Proposed Revised Tentative Tract 5673 (Optional Design) subject to the conditions outlined in the Exhibit "A" with the following changes: Public Works Condition #1 to read as follows: Lots fronting on cul-de-sacs or knuckles shall be subject to approval by the Public Works Director with no lot having less than 33 feet of frontage. Minutes, PC, 7/7/94 '- Page 7 Addition of the following Planning Department conditions 8. and 9. from the July 6, 1994: o Prior to approval of final development plans, the parking area plans shall demonstrate compliance with minimum City requirements including Sections 17.34, 17.53.061 and 17.58 of the Bakersfield Municipal Code and the requirements of the Subdivision Design Manual. o Motion failed The developer shall provide a minimum of 40 off-street parking spaces on a minimum of 5 lots per staff recommendation as shown on the Exhibit "D" or alternative locations as approved by the Planning Director. The parking lots shall be designed to City standards and submitted for review and approval with the final development plans. to carry by the follOwing roll call vote: AYES: Commissioners Andrew, Brady, Marino NOES: Commissioners Boyle, Delgad0, Hersh ABSTAINED: Commissioner Messner Motion was. made by Commissioner Marino, seconded by Commissioner Andrew to make all findings set forth in Exhibit "B" of the staff report and adopt a resolution to approve Zone Change #5569, and recommend same to the City Council, with the following changes: Addition of conditions of approval of Exhibit "C" of the staff report, with the following changes to those condition: Deletion of Condition #4. Condition #3 to read as follows: A minimum 10-foot rear yard setback shall be observed. Motion failed to carry by the following roll call vote: AYES: Commissioners Andrew, Brady, Marino NOES: ABSTAINED:. Commissioners Boyle, Delgado, Hersh Commissioner Messner *5-minute break was taken at this time. Minutes, PC, 7/7/94 Page 8 6.1 PUBLIC HEARING - ZONE CHANGE 5558 Chairman Messner stated a written request had been received frOm the applicant for a 30-day continuance on this item. Staff report was waived. Public portion of the hearing was opened. Duane Hilton wished to speak, stating his residence is on the southeast corner of Real Road and Elcia Drive. He was concerned about the current traffic situation and the possibility of it worsening. He asked if an additional stoplight was proposed to the south of the existing one. Mr. LaRochelle said it was his understanding that there was a proposed traffic signal just south of the Freeway 58 and Real Road intersection. This is a concern of CalTrans and the reason for. 'the request for continuance. Motion was made by Commissioner Marino, seconded by Commissioner Hersh to continue this item to the regular meetings of August 1, and August 4, 1994. Motion carried. 6.2a. PUBLIC HEARING - ZONE CHANGE 5559 6.2b FINAL DEVELOPMENT PLANS - ZONE CHANGE #5559 Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in opposition. Mr. Wilson stated some of the conditions make reference to their property being adjacent to State Route 178 and this is not the case. He asked that those conditions (Public Works Condition #'s 5, 9, 11, 12, 15) be deleted. Mr. LaRochelle did not know of any other vehicle in which to ensure these improvements would be accomplished. He said it was brought to their attention that this is adjacent to a 178 right-of-way that needed widening which staff has not had sufficient time to review. Ms. Marino said this is information the applicant has had for quite some time and has not brought to staff's attention until recently. This item should be continued so that staff can evaluate this information. Mr. Wilson said the property was Clearly delineated on the tentative tract map which was submitted. He stated he has not had sufficient time to review conditions and work with staff. MinUtes, PC, 7/7/94 Page 9 Responding to question by Commissioner Boyle, Ms. Marino said since the property within 300 feet of subject property is owned by a client of his law firm he should declare a conflict of interest. For this reason both Commissioners Boyle and Brady abstained because of a pOtential conflict of interest. Motion was made by Commissioner Marino, seconded by Commissioner Delgado to continue these items to the regular meetings of July 18, and July 21, 1994. Jim Childress, developer of subject property said regardless of what is done with the 40-foot strip, a strip which cannot be improved exists. Motion for continuance carried. 7. PUBLIC HEARINGS - GENERAL PLAN AMENDMENT 2-94 AND ASSOCIATED REZONING Staff report. was updated. Commissioner Brady asked about the applicability of the California Public Utilities Code to this project. He asked who were the operators of the airpark. Ms. Marino said it was the City. She responded to questions by him, saying at the present time an airport land use commission does not exist. He quoted the finding regarding minimizing the public's exposure to excessive noise and safety standards. He asked if a comprehensive land use plan had been provided. Ms. Marino said a comprehensive land use plan exists which may have been formulated by the. land use commission in place at the time. The law allows for a land use commission or that the City Council may take over those duties. Responding to question by Commissioner Brady, Mr. GradY said reference to Section 21675 could be taken out of findings without changing the substance. Mr. Brady said a reason given under this code section for revoking a permit is that the site may no longer be safely used by the general public because of a change in physical or legal conditions either on or off the airport site. Therefore, he asked if this airport is subject to the Public Utility Commission's permit process is the Commission potentially creating a change in physical or legal conditions which could result in the pulling of the permit to operate. Mr. Grady responded that he did not have an answer to this question and that it should be kept in mind that staff did not recommend approval of this project. Responding to question by Commissioner Brady regarding the adoption of airport noise standards by the State, Mr. Grady said he did not feel these standards were reviewed in preparing conditions of approval for this project. Minutes, PC, 7/7/94 Page 10 Mr. LaRochelle responded to question by Commissioner Brady regarding avigation easement, saying the intent of the condition is to ensure the vehicle is in place to require the easement which would be a height limitation in the project area and an overflight easement. Discussion continued regarding noise levels, Mr. LaRochelle said no noise limits have been spelled out. Ms. Marino stated her concerns that this item was not brought back as a public hearing, but was brought back so that findings could be made to support a decision which was previously made. She was concerned information was being elicited that should be done in a public hearing. Commissioner Brady felt this issue is very complex and the Commission does not have all of the information necessary. Commissioner Hersh felt if a safe zone is necessary around the airpark it should have been accomplished at this time. He agreed a lot of questions exist, however did not feel there was any initiative taken on the part of the airpark. Mr. Fidler reiterated comments previously made by Larry Jamison, saying he was not in favor of this project. · Commissioner Andrew felt this is not the time to worry about a safe zone since a school and park already exist. Regarding the noise issue those moving next to the airport should already be aware of it. Motion was made by Commissioner Andrew, seconded by Commissioner Hersh to adopt resolution making findings as set forth in the memo dated June 27, 1994, approving the Negative Declaration and approving the requested HMR (High Medium Density Residential) land use designation, and recommend same to City Council, subject to conditions outlined in Exhibit "A". Commissioner Marino stated he would be more comfortable with the following changes: Finding #8 amended to read as follows: Approval of the project as mitigated and conditioned will provide for the orderly expansion of the airport and will minimize the public's exposure to excessive noise and safety hazards within the area around the airport. Amendment to Planning Condition #2 of Exhibit "A" to reference Bakersfield City School District. Minutes, PC, 7/7/94 Page 11 Mr. LaRochelle asked for amendment to Condition #9 as follows: Developer to record an avigation and overflight easement in favor of, and approved by, the City of Bakersfield prior to any land division approval or development permit approval. Commissioner Merino asked for the following change: Resolution, Page 2, Item #15 amended to read as follows: That the required avigation and overflight easement will help minimize land use conflicts between the airport and this residential development. Commissioner Andrew amended his motion to include these changes. Commissioner Merino felt there were conflicting directives of protecting the airpark and providing affordable housing. Commissioner Brady asked if there was any ability to add notice provision in the lease so that residents of the apartments would kn°w that they cannot file suit against the city because of noise. Mr. Grady stated this would be difficult to enforce. Commissioner Brady felt zoning is the process which allOWs incompatible uses to be kept away from each other and this is the opportunity to accomplish this. He said he would continue to oppose this project. Commissioner Merino stated he had the same concern about placing residences in a buffer zone. Commissioner Delgado felt this comes down to a safety issue, and there is nothing that can be done about the existingpark, school and church, however something can be done about placing this residential project on subject property. He stated his concern about the safety issue. Motion carried by the following roll call vote: AYES: Commissioners Andrew, Boyle, Hersh, Messner NOES: Commissioners Brady, Delgado, Merino Minutes, PC, 7/7/94 Page 12 Motion Was made by Commissioner Andrew, seconded by Commissioner Hersh to adopt resolution making findings as set forth in the memo dated June 27, 1994 approving the Negative Declaration and approving the requested 5.2 (Medium Density Residential) land use designation/zone change, and recommend same to City Council with the same changes as outlined in the previous motion for approval of general plan amendment. Motion carried by the following roll call vote: AYES: Commissioners Andrew, Boyle, Hersh, Messner NOES: Commissioners Brady, Delgado, Marino 8. RIVERLAKEs RANCH/UNIBELL SPECIFIC PLAN AMENDMENT 2-94 9.1 Commissioners Brady, Boyle and Marino abstained due to conflicts of interest. Chairman Messner stated a request for cOntinuance to the August 1, and August 4, 1994 meetings had been received. Public portion of the hearing was opened. Motion was made by Commissioner Hersh, seconded by Commissioner Andrew to continue this item to the regular meetings of August 1, and August 4, 1994. Motion carried. Commissioners Marino, Boyle and Brady were absent because of conflicts of interest. GENERAL PLAN CONSISTENCY FINDING FOR PROPOSED ACQUISITION OF PROPERTY BY THE PANAMA-BUENA VISTA UNION SCHOOL DISTRICT FOR DEVELOPMENT AS AN ELEMENTARY SCHOOL SITE. commissioner Andrew 'abstained due to a conflict of interest because he has sold property to the current property owner. Commissioner Delgado abstained because he represents a client who is negotiating purchase of property across the street from subject site. Staff report recommending approval was given. Motion was made by Commissioner Boyle, seconded by Commissioner Hersh to make a finding pursuant to Government Code 65402, that the proposed acquisition of the subject 10-acre site by the Panama Buena Vista School District, located on the south side of Harris Road approximately one-half mile west of Stine Road, is consistent with the general plan. Motion carried. Minutes, PC, 7/7/94 Page 13 9.2 GENERAL PLAN CONSISTENCY FINDING FOR PROPOSED SALE OF SURPLUS PROPERTY LOCATED ON THE SOUTH SIDE OF WHITE LANE BETWEEN SOUTH "H" STREET AND HUGHES LANE. 10. 11. Staff report recommending approval was given. Motion was made by Commissioner Hersh, seconded by Commissioner Andrew to make a finding pursuant to Government Code 65402, that the proposed sale of the existing surplus City-owned parcel to an adjoining landowner is consistent with the Metropolitan Bakersfield 2010 General Plan. Motion carried. COMMUNICATIONS A) Written None B) Verbal None ' COMMISSION COMMENTS A. Committees Commissioner Hersh stated concerning the last Subdivision Committee meeting that the committee was still pondering over the 80 percent rule and it was suggested by Commissioner Brady that the committee invite members of the development community to attend the next meeting to provide input. Commissioner Andrew said the sign committee discussed the directional signs at the last meeting and are going to postpone next months' meeting and meet in two months to give staff time to write a draft resolution reflecting changes the committee may wish to discuss. Minutes, PC, 7/7/94' 12. Page 14 ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 8:35 p.m. Laurie Davis Recording Secretary ~~tary Assistant Planning Director