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HomeMy WebLinkAbout10/03/96MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held October 3, 1996 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. COMMISSIONERS: Present: STEPHEN BOYLE ROBERT ORTIZ WADE TAVORN JEFFREY TKAC MICHAEL DHANENS Absent: KENNETH HERSH DOUG DELGADO MATHEW BRADY ADVISORY MEMBERS: Present: LAURA MARINO, Assistant City Attorney MARIAN SHAW, Civil Engineer III JACK LEONARD, Assistant Building Director STAFF: Present: STANLEY GRADY, Planning Director MARC GAUTHIER, Principal Planner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary 2. PUBLIC S TA~F_MF_~T~S Jill Kleiss said they were informed after the fact of a meeting held September 19, 1996 regarding signage for the Marketplace Shopping Center, and they therefore did not attend. She asked that the Commission add to a future agenda a discussion as to whether or not proper notification was given to property owners with respect to this hearing. She cited a letter which was submitted to the city on September 1, 1995 from their attorney requesting advanced Written notice concerning the Marketplace. Gary Powell stated he represented concerned citizens of the Del Rio area regarding the proposed rezoning of property at the intersection of Stockdale Highway and Renfro Road. He stated their opposition, saying they are not opposed to it being developed under the existing zoning classification. He asked if any progress had been made with respect to the mitigation of schools and parks issues. Mr. Grady stated the answer to this question would be given at the time these items come up on the agenda because there has been no contact with city staff from Mr. Sarad. Mr. Powell asked if Mr. Sarad would continue his presentation at this hearing. Commissioner Boyle indicated a request had been received from Mr. Sarad for continuance to the next general plan amendment cycle. Mr. Powell stated they felt enough time had been given to Mr. Sarad 1 Minutes, PC, 10/$/96 Page 2 6.1 for presentation of his case and he asked that his plan be disapproved because of unanswered questions. He stated their feeling that the zone change and HMR portion of the project and the request to change the circulation is an ill-conceived idea because of the lack of employment and public transportation in the area. He also cited the approximately one acre portion at this site currently zoned R-2 asking if it would satisfy the Housing Element of the General Plan. He reminded the commission that there are over 600 signatures from neighbors in opposition to this project. He requested, on behalf of the residents in the area, that this project be denied. The chairman read the notice of right to appeal as set forth on the agenda. CON,SENT AGENDA ITEMS 1. Agenda Item #5. - Tentative Parcel Map 10365 2. Agenda Item #6.3) - Vesting Tentative Tract 5841 Motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz to approve consent agenda items. Motion carried. APPRO_VAL~)F MJNU~.S Motion was made by Commissioner Ortiz, seconded by Commissioner Tka¢ to approve minutes of the regular meeting held September 5, 1996. Motion carried. P_UBLE3J:JEAEING - 'EENJTA~E~J~,CE~ Approved as consent agenda item. ~ARING - VESTING T~VE_T~CT 541_8J~~) Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in opposition or in favor. Bob Smith, Sequoia Engineering represented the subdivider. He explained the long block situation saying because of the curved street and the dead end on the west side the traffic problems which exist with long blocks does not exist in this situation. He felt if they designed a street to comply with conditions it would create more traffic on the interior streets not allowing traffic to be moved toward collectors. He stated they have an alternative design to submit. Public portion of the hearing was closed. Minutes, PC, 10/3/96 Page 3 Commissioner Dhanens asked if an increase in traffic due to the applicant complying with the conditions of approval as stated by Mr. Smith had been evaluated. Ms. Shaw stated the traffic engineer had no objections to the additional connection between Cheyenne and Iroquois. Discussion continued regarding previous requests for longer block lengths. Commissioner Dhanens felt even with the curve in this street it would not prevent excessive rates of speed and he did not feel with the redesign the amount of traffic internal to the tract would be increased. Therefore he would make a motion to approve the tract as originally conditioned. Motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz to adopt resolution approving and adopting the Negative Declaration, and to approve Proposed Revised Tentative Tract 5418 with findings and conditions as presented in said resolution, (See attached Exhibit "1"), with the amendment to Unit 6 as presented at this hearing. Motion carried. 6.2 .P~JBLLCLHEA~ - F_~RACT 5762_~VISED) Chairman Boyle stated a request for continuance had been received. Public portion of the hearing was opened; no one spoke in favor or opposition. Motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz to continue this item to the regular meetings of October 14, and October 17, 1996. Motion carried. 6.3 P~JB [.I_CJ:~A[?~J~ -~/ES_TJ[~C:LTJ~I]~TJ~ £ TRACTL5~~) This item was approved as a consent agenda item. DE3'Ei~J~NA~QL, LO P__VYALVEENO~Eg~- Q63_4 Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in favor or opposition. Michelle LaMoine represented the applicant. Motion was made by Commissior~er Dhanens, seconded by Commissioner Ortiz to find the proposed covenant of easement for a 25-foot wide access easement along the southern portion of the project site is adequate for the purpose of access to lots 2 and 3 of PMW P96-0634 and that improvement of such access be deferred until development of each parcel, subject to the conditions listed in the memorandum from the Planning Director dated October 1, 1996. Motion carried. Minutes, PC, 10/3/96 Page 4 P~JBLIC HEARING - GENERAL PLAN AMENDMENT, ASSOCIATED REZONING AND CIRCULATION ELEMENT AMENDMENT GPA/ZC CASE NO. P96-0543 Mr. Grady stated a request had been received from the applicant requesting this matter be continued to the next cycle. No written information has been submitted indicating the two outstanding matters have been resolved. After a motion was entertained by the chairman to reopen the public hearing, motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz to reopen the public hearing. Motion carried. Steve Bushby was concerned about overloading the sewers in the area. He requested staff study this issue. Peter VanDyke stated he is a resident of the Del Rio area. He asked the commission insist that the applicant further define his project before burdening the area of additional traffic and other negative elements of a high density project. Colon Bywater stated the developer had not contacted North of the River Recreation and Parks District regarding park requirements as stated at the last hearing. Steve Hartsell, Kern County Superintendent of Schools, representing Rosedale Union and Kern High School Districts stated the applicant had not contacted their office regarding any of the issues brought up at the last hearing on this item. Commissioner Dhanens asked about options which exist for the commission. Ms. Marino stated since it is a legislative matter it may be approved, disapproved or continued. Discussion continued regarding these options. Commissioner Tavorn asked about a previous statement concerning there being another area within a one mile radius which is zoned R-2. Mr. Grady pointed out the multiple family dwelling zones on the map. Commissioner Tavorn asked regarding the sewer system if facilities are available to handle this type of development. Ms. Shaw stated the sewer situation was taken into account and conditions have been placed on this proposal which should address this issue. Commissioner Tavorn was concerned that the applicant did not come to this hearing to address parks and school issues and recommended that this application be denied, thereby requiring the applicant to file a new application. Commissioner Boyle asked if the application is approved would the applicant not be allowed to submit a new application for one year. Ms. Marino stated this was true for the zone change request. Another general plan amendment could be requested at the next cycle, however the same zoning could not be requested for a 12-month period. Discussion continued regarding the applicant's options. Minutes, PC, 10/3/96 Page 5 Motion was made by Commissioner Dhanens to drop Agenda Item #'s 8.1a, 8.1b and 8.1c from this general plan amendment cycle. Motion died for lack of a second. At the request of Commissioner Ortiz, Commissioner Dhanens repeated his previous motion. Commissioner Ortiz seconded the motion. Motion carried. Commissioner Tavorn voted no. A) ~A/ritten None B) erbal None 10. COM M~I~I_TL~ A. ~mm~tt~ Commissioner Dhanens stated the Ordinance Review Committee which is reviewing a proposed Hillside Ordinance would meet again on October 10th. Ms. Marino clarified this meeting would be held on October 7th. Commissioner Tavorn asked regarding Ms. Kieiss' comment concerning the lack of notification if this would need to be an agenda item so that it may be discussed. Ms. Marino said it would need to be added to the next agenda. Commissioner Tavom asked that this be made an agenda item for discussion. Commissioner Dhanens asked what the noticing procedure is for comprehensive sign plans. Ms. Marino said the notice requirement is only for the business and property owners within the project. COmmissioner Tavorn asked if the judge in the lawsuit case made any decisions concerning future noticing requirements in his ruling. Ms. Marino said there was no such decision. Minutes, PC, 10/3/96 11. 12. Page 6 DISCUSSION AND AC_TIO~I~DINGJ:~OS~I_O~ PR-E~ Mr. Grady gave a summary of items for the next agenda. Motion was made by Commissioner Dhanens, seconded by Commissioner Tavorn to cancel the next pre-meeting of October 14, 1996. Motion carried. ADJ_O U r N.MEN~__ There being no further business to come before the Commission, meeting was adjourned at 6:24 p.m. Laurie Davis Recording Secretary