Loading...
HomeMy WebLinkAbout05/02/96MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, May 2, 1996, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. COMMISSIONERS: Present: KENNETH HERSH, Chairperson DOUG DELGADO, Vice-Chairperson STEPHEN BOYLE MATHEW BRADY ROBERT ORTIZ WADE TAVORN JEFFREY TKAC Absent: MICHAEL DHANENS Alternate ADVISORY MEMBERS: Present: STAFF: Present: LAURA MARINO, Assistant City Attorney JACK LaROCHELLE, Engineer IV DENNIS FIDLER, Building Director STANLEY GRADY, Planning DirectOr JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary 2. PUBLIC STATEMENTS Ron Brummett, Executive Director of the Kern Council of Governments spoke regarding the proposed Kern River Freeway stating the California Transportation Commission took action to take $40 million from the City of Bakersfield. He said they also provided CalTrans with policy direction to proceed diligently with the route adoption study. He expected the project to be fully funded and constructed by the Year 2005. Responding to question by Commissioner Hersh, Mr. Brummett said if a city can put money up to match State money they have a greater voice. He agreed to coming back to the Commission and give an update on the Amtrak Station so long as it does not fall on the first Thursday which is when his board meets. Minutes, PC, 5/2/96 Page 2 Responding to question by Commissioner Brady, Mr. Brummett said the $40 million was to be used for right-of-way purposes. Responding to question by Commissioner Brady, Mr. Brummett said all State legislators were contacted and requested to be at the meeting if possible. He stated he was contacted by Assemblyman Harvey who could not attend and Senator Costa provided a representative at the meeting who made some comments and submitted a letter. Assemblyman Harvey's office also submitted a letter. He stated they did not have a ranking indicating priority of projects, however in their regional transportation plan it specifically states the Kern River Freeway is their #1 priority project. When the 1998 study is prepared projects will be ranked in that document. Commissioner Brady emphasized his feeling that effort should be made to coordinate with everyone involved to ensure that funds are made available for the Kern River Freeway project. Responding to questions by Commissioners Brady and Commissioner Boyle, Mr. Brummett said during the 5 year time frame in which county minimums are calculated, Kern County is shown to be a surplus county. The State wants a project that is ready for construction, even though it may not be a number one priority. He emphasized that the city and county need to work with CalTrans District 6 to complete the route adoption study on Route 58 so that this project can be moved to a point of deliverance as viewed by the State. There is about 8-12 months work to get it to this point. Mr. Brummett responded to question by Commissioner Brady, saying Kern COG does not have the ability to move funds from project to project; they only have the ability to recommend that it be done. The approval lies with the Transportation Commission, with both Kern COG and CalTra0s agreeing that it is necessary. Mr. Bummett stated he would be willing to come back to the commission in the future to address any transportation concerns the commission may have. Chairman read the notice of right to appeal as set forth on the agenda. 3. CONSEN~GENDA ITEMS 1) Agenda Item #6.2 - Tentative Parcel Map 9784 Responding to question by Commissioner Brady, Mr. Grady stated the applicant had agreed in writing to all conditions of this parcel map with the inclusion of the memo dated April 29, 1996 addressing public works conditions. Motion was made by Commissioner Brady, seconded by Commissioner Hersh to approve consent agenda with the addition of the April 29, 1996 memo from the Public Works Department. Motion carried. Minutes, PC, 5/2/96 Page 3 o ELECTIONX)F_CHAIRPERSON AND VICE-CHAIRPERSON ~ Commissioner Ortiz nominated Commissioner Hersh as Chairperson. Commissioner Delgado declined the nomination of chairperson stating he has been content as vice chairperson. Commissioner Brady nominated Commissioner Boyle as Chairperson. The following are votes cast for election of Chairperson: Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Delgado - Vote cast for Ortiz - Vote cast for Tavorn - Vote cast for Hersh - Vote cast for Tkac - Vote cast for Brady - Vote cast for Boyle - Vote cast for Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Hersh Hersh Hersh Hersh Boyle Boyle Boyle Commissioner Commissioner Commissioner Cormnissloner Commissioner Commissioner Commissioner Commissioner Delgado received the majority of votes. PI/BL~G - TErCEL_MAP [03D9__ Staff report, recommending approval was given. Public portion of the hearing was opened; no one spoke in favor or opposition. Delgado Abstained Ortiz Vote cast Tavorn Vote cast Hersh - Vote cast Tkac - Vote cast Brady - Vote cast Boyle - Vote cast for Commissioner Delgado for Commissioner Delgado for Commissioner Delgado for Commissioner Delgado for Commissioner Delgado for Commissioner Delgado Commissioner HerSh received the majority of votes. Commissioner Hersh nominated Commissioner Delgado as Vice-Chairperson. The following are votes cast for election of Vice-Chairperson: Minutes, PC, 5/2/96 Page 4 6.1 6.2 7.1 Harold Robertson represented the applicant. 'He stated their concurrence with staff recommendation and memo revising conditions. Public portion of the hearing was closed. Motion was made by Commissioner Boyle, seconded by Commissioner Ortiz to adopt resolution, making all findings set forth in the staff report, and to approve Proposed Tentative Parcel Map 10309 subject to the conditions outlined in the Exhibit "A" and addition of the memo dated May 2, 1996 from the Public Works Department. Motion carried. PUBLIC HEARING - EXIE~ TI -MF_,~TE~TATIhLE~M?~CEL~I2LP~5_7_ Staff report recommending approval was given. Public portion of the .-hearing was opened; no one spoke in favor or opposition. Roger McIntosh represented the applicant stating concurrence with recommendation outlined in the staff report. Public portion of the hearing was closed. Motion was made by Commissioner Ortiz, seconded by Commissioner Delgado to adopt resolution making all findings set forth in the staff report, and to approve a one- year extension of time on Tentative Parcel Map 9757, to expire April 15, 1997, subject to the conditions outlined in Exhibit "A." Motion carried. EUBLIC_HEARIBI_G - EXTE]gSiON OF TIME - TENTATIVE PARCEL3,IAP 978_4. Approved as consent agenda item. ~LI~J~k~I~G - ~XTENSION OF TI~SED~TENTATIVE TRACI A request for continuance had been received from the applicant on this item. Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in opposition or in favor. Motion was made by Commissioner Brady, seconded by Commissioner Ortiz to continue this item to the regular meeting of June 6, 1996. Motion carried. Minutes, PC, 5/2/96 Page 5 7.2 7.3 P_UBLIC HEARING - EXTENSION OF TiME~E TRACI_5_6_78 (PHASE Staff report recommending approval was given. Public portion of 'the hearing was opened; no one spoke in opposition or in favor. Roger Mclntosh represented the property owner stating his concurrence with the staff report. Responding to question by Commissioner Boyle, Mr. Lee explained what would be done with the towerline easement. Mr. Grady stated these easements are controlled by P.G.&E., and there is no plan to develop them for any purpose in the future. Commissioner Boyle said he would like to see the city find something to do with these vacant strips of land in residential areas. Public portion of the hearing was closed. Motion was made by Commigsioner Brady, seconded by Commissioner Ortiz to adopt resolution and to make all findings set forth in the staff report, and to approve a one- year extension of time to expire on April 20, 1997 on Tentative Tract 5678, Phase E subject to conditions outlined in the Exhibit "A." Motion carried. PUBLIC HEARING - EXTENSIO35I_OF TIME - TENTATlYff_dERACI_5_4~6 Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in favor or opposition. John Bolinger represented the applicant stating their concurrence with conditions of the staff report. Public portion of the hearing was closed. Motion was made by Commissioner Delgado, seconded by Commissioner Ortiz to adopt resolution and to make all findings set forth in the staff report, and to approve a one-year extension of time to expire on April 17, 1997 on Tentative Tract 5446 subject to the conditions outlined in the Exhibit "A" with the addition of the April 26, 1996 memo. Motion carried. Minutes, PC, 5/2/96 Page 6 o o E~RING~ ~NIATIVE~TRAC_T_5fiS0 (PHASF_~) Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in favor or opposition. Roger Mclntosh represented the property owner stating concurrence with the staff report and memo dated April 25, 1996. Public portion of the hearing was closed. Responding to question by Commissioner Delgado, Mr. Grady stated the access issue is addressed by the Fire Department. There have been no comments received from them indicating access is a problem. Motion was made by Commissioner Boyle, seconded by Commissioner Delgado to make all findings set forth in the staff report, and to approve Second Revised Vesting Tentative Tract 5680, subject to the conditions outlined in the Exhibit "A," including the revision recommended in the Planning Director's April 25, 1996 memo. Motion carried. ~NSi~DIN G-_ACQJSISITIO~OPERT Y L O_C A T F_JXS_O_~X ~ ~OtLT]t X )_ E B_UR LI ]SLGID]S[ NORTHERN~ukNI IN~EOR EXPANS~~~~~N YARD~ No new information was added to the staff report. No one spoke in favor or opposition to this request. Responding to question by Commissioner Delgado, Mr. Grady felt the standard practice for acquisition of land is to prepare an appraisal. Mr. Grady clarified for Commissioner Brady that the commission is simply voting on the issue of whether this is consistent with the general plan and has nothing to do with whether the commission feels it is the appropriate action to take. Motion was made by Commissioner Brady, seconded by Commissioner Ortiz to make a finding pursuant to Government Code Section 65402, that the proposed acquisition of the site by the City for compatible use and development is consistent with the Metropolitan Bakersfield 2010 General Plan. Motion carried. Minutes, PC, 5/2/96 10. Page 7 ~UBLICHF~RING - GENERAL PLAN AMEND2x&EBIX]~9~-0289 -- AMENDING ~ ~ ~~tfflLITAN. BAKERSFIELD 2010 GElsLERAL~LAN_B35 E_PL~S~TINDJ~ST INCORPORATED IN THEKERN RIVER PARKWAY PLAISt/EIR (TABLEB-3) AND TQESTABLISH A PROTOCOL FD O~_2~LT_3~.I T~E PARKWAY. Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in opposition. Rich O'Neil represented the Kern River Parkway Committee. He stated they had submitted a letter and asked for the commission to support staff's recommendation. He Submitted photos of Oak trees that have successfully grown throughout the city. He proposed that Oak trees be used as evergreen substitutes within the river corridor and phasing out of redwood, sand palms and incense cedar because they don't represent the character and identity of the community and river corridor. It was never the intent of the Kern River Parkway EIR to have these on the list. He felt the removal list they are proposing is a compromise. He stated their agreement with the protocol issue, however was concerned that public comments is not handled until Step 5. He stated trees are currently being planted by the city which are not on the list. Bill Cooper, Parkway Committee, submitted photos and stated they support a formalized protocol, however want the topic of idea evaluation by the committee to be at the top level. He asked the commission to support staff's recommendation so that some of the difficulties the committee has been facing can be eliminated. Cosma Kolb, Native American Heritage Preservation Council of Kern County felt the environment needs to be looked at as it relates to their heritage. Arthur Unger, Kern-Kaweah Chapter of the Sierra Club felt only trees that were originally growing on the Kern River should be planted, however they support the compromise that has been made. Ellen Cypher stated she has a PHd in plant ecology and is an active member of the California Native Plant Society. She stated she supported the goals of the Kern River Parkway Committee and felt it important to plant only native riparian species in the Kern River corridor because they are adapted to growth along rivers in the southern San Joaquin Valley. She urged the commission to adopt the recommendation of the staff report. Thomas McCabe spoke in favor of staff's recommendation. Minutes, PC, 5/2/96 Page 8 John Sweetzer submitted a letter in favor of staff's recommendation, however felt the addition of California Box Elder and Sandbar and Willow have serious drawbacks which he outlined in the letter/ He said he would like to see the Torrey Pine tree included on the list. Public portion of the hearing was closed. Responding to question by Commissioner Brady concerning Exhibit "B" - protocol, Mr. Grady gave a listing of committee members. Commissioner Brady felt if this is to be adopted as part of the ordinance it needed to be specified who the committee consists of. Terry McCormick responded to question giving an example of a' minor project being replacement of dead or vandalized trees. Commissioner Brady felt the definition of a "minor project" needs to be specified. Mr. Grady discussed the appeal process for this item with the commisSion. He stated this item would be something for the committee to define as what would be considered a minor project and applying the definition to the protocol. Commissioner Brady stated his support for the Exhibit "A," however felt the protocol needs more work. Commissioner Boyle felt in order to encourage local groups to plant trees the committee ought to come up with a series of pre-approved projects ranging from 5-20 trees so that a group can have pre-approved options. He felt appeal should be based on rejection of an application for any reason. Responding to questions by Commissioner Ortiz, Ms. McCormick said there are approximately 3,000 trees in the Kern River Parkway area of which trees in the natural area are trimmed primarily for safety reasons and trees in the landscaped areas are trimmed for mowing accessibility. Motion was made by Commissioner Brady, seconded by Commissioner Ortiz to adopt resolution making findings, as set forth in the staff report, approving General Plan Amendment Case No. P96-0289, by amending the Kern River Parkway Plan by revising the Master Planting List as shown on Exhibit "A." Motion carried by the following roll call vote: AYES: NOES: Commissioners Boyle, Brady, Ortiz, Tavorn, Tkac, Delgado, Hersh None Motion was made by Commissioner Brady, seconded by Commissioner that the protocol for review of proposed landscape plans as shown on Exhibit "B" shall be referred to an appropriate committee for further study and review to be brought back to the Commission in the future for further amendment to the Kern River Parkway Plan. Motion carried by the following roll call vote: AYES: NOES: Commissioners Boyle, Brady, Ortiz, Tavorn, Tkac, Delgado, Hersh None Minutes, PC, 5/2/96 Page 9 lt. C APIT AL_IMPARDX.EM_E~IS P ~I~G~ RM ~ O.!hI~ZY ~_]J~ PLABIiSI.~G COJEIMISSION~OFA2_~WITH THE_GE]SERAL~ SPECiFiC_ELAIgS Presentation was given by Public Works staff. Responding to questions by Commissioner Brady, Mr. LaRochelle described the pavement monitoring system and how pavement resurfacing made it on the list. He explained the new pavement management system to be used. The list- which exists at this time will more than likely change when the new system is in place. A futuristic analytical approach will be taken on a per street basis. Commissioner Brady was concerned about future circulation problems if some of the current situations are not taken care of at this time. He stated for the record that he felt a city should maintain its roads and to the extent that the Council can make road maintenance a higher priority they should do so. Concerning the Circulation Element · of the general plan, Chapter 3, Items 20-23 with respect to designating and constructing freeways he asked for input concerning the State's decisions affecting land acquisition and freeway right-of-way funding. Mr. LaRochelle gave information concerning monies available for freeway acquisition stating the decisions of the CTC has no bearing on our local capital improvement budget. Mr. LaRochelle responded to question by Commissioner Brady, saying he did not feel more funds needed to be set aside through the capital improvement budget to replace those removed by the state. The funds were not removed but were postponed for two years. Responding to question by Commissioner Tavorn, Mr. LaRochelle said approximately $2 million per year is brought in from the traffic impact fee as it currently exists . Seven percent of the total $47 million is proposed for improvements to be funded out of the traffic impact fee monies. He reminded the commission that traffic impact fees can only be used for those projects on the traffic impact fee list. Traffic impact fee money cannot be used for existing problems. The funding summary includes projects which need to be done within the next five years in which funds are not earmarked. Responding to question by Commissioner Hersh, Mr. LaRochelle explained the regional impact fee list as opposed to the local impact fee list, stating existing road maintenance has sources of funding. He explained monies earmarked for remediation of ash at the landfill in the northeast portion of the city. Minutes, PC, 5/2/96 Page 10 Motion was made by Commissioner Brady, seconded by Commissioner Ortiz to find the 1996-2001 proposed Capital Improvements Program Budget consistent with the general and specific plans. Motion carried. 12. COMMUNICATIO2~ A) ~xitten None B) Eerbal Mr. Grady stated the Hillside Ordinance meeting which was rescheduled at the last meeting to May 14, 1996 needs to be rescheduled if the Commission intends to hold a pre-meeting because a Subdivision Committee meeting is already scheduled for the 14th. Discussion continued regarding this, Mr. Grady stated the chairman of the meeting could be contacted (Commissioner Dhanens) to either make arrangements for another date or for cancellation. Mr. Grady 'stated the matter of the Kern River Parkway landscaping protocol was referred to committee and Chairman Hersh would need to establish this committee. Responding to inquiry by Chairman Hersh, Commissioners Tkac, Delgado and Boyle agreed to serve on this committee and were appointed by Chairman Hersh. Mr. Grady also stated a vacancy on the Sign Committee exists due to Commissioner Andrew's departure from the Commission. Mr. Hersh appointed Commissioner Delgado to the Sign Committee. 13. CDMMIS SIOBI _COMME~_S Commissioner Boyle felt it would be beneficial if members of the Commission could attend Kern COG's meetings when issues affecting the City arise with respect to their body. He asked if there was advisability in requesting the City Council to change Planning Commission meeting dates sometime in the future. He suggested a change to the second and fourth Thursday's. Ms. Marino said the meeting dates are set in the by- laws and she would check to see if they are also in the ordinance. She felt it would simply take an amendment to the Commission's by-laws. Commissioner Boyle asked that it be made an agenda item for the next meeting. Commissioner Brady was unsure if changing the commission's meetings to attend Kern COG's meetings is a solution or what role the commission would play in this. However he felt there needs to be a better coordinated effort so that this city and county receive their fair share of money from the State. He cited Fresno as an example of a city which is receiving their money from the State and using it for development' around their freeway system. "Minutes, PC, 5/2/96 Page 11 Commissioner Tavorn stated his concern regarding infrastructure in the city and the need for higher impact fees. He felt things are being proposed backward with neighborhoods being developed before freeway systems. Commissioner Boyle felt changing the Commission's meeting date would allow for the availability for members to attend in order to learn more about the process and free staff members to attend. Mr. LaRochelle pointed out that Fresno has a half cent sales tax which allows for payment of infrastructure. Ms. Marino stated this discussion is not on the agenda. If the Commission wishes to debate this issue it should be placed on the next agenda. She clarified the purpose of the Commission Comments section of the agenda being so that Commissioners may express issues which they are interested in and request that they be placed on future agendas. Chairman Hersh agreed with comments made by Commissioner Boyle concerning Planning Commission attendance at Kern COG meetings. Chairman Hersh cited a newspaper article in which Mr. Milazzo has conveyed his ideas and concepts on canals and downtown rebuilding, asking that staff arrange for an agenda item to be Scheduled in which Mr. Milazzo could give a presentation to the Commission. Commissioner Hersh also asked that the minutes of January 4, 1996 meeting be presented to the commission for adoption. He asked that an item be placed on the next agenda for Mr. Brummett to give a presentation to the Commission concerning the Amtrak station. He cited a basin management plan which is being worked on along city water lines, asking that an item be placed on a future agenda so that the Commission could be given an update from the water department on this issue. A. _Committees 14. DIS_CLiSSIO25LAND_ACTION REGARDING POSSIBL~L~_OF_THE NEXT_ERE-MEET~_G. Commissioner Boyle stated he wished the next pre-meeting to be held. The pre- meeting of May 13, 1996 was not canceled. 15. AD J_QURNMENT_ There being no further business to come before the Commission, meeting was adjourned at 8:22 p.m. Laurie Davis Recording Secretary