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HomeMy WebLinkAbout03/21/96MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, March 21, 1996, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL o o COMMISSIONERS: Present: JEFF ANDREW, Chairperson DOUG DELGADO, Vice-Chairperson KENNETH HERSH MICHAEL DHANENS Alternate Absent: STEPHEN BOYLE MATHEW BRADY ROBERT ORTIZ WADE TAVORN ADVISORY MEMBERS: Present: LAURA MARINO, Assistant City Attorney JACK LaROCHELLE, Engineer IV DENNIS FIDLER, Building Director STAFF: Present: JACK HARDISTY, Development Services Director JIM MOVIUS, Principal Planner JENNIE ENG, Associate Planner LAURIE DAVIS, Recording Secretary 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. CONSENT AGENDA ITEMS 1. Agenda Item #5.3. - Tentative Parcel Map 10296 ° Agenda Item #8. - General plan consistency finding - north side of Riverlakes Drive and the Friant-Kern Canal. Motion was made by Commissioner Hersh, seconded by Commissioner Delgado to approve consent agenda. Motion carried. Minutes, PC, 3/21/96 Page 2 4. APPROVAL OF MINUTES Motion was made by Commissioner Delgado, seconded by Commissioner Hersh to approve minutes of the regular meeting of December 21, 1995. 5.1 PUBLIC HEARING - TENTATIVE PARCEL MAP 10118 Chairman Andrew abstained on Agenda Item #'s 5.1 and 5.2 due to a conflict of interest, therefore this item was deferred to the next regular meeting due to the lack of a quorum. 5.2 PUBLIC HEARING -TENTATIVE PARCEL MAP 10263 This item was deferred to the next regular meeting due to the lack of a quorum. 5.3 PUBLIC HEARING - TENTATIVE PARCEL MAP 10296 This item was approved as a consent agenda item. 6.1 PUBLIC HEARING - EXTENSIONS OF TIME - TENTATIVE TRACT 5371 Staff report recommending approval of a one-year extension of time was given. Public portion of the hearing was opened; no one spoke in opposition or in favor. Maurice Etchechury represented the property owners, stating their agreement with recommendation asking that a three-year extension be granted. Public portion of the hearing was closed. Paul Andre asked for clarification about time of construction of improvements. Mr. Hardisty felt this was clearly spelled out in the staff report conditions. Public portion of the hearing was closed. Responding to question by Chairman Andrew, Mr. Hardisty stated a one-year extension is a standard approach, however it is within the Commission's jurisdiction to grant up to a three-year extension if they see fit. Responding to question by Commissioner Hersh, Mr. Hardisty said the lots are substantially the same in size. He explained the history of this parcel. ~ 2~°~ Minutes, PC, 3/21/96 Page 3 Responding to question by Commissioner Dhanens, Mr. LaRochelle said the Exhibit "A" is a compilation of conditions from those previously applied and those which would be pertinent at this time. Concerning the striking of Condition #3 he said staff was amenable to its removal, concerning condition #5 relative to drainage retention basin staff is satisfied that on an interim basis the proposed phasing would allow for an interim retention basin with a permanent basin constructed at the end of Phase 2. Commissioner Hersh stated he would endorse a two-year extension on this map. He therefore made the motion, seconded by Commissioner Dhanens to adopt resolution, to make all finding set forth in the staff report, and to approve a two- year extension of time on Tentative Tract 5371, to expire on February 11, 1998 subject to the conditions outlined in the Exhibit "A," to include those amendments and comments made by the Public Works Department dated March 18, 1996. Motion carried. 6.1 PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5598 7.1 Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in opposition. Dale Clark represented the applicant stating agreement with staff recommendation. Public portion of the hearing was closed. Motion was made by Commissioner Delgado, seconded by Commissioner Dhanens to adopt resolution making all findings set forth in the staff report, and to approve Proposed Extension of Time for Tentative Tract 5598 to expire March 4, 1997, subject to the conditions outlined in Exhibit "A." Motion carried. PUBLIC HEARING - ROAD CLOSURE 17TH STREET AT UNION AVENUE Staff report recommending approval was given. Responding to question by Chairman Andrew, Mr. Walker, Traffic Engineer, clarified the initial closure would be considered temporary; if it is successful it would then become permanent. If, however, it does not work out it is easily removed with minimal disruption. Public portion of the hearing was opened. Minutes, PC, 3/21/96 Page 4 Bill East spoke stating he owns property at 208, 210, 220 and 230 17th Street. He stated they have installed gates at their property and are not experiencing any problems. He was concerned about the inconvenience with regard to access. He felt other measures could be used to deal with the prostitute problem. He did not feel closing the street would solve this issue. Christie Morley represented First Christian Church located on Truxtun and "F" Streets. She stated they were not given much notification time and were not able to take this issue up with their congregation. She stated as a private citizen this is her main route of transportation and she is opposed to the dosing of it. Mr. Hardisty gave information concerning the notification process in response to a concern expressed by her. Lois Hovland, 124 - 17th Street, stated her opposition. She felt if the street were closed it would only cause the prostitutes to move to another location. A1 Pineda stated he works for the Indy Auto Store, stating if 17th Street is blocked off the prostitute pedestrian traffic will increase in their parking lot. Responding to question by Commissioner Delgado, Mr. Walker said the intent would be that the blockage would be to the west of the commercial property's driveway so that they would maintain full access to the 17th Street portion on the east side of the barricade and access to Union Avenue. Edward Brown, 201 - 17th Street, was concerned about the quality of life deteriorating because of the on-going prostitution problem. He cited traffic congestion due to this street remaining open and the prostitution and crime problem and the issue of decreasing property values. Anthony Curtis, 225 - 17th Street, stated he understood the traffic inconvenience, however he would much rather deal with this inconvenience than to continue to deal with the prostitution problem. He asked that this closure be allowed in order to rid the neighborhood of this blight. He was concerned about the menacing that goes on in the neighborhood because of the element which is attracted with the traffic and prostitution problem. Sharon Petty stated she witnesses the prostitution problem on a daily basis. They cannot walk in the neighborhood because they have been solicited in the past. They do not feel safe with their children playing in their front yard. She stated she is in favor of closure of this street. Minutes, PC, 3/21/96 Page 5 Nancy Tory, 221 - 17th Street spoke in opposition. She cited situations of crime which have occurred. She stated they have a neighborhood watch which covers a large portion of the neighborhood. She cited the measures they have used to rid themselves of the prostitution problem stating this is one of many different measures. She felt the neighborhood deserves the chance to see if this can work. Perry Rather represented BNAI Jacob Congregation at a Synagogue at 600 - 17th Street~ stating their members are in agreement with the residents trying to take care of the problem. He stated he has encountered undesirables coming into this otherwise very quiet neighborhood. He felt the closure would help the residents to take their community back. He did not feel their members having to travel an extra block would cause any problems. Ken Brenneman, 221 - 17th Street submitted letters from the neighbors in favor of the project. Public portion of the hearing was closed. Commissioner Delgado applauded those of the neighborhood who are trying to find a solution to the problems. He stated he was comfortable supporting the barrier with a requirement that it return to the commission with a report as to the failure or success before something permanent is constructed. Commissioner Hersh thanked those who gave input on this issue. He stated he would normally not consider the blocking of existing streets good planning. He stated his concern about the entrance and exit of Union Avenue with Truxtun. He felt consideration needs to be given to whether the closure of this street will be effective with respect to the prostitution problem. He was in favor of a temporary barrier and a test to see if this will help the community, with a definite time table and a proposal for a final barrier which he felt should include landscaping and adequate warning signs. Commissioner Dhanens asked if this proposal has been reviewed by the Police Department with respect to their efforts of fighting the prostitution problem. Mr. Walker stated the Police Department was one of the agencies who requested that this possibility be looked into. It is their feeling this may be a valuable tool in reducing the problem. These type of barricades would have an emergency vehicle access built in. Mr. Walker responded to questions by Commissioner Dhanens saying this street is well within the parameters of a cul-de-sac street. Perhaps wording should be added to an approval to allow a test period. Commissioner Dhanens stated he would support a motion along the lines of that proposed by Commissioners Hersh and Delgado with some type of test period. Minutes, PC, 3/21/96 Page 6 Mr. Hardisty responded to question by Chairman Andrew stating this issue would next be heard before the City Council and those present would have a chance to register their feelings on the matter at that hearing also. Chairman Andrew was concerned that if this street is blocked off the problem will move to the next street possibly causing more residents to want their streets barricaded. He asked if those in favor of helping pay for this would stand and remain standing. All of those in favor stood. He stated one issue he is concerned with is the cost and the possibility of a lot of neighborhoods asking for it at the city's expense. Responding to question by Commissioner Delgado, Mr. Walker said the first available time to place a permanent barrier through the Capital Improvement project would be the 1997/1998 Fiscal Year. He felt this amount of time would be a fair test period. He felt access should not be blocked to the commercial properties. Responding to question by Commissioner Hersh, Mr. Walker explained the temporary barricade. Commissioner Hersh agreed that the commercial property should not be hindered, however he would continue to support a barricade being placed on this street. Mr. Walker responded to question by Commissioner Dhanens saying 18th Street would be sufficient to carry additional traffic caused by this closure. Motion was made by Commissioner Dhanens, seconded by Commissioner Hersh to adopt resolution recommending to the City Council that ~ehicular through traffic be prevented from using 17th Street, immediately west of Union Avenue, by means of a temporary physical barrier located such that it would not impede access from the commercial property to 17th Street and such that it would again be reviewed by the Commission in a period of one year from the date of its approval by the City Council to determine whether or not its status should become permanent. Chairman Andrew said for the record that he wished the City Council to look into some way of reimbursement to the city for a portion of the cost because he felt it would likely be requested much more in the future. Motion carried. Minutes, PC, 3/21/96 Page 7 7.2 PUBLIC HEARING - ROAD CLOSURE MC CLEARY WAY Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in opposition. Henry Pacheco, Deputy Fire Chief, stated he would oppose this unless emergency fire access is provided. Judy Jackson, 6319 Parsons Way, presented a petition in favor containing 100 percent favor on Parsons Way and McCleary for this closure. She stated the problems with vehicles hitting the speed bump and with vehicles coming-onto lawns because of the speed in which they come around the corner. Concerning costs of this closure she stated this was originally designed as a cul-de-sac street. They are not asking for anything other than what they were promised when purchasing property. Responding to question by Chairman Andrew she stated she would be willing to pay for a portion of this closure, however did not feel it should be required of them because of its original design. Responding to a question by Commissioner Hersh, Ms. Jackson said most traffic comes from Camp Street going toward Panama Lane. Jack Kellogg, 6300 Parsons Way, stated the speed 'bump borders his property and the noise from vehicles hitting the speed bump is heard 24 hours a day because they do not slow down. He stated he would be in favor of helping to pay to block off the street. Joe Torres, 6407 Parson Way, stated he is in favor of closing the street and would be willing to help pay for it. Deanna Queheilalt, 6412 Parsons Way, stated there is a lot of traffic which comes from Panama. She was concerned about children being struck by fast moving vehicles and stated she would be willing to help pay for this closure. Juanita Parnell, 6213 Parsons Way, cited incidents in which vehicles have lost control because of excessive speed. She stated she would like to see this closed and would be willing to help pay the costs involved. Connie Garza, 6212 Parsons Way, was concerned about vehicles speeding through the neighborhood, of which she gave examples. She stated she would be willing to help pay the cost of street closure. Minutes, PC, 3/21/96 Page 8 Teresa Ward, 6225 Parsons Way, stated the traffic has increased tremendously in the 10 years they have lived on this street. She cited the speeding problem. She felt there is adequate access from Fairview. Paul Scanlan, 1512 McCleary Way, stated his concern with respect to the speeding problem and children and said he is very much in favor of this street closure and would be willing to help with the cost. Jan Valencia, 6206 Parsons Way, gave examples of the speeding problem, and felt for the safety of the children this closure needs to be approved. Public portion of the hearing was closed. Chairman Andrew stated because of the speeding problem he would not like to see the barrier placed as shown on the map, feeling it should be placed more toward the middle of the street. Responding to a questions and concerns by Commissioner Hersh, Mr. Walker said the type of barrier proposed would have a removable section for emergency access which has been successful in the past. The location of the barrier would be considered previous to its installation. This was not intended to be a through street, however it has become such because of the way the area has developed. Commissioner Hersh stated he would favor a temporary barrier at this location for a test period of time with any final barrier being something of quality that would add to the neighborhood. Responding to questions by Commissioner Dhanens, Mr. Hardisty gave background on the need for street closures. Commissioner Dhanens stated he would supptrt a temporary solution with the possibility of a permanent solution at a future time. Motion was made by Commissioner Dhanens, seconded by Commissioner Hersh to adopt resolution recommending to the City Council that vehicular through traffic be prevented from using McCleary Way, between Parsons Way and Camp Street, by means of a temporary physical barrier. The physical barrier shall be reviewed by the Planning Commission after a period of one year of its approval by the City Council to determine its effectiveness. Motion carried. Minutes, PC, 3/21/96 7.2 PUBLIC HEARING - ROAD CLOSURE EASTBOURNE WAY Page 9 Staff report recommending approval was given. Rick Lopez, 6108 Eastbourne, stated the traffic cutting through on his street has greatly increased. It not only affects their street but also affects Hempstead Lane. He submitted a petition with signatures of those living on Hempstead Lane. He stated he would be willing to help pay the cost. Clarke Sanford, 6116 Eastbourne Way, stated he is in favor of this closure and would be willing to help pay the cost. Mr. LaRochelle asked if Mr. Sanford would be willing to dedicate a small portion of his property for a cul-de-sac. Mr. Sanford stated he would be willing to work with staff in this respect. Russ Willhite, 6113 Eastbourne, stated he is in favor of this street closure but would prefer to have a more permanent structure not only because of the traffic but also because of crime. Mr. Hardisty said the temporary structure could be implemented in a very short period of time allowing more time to develop the permanent structure. Responding to question by Commissioner Hersh, Mr. Hardisty gave a time frame and possible process of bringing forth a permanent structure, stating it would be necessary to work with the neighborhood on this issue. Jon Power, 6104 Eastbourne stated he has lived in this area 19 years and has seen a definite increase in traffic and theft. He stated he is in favor of this closure and would be willing to help pay the cost. Nabil Elsibai, 6112 Eastbourne Way stated his agreement with previous comments and stated he would be willing to help pay the cost. Greg Uranga, commented on the increased traffic and children in the neighborhood. He stated he would be in favor of a permanent closure and would be willing to help pay the cost. Responding to question by Chairman Andrew, Mr. Urango stated he would be willing to perhaps give up a small portion of his property for a cul-de-sac. Minutes, PC, 3/21/96 Page 10 Scott Burgie, 2805 Hempstead Lane, stated his support for this road closure. He stated his concern that they are being asked to pay for a temporary structure and then pay for a permanent structure. He stated his willingness to help pay the costs. Public portion of the hearing was closed. Commissioner Hersh felt this street needs a barrier due to its relationship to Edgemont, North Half Moon and the alley. Chairman Andrew felt if something can be done with landscaping to alleviate the problem he would rather it be done so that areas are not blocked off to foot traffic as with a block wall. Commissioner Dhanens stated he hoped at the end of the testing of the temporary barrier that the Public Works Department would bring forth several alternatives for closure stating his agreement that a block wall would not necessarily be the answer. Motion was made by Commissioner Dhanens, seconded by Commissioner Delgado to adopt resolution recommending to the City Council that vehicular through traffic be prevented from using Eastbourne Way, between Hempstead Lane and North Half Moon Drive, by means of a temporary physical barrier. The barrier shall be reviewed by the Planning Commission in one year from the date of its approval to determine its effectiveness. Motion carried. 8. GENERAL PLAN CONSISTENCY FINDING - PROPOSED ACQUISITION OF A 10,538 SQUARE FOOT WATER WELL SITE LOCATED ON THE NORTH SIDE OF HAGEMAN ROAD BETWEEN RIVERLAKES DRIVE o AND THE FRIANT-KERN CANAL Approved as a consent agenda item. COMMUNICATIONS A) Written None B) Verbal None Minutes, PC, 3/21/96 Page 11 10. COMMISSION COMMENTS Responding to question by Chairman Andrew, Mr. Hardisty stated the request for a zone change at Rio Bravo to allow an Alzheimer's clinic and elderly care facility was withdrawn by the applicant. Mr. Hardisty responded to question by Chairman Andrew stating the Council is scheduled to interview Planning Commission candidates at the meeting of April 3rd for those seats which are becoming vacant. Chairman Andrew stated he would like to see those that have submitted their applications be given strong consideration rather than allowing the filing deadline to remain open. Mr. Hardisty gave an update on the Riverlakes Ranch situation and Panorama Drive in response to questions by Commissioner Hersh. Commissioner Dhanens stated he had submitted an application for reappointment to the Commission. A. Committees Chairman Andrew stated the Sign Committee would be meeting the following Wednesday. They are working on formulating locations and design criteria. 11. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF 12. THE NEXT PRE-MEETING. Mr. Hardisty recommended the following pre-meeting be held. Pre-meeting of April 1, 1996 was not canceled. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 7:47 p.m. Laurie Davis Recording Secretary