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HomeMy WebLinkAboutFebruary 6, 2003Council Chambers, City Hall, 1501 Truxtun Avenue in ROLL CALL Present: Absent: Commissioners Blockley, Ellison, Gay, McGinnis, Tragish, Tkac, None Advisory Members: Stanley Grady, Marian Shaw, Jack Leonard Staff: Jim Movius, Pam Townsend PLEDGE OF ALLEGIANCE: PRESENTATION AND PUBLIC STATEMENTS: Stanley Grady, Planning Director, presented ex-Planning Commissioner Ron Sprague a plaque appreciation for his service to the community as a Planning Commissioner since 1998. CONSENT CALENDER: 4.1 Non-Public Hearing Items 4.1a Approval of minutes for Planning Commission meetings of December 16 & 19, 2002 and January 13 and 16, 2003. 4.1b Approval of General Plan Consistency finding for property acquisitions within the Northeast Bakersfield Open Space Area (NBOSA) in northeast Bakersfield. (City of Bakersfield). (Exempt from CEQA) (Ward 3) Motion was made by Commissioner McGinnis, seconded by Commissioner Gay, to approve the non-public hearing portion of the Consent Calendar. Motion carried. 4.2 Public Hearing Items 4.2a Approval of Extension of Time for Tentative Tract Map 6032 (Porter- Robertson) (Ward 4) 4.2b Approval of continuance to February 20, 2003 of Vestin.q Tentative Tract Map 6149 (Phased) (Pinnacle Engineering) (Ward 3) 4.2c Approval of Vestinq Tentative Tract 6156 (SmithTech, USA, Inc.) (Ward 5) Minutes, PC, February 6, 2003 Page 2 4.2d Approval of continuance to February 20, 2003 Vestin.q Tentative Tract 6165 (SmithTech, USA, Inc.) (Ward 7) 4.2e Approval of Vestinq Tentative Tract 6166 (Mclntosh and Associates) (Ward 6) 4.2f Approval of Vestinq Tentative Tract 6170 (Delmarter and Diefel) (Ward 6) Public portion of the hearings for the above items opened. Commissioner Tragish requested item 4.2f be removed from the Consent Agenda. There were no further comments from the public or Commission. Public portion of the hearing closed. Motion was made by Commissioner Tragish, seconded by Commissioner Gay, to approve the remaining public hearing portion of the Consent Calendar including the memorandums from staff. Motion carried by group vote. PUBLIC HEARING - Tentative Tract Maps 5.1) Vestin.q Tentative Tract Map 6137 (Phased) (Ward 3) Public portion of the hearing opened. The following spoke about their concerns regarding the project: Michelle Beck, Ron Jones, John Lotze, Dick Stewart, Leo Hinds, Gordon Nipp, Arthur Unger, Paul Gipe and Craig Smith. One of the stated concerns was erosion of the bluffs and asked that houses be setback from the edge of the bluffs by 200 feet to be used for parks, bicycle path ways and recreation areas. Also, air pollution was a major concern with the added homes in the area. Mr. Nipp, representing the Sierra Club, said they feel there should be a specific plan for the northeast in order to consistently tie-in developments like this with the northeast Bakersfield open space area and to give the community the opportunity to address issues like cumulative traffic and air impacts. A specific plan would let each developer know what direction the community is going and he could plan his proposal for consistency. This project also reinforces their conviction that a view shed ordinance should be established. For those who live in the area, or who participate in recreation there, the natural view of the bluffs will be disturbed. A 200 foot setback would be sufficient. Mr. Nipp said that the negative declaration states that there are no significant environmental impacts from this proposal but the Sierra Club feels that since there are many other developments in the area and individually they may not be sufficient to cause impacts but the cumulative impacts on air quality and traffic almost certainly will be considerable. They asked the Commission to consider the cumulative impacts as significant environmental impacts. Arthur Unger stated his concerns about air pollution. He requested the Commission consider ways to reduce air pollution such as consider housing near work, attractive cluster housing, neighborhood stores, requirement of energy efficient dwellings, require solar panels, roof overhang, optimal insulation, efficient appliances, etc. Paul Gipe said he is opposed to this particular tract for two reasons: 1) affects him personally by increasing the availability of homes in Bakersfield it reduces his property value and 2) all new home construction in Bakersfield increases air pollution. Mr. Gipe Minutes, PC, February 6, 2003 Page 3 said that the air pollution issue should be addressed by all the counties in the San Joaquin Valley. Roger Mclntosh, representing the applicant, spoke in favor of the project. He gave an overview of the tract and responded to some of the previous speakers comments. Mr. Mclntosh said that the design of the subdivision is based on the Hillside Development Ordinance which was adopted after much discussion, public hearings and public comment. The ordinance requires criteria for grading in steep slope areas. They have to grade using the existing natural contour as possible. Mr. Mclntosh pointed out several things the developer has agreed to do but is not required to do - which include trails. The developer has agreed to set aside a trail and staging area on Paladino. They have also agreed to a 10 acre park site. Upon review, the Commission will find that the project meets the air quality standard. It is under the threshold that requires further mitigation. Mr. Mclntosh said that a 200 foot setback would take out virtually all of the top tier of lots. Any kind of slope that will be on top of the bluff will have to be stabilized and consistent with the Uniform Building Code standards and the grading ordinance of the City of Bakersfield. The lots are designed to grade and drain to the streets where the water will be taken down the storm systems to detention basins. Mr. Mclntosh said that they have met with staff from the Planning and Public Works Departments and have agreed on a number of revisions to the original conditions of approval and they agree to the memorandum from the Planning Director dated January 31, 2003 that discusses the staging area and the trails and the memo from the Public Works Department dated February 6 addressing street improvements and emergency access. Mr. Mclntosh said they agree with the conditions in the staff report that were not amended in the memorandums and he is available to answer any questions the Commission may have. No one else spoke either for or against the project. Chairman Tkac mentioned that he failed to ask for the staff report but feels that most of the questions and answers that have come up have been addressed and asked Mr. Grady if he had anything further to add? Mr. Grady said he is ready to answer any questions the Commission may have based on the presentation that has already been submitted. Public portion of the hearing was closed. Commissioner McGinnis asked if there are any provisions that staff is aware of that would require the applicant to provide a 200 foot setback? Mr. Grady said that there is nothing adopted by ordinance. They would have to make a finding that there is some significant public health or safety issue that would require them to apply that standard to this project and not apply it to others. Commissioner McGinnis asked if the main arterial will be Masterson and asked Ms. Shaw to give an overview of the project. Ms. Shaw saw this is a phased map and there is a note on the map stating that the phases may not be developed in order. Therefore, it was difficult for staff to put together conditions addressing as to how Masterson would be developed in accordance with the phases. They have made some general guidelines. They're primary point of access is planned to be Paladino at Alfred Harrell Highway. The first phase would require construction of Paladino up to Solitaire. From that point they would have a requirement that once they get to 300 lots, Masterson needs Minutes, PC, February 6, 2003 Page 4 to be constructed adjacent to Phase 8 and it would have to connect down to Lake Ming Road. From Solitaire to Paladino on Masterson it would probably be addressed with a further subdivision. As the circulation stands now, Masterson south would be constructed quite late in the tract. Commissioner McGinnis asked how the people from this subdivision would go west? Ms. Shaw said they would have to access Alfred Harrell and either go to 178 or take Alfred Harrell to Morning or to Fairfax. Commissioner McGinnis asked if there are any timelines for improvement to 1787 Ms. Shaw said there has been some discussion for improving 178 but she does not know where it falls on the calendar. Commissioner McGinnis asked if there is a possibility to have a buildout here without adequate streets to take care of it? Ms. Shaw said the traffic study they have for this development indicates that the roads that they have required and in place are adequate. Commissioner McGinnis asked if there has been anything done in the northeast area to give some assurances that there won't be a soils problem in this development? Mr. Leonard, Assistant Building Director, said that there are a few things that are being done such as proper removal treatment compaction of that type of soil. Problems in the past have been minimal in applying the standards to that type of soil but we have learned from our mistakes and will not allow that to happen again. We are aware of those problems and are looking much closer than they have in the past. Commissioner Blockley asked Mr. Mclntosh what the typical depth of cut and fill across a particular profile might be? Mr. Mclntosh said that they have tried to match the existing grade on top of the bluffs as much as possible. There are some areas where there is up to ten feet of fill. In general, they "daylight" at the contour that the pad will be set at for the most part. Any place where they have those fills, they would stabilize the slope. They are well aware of the clay soils and the problems that have occurred in the northeast and they use professionals that will address those concerns. Mitigation measure 35 requires a preliminary soils report prior to recordation of any final map to be submitted to the building department for their review. Commissioner Blockley asked how far away from the bluffs do you have to be before you can see the houses? Mr. Mclntosh said the lots along the northern tier are approximately 140 feet deep or more and the house pad will sit back 25 feet so in general there will be a 50 to 60 feet setback from the back property line which is the slope. Commissioner Blockley asked how much of the housing is going to be visible from Alfred Harrell Highway? Mr. Mclntosh said that he would guess that the lots along the northerly tier and the easterly side from Alfred Harrell Highway. Probably 30 or 40 lots. It is 300 feet above Alfred Harrell Highway. Commissioner Gay asked if it isn't true that since it is a gated community and not open to the public the setback wouldn't matter? Mr. Grady said that is correct. Commissioner Gay asked if pools and other elements are allowed in the 50 foot setback and would it be advisable not to have pools there where there might be erosion problems? Mr. Leonard said that the setback is a function of the height of the hill. The higher the hill, the further the setback. From a structural standpoint, if you have a 100 foot hill, you divide by three and you set it back 33 feet. If you have a slope stability study and special engineering for a specific structure, like a pool, it might be allowed on the edge of the slope. Commissioner Gay asked if the trails plan would continue to follow County Road 71 lA if the city abandons it, or is staff interpreting that the developer would put the trails plan along 711A? Mr. Grady said there is a map attached to the memorandum the Minutes, PC, February 6, 2003 Page 5 Commission received showing where the trail is to begin and it is the developers responsibility to make the connection between where the trail intersects his property on the east side to get it over to Masterson. Mr. Grady said that in an agreement to delete the requirement for the county road, we are getting a staging area at the southeast corner of the project map and a ten acre park at the western intersection of Masterson and the curved collector. Staff feels the combination of the connection between the trails from the east side to the west side of the project and the availability of a ten acre park and one acre staging area will allow for connection between the trails system on the east side. The final design will be worked out between himself and the developer. Commissioner Gay asked if the city has a certain slope factor to make sure water doesn't run off the back of the hill? Mr. Leonard said the general rule of thumb is two percent. They have allowed less than that in areas where they are assured the water will get to the front. The Building Department will take a close look when the grading plan is submitted to them. Commissioner Ellison asked if we know where the trails further to the west side of the project would be? Mr. Grady said that at this time we do not know what the trails will look like on the west side of the project. There is an adopted trails plan east of the project. Staff is in the process of working on the west side. They have established a plan area and looking at funding sources to preserve the hillside. Commissioner Ellison asked for an explanation regarding the environmental analysis saying the air quality would have a "less than significant" impact. Mr. Grady said the packet includes a letter from Heather Ellison from the Air Pollution Control District. The letter stated five mitigation measures that would reduce the project to a "less than significant level" which have been incorporated in the project. Commissioner Ellison asked if the cumulative effects were addressed in the general plan update EIR? Mr. Grady said yes because they would have looked at the total projected emissions from buildout of the project based on land uses within the project area. Commissioner Blockley asked if the Hillside Ordinance provides protection for the steep areas that aren't going to be built on? Mr. Grady said the subdivision map will have a uniform line along the ridge. The Hillside Ordinance is intended to deal with the contouring of the slopes and how you grade it, the maximum slopes on roads serving the project, building defensible spaces around the properties and construction techniques. Commissioner McGinnis asked a representative from the Fire Department if they are comfortable that they can service the area. Dave Weirather said they have had several meetings with the developer and they are satisfied. Commissioner McGinnis asked where Masterson Street would terminate. Ms. Shaw demonstrated on the computer where within the boundary of the tract Masterson and Paladino would be. Ms. Shaw said that Paladino would eventually tie into Fairfax. Commissioner Tkac asked Mr. Grady to give a quick briefing on the mitigation measures from the Air Pollution Control District. Mr. Grady responded with the following: 1) sidewalks connecting to the open space and recreational areas nearby, 2) provide pedestrian and bicycle facilities, 3) refrain from installation of wood burning fireplaces, etc., 4) install electrical outlets or natural gas lines in backyard areas or patios to encourage the use of electric landscaping equipment and natural gas bar-be-ques and 5) Minutes, PC, February 6, 2003 Page 6 use shading techniques to reduce exposure to the sun. 5.2) 5.3) 5.4) 5.5) 5.6) Motion made by Commissioner Gay, seconded by Commissioner McGinnis, to approve and adopt the Negative Declaration and to approve Vesting Tentative Tract Map 6137 with the findings and conditions set forth in the attached resolution Exhibit B including the memorandum from Stanley Grady dated January 31 and one from Marian Shaw dated February 6 and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Gay, McGinnis, Tragish, Tkac NOES: None ABSENT: None A five minute recess was called. Vestin.q Tentative Tract Map 6149 (Phased) (Pinnacle Engineering) (Ward 3) See Consent Agenda Vestinq Tentative Tract 6156 (SmithTech, USA, Inc.) (Ward 5) See Consent Agenda Vestinq Tentative Tract 6165 (SmithTech, USA, Inc.) (Ward 7) See Consent Agenda Vestinq Tentative Tract 6166 (Mclntosh and Associates) (Ward 6) See Consent Agenda Vestinq Tentative Tract 6170 (Delmarter and Diefel) (Ward 6) This item was removed from the Consent Agenda by Commissioner Tragish. Staff report given recommending approval with conditions. Public portion of the hearing opened. No one spoke against the project. Greg Woodard, the applicant, said he was there to answer any questions the Commission might have. Public portion of the hearing was closed. Commissioner Tragish asked if there is a block wall on the northern boundary or is the requirement for only a wooden fence? Mr. Grady said the standard canal fencing requirement would apply for this project. There is no requirement for a block wall along Minutes, PC, February 6, 2003 Page 7 the boundary with the school. Commissioner Tragish asked Mr. Woodard how they intend to fence the northern boundary adjacent to the school? Mr. Woodard said the canal is bounded by a fence on both sides about 100 feet wide. There is a landscape strip between the canal fence and along what would be Miller Ridge Drive that parallels the canal. There is also a street 60 feet wide. Commissioner Gay asked if staff will be requiring a sidewalk on the easterly side of Miller Ridge? Ms. Shaw said that is a local street and they don't usually require public landscaping along a local street. Specific conditions were not placed on Miller because they assumed because it was all within the boundary of the map, they would be doing full-width improvements which include sidewalks on both sides. There is no requirement to put landscaping between the canal and sidewalk on Miller Ridge. The Parks Department would prefer there not be any public landscaping along the local street. It would up the resident's annual cost for a maintenance district. Commissioner Tkac asked when McKee Road will be punched through? Ms. Shaw said they do not have a schedule for that. Commissioner Tkac asked if it will eventually cut through? Ms. Shaw said that condition number three for McKee Road requires secondary access with graded shoulders on McKee from the west tract boundary to Stine Road but as far as the construction of the full road right-of-way for McKee Road she cannot address when that would occur. It would have to be done with adjacent development or as a city project. Commissioner Tkac asked Mr. Woodard about the phasing and which end is first. Mr. Woodward said that is probably going to depend on their engineering studies but at this point they will probably start from the north. Commissioner Tkac said that one of his concerns is that he sees Wyzonia as a problem and not built to handle the traffic from this subdivision and the high school. He does not believe a signal light will help. Ms. Shaw said that Wyzonia is a local and the city does not have any plans to work on Wyzonia. Mr. Woodard said that one of the conditions of approval is that a signal light will be placed on Wyzonia and Stine if they exceed more than 80 units. Commissioner Tragish said he agrees with Commissioner Tkac and feels that a signal light may not help. Commissioner Tragish asked Mr. Woodard if they had done any traffic studies regarding how much traffic this tract will generate on Wyzonia? Mr. Woodard said they know that Wyzonia is traveled when there is a special gathering at the school. His only question is how often is the stadium used? During the fall and football games it will be more busy but during the day the parking lot for the school is not nearly close to full. It is a requirement, as stated in a memo from Ms. Shaw, that if a signal is installed first, secondary access shall be constructed after the first 80 units. They are limited by the 80 units and that is when the secondary access becomes available. There is negotiation with a developer to the north that potentially will also be able to provide a secondary access. Commissioner Tragish asked if there are any tract maps pending to develop the property to the south? Mr. Grady said he does not have that information with him. Commissioner Tkac said that the roads will expand out as development occurs and that alleviates his concern about traffic. Minutes, PC, February 6, 2003 Page 8 Commissioner Gay asked Ms. Shaw if staff will have the ability to see that the Miller Ridge Road on the easterly boundary will not become a trash problem without putting in landscaping? Does staff have the ability to require sidewalk from the flowline to the chainlink fence in the final map so that dirt and debris won't collect along there? Ms. Shaw said they can require that through the improvement plan process. Motion made by Commissioner Gay, seconded by Commissioner McGinnis, to approve and adopt the Negative Declaration and to approve Vesting Tentative Tract Map 6170 which includes the streets Beacon Ridge, Oak Ridge and Wheat Ridge with the findings and conditions set forth in the attached resolution Exhibit A including the memorandum dated January 30 from Marian Shaw and the memo dated January 31from Stanley Grady and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Gay, McGinnis, Tragish, Tkac NOES: None ABSENT: None COMMUNICATIONS: Mr. Grady said regarding the question at the last meeting about the Monterey conference that because of the potential impacts from the State budget crisis the city has suspended the use of all travel monies and training monies in the budget so they will not be able to accommodate sending Commissioners to the institute this year. The conference will be March 27, 28 & 29. ~COMMISSION COMMENTS: Commissioner Tragish requested Mr. Grady to supply him with information regarding the conference as he would like to use his own money to attend. Mr. Grady said that as soon as the information is available he will give it to all of the Commissioners. 8. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING: Commissioner Tragish requested there be a pre-meeting on February 18, 2003. ADJOURNMEMT: There being no further business to come before the Commission, the meeting was adjourned at 8:05 p.m. Pam Townsend, Recording Secretary Minutes, PC, February 6, 2003 Page 9 STANLEY GRADY, Secretary Planning Director February 25, 2003