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Home My WebLink About07/14/97 AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall Monday, July 14, 1997 12:15 p.m. MATHEW BRADY, Chairperson JEFFREY TKAC, Vice-Chairperson STEPHEN BOYLE MICHAEL DHANENS MARTI MUNIS-KEMPER ROBERT ORTIZ WADE TAVORN ALTERNATE: BETSY TEETER NOTE: Agendas may be amended up to 72 hours prior to the Planning Commission meeting. final agenda may be obtained from the Planning Department 72 hours prior to the meeting. Items listed on this agenda will be continued to 5:30 p.m. on the Thursday following the date listed on this agenda.. A 2. PUBLIC STATEMENTS ANY PERSON WHOSE NAME APPEARS ON THE AGENDA OR WISHES TO SPEAK REGARDING A PUBLIC HEARING NEED NOT FILL OUT A SPEAKER'S CARD. ALL OTHERS WISHING TO SPEAK BEFORE THE COMMISSION MAY FILL OUT A SPEAKER'S CARD AND PRESENT IT TO THE SECRETARY PRIOR TO COMMENCEMENT OF THE MEETING. NOTICE OF RIGHT TO APPEAL Planning Commission decisions on Zone Changes, Parcel Maps and Tentative Subdivision maps are subject to appeal by any person aggrieved. No permit shall be issued for any use involved in an application until after the final acceptance date of appeal. Such appeal must be filed in writing within 10 days from date of hearing, addressed to the City Council, cio Office of the City Clerk, 1501 Truxtun Avenue, Bakersfield, CA 93301. A $330 non-refundable filing fee must be included with filing of the initial appeal for those appeals filed by the applicant or any person outside the notice area. All appeals filed on land divisions will require a $330 non-refundable filing fee. If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. Agenda, PC, 7/14/97 Page 2 If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final. 3. CONSENT AGENDA ITEMS - (marked by asterisk (*) These items'will be acted on as a group without individual staff presentations if no member of the Planning Commission or audience wishes to comment or ask questiOns on a case. The items are recommended for approval by staff. The applicant has been informed of any special conditions and has signed an agreement to conditions of approval and requested to be placed on the consent agenda. If anyone wishes to discuss or testify on any of the consent items the item(s) will be taken off consent and will be considered in the order on the agenda. If not, the public hearing will be opened and the items acted on as a group. 5. PUBLIC HF_A~ING - I~O~JCJ-:~)J:_~/IOJ_ATJON 1-97 Possible subdivision of land in violation of the Subdivision Map Act and local subdivision ordinance on Property between Auburn Street and Highway 178, west of Morning Drive. STAFF RECOMMENDATION: Direct Planning Director to file notice of violation. o Group vote PUBLIC HEARING - REVISED COM~IVE SIGN PLAN REVISED COMPREHENSIVE SIGN PLAN P97-0332 (Martin-Mclntosh Engineering) A revision of an approved Comprehensive Sign Plan for the Marketplace Shopping Center located in the Haggin Oaks area of Bakersfield and bounded on four sides by Ming Avenue, Scarlet Oak Boulevard, Camino Media Boulevard and Haggin Oaks Boulevard and located in a C-2 (Regional Commercial) zone district. (Categorically exempt) STAFF RECOMMENDATION: Approve. Group vote Agenda, PC, 7/14/97 7. PUBLIC HEARINGS - EXTENSIONS OF TIME - TENTATIVE TRACTS 1). Page 3 TENTATIVE TRACT 5600 (Rickett, Delmarter & Deifel) Located on the east side of Akers Road, between Hosking Road and McKee Road. Consisting of 134 lots on 36.4 acres, zoned R-1 (One Family Dwelling) and RS (Residential Suburban). (Categorically exempt) STAFF RECOMMENDATION: Approve with conditions. Group vote 2) TENTATIVE TRACT 5594 (Herbert W. Hardt) Located on the north side of Hageman Road, west of Himalaya Drive. Consisting of 42 lots on 10.3 acres, zoned R-1 (One Family Dwelling). (Categorically exempt) STAFF RECOMMENDATION: Approve with conditions. Group vote 3) TENTATIVE TRACT 5602 (Thomas Hardt) Located on the southeast corner of Oswell Street and Oswell Park Drive. Consisting of 123 lots on 28.8 acres, zoned R-1 (One Family Dwelling) and C-2 (Regional Commercial). (Categorically exempt) STAFF RECOMMENDATION: Approve with conditions. Group vote P~JBIJCJ-~_Ai~J[~L-- T_E N TAT I V E TRACTS TENTATIVE TRACT 5515 (Optional Design) (Porter-Robertson) Located in the Rio Bravo golf course, south of Highway 178, east of Miramonte Drive. Consisting of 57 residential lots on property zoned R-1 (One Family Dwelling) and a waiver of mineral rights owners' signature in accordance with Bakersfield Municipal Code Section 16.20.060 B.3. (Negative Declaration on file) STAFF RECOMMENDATION: Note: the applicant has requested a continuance to the August 7th (August 4th pre-meeting) Commission meeting. Group vote Agenda, PC, 7/14/97 Page 4 P_~ - PREZONING P97-0296 -- Proposal to prezone approximately 1,420 acres to the city A, OS, RS-5A, RS-2.5A, RS-lA, RS-lA CH, RS, E, R-2, 'IT, C-1 and C-2 zones for property located south of Snow Road to the city limits, north of Hageman Road, between Coffee Road and Fruitvale Avenue, south of Rosedale Highway between Allen Road and Jewetta Avenue including the northwest corner of Jewetta Avenue and Brimhall Road and the northwest corner of Stockdale Highway and Allen Road. (Negative Declaration on file) STAFF RECOMMENDATION: Approve. Roll call vote 10. PUBLIC HEARINGS - GENEEAL PLAN LAND USE AMENDMENT_S, ASSOCIATED REZONINGS AND NOISE El a) Resolution making CEQA findings (pursuant to Sections 15091 and 15093 of the State CEQA Guidelines) and recomending certification of the Environmental Impact Report for the Bakersfield Heart Hospital and related medical office building. (Continued from the regular meeting of June 19, 1997) STAFF RECOMMENDATION: Certification of the Final Environmental Impact Report. Roll call vote' b) GpA: ZONE CHANGE AND KERN RIVER PLAN ELEMENT AMENDMENT gP96-0859 -- CORNERSTONE ENGINEERING, INC. has. proposed an amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by changing the land use designation from Highway Commercial and Service Industrial to Public Facilities on 10.1 acres for property generally located on the south side of Sillect Avenue, east of Pierce Road, north of Riverside Drive. (Final Environmental Impact Report on file) (Continued from the regular meeting of June 19, 1997) STAFF RECOMMENDATION: Approve with conditions. Roll call vote c) Zone Change from C-2 (Regional Commercial) and M-1 (Light Manufacturing) to PCD (Planned Commercial Development) on 10.1 acres for property generally located on the south side of Sillect Avenue, east of Pierce Road, north of Riverside Drive. (Final Environmental Impact Report on file) (Continued from the regular meeting of June 19, 1997) STAFF RECOMMENDATION: Approve with conditions. Roll call vote Agenda, PC, 7/14/97 Page 5 d) Kern River Plan Element Amendment to amend the land use code on 10.1 acres from 6.1 (Major Commercial) and 7.2 (Service Commercial) to 3:3 (Other Facilities) generally located on the south side of Sillect Avenue, east of Pierce Road, north of Riverside Drive. (Final Environmental Impact Report on file) (Continued from the regular meeting of June 19, 1997) STAFF RECOMMENDATION: Approve with conditions. Roll call vote 11. GENERAL PLAN CONSISTENCY FINDING (Government Code Section 65402) Consistency findng pursuant to Section 65402 of the Government Code for proposed acquisition of a 6,400 square foot parcel for use as a water Well site. Located southwest of the intersection of Old River Road and Ridge Oak Drive adjacent to the Buena Vista Canal. (Categorically exempt) STAFF RECOMMENDATION: Make Finding. Group vote 12. COMMUNICATIONS. A) Written B) Verbal 13. COMMISSION COM~ A. Committees 14. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT ~."STANL ~ July 7:1997 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Monday, July 14 1997, 12:15 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL. CALL COMMISSIONERS: Present: MATHEW BRADY, Chairperson JEFFREY TKAC, Vice-Chairperson MICHAEL DHANENS MARTI KEMPER WADE TAVORN BETSY TEETER Absent: STEPHEN BOYLE ROBERT ORTIZ ADVISORY MEMBERS: Present: LAURA MARINO, Assistant City Attorney JACK LaROCHELLE, Engineer IV JACK LEONARD, Assistant Building Director STAFF: Present: STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner JENNIE ENG, Associate Planner LAURIE DAVIS, Recording Secretary Chairman read the notice of right to appeal as set forth on the agenda. PUBLIC STATEMENTS The chairman read the notice of right to appeal as set forth on the agenda. CONSENT AGENDA ITEMS Tract 5500 - Chairman Brady indicated that when this item came up in the normal agenda of discussion, the Commission would vote whether or not to put this item on consent. Minutes, PC, 7/14/97 Page 2 4. PUBLIC HEARING - NOTICE OF VIOLATION 1-97 Staff report was given. This item was opened for Commissioner Comments. Chairman Brady requested that the Commission's role in this item be outlined in more detail since this type of comes before the Commission so infrequently. Mr. Grady explained that the Commission's role would be: 1) making a determination that the violation has occurred, and 2) ordering that such notice be recorded on the particular property. Staff has provided the Commission with the information that the violation has occurred, and unless the owner can show Staff's findings to be incorrect (such as a recorded document), the Commission would be bound to have notice of violation posted on the property and recorded. Commissioner Tavorn asked if.this particular property owner had had a previous problem relating to access that had come before the Commission. Mr. Grady responded affirmatively that he had. Item was continued to July 19, 1997. 5. PUBLIC HEARING - REVISED COMPREHENSIVE SIGN PLAN P97-0337 6.1 Staff report was given. This item was opened for Commissioner Comments. Commissioner Dhanens inquired of staff if within the allowance of nine square feet, there was no limit to the height of the logo in relationship to the copy band. Staff replied that although this is correct, they have observed that signs submitted by tenants have been relatively square. Hearing on this item was continued to July 19, 1997. PUBLIC HEARING - EXTENSION OF TIME, TENTATIVE TRACTS 560n Staff report was given. Commissioner Dhanens asked Staff if the Commission's policy when granting extensions of time requires that the subdivision must follow the fee schedule in effect at the time the extension was granted. Mr. Grady replied that in this particular case this is a vested tentative map in which the rights are vested, there is a limitation to what can be applied to the project with an extension of time. Minutes, 7.2 6.3 PC, 7/14/97 Page 3 Chairman Brady said that he would entertain a motion to place this item on the consent agenda. A motion was made by Commissioner Dhanens, seconded by Commissioner Kemper; motion carried. PUBLIC HEARING - TENTATIVE TRACT 5594 Staff report was given. Item was continued to July 19, 1997. PUBLIC HEARING - TENTATIVE TRACT 5602 Staff report was given. Staff recommended a conditional one-year extension of time. This item was opened for Commissioner comments; .none were given. Hearing on this item was continued to July 19, 1997. PUBLIC HEARING - TENTATIVE TRACT 5515, OPTIONAL DESIGN Staff report was given. This item was opened for Commissioner comments; none were given. Item was continued to 'July 19, 1997. PUBLIC HEARING - PRE-ZONING, P97-0296 Staff report was given. This item was opened for Commissioner comments. Chairman Brady asked for an explanation of what the vote would be about and how to handle possible public animosity. Mr. Grady replied that the Commission should make it clear that it would not be a hearing on annexation, merely a way to remove one step in the process before canvassing the neighborhoods for annexation. Commissioner Dhanens asked if the discussion of the vote could touch on what development standards would be applicable to future development in the areas should it be pre-zoned a certain way. Mr. Grady replied that there might be some discussion on that, but the Commission would only be able to render any decision on the basis of whether or not the City has an appropriate zone district which is configured to handle development based on the zone that is in the Minutes, PC, 7/14/97 Page 4 County. Commissioner Dhanens asked if certain regulations on certain pieces of property could be changed or amended as they develop because of inconsistency with the surrounding area. Mr. Grady replied that they could not, not at this level. Commissioner Teeter asked if the Trails Plan would be affected by zone changeS. Mr. Grady replied that the City adopted the Trails Plan of the County in the western area as part of a general plan amendment.. Item was continued to July 19, 1997. 9. PUBLIC HEARING - GENERAL PLAN LAND USE AMENDMENT, ASSOCIATED REZONING, NOISE ELEMENT AMENDMENT P96-0859 AND 10. RESOLUTION MAKING CEO. A FINDING PURSUANT TO SECTIONS 1509'1 AND '15093 OF THE STATE CEQA GUIDELINES AND RECOMMENDINC- CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT FOR THF BAKERSFIELD HEART HOSPITAL AND RELATED MEDICAL OFFICF. BUILDING. Staff recommended that this item be continued to the meetings of August 4th and 7th. Vice,Chairman Tkac turned the meeting back over to Chairman Brady. GENERAL PLAN CONSISTENCY FINDING - PROPOSED ACQUISITION OF A 6,400 SQUARE FOOT PARCEL FOR USES OF A WATER WELL SlTF LOCATED SOUTHWEST OF THE INTERSECTION OF OLD RIVER ROAD AND RIDGE OAK DRIVE ADJACENT TO THE BUENA VISTA CANAl, 1'1. 12. (CATEGORICALLY EXEMPT). Staff report was given. This item was opened for Commissioner comments; none were given.. Item was continued to July 19, 1997. COMMUNICATIONS Mr. Grady stated that there would be an addition of a general plan consistency item to the agenda of July 19, 1997. Mr. Gauthier gave background information. COMMISSIONER COMMENTS None were given. Minutes, 13. 14. PC, 7/14/97 Page DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF PRE-MEETING. This item continued to July 19, 1997. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 12:55 p.m. Laurie Davis Recording Secretary Planning Director