HomeMy WebLinkAbout09/18/97 AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
Thursday, September 18, 1997
5:30 p.m.
1. ROLL CALL
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appeals are withdrawn priOr to the City Council hearing, it will not be conducted and the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.
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withdrawn, the action of the Planning Commission shall become final.
Agenda, PC, 9/18/97
Page 2
3. CONSENT AGENDA ITEMS - (marked by asterisk (*)
1) Agenda Item #5.2 - Revised Vesting Tentative Parcel Map 9630
2)
Agenda Item #8. - Release of Covenant of Common Access for property
located at the southwest corner of Rio Mirada Drive and Arrow Street.
3)
Agenda Item #10.1 - General Plan Consistency Finding - proposed
acquisition of 3.5 acres generally along the south side of the Kern River
Canal between Buena Vista Road and Old River Road.
4)
Agenda Item #10.2 -General Plan Consistency Finding -vacation of both
streets and alleys at the Old Southern Pacific Freight Terminal property
southeast of 24th Street and "S" Streets.
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.
APPROVAL OF MINUTES
Approval of minutes of the regular meeting held August 4, and August 7, 1997.
PUBLIC HEARING - TENTATIVE PARCEL MAP'
1) TENTATIVE PARCEL MAP 10347 (Alta Engineering/Hughes Surveying)
Located on the northwest corner of East Pacheco Road and Cottonwood Road.
Consisting of 4 parcels on 93.68 acres zoned 7.3 in the Casa Loma specific Plan
area. (Categorically exempt)
STAFF RECOMMENDATION: Continue to October 13th and 16th at the
request of the applicant.
Group vote
Agenda, PC, 9/18/97
Page 3
2) REVISED VESTING TENTATIVE PARCEL MAP 9630 (Sequoia Engineering)
Located on the southwest corner of Coffee Road and Brimhall Road. Consisting'
of 7 parcels on 19.67 acres zoned C-2 and a waiver of mineral rights owners'
signature in accordance with Bakersfield Municipal Code Section 16.20.060 B.1.
(Negative Declaration on file)
STAFF RECOMMENDATION: Approve with conditions.
Group vOte
6. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT
TENTATIVE TRACT 5738 (Telstar Engineering)
Located between Highway 99 and South H Street, and south of the Arvin-Edison Canal.
Consisting of 504 lots for single family residential and 1 park lot on 120 acres for
property zoned R-1. (Categorically exempt) (Continued from the regular meeting of
September 4, 1997)
STAFF RECOMMENDATION: Approve with conditions.
Group vote
7. PUBLIC HEARING - TENTATIVE TRACT
VESTING TENTATIVE TRACT 5881 (Martin-Mclntosh)
Located on the southeast corner of Stockdale Highway and South Allen Road.
Consisting of 209 lots for single family residential and 1 lot for open space on 87.88
acres zoned R~I and OS and a waiver of mineral rights owners' signature in accordance
with Bakersfield Municipal Code Section 16.20.060 B.1. (Negative Declaration on file)
STAFF RECOMMENDATION: Approve with conditions
Group vote
8. PUBLIC HEARING - RELEASE OF COVENANT OF COMMON ACCESS (Rickett,
Delmarter and Deifel)
Release and removal of a common access easement for property located at the
southwest corner of Rio Mirada Drive and Arrow Street. (Categorically exempt)
STAFF RECOMMENDATION: Approve
Group vote
Agenda, PC, 9/18/97
9. PUBLIC HEARINGS - GENERAL PLAN'AMENDMENTS AND ZONE CHANGES
10.
11.
12.
Page 4
1)
GENERAL PLAN AMENDMENT CASE NO. P97-0406 -- CITY OF
BAKERSFIELD has proposed an amendment to the Land Use Element of the
Bakersfield Metropolitan 2010 General Plan by changing the land use
designation from HR to LR on 20 +/- acres for property located on the south side
of Fairview Road, about 700 feet west of South Union Avenue. (Negative
Declaration on file)
STAFF RECOMMENDATION: Approval with condition
Roll call vote
2)
CONCURRENT GENERAL PLAN AMENDMENT/ZONE CHANGE CASE NO.
P97-0407 -- MARTIN-McINTOSH FOR CASTLE AND COOKE CALIFORNIA,
INC. has proposed an amendment to the Land Use Element of the Bakersfield
Metropolitan 2010 General Plan by amending Condition No. 9 of Resolution No.
109-90 and Ordinance No. 3308. (Categorically exempt)
STAFF RECOMMENDATION: Approve as requested
Roll call vote
GENERAL PLAN CONSISTENCY FINDING (Government Code Section 65402)
1)
Consistency finding pursuant to Section 65402 of the Government Code for
proposed acquisition of 3.5 acres generally along the south side of the Kern
River Canal between Buena Vista Road and Old River Road. (Categorically
exempt)
STAFF RECOMMENDATION: Make finding.
Group vote
2)
Consistency finding pursuant to Section 65402 of the Government Code for
vacation of both streets and alleys at the Old Southern Pacific Freight Terminal
property southeast of 24t" and "S" Streets. (Categorically exempt)
STAFF RECOMMENDATION:
Make Finding.
Group vote
ELECTION OF OFFICERS
DISCUSSION AND POSSIBLE ACTION REGARDING CONTENT OF LETTER FROM
CHAIRMAN TO THE CITY COUNCIL REGARDING SITE PLAN REVIEW
Agenda, PC, 9/18/97
13.
14.
15.
Page 5
COMMUNICATIONS
A) Written
B) Verbal
COMMISSION COMMENTR
A. Committees
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT
16.
PRE-MEETING.
ADJOURNMENT
September 15, 1997
Planning Director
MINUTES OF THE REGULAR MEETING
OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Held Thursday, September 18, 1997, 5:30 p.m., City Council Chamber, City Hall, 1501
Truxtun Avenue, Bakersfield, California.
1. ROLL CALL
COMMISSIONERS:
Present:
JEFFREY TKAC, Chairperson
ROBERT ORTIZ, ViceChairperson
STEPHEN BOYLE
MICHAEL DHANENS
MARTI KEMPER
WADE TAVORN
BETSY TEETER
ADVISORY MEMBERS:
Present:
CARL HERNANDEZ, Deputy City
Attorney
JACK LaROCHELLE, Engineering
Services Manager
JACK HIGHFILL, Building Inspector'lll
STAFF:
Present:
STANLEY GRADY, Planning Director
JIM MOVIUS, Principal Planner
MARC GAUTHIER, Principal Planner
JENNIE ENG, Associate Planner
LAURIE DAVIS, Recording Secretary
PUBLIC STATEMENTS
CONSENT AGENDA ITEMS
1. Agenda Item 5.2 - Revised Vesting Tentative Parcel Map 9630.
A letter was received from the applicant requesting a continuance to
October 16th. It was recommended this item not be included in any
motion to approve the consent agenda and that it be taken up under its
normal place on the agenda.
Minutes, PC, 9/18/97
Page 2
Agenda Item 8 - Release of Covenant of Common Access for
Property located at the southwest corner of Rio Mirada Drive and
Arrow Street.
Commissioner Dhanens declared a conflict of interest on this item and
therefore did not vote on the consent items.
Agenda Item 10.1 - General Plan Consistency Finding - proposed
acquisition of 3.5 acres generally along the south side of the Kern
River Canal between Buena Vista Road and Old River Road.
Agenda Item 10.2 - General Plan Consistency Finding - vacation of
both streets and alleys at the Old Southern Pacific Freight Terminal
property southeast of 24th Street and S Street.
A motion was made by Commissioner Kemper, seconded by
Commissioner Ortiz, to approve consent consisting of Agenda Items 2, 3
and 4. Motion carried.
4. APPROVAL OF MINUTES
Motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz,
to approve the minutes of the regular meetings of August 4 and 7, 1997. Motion
carried.
$.1 PUBLIC HEARING - TENTATIVE PARCEL MAP 10347
Staff recommended a continuance to October 13th and 16th at the request of the
applicant,
The public hearing portion of this item was opened; no one spoke in opposition
or in favor.
Motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz,
to continue Agenda Item 5.1 to the meetings of October 13 and 16, 1997.
Motion carried.
~Minutes, PC, 9/18/97 Page 3
5.2) PUBLIC HEARING - REVISED VESTING TENTATIVE PARCEL MAP 9630
Staff recommended a continuance to October 13th and 16th at the request of the
applicant, who is negotiating access with the adjoining property owner.
The public hearing portion of this item was opened; no one spoke in opposition.
Bob Smith with Sequoia Engineering volunteered to answer any questions, but
stated they had requested a continuance.
Commissioner Dhanens asked for the status of negotiations of working out the
off-site road with adjoining developer. Mr. Smith stated Ron Froehlich with the
Buccaneer Bay property and B&C Properties are working out the cost of the
access road.
Motion was made by Commissioner Kemper, seconded by'Commissioner Ortiz,
to continue this item to the October 16, 1997 hearing. Motion carried.
PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5738
Staff report recommending approval with conditions was giVen.
The public hearing portion of this item was opened; no one spoke in opposition.
Carl Moreland with Telstar Engineering stated they were in agreement with
Staff's recommendations.
The public hearing portion of this item was closed.
Commissioner Dhanens asked for an update and a brief synopsis on the impact
these changes will have on the conditions of approval. Staff advised it was the
same as discussed in the pre-meeting, except with additional verbage for the
finding to require improvements with Lots 17 and 18.
CommiSsioner Dhanens asked if the tract is currently entitled to a one year
extension. Staff advised it was entitled to an extension. A permanent extension
would be up to the local jurisdiction.
'Minutes, PC, 9/18/97 Page 4
Commissioner Dhanens inquired if the project was granted an extension of time
for one year, and if the Grand Canal Project was approved for the northern part
of the tract, what would be the effect of the tentative tract. Staff advised there
would be a property with two zones on it and a project inconsistent with the
underlying tentative map. Commissioner Dhanens asked if approval of the
General Plan Amendment would supersede the tentative tract. Staff advised it
would not for vesting. Commissioner Dhanens asked if Berkshire Road, as it
passes through this tract west of South H, is a collector street or a local street.
Staff advised it was reduced from a collector to a local road through the action of
City Council.
A motion was made by Commissioner Dhanens, seconded by Commissioner
Kemper, to approve a six-month extension of time for vesting Tentative Tract
5738 to expire February 24, 1998 with findings and conditions set forth in the
resolution attached as Exhibit A to include the memorandum from Stanley Grady
dated September 18, 1997. Motion carried.
7. PUBLIC HEARING - TENTATIVE TRACT 5881
Staff report was given recommending approval with conditions.
The public hearing portion of this item was opened; no one spoke in opposition.
Mr. Roger Mclntosh of Martin-Mclntosh, representing the owner Sterling Oaks,
asked that Condition No. 4, payment into escrow of improvements, be removed
in its entirety. On Condition 1, they concurred with the September 18th memo
from the Planning Department and Public Work Department correcting the zone
change number. They concurred with the changes as identified in the
September 18th memo as far as Conditions No. 5.1, 5.1.3, 5.2.1 and 6.2. On
5.1.2 and the second 5.3.2, they requested a reduction to 24 feet and
decomposed gravel instead of 2/10ths asphalt. On Condition 9, they requested
that the City participate in the cost of the duplicate bike lane. On Condition 10,
they concurred with raising the amount from $270,000 to $318,000. They
requested that certain conditions be taken out of the Information Only conditions.
They requested Conditions 19 and 20 be removed because it is not the
responsibility of the developer pursuant to the settlement agreement to improve
the 40 foot buffer, and pursuant to the Subdivision Map Act, it cannot be a
requirement that the developer be required to improve access to a natural
resource.
Minutes, PC,-9/18/97'-
Page 5
Mr. Rich O~Neill spoke on behalf of the Kern River Parkway Committee and the
Public Access Committee. He stated they support the block wall, and their
intention with the 40' buffer was to leave it as a recreational corridor and to build
a bike path from Stockdale Highway to Allen Road.
The public hearing portion of this item was closed.
'Commissioner Boyle asked if emergency accesses could be required as a matter
of public safety. Staff stated they could. Commissioner Boyle asked the City's
position on requiring the developer to create a homeowner's association to
maintain the parcel. Staff stated that would be entirely appropriate as it would be
a private open space access and they would be the beneficiary of it.
Commissioner Boyle agreed with Staff's recommendations.
Commissioner Teeter asked Staff if negotiations were still open on the forty foot
easement and Staff stated they were.
Commissioner Tavorn asked Staff if there was a limit as to how long a block
could be. Staff stated that blocks longer than 1,000 feet were part of their
request. Commissioner Tavorn asked Mr. Mclntosh if Phase E was going to be
tracted. Mr. Mclntosh stated it will be subdivided in the future or sold as a whole
parcel and subdivided later. Commissioner Tavorn asked Staff if Phase E is sold
Would the new buyer have to come before the Planning Commission_to get a
new land designation. Staff stated they would.
Commissioner Dhanens recognized Mr. Mclntosh.
Mr. Mclntosh asked Staff which condition states a homeowners association or
entity shall maintain the buffer. Staff stated it was Condition #20. Mr. Mclntosh
stated the 40 foot wall would need to be a public improvement.
Commissioner Dhanens asked Mr. O'Neill how the 40 foot strip would be utilized.
Mr. O'Neill stated the agreement with Castle and Cooke was to use it as an open
space, recreational corridor to circulate people throughout the area, and the
block wall would be used to protect it. Commissioner Dhanens discussed with
Staff the necessity for the owner to put money' into the escrow account.
Commissioner Dhanens recognized Mr. Mclntosh, who stated the phasing listed
is not necessarily the order in which the phases are going to be built.
'Minutes, PC, 9/18/97 Page 6
Commissioner Dhanens asked if Staff would consider the point about the
secondary access point and going to the 24 feet of decomposed granite. Staff
stated if it was just for fire access, decomposed granite is fine; however, with the
length of roads they anticipate residents will use it on a regular basis. Staff
stated they would reduce the width from 32 feet to 24 feet. Commissioner
Dhanens stated he agreed with StafFs recommendations On the modifications to
the subdivision standards on the lots.
Commissioner Boyle asked Staff if it was possible for the owner to bond for the
difference of cost on Condition 4. Commissioner Boyle stated he supported
StafFs recommendations; but wondered if a bond was an alternative. Commis-
sioner Boyle asked if they could use decomposed granite for just the emergency
access roads. Staff stated they would be used as secondary access. On
Condition 9-1, Commissioner Boyle asked Staff if the City could share in the
cost.
Mr. Mclntosh stated the owner concurs with Condition No. 33 of the memo dated
September 18, 1997 if they could come back and apply for general plan
amendment and zone change.
Commissioner Boyle asked Staff if the wall was constructed on the back line of
the property owner's land would they be required to maintain it. Staff stated they
would.
Commissioner Dhanens asked Staff if there were masonry walls built on rear lot
lines that are maintained by homeowners. Staff stated yes. Commissioner
Dhanens asked if it was the City Council's condition that the multi-purpose trail
along Stockdale Highway be either asphalt or concrete.
Commissioner Boyle asked Staff about modifying the language on Condition 20,
and Staff agreed that it would be acceptable.
Commissioner Dhanens asked Staff if the fence and gate reference could be
omitted entirely. Staff advised that Condition 25 requires that it be fenced.
A motion was made by Commissioner Boyle, seconded by Commissioner
Dhanens, to approve and adopt the Negative Declaration and to approve Vesting
Tentative Tract Map 5881 with findings and conditions set forth in the resolution,
attached as Exhibit A, and incorporating the revisions as recommended by the
Planning Director's memorandum of September 18, 1997, along with the
following additional changes:
Minutes, PC, 9/18/97 Page 7
Public Works condition that the 32 foot wide emergency secondary access roads
be reduced to 24 feet and all the various applicable paragraphs.
Paragraph 20 beginning with the ninth line down starting with "other" be changed
to read "other access points shall be fenced, gated and/or bollared constructed
until such time as any pedestrian, bicycle or equestrian trail is constructed at
which time the fence or gates shall be reconstructed for the applicable use. At
all times signs shall be posted to prohibit vehicular access by the public and
residents," pursuant to the General Plan Amendment P96-0286. Provided that
the open space is not conveyed to the Kern River Public Access Committee or
other non-profit entity, then a homeowner's association shall be formed to
maintain the gated community or other entity.
Motion carried.
8. PUBLIC HEARING - RELEASE AND REMOVAL OF A COMMON ACCES-~
EASEMENT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF
9.1
RIO MIRADA DRIVE AND ARROW STREET.
This item was approved on the consent agenda.
PUBLIC HEARING - GENERAL PLAN AMENDMENT CASE NO. P97-0406 -
CITY OF BAKERSFIELD HAS PROPOSED AN AMENDMENT TO THE LANr)
USE ELEMENT OF THE BAKERSFIELD METROPOLITAN 2010 GENERAl.
PLAN BY CHANGING THE LAND USE DESIGNATION FROM HR TO LR ON
20 +/- ACRES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF
FAIRVIEW ROAD, ABOUT 700 FEET WEST OF SOUTH UNION AVENUE.
Staff report was given.
The public hearing portion of this item was opened; no one spoke in opposition.
The public hearing portion was closed.
A motion was made by Commissioner Ortiz, seconded by Commissioner Boyle,
to adopt Resolution approving and adopting the Negative Declaration and
approving the General Plan Amendment with the findings and conditions as
presented in said resolution, see Exhibit E, and recommend same to the City
Council. Motion carried by the following roll call vote:
AYES:
Commissioners Boyle, Dhanens, Ortiz, Tavorn, Teeter, Tkac
NOES: None
ABSENT: None
Minutes, PC, 9/18/97 Page
9.2 PUBLIC HEARING - CONCURRENT GENERAL PLAN AMENDMENT/ZONF
CHANGE CASE NO. P97-0407 - MARTIN-MCINTOSH FOR CASTLE AND
COOKE CALIFORNIA INC.HAS PROPOSED AN AMENDMENT TO THE LAND)
USE ELEMENT OF THE BAKERSFIELD METROPOLITAN 2010 GENERAl
PLAN BY AMENDING CONDITION NO. 9 OF RESOLUTION NO. 109-90 AND
ORDINANCE NO. 3308.
No Staff report was given.
The public hearing portion of this item was opened; no one spoke in opposition.
Mr. Roger Mclntosh of Martin-Mclntosh Engineering, represented the owner,
Castle and Cooke, stated they would like the landscape improvements along Old
River Road to be done in three stages, and that they agreed with Staff's
recommendations.
The public hearing portion was closed.
Commissioner Dhanens asked Staff what the east-west boundaries are. Staff
advised they are Ridge Oak and White Oak Streets.
'A motion was made by Commissioner Dhanens, seconded by Commissioner
Ortiz, to adopt Resolution recommending approval of the requested General
Plan Amendment modifying the conditions of approval for GPA 2-90 Segment 4
with the findings and conditions as presented in said resolution, see Exhibit E-l,
and recommend same to the City Council. Motion carried by the following roll
call vote:
AYES:
NOES:
Commissioners Boyle, Dhanens, Ortiz, Tavorn, Teeter, Tkac
None
ABSENT:
Commissioner Kemper
A motion was made by Commissioner Dhanens, seconded by Commissioner
Teeter, to adopt Resolution recommending approval with the amended
conditions of approval for zone change 5028 with findings and conditions as
presented in said resolution, see Exhibit E-2, and recommend same to the City
Council. Motion carried by the following roll call vote:
AYES:
Commissioners Boyle, Dhanens, Ortiz, Tavorn, Teeter, Tkac
NOES: None
ABSENT:. Commissioner Kemper
Minutes, PC, 9/18/97 Page
10.1 GENERAL PLAN CONSISTENCY FINDING PURSUANT TO SECTION 65402
OF THE GOVERNMENT CODE FOR PROPOSED ACQUISITION OF 3.5
ACRES GENERALLY ALONG THE SOUTH SIDE OF THE KERN RIVER
10.2
CANAL BETWEEN BUENA VISTA ROAD AND OLD RIVER ROAD.
CONSISTENCY FINDING PURSUANT TO SECTION 65402 OF THE
GOVERNMENT CODE FOR VACATION OF BOTH STREETS AND ALLEYS
AT THE OLD SOUTHERN PACIFIC FREIGHT TERMINAL PROPERTY
11.
12.
SOUTHEAST OF 24TH AND S STREETS.
Both of these items were approved as part of the consent agenda.
ELECTIONS OF OFFICERS
Nominations were opened for Chairman. Commissioner Tavorn nominated
Commissioner Boyle for Chairman. Commissioner Teeter nominated Vice
Chairperson Tkac for Chairman. Commissioner Boyle withdrew his name from
nomination. Nominations were closed, a vote was taken and Commissioner
Tkac was elected as Chairman.
Nominations were opened for Vice-Chairman. Commissioner Boyle nominated
Commissioner Ortiz for Vice Chairman. Nominations were closed, a vote was
taken and Commissioner Ortiz was elected as Vice-Chairman.
DISCUSSION OF POSSIBLE ACTION REGARDING CONTENT OF LETTER
FROM CHAIRMAN TO THE CITY COUNCIL REGARDING SITE PLAN
13.
14.
REVIEW.
Staff made recommendations to the commission.
COMMUNICATIONS
Staff asked if any Commissioners wanted to attend a CEQA workshop on
October 17th. Commissioner Ortiz and Commissioner Teeter asked to be
included along with Commissioner Kemper who was previously registered.
Staff advised the Public Utilities Committee meeting was not held and will need
to be rescheduled.
COMMISSION COMMENTS
Commissioner Tkac stated committees would need to be reorganized.
Minutes, pC, .9/18/97 Page
15. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF
10
16.
THE NEXT PRE-MEETING
Staff made its recommendations. A motion was made by Commissioner Boyle to
cancel the pre-meeting of September 29th. Motion carried.
ADJOURNMENT
There being no further business to come before the Commission, the meeting
was adjourned at 7:40 p.m.
Laurie Davis
Recording Secretary