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HomeMy WebLinkAbout10/16/97Council Chamber, City Hall 1. ROLL CALL AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Thursday, October 16, 1997 5:30 p.m. JEFFREY TKAC, Chairperson ROBERT ORTIZ, Vice-Chairperson STEPHEN BOYLE MICHAEL DHANENS MARTI MUNIS-KEMPER 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. 2. PUBLIC STATEMENTS A 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, c/o 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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, 10/16/97 Page 2 3. CONSENT AGENDA ITEMS - (marked by asterisk (*) 1. Agenda Item #8.1 - Zone Change #P97-0549 2. Agenda Item #8.2 - Zone Change #P97-0553 These items will be acted on as a group with~)ut individual staff presentations if no member of the Planning Commission or au~lience 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. PRESENTATION, DISCUSSION AND POSSIBLE ACTION REGARDING SITE PLAN REVIEW PUBLIC HEARING - COMPREHENSIVE SIGN PLAN (Hopper Properties Limited Partnership) A Comprehensive Sign Plan for the Northwest Promenade Shopping Center located at 8100 Rosedale Highway in a PCD (Planned Commercial Development) zone. (Categorically exempt) STAFF RECOMMENDATION: Approve with conditions. Group vote 6. 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 (Heavy Industrial) in the Casa Loma specific Plan area. (Categorically exempt) (Continued from the regular meeting of September 18, 1997) STAFF RECOMMENDATION: Approve with conditions. Group vote Agenda, PC, 10/16/97 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 (Regional Commercial) and a waiver of mineral rights owners' signature in accordance with Bakersfield Municipal Code Section 16.20.060 B.1. (Negative Declaration on file) (Continued from the regular meeting of September 18, 1997) STAFF RECOMMENDATION: Approve with conditions. Group vote 7. PUBLIC HEARING - TENTATIVE TRACT 5429 (Martin-Mclntosh) Located on the northwest corner of White Lane and Old River Road. Consisting of 153 residential lots on 46.26 acres zoned C-1, with a modification for the reduction of the required lot depth, and a waiver of mineral owners signatures in accordance with Bakersfield Municipal Code 16.20.061 B.2. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Group vote 8. PUBLIC HEARINGS - ZONE CHANGES 1) ZONE CHANGE #P97-0549 (First Congregational Church of Bakersfield) Requesting a change from R-1 (One Family Dwelling) to R-l-CH (One Family Dwelling Church) on 3.74 acres for property located on the northwest corner of Stockdale Highway and Real Road. (Negative Declaration on file) STAFF RECOMMENDATION: Roll call vote Approve. 2) zoNE CHANGE #P97-0553 (DeWalt Corporation) Requesting a change from R-1 (One Family Dwelling) to R-l-CH (One Family Dwelling-Church) on 2.01 acres for property located on the southeast corner of Fruitvale Avenue and Olive Springs Drive. (Negative Declaration on file) STAFF RECOMMENDATION: Approve. Roll call vote Agenda, PC, 10/16/97 @. Page 4 PUBLIC HEARING - PRFTONING #P97-0533 (CITY OF BAKERSFIELD) -- FROM VARIOUS COUNTY ZONE DISTRICTS TO SIMILAR CITY DISTRICTS OF R-l, R-2, R- 3, C-O, C-1, C-2, M-1 AND M-2 ZONES ON APPROXIMATELY 381 ACRES FOR PROPERTY LOCATED SOUTH OF BELLE TERRACE GENERALLY NORTH OF PLANZ ROAD BETWEEN UNION AVENUE AND SOUTH "H" STREET. (Negative Declaration on file) STAFF RECOMMENDATION: Approve. Roll call vote 10. STATUS REPORT FOR P.C.D. ZONE CHANGE DISTRICT ON THE NORTHEAST CORNER OF STOCKDALE HIGHWAY AND CALIFORNIA AVENUI" 11. STAFF RECOMMENDATION: Direct staff to initiate General Plan amendment and Zone Change to restore previous office and commercial designations. COMMUNICATIONS A) Written B) Verbal 12. COMMISSION COMMENTS A. Committee__ _s 13. 14. Ocl;ober 13, 1997 Committee appointments by Chairman DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT P R E-M EETI N.____.__~G. ADJOURNMENT ~~ Planning Director ~ . MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held October 16, 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, Vice Chairperson STEPHEN BOYLE MICHAEL DHANENS MARTI KEMPER BETSY TEETER Absent: WADE TAVORN ADVISORY MEMBERS: STAFF: PUBLIC STATEMENT-~ Present: Present: JUDY SKOUSEN, City Attorney CARL HERNANDEZ, Deputy City Attorney JACK LaROCHELLE, Engineering Services Manager DENNIS FIDLER, Building Director STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner JENNIE ENG, Associate Planner LAURIE DAVIS, Recording Secretary None 3, _CONSENT AGENDA ITEM-~ 1) Agenda Item 8.1 -Zone Change P97-0549. 2) Agenda Item 8.2 -Zone Change P97-0553. 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. The public portion of the hearing was opened. Minutes, PC, 9/16/97 Page Commissioner Boyle stated that he was not present at the last meeting, but has listened to the tape recording of that meeting. Commissioner Dhanens made a motion, seConded by Commissioner Ortiz, to approve the Consent Agenda items as presented. Motion carried. PRESENTATION, DISCUSSION AND POSSIBI F: ACTION REGARDING SITE PLAN REVIEW Ms. Skousen gave a report on the site plan draft, and indicated that part of the draft would include review of certain projects by the Planning Director. She also outlined the process of finalizing the draft and which governing bodies or agencies would review it before the final draft is approved.- CommissiOner Dhanens asked for clarification regarding a hearing before the Development Services Director; Ms. Skousen replied that at the time a negative declaration is circulated for public comment, the notice of review by the public would also contain the hearing date and time, the Development Services Director would hold a public hearing where the public could comment on the negative declaration. The Director would review the comments and decide whether such a declaration was appropriate; this decision could also be appealed through the Planning Commission. Mr. Ken Hersh expressed concern that adequate public notification and disclosure not be sacrificed in efforts to streamline the site plan review draft. Mr. Roger Mclntosh stated that site plan review needs to be decided by a licensed professional, whether an architect or engineer. He also pointed out that CEQA does not require a public review of a CEQA document, only a public review of the environmental document and not necessarily a public hearing. He expressed disapproval of the suggestion of a public hearing held by the Development Services Director and subsequent appeals as long as the design is consistent with codes, ordinances and standards of the City. Commissioner Boyle referred to a proposed web site, a Home Page, for the public that would provide such information to the public; staff replied that to date nothing had been done on this item. Mr. Boyle pointed out that other entities had such a web site, including the Chamber of Commerce and a local high school, and recommended that such a tool would be a great convenience to the public. Ms. Skousen pointed out that the City was not connected to the Internet at this time, but that such a suggestion might be put to the Council. Chairman Tkac agreed with Mr. Mclntosh's comments about distinguishing design review from site plan review. Minutes, PC,9/16/97 Page 3 Commissioner Dhanens asked if public input in site plan review would be limited to environmental impact. Ms. Skousen replied that public input or appeals Would not be taken on_des gn and that Staff was working on,making certain.that such a distinCtion would be clear. Mr. Dhanens asked if review and discussion of the draft document would be open to public input; Ms. Skousen replied that they would. Chairman Tkac commented that a web site as suggested by Commissioner Boyle would be useful in keeping abreast of such developments. Commissioner Kemper stated that while it was important to be in compliance with State law, it was equally important to consider effective simplification that would eliminate redundancy that might delay projects that do meet the criteria. 5. PUBLIC HEARING - COMPREHENSIVE SIGN PLAN -- A COMPREHENSIVF SIGN PLAN FOR THE NORTHWEST PROMENADE SHOPPING CENTER' LOCATED AT 8100 ROSEDALE HIGHWAY IN A PCD (PLANNEr) COMMERCIAL DEVELOPMENT) ZONE. Commissioner Dhanens declared a conflict of interest on this item. Staff report was given recommending approval with conditions. The public hearing portiOn of this item was opened; no one spoke in opposition. Mr. Lee Jamieson, representing Hopper Properties Limited Partnership, offered to answer any question regarding the signage, stating that the owners were in agreement with staff recommendations. The public hearing portion of this item was closed. Commissioner Boyle asked how the 400-square-foot theater marquee compared to other theaters in town. Staff replied that the marquee was similar to those in the Marketplace. A motion was made by Commissioner Boyle, seconded by Commissioner Kemper, to adopt the resolution with all findings and conditions approving Comprehensive Sign Plan P97-0579 as depicted in the project description. Motion carried. Minutes, PC,9/16/97 Page 4 6.'1) PUBLIC HEARING - TENTATIVE PARCEL MAP 10347 Staff..r. epo The public hearing portion of this item was opened; no one spoke in opposition. Mr. Wiley Hughes, the owner's representative, offered to answer any questions from the Commission; however, he requested that the item be continued for another two meetings. Commissioner Boyle asked for cause for continuance; Mr. Hughes replied that conditions recommended by staff included revising the size and shape of the parcels would necessitate the owner contacting the mineral rights owners, and time would be needed to properly research this requirement. The public hearing portion of this item was closed. Commissioner Dhanens asked if an access easement could not be granted across Lot 2 prior to the extension of Madison Street. Staff replied that such an easement would reduce the size of Parcel 1 to below 20 acres, which would cause other problems. Mr. Dhanens asked if suCh a reduction was just cause to grant a continuance; Staff replied that it was not, that there were other options available to the owner to solve the mineral rights question. Mr. Hughes stated that the property owner was currently trying to obtain a ruling from the property owner's attorney and the title company. Commissioner Boyle asked if the installation of required street improvements such as curbs and gutter would be included at the time the building permit is issued. Staff replied that the scheduling of these improvements would vary according to conditions. Commissioner Boyle made a motion, seconded by Commissioner Ortiz, that this item be continued to the pre-meeting of November 17th and the regular meeting of November 20, 1997. Motion carried. 6.2) REVISED VESTING TENTATIVE PARCEL MAP 963n Staff report was given recommending approval with conditions. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Bob Smith of Sequoia Engineering represented the owner, and offered to answer any questions from the Commission. Mr. Smith stated that they are in agreement with the recommended conditions as written. The public hearing portion of this item was closed. Minutes, PC,9/16/97 Page 5 Commissioner Dhanens referred to Condition 9 asking what type of development would require installation of a deceleration lane. Staff deferred to Mr. Walker, ....... .Tmffic_Engineer,_who.stated _that examples~Nould .include_a se[vice..station_.with _. five pump islands, a small shopping center of about 5,000 square feet or a 7,500 square foot restaurant. Commissioner Boyle asked if traffic would be able to turn left from Market Street to travel northbound on Coffee. Mr. LaRochelle replied it would probably be restricted for left turn in northbound, and southbound right in and right out; traffic coming out of the center would be compelled southbound onto Coffee. A motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz, to approve the Revised Vesting Tentative Parcel Map 9630 as set forth in the attached resolution (Exhibit A) with the revision to Condition 9 as outlined in the memorandum from Jack LaRochelle dated October 8, 1997. Motion carried. 7. PUBLIC HEARING - TENTATIVE TRACT 524~ 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, representing the owner, requested the deletion of Condition 5.1.2, regarding the right-turn deceleration lane on Old River Road at Oak Ridge Drive. In order to comply with this condition, the owner would have to acquire an additional right-of-way to accommodate the improvements, or offset the entire street to the east. Mr. Mclntosh stated that the option of offset would be expensive, and negotiations with the Kern Water District are historically difficult as well as expensive. The public hearing portion of this item was closed. Commissioner Boyle asked for input from Mr. LaRochelle regarding the owner's request. Mr. LaRochelle deferred to Mr. Walker, who replied that the request was a reasonable one for this particular location. Commissioner Dhanens referred a discrepancy of one foot on a portion of Street Section A, an extension of Ridge Oak Drive, which has an 80-foot right of way, stating that a nineteen-foot section should be twenty feet Mr. LaRochelle agreed for the record that the section in question would read twenty feet on the final parcel map. Mr. Dhanens said that he would not oppose striking Condition 5.1.2 to delete the deceleration lane on Old River Road. A motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz, to approve Tentative Tract 5249 with findings and conditions set forth in the attached resolution (EXhibit A) with the deletion of Condition 5.1.2. Motion carried. Minutes, PC, 9/16/97 8. PUBLIC HEARINGS - ZONE CHANGES Page 6 .'1 ) ...... ZoneC. ha n~le-P9?--0549_(Fi~rst Concj relational_Ch u rch_.of_Bakersfield). This item was approVed as a consent item. 2) Zone Change P97-0553 (DeWalt Corporation) This item was approved as a consent item. PUBLIC HEARING - PREZONING P97-0533 CITY OF BAKERSFIELD REQUESTS PREZONING FROM VARIOUS COUNTY ZONE DISTRICTS TO SIMILAR CITY DISTRICTS OF R-I, R-2, R-3, C-0, C-1, C-2, M-1 AND ZONES ON APPROXIMATELY 381 ACRES FOR PROPERTY LOCATED SOUTH OF BELLE TERRACE GENERALLY NORTH OF PLANZ ROAD BETWEEN UNION AVENUE AND SOUTH H STREET Staff report was given recommending approval. The public hearing portion of this item was opened; no one spoke in opposition. The public hearing portion of this item was closed. A motion was made by Commissioner Kemper, seconded by Commissioner Ortiz, to adopt the resolution making findings approving the negative declaration and approving the requested zone change P97-0533 from the County to the City, R-l, R-2, R-3, C-0, C-1, C-2, M-1 and M-2 zones as shown on the map in Attachment A located south of Belle Terrace generally north of Planz Road between South H Street and Union Avenue and recommend same to the City Council. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Teeter, Ortiz, Tkac NOES: None Minutes, PC,9/16/97 Page 7 10. STATUS REPORT FOR P.C.D ZONE CHANGE DISTRICT ON THE NORTHEAST CORNER OF STOCKDALE HIGHWAY AND CALIFORNIA ...... AVENUE ............ Staff report was given. There is a request by the applicant to continue this matter for one year, since they are in the process of selling the property. Staff recommended granting the continuance. The public hearing portion of this item was opened; no one spoke in opposition. Commissioner Ortiz asked if the applicant could come back at the end of one year and ask for another continuance. Staff replied that it could continue as long as there remains a viable option to develop the property as a P.C.D. Commissioner Boyle disclosed that he had a telephone conversation with Jeff Andrew and one other party regarding this matter. Commissioner Teeter expressed support for granting the cOntinuance. Chairman Tkac commented that the PCD zone designation for this property had been granted in March of 1994, and considering the present unsightly appearance of the property, questioned the value of extending the matter another year. Mr. Grady stated that some of the benefits that would have accrued because of this project, such as street improvements, are already in place. Mr. LaRochelle reminded Mr. Grady that the City of Bakersfield ultimately paid ' for those improvements, specifically one million dollars to widen the intersection. Mr. Fred Porter, engineer for the applicant, stated that there has been considerable interest in the property from various commercial real estate developers, including Smith's Market. He stated that the existing use is not viable, and that with a year's extension, Smith's feels confident the project, postponed three years before, will be completed. Commissioner Boyle stated while he had no objections to continuing this item, the continuance would be based on the assumption that escrow would close in February. Mr. Boyle asked if the continuance could be granted conditionally until March unless escrow does in fact close, in which case it would automatically continue to October. Staff replied that the item could be placed on the March agenda for review and further direction as necessary. Mr. Porter stated that a one,year extension would be preferred. Commissioner Dhanens agreed with Mr. Porter, and expressed support of the continuance as requested. Minutes, PC,9/16/97 Page 8 11, Commissioner Teeter concurred with Commissioner Dhanens, and also __e×pmssed_support..o[_the-continuance as requested Commissioner Kemper agreed with Commissioners Dhanens and Teeter. Chairman Tkac asked if there were any other uses this property might have under the PCD classification. Mr. Grady replied that the property has designations for a market, a large retail block, a restaurant, a pad for both fast food and retail shops. Commissioner Boyle felt that considering the possibility that escrow will not close, a March deadline is appropriate; if escrow has closed or is pending, it can be continued again as necessary. Commissioner Tkac concurred with Commissioner Boyle's concern. Commissioner Teeter stated that even if a developer did pull out of the proposed project, she felt that the existing PCD should remain because she feels this is the best use for this particular property. A motion was made by Commissioner Dhanens, seconded by Commissioner Kemper, to direct Staff to provide another status report regarding Zone Change 5516 on the second public hearing in October, 1998. Motion carried. COMMUNICATIONS There were no written or verbal communications. COMMISSION COMMENTS Mr. Grady stated that Chairman Tkac had been provided with a written status report from the Public Facilities and Easements Committee regarding electric transmission lines. The report indicated that the committee had completed its work and directed Staff to prepare ordinances and policy amendments to be presented to the Planning Commission on the December 18th cycle. Commissioner Dhanens reported a call by Ms. Barbara Curry of 6004 Midas Street regarding the McCleary Street-Parsons Way road closure (March 1996). Ms. Curry pointed out that in the Commission's resolution included a temporary barrier whose effectiveness would be re-examined in one year's time. Mr. Dhanens requested Staff'to look into the status of this item. Chairman Tkac postponed the appointment of members to the various committees to the next Commission meeting. Minutes, PC,'I~./-i%/9:7. . ~ _-- Page 13. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF 14. THE NEXT PRE-MEETING Next pre-meeting was not cancelled. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned 7:10 p.m. Laurie Davis Recording Secretary STANLEY GRADY, Secretary Planning Director