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Home My WebLink About12/01/97 AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall Monday, December 1, 1997 12:15 p.m. 1. ROLL CALL JEFFREY TKAC, Chairman ROBERT ORTIZ, Vice-Chairman 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. A 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. 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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, 12/1/97 3. ~CONSENT AGENDA ITEMS (marked by asterisk (*) ,Page 2 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. 4. PUBLIC HEARING - AMENDING MAP (Simpson, Lusich, VanCuren) Amending Map (Parcel Map 7744) - a request to allow an additional access point on the west side of South Mt. Vernon Avenue between State Route 58 and Gateway Avenue. (Categorically exempt) Continued from the regular meeting of November 20, '1997) STAFF RECOMMENDATION: Deny. Group vote 5. REVISED WALL CONCEPT PLAN FOR SEVEN OAKS. P97-0760 (Martin-Mclntosh) Request t° allow deletion of view fence to be replaced by a masonry wall on the east side of Buena Vista Road, approximately 1,600 feet south of Ming Avenue, adjacent.to the Seven Oaks Golf Course. (Categorically exempt) STAFF RECOMMENDATION' Approve 6. STATUS REPORTS FOR PCD ZONE CHANGES i) ZONE CHANGE 5176 Located on the sOuthwest corner of Stockdale Highway and South Allen Road. STAFF RECOMMENDATION: Receive and file report. Agenda, PC, 12/1/97 2) ZONE CHANGE 5564 Page 3 . Located at 5700 Stockdale Highway (north side of Stockdale Highway, approximately ~ mile west of California Avenue). STAFF RECOMMENDATION: Direct staff to initiate General Plan amendment and Zone Change to restore previous office designations if a PCD zone change application is not submitted to the city by December 31, 1997. PUBLIC HEARINGS - EXTENSIONS OF TIME EXTENSION OF TIME - TENTATIVE TRACT 5552 (Porter-Robertson Engineering) Located approximately 600 feet west of Renfro Road and 1/4 mile north of Stockdale Highway. Consisting of 77 lots on 16.25 acres, zoned R-1 (One Family Dwelling) zone. (Categorically exempt) STAFF RECOMMENDATION: Approve with conditions. Group vote 8. PUBLIC HEARING - VESTING TENTATIVE TRACT VESTING TENTATIVE TRACT 5882 (PHASED) (Martin-Mclntosh Engineering) Located on the south side of Brimhall Road, between Allen Road and Jewetta Avenue. Consisting of 682 lots for single family residential on 245.38 acres zoned R-1 (One Family Dwelling) and R-l-CH (One Family Dwelling-Church) and a waiver of mineral rights signatures pursuant to BMC 16.20.060 B.1..(Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Group vote 9. PUBLIC HEARING - TENTATIVE PARCEL MAP TENTATIVE PARCEL MAP 10470 (Simpson, Lusich, VanCuren) Located at the southeast corner of White Lane and Buena Vista Road. Consisting of 5 parcels on 13.22 acres on propertY zoned C-1 (Neighborhood Commercial). (Negative Declaration on file) (Continued from the regular meeting of November 20, 1997) STAFF RECOMMENDATION: Approve with conditions. GrOup vote Agenda, PC, 12/1/97 Page 4 10. PUBLIC HEARING - TITLE 17 -- TEXT AMENDMENT Proposed amendment to the text of Title 17 regarding yard encroachments for carport's, canopies, patios and porches. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Roll call vote · 11. PUBLIC HEARING -TITLES 16AND 17-- TEXT AMENDMENT Proposed amendment to the text of Titles 16 and 17 regarding (1) the additional of wording restricting the creation of reversed corner'lots, (2) clarifying the definition of a key lot, and (3) deleting fencing regulations concerning reversed corner lots. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Roll call vote 12. GENERAL PLAN CONSISTENCY FINDING Consisting finding pursuant to Government Code Section 65402 for vacation of 30-foot wide .public alley located southwesterly Of Sylvia Drive and South Chester Avenue. (Categorically exempt) STAFF RECOMMENDATION: Approve subject to reservation of 20-foot wide paved access easement for fire protection access. Group vote 13. COMMUNICATIONS A) Written B) Verbal 14. COMMISSION COMMENTS A. Committees 15. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING. 16. ADJOURNMENT November 21, 1997 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Monday, December 1, 1997, 12:15 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 MARTI KEMPER BETSY TEETER Absent: MICHAEL DHANENS WADE TAVORN ADVISORY MEMBERS: Present: CARL HERNANDEZ, Deputy City Attorney JACK LEONARD, Assistant Building Director JACK LaROCHELLE, Engineering Services Manager STAFF: Present: JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner JENNIE ENG, Associate Planner LAURIE DAVIS, Recording Secretary PUBLIC STATEMENTS None CONSENT AGENDA ITEM.~ None PUBLIC HEARING - AMENDING MAP (PARCEL MAP 77~) Staff report was given recommending denial. Commissioner Ortiz asked if a third gate entrance and retractable spikes was to be required. Staff replied that it could be put on as a condition, but that it might generate more problems than it would solve; staff indicated that the site had ample property to handle circulation on site. Minutes, PC,12/1/97 Page 2 Commissioner Boyle stated that he would not be able to attend the meeting of December 4, 1997, and indicated he would be willing to consider some type of restricted access for this item. Public hearing on this item was continued to Thursday, December 4, 1997. 5. REVISED WALL CONCEPT PLAN FOR SEVEN OAKS - P97-0760 Staff report was given recommending approval. Commissioner BOyle asked what was the distance between the fence and lots 5 and 6. Staff replied that the distance was approximately 100 feet. Mr. Boyle asked if staff had any information as to what reduction in noise there would be in terms of actual decibel ratings. Staff replied that this information could be obtained and would available at the December 4, 1997 meeting. Mr. Boyle asked if there was any advantage or disadvantage to the city if the view fence were replaced by a masonry wall; staff replied that it was neither. Commissioner Kemper suggested that the masonry wall would provide privacy of the existing lots and the new development going in to the north of the property. Public hearing on this item was continued to Thursday, December 4, 1997. STATUS REPORTS FOR PCD ZONE CHANGES 1) Zone Change 5176, located on the southwest corner of Stockdale Highway and South Allen Road. Status report was given recommending it be received and filed. 2) Zone Change 5564, located at 5700 Stockdale Highway (north side of Stockdale Highway, approximately 1/2 mile west of California Avenue). Status report was given recommending staff be directed to initiate General Plan amendment and zone change. This item was continued to Thursday, December 4, 1997. PUBLIC HEARING - EXTENSION OF TIME; TENTATIVE TRACT 555? Staff report was given recommending approval with conditions. Public hearing on this item was continued to Thursday, December 4, 1997. Minutes, PC,12/1/97 Page 8. PUBLIC HEARING - VESTING TENTATIVE TRACT 5882, PHASED Staff report was given recommending approval with conditions. Public hearing on this item was continued to Thursday, December 4, 1997. Commissioner Boyle questioned an unidentified section of the parcel map; staff replied that it was a strip on which no inhabited structures could be built. Mr. Boyle also asked how high schools dealt with street parking; staff replied that it was designated after the school is opened, that the school would contact staff and request traffic controls as needed, such as crosswalks and proper signage, no parking or limited parking signs. Commissioner Ortiz asked if enough public services such as fire and police were allocated to this area; staff replied that there were. Mr. LaRochelle noted that the freeway line would be changing during development, and this would increase cost to the City. Commissioner Kemper discussed the issue of parks, noting that the project seemed to lack adequate park space. Staff replied that plans for acquiring land for park space was underway, but that no specific area had as yet been designated. Commissioner Boyle asked Mr. LaRochelle why approval should be granted to the map when the freeway was to be relocated at additional cost to the City. Mr. LaRochelle replied that his comment was for information only, that the entire development would take years to accomplish. Mr. Boyle asked legal counsel if the Commission could deny the map for this reason; Ms. Marino replied that the Commission had approved a General Plan amendment and a zone change, and that the applicant had the right to submit a subdivision map, that the Commission could not legally deny it solely to hold down cost to the City. Commissioner Boyle asked if a condition could be added to address the issue; Ms. Marino replied that no condition to hold down the cost could be added. She noted that simply because the City may adopt a specific plan in the future, it does not entitle the City to require that the applicant not build on the property. Commissioner Teeter asked if the applicant had designated which phases were to be developed first. Staff replied that the phases were indicated on the map, that they would be developed in the same order as indicated alphabetically, and the same balanced phasing sequence was included as a condition of approval. Minutes, PC,12/1/97 Page 4 Commissioner Kemper asked if the map could be disapproved because it did not include a park, or resubmitted with a designated park area. Staff replied that the City determined park needs when subdivision plans are submitted; however, he would research the issue further and have more information at the December 4, 1997 meeting, with representatives from N.O.R. present to answer questions and contribute input on this matter. Public hearing on this item was continued to Thursday, December 4, 1997. 9. PUBLIC HEARING - TENTATIVE PARCEL MAP 104711 Staff report was given; staff recommends approval with conditions. Public hearing on this item was continued to Thursday, December 4, 1997. 10. PUBLIC HEARING - TITLE 17 - TEXT AMENDMENT -- PROPOSED AMENDMENT TO THE TEST OF TITLE 17 REGARDING YARD ENCROACHMENTS FOR CARPORTS, CANOPIES PATIOS AND PORCHES. Staff report was given recommending approval. Public hearing on this item was continued to Thursday, December 4, 1997. 11. PUBLIC HEARING - TITLES 16 AND 17 - TEXT AMENDMENT -- PROPOSED AMENDMENT TO THE TEXT OF TITLES 16 AND 17 REGARDING (1) THE ADDITION OF WORDING RESTRICTING THI- CREATION OF REVERSED CORNER LOTS: (2) CLARIFYING THI- DEFINITION OF A KEY LOT; AND (3) DELETING FENCING REGULATION£ CONCERNING REVERSED CORNER LOTS Staff report was given recommending approval. Public hearing on this item was continued to Thursday, December 4, 1997. 12. GENERAL PLAN CONSISTENCY FINDING -- PROPOSED VACATION OF A 30-FOOT WIDE PUBLIC ALLEY LOCATED SOUTHWESTERLY OF SYLVIA DRIVE AND SOUTH CHESTER AVENUE. This item was withdrawn and removed from the agenda. 9. COMMUNICATIONS None Minutes, PC, 12/1/97 10. COMMISSION COMMENTS -None 11. Page DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF 5 12. THE NEXT PRE-MEETING. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 1:35 p.m. Laurie Davis Recording Secretary Planning Director