Loading...
HomeMy WebLinkAbout12/04/97Council Chamber, City Hall AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Thursday, December 4, 1997 5:-30 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. 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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, 12/4/97 3.. cONSENT AGENDA ITEMS - (marked by asterisk (*) 5~ Page 2 These items will be acted on as a group, without individual staff presentations if n° 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. o 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. 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 REVISED WALL CONCEPT PLAN FOR SEVEN OAKS. P97-0760 (Martin-Mclntosh) Request to 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 Group vote STATUS REPORTS FOR PCD ZONE CHANGES 1) ZONE CHANGE 5176 Located on the southwest corner of Stockdale Highway and South Allen Road. STAFF RECOMMENDATION: Receive and file report. Agenda, PC, 1'2/4/97 2) Page 3 ZONE CHANGE 5564 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 HEARING - EXTENSION OF TIME EXTENSION OF TIME - TENTATIVE TRACT 5552 (Porter-Robertson Engineering) Located approximately 600 feet west of Renfro Road and 114 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, 12/4/97 10. · Page 4 PUBLIC HEARING - TITLE 17 -- TEXT AMENDMENT Proposed amendment to the text of Title 17 regarding yard encroachments for carports, canopies, patios and porches: (Negative Declaration on file) STAFF RECOMMENDATION: Approve Roll call vote 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 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. COMMUNICATIONS A) Written B) Verbal 13. COMMISSION COMMENTS A. Committees 14. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING. 15. ADJOURNMENT December 1, 1997 Planning Director MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, December 4, 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 MICHAEL DHANENS MARTI KEMPER BETSY TEETER WADE TAVORN Absent: STEPHEN BOYLE ADVISORY MEMBERS: Present; CARL HERNANDEZ, Deputy City Attorney JACK LEONARD, Assistant Building Director JACK LaROCHELLE, Engineering Services Manager STAFF: Present: JIM MOVlUS, Principal Planner JENNIE ENG, Associate Planner LAURIE DAVIS, Recording Secretary 2. PUBLIC STATEMENTS None Commissioners Tavorn and Dhanens stated that they had not been at the December 1, 1997, meeting but had listened to the tape and would be participating at this meeting. 3. CONSENT AGENDA ITEMS None. Minutes, PC,12/4/97 Page 4. PUBLIC HEARING - AMENDING MAP -- (PARCEL MAP 7744) Commissioner Dhanens declared a conflict of interest on this item. Staff report was given recommending denial of the additional access point; approval of enlargement and minor relocation of the existing access point with conditions. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Jason VanCuren of Simpson, Lusich, VanCuren indicated that the certificate of condition had been reviewed and agreed upon by the owner. The public hearing portion of this item was closed. A motion was made by Commissioner Kemper, seconded by Commissioner Ortiz, to adopt resolution with findings denying the request for an additional vehicular access drive along South Mt. Vernon and approving the enlargement and/or minor relocation of the existing access opening on Parcel A to Parcel A and B, with final design subject to the approval of the City Engineer. Motion carried. 5. REVISED WALL CONCEPT PLAN FOR SEVEN OAKS - P97-0760 2 Staff report was given recommending approval. Commissioner Dhanens requested the applicant respond to the noise attenuation issue. Mr. Roger Mclntosh of Martin-Mclntosh, representing the applicant, indicated that the original EIR for the Seven Oaks project included a noise study, indicating that the purpose of the masonry wall would help cut down on noise and block the view into the residents' side yards. Commissioner Dhanens referred to similar situations in four other locations within the development where no homes have yet been built, and asked if the applicant would be requesting the same conditions for those fences. Mr. Mclntosh replied that the owner did not anticipate such a request in the future. A motion was made by Commissioner Ortiz, seconded by Commissioner Tav°rn, to approve the request and make findings set forth in the resolution (Exhibit A). Motion carried. Minutes, PC, 12/4/97 6. STATUS REPORTS FOR PCD ZONE CHANGEA Page 1) Zone Change 5176, located on the southwest corner of Stockdale Highway and South Allen Road. Staff report was given recommending the report be received and placed on file. Commissioner Dhanens asked staff if any correspondence or communication had been received from the applicant with respect to their time table on Phase II of the project. Staff replied the applicant had agreed with staff recommendation and indicated that they had no immediate activity on the rest of the property but wished to maintain their ability to develop the PCD. 2) Commissioner Dhanens made a motion, seconded by Commissioner Ortiz, to receive and file the report. Motion carried. Zone' Change 5564, located at 5700 Stockdale Highway (north side of Stockdale Highway, approximately 1/2 mile west of California Avenue). Staff report was given recommending the commission direct staff to initiate General Plan amendment and zone change to restore previous office designation if a PCD zone change application is not submitted to the City by December 31, 1997. Mr. David Malazzo, representing Northwestern Mutual Life Insurance Co., referred to an exhibit contained in a letter distributed to the Commission, and explained the various parcel designation and uses delineated within. He indicated that a zone change application would be submitted by December 19, 1997, and requested an extension of nine months. Mr. Roger Mclntosh indicated that his firm was under contract to prepare a PCD plan, and that the addition of the one acre behind the original parcel would require a General Plan amendment, which would also be submitted by December 19, 1997. COmmissioner Dhanens made a motion, seconded by Commissioner Ortiz, to receive and file the report and request staff report back to the Planning Commission in nine months as to the status of the project at that time. Motion carried. 3 Minutes, PC,12/4/97 Page PUBLIC HEARING - EXTENSION OF TIME; TENTATIVE TRACT 555? Staff report was given recommending approval with conditions. The public hearing portion of this item was opened; no one spoke in opposition. Staff indicated that though the applicant was unable to appear at this meeting, they had submitted a letter expressing agreement of conditions as amended in the memorandum. The public hearing portion of this item was closed. A motion was made by Commissioner Dhanens, seconded by Commissioner Kemper, to approve a one-year extension of time for Tentative Tract 5552 to expire November 4, 1998, with findings and conditions set forth in the resolution (Exhibit A) with the deletion of Planning Department condition No. 3 of Exhibit 1. Motion carried. PUBLIC HEARING - VESTING TENTATIVE TRACT 5882, PHASEr) 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 Castle and Cooke Development requested discussion on the park requirements. Colin Bywater, Planning Construction Director for the Park District, indicated that he would answer any questions regarding the park requirements. Commissioner Tavorn referred to a 2010 Capital Improvement Plan received from North Bakersfield Park and Recreation which included discussion of future parks, and asked if this development was part of the same. Mr. Bywater indicated that the development would be served by a +20-acre park site at Brimhall and Jewetta leased from the County included in the Capital Improvement Plan as well as others. Mr. Mclntosh requested correction of certain errors in the staff report and the removal of Condition 9; staff replied that this was not agreeable. He indicated agreement of the wording in Condition 32. He also referred to a portion of the Fire Department conditions regarding minimum fire flow of 3500 gallons a minute, requesting the wording be changed from "shall" to "could," since the fire flow in that designation is normally 1000 gallons per minute. The Fire Marshall of the City Fire Department, Jim Shapazian, indicated that the wording could be changed as requested to reflect any differences between commercial and residential designations. Minutes, PC,12/4/97 Page 5 Commissioner Teeter asked for an elaboration of the Park District policy of a minimum of ten acres. Mr. Bywater explained the process, including the Master Plan, maintenance affordability, and the District preference of fewer, larger parks as opposed'to a greater number of smaller parks. The public hearing portion of this item was closed. Commissioner Kemper stated that she would prefer a sprinkling of smaller parks, but acknowledged that it might not be economically feasible. Ms. Kemper' suggested the policy might be reviewed further, Commissioner Dhanens referred to Condition 2, Item 2b (Public Works), and asked what the applicant intended as a limited access entrance on Vermilion Drive. Staff replied that it would be a right in and out only, as opposed to a left in from a southbound to a westbound movement. Mr. Dhanens referred to Condition 6, deceleration lanes, asking if no deceleration lanes would be required at intersections between arterials and collectors. Staff replied that a deceleration lane would occur on the arterials themselves. Mr. Dhanens referred to Condition 4, right-of-way width for Vermilion, and asked what the pavement section would look like there, and how it would differ from a normal collector street. Staff replied that the capacity on Vermilion did not require four lanes, that limiting access was more important than the actual number of lanes. Commissioner Dhanens referred to Planning, Condition 18, regarding the masonry wall, and asked what was the difference between the six and eight-foot- high walls, where would they be located, and why an eight-foot wall be necessary in some cases and six in other cases. Staff replied that the wording of Condition 18 was derived directly from the EIR, which included a noise study. The difference was due to difference in grading on the lots. Commissioner Dhanens addressed the parks issue, referring to Condition 31, and asked whether the payment of a fee would still be a requirement. Staff replied that it would. Commissioner Dhanens indicated that he would be in favor of retaining Condition 9 (Public Works) as part of the memorandum. He also discussed the issue of parks, and stated that he felt the +20 acres of park designated for this project would be consistent with District policy. Commissioner Tavorn asked staff if anyone had checked with the Police Department to see if there were any studies on violence in communities of this - size that had no place for recreation, and if there were other communities in the state similar in size without parks. He also addressed parking, indicating the available stalls seemed inadequate; the absence of traffic lights near the high school; Condition 9, which he agreed should remain in the conditions of approval. Staff replied they had not seen a parking lot layout for the park in question, and referred this item to the North Bakersfield Recreation and Park Minutes, PC, 12/4/97 Page District. Mr. Henry Argonia, General Manager, stated that 300 parking spaces had been allocated for this park facility, which would be more than adequate. Commissioner Ortiz stated that the diagram submitted to the Commission reflected 210 parking spaces. Mr. Argonia replied that an additional 150 parking spaces were in place as of this time, that the diagram Mr. Ortiz referred to was preliminary, not the actual development plan for the park. Commissioner Ortiz also referred to this parcel as once being a burn site, questioning whether or not the area was safe. Mr. Mclntosh indicated that a number of studies had been done, that the clean-up as required has been accomplished. 6 Commissioner Ortiz asked if on-street parking on Jewetta would be allowed; staff replied that it- would depend on increase of traffic volume over time which would preclude on-street parking, and that none would be allowed on Brimhall. A motion was made by Commissioner Dhanens, seconded by Commissioner Teeter, to approve and adopt the negative declaration and approve vesting Tentative Tract Map 5882 with findings and conditions set forth in the resolution, and incorporate the finding and revision to Condition 32 as shown in the Planning Director's memo dated December 4, 1997, with the following changes: that Condition 3 of Exhibit I read, "both Allen Road and Brimhall Road shall have a center line to flow line width of 48 feet to accommodate bike lanes." Motion carried. 9. PUBLIC HEARING - TENTATIVE PARCEL MAP 10470 Staff report was given recommending approval with conditions. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Jason VanCuren, representing the applicant, requested the map be phased, with the recording of the northerly portion first and the southerly portion at a later time. He indicated the applicant agreed with staff conditions with the exception of the phasing time table. Staff replied that the phasing as requested by the applicant was acceptable. The public hearing portion of this item was closed. Commissioner Dhanens referred to the sewer service, and asked if the main line in White Lane would be available to the proposed subdivision, or if other provisions had been made for sewer service. Staff replied that there were a number of possibilities still being reviewed, and that no definite decision had as yet been reached. Minutes, PC,12/4/97 Page 7 A motion was made by Commissioner Teeter, seconded by Commissioner Ortiz, to approve and adopt the negative declaration and to approve Tentative Parcel Map 10470 with findings and conditions set forth in the resolution, referencing the memo from ;Jack LaRochelle dated December 4, 1997. Motion carried. 10. PUBLIC HEARING - TITLE 17 - TEXT AMENDMENT -- PROPOSED 11. AMENDMENT TO THE TEST OF TITLE 17 REGARDING YARD ENCROACHMENTS FOR CARPORTS, CANOPIES PATIOS AND PORCHES. NEGATIVE DECLARATION ON FILE. Staff report was given Monday, December 1, 1997 recommending approval. No subsequent changes were made at this hearing. 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 attached resolution with all findings and conditions approving the proposed text amendment to Title 17. Motion carried by the following roll call vote: AYES: Commissioners Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None PUBLIC HEARING - TITLES 16 AND 17 - TEXT AMENDMENT -- PROPOSED AMENDMENT TO THE TEXT OF TITLES 16 AND 17 REGARDING (1) THF ADDITION 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. Staff report was given Monday, December 1, 1997, recommending approval. No subsequent changes were made at this hearing. The public hearing portion of this item was opened. Mr. ROger Mclntosh addressed the issue of reverse corner lots, indicating that such measures were necessary to adequately plot out odd-shaped properties. He gave several examples of such properties, and explained how reverse corner lots were often used to alleviate problems.- The public hearing portion of this item was closed. Minutes, PC,12/4/97 Page 8 Commissioner Dhanens asked if a case-by-case method of review might be a better decision-making process for reverse corner lots. Mr. Jack Hardisty, Development Services Director, stated that the amendment was not an outright prohibition of reverse corner lots, that the applicant should refrain from using them unless absolutely necessary for efficient or effective use of the land, and gave several examples of difficulties encountered with reverse corner lots with respect to public service. Mr. Hardisty said that such lots could be permitted within reason, and that should such an application be denied, alternatives to the proposed design would be given. Chairman Tkac agreed with Commissioner Dhanens, and expressed a desire to seek a compromise that would not hinder delivery of public services and other issues, but that would not tie the hands of those who plan these communities. Mclntosh suggested wording in the present ordinance that would discourage but not disallow reverse corner lots. Commissioner Teeter questioned the terminology, finding it both direct and negative, and suggested that it be put in a more positive light. A motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz, to continue this item to the meetings of January 12 and January 15, 1998. Motion carried. 12. COMMUNICATIONS Mr. Movius reminded the Commission that the Kern River Freeway proposal would be shown in a public forum on December 11, 1997 at Rosedale Middle School. 13. COMMISSION COMMENTS Commissioner Kemper advised that she would be out of town' and would not be able to attend the Subdivision Committee meeting. Minutes, PC,12/4/97 Page 14. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION O1' THE NEXT PRE-MEETING. The next pre-meeting will take place as scheduled. 15. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 7:42 p.m. 9 Laurie Davis Recording Secretary Planning Director