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HomeMy WebLinkAbout01/15/98 AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall Thursday, January 15, 1998 5:30 p.m. 1. ROLL CALL JEFFREY TKAC, Chairman ROBERT ORTIZ, Vice-Chairman STEPHEN BOYLE MICHAEL DHANENS MARTI MUNIS-KEMPER WADE TAVORN ALTERNAYE: 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 BEFORi~ 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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, 1/15/98 3. ' CONSENT AGENDA ITEMS - (marked by asterisk (*) Page 2 1) 2) 3) Agenda Item #4. - Elimination of common access easement - Parcel Map 10054 Agenda Item #6.2 - Tentative Tract 5369 (Revised) Agenda Item #6.3 - Tentative Tract 5700 4) 5) Agenda Item #6.4 - Tentative Tract 5656 Agenda Item #11.2 - General plan consistency finding - North Bakersfield ReCreation and Park District Facilities Plan. 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, theipublic hearing will be opened and the items acted on as a group. 6. PUBLIC HEARING - ELIMINATION OF COMMON ACCESS EASEMENT - PARCEL MAP 10054 Located on the north side of Olive Drive, approximately 220 feet west of Coffee Road. (DeWalt COrporation) (Categorically exempt) STAFF RECOMMENDATION: Approve. Group vote PUBLIC HEARING - TENTATIVE PARCEL MAPS TENTATIVE PARCEL MAP 10459 (Porter-Robertson Engineering) Located on the south side of State Highway 178, approximately 3/4 mile east of Miramonte Drive. Consisting of 1 parcel on 13.77 acres on property zoned C-2 (Regional Commercial) and an off-site drilling island reservation pursuant to Section 16.20.060B.3. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Group vote Agenda, PC, 1/15/98 : Page 3 PUBLIC HEARING - EXTENSIONS OF TIME: 1) TENTATIVE T[~a~CT 5327 (REVISED) (Alta Engineering/Hughes Surveying) Located on the north side of Hosking Avenue approximately 1/4 mile east of South Iq Street. Consisting of 93 lots bn 20 acres, zoned R-1 (One Family Dwelling). (Categorically exempt) STAFF RECOMMENDATION: Approve one-year extension with conditions. 2) 3) Group vote TENTATIVE TRACT 5369 (REVISED (Porter-Robertson) LoCated on the southeast corner of Pacheco Road and Monitor Street. Consisting of 43 lots on 10 acres, zoned R-1 (One Family Dwelling). (Categorically exempt) STAFF RECOMMENDATION: Approve one-year extension with conditions. Group vote TENTATIVE TRACT 5700 (Porter-Ro~ertson) LoCated on the south side of Harris Road and east of California Springs Drive. consisting of 95 lots on 25 acres, zoried R-1 (One Family Dwelling). (Categorically exempt) STAFF RECOMMENDATION: Approve one-year extension with conditions. GrOup vote 4) TENTATIVE TRACT 5656 (Porter-R0bertson) Located at the southwest corner of Highway 178, Miramonte Drive and the Rio Bravo Airport. Consisting of 184 Iotsion 193.68 acres zoned R-1 (One Family Dwelling). (Categorically exempt) STAFF RECOMMENDATION: Approve one-year extension with conditions. Agenda, PC, 1/15/98 Page 4 PUBLIC HEARING - VESTING TENTATIVE TRACT VESTING TENTATIVE TRACT 5827 (PHASED) (Martin-Mclntosh) Located between Jewetta Avenue and Verdugo Lane, south of Brimhall Road, north of the Kern River Freeway Specific Line. Containing 267 lots on 77.85 acres, zoned R-1 (One Family Dwelling) zone; and request for waiver of mineral rights signatures pursuant t0 BMC 16.20.060 B.1. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Group vote PUBLIC HEARING - ZONE CHANGE #P97-0835 - CORNERSTONE ENGINEERING requests reZoning from a PUD (Planned Unit Development) Zone to a PUD (Planned Unit DevelOpment) zone for development of a 419 bed, multi-level medical and recovery care center, and employee child care center on 20.33 +/- acres for property located northeast of Calloway Drive and the Cross Valley Canal. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Roll call vote 9. 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) {Continued from the regular meeting of December 4, 1997) STAFF RECOMMENDATION: Approve Roll call vote 10. PUBLIC HEARING -- PUBLIC SCOPING MEETING FOR SOUTH BELTWAY FREEWAY TRANSPORTATION CORRIDOR DRAFT PROGRAM ENVIRONMENTAl IMPACT REPORT.' STAFF RECOMMENDATION: Refer comments to staff. Agenda, PC, 1/15/98 Page 5 11. GENERAL PLAN CONSISTENCY FINDING (Government Code Section 65402) 1) General plan consistency finding for the acquisition of property at the northwest corner of Windsor Park Drive and Dorchester Street. (Categorically exempt) STAFF RECOMMENDATION: . Make finding. 2) GrOup vote General and Specific Plan consistency finding (Government Code Section 65401) of the North Bakersfield Recreation and Park District Facilities Plan for Park and Recreation Facilities located within the City of Bakersfield. (Negative Declaration on file) STAFF RECOMMENDATION: Make Finding. GrOup 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 January 12, 1998 MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held January 15,: 1998, 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-MUNIS KEMPER WADE TAVORN BETSY TEETER ADVISORY MEMBERS: STAFF: PUBLIC STATEMENTS None Present: Present: CARL HERNANDEZ, Deputy City Attorney DENNIS FIDLER, Building Director MARIAN SHAW, Engineer IV STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner JENNIE ENG, LAURIE DAVIS, Recording Secretary CONSENT CALENDAR 1) Agenda Item #4. - Elimination of common access easement - Parcel Map 10054 2) Agenda Item #6.2 - Tentative Tract 5369 (Revised) 3) Agenda Item #6.3 - Tentative Tract 5700 4) Agenda Item #6.4 - Tentative Tract 5656 5) Agenda Item #11.2 - General plan consistency finding - North Bakersfield Recreation and Park District Facilities Plan. Minutes, PC, 1/15/98 Page Regarding Consent Agenda Item #5, Commissioner Boyle stated he had a conflict and asked for direction in how this can be handled. Mr. Grady said it would have to be removed and voted on separately. 6.1 Item #5 was taken separately. Motion was made by Commissioner Boyle, seconded by Commissioner Kemper to approve Consent Agenda Item #'s 1 through 4. Motion carried. CommissiOner- Boyle abstained on Agenda Item #5. Motion waS made by Commissioner Ortiz, seconded by Commissioner Teeter to approve cOnsent agenda Item #5. Motion carried. PUBLIC HEARING - ELIMINATION OF COMMON ACCESS EASEMENT PARCEL MAp 10054 This item was approved as a consent agenda item. PUBLIC HEARING -TENTATIVE PARCEL MAP 1045-q Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in opposition or in favor. Regardingthe waiver of improvements, Commissioner Boyle asked at time of development is there anything that would trigger installation of the improvements. Mr. Grady said typically they are waived until time of issuance of a building permit. Motion waS made by Commissioner Teeter, seconded by Commissioner Ortiz to approve and adopt the Negative Declaration, and to approve Tentative Parcel Map 10459 with findings and conditions as set forth in the Resolution. Motion carried. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5327 (REVISED) Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in favor or opposition. Motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz to approve a one-year extension of time for Tentative Tract 5327 (Revised) to expire December 16, 1998, with findings and conditions as set forth in the Resolution. Motion carried. Minutes, PC, 1/15/98 6.2 PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT Page 6.3 PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 6.4 ~PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT Agenda Item #'s 6.2, 6.3 and 6.4 were approved as consent agenda items. PUBLIC HEARING - VESTING TENTATIVE TRACT 5827 (PHASED) Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in opposition or in favor. Roger Mclntosh represented the property owner. He stated he had received the staff report and memo dated January 14, 1998, and concurred with conditions of approval as proposed and amended, With the exception of Condition #2 which requires a redesign of the cul-de-sacs to provide an opening along the east side of the park. He stated they felt this would be a detriment to the neighborhood because of the proximity to the high school and access through the neighborhood. He requested a revision in design so that Sulfur Springs Court would be extended through to Jewetta and that an opening be provided at this point. He felt this would be a better situation with respect to accessibility to the park, circulation and a more orderly development. He also requested that the revision to Condition #1 not allow for a pedestrian opening in the wall. CommissiOner Tavorn asked Mr. Mclntosh if he would be in agreement with the installation of a light at Jewetta if Condition #2 were revised as he has previously propOsed.: Mr. Mclntosh stated disagreement with a light and felt it would not be warranted; however that a stop sign would be appropriate. Respondi0g to question by Commissioner Tavorn, Ms. Shaw stated it apPeared there'are no lights planned around the high school. Commissioner Tavorn stated he would have a major concern with the proximity of the regional park to the high school. Mr. Mclntosh cited signals which are proposed at Brimhall and Jewetta, Allen and Brimhall, Old Farm Road and Brimhall and Verdugo and Brimhall which were required at time of the general plan amendment. Public PortiOn of the meeting was closed. Responding to a question by Commissioner Kemper Mr. Grady stated staff's proposal with respect to condition #2 gives a direct link to the park, however staff would be in concurrence with Sulfur Springs Court being continued to Jewetta if the Commission feels it would improve access from the subdivision to the park. ', Minutes, PC, 1/15/98 Page Regarding the proposed closing of pedestrian opening in the wall, Ms. Kemper asked for comment. Mr. Grady stated the park is intended to serve more than this tract. If the wall access were closed it would restrict the access of the neighborhood to both the park and the school. 4 Henry Ag°nia, North Bakersfield Recreation and Park District, stated their concern was with circulation and access of those living in the area to the park. He felt the revision by opening the street addresses this concern. He stated the picnic, restroom facilities, etc. will be in approximately the middle of the park. Commissioner Boyle was concerned if Sulfur Springs goes through those who cannot park at the high school or park will park in this neighborhood. He felt it would be Wise to keep the street closed and that some pedestrian access be provided.. CommissiOner Teeter stated she did not understand why the street would need to be opened and stated her inclination toward pedestrian openings off the cul- de-sacs next to the park as opposed to realigning the street. Tkac Fuji Stated the reason for the developer's concern with respect to the pedestrian access is that this is a regional park and he did not feel the neighborhood would want the access from those using the park late at night to their area. He felt the neighborhood needed some insulation. CommissiOner Teeter stated with her experience in living in close proximity to a regional park that she did not see Mr. Fuji's concerns as being a problem in the long run. She stated she would rather see the pedestrian accesses at the end of the cul-de-sac rather than changing the street layout and having the entire street next to the parking area. Commissioner Dhanens stated he is leaning toward Sulfur Springs Court being connected to Jewetta and the pedestrian access easements eliminated. Commissioner Boyle stated he could not support the change to Condition #2 because he felt if Sulfur Springs Court were open it would provide direct access to the high school from the neighborhood which could cause parking, traffic and loitering prOblems. He also felt a reason for the direct access to the park rather -than fromJewetta would be for the use.of young children. He felt-staff's original recommendation is appropriate. CommissiOner Dhanens felt this would be a regional park which would collect from a wider area of the community. He was concerned for the protection of residents and the fact that the high school is in close proximity. He asked for comment from the park district to address the access issue and the improvement plan for the park with respect to location of major activity centers. Minutes, PC;11'/15/98 Page 5 CommissiOner Boyle agreed that a pedestrian access on Twin Falls may not be a good location because of its opposite location to facilities. Concerning access -to regional:parks he stated he had lived in an area with direct access to a regional park and did not experience problems. He felt people will use this access. CommissiOner Tavorn was concerned that people living in this community would not have access to the park unless they drive to it. Mr. Grady said tentative tract 5827 calls into question the access to the park. Mr. Grady said it meets the general plan. requirements. ~ -In the event that a commissioner were to make a motion concerning allowing the access through the cul-de-sac, Mr. Grady recommended that it be pulled back so that it terminates at the wall with the only distance between the wall and the street being the sidewalk. Responding to question by Commissioner Boyle, Mr. Mclntosh said the subdivider would prefer a pedestrian access at Adobe and that the park district would conCur. Responding to question by Commissioner Tavorn, Ms. Shaw said because of the side streets there is no excessive block length problem on Vermillion. Motion was made by Commissioner Boyle, seconded by Commissioner Ortiz to approve and adopt the Negative Declaration, and to approve Vesting Tentative Tract Map 5827 with findings and conditions set forth in the resolution (Exhibit A) with the inclusion of the memorandum of January 14, 1998 from Jack LaRochelle with change to Item #2 so that instead of eliminating the cul-de-sac and rerouting of the street that instead there will be a pedestrian access to the park through Adobe Creek Court and that the shape of the cul-de-sac will be changed so that the bulb of the cul-de-sac is adjacent to the wall at the park. Motion cari'ied. Mrl Grady Stated the letter from Mr. Mclntosh concerning the Kern River Freeway alignment needed to be included in the motion. CommissiOner Boyle amended the motion, seconded by Commissioner Teeter to -include the letter of January 9, 1998 from Roger Mclntosh. Amended motion carried. Minutes, 8. PC, i/15/98 Page 6 pUBLIC HEARING -- ZONE CHANGE #P97-0835 Staff report recommending approval was given. Public portion of the' hearing was opened; no one spoke in opposition or in favor. Mike Callagy represented the applicant. He gave information concerning these types of multi-level nursing projects and history of submittals on this property. This project has not changed significantly since the first submittal in 1995. He .was-concerned about the-Cityrequiring park fees in addition to the North of the River's DiStrict park fee requirement. Public portion of the hearing was closed. - Responding to question by Commissioner Boyle, Mr. Grady said there is not a double land fee for the park. The fee is in two components which consists of a park in-lieU fee for the land and a park development fee for construction of the park explaining at the time of the previous approval on this project there was no agreement with North of the River Recreation and Park District allowing for them to collect a park development fee. North of the River reduced the amount of land that would be covered under the in-lieu fee which limited it to only the independent living quarters. Mr. Grady responded to question by Commissioner Boyle saying the city does not have the authority to waive the fee in light of the agreement with North of the River Recreation and Park District. Commissioner Boyle was concerned that the rules are being changed on the PUD every time there is a slight modification. After discussion concerning waiver of park requirements, Commissioner Boyle stated the Commission did not have the authority, however he would be in support of a motion that a recommendation be made to City Council that the issue be Considered. Commissioner Dhanens stated he would also be in favor of recommending to the Council that this requirement be waived. Discussion cOntinued regarding traffic signals. Motion was made by Commissioner Boyle, seconded by Commissioner Teeter to - approve PUD Zone change P97-0835 with findings and conditions set forth in the resolutioni(Exhibit "A"), with the inclusion of the memorandum of January 15, 1998 from the Planning Director and recommend that the City Council consider waiving the park development fee in order to encourage planned unit development. AYES: No:ES: Motion carried by the following roll call vote: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac None Minutes, PC, 1/15/98 Page 9. PUBLIC HEARINGS - PROPOSED AMENDMENT TO THE TEXT OF TITLES 10. 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. Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in opposition. Roger Mclntosh spoke in favor of this proposal stating he had reviewed the memorandum and concurred with proposed wording. Public port. ion of the hearing was closed. Motion was made by Commissioner Kemper, seconded by Commissioner Ortiz to adopt the resolution with all findings and conditions, approving the proposed text amendments to Titles 16 and 17. Motion carried by the following roll call vote: ' AYES: NOES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac None *5-minute ibreak was taken at this time. PUBLIC HEARING -- PUBLIC SCOPING MEETING FOR SOUTH BELTWAY FREEWAY TRANSPORTATION CORRIDOR DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT PresentatiOn was given by Jeff Zimmerman of Woodward-Clyde, the consulting firm preparing the environmental impact report. Mr. Gradyistated this would be the time to receive public comments and refer them to staff. Public hearing pOrtion of the meeting was opened. Arthur Unger represented the Kern Kaweah Chapter of the Sierra Club. He stated if his organization were to support this it would only be as an alternative to the 58 Freeway. He felt this freeway should be viewed simply as a way to get from Highway 5 to the 99 Freeway and not as a way to make sprawl. Dennis FoX spoke concerning endangered species, parkland preservation and the propoSed freeway. He also asked that mitigation of dust impacts on the freeway be studied. Minutes, PC, 1/15/98 Public portion of the hearing was closed. Page 8 Commissioner Boyle asked if the 'fact that the freeway does not run along section lines is inconsistent with standard practice. Ms. Shaw, Public Works Department stated that the reason for plotting freeway alignments off of section lines isthat if an arterial is pre-empted by the freeway and with the grid system of the general circulation element it would have to be replaced. Responding to question bY Commissioner .Boyle, Ms. Shaw said the freeway deviates at Hosking and that part of the review will be to look at effects this movement may cause. She stated it was moved because of some property owner concerns and that this m°vement provides for local circulation to be taken care of as well. CommisSioner Boyle stated he was in favor of the portion of the Bear Mountain alternative.which goes from Highway 58 to Highway 184. He stated he would like to see some consideration given to adding into the preferred route this junction from Highway 58 to Highway 178. These comments were referred to staff. 11.1 GENERAL PLAN CONSISTENCY FINDING - PROPOSED ACQUISITION OF PROPERTY AT THE NORTHWEST CORNER OF WINDSOR PARK DRIVE 11.2 AND DORCHESTER STREET. Staff report recommending approval was given. There were no comments made. Motion was made by Commissioner Dhanens, seconded by Commissioner BOyle to make finding pursuant to Government Code Section 65402, that the proposed acquisition of 1,542 square feet is consistent with the Metropolitan Bakersfield 2010 General Plan. Motion carried. GENERAL AND SPECIFIC PLAN CONSISTENCY FINDING (GOVERNMENT CODE SECTION 65401) OF THE NORTH BAKERSFIELD RECREATION AND PARK DISTRICT FACILITIES PLAN FOR PARK AND RECREATION FACILITIES LOCATED WITHIN THE CITY OF BAKERSFIELD. ApprOved as consent agenda item. Minutes, PC, 1/15/98 12. - COMMUNICATIONS A) Written Page 13. B) Verbal Mr. Grady gave the commission information on the Planner's Institute stating if any commissioner wished to attend staff could make arrangements. ' Commissioner Boyle stated this is a worthwhile conference to attend. COMMISSION COMMENTS A. Committees Commissioner Boyle gave a report on the subdivision committee stating hopefully the final meeting will be held within the next two week period with an ordinance on the issue of fourplexes being drafted by staff. Commissioner Dhanens asked Mr. Grady to reschedule a Hillside OrdinanCe Committee meeting. Mr. Grady indicated he would. 14. 15. Commissio~ner Boyle asked concerning the previous issue with the PUD if it would be appr°priate for the commission to look into the possibility of an ordinance so that an exception can be made so that if changes are made additional fees are not required. Mr. Grady felt an exemption from changes would not serve the purpose of the PUD. Commissioner Boyle said he would possibly like to have the discretion for exemption. Mr. Grady stated he would not recommend the commission do this. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING. Mr. Grady gave a list of items to be on the next agenda. Motion was:made by Commissioner Dhanens, seconded by Commissioner Boyle that the next pre-meeting be canceled. Motion carried. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 8:46 p.m. Laurie Davis Record, ing Secretary Planning Directo~ [.