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Home My WebLink About03/16/98Council Chamber, .City Hall 1. ROLL CALL AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Monday, March.16, 1998 12:15 p.m. JEFFREY TKAC, Chairman ROBERT ORTIZ, Vice-Chairman STEPHEN BOYLE 'MICHAEL DHANENS - MARTI MUNIS-KEMPER WADE TAVORN ALTERNAT :. 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. 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 OUTA 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the spec fled time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final. Agenda, PC, 3/16/98 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 qdestions 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 meetings held December 18, 1997, and January 15, 1998. PUBLIC HEARING - EXTENSIONS OF TIME 1) TENTATIVE TRACT 5436 (REVISED) (Coleman Homes) Located on the southeast corner of Riverlakes Drive and Northshore Drive. (Categorically exempt) STAFF RECOMMENDATION: Approve with conditions. Group vote 2) 3) TENTATIVE TRACT 5478 (Porter-Robertson Engineering) Generally located west of Coffee Road, north of Hageman Road, at the eastern extension of Southshore Drive. (Categorically exempt) STAFF RECOMMENDATION: Approve with conditions, Group vote TENTATIVE TRACT 5479 (SmithTech for Coleman Homes) Generally located on the north side of Northshore Drive, east of Riverlakes Drive. (Categorically exempt) STAFF RECOMMENDATION: Approve with conditions. Group vote Agenda, PC, 3/16/98 6. PUBLIC HEARING - TENTATIVE TRACT Page 3 REVISED VESTING TENTATIVE TRACT #5848 (Martin-Mclntosh) Located on the southeast corner of Old River Road and Campus Park Drive. Consisting of 195 residential lots on 50 acres, zoned R-2 (Limited Multiple Family Residential) and a waiver of:mineral rights owner's signature pursuant to BMC Section 16.20.060 B. 1. STAFF RECOMMENDATION: Approve with conditions. Group vote RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL EIR FOR THE KERN RIVER RANCH/BUENA VISTA ROAD PROJECT HAS BEEN COMPLETED IN COMPLIANCE WITH CEQA, THF STATE EIR GUIDELINES AND THE CITY OF BAKERSFIELD CEQ^ IMPLEMENTATION PROCEDURES. (CITY OF BAKERSFIELD) STAFF RECOMMENDATION: Adopt Resolution. Roll call vote PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, CONCURRENT ZONF CHANGES AND RIVERLAKES RANCH SPECIFIC PLAN AMENDMENT la) GENERAL PLAN AMENDMENT CASE NO. P96-0074 - CAROSEI I A PROPERTIE. __ __S has proposed an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use designation from RIA (Resource Intensive Agriculture) to LR (Low Density Residential) on 267.41 acres, to GC (General Commercial) on 13.04 acres, and from HR (High Density Residential) to LR (Low Density Residential) on 1.47 acres for property located south of the Kern River and Stockdale Highway, north of the Kern River Canal, west of Buena Vista Road and east of the southerly extension of Allen Road. (EIR) CircUlation Element Amendment consisting of deleting the West Beltway Freeway alignment which transverses the subject site in a north-south orientation, and the adoption of collector alignments. (EIR) STAFF RECOMMENDATION: Approve with conditions. Roll call vote Agenda, PC; 3/16/98 Page 4 b) Kern River Plan Element Amendment consisting of changes from 8.1 (Intensive Agriculture) to Map Code 5.35 (Residential, maximum 7.25 units per acre) on 267.41 acres, and to-6.2 (General Commercial) on 13.04 acres for property located south of the Kern River and Stockdale Highway, north of the Kern River Canal, west of Buena Vista Road and east of the southerly extension of Allen Road. (EIR) STAFF RECOMMENDATION: Approve with conditions. c) Roll call vote Zone Change/Ordinance Amendment consisting of changing the existing zoning district from A-20A (Agriculture twenty-acre minimum lot size) to R-1 (One Family Dwelling) on 267.41 acres, and to C-2 (Regional Commercial) on 13.04 acres for property located south of the Kern River and Stockdale Highway, north of the. Kern River Canal, west of Buena Vista Road and east of the southerly extension of Allen Road. (EIR) sTAFF RECOMMENDATION: Approve with conditions, Roll call vote 2a) GENERAL PLAN AMENDMENT CASE NO. P96-0589 - CASTLE AND COOKI- CALIFORNIA, INC. has proposed an amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by changing the land use designation from R-IA (Resource Intensive Agriculture) to LR (Low Density Residential) on 412.50 acres, to LMR (Low Medium Density) on 198.07 acres, to HMR (High Medium Density Residential) on 44.62 acres, and to GC (General Commercial) on 36.18 acres for property generally located between the Kern Rive? Canal, White Lane (extended), Buena Vista Road and Allen Road (extended). (EIR) CircUlation Element Amendment consisting of deleting the West Beltway Freeway alignment which transverses the subject site in a north-south orientation, deletion of adopted north-south and east-west collector alignments, and the realignment of such collectors. (EIR) STAFF RECOMMENDATION: Approve with conditions. Roll Call vote Al~enda, PC, 3/16/98 b) Page 5 Zone Change/Ordinance Amendment consisting of changing the existing zoning district from A-20A (Agriculture twenty-acre minimum lot size) to R-1 (One' Family Dwelling) 412.50 acres, to R-2 (Limited Multiple Family Dwelling) on 242.69 acres, and to C-2 (Regional Commercial) on 36.18 acres for property generally located between the Kern River Canal, White Lane (extended), Buena Vista Road and Allen Road (extended). (EIR) STAFF RECOMMENDATION: Approve with conditions. Roll call vote 3a) GENERAL PLAN AMENDMENT CASE NO. P97-0888 - WESTRUST ASSET MANAGEMENT, INC. has proposed an amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by changing the land use designation from Public/Private School to General Commercial on 1.76 acres for property located north of Stockdale Highway approximately 1,000 feet west of California Avenue. (Negative Declaration on file) STAFF RECOMMENDATION: Rolli call vote Approve with conditions. b) Zone Change from R-1 (One Family Dwelling) and P.C.D. (Planned Commercial Development) to C-2 (Regional Commercial) and P.C.D. (Planned Commercial Development) on 6.15 acres for property located on the north side of Stockdale Highway approximately 1,000 feet west of California Avenue. (Negative Declaration on file) STAFF RECOMMENDATION: Roll ~'call vote Approve with conditions. -4a) GENERAL PLAN AMENDMENT CASE NO. P97-0892 - MICHAEL DHANENS has proposed an amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by changing the land use designations from OS- P (Parks), LR (Low Density Residential), SR (Suburban Residential), LMR (Low Medium Density Residential), OC (Office Commercial) and GC (General Commercial) to OS-P (Parks), LR (Low Density Residential), LMR (Low Medium Density Residential), HMR (High Medium Density Residential) and GC (General Commercial) for property located south of Norris Road, north of Rosedale Highway between Calloway Drive and Fruitvale Avenue. Circulation Element Amendment to delete the collector - alternate designation for the Riverlakes Drive alignment north of Olive Drive, south of Norris Road, between Calloway Drive and Fruitvale Avenue. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Roll call vote Agenda, PC, 3/16/98 b) c) sa) Page 6 Zone change from R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), OS (Open Space) and C-1 (Neighborhood Commercial) to OS (Open SpaCe), R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling) and C-1 (Neighborhood Commercial) or more restrictive zones for property located south of Norris Road, north of Rosedale Highway between Calloway Drive and Fruitvale Avenue. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Roll-call vote RIVERLAKES RANCH SPECIFIC PLAN AMENDMENT - MICHAEL DHANENS has; proposed an amendment by changing the text, land use designation, and circulation as follows: Land use to increase the area for the golf course by 67 acres and redistribute the residential designations around the golf course. The tex[ will reflect the changes in land use and circulation amendment. The cirCUlation amendment will delete the Collector - alternate designation for Riverlakes Drive north of Olive Drive. This will eliminate the 10-acre lake north of Olive Drive and pocket parks and add linear park along Coffee Road. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Roll call vote GENERAL PLAN AMENDMENT CASE NO P97-0643 -- CASTLE AND COOKE CALIFORNIA, INC. has proposed an amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by changing the land use deSignation from OS-P (Open Space-Parks) to LR (Low Density Residential) on 6.5.6 acres for property located approximately 200 feet west of the Buena Vista Canal and Old River Road, between White Oak Drive and Ridge Oak Drive (parcel 1), and from OC (Office Commercial) and OS (Open Space) to OS-P (Open Space-Parks) on 29.82 acres for property located on the north side of the intersection of Stockdale Highway and Buena Vista Road, south of the Kern RiVer and Parkway area (Parcel 2). (Negative Declaration on file) sTAFF RECOMMENDATION: Roll call vote Approve with conditions. Agenda, PC, 3/16/98 b) Page 7 Amend the Kern River Plan Element (KRPE) land use map code from 6.25 (Office Commercial) and 8.5/2.5 (Resource Management/Flood Hazard) to 3.1 (Public .and Private Recreation areas) on 29.82 acres for property' located on the north side of the intersection of Stockdale Highway and Buena Vista Road, south of the Kern River and Parkway area (Parcel 2). (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Roll call vote 6) GENERAL PLAN AMENDMENT CASE NO. P98-0146 - CITY OF BAKERSFIEL~D has proposed an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan by amending the Master Equestrian Trail along the southwest corner of Jewetta Avenue and Noriega Road for that segment of the equestrian trail along the west side of Jewetta Avenue fronting along the middle school site. STAFF RECOMMENDATION: R011 call vote Approve. 7a) b) GENERAL PLAN AMENDMENT CASE NO. P98-0060 - PORTER-ROBERTSON ENGINEERING AND SURVEYING FOR ATLANTIC RICHFIELD COMPANY has proposed an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use designation from HMR (High Medium Density Residential) and GC (General Commercial) to LMR (Low Medium Density Residential) on 46 +/- acres on property located generally south of White Lane and west of South "H" Street. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Roll call vote Zone Change from R-2 (Limited Multiple Family Dwelling) and R-3 (Limited Multiple Family Dwelling) to R-1 (One Family Dwelling) on 46 +/- acres on property located generally south of White Lane and west of South "H" Street. (Negative Declaration on file) STAFF RECOMMENDATION: Roll call vote Approve with conditions. Agenda, pC, 3/16/98 9. PUBLIC HEARINGS - ORDINANCE AMENDMENTS Page 8 1) Amendment to the City's CEQA Implementation Procedures adopting objectives, criteria and procedures for implementing the California Environmental Quality Act (CEQA) in a manner consistent with the Public Resources Code (§21000- 211:78.1) and CEQA Guidelines. (Categorically exempt) sTAFF RECOMMENDATION: Approve Roll call vote ¸2) Amendment to the text of the Zoning Ordinance (Title 17 of the Bakersfield Mun c pal Code) regarding procedures for conducting site plan review. (Negative Declaration On file) STAFF RECOMMENDATION: Approve Ro I call vote 10. 3) Ordinance adding Chapters 17.46, 17.47, and 15.67 to the Bakersfield Municipal Code relating to the Adoption of Drilling Island (DI) District, Petroleum Extraction (PE) Combining District, and Oil and Gas production affecting land that is currently subject to the City of Bakersfield's expansion of the Sphere of Influence on or after January 1, 1998, and all that area subject to Prezoning P97-0743 (on file with the Planning Director). (Negative Declaration on file) STA~FF RECOMMENDATION: Roll call vote COMMUNICATIONS Approve A) Written B) Verbal 11. COMMISSION COMMENTS A. Committees 12. 13. .March 5, 1998 DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXI PRE-MEETING. ADJOURNMENT ~reta~~~ Planning Director . / MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Monday, March 16, 1998, 12:15 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. ROLL CALL COMMISSIONERS: Present: Absent: JEFFREY TKAC, Chairperson ROBERT ORTIZ, Vice Chairperson STEPHEN BOYLE MICHAEL DHANENS MARTI-MUNIS KEMPER BETSY TEETER WADE TAVORN ADVISORy MEMBERS: Present: STAFF: Present: CARL HERNANDEZ, Deputy City Attorney DENNIS FIDLER, Building Director JACK LaROCHELLE, Engineering Services Manager STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner LAURIE DAVIS, Recording Secretary 2. PUBLIC STATEMENTS m None ~ CONSEN T AGENDA ITEMS Agenda Item #'s 5.2 and 5.3 were be placed on the consent calendar for Thursday, March 19, 1998. APPROVAL OF MINUTES Action on .this item was continued to the March 19, 1998, regular meeting. Minutes, PC, 3/16/98 Page 2 5.1) PUBLIC HEARING - EXTENSION OF TIME - - TENTATIVE TRACT 5436 (REVISED) 5.2) This item Was withdrawn by the applicant. PUBLIC HEARING - EXTENSION OF TIME -- TENTATIVE TRACT 5478 Commissioner Dhanens declared a conflict of interest on this item. Staff report was given recommending approval with conditions. Public hearing on this item was continued to Thursday, March 19, 1998. 5.3) PUBLIC HEARING - EXTENSION OF TIME -- TENTATIVE TRACT 5479 Commissioner Dhanens declared a conflict of interest on this item. Staff report was given recommending approval with conditions. Public hearing on this item was continued to Thursday, March 19, 1998. 6. PUBLIC HEARING - REVISED VESTING TENTATIVE TRACT 5848 Staff report was .given recommending approval with conditions. Commissi°ner Dhanens asked for a clarification of issues that the City is discussing with the Canal District with respect to the ditch in question. Staff replied that the ditch had an easement, the wording of which was questioned by the District, who was not willing at this time to deal with the disposition of said easement.. Staff has begun eminent domain work to resolve the issUe. 7. RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL EIR FOR THE KERN RIVER RANCH/BUENA VISTA ROAD PROJECT HAS BEEN COMPLETED IN COMPLIANCE WITH CEQA, THE STATE EIR GUIDELINES AND THE CITY OF BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES (CITY OF BAKERSFIELD) Staff report was given recommending adoption of resolution. Hearing On this item was continued to Thursday, March 19, 1998 meeting. Minutes, pC, 311:6198 8.1 ' a,b,c) Page 3 GENERAL PLAN AMENDMENT, CIRCULATION ELEMENT AMENDMENT, KERN RIVER PLAN ELEMENT AMENDMENT & ZONE CHANGE, CASE NO. P96-0074.- CAROSELLA PROPERTIES Staff report was given recommending approval with conditions. CommissiOner Dhanens referred to the proposal to plant two trees in front of lots in the development, and asked if this applied to the entire development; staff replied that it would apply to all 269 lots. Mr. Dhanens also asked if the linear park was to be developed in a manner similar to Truxtun Avenue; staff replied that it would be. Mr. Dhanens asked if any type of active recreational facilities had been ProPosed within that linear park; staff replied that at this time there were none. Staff report was given recommending approval with conditions. 8.2 a&b) 8.3 a&b) Hearing on this item was continued to Thursday, March 19, 1998 meeting. GENERAE PLAN AMENDMENT, CIRCULATION ELEMENT AMENDMENT AND ZONE CHANGE CASE NO. P96-0589 - CASTLE AND COOKF CALIFORNIA, INC. - Staff report was given recommending approval with conditions. Public hearing on this item was continued to Thursday, March 19, 1998 meeting. GENERAE PLAN AMENDMENT AND ZONE CHANGE CASE NO. P97-0888 .WESTRUST AesP_! MANAGEMENT, INC Staff report was given staff recommending approval with conditions. Public hearing on this item was continued to Thursday, March 19, 1998 meeting. Minutes, PC, 3/16/98 Page 4 '8.4 a,b,c) GENERAL PLAN AMENDMENT, ZONE CHANGE, RIVERLAKES RANCH 8.5 a&b) 8.6) SPECIFIC PLAN AMENDMENT AND CIRCULATION ELEMENT AMENDMENT, CASE NO. P97-0892 - MICHAEL DHANEN-~ Commissioner Dhanens declared a conflict of interest on these Items. Staff repdrt was given recommending approval with conditions. Hearing on these items was continued to Thursday, March 19, 1998 meeting. GENERAL PLAN AMENDMENT AND KERN RIVER PLAN ELEMENT AMENDMENT CASE P97-0643 - CASTLE AND COOKE CALIFORNIA, INC. staff report was given recommending approval with conditions. CommissiOner Boyle asked if the commercial area would be developed in a manner that would take advantage of park access. Staff replied that an access road would go between the commercial and park areas, providing access between the proPerty and the park itself. CommissiOner Dhanens referred to a remark in the staff report regarding the Seven Oaks developments as being "overparked," and asked that statistics reflecting the ratio of population to acres of park be available at the regular meeting of March 19, 1998. Public hearing on this item was continued to the meeting of March 19, 1998. GENERAL PLAN AMENDMENT CASE NO. P98-0146 - CITY OF BAKERSFIELD Staff report was given recommending approval. Commissioner Teeter asked that the Commission review this item before the regular meeting of March 19, 1998, including how the Rosedale specific plan intersperses with this particular element within the Polo Grounds. Hearing on this item was continued to Thursday, March 19, 1998 meeting. Minutes, PC, 3/16/98 8,7 a) GENERAL PLAN AMENDMENT CASE NO. P98-0060 - PORTER- Page 5 ROBERTSON ENGINEERING AND SURVEYING FOR ATLANTIC RICHFIELD 9.1 COMPANY Staff report was given reCommending approval with conditions. Public hearing on this item was continued to the meeting of March 19, 1998. PUBLIC HEARING - PROPOSED AMENDMENT TO THE CITY'S CEQA 9.2 IMPLEMENTATION PROCEDURES ADOPTING OBJECTIVES, CRITERIA AND PROCEDURES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN A MANNER CONSISTENT WITH THE PUBLIC RESOURCES CODE (SECTIONS 21000-21178.1) AND CEQA GUIDELINES. Staff report was given recommending approval. Public hearing on this item was continued to Thursday, March 19, 1998 meeting. PUBLIC HEARING -- PROPOSED AMENDMENT TO THE TEXT OF THI= ZONING ORDINANCE (TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE) REGARDING PROCEDURES FOR CONDUCTING SITE PLAN REVIEW. 9.3 Staff report was given recommending approval. Hearing on this item was continued to Thursday, March 19, 1998 meeting. PUBLIC HEARING PROPOSED ORDINANCE ADDING CHAPTERS 17.46, 17.47, AND 15.67 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE ADOPTION OF DRILLING ISLAND (DI) DISTRICT, PETROLEUM EXTRACTION (PE) COMBINING DISTRICT, AND OIL AND GAS PRODUCTION AFFECTING LAND THAT IS CURRENTLY SUBJECT TO THI~ CITY OF BAKERSFIELD'S EXPANSION OF THE SPHERE OF INFLUENCE ON OR AFTER JANUARY 1, 1998, AND ALL THAT AREA SUBJECT TO PREZONING P97-0743 (ON FILE WITH THE PLANNING DIRECTOR). CommissiOner Boyle declared a conflict of interest on this item. Staff report was given recommending approval. Minutes, PC, 3/16/98 Page 6 CommissiOner Dhanens asked What provisions in the new sections would keep them from being applicable to tliat portion of the maP shown in yellow; staff replied that the specific rews~onS were made as separate sections that apply only to those areas shaded in green.i Mr. Dhanens asked if conditional use permits woUld be required; staff replied that they would. Hearing on this item was continued to March 19, 1998 meeting. 10. COMMUNICATIONS A) Written Letter from attorney Tom'~ Fallgatter requesting the Commission to direct staff to initiate a zone change for property on the northeast corner of Stockdale Highway and California Avenue. B) Verbal 11, COMMISSION COMMENTS 12. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING 13. ADJOURNMENT There being no further business was adjourned at 1:25 p.m. to come before the Commission, the meeting Laurie Davis Recording Secretary STANLEY GRADY, Secretary Planning Director