HomeMy WebLinkAbout06/18/98Council chamber, City Hall
AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Thursday, June 18, 1998
5:30 p.m.
1, ROLL CALL
JEFFREY TKAC, Chairman
MICHAEL DHANENS, Vice-Chairman
STEPHEN BOYLE
MATHEW BRADY
MARTI MUNIS-KEMPER
ROBERT ORTIZ
WADE TAVORN
ALTERNATE:
RON SPRAGUE
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.
A
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, 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appeals are withdrawn prior to the City Council hearing, it will not be conducted and the
decis..ion 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withdrawn, the action of the Planning Commission shall become final.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, 6/18198
Page ?
.3.
CONSENT;AGENDA ITEMR - (marked by asterisk (*)
These itemslwill 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 wi~hes 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 -VESTING TENTATIVE PARCEL MAP 1053-~ (Martin-Mclntosh)
A proposed vesting tentative parcel map for single family residential purposes
containing 3 parcels on 87.88 acres, zoned R-1 (One Family Dwelling) and OS (open -
space); and waiver of mineral rights signatures pursuant to BMC 16.20.060 B. 1. located
at the southeast corner of Stockdale Highway and South Allen Road. (Negative
Declaration on file)
RECOMMENDATION: APPROVE WITH CONDITIONS
Group vote!
PUBLIC HEARING - ORDINANCE AMENDMENT
Ordinance amending Chapters 17.46, 17.47 and 15.67 to the Bakersfield Municipal
Code relating to the adoption of Drilling Island (DU) District, Petroleum Extraction (PE)
Combining District, and Oil and Gas Production zones to include the area generally
located between Rosedale Highway, Kern River, Gibson Street and the Friant-Kern
Canal, known as the Rosedale No. 5 Annexation area (Prezoning Ordinance No. 3473
(File No. 5275) as applicable to these chapters of the Bakersfield Municipal Code.
(Categorically exempt)
RECOMMENDATION: APPROVE
Roll call vote.
PuBLIc HEARINGS - GENERAL PLAN AMENDMENTS, CONCURRENT ZONI-
CHANGES AND RIVERLAKES RANCH SPECIFIC PLAN AMENDMENT
la) GENERAL PLAN AMENDMENT CASE NO. P98-0225 - CASTLE & COOKE CA,
INC. has proposed an amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan for a condition modification to change the timing
of improvements located on the south side of Stockdale Highway between Old
River Road, the Kern River Canal and Buena Vista Road. (Categorically
exempt)
RECOMMENDATION: DISAPPROVE
Roll call vote.
Agenda, PC, 6118198
Page
b)
2a)
b)
3)
4)
Ordinance amendment condition modification changing the timing of
improvements located on the south side of Stockdale Highway between Old
River Road, the Kern River Canal and Buena Vista Road. (Categorically
exempt).
RECOMMENDATION: DENY
Roll call vote.
GENERAL PLAN AMENDMENT CASE NO. P98-0237 - CORNERSTONF
ENGINEERING has proposed to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan from GC (General Commercial) to
LR (Low Density Residential) on 2.06 acres located northeast of the intersection
of Brundage Lane and Oswell Street. (Negative Declaration on file)
RECOMMENDATION: APPROVE WITH CONDITIONS
R°ll call vote.
Zone Change/Ordinance Amendment consisting of changing the existing zoning
district from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on 2.06
acres located northeast of the intersection of Brundage Lane and Oswell Street.
(Negative Declaration on file)
RECOMMENDATION: APPROVE WITH CONDITIONS
Roll call vote.
GENERAL PLAN AMENDMENT CASE NO. P98-0175 - CITY OF
BAKERSFIELD PUBLIC WORKS DEPARTMENT has proposed a Circulation
Element Amendment changing the designation of Panorama Drive between
Haley Street and Union Avenue from arterial to collector. (Categorically exempt)
RECOMMENDATION: APPROVE
Roll:call vote.
GENERAL PLAN AMENDMENT, CIRCULATION ELEMENT AND RIVERLAKE~
RANCH SPECIFIC PLAN AMENDMENT CASE NO. P98~0263 - CITY OF
BAK. ERSFIELD has proposed an amendment to the Bikeway Master Plan Map
(Figure 111-7) of the Circulation Element of the Metropolitan Bakersfield 2010
General Planl and proposed amendment to the RiverLakes Ranch Specific Plan
related to bikeways. (Negative Declaration on file)
RECOMMENDATION: APPROVE
Roll call vote.
Agenda, PC, 6/18198
Page
COMMUNICATIONS
A) written
B) Verbal
COMMISSION COMMENTS
A) Committees
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THF
10.
June 15, 1998
NEXT PRE-MEETING.
ADJOURNMENT
Secretary
MINUTES OF THE REGULAR MEETING
OF THE
PLANNING COMMISSION
-.. OF. THE CITY OF BAKERSFIELD
Held Thursday, June 18, 1998, 5:30 p.m., City Council Chamber, City Hall, 1501
Truxtun Avenue, Bakersfield, California.
1. ROLL CALL
=
COMMISSIONERS: Present:
JEFFREY TKAC, Chairperson
MICHAEL DHANENS, Vice Chairperson
STEPHEN BOYLE
MATHEW BRADY
ROBERT ORTIZ
RON SPRAGUE
ADVISORY MEMBERS:
Absent:
Present:
MARTI-MUNIS KEMPER
WADE TAVORN
CARL HERNANDEZ, Deputy City
Attorney
DENNIS FIDLER, Building Director
MARIAN SHAW, Engineer IV
STAFF:
Present:
The Chairman read the nOtice of right to
PUBLIC STATEMENTS
STANLEY GRADY, Planning Director
JIM MOVIUS, Principal Planner
LAURIE DAVIS, Recording Secretary
appeal as set forth on the agenda.
None
CONSENT AGENDA ITEMS
None
Minutes, PC, 6/18/98
4. PUBLIC HEARING -VESTING TENTATIVE PARCEL MAP 10535
Page 2
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 applicant, stated that he has read the staff
report and concurred with the conditions of approval as amended by the June 15
memorandum. He also indicated that the applicant would be asking for
exemption from school fees as allowed by law.
The publiC hearing portion of this item was closed.
A motion Was made by Commissioner Brady, seconded by Commissioner Ortiz,
to approve and adopt the negative declaration and to approve vesting Tentative
Parcel Map 10535 with findings and conditions set forth in the resolution marked
Exhibit A,~ including the revisions contained in the Planning Director's memo of
June 15, !998. Motion carried.
PUBLIC HEARING -ORDINANCE AMENDMENT TO CHAPTERS 17.46, 17.47,
AND 15.67 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE
ADOPTION oF DRILLING ISLAND (DU) DISTRICT, PETROLEUM
EXTRACTION (PE) COMBINING DISTRICT, AND OIL AND GAS
PRODUCTION ZONES TO INCLUDE THE AREA GENERALLY LOCATED
BETWEEN ROSEDALE HIGHWAY, KERN RIVER, GIBSON STREET, AND
THE FRIANT-KERN CANAL, KNOWN AS THE ROSEDALE NO. 5
ANNEXATION AREA (PREZONING ORDINANCE NO. 3473, FILE NO. 5275)
AS APPLICABLE TO THESE CHAPTERS OF THE BAKERSFIELD
MUNICIPAL CODE.
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.
Minutes, PC, 6/18/98 Page 3
A motion was made by Commissioner Ortiz, seconded by Commissioner
'Dhanens,~to approve and adopt the negative declaration and to approve the
ordinance' amending Chapters 17.46, 17.47 and 15.67 to the Bakersfield
Municipal Code as described, and with findings set forth in the resolution marked
Exhibit "A" and recommend same to City Council. Motion carried by the
following roll call vote:
AYES:
NOES:
Dhanens, Boyle, Brady, Ortiz, Sprague, Tkac
None
6.1
a&b
6.2
a&b
PUBLIC HEARING - GENERAL PLAN AMENDMENT, AND ORDINANCE
AMENDMENT -- CONDITION MODIFICATION
Staff report was given recommending denial.
The public hearing portion of this item was opened; no one spoke in opposition.
Mr. Roge:r Mclntosh; representing the applicant, requested a two-week
continuance on this item to allow resolution of issues brought up in a memo by
Jack LaR°chelle, and conclusion of joint efforts with the Public Works
Department t° expedite improvements along Stockdale Highway.
A motion was made by Commissioner Brady, seconded by Commissioner Ortiz,
to keep the public hearing portion of this item open and continue it to July 2,
1998. Motion carried.
PUBLIC HEARING -- GENERAL PLAN AMENDMENT/ZONE CHANGE CASE
NO. P98-0237
Staff rep6rt was given recommending approval with conditions.
The public hearing portion of this item was opened; no one spoke in opposition.
Mr. Mike Callagy, Cornerstone Engineering, representing the developer,
requested approval of the general plan amendment and zone change.
The publi~ hearing portion of this item was closed.
Minutes, PC,i 6/18/98 Page 4
CommisSioner Sprague directed an enquiry to Mr. Steve Hartsell, attorney with
Schools Legal Service, Director of School District Facility Services for the Kern
County Superintendent of Schools Office regarding school fees. Mr. Sprague
asked for clarification regarding the criteria that governed changes in school
fees. Mr. Hartsell replied that the current statutory cap was $1.84 applicable to a
residential development not subject to a condition included as part of a zone
change or general plan amendment. A zone change or general plan amendment
can trigger an increase to implement mitigation measures.
Mr. Sprague asked why this property, having gone through a previous zone
change, was not required to pay the higher levy; Mr. Hartsell stated that it was
not until 1993 that changes in the law coupled with agreements with the building
industry allowed school districts to alter the fee structure. Mr. Hartsell also gave
a brief explanation of the various methods other than outright fees that are used
by districts to ensure mitigations required by the planning approval process,
including environmental impacts.
Chairman Tkac suggested that a workshop on school fees and methods of
assessment would be both appropriate and useful; Mr. Hartzell agreed to
conduct such a workshop.
Commissioner Dhanens referred to Exhibit F (Sample Residential Plotting) in the
staff repo..rt, asking if a certain 0.8-acre area was in the County and not a part of
this application; Mr. Callagy replied that was correct. Mr. Dhanens also referred
to an adjoining 2.6-acre parcel broken into four lots; Mr. Callagy said that the
four-lot configuration was onlY a possibility of how the land could be divided
should anY future owner decide to do so.
A mOtion was made by Commissioner Brady, seconded by Commissioner Boyle,
to adopt a resolution approving and adopting the negative declaration and
approving the one-family dwelling R-1 zoning with findings as presented in the
resolution: subject to mitigation measures as shown on Exhibit A, and
recommend same to'the City CoUncil. Motion carried by the following roll call
vote: : ' '
AyEs:
Dhanens, Boyle, Brady, Ortiz, Sprague, Tkac
NOES: NOne
Minutes, PC,3 6/18/98 Page 5
A motion'.was made by Commissioner Brady, seconded by Commissioner Boyle,
to adopt a resolution approving and adopting the negative declaration and
approving the proposed Iow-density residential designation with findings as
presented in the resolution subject to mitigation measures as shown on Exhibit
A, and recommend same to the City Council. Motion carried by the following roll
call vote: :~
· - AYES: Dhanens, Boyle, Brady, Ortiz, Sprague, Tkac
NOES: None
6.3
GENERAL PLAN AMENDMENT CASE NO. P98-0175 - CITY OF
BAKERSFIELD PUBLIC WORKS DEPARTMENT
Staff repOrt was given recommending approval.
lhe public hearing portion of this item was opened; no one spoke in opposition.
The public hearing portion of this item was closed.·
Commissi:oner.Sprague asked if there were any requirement for the mortuary to
improve the landscaping along Panorama Drive, such as a retaining walls. Staff
replied that no such requirement had been imposed.
CommissiOner Brady asked for a clarification of the status of the right-of-way;
staff replied that the right-of-way would be given back to the property owner, and
that this issue would be addressed in a future meeting.
CommissiOner Boyle asked what advantage would be gained by the City by this
process other than annexing the cemetery. Staff replied that the annexation
merely incorporated an area already surrounded by the city, and that no great
economic!benefit was expected.
A motion was made by Commissioner Brady, seconded by Commissioner Ortiz,
to adopt a resolution recommending approval of the requested amendment to
the circulation element of the MetrOpolitan Bakersfield 2010 General Plan with
findings'as in Exhibit D. Motion carried by the following roll call vote:
AYES: Dhanens, Boyle, Brady, Ortiz, Sprague, Tkac
NOES: None
Minutes,
6.4
pc,. 76/18/98 Page 6
GENERA~ PLAN AMENDMENT, CIRCULATION ELEMENT AND
RIVERLAKES RANCH SPECIFIC PLAN AMENDMENT CASE NO. P98-0263 -
CITY OF BAKERSFIELD
Commissioner Dhanens declared a Conflict of interest on this item.
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.
Commissioner Boyle stated that he understood prior to this application the
bikeways Were going to be combined some way with the sidewalks. Staff replied
that they were not. Mr. Boyle referred to a portion of the application that seemed
to indicate a potential combination; staff referred Mr. Boyle to Steve Walker,
Traffic Engineer, Public Works Department, who indicated that the combination
of bikeways and sidewalks is one element of the proposed change and gave a
brief explanation regarding State interpretation of what constituted a bike lane or
path. ~
Commissioner Boyle asked if such a Combination would result in some sort of
multi-use.path; Mr. Walker replied that a multi-use path did not qualify as a bike
path, and~because of this designation, Planning tried to avoid implementing such
paths as substitutes for an element of the bikeway plan.
Mr. Walker gave a brief explanation of what consituted a bike route, a bike lane,
and a bike path according to CaI-Trans and vehicle code criteria.
A motion was made by Commissioner Brady, seconded by Commissioner Ortiz,
to approve and adopt the negative declaration and to approve P98-0263 with
findings set forth in the resolution marked Exhibit A. Motion carried by the
following roll call vote:
AYES:
Boyle, Brady, Ortiz, Sprague, Tkac
NOEs: None
ABSENT: Commissioner Dhanens
Minutes, PC, 6/18/98
COMMUNICATIONS *
There were no verbal or written communications.
Page 7
coMMISSION COMMENTS
Commissioner Sprague stated that he had received a phone call from Gene
Bogart with the Bakersfield 'City Water Resources regarding water fees projected
for the northeast water treatment plant. He asked if the fee were going to Cai
Water, why would the Bakersfield City Water Resources Department be
speaking for Cai Water and trying to set a fee. Mr. Sprague requested
clarification of this matter in writing from Bakersfield City Water Resources,
including a proposed fee structure and whether such fees would be in any way
subsidized by the City of Bakersfield. He also requested a statement from Mel
Byrd with Cai Water regarding his perception of what fees would be charged on
a per-house basis, including a breakdown of existing City hook-up fees for a
cross comparison within the Planning Commission.
Staff replied that they would pass'on Commissioner Sprague's request to the
Water Department; however, the Water Department would most likely question
why the Commission was asking about the financing of a water facility when it
has no jurisdiction over whatever that decision is. The 'matter before the
Commission would be for environmental impact report purposes, not financing.
Commissioner Dhanens, reporting for the committee working on the hillside
ordinance, indicated that Mr. Gauthier is currently putting together a package of
information that would include the ordinance draft that would be distributed to
each of the Commissioners as well as to the public, and people who have
requested copies for their review.
Mr. Grady stated that the Urban Development Committee met on the small lot
subdivision and apartments issue and looked favorably on staff's material,
suggesting that the Commission proceed through the ordinance adoption
process. Mr. Grady indicated that he would now take that information and into
an ordinance format to 'be brought before the Commission.
v
Minutes, PC,! 6/18/98
Page
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF
10.
..THE NEXT PRE-MEETING
The next pre-meeting was not canceled,
ADJOURNMENT
There being no further business to come before the Commission, the meeting
was adjourned at 6:22 p.m.
Laurie Davis
Recording Secretary
Plannihg Director'