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HomeMy WebLinkAbout07/02/98 AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall Thursday, July 2, 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. 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 appehl 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the spec, ified time period or if all appeals filed are withdrawn,-the action of the Planning Commission shall become final. Agenda, PC, 7/2/98 Page 2 3. CONSENT AGENDA ITEMS - (marked by asterisk (*) Agenda Item ~,.6 - Vesting Tentative Tract 5600 2) Agenda Item ~4.7 - Tentative Tract 5657 (Optional Design) 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 appiicant 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. PUBLIC HEARINGS EXTENSIONS OF TIME 1 ) VESTING TENTATIVE PARCEL MAP 10278 (DeWalt Corporation) Located on the east side of Coffee Road south of Hageman Road. Consisting of 6 parcels on 17.1 acres, zoned C-2. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions 2) GrOup vote VESTING TENTATIVE PARCEL MAP 10313(Castie & Cooke) ' Located on the southwest corner of Ming Avenue and Gosford Road. Consisting of 2 parcels on 30.62 acres, zoned R-2 (Limited Multiple Family Dwelling). (Categorically exempt) STAFF RECOMMENDATION: GrOup vote Approve with conditions 3) REVISED VESTING TENTATIVE TRACT 5290 (Castle & Cooke) Located on the south side of Chamber Boulevard, between Buena Vista Road and Grand Lakes Avenue. Consisting of 42 lots on 25.71 acres, zoned R-1 (One Family Dwelling). (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions Group vote Agenda, PC, 7/2/98 4) REVISED TENTATIVE TRACT 5441 (Porter-Robertson) Located on the northeast corner of Hageman Road'and Jewetta Avenue. Consisting of 363 lots on 107 acres, zoned R-1 (One Family Dwelling) and R-l- CH (One Family Dwelling with Church overlay). (Negative Declaration on file) Page 3 STAFF RECOMMENDATION: GrOup vote Approve with conditions 5) VESTING TENTATIVE TRACT 5594 (Hardt Construction) LoCated on the north side of Hageman Road west of Himalayas Drive. consisting of 122 lots on 30.6 acres, zoned R-1 (One Family Dwelling). (Negative Declaration on file) STAFF RECOMMENDATION: ApprOve with conditions Group vote 6) VESTING TENTATIVE TRACT 5600 (Delmarter & Deifel) LoCated on the southeast corner of Hosking Avenue and Akers Road. Consisting of 186 lots on 70.43 acres, zoned R-1 (One Family Dwelling) and R-S (Residential Suburban). (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions 7) Group vote TENTATIVE TRACT 5657 (OPTIONAL DESIGN) (Porter-Robertson) Located on the northeast corner of Kern Canyon Road and Paladino Drive extended. Consisting of 70 lots on 31.3 acres, zoned R-1 (One Family Dwelling). (Negative Declaration on file) STAFF RECOMMENDATION: GrOup vote Approve with conditions Agenda, PC, 7/2/98 Page 4 5. PUBLIC HEARING - VESTING TENTATIVE TRACT VESTING TENTATIVE'TRACT 5907 (Frank St. Clair Jr.) Located along the north and south sides of Seasons Drive and abutting the west side of the Farmers canal and the north side of the Arvin-Edison Canal. Consisting of 67 lots on 20.43 aCres on property zoned R-1 (One Family Dwelling) and waiver of mineral rights owners' signature in accordance with Bakersfield Municipal Code Section 16.20.060 B.l: (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions Group vote'. 6. PUBLIC HEARING PUD/ZONE CHANGE FILE P98-0331 -- Request by CORNERSTONE ENGINEERING for proposed rezoning from a PUD (Planned Unit Development) zone to a PUD (Planned Unit Development) zone for deVelOpment of a 382 bed, 296,300 square foot multi-level medical and recovery center, and employee child care center on 20.33 +/' acres for property generally located east of Calloway Drive and north of the Cross Valley Canal. (Negative' Declaration! on file) STAFF RECOMMENDATION: Approve with conditions Roll call vote 7. GENERAL PLAN AMENDMENT/ZONE CHANGE P98-0225 CHANGING TIMING OF IMPROVEMENT CONDITIONS FOR PROPERTY LOCATED ON THE SOUTH SIDE OF STOCKDALE HIGHWAY BETWEEN OLD RIVER ROAD AND BUENA VISTA ROAD STAFF RECOMMENDATION: Group vote' Deny STATUS REPORT- PCD ZONE CHANGE 5442 ON THE NORTHWEST CORNER OF WILSON ROAD AND SOUTH REAL ROAD. STAFF RECOMMENDATION: Group vote Motion to retain PCD Zone Change 5442 with no further progress review required. Agenda, PC, 7/2/98 Page 5 9. 'COMMUNICATIONS 10. A) Written B) Verbal COMMISSION COMMENTS A. Committees 11. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT 12. PRE-MEETING. ADJOURNMENT June 29,1998 Y, Secretary "-.EJaNn'f~j:l~ re cto r m MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held July 2;'. 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: Present: CARL HERNANDEZ, Deputy City Attorney DENNIS FIDLER, Building Director MARIAN SHAW, Engineer IV STAFF: PUBLIC STATEMENTS Present: STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner JENNIE ENG, LAURIE DAVIS, Recording Secretary None CONSENT CALENDAR PUBLIC STATEMENTS None CONSENT AGENDA ITEMS A motion was made by Commissioner Brady, seconded by Commission Dhanens, to move Agenda Item 5 to the consent agenda. Motion carried. 3.1 Agenda Item 4.6 - Vesting Tentative Tract 5600. 3.2 Agenda Item 4.7 - Tentative Tract 5657 (Optional Design) Minutes, 3.3 PC,7/2/98 Page Agenda Item 5 Public Hearing - Vesting Tentative Tract 5907 (Frank St. iClair, Jr.) ... ~-.~' .... Commissioner Dhanens made a motion, seconded by Commissioner Brady, to. ..~' .~.' :_ ,~ '~ approve the Consent Agenda items as presented.. Motion carried. ~ . 4.1 PUBLIC :HEARING - EXTENSION OF TIME -- VESTING TENTATIVE PARCEL 4.2 MAP 10278 Commissioner Dhanens declared a conflict of interest on this item. A 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 (DeWalt Corporation)indicated he had reviewed and agreed to the conditions of approval, and asked that the extension of time be granted. The public hearing portion of this item was closed. A motiOn Was made by Commissioner Boyle, seconded by Commissioner Kemper, to approve a one-year extension of time for vesting Tentative Parcel Map 10278 to expire June 5, 1999, with findings and conditions set forth in the resolution, marked Exhibit A. Motion carried. PUBLIC HEARING -- EXTENSION OF TIME -- VESTING TENTATIVE PARCEL MAP 10313 A 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, Martin-Mclntosh Engineering, representing Castle & Cooke, stated that the applicant disagreed with the representations made by staff in the staff report regarding insufficient funds being in place in 1996 to cover proposed sewer facilities. Mr. Mclntosh pointed out that despite this alleged underfunding, the map and environmental review were approved, and the negative declaration was adopted. Staff has required additional fees which the applicant does not feel should be imposed. He also indicated that several discretionary findings had been added regarding public health and safety, even though the project has been given a certificate of exemption from environmental impacts. Mr. Mclntosh requested that the conditions of approval be reviewed and amended, stating the applicant's disagreement in particular with Condition 9. Minutes,. PC, 17/2/98 The public 'hearing portion of this item was closed. Page c°mmissioner Brady asked Public Works.to respond to the remarks-by, Mr. · . "Mclntosh: Staff gave a brief background, on sewer connection fees and hoW-they - are~computed'(2000 connections at current fee), addi_ng that this does':not take into account any vesting map that might pay a lower fee, which explains why the condition of approval in question required additional costs ($250.00 per connection fee for a difference of one year). Mr. Brady asked Mr. Mclntosh for an estimated cost burden resulting from approval Under the old sewer fee as opposed to the new fee; Mr. Mclntosh stated if it took three to four years before the map was built out to completion, the ultimate cost impact could reach as much as $450,000.00. Staff agreed. Commissioner Brady expressed concern over such additional costs being imposed On a project of this size, particularly when there was no evidence that the City Would be sufficiently negatively impacted to require such a payment at this time. Staff indicated that the $450,000.00 impact was a maximum based on a four-year life of the map to build out, that it could be considerably less (about $25,000.00 first-year impact). Commissioner Boyle asked if the City had the legal right to impose such an additional condition. Mr. Hernandez stated if the extension is going to be conditioned, the Commission would have-to make a finding that the condition was neceSsary to protect public health, safety and welfare. Mr. Boyle noted that several vesting tentative maps were on the agenda, and asked if the change requested by Mr. Mclntosh were granted, would it in all fairness not apply to other applicants as well. Staff replied that simply because Mr. Mclntosh questioned the conditions of approval, the Commission would not be bound to make the~same decision regarding other applicants. Mr. Boyle stated that he felt it was a complex question involving fundamental economics, and that it should be decided by the City Council. He indicated that he would support the findings and conditions as presented by staff, and that the applicant could petition the Council t° address the economic fundamentals of their argument. Commissioner Tavorn asked staff if the Commission granted the request of the applicant,! how the difference would be funded; staff replied that the difference would come from general funds. Commissioner Brady stated that he saw no evidence that granting the one-year extension under the old fee structure posed any threat to public safety or health, and recommended staff review and provide evidence to support the condition in question. Mr. Brady suggested that this item be continued to the next regularly scheduled meeting so that staff could respond to the applicant's concerns. ~': Minutes, .PC/7/2/98 Page 4 CommisSioner Dhanens asked for clarification from staff regarding their definition -..' -~ ........ . -.of a discretionary, action, and the.difference between a tentative parcel map and ': '~ ~ .... · ..... ~ '~:a:vested tentative parcel map; staff gave a brief explanation of both. -4._ ~. ~" Commissioner Sprague stated that if.the-demands of a'proposed development sewer needs were not met with sufficient fees to provide proper service, then it did become an issue of public health and safety. Commissioner Tavern expressed concern that this matter had apparently not been fully explored before coming before the Commission, and agreed with Commissioner Brady's suggestion that this item should perhaps be continued. Commissioner Boyle asked Ms. Shaw if the sewer plant had been financed by bonds; Ms. Shaw replied that expansion of the plant had been accomplished through a number of revenue sources, the largest being bond sales. There followed a brief discussion of what was paid out of the general taxpayers' fund; Mr. Boyle stated that since deficiencies in fees were made up out of the general fund, this in itself was sufficient evidence of a threat to public safety and health. He indicated that while he saw no reason to continue this item, he would defer to the decision of the majority of his fellow Commissioners. CommissiOner Brady made a motion, seconded by Commissioner Boyle', to continue this item until the next regular meeting. Motion carried. 4.3 PUBLIC HEARING -- EXTENSION OF TIME -- REVISED VESTING TENTATIVE TRACT 5290 A 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, Martin-Mclntosh Engineering, represented the applicant. He stated that some of the same issues that raised concerns in the previous item applied to this item as well, and indicated the applicant's disagreement with Conditions 1 and 8. The public hearing portion of this item was closed. Commissioner Brady stated, and staff agreed, that breakage of sewer lines would pose a health threat to residents of the development. The sewer cam was a method to verify the integrity of sewer lines, and Mr. Brady felt that this was sufficient evidence to warrant the inclusion of Item 8 as a condition of approval. Commissioner Kemper made a motion, seconded by Commissioner Boyle, to continue this item to the next. regular meeting. Motion carried. .Minutes, / PC,7/2/98 Rage 5 4.4' -'PUBLIC' HEARING -- EXTENSION OF TIME -- REVISED TENTATIVE TRACT 5441 .A.staff report:was given recommending approval with'conditions. _,~ The public hearing portion of this item was opened; no one spoke in opposition. Mr.. Fred Porter, representing the applicant, stated that he was in agreement with all the 'conditions of approval except Condition 1, which requires a right-turn deceleration lane. Mr. Porter. indicated that he has had numerous conversations with staff On this issue; staff agreed that Condition 1 would not be necessary. The public hearing portion of this item was closed. Commissioner Boyle asked staff if once a church is built, would the deceleration lane become necessary. Mr. Steve Walker, Traffic Engineer, stated that even though the necessity of a deceleration lane was not anticipated, the issue could be reviewed again at the time development occurred on the property. ? CommissiOner Tavorn expressed concern that the park area designated was sufficient for the estimated 350 homes that would eventually be built on the property. Staff gave a brief overview of where the parks might be lOcated within the area in question. 4,5 A mOtion was made by Commissioner Dhanens, seconded by Commissioner Kemper, to approve a one-year extension of time for Tentative Tract 5541 to expire June 19, 1999 with findings and conditions as set forth in the resolution, marked Exhibit 1, and further deleting Condition I of Exhibit 1. Motion carried. PUBLIC HEARING -- EXTENSION OF TIME -- VESTING TENTATIVE TRACT 5594 A staff repOrt was given recommending approval with conditions. 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 pointed out an erroneous date on Page 2 of Exhibit A; staff repliedthat the correct date should read 1999. Commissi°ner Sprague asked why a special 50-foot setback was included; staff replied that the setback waS an ordinance requirement. . ~ Minutes,_PC,?/2/98 Pa~e -A motion was made by Commissioner Brady, seconded by Commissioner Boyle, .to~approve a one-year extension of time for Vesting.Tentative Tract 5594 to expire May 20,. 1999 with findings and conditions set forth in the resolution, marked Exhibit A,-with the correction on Page 2 of Exhibit A, Paragraph 3, to Change the date to May20, 1999. Motion carried.. 4.6 PUBLIC HEARING -- EXTENSION OF TIME -- VESTING TENTATIVE TRACT 4.7 560O This item was approved on the consent agenda. PUBLIC HEARING -- EXTENSION OF TIME -- TENTATIVE TRACT 5657 - OPTIONAL DESIGN See Consent Agenda. PUBLIC HEARING - VESTING TENTATIVE TRACT 5907 This item was approved on the consent agenda. PUBLIC HEARING.- PUD/ZONE CHANGE -- FILE P98-0331 - REQUEST BY CORNERSTONE ENGINEERING FOR PROPOSED REZONING FROM A PUD (PLANNED UNIT DEVELOPMENT) ZONE TO A PUD (PLANNED UNIT DEVELOPMENT) ZONE FOR DEVELOPMENT OF 382 BED, 296,300 SQUARE iFOOT MULTI-LEVEL MEDICAL AND RECOVERY CENTER, AND EMPLOYEE CHILD CARE CENTER ON 20.33+/- ACRES FOR PROPERTY GENERALLY LOCATED EAST OF CALLOWAY DRIVE AND NORTH OF THE CROSS VALLEY CANAL. A staff report was given reCommending approval with conditions. The pul~lic hearing portion of this item was opened; no one spoke in opposition. Mr. Mike Callagy, Cornerstone Engineering, representing the applicant, indicated that the project had been altered since its last appearance before the Planning Commission. The two structures affected by these changes were Assisted Living and Skilled Nursing. He requested the following alterations in the conditions of approval: that the requirement for landscape and wall along Calloway be modified, and the condition for park land fees (Quimby fees) be eliminated. Mr: CallagY pointed out that Quimby fees are applicable to residential developments only, and that the proposed project would be comparable to a commercial extended stay facility. Minutes, .PC, 7/2/98 The public hearing portion of this item was closed. Page 7 CommissiOner Dhanens asked if the facility would include on- site. amenities such as eXercise classes or-an activity center that-would otherwise be available throUgh park and recreation districts. Mr,~Callagy said that as.well as exercise programs; a computer and learning center would also be accessible to residents. CommissiOner Boyle asked staff if the landscaping changes requested by the applicant Could not be granted because of code requirements. Staff replied that granting these changes were within the discretion of the Commission. Mr. Boyle indicated that he would be inclined to grant the applicant's request. Mr. Boyle asked if the Commission had the authority to waive the park fee; staff replied that the ordinance did not provide for any kind of credit or waiver, that the Commission could only recommend same to City Council. commissioner Brady stated that he disliked approving any change that would eliminate 'landscaping; however, he would support recommending to City Council that the waiver of park fees be approved. Commissioner Kemper indicated her support for the applicant's request. Commissioner Dhanens asked if the applicant would agree to adding a condition that the location of the retaining wall where utilities might be affected have the approval of the City Engineer.- Mr. Callagy indicated that he would not object to such a cOndition. Mr. Dhanens asked if the wall at the sump location was a requirement of the City or a design element of the developer. Staff replied that it was an ordinance requirement because of the site being on an arterial. Mr. Dhanens reiterated his support of the changes in conditions of approval regarding' landscape and park fees as requested by the applicant. Commissioner Boyle asked if the map reflected what kind of landscaping would be placed at the location in question. Staff replied that the applicant would have to submit a landscaping plan to the Commission for review and approval. A motion, was made by Commissioner Dhanens, seconded by Commissioner Brady, to approve the PUD zone change P_98-0331 with findings and conditions set forth in the resolution, marked Exhibit A, with the recommendation to the City Council that Condition B-7 under Site Plan Review Conditions be waived, and that Condition 2.6 under Discretionary Conditions be modified to reflect the sketch submitted by the applicant, and that the City Engineer shall have the final approval ion the location of the block wall, and that the Planning Department shall have the final approval on the landscape material to be installed between the sidewalk and the proposed new location of the block wall. Motion carried. . .L.MinuteS,.~PC,$/2/98 Pa~e 8 GENERAL PLAN AMENDMENT/ZONE CHANGE P98-0225 CHANGING TIMING~OF IMPROVEMENT CONDITIONS FOR PROPERTY LOCATED ON THE SOUTH SIDE OF STOCKDALE HIGHWAY BETWEEN OLD RIVER ROAD ?.AND BUENA VISTA ROAD. A staff rePort was given recommending denial. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Rogei Mclntosh, representing the applicant, Castle and Cooke, indicated that they-have been working with the Public Works Department to accommodate the City's overlay project at the intersection of Calloway and Old River Road, and that Castle and Cooke has agreed to put in certain improvements (curb and gutter, median, etc.) in front of the new office building currently under construction. He also indicated that the median landscaping would be extended from the entrance of Cai State at Don Hart Drive and continued to Calloway. The publi~ hearing portion of this item was closed, Commissioner Boyle stated that his understanding was the applicant had agreed to install landscaping that they are not obligated to provide in exchange for a deferral of certain landscaping requirement at the present time. Ms. Shaw replied that that was correct. Mr. Boyle indicated he would support the applicant~s request subject to the arrangement agreed to between applicant and staff. Commissioner Sprague asked if there was a time limit imposed for the development of the landscaping and wall in question. Staff replied that the condition, could be reWorded to include such a requirement. Mr. Mclntosh stated that the applicant would not be agreeable to a distinct time requirement because the improvements will funded through bond sales, the revenue from which had to be spent within three years to avoid penalties. A motion was made by Commissioner Kemper, seconded by Commissioner Boyle, to adopt resolution recommending approval of the requested amendment to the land use element of the Metropolitan Bakersfield 2010 General Plan, with findings Specifically Condition 14 of City Council Resolution 221-88 and Condition '12 of City Council Resolution 109-90, the addition of language on Page 2 0f staff report as well as Condition 12, adding "excepting any public facility." :Motion carried. A motion was made by Commissioner Kemper, seconded by Commissioner Boyle, to adopt resolution recommending approval of the requested zone change within findings, specifically Condition 12 of Ordinance 3308, adding "excepting ~-Minutes,. pC,7/2/98 Page any public facility." Motion carried. :,!'STATUS REPORT - PCD ZONE CHANGE 5442 ON-THE NORTHWEST 10. 11. CORNER OF WILSON ROAD AND SOUTH REAL ROAD. .9 A motion iwas made by Commissioner Boyle, seconded by Commissioner Brady, to retain the PCD Zone Change 5442 with no further progress review required. Motion carried. , COMMUNICATIONS Ms. Shaw proposed that the following workshops be held for the Commission: 1) Capabilities of the new Council chambers, and 2) the new City web page (internet address: www.ci.bakersfield.ca.us). It was agreed that the workshops would 'be held August 17, 1998, at the scheduled pre-meeting. COMMIsSIoN COMMENTS DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF 12. THE NEXT PRE-MEETING The nextpre-meeting was not canceled. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 8:26 p.m. Laurie Davis STANLEY GRADY~ Secretary Planning Director A staff rePort was given recommending motion to retain PCD Zone Change 5442 with no further progress review required. Commissioner Boyle referred to a letter that had been sent to a property owner regarding this item, in which no response had been noted. Staff replied that no response had been received to date.