HomeMy WebLinkAbout08/20/98Council Chamber, City Hall
1. ROLL CALL
ALTERNATE:
AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Thursday - August 20, 1998
5:30 p.m.
· JEFFREY TKAC, Chairman
MICHAEL DHANENS, Vice-Chairman
STEPHEN BOYLE
MA THEW BRAD Y
MARTI MUNIS-KEMPER
ROBERT ORTIZ
WADE TA VORN
RON SPRA G UE
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.
2. ,PUBLIC STATEMENT,~
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.. 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 foriany 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appeals are withdrawn prior to the City Council hearing, it will not be conducted and the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withdrawn, the .action of the Planning commission shall become final.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, Thursday, August 20, 1998 - Page 2
3. C~ONSENT AGENDA ITEM~ ~ (marked by asterisk (*)
1) Agenda Item 7.3) - Extension of Time - Vesting Tentative Tract 5596
2) Agenda Item 7.5) - Extension of Time - Vesting Tentative Tract 5658
3) Agenda Item 9 - Vesting Tentative Tract - Revised
4) Agenda Item 11.1) - General Plan Consistency Finding - Vacation of "F" St.
5) Agenda Item 11.2) - General Plan Consistency Finding - Acceptance of Title
6) Agenda Item 11.3) - General Plan Consistency Finding - Vacation of excess
right-of-way.
7) Agenda Item 11.4) -General Plan Consistency Finding Acquisition of 15
acres.
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, the public hearing will be
opened and the items acted on as a group.
APPROVAL OF MINUTE~ '
Approval Of minutes of the regular meetings held May 7, 'May 21, June 4, June 15 and
June 18, i998.
PUBLIC HEARING TO RECEIVE COMMENTS ON ADE UACY OF THE DRAFT
ENVIRONMENTAL IMPACT REPORT DEIR FOR THE NORTHEAST BAKERSFIELD
BICYCLEPATH AND WATER FACILITIES PROJECT.
The project involves the change of land use designation from Low Density Residential to
Public FaClility on 40 acres. Related to this change are a variety of other project
components including a bicycle path, water ponds, water pipelines and pump stations all
associated with this project which is located in northeast Bakersfield. (Comments will
be referred to staff for response in the Final EIR).
STAFF RECOMMENDATION: Receive comments and refer to staff.
Roll call vOte.
PUBLIC HEARING -ADMINISTRATIVE REVIEW - P98-0563 (Colonial Heritage
Homes, INC.)
Administrative Review to consider amendment to the final development plans of P.U.D.
(Planned Unit Development) 4924 located north of Stockdale Highway, approximately
one quarter;mile west of Ashe Road, to allow a change in the dwelling footprint and
Agenda, PC, Thursday, August 20, 1998 - Page 3
architectural elevations from one-story or two-story attached designs to one,
story dwelling on Lots 32 through 37, inclusive. (Categorically exempt) detached
STAFF RECOMMENDATION: Action to be determined by Planning Commission
Group vote.
STAFF RECOMMENDATioN:
-
1) VESTING TENTATIVE PARCEL MAP 10313 (Castle & Cooke)
LOcated on the southwest corner of Ming Avenue and Gosford Road. Consisting
of two parcels 'on 30.62 acres, zoned R-2 (Limited Multiple Family Dwelling).
(Continued from the regular meeting of July 2 1998.) (Categorically exempt)
Approve with conditions
Group vote.
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). (Continued from regular meeting of July 2, 1998.)
(Negative Declaration on file)
STAFF RECOMMENDATION:
Group vote'
Approve with conditions
3) VESTING TENTATIVE TRACT 5596 (Porter-Robertson)
Located at the northeast corner of Hageman Road and Verdugo Lane.
Consisting of 133 lots on 40.4 acres, zoned R-1 (One Family Dwelling).
(Negative Declaration on file)
STAFF RECOMMENDATION: Approve with conditions
Group vote.
4) REVISED VESTING TENTATIVE TRACT 5489 (Martin-Mclntosh)
Located at the northeast corner of Bdmhall Road and Old Farm Road.
Consisting of 98 lots on 58.13 acres, zoned E (Estate, One Family Dwelling).
(Negative Declaration on file)
F
Agenda, PC, Thursday, August 20, 1998 Page 4
STAFF RECOMMENDATION: Approve with conditions
Group vote.
VESTING TENTATIVE TRACT 5658 (Smithtech USA)
LOcated at the north side of Hageman Road between Nan Street and
Brittany Street. Consisting of 274 lots on 80.72 acres, zoned R-1 (One
Family DWelling). (Negative Declaration on file)
STAFF RECOMMENDATION:
Group vOte.
Approve with conditions
TENTATIVE TRACT 5696 (Wells Fargo Bank, N.A.)
LoCated at the easterly extension of Highland Knolls Drive, east of Littler Court.
Consisting of 20 lots on 7.19 acres, zoned R-1 (One Family Dwelling).
(Negative Declaration on file)
STAFF RECOMMENDATION:
Group vote
Approve with conditions
Se
PUBLIC HEARINGS. VESTING TENTATIVE PARCEL MAPs/ZONE CHANGE
1) VESTING TENTATIVE PARCEL MAP 10522 (Martin_Mclntosh)
Ldcated generally between the Kern River and Stockdale Highway, west of
Buena Vista Road consisting of ten parcels zoned C-2 (Regional Commercial)
and C-O (Commercial & Professional Office) on 116 acres and request to waive
mineral right signatures pursuant to Bakersfield Municipal Code Section
16.20.060 BI. (Negative Declaration on file)
STAFF RECOMMENDATION:
:
Group vote.
Approve with conditions
VESTING TENTATIVE PARCEL MAP 10552 (DeWalt Corporation)
Located at the northwest corner of Coffee Road and Granite Falls Drive.
Consisting of six parcels on 21.71 acres for commercial development
purposes, zoned C-2 (Regional Commercial) and OS (OS (Open Space).
(Negative Declaration on file)
STAFF RECOMMENDATION:
Group vote.
Approve with conditions
Agenda, PC, Thursday, August 20, 1998
STAFF RECOMMENDATION:
Roll call vote.
ZONE CHANGE P98-0462 (DeWalt Corporation)
Located at the northwest corner of Coffee Road and Granite Fails Drive.
Consisting of a change from C-2 (Regional Commercial) and OS (Open
Space) zones to a P.C.D. (Planned Commercial Development) zone on
2'1.71 acres for pUrposes of a phased commercial shopping center
development. (Negative Declaration On file)
Approve with conditions
VESTING TENTATIVE PARCEL MAP 10557 (DeWalt
Corporation)
Located between Norris Road and' Hageman Road and Coffee Road and
Calloway Drive; being a portion of Section 8 and 17, T. 29S., R.27E.,
M.D.B.&M. Consisting of five lots on 404 aCres, zoned R-1 (One Family
Dwelling), R-2 (Limited Multiple Family Dwelling) and' OS (Open Space).
(Negative Declaration on file)
STAFF RECOMMENDATION:
Group vote.
Approve with conditions
b). VESTING TENTATIVE PARCEL MAP 10558 (DeWalt Corporation)
Located between Norris Road and Hageman Road and Coffee Road and
Calloway Drive; being a portion of Section 8 and 17, T. 29S., R.27E.,
Consisting of three parcels on 179 acres zoned R-1 (One Family
Dwelling), R-2 (Limited Multiple Family Dwelling), C-1 (Neighborhood
Commercial) and OS (Open Space). (Negative Declaration on file)
STAFF RECOMMENDATION: Approve with conditions
Group vote'
PUBLIC HEARING FOR VESTING TENTATIVE TRACT MAP
VESTING TENTATIVE TRACT MAP 5700 - REVISED (Porter-Robertson)
Located at the southwest corner of Harris Road and Summer Springs Drive; being a
portion of the southwest 1/4 of Section 22, Township 30 South, Range 27 East,
M.D.B.&M. Consisting of 106 lots for single famil reside ·
acres on property zoned R-i /On~ ~..,..,,_ ,-, ....... Y. _ nbal.development on 23.66
, ,- --.,,,,,y L~wejJmg) an(3 a waiver of mineral rights
owners' signature in accordance with Bakersfield Municipal Code Section 16.20.060
B.1. (Negative Declaration on file)
Agenda, PC, Thursday, August 20, 1998
10.
11.
STAFFiRECOMMENDATION: Approve with conditions
Group Vote.
PUBLIC HEARING - GENERAL PLAN AMENDMENT/CIRCULATION ELEMEN,
AMENDMENT
GENERAL PLAN/CIRCULATION ELEMENT AMENDMENTS P98-0584. (City of
Bakersfield)
Located along "F" Street between California Avenue and Truxtun Avenue. To delete the
collectoi- designation for "F" Street.
STAFF RECOMMENDATION:
Roll call vote.
Approve
GENERAL PLAN CONSISTENCy FINDINGR
1)
General plan consistency finding pursuant to Section 65402 of the Government
Code for vacatio_n.of "F" Street. (Categorically exempt)
STAFF RECOMMENDATION:
Group vote. Make finding
2)
Make finding
General plan consistency finding pursuant to Section 65402 of the Government
Code for acceptance of title to a 6,000 square foot Parcel by the Central District
Development Agency. Located at 515 Kentucky Street, south side'of Kentucky
Street between Kern Street and Tulare Street. (Categorically exempt)
STAFF RECOMMENDATION:
Group vOte.
Make finding
3)
General plan consistency finding pursuant to Section 65402 of the Government
Code for vacation of excess right-of-way. A seven foot wide strip along the
soUth side of Panorama Drive and a seven foot wide strip along the north side of
Acacia Avenue adjacent to Greenlawn Cemetery (3700 River Boulevard).
(Categorically exempt)
STAFF RECOMMENDATION:
Group vote.
Make finding
Agenda, PC, ThUrsday, August 20, 1998
~ 4)
12.
General plan consistenCy finding pursuant to Section 65402 of the Government
COde for acquisition of 15 acres on west side of Manor Street,. south of the Kern
River. (Categorically exempt)
:
STAFF RECOMMENDATION:
Group vOte.
COMMUNICATIONS
A) Written
Make finding
B) Verbal
13.
14.
COMMIsSIoN COMMENTS
A) Committees
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF TH!
.NEXT PRE-MEETING.
15. ADJOURNMENT
Pit
August 17. 1998
TAN.LE-~_G ~DY,I Secretary
Planning Director t '
MINUTES OF THE REGULAR MEETING
OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Held August 20, 1998, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue,
Bakersfield, California.
ROLL CAIJL
COMMISSIONERS:
Present:
JEFFREY TKAC, Chairperson
MICHAEL DHANENS, Vice Chairperson
STEPHEN BOYLE
MATHEW BRADY
MARTI MUNIS-KEMPER
ROBERT ORTIZ
WADE'TAVORN
RON sPRAGUE
ADVISORY MEMBERS:
Present:
JANICE SCANLAN, Deputy City Attorney II
DENNIS FIDLER, Building Director
JACK LAROCHELLE, Engineering Services Manager
STAFF:
Present:
STANLEY GRADY, Planning Director
JIM MOVIUS, Principal Planner
JENNIE ENG, Associate Planner
PAM TOWNSEND, Recording Secretary
PUBLIC STATEMENTS
None
CONSENT CALENDAR
1)
2)
3)
4)
s)
6)
7)
Agenda Item 7.3) - Extension of Time - Vesting Tentative Tract 5596
Agenda Item 7.5) - Extension of Time - Vesting Tentative Tract 5658
Agenda Item 9 - Vesting Tentative Tract 5700 - Revised
Agenda Item 11.1) -General Plan Consistency Finding -Vacation of "F" St.
Agenda Item 11.2) - General Plan Consistency Finding - Acceptance of Title
Agenda Item 11.3) - General Plan Consistency Finding - Vacation of excess
right-of-way.
Agenda Item 11.4) - General Plan Consistency Finding - Acquisition of 15
acres.
Minutes, PC, 8/20/98 Page 2
A motion Was made by Commissioner Boyle, seconded by Commissioner Ortiz to
approve the.consent.agenda~items...Motion .carried.
APPROVAL OF MINUTES
A motion Was made by Commissioner Brady, seconded by Commissioner Sprague, to
approve the minutes of the regular meetings held May 7, May 21, June 4, June 15, and
June 18, 1998, with the following corrections: Commissioner Kemper requested that the
minutes for May 21, Page 3 (second and third line of the second paragraph reflecting
time and dollars) be corrected. Commissioner Brady requested that the minutes of May
7 and June 4 be corrected to reflect the correct listing of attendees.
PUBLIC HEARING TO RECEIVE COMMENTS ON ADEQUACY OF THE DRAFT
ENVIRONMENTAL IMPACT REPORT (DEIR) FOR THE NORTHEAST BAKERSFIELD
BICYCLE PATH AND WATER FACILITIES PROJECT.
The project involves the change of land use designation from Low Density Residential to
Public Faci~lity on 40 acres. Related to this change are a variety of other project
components including a bicycle path, water ponds, water pipelines and pump stations all
associated with this project which is located in northeast Bakersfield. (Comments will
be referred to staff for response in the Final EIR).
A staff report was given; staff recommends referral of comments to staff.
Mr. Thomas Holme, representing M.B.A., the environmental consultant firm, gave a brief
summary of the project and of the environmental impacts.
The public hearing portion of this item was opened.
Mr. George Nickel, Jr. distributed a letter to the Commission concerning previous
correspondence and various documents he had submitted to the Planning Commission
and the Planning Department. The letter addressed a number of potential problems with
the proposed project and suggested solutions for same, including: a water supply to
maintain the bike path; water quality and source of same; evaporation and quality loss of
water be taken from the Kern River; difficulty of intake of water into the treatment plant
north of Paiadino Drive.
Mr. Bob Addison, Director of Parks for Kern County, stated that the proposed design
complements the natural park-like setting of the area and preserves access (equestrian
trail, fishing, walking, etc.) along the river corridor to the north of the project. He
indicated that the design will enable consolidation of diversions that will help provide
water to Hart Lake as well as other facilities. Because of these and other benefits, Mr.
Addison indicated his support for this project.
Mr. Rich O'Neil spoke on behalf of the Kern River Bike Path Committee, indicating the
committee's support of the plan as presented. However, he stated that certain items in
the draft EIR needed to be addressed more specifically, such as Class I bike paths as
opposed to Class II or Class III, and specific location of the equestrian trail.
Minutes, PC, 8~20~98
Page 3
6~
The' public hearing portion of this item was closed.
Commissioner Brady asked staff to clarify how the bike path intersects with Alfred Harrell
Highway since there Were no drawings or description about how the two would interface.
Mr. Brady expressed serious concerns regarding this, since Alfred Harrell Highway is a
55-mph roadway. He also asked for information regarding the grade of the bike path,
and possible mitigations of the risk to children or young adults on bikes approaching this
intersection. He asked Mr. O'Neil to comment on how this proximity would classify the
bike'trail; Mr. O'Neil indicated a Class I bike trail would always have a physical distance
between itself and a roadway. Mr. Brady also stated that any paleontological finds be
kept within the community, noting that past discoveries have often gone out of Kern
County. ~.
Commissioner Boyle asked for additional information regarding Mr. Nickel's suggestions
for alternate locations for the takeout point for water used for hydroelectric plants.
A motion was made by Commissioner Brady, seconded by Commissioner Dhanens, to
refer comments to staff for preparation of a final EIR. Motion carried.
PUBLIC HEARING - ADMINISTRATIVE REVIEW- P98-0563 (COlonial Heritage
Homes, Inc:)
Administrative Review to consider amendment to the final development plans of p.U.D.
(Planned unit Development) 4924 located north of Stockdale Highway, approximately
one quarter mile west of Ashe Road, to allow a change in the dwelling footprint and
architectural elevations from one-story or tWo-story attached designs to detaChed one-
story dwelling on Lots 32 through 37, inclusive. (Categorically exempt)
A staff rep°~rt was given; staff recommends action to be determined by Planning
Commission.
The public bearing portion of this item was opened.
Mr. Don Robertson, a resident of the area, expressed his disapproval of the project, that
he feared the proposed amended plan would result in a loss of value for surrounding
property. ~
Mr. Robert McCunsey (applicant) gave a brief history of the project and urged approval
of the amended development plan for the project. He gave a breakdown of past,
current, and projected property values of the site~
Mr. Rick MOrtimer, President of the Board of Directors of Heritage Homes, reiterated
how property values have increased since the project has been developed and how the
property itself has been improved.
Mr. Randy Craig, a resident of the area, expressed his support of the project.
Mr. John Molitoris indicated his support and told how the project has dramatically
improved in the two years since he moved into the area.
Minutes, PC, 8/20~98 Page 4
The public ihearing portion of this item was closed.
Commissioner Brady asked if any two-story structures were incorporated into the plan;
Mr. McCunsey replied that he has two-story plans available but no sales have been
generated, that buyers preferred either a single level or a design that offered a master
bedroom downstairs. Mr. Brady indicated his support for the project; though sympathetic
to the current owners' reservations, he disagreed that a vacant lot was the better
alternative.
Commissioner Boyle referred to the wide range of square footage homes available,
'stating thatwhether or not a dwelling was a single or dual level had little impact on
ultimate values. He felt that smaller homes versus larger was a more significant issue,
which was Within the control of the Homeowner's Association since they could adopt
CC&R's that impose minimum lot and square footage sizes. Mr. Boyle indicated his
support of this project.
Commissioner Kemper stated that the proposal supported the best and highest use of
the site. She also~ pointed out that the present market does not support very large units,
and that the condominium market has been depressed for at least ten years.
Commissioner Sprague asked if the proposed amendment would affect the fee structure
on the lots, if there would be a downgrade to a lower fee. Mr. McCunsey gave a brief
accounting '.of the fee structure of developed lots and stated that they would be the same
no matter what size house was built.
Commissioner Tavorn referred to a letter he received from a Mrs. Horton, who
suggested allowing higher roof lines on Lots 32 and 37. Mr. McCunsey replied that he
was limited,by previous approval to 8 and 12-pitch roof on the proposed houses. Mr.
Tavorn indicated that he has received several letters opposing this project and asked if
the community had been canvassed for their opinion. Mr. Mortimer replied that the
minutes of the Homeowner's Association are published and accessible, that residents of
the area are invited to attend meetings and encouraged to provide input. Mr. Tavorn
expressed his support of the project but recommended that the builder contact those
persons whO had expressed their dissatisfaction in writing.
Chairman T_kac expressed his sympathy and understanding for Mr. Robertson's
situation, but that he, like Commissioner Brady, thought homes were preferable over
vacant Iots.i
A motion was made by Commissioner Kemper, seconded by Commissioner, Boyle, to
make findings and adopt attached resolution Exhibit C, approving the revised final
development plan as described in the staff report. Motion carried.
PUBLIC HEARINGS - EXTENSIONS OF TIME
1) VESTING TENTATIVE PARCEL MAP 10313 (Castle & Cooke)
Located on ,the southweSt corner of Ming Avenue and Gosford ROad. Consisting of two
parcels on 30.62 acres, zoned R-2 (Limited Multiple Family Dwelling). {Continued from
the regular meeting of July 2 1998.) (Categorically exempt)
Minutes, PC, 8/20/98 Page 5
A staff report was given; staff recommends approval with conditions.
The public hear ng portion of this item was opened; no one spoke in opposition.
Mr. Roger Mclntosh,~ representing Castle & Cooke, noted a number of concerns and
reiterated the applicant's position. He requested an extension of time without the
conditions that would result in additional or increased fees, and pointed out that
imposition of such.fees is justified only if a situation or condition existed that endangered
the public welfare.
The public hearing portion of this item was closed.
CommissiOner Brady asked staff what findings would the Commission have to make in
order to deny the extension. Ms. Eng replied that in order to impose a condition, the
Commission would have to find that a dangerous situation would or did exist. Mr. Brady
asked if the applicant would agree to the condition regarding the sewer cam; Mr.
Mclntosh stated that the applicant would not agree to any new conditions beyond those
in effect at the time of the application. Mr. Brady asked Public Works for comment
regarding the necessity of the sewer cam to detect raw sewage seepage and other
significant health hazards. Mr. LaRochelle replied that it was, that it was a mechanism
to both ensure that a sewer line has been properly constructed and to detect faults that
might result in hazardous conditions.
Mr. Brady asked staff if there were reliable evidence that the failure to impose the sewer
fees would so impact the general fund to prevent the City from providing fire or police
protection for this immediate area. Staff replied that there was not. Mr. Brady indicated
his approval of granting the extension of time as requested by the applicant, stating that
there was insufficient evidence to justify imposition of additional sewer impact fees.
Commissioner Boyle asked if staff believed that the memo from Mr. LaRochelle qualified
as substantial evidence of a potentially dangerous situation as required by code. Staff
replied thatlthe determination of whether or not the memo constituted substantial
evidence was up to the Commission to decide. There followed a brief discussion
between staff and various commissioners as to the definition of "substantial evidence"
without a firm agreement on what the term would cover. Mr. Boyle indicated that based
on the information he had available, he would be inclined to agree with Mr. Brady, that
while the City at large might suffer an impact, no evidence existed that the area of the
project would be specifically affected.
Commissioner Tavorn stated that given the amount of the shortfall quoted by staff (in
excess of $400,000) perhaps more evidence could have been provided. Conceding that
funds would be required from somewhere to provide services for the 800+ people that
would inhabit this project, he nonetheless felt uneasy with the apparent conflict with
vesting rights and how this would affect future similar situations. He suggested that the
matter be referred to City Council for determination and advisement.
Commissioner Dhanens referred to an earlier Castle and Cooke project, Campus Park,
where the extension of time was approved with an additional sewer fee,- and asked Mr.
Minutes, PC, 8/20/98
Page 6
Mclntosh if that issue had'been contested at the City Council level. Mr. Mclntosh said
..that-the extension of. time for-a recorded final vesting.map, had .been granted.with a
condition Of increased fees; that decision was appealed and overturned by the City
Council.
CommissiOner Tavorn asked that since the issue was now before the Urban Committee,
shoUld any.decision be made matter prior to the Committee's resolution. Staff replied
that its intent was to maintain consistency until such a resolution was forthcoming.
Mr. Mclntosh stated that the Urban Development Committee had reviewed the matter,
recommending agreement-to one-year extensions of time upon request. Mr. Grady
indicated that he had been present at the meeting and that the issue involved extensions
of vesting rights for recorded maps, not tentative maps.
Commissioner Dhanens indicated his agreement with Commissioners Brady and Boyle.
Commissidner Sprague asked Mr. Mclntosh if construction of the subdivision would
likelY take place within the one-year extension of time. Mr. Mclntosh replied that site
planning was underway, but could not give a clear date when construction would be
scheduled. Mr. Sprague indicated his agreement with Commissioners Brady, Boyle, and
Dhanens.
Commissioner Brady suggested this item be continued until the City could meet its
burden of evidence.
Commissioner Boyle asked how many times a developer could ask for an extension of a
vesting parCel map under the present statute; staff replied that the existing ordinance
provided for up to five one,year extensions of time.
A motion was made by Commissioner Brady, seconded by Commissioner Kemper, to
approve a One-year extension' of time for vesting tentative Parcel Map 10313 to expire
June 19, 1999 with findings and conditions set forth in the attached resolution Exhibit A
with the deletion of Condition 9 on Exhibit 1. Motion carried.
2) REVISED VESTING TENTATIVE TRACT 5290 (Castle & Cooke)
Located onithe 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). (Continued from regular meeting of July 2, 1998.) (Negative Declaration
on file)
A staff report was given; staff recommends 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 the issues affecting this item
were virtually the same as those of Parcel Map 10313, and asked for approval of the
extension of time with the deletion of Conditions 1, 8, and the condition affecting traffic
fees.
Minutes, PC, 8~20~98 Page 7
The public hearing portion of this item was closed.
Commissioner Brady referred to his previous discussion involving the sewer cam
(Condition 8) and stated there was sufficient evidence that failure to implement this
condition Would result in a danger to the local community, and insufficient evidence to
warrant imposing Condition 1.
A motion was made by Commissioner Brady, seconded by Commissioner Boyle, to
approve a one-year extension of time for vesting Tentative Tract 5290 revised to expire
May 15, 1999 with findings and conditions set forth in the attached resolution Exhibit A
with the deletion of Public Works Condition 1 set forth in Exhibit 1. Motion carried.
3) VESTING TENTATIVE TRACT 5596 (Porter-Robertson)
Located at the northeast corner of Hageman Road and Verdugo Lane. Consisting of
133 lots on40.4 acres, zoned R-1 (One Family Dwelling). (Negative Declaration on file)
See Consent Agenda.
4) REVISED VESTING TENTATIVE TRACT 5489 (Martin-Mclntosh)
Located at the northeast corner of Brimhall Road and Old Farm Road. Consisting of 98
lots on 58.13 acres, zoned E (Estate, One Family Dwelling). (Negative Declaration on
file)
A staff report was given; staff recommends approval with conditions.
The public hearing portion of the item was opened; no one spoke in opposition.
Mr. Roger Mclntosh, representing the applicant, gave a brief status report of the project
as well as various communications with City government agencies. There was a
disagreement over applicant's rights to an automatic three-year extension under State
law, and Mr. Mclntosh indicated that the applicant wished to retain the rights to pursue
same. He Stated that as in previous items, the applicant did not agree with the
increased sewer connection fees and traffic fees.
The public hearing portion of this item was closed.
Commissioner Kemper stated that this project was apparently moving along at a brisk
pace, that she would support deletion and alterations of the conditions as requested.
Commissioner Brady agreed with Ms. Kemper regarding Condition 1; however,
regarding the sew cam he asked Mr. Mclntosh provide a statement that the applicant
agreed with the earlier testimony regarding the need for the sewer cam. Mr. Mclntosh
agreed to do so; Mr. Brady stated that there was substantial evidence that failure to
impose this condition would present a danger to the immediate community.
Commissioner Dhanens referred to a letter from Roger Mclntosh and asked if the
Commissions approval of a one-year extension would affect what may or may not
happen with the three-year extension; staff replied that they had no knowledge of the
Minutes, PC, 8~20~98 Page 8
letter or its contents and could not respond. Mr. Mclntosh gave a brief overview of the
letter,.which,covered statues regarding.extensions.of.time.automatically granted when
governing bodies imposed certain requirements upon certain projects developers. Staff
agreed that the Commission's decision to grant a one-year extension would in no way
affect the applicant's right to the three-year automatic extension should the conditions for
same be met. Mr. Dhanens expressed his agreement to delete Condition 1 of Exhibit 1,
and also agreed with Commissioner Brady regarding the necessity of the sewer cam.
A motion was made by Commissioner Boyle, seconded by Commissioner Kemper, to
approve a one-year extension of time for the revised tentative vesting Tract 5489 to
expire June 19, 1999 with findings and conditions set forth in attached resolution with
the exception of Item 1 of Exhibit 1. Motion carried.
5) VESTING TENTATIVE TRACT 5658 (Smithtech USA)
Located atthe north side of Hageman Road between Nan Street and Brittany
Street. Consisting of 274 lots on 80.72 acres, zoned R-1 (One Family Dwelling).
(Negative Declaration on file)
See Consent Agenda.
6) TENTATIVE TRACT 5696 (Wells Fargo Bank, N.A.)
Located at: the easterly extension of Highland Knolls Drive, east of Littler Court.
Consisting of 20 lots on 7.19 acres, zoned R-1 (One Family Dwelling). (Negative
Declaration on file)
Commissioner Sprague declared a conflict of interest on this item.
A staff report was given; staff recommends 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.
A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz, to
approVe aone-year extension of time for tentative Tract 5696 to expire July 14, 1999
with findings and conditions set forth in the attached resolution Exhibit A with a
modification to Exhibit 1, Item 5b to read Highway 178. Motion carried.
PUBLIC HEARINGS - VESTING TENTATIVE PARCEL MAPS/ZONE CHANGE
1) VESTING TENTATIVE PARCEL MAP 10522 (Martin-Mclntosh)
Located generally between the Kern River and Stockdale Highway, west of Buena Vista
Road consisting of ten parcels zoned C-2 (Regional Commercial) and C-O (Commercial
& Professional Office) on 116 acres and request to waive mineral right signatures
pursuant t° Bakersfield Municipal Code Section 16.20.060 B1. (Negative Declaration on
file)
Minutes, PCi 8~20~98
Page 9
commissioners Boyle and Dhanens declared a conflict of interest on this item.
^ staff report was given; staff recommends approval with conditions.
The public hearing portion of this item was opened. ·
Ms. Terry Bjorn of Clifford and Brown, representing Caprock Five, Delago Development,
and M.B.D.S., requested that the'Planning Commission consider a continuance on this
matter. Ms. Bjorn gave a brief overview of the history of the relationship between her
clients and the applicant, beginning with a right of first refusal granted by Castle and
Cooke in aPproximately December of 1996. When the right of first refusal was triggered
by a land exchange between the City of Bakersfield and Castle and Cooke, Ms. Bjorn's
clients learned that a number of entitlements had already been processed; of particular
concern was Plan Amendment P97-0643 which was adopted in May 1998.
Ms. Bjorn stated that she did not believe the Commission was a suitable forum for
debating the issues in the resulting lawsuit regarding the validity of her clients' right of
first refusal; however, she did believe the Commission could properly answer some of
the questions she had regarding P97-0643 before action was taken on the Parcel Map.
Ms. Bjorn Went into a detailed explanation of her understanding of the land exchange, its
value to the parties involved, and the planning agencies and issues involved in this
matter. DoCuments were distributed to Commissioners and staff, which included a
number of questions to which MS. Bjorn requested a response.
'Ms. Bjorn pointed out that their approval of this item was based on previous actions the
validity of which was being challenged, and requested a continuance until the matter
could be resolved.
Mr. Bruce Baretta, MB.D.S.L.L.C., expressed support of a continuance of this item.
Mr. Roger Mclntosh, representing Castle and Cooke, gave a brief history of the
relationship between the City and Castle and Cooke regarding the Parcel 1. He stated
that the firSt right of refusal covers only the area outside of the 100-foot strip in question,
notthe striP itself, and that the applicant intended to complete the exchange with the
City. He eXpressed agreement with the conditions of approval as listed and asked that
the request for continuance be denied.
Mr. Dan Grimes, Director of Facilities for C.S.U.B, voiced the University's support for this
item.
Mr. Mark Jbnes, Jones and Beardsley, representing Castle and Cooke, responded to
Ms. Bjorn's assertion of her clients' right of first refusal, and gave a brief explanation of
the status of the disagreement. He also questioned the propriety of raising this issue
before the Commission at this time, and suggested that the motive of Ms. Bjorn's clients'
objections was based on economic competition. Mr. Jones urged the Commission to
evaluate and approve the request on its own merits.
The publicihearing portion of this item was closed.
Minutes, PC, 8~20~98
Page 10
CommissiOner Brady asked when the general plan amendment that created the land
-exchange.took.place....Staff~replied_that.it..concluded in January.1998,_and the
amendment changed the land use designation of the property from OC to OS-P, though
the zoning remains office commercial. Mr. Brady asked Ms. Bjorn if any answer to her
complaint had been filed; she replied that none had. He asked if a judgment would cure
the suit; Ms. Bjorn indicated the matter was more complex than that. Mr. Brady asked if
the suit enabled the plaintiff to request a temporary restraining order and preliminary
injunction during the course of the litigation; Ms. Bjorn declined to answer since she was
not a litigator, referring Mr, Brady to other attorneys in her firm.
CommissiOner Brady stated he felt uncomfortable addressing the questions raised by
Ms. Bjorn Since he believed the Commission did not provide the proper forum for
adjudicating those issues. Ms. Bjorn stressed that her clients have not determined
whether or not they are in favor of the item before the Commission since a great many
questions remain to be answered. Commissioner Brady indicated he was unwilling to
suspend action on this item for the purposes of a pending lawsuit since the process of
litigation would clarify the status of the property in question regardless of actions of
various governing agencies.
Ms. Bjorn asked for copies of the conditions of approval to determine if her clients' rights
were threatened, stating that her clients felt a continuance was a reasonable mechanism
to give her blients time to decide if they do or do not oppose this item.
Commissioner Brady asked counsel whether or not this matter affected the
Commission's ability to proceed with approval of this item; staff replied that there was
nothing in the Subdivision Map Act, no legal reason, that would prevent the approval of a
map based on the right of first refusal. Mr. Brady asked staff if the conditions of approval
had been made available to Ms. Bjorn and her clients; staff replied that the conditions of
approval were delivered to her office approximately August 13. Ms. Bjorn acknoWledged
receipt of those conditions, but indicated that there were apparently additions to the
original list that she had not reviewed. Staff gave her a copy of the revised conditions of
approval.
Commissioner Brady again expressed reluctance to postpone this item and voiced his
support that the Commission render their decision, based on available information.
Commissioner Sprague asked Mr. Baretta if he had a first right of refusal on the parcel in
question aS opposed to an option. Mr. Baretta did not answer the question directly,
explaining briefly the specifics of the property (29 acres) in question and how the lawsuit
came about. - Mr. Sprague asked if the property in question was recorded as a specific
legal parcel? of 29 acres; Mr. Baretta replied he was not certain if it was referred to as a
parcel, but that it was set out in meets and bounds in a. legal description. Roger
Mclntosh confirmed that his office prepared the meets and bounds description and that it
had been recorded. Mr. Sprague recommended continuance of this item.
Commissioners Ortiz and Tavorn agreed with Mr. Sprague that this item should be
continued.
Minutes, PC, 8~20~98 Page 11
Commissi0ner,Kemper..agreed.with Mr: .Brady,..that whatever-the-result, of the. court.
action the parcel in question be developed as a park. She indicated she would be willing
to move on this matter now.
Mr. Roger Mclntosh indicated that construction currently underway is not on an open-
space buffer or easement; that approval of the tentative parcel map did not change
anything, that there are conditions that must go forward before a final parcel map can be
recorded. Mr. Mclntosh indicted that the applicant would rather the tentative parcel map
be denied than continued.
Commissioner Sprague referred to an earlier question regarding a 10-foot versus a 30-
foot buffer for pedestrian right of ways, and asked staff to clarify. Mr. Grady replied that
research indicated that there were no such 30-foot buffers were in the City. Mr. Grady
also stressed that his office had never refused to respond to enquiries made by Ms.
Bjorn, only~that the operative procedures differed when a lawsuit Was involved.
A motion was made by Commissioner Sprague, seconded by Commissioner Ortiz, to
continue this item. The motion did not carry.
A second motion was made by Commissioner Sprague, seconded by Commissioner
Ortiz, to continue this item. The motion did not carry.
A motion Was made by Commissioner Brady, seconded by Commissioner Kemper, to
approve and adopt the negative declaration and to approve proposed vesting tentative
Parcel MaP 10522 with findings and conditions set forth in the attached resolution
Exhibit A a~nd including the Planning Director's memorandum of August 19, 1998 and the
August 20~ 1998 memorandum from Jack LaRochelle. The motion did not carry; no
action was :taken.
a) VESTING TENTATIVE PARCEL MAP 10552 (DeWalt Corporation)
Located at the northwest corner of Coffee Road and Granite Falls Drive. Consisting of
six parcels on 21.71 acres for commercial development purposes, zoned C-2 (Regional
Commercial) and OS (Open Space). (Negative Declaration on file)
A staff repOrt was given; staff recommends approval with conditions.
The public hearing portion of this item was opened; no one spoke in opposition.
Mr. Jason Van Curen, representing the applicant, requested amendment to the following
conditions of approval: Amend Condition 3, and that Condition 5.1.2 be amended to
allow phased street improvements.
The public hearing portion of this item was closed.
Minutes, PC, 8~20~98 Page 12
Cemmissioner-Brady asked. Public. Works.to respond-to.the,request for..phased~street
improvements; Mr. Grady recommended that this condition remain intact. He also
indicated that Condition 5.3 should be deleted since it is in conflict with another.condition
(refer to memo dated August 13, 1998 for Condition 3).
Mr. Van Curen asked that a temporary drainage sump be allowed; Mr. LaRochelle stated
that he was extremely reluctant to sanction this request, adding that such temporary
sumps had a lengthy negative history. A brief discussion followed involving past
problems and measures the applicant proposed to take to avoid same.
A motion was made by Commissioner Boyle, seconded by Commissioner Kemper, to
approve and adopt the negative declaration, approve vesting tentative Parcel Map
10552 with findings and conditions set forth in the attached resolution, Exhibit A,
including the memorandum of August 13 from Jack LaRochelle with the following
changes: From Exhibit 1, Public Works Conditions, Item 5.3 will not be deleted; that
interim drainage facilities may be used with Phase I; that on the memorandum of August
13, 1998, Item 3, deleting the language, "interim drainage facilities will not be allowed;"
that curb and gutter and sidewalk will be installed in its entirety in such a manner to
ensure that all street drainage will flow to the existing sump site at Main Plaza and
Granite Falls, and that it be approved by the City Engineer. Motion carried.
b) ZONE CHANGE P98-0462 (DeWalt Corporation)
Located at {he northwest corner of Coffee Road and Granite Falls Drive. Consisting of a
change from C-2 (Regional Commercial) and OS (Open Space) zones to a P.C.D.
(Planned Commercial Development) zone on 21.71 acres for purposes of a phased
commercial:shopping center development, (Negative Declaration on file)
A staff report was given; staff recommends approval with conditions.
The public hearing portion of this item was opened; no one spoke in opposition.
Jason Van Curen, representing the applicant, requested site plan Conditions B.4 and 9
be deferredto Phase II of the project. There were also adjustments to tenant square
footage numbers.
Mr. Richard Rangel, architect for the project, confirmed the square footage adjustments
and urged approval of this item.
The public hearing portion of this item was closed.
Commissioner Boyle asked staff to comment on Mr. Van Curen's requests. Staff replied
that the adjusted square footage and block wall deferral were acceptable, but that the
landscape perimeter change was not.
Minutes, PC, 8~20~98
Page 13
.... Commissioner. Sprague. asked if-the area.underneath:the .P. iG.&E, tower, line.easement
would be used for parking. Mr. Jim Ward, architect, submitted a memo from P.G. and E.
indicating approval of the applicant's proposed use of the easement. Commissioner
Sprague asked if there wOuld be landscaping in the tower area; Mr. Ward replied that
there would, and pointed out on the map where the landscaping was currently proposed,
a hedge-tyPe material that would cover the fence.
CommisSioner Tavorn expressed concern about traffic conditions and asked that a
condition be added that prior to Phase II a traffic study be conducted to see if a
deceleration lane Would be warranted. Staff agreed with this request.
Commissi0ner-Sprague asked about bus access to the center. Commissioner Tavorn
stated that~he had spoken with G.E.T. representatives who indicated that G.E.T. has no
plans to initiate service in that area for five to ten years; no bus turnout would therefore
be required.
^ motion was made by Commissioner Boyle, seconded by Commissioner Tavorn, to
adopt the negative declaration and to approve the zone change P98-0462 except for the
portion of Zoned open space with findings and conditions set forth in the attached
resolution Exhibit A and recommend same to City Council with the following exceptions:
Development Services Planning Condition 4, that the solid masonry wall be required as
a portion of Phase II; that as part of the Public Works conditions that the traffic study for
- Phase II include a study on a deceleration lane on Granite Falls Road; and that in the
Development Services Planning Item 1 on allocation of building space that Building C
retail be reduced by approximately 2,000 square feet, and the bank building be
increased by approximately 2,000 square feet. Motion carried.
3) a)z
VESTING TENTATIVE PARCEL MAP 10557 (DeWalt
Corporation)
Located between Norris Road and Hageman Road and Coffee Road and Calloway
Drive; being a portion of Section 8 and 17, T.29S., R.27E., M.D.B.&M. Consisting of five
lots on 404 acres, zoned R-1 (One Family Dwelling), R-2 (Limited Multiple Family
Dwelling) and OS (Open Space). (Negative Declaration on file)
b) VESTING TENTATIVE PARCEL MAP ~0558 (DeWalt Corporation)
Located between Norris Road and Hageman Road and Coffee Road and Calloway
Drive; being a portion of Section 8 and 17, T.29S., R,27E., Consisting of three parcels
on 179 acres zoned R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling),
C-1 (Neighborhood Commercial) and OS (Open Space). (Negative Declaration on file)
A staff rePort was given; staff recommends approval with conditions.
The public hearing portion of this item was opened; no one spoke in opposition.
Minutes, PC, 8~20~98 Page 14
10.
· --Ms:-Cathy,Fri~,:-DeWalt--Corporafion, ,stated that-the applicant has reviewed.the ,.
conditions of approval and requested changes outlined and approved in memos from
Public Works and the Water Department dated August 17, 1998.
Mr. Paul Kay, Fruitvale Properties, stated that he has reviewed the conditions of
approval and found them acceptable.
The public hearing portion of this item was closed.
Commissioner Kemper expressed her approval of the project and commended the
applicant on their use of open space in their design.
A motion Was made by Commissioner Kemper, seconded by Commissioner Boyle, to
approve vesting tentative Parcel Map 10557 with findings and conditions set forth in the
attached resolution Exhibit A including the August 17, 1998 memos from Water and
Public Works. Motion carried.
A motion was made by Commissioner Kemper, seconded by Commissioner Boyle, to
approve vesting tentative Parcel Map 10558 with findings and conditions set forth in the
attached resolution Exhibit A including the August 17, 1998 memos from Water and
Public Works. Motion carried.
PUBLIC HEARING FOR VESTING TENTATIVE TRACT MAP
VESTING TENTATIVE TRACT MAP 5700 - REVISED (Porter-Robertson)
Located at the southwest corner of Harris Road and Summer Springs Drive; being a
portion of the southwest 1/4 of Section 22, Township 30 South, Range 27 East,
M.D.B.&M. ~Consisting of 106 lots for single family residential development on 23.66
acres on property zoned R-1 (One Family Dwelling) and a waiver of mineral rights
owners' signature in accordance with Bakersfield Municipal Code Section 16.20.060 B. 1.
(Negative Declaration on file)
See Consent Agenda.
PUBLIC HEARING - GENERAL PLAN AMENDMENT/CIRCULATION ELEMENT
AMENDMENT
GENERAL PLAN/CIRCULATION ELEMENT AMENDMENTS P98-0584. (City of
Bakersfield)
Located along "F" Street between California Avenue and Truxtun Avenue. To delete the
collector designation for "F" Street.
A staff report was given; staff recommends approval.
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 Dhanens, seconded by Commissioner Tavorn, to
adopt the resolution making findings as set forth in the staff report approving the
negative declaration and approving the requested general plan amendment to delete the
Minutes, PC, 8/20/98 Page 15
· collector designation for.FStreet.between California Avenue.and the. Burlington-Northern
Santa Fe railroad as shown on Exhibit A and recommend same to City Council. Motion
carried.
GENERAL PLAN CONSISTENCY FINDING-~
1) General plan consistency finding pursuant to Section 65402 of the Government
Code for vacation of "F" Street. (Categorically exempt)
See Consent Agenda.
12.
2)
3)
General plan consistency finding pursuant to Section 65402 of the Government
Code for acceptance of title to a 6,000 square foot parcel by the Central District
DeVelopment Agency. Located at 515 Kentucky Street, south side of Kentucky
Street between Kern Street and Tulare Street. (Categorically exempt)
See Consent Agenda.
General plan consistency finding pursuant to Section 65402 of the Government
Code for vacatior~ of excess right-of-way. A seven foot wide strip along the south
side of Panorama Drive and a seven foot wide strip along the north side of
Acacia Avenue adjacent to Greenlawn Cemetery (3700 River Boulevard).
(Categorically exempt)
See Consent Agenda.
4) General plan consistency finding pursuant to Section 65402 of the Government
Code for acquiSition of 15 acres on west side of Manor Street, south of the Kern
River. (Categorically exempt)
See Consent Agenda.
.COMMUNICATIONS
There were no written or verbal communications.
13.
14.
Pit
October 2, 1998
COMMISSION COMMENT-~
Commissioner Tavorn asked staff when the next Hillside Ordinance meeting was
scheduled; staff replied that the next meeting was scheduled for September 17, 1998 at
4 p.m. in the Development Services Building, 2nd floor conference room.
ADJOURNMENT
There being no further business to come before the Commission, meeting was
adjourned at 11:02 p.m.
Pam Townsend
Planning Director