HomeMy WebLinkAbout08/31/98Council Chamber, City Hall.
1. ROLL cAL~L
ALTERNATE:
AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE. CITY_ OF BAKERSFIELD
Monday - August 31, 1998.
12:15 p.m.
JEFFREY TKAC, Chairman
MICHAEL DHANENS, Vice-Chairman
STEPHEN BOYLE
MA THEW BRAD Y
MARTI MUNIS-KEMPER
ROBERT ORTIZ
WADE TA VORN
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.
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 for any use involved in an application until after the final acceptance date of
appeal. ~ ' -
Such appeal must be filed in writing within 10 days from date of hearing, addressed to
the City Council, c/o Office of the City Clerk, 1501 Truxtun Avenue, Bakersfield, CA
93301. A $330 non-refundable filing fee must be included With filing of the initial appeal
for those appeals filed by the applicant or any person outside the notice area. All
appeals filed on land divisions will require a $330 non-refundable filing fee. If all
appeals are withdrawn prior to the City Council hearing, it will not be conducted and the
decision of the Planning Commission will stand.
If no appeal is received within the specified time period or if all appeals filed are
withdrawn,-the action of the Planning Commission shall become final.
Agenda, PC, Mort'day -August 31, 1998
Page ?
-'CONSENTAGENDA ITEMR - (marked by asterisk (*) '
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 June 29, 19987 and July 2, 1998.
PUBLIC HEARING -SITE PLAN REVIEW (John-Wilson & Associates)
SITE pLAN REVIEW FILE NO P98-0558 - The applicant has appealed two conditions of
an approveid site Plan review for a used vehicle sales business. Specifically, the
applicant is; requesting deletion of compliance items D.7 and D.8 (requirement to form a
maintenance district for landscaping and pay applicable fees associated with the
formation of'that district, respectively), that the Public Works Department required for
project approval. Located at 3302 California Avenue.
STAFF RECOMMENDATION: Approve Appeal
GrOup vote.:
PUBLIC HEARINGS - EXTENSIONS OF TIMF
1)
VESTING TENTATIVE TRACT 5684 (Telstar Engineering)
Located south of Palm Avenue, approximately 660 feet east of Jewetta Avenue.
ConSisting of 36 lots on 20 acres, zoned E (Estate). (Negative Declaration on'
file)
STAFF RECOMMENDATION:' Approve with conditions
Group vote.
2) VESTING TENTATIVE TRACT 5688 (DeWalt Corporation)
Located on the north side of Harris Road between Stine Road and Ashe Road.
ConSisting of 371 lots on 80.64 acres, zoned R-1 (One Family Dwelling).
(Negative Declaration on file)
STAFF RECOMMENDATION: Approve with conditions
GrOup vote. ~
Agenda, PC, Monday. August'31, 1998
Page 3
. PUBLIC HEARING - TENTATIVE PARCEL MAP
TENTATIVE PARCEL MAP 10533 (Telstar Engineering)'
Located between Auburn Street and Highway 178, approximately % mile east of Fairfax
Road. COnsisting of 2 parcels on 8.15 acres, zoned C-2 (Regional Commercial) for
'purposes of a seniors independent living apartments. (Categorically exempt)
STAFF RECOMMENDATION: Approve with conditions
Group vote.
PUBLIC HEARING - TENTATIVE TRACT MAP
TENTATIVE TRACT MAP 5924 (Cornerstone Engineering)
Located a{ the northeast corner of Oswell Street and East Brundage Lane; being a
portion of the southwest 1/4 of Section 35, Township 29 South, Range 28 East
M.D.B.&Mi Consisting of 35 lots on 8.68 acres, zoned R-1 (One Family Dwelling) and a
waiver of mineral rights owner's signatures pursuant to BMC Section 16.20.060 B.2.
(Negative Declaration on file)
STAFF RECOMMENDATION: Approve with conditions
G~;oup vote.
PUBLIC HEARINGS - ORDINANCE AMENDMENTR
1) P98-0441 - Ordinance amending the Bakersfield Municipal Code by adding
Chapter 17.66 relating to hillside development, and defining standards for a
Hillside Development (HD) zoning district in those areas that have natural slopes
exceeding eight (8) percent located primarily in northeast part of the City of
Bakersfield. (Negative Declaration on file)
STAFF RECOMMENDATION:
R°ll call vote.
Approve
2)
Ordinance amending Title 17 of the Bakersfield Municipal Code, Chapter 17.57,
concerning use of metal storage containers. The proposed revisions include
language to allow additional storage containers for a temporary period during the
holiday season, and to clarify sections of the basic regulations. (Categorically
exempt)
STAFF RECOMMENDATION:
Roll call vOte:
Approve
._Agenda, PC, Monday.. August 31, 1998
Page,I
3)
Ordinance amending Title 17 of the Bakersfield Municipal Code, Chapter 17.60,
Sign Regulations. The propoSed amendments include increasing the freeway
oriented sign area along Pierce Road, modifying the'area of real estate, future
use and construction signs so that they are consistent with each other, clarifying
sections concerning pylon sign prohibitions, and making minor corrections
regarding section number and zone references. (Categorically exempt)
STAFF RECOMMENDATION:
Approve
Roll call vOte.
4) Ordinance-amending Title 17 of the Bakersfield Municipal Code, Section
17.10.020_,' proposing to add to the list of permitted accessory uses in residential
zones with limitations, the use of ramps, 'platforms and other similar structures
for'tiding skateboards, rollerblades and cycles. (Categorically exempt)
STAFF RECOMMENDATION:
Roll call vOte.
Approve
1¸0.
SELECTION AND DESIGNATION OF REDEVELOPMENT PROJECT ARE~
BOUNDARIES AND PRELIMINARY PLAN APPROVAl.
1) Consideration of a resolution of the Bakersfield Planning Commission selecting
and :designating the boundaries of the proposed Old Town Kern-Pioneer Project
Area; and approving and adopting a Preliminary Plan formulated for the
redevelopment of said area.
STAFF RECOMMENDATION: Adopt resolution selecting and designating the
boundaries of the proposed Old Town Kern-Pioneer Redevelopment Project Area, and
approving and adopting a preliminary plan formulated for the redevelopment of said
area. ~
Group vote.
2) ConSideration of a resolution of the Bakersfield Planning Commission selecting
and designating the boundaries of the proposed Southeast Bakersfield
'Redevelopment Project Area; and approving and adopting a Preliminary Plan
formulated for the redevelopment of said area.
STAFF RECOMMENDATION: Adopt resolution selecting and designating the
boundaries of the proposed Southeast Bakersfield Redevelopment Project Area,' and
approving and adopting a preliminary plan formulated for the redevelopment of said
area. ~
Group vote~
Agenda, pC, MOr;day- August 31, 1998
Page
11.
GENERAL' PLAN CONSISTENCY FINDINGR
· 1) General plan consistency finding pursuant to Section 65402 of the Government
Code for vacation of superseded road right-of-way on Coffee Road, southerly of
Rosedale Highway, requested by Public Works Department. (CategoriCally
exempt)
STAFF RECOMMENDATION:
Make finding
Group vote.
12,
13,
2) General plan consistency finding pursuant to Section 65402 of the Government
Code for vacation of pedestrian walkway easement extending between El Toro
Drive to Wayside Alley, in Tract 1470, requested by the Public Works
Department. (Categorically exempt)
STAFF RECOMMENDATION: Make finding
Group vote.
MOTION TO RECONSIDER AND POSSIBLE ACTION ON THE DEADLOCKEi-J
MOTIONS ON VESTING TENTATIVE PARCEL MAP 1052_~=
COMMUNICATIONR
A) Written
B) Verbal
14. COMMISSION COMMENTS
A) Committees-
15. ADJOURNMENT
August 25, 1998
pjt
Planning Director J ' I
MINUTES OF THE REGULAR MEETING
OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
· Held August 31, 1998, 12:15 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.
MARTI MUNIS-KEMPER
ROBERT ORTIZ
RON SPRAGUE
Absent:
WADE TAVORN
ADVISORY MEMBERS:
Present:
CARL HERNANDEZ, Deputy City Attorney
.DENNIS FIDLER, Building Director
MARIAN SHAW, Engineer IV
STAFF:
Present:
MARC GAUTHIER, Principal Planner
JENNIE ENG, Associate Planner
PAM TOWNSEND, Recording Secretary
PUBLIC STATEMENTS
None
The Chairman read the notiCe of right to appeal as set forth on the agenda.
CONSENT CALENDAR
None
Minutes, PC, 8/3!/98 Page ?
APPROVAL OF MINUTE.~
'
Approval of minutes of the regular meetings held June 29, 1998 and July 2, 1998.
item was moved to September 3, 1998.
This
PUBLIC HEARING - SITE PLAN REVIEW (John Wilson & Associates)
SITE PLAN REVIEW FILE NO P98-0558 - The applicant has appealed two conditions of
an approved site plan review for a used vehicle sales business. Specifically, the-
applicant is requesting deletion of compliance items D.7 and D.8 (requirement to form a
maintenance district for landscaping and pay applicable fees associated with the
formation of that district, respectively), that the Public Works Department required for
project approval. Located at 3302 California Avenue.
A staff report was given, staff recommends approval of appeal.
This item was moved to September 3, 1998.
PUBLIC HEARINGS - EXTENSIONS OF TIMF
1) VESTING TENTATIVE TRACT 5684 (Telstar Engineering)
Located soUth Of Palm Avenue, approximately 660 feet east of Jewetta Avenue.
ConSisting of 36 lots on 20. acres, zoned E (Estate). (Negative Declaration on file)
A staff report was given; staff recommends approval with conditions.
Commissioner Kemper asked if the developer had agreed to an increase in the sewer
fee to the current schedule; staff replied that the developer's engineer has requested
that that condition be struck. Mr. Brady asked if Public Works planned a renewed effort
to support the condition. Ms. Shaw replied that additional information was being
researched.; and that Telstar Engineering had also requested that there be no increase
in the regional transportation impact fees.
This item was moved to September 3, 1998.
'2) VESTING TENTATIVE TRACT 5688 (DeWalt Corporation)
Located on the north side of Harris Road between Stine Road and Ashe Road.
Consisting of 371 lots on 80.64 acres, zoned R-1 (One Family Dwelling). (Negative
Declaration.on file)
A staff report was given; staff recommends approval with conditions.
Commissioner Kemper asked for clarification regarding sewer'and transportation fees on
this item. Ms. Shaw replied that the fees on this tract would be addressed as the same
on the earlier tract, that no additional regional impact fees would be.required beyond
Phase I and local mitigation.
This item was moved to September 3, 1998.
Minutes, PC, 8/31/98
Pag® 3
o
PUBLIC HEARING - TENTATIVE PARCEL MAP
TENTATIVE PARCEL MAP 10533 (Telstar Engineering)
Located betWeen Auburn Street and Highway 178, approximately % mile east of Fairfax
Road. ConSisting of 2 parcels on 8.15 acres, zoned C-2 (Regional Commercial) for
purposes of a seniors independent living apartments. (Categorically exempt)
A staff report was given; staff recommends approval with conditions.
This item was moved to September 3, 1998.
PUBLIC HEARING.- TENTATIVE TRACT MAP
TENTATIVE TRACT MAP 5924 (Cornerstone Engineering)
Locaied atthe northeast corner of Oswell Street and East Brundage Lane; being a
portion of the southwest 1/4 of Section 35, Township 29 South, Range 28 East
M.D.B.&M. iConsisting of 35 lots on 8.68 acres, zoned R-1 (One Family Dwelling) and a
waiver of mineral rights owner's signatures pursuant to BMC Section 16.20.060 B.2.
(Negative Declaration on file)
A staff report was given; staff recommends approval with conditions.
This item was moved to September 3, 1998.
PUBLIC HEARINGS - ORDINANCE AMENDMENTS
1) P98-0441 - Ordinance amending the Bakersfield Municipal Code by adding
Chapter 17.66 relating to hillside development, and defining standards for a
Hillside Development (HD) zoning district in those areas that have natural slopes
exceeding eight (8) percent located primarily in northeast part of the City of
Bakersfield. (Negative Declaration on file)
A staff report was given; staff recommends approval.
Commissioner Boyle asked to identify the areas in brown; staff replied that they were
individual parcel designations.
Commissioner Kemper asked if the information she had requested regarding grade and
slope requirements would be available by Thursday evening; staff replied that it would.
Commissioner Sprague stated that he may have a possible conflict of interest on this
item and would consUlt with Mr. Hernandez for clarification prior to the meeting of
September 3, 1998.
This item was moved to September 3, 1998.
Minutes, PC, 8131/98 Page 4
10.
2) Ordinance amending Title 17 of the Bakersfield Municipal Code, Chapter 17.57,
. _ _ i .... concerning use-of-metal storage containers. _T~he proposed revisions include
language to allow additional storage containers for a temporary period during the
holiday season, and to clarify sections of the basic regulations. (Categorically
exempt)
A staff report was given; staff recommends approval.
This item was moved to September 3, 1998.
3)
Ordinance amending Title 17 of the Bakersfield Municipal Code, Chapter 17.60,
Sign Regulations. The proposed amendments include increasing the freeway
oriehted sign area along Pierce Road, modifying the area of real estate, future
use and construction signs so that they are consistent with each other, clarifying
sections concerning pylon sign prohibitions, and making minor corrections
regarding section number and zone references. (Categorically exempt)
A staff report was given; staff recommends approval.
Commissioner Sprague referred to existing signs on Highway 178 at Alfred Harrell
Highway and past the intersection of Highway 184 and Niles that were permitted, and
asked staff if the ordinance change would affect them; staff replied that it would not.
This item Was moved to September 3, 1998.
4) Ordinance amending Title 17 of the Bakersfield Municipal Code, Section
17.~0.020, proposing to add to the list of permitted accessory uses in residential
zones with limitations, the use of ramps, platforms and other similar structures for
riding skateboards, rollerblades and cycles. (Categorically exempt)
A staff repOrt was given; staff recommends approval.
Commissioner Boyle asked if the City had any plans to include in any of its parks areas
for skateboarders. Staff replied that they were not aware of any, but would research the
matter and reply at the regular meeting of September 3, 1998.
This item was moved to September 3, 1998.
SELECTION AND DESIGNATION OF REDEVELOPMENT PROJECT AREA .
BOUNDARIES AND PRELIMINARY PLAN APPROVAL
1) Consideration of a resolution of the Bakersfield Planning Commission selecting
and designating the boundaries of the proposed Old Town Kern-Pioneer Project
Area; and apProving and adopting a Preliminary Plan formulated for the
redevelopment of said area.
Staff replied that a full presentation would be given at the September 3, 1998 regular
meeting. ~
This item was moved to September 3, 1998.
Minutes, PC, 8/31/98
Page
11.
12.
· 2) ...... Consideration. of a.r. esolution.of, the Bakersfield Planning Commission selecting
and designating the boundaries of the proposed Southeast Bakersfield
Redevelopment Project Area; and approving and adopting a Preliminary Plan
formulated for the redevelopment of said area.
Staff replied that a full presentation would be given at the September 3, 1998 regular
meeting.
This item was moved to September 3, 1998.
GENERAL PLAN CONSISTENCY FINDINGS
1)
General plan consistency finding pursuant to Section 65402 of the Government
Code for vacation of superseded road right-of-way on Coffee Road, southerly of
Rosedale Highway, requested by Public Works Department. (Categorically
exempt)
A staff report was given; staff recommends make finding.
This item Was moved to September 3, 1998.
2) General plan consistency finding pursuant to Section 65402 of the Government
Code for vacation of pedestrian walkway easement extending between El Toro
Drive to Wayside Alley, in Tract 1470, requested by the Public Works
Department. (Categorically exempt)
A staff rep°rt was given; staff recommends make finding.
Commissioner Brady asked what use was proposed for the easement, whether it would
be fenced, returned to the adjacent owners, etc. Staff replied that in such matters the
property usually returns to the property owners. Mr. Brady asked if the owners had been
notified; staff replied that it would confirm that they had and report back on September 3,
1998.
Commissioner Sprague suggested that the property owners be asked if they are willing
to take the property back since fence lines would likely change and costs would be
incurred.
This item was moved to September 3, 1998.
MOTION TO RECONSIDER AND POSSIBLE ACTION ON THE DEADLOCKED
MOTIONS ON VESTING TENTATIVE PARCEL MAP 10522.
Commissioners Boyle and Dhanens declared a conflict of interest on this item.
Mr. Hernandez stated that this item would be removed from the agenda since the failed
motion was in effect a denial of the map, but reserved the right to bring it back before the
Planning Commission.
Minutes, PC, 8/31/98
Page 6
Commissioner Sprague asked why an opinion was solicited from the City Council, which
should:be-definite, and,then~reser:ve_the right.to.bring.it.back_to the Planning
Commission. Staff replied that they had only reserved the right if the applicant failed to
appeal to the City Council.
13.
COMMUNICATIONS
14.
There were no written or verbal communications.
COMMISSION COMMENTS
None
15. ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 1:15 p.m.
pjt
October 1, 1998
Pam Townsend
Recording Secretary
STANLEY GRADY, Secretary
Planning Director