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HomeMy WebLinkAbout01/04/99 AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall Monday - January 4, 1999 12:15 p.m. 1. ROLL CALL ALTERNATE: JEFFREY TKAC, Chairman MICHAEL DHANENS, Vice-Chairman STEPHEN BOYLE MA THEW BRADY 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. A 2. PUBLIC STATEMENTS ANY PERSON WHOSE NAME APPEARS ON THE AGENDA OR WISHESTO 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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, Monday - January 4, 1999 Page 2 3 ........ CONSENT AGENDA ITEMS ~ (markedby 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. 1) Agenda Item 13 - Consistency Finding - Vacation of Alley APPROVAL OF MINUTES Approval of minutes of the regular meetings held November 5, 1998, November 16, 1998 and November 19, 1998. PUBLIC HEARING ON THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH BELTWAY TRANSPORTATION CORRIDOR ALIGNMENT/FREEWAY - (Continued from December 17, 1998) STAFF RECOMMENDATION: Adopt resolution making findings and recommend certification of the Final EIR to the City Council. Roll call vote. PUBLIC HEARING - General Plan Amendment File No. P98-0760 - Kern COG, County of Kern and City of Bakersfield has proposed an amendment to Circulation Element of the Metropolitan Bakersfield 2010 General Plan adopting both the South Beltway Transportation Corridor alignment and the specific plan line between Interstate · 5 and State Route 58, a distance of*approximately 26 miles, transversing central Kern County and the southern portion of the City of Bakersfield. (Continued from December 17, 1998) STAFF RECOMMENDATION: Approve with mitigation Roll call vote. PUBLIC HEARING - ADMINISTRATIVE REVIEW (Marino Associates) Administrative Review (P98-0944) to consider modification to the preliminary development plans of P.C.D. (Planned Commercial Development) Zone Change P98- 0506 (Derrel's Mini-Storage) for the purpose of amending, approved wall and building design located south of Stockdale Highway, west of the Kern River bridge. (Categorically exempt) Agenda, PC, Monday - January 4, 1999 · Page 3 10. .... STAFF., RECOMMENDATION :. ~Approve Group vote. PUBLIC HEARINGS - EXTENSIONS OF TIME 8.1) Revised Tentative Tract 5001 (Telstar Engineering, Inc.) Located on the north side of Hosking Road, east of South "H" Street consisting of 136 lots on 40 acres, zoned R-1 (One Family Dwelling). (Categorically exempt) (Continued from meeting of November 19, 1998) STAFF RECOMMENDATION: Approve Group vote. 8.2) Revised Tentative Tract 5327(Genevieve Myers) Located on the north side of Hosking Road about 1/4 mile east of South "H" Street consisting of 93 lots on 20 acres, zoned R-1 (One Family Dwelling). (Categorically exempt) STAFF RECOMMENDATION: Approve Group vote. PUBLIC HEARING - TENTATIVE PARCEL MAP 10581 (Porter-Robertson) Located on the east side of State Route 184 (aka Kern Canyon Road) between State Route 178 and Mesa Marin Drive, consisting of 5 parcels on 21.27 acres for purposes of commercial development, zoned C-1 (Neighborhood Commercial); and a 65.37 acre designated remainder zoned R-1 (One Family Dwelling); and a request to waive mineral right owner's signatures in accordance with Bakersfield Municipal Code Section 16.20.060 1. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Group vote. PUBLIC HEARINGS - VESTING TENTATIVE TRACT MAPS lO.1) Vestincj Tentative Tract Map 5920 (SmithTech USA Inc.) Located on the north side of Olive Drive, between Coffee Road and RiverLakes Drive (extended) consisting of 235 lots on 63.13 acres for single family residential purposes, zoned R-1 (One Family Dwelling) and OS (Open Space) zones, and a waiver of mineral rights signatures pursuant to BMC 16.20.060 B.I. Applicant is also requesting a modification to allow reduced lot depth on one lot. (Negative Declaration on file.) (Continued from November 19, 1998) STAFF RECOMMENDATION: Approve Group vote. Agenda, PC, Monday - January 4, 1999 Page 4 10.2) Vesting Tentative Tract Map 5923 (Porter-Robertson) ..... ... _ Located at the southern terminus of Mesa Marin Drive, approximately one quarter mile east of State Route 184 (aka Kern Canyon Road), and about three- quarters mile south of State Route 178 consisting of 152 parcels on 44.45 acres for purposes of single family residential development zoned R-1 (One Family Dwelling), and a request to waive mineral right owner's signatures in accordance with Bakersfield Municipal Code Section 16.20.060 I. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Group vote. 11. PUBLIC HEARING - ZONE CHANGE P98-0851 (James Stockton) Located on the west side of Rich Springs Court consisting of a change from R-S-lA (Residential Suburban, one-acre minimum lot size) zone to an E-10 (Estate - 10,000 square foot minimum) zone. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Roll call vote. 12. PUBLIC HEARING - ORDINANCE AMENDMENT (City of Bakersfield) Amendments to the text of the Bakersfield Municipal Code Chapter 16.52 regarding appeal filings for subdivision maps and extensions of time for subdivisions. (Categorically exempt) STAFF RECOMMENDATION: Approve Roll call vote. 13. 14. General Plan Consistency Finding pursuant to Government Code Section 65402 for vacation of the alley east of Manitou Way, nOrth of Wilford Court in Tract 4264. (Categorically exempt) STAFF RECOMMENDATION: Make finding GrouP vote. COMMUNICATIONS 15. Written Verbal COMMISSION COMMENTS 16. A) Committees ADJOURNMENT ~tecernber 21; 1998 ry Planning Director Held Monday, January 4, 1999 City Council Chamber, City Hall 1501 Truxtun Avenue Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Presenh 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: Presenh STANLEY GRADY, Planning Director MARC GAUTHIER, Principal Planner JIM MOVIUS, Principal Planner JENNIE ENG, Associate Planner PAM TOWNSEND, Recording Secretary 2. PUBLIC STATEMENTS None Minutes, PC, Monday, January 4, 1999 Parle 2 CONSENT.AGENDA .ITEMS 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. 1) Agenda Item 13 - Consistency Finding - Vacation of Alley Mr. Grady reported that there are letters from the applicant agreeing to conditions and requested that the following items be placed on Consent Agenda for Thursday: Items 8.1, 8.2, 10.1 and 11. APPROVAL OF MINUTES These will be acted upon on Thursday, January 7, 1999. PUBLIC HEARING ON THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH BELTWAY TRANSPORTATION CORRIDOR ALIGNMENT/FREEWAY - (Continued from December 17, 1998) Commissioner Boyle declared a conflict of interest on this item. Staff report was 'given; staff recommends to adopt the resolution making findings and recOmmend certification of the Final EIR to the City Council. Commissioner Brady voiced objection about changing the route at this time without giving proper notice to property owners. Mr. Grady responded by saying that all the property owners in the area were notified. Commissioner Brady said they were notified about the preferred alignment but not the proposed change: Mr. Hernandez stated that CEQA does not require individual notices but we did that as a courtesy and they have the opportunity to come forward and express their opinion. He also stated that in order for the document to be recirculated, the Planning Commission would have to make a finding that there was a substantial change which creates a "significant new impact" that has not already been studied. The consultant has stated that the proposed change in the alignment is not creating any new significant environmental impacts that needs-to be studied. Therefore, the existing EIR is adequate to cover the proposed change that the Planning Commission asked be considered. Commissioner Brady stated his objection to that statement as he feels that residents along the new alignment might have some concerns that were not expressed in the original alignment. He feels that it is inappropriate to come to the conclusion that there are no potential environmental concerns when we've not given anyone - the State, any other agency, the property owners or anyone the opportunity to comment on that particular alignment as an option and will not support an environmental document for a Minutes, PC, Monday, January 4, 1999 Page 3 .proposedfreeway alignment.when that proposed alignment was not even considered at the time the comment period was opened. Mr. Grady stated that there will be additional noticing when this matter is sent to the City Council and everyone will receive the map that identifies the potential alternatives because we could not know ahead of time which one the COmmission might be recommending to the City Council. If the Commission stays with the proposed alignment, this discussion is moot. If the Commission picks something different, then staff might have to reconsider. Commissioner Dhanens questioned staff about a memo dated January 7 in which the new Curnow Road alternative is being discussed and it is noted that this alternative appears to preclude a Taft Highway to Highway 99 interchange. Commissioner Dhanens asked that if by Thursday if it could be determined whether or not that is in fact the case or is that yet to be determined through some additional engineering studies? Mr. Gauthier responded by saying that he would try to get a response by Thursday from Public Works whether or not you coUld have both interchanges. Commissioner Kemper stated that staff might consider closing the interchange at Taft Highway since it will be a frontage road. Commissioner Kemper asked if the public that received public hearing notices also received a map of the proposed alignments. Mr. Gauthier responded in the affirmative. Commissioner Brady asked that if the County voted for the preferred route what happens when it goes to the City. Mr. Gauthier said unless it was a major change from what we recommended - nothing. But if there is a significant change, then it would have to come back through the Planning Commission. Right now that doesn't seem to be the case. Commissioner Brady mentioned that one of the issues raised at the last public hearing. by Public Works was movement of traffic from the potential residents between Panama and Taft Highway and that whole area and his concern was that it would be inflicting harm upon the existing transportation system specifically White Lane and Panama if they took that out. He asked if there was going to be some response in the EIR from Public Works. Mr. Gauthier said that the Planning Commission is just making a recommendation and that Public Works would make those comments at the City Council if the Planning Commission picked an alternative different from the preferred alignment. The Public Works Department will be making a hard argument at the City Council meeting to come back to the preferred alternative. That is still staff's recommendation. Same reasoning, nothing has changed. Mr. Brady asked for another presentation by Public Works about what their concern is and what kind of congestion problems we are talking about if we don't go with the preferred route. Minutes, PC, Monday, January 4, 1999 Page 4 _Commissioner Sprague mentioned that he had a concern all along about whether or not there will be an interchange'on Highway 99. Mr. Gauthier said that no matter which alternative is picked, there will be a direct connection interchange on Highway 99. Commissioner Sprague said that he would like to see a bigger blow up of what each alternative interchange would look like. Ms. Shaw stated that an interchange design is not ready to be performed yet. Public Works just has the generalized design criteria presented to the Planning Commission in the past. She stated that if you don't have spacing of at least a mile, then your weaving sections and your on ramps will not work for two interchanges that close. Commissioner Sprague stated that he wanted just a generalized look at the exchange in relation to each one of the alignments, not a design concept. Something generally that would work so that they would have a more focused target area in that 99 corridor as it crosses an alignment. Ms. Shaw stated that she would see what she could work up. Commissioner Sprague stated that they should also make sure the mineral rights holders are also notified about the public hearing, not just property owners. Commissioner Kemper asked if the Planning Commission approved the Curnow Road alignment and then it eventually went to the City Council and staff still recommended the preferred route if members of the Commission could speak as members of the public and pitch Curnow Road? Mr. Grady said that the Planning Commission's recommendation would be part of the record that goes to the City Council and when it arrives at the City Council it will arrive with the Planning Commission recommendation. The discussion will indicate staff's position in respect to' the alignment alternatives. PUBLIC HEARING - General Plan Amendment file No. P98-0760 - Kern COG County of Kern and City of Bakersfield Staff Report given. This item will be heard on Thursday night. PUBLIC HEARING - ADMINISTRATIVE REVIEW (Marino Associates) Staff report given, requesting the Planning Commission find that this amendment is substantially in conformance with the Preliminary Development Plans. Item to be heard on Thursday night. Minutes, PC, Monday, January 4, 1999 Page 5 10. . PUBLIC HEARING - EXTENSIONS OF TIME 8.1 Revised Tentative Tract 5001 (Telstar Engineering, Inc.) Staff report given, recommending an extension of time of one year with the conditions attached to the Resolution. Commissioner Ortiz questioned if this would be on Consent because he thought that it was unusual for that individual because he gets very argumentative at the Planning Commission. Ms. Eng replied that the applicant requested it. Item moved to Thursday night. 8.2 Revised Tentative Tract 5327 (Genevieve MYers) Staff Report given, recommending approval of a one year extension of time. Item moved to Thursday night. PUBLIC HEARING -TENTATIVE PARCEL MAP 10581 (Porter-Robertson) Commissioner Sprague stated that he has a conflict of interest on Item numbers 9 and 10.2. Staff report given, recommending approval with conditions as shown in the resolution. Item moved to Thursday night. PUBLIC HEARINGS - VESTING TENTATIVE TRACT MAPS 10.1 Vesting Tentative Tract Map 5920 (SmithTech USA, Inc.) Staff report given. Item moved to Thursday night. 10.2 Vestincj Tentative Tract Map 5923 (Porter-Robertson) Commissioner Sprague declared a conflict of interest on this item. Staff report given, recommending approval with conditions of approval attached in the resolution. Commissioner Dhanens inquired if there would be a circulation route along that section line, or if there were would be another development that would back up to this. Minutes, PC, Monday, January 4, 1999 Page 6 11. 12. 13. 14. Ms. Eng responded that the area that is to the east and south is in the Breckenridge Hills Specific Plan area that's been adopted by the County, and includes'circulation, and there's a collector street that connects to this subdivision, but there would be local street Connection. Commissioner Dhanens further inquired if the proposed park site was part of this application to which Ms. Eng stated no. Item moved to Thursday night. PUBLIC HEARING - ZONE CHANGE P98-0851 (JAMES STOCKTON) Staff report given, recommending approval of the zone change. Ms. Eng responded to Commissioner Sprague's question regarding fire hydrants by stating they would have to check with the Fire Department. Item moved to Thursday night. PUBLIC HEARING - ORDINANCE AMENDMENT (City of Bakersfield) Amendments to the text of the Bakersfield Municipal Code Chapter 16.52 regarding appeal filings for subdivision map~ and extensions of time for subdivisions. Staff report given, recommending approval. Item moved to Thursday night. GENERAL PLAN CONSISTENCY FINDING pursuant to Government Code Section 65402 for vacation of the alley east of Manitou Way, north of Wilford Court in Tract 4264. Staff report given. Commissioner Brady inquired about plans for the property owners to re-fence. Staff responded that the property owners are proposing that this be retained as a private alley, and they are going'to be gating the ends. They will be required to form a homeowner's association for the maintenance of that alley, and the Fire Department is aware of this plan. The Fire Department has requested a fire easement be maintained over this alley, and also that they place a condition on the minimum width of any gate that would be placed. Item moved to Thursday night. COMMUNICATIONS None. Minutes, PC, Monday, January 4, 1999 * Page 7 15. - 16. COMMISSION COMMENTS Commissioner Kemper inquired about getting a date set for a meeting with the new Parks Committee to which Chairman Tkac responded that they will be calling to set that meeting up. .. Commissioner SpragUe.requested copy of the report regarding parks from staff. ADJOURNMENT There being 'no further business to come before the Commission, the meeting was adjourned at 1:34 p.m. Pam Townsend, Recording Secretary Planning Director ~. February 16, 1999