HomeMy WebLinkAbout01/19/99 AGENDA
REGULAR MEETING' OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
Tuesday - January 19, 1999
12:15 p.m.
1. ROLL CALL
JEFFREY TKAC, Chairman
MICHAEL DHANENS, Vice-Chairman
STEPHEN BOYLE
MA THEW BRADY
MARTI MUNIS-KEMPER
ROBERT ORTIZ
WADE TA VORN
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.
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 STATEMENTS
ANY PERSON WHOSE NAME APPEARS ON THE AGENDA OR WISHES TO. SPEAK
REGARDING A PUBLIC HEARING NEED NOT FILL OUT A SPEAKER'S CARD. ALL
OTHERS WISHING TO SPEAK BEFORE THE COMMISSION MAY FILL OUT A
SPEAKER'S CARD AND PRESENT IT TO THE SECRETARY PRIOR TO
COMMENCEMENT OF THE MEETING.
NOTICE OF RIGHT TO APPEAL
Planning CommiSsion decisions on Zone Changes, Parcel Maps and Tentative
Subdivision maps are subject to appeal by any person aggrieved. No permit shall be
issued for any use involved in an application until after the final acceptance date of ·
appeal. ...
Such appeal must be filed in writing within 10 days from date of hearing, addressed to
the City Council, c/o Office of the City Clerk, 1501 Truxtun Avenue, Bakersfield, CA
93301. A $330 non-refundable filing fee must be included with filing of the initial appeal
for those appeals filed by the applicant or any person outside the notice area. All
appeals filed on land divisions will require a $330 non-refundable filing fee. If all appeals
are withdrawn prior to the City Council hearing, it will not be conducted and the decision '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withdrawn, the action of the Planning Commission shall become final.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, Tuesday - January 19, 1999
Page 2
CONSENT AGENDA ITEMS, (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.
EXTENSION OF TIME FOR VESTED RIGHTS ON A RECORDED MAP
4.1 .a)
b)
4.2)
4.3)
Tract 5426 Phase C (Martin-Mclntosh) .
A proposed one-year extension of rights vested upon recordation of Tract 5426 '
Phase C; located south of Stockdale Highway, west of Old River Road.
(Categorically Exempt)
Staff Recommendation:
Approve
Group vote
Tract 5426 Phase D (Martin-Mclntosh)
A proposed one-year extension of rights vested upon recordation of Tract 5426
Phase D, located south of Stockdale Highway, west of Old River Road.
(Categorically Exempt)
Staff Recommendation:
Approve
Group vote
Tract 5489 R Phase D (Martin-Mclntosh)
A proposed one-year extension of rights vested upon recordation of Tract 5489.
(Revised) Phase D, located east of Old Farm Road, north of Brimhall Road.'
(Categorically Exempt)
Staff Recommendation:
Approve
Group vote
Tract 5835 Phase B (Martin-Mclntosh)
A proposed one-year extension of rights vested upon recordation of Tract 5835
PhaSe B, located north of Harris Road, east of Spring Creek Loop.
(Categorically Exempt)
Staff Recommendation:
Approve
Group vote
Agenda, PC, Tuesday - January 19, 1999
Page 3
4.4)
4.5.a)
b)
c)
'd)
4.6.a)
Tract 5845 Phase C (Martin-Mclntosh)
A proposed one-year extension of rights vested upon recordation of Tract 5845'
Phase C, located north of Panama Lane, east of Reliance Drive.
(Categorically Exempt)
Staff Recommendation:
Group vote
Approve
Tract 5863 Phase A (Martin-Mclntosh)
A proposed one-year extension of rights vested upon recordation 0f Tract 5863
Phase A, located east of Buena Vista Road, south of Ming Avenue.
(Categorically Exempt)
Staff Recommendation:
Approve
Group vote
Tract 5863 Phase B (Martin-Mclntosh)
A proposed one-year extension of rights vested upon recordation of Tract 5863
phase B, located east of Buena Vista Road, south of Ming' Avenue.
(Categorically Exempt)
Staff Recommendation:
Approve
Group vote
Tract 5863 Phase E (Martin-Mclntosh)
A proposed one-year extension of rights vested upon recordation of Tract 5863
Phase E, located east of Buena Vista Road, south of Ming Avenue.
(Categorically Exempt).
Staff Recommendation: Approve
Group vote
Tract 5863 Phase F (Martin-Mclntosh) -
A proposed one-year extension of rights vested upon recordation of Tract 5863
Phase F, located east of Buena Vista Road, south of Ming Avenue.
(Categorically Exempt).
Staff Recommendation:
Approve
Group vote
Tract 5876 Phase A (Martin-Mclntosh)
A proposed one-year extension of rights vested upon recordation of Tract 5876'
Phase Al located west of Old River Road, approximately 1/4 mile north of Ming
Avenue. (Categorically Exempt)
Agenda, PC,.Tuesday-January19,1999 Page 4
staff Recommendation:
Approve
Group vote
b)
'Tract 6876 Phase B (Martin-Mclntosh)
A proposed one-year extension of rights vested upon recordation of Tract 5876
Phase B, located west of Old River Road, approximately 1/4 mile north of Ming
Avenue. (Categorically Exempt)
Staff Recommendation:
Approve
Groupvote
PUBLIC HEARINGS - EXTENSIONS OF TIME
5.1)
Vesting Tentative Parcel Map 10260 (Martin-Mclntosh)
Located on the north side of Panama Lane, on both sides of the Ashe Road
alignment, west of the Arvin-Edison Canal, consisting of 3 parcels on 62.71
acres, zoned R-2 (Limited Multiple Family Dwelling), R-3 (Limited Multiple Family
Dwelling) and C-2 (Regional Commercial). (Categorically Exempt)
Staff Recommendation:
Approve
Group vote
5.2)
Tentative Tract 5535 (Porter-Robertson)
Located on the west side of State Route 99 on both sides of Berkshire Road,
consisting of 216 lots on 57.67 acres, zoned R-1 (One Family Dwelling) and R-2
(Limited Multiple Family Dwelling). (Negative Declaration on file)
Staff Recommendation:
Approve
Group vote
PUBLIC HEARINGS - TENTATIVE PARCEL MAPS
6.1 .)
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) (Continued from January 7, 1999)
Staff Recommendation:
Approve
Group vote.
Agenda, PC, Tuesday - January 19, 1999
Page 5
6.2)
Tentative Parcel Ma_~ 10584 (Lars Andersen & Associates)
Located on the southeast corner of District Boulevard and GoSf0rd Road,
consisting of 3 lots on 12.54 acres on property zoned M-2-D(General '
Manufacturing) and a waiver of mineral rights owners' signature in accordance
with Bakersfield Municipal Code Section 16.20.060 B.I. (Categorically Exempt)
Staff Recommendation:
Approve
Group vote ..
PUBLIC HEARINGS- VESTING TENTATIVE TRACT MAPS
7.1)
Vesting Tentative Tract Map 5934 (SmithTech USA, Inc.)
Located on the west side of Buena Vista Road, north of the Kern River Canal,
consisting of 116 lots of 36.42 acres, zoned R-1 (One Family Dwelling) for single
family purposes and a request a waiver of mineral rights owners' signature in
accordance with Bakersfield Municipal Code Section 16.20.060 B.1. (Negative
Declaration on file)
Staff Recommendation:
Approve
Group vote
7.2)
Vesting Tentative Tract Map 5932 (SmithTech USA, Inc.)
Located on the south side of Noriega Road, west of Calloway Drive, consisting of
15 lots for'single family residential purposes and 2 lots for two churches on 20.16
acres, 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)
Staff Recommendation:
Oroup vote-
Approve
PUBLIC HEARING FOR Zone Change P98-0891 (SmithTech USA, Inc.)
Located on the south side of Noriega Road, west of Calloway Drive, requesting a
change from an R-1 (One Family Dwelling) zone to an R-1 Ch (One Family Dwelling-
Church) zone on Lot 1 of Vesting Tentative Tract Map 5932 containing 5.99 acres, and
Lot 17 of Vesting Tentative Tract Map 5932 containing 7.92 acres. (Negative
Declaration on file)
Staff Recommendation:
Approve
Roll call vote
Agenda, PC, Tuesday -January 19, 1999 Page 6.
Sm
10.
11.
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) (Continued from January 7, 1999)
Staff Recommendation:
Roll call vote.
COMMUNICATIONS
A) written
B) Verbal
COMMISSION COMMENTS
A) : Committees
ADJOURNMENT
Approve
~t
anua~J 8, 1999
Held:
Tuesday, January 19, 1999 -
12:15 p.m.
City Council Chamber, City Hall
1501 Truxtun Avenue
Bakersfield, California.
ROLL CALL
COMMISSIONERS:
Present:
JEFFREY TKAC, Chairperson
MICHAEL DHANENS, Vice Chairperson
MATHEW BRADY
MAR'FI MUNIS-KEMPER ·
Alternate: RON SPRAGUE
Absent:
STEPHEN BOYLE
ROBERT ORTIZ
WADE TAVORN
ADVISORY MEMBERS: Present:
STAFF:
CARL HERNANDEZ, Deputy City Attorney
DENNIS FIDLER, Building Director
MARIAN SHAW, Engineer IV
Presenh
STANLEY GRADY, Planning Director
JIM MOVIUS, Principal Planner
JENNIE ENG, Associate Planner
PAM TOWNSEND, Recording Secretary
PUBLIC STATEMENTS
None
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.
Minutes, PC, Tuesday, JanUary 19, 1999
Page 2
EXTENSIONS_OF TIME FOR VESTED RIGHTS ON A RECORDED MAP
Staff report given with recommendation for approval of a one year extension.
Commissioner Brady asked why this was before them again, to Which staff responded
that these were different maps, and the City Council previously gave direction as to hoW
to handle these in the future with respect to reevaluating costs associated with
extensions of time for vested rights and the Council's decision was to go ahead and
grant the one year extension.
Commissioner Kemper inquired how the City was figuring costs, to which staff reported
that they will be working with finance who is the one who makes the projections for the
sewer phase, and we will be working out a new schedule over the next several months
to take this kind of information into account. :
PUBLIC HEARINGS - EXTENSIONS OF TIMF
5.1 Vesting Tentative Parcel Map 10260 (Martin-Mclntosh)
Staff report given recommending a one year extenSion of time.
Item was moved to Thursday evening January 21, 1999.
5.2 Tentative Tract 5535 (Porter-Robertson)
Staff report given
Commissioner Brady inquired as to how close to the preferred alignment of the
south beltway the property falls, to which staff stated about ~ mile away.
Commissioner Sprague inquired of the provisions through the subdivision R-1
and R-2 for the Kern Island Canal for health, welfare and safety of those
developments and residents there when it is developed (i.e. fencing).
Planning Director Stanley Grady stated that there are provisions and they would
be outlined for Thursday's meeting.
Item moved to Thursday January 21, 1999.
PUBLIC HEARINGS - TENTATIVE PARCEL MAPR
6.1 Tentative Parcel Map 10581 (Porter-Robertson)
Commissioner Sprague declared a conflict of interest as he represents one of the
clients in this transaction.
Minutes, PC, Tuesday, January 19, 1999
Page 3
Staff repod given with recommendation for approval as amended by the
conditions and the Public Works memo.
Item moved to Thursday, January 21, 1999.
6.2 Tentative Parcel Map 10584 (Lars Andersen & Associates)
Staff report given with recommendation for approval with conditions as shown in
Resolution.
Commissioner Brady inquired as to what parcel the building was going to be
constructed on,. and staff responded they would verify for Thursday's meeting.
Commissioner Brady further stated he was interested in the distances between
the railroad crossing and the entrance on Gosford and whether that will be within
300 feet of the .crossing, and further expressed concern about line of sight
problems with respect to southbound traffic on Gosford making a left hand turn
into that with respect to traffic coming across the grate crossing and speeds. ·
Commissioner Dhanens inquired if the elimination of the south entrance into the
site from Gosford Road referred to the entrance that accesses Parcel C, to which
staff responded yes.
Staff stated they would reSearch Commissioner Dhanens concerns about what
provisions/requirements would be in place for the left turn access.
Item moved to Thursday, January 21, 1999.
PUBLIC HEARINGS - VESTING TENTATIVE TRACT MAPS
7.1 ' Vesting Tentative Tract Map 5934 (SmithTech USA, Inc.).
'Staff report'given, recommending approval with conditions as shoWn in Exhibit 1.
Commissioner Sprague inquired what type of material they intended to use, or
would recommend, for the 20 foot strip for secondary emergency and secondary
access.
Jim Shapazian, Fire Marshal, City of Bakersfield, responded that this is
temporary so generally they leave it to Public Works to determine the compaction
and material.
Commissioner Dhanens asked the definition of "temporary," to which staff
responded that it is only to accommodate this subdivision, and the next
subdivision that will come in would provide an opportunity for additional links
connecting the site, so the road would stay until further subdivision of the
property.
Minutes, PC, Tuesday, January 19, 1999
Page 4
=
10.
Commissioner Sprague questioned if the adjacent property was owned by the
same person, so as to avoid any objection to putting in some type of secondary
access.
Staff responded they would verify ownership.
Item moved until Thursday, January 21, 1999.
7.2
Vesting Tentative Tract Map 5932 (SmithTech USA, Inc.)
Commissioner Dhanens declared a conflict of interest.
Staff report given, recommending approval, With conditions as shown in the
ReSOlution.
Commissioner Sprague inquired as to any secondary access already
programmed in the area that connects into this road that goes through the
residential community, or if it was just Calloway coming in, and then a future
development off to that left hand side.
Staff responded that it was Calloway coming in with future development off t° the
· side.
Item moved until Thursday, January 21, 1999.
PUBLIC HEARING FOR ZONE CHANGE P98-0891
Commissioner Dhanen declared a conflict of interest on Agenda Item 8.
Staff report given, recommending approval with two conditions of approval as Shown in
the Resolution.
Item moved to Thursday, January 21, 1999.
PUBLIC HEARING - ORDINANCE AMENDMENT
Staff report given.
Item moved to Thursday, January 21, 1999.
COMMUNICATIONS
Staff reminded the Commission that they do have requests for consent items for all of
Agenda Items 4, 5, and 8, but because of the holiday, they were not able to place them
on the Monday Agenda. If they are to go on the consent, the Commission will have to
move to place them on the Consent Agenda at the beginning of the meeting On
Thursday. (For the issues just read today.)
Minutes, PC, Tuesday, january 19, 1999
Page 5
11.
12.
__COMMISSION cOMMENTS
Commissioner Sprague requested a copy of the Park Study from staff, and inquired of
City Attorney about any policies regarding speaking to the media prior to a decision
being made by the Planning Commission.
Mr. Hernandez responded that to his knowledge there was no such policy that is set
forth in the By-Laws '
Commissioner BradY thanked staff for their efforts to use the electronics to make the
presentation go smoother.
ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 1:08 p.m.
Pam Townsend, Recording Secretary
~.STANL ~,
March 4, 1999