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Home My WebLink About02/01/99 AGENDA REGULAR MEETING OF THE 'PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall 1. ROLL CALL Monday- February 1, 1999 12:15 p.m. JEFFREY TKAC, Chairman MICHAEL DHANENS, Vice-Chairman STEPHEN B 0 YL E MA THEW BRAD Y 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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, Monday - February 1, 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. APPROVAL OF MINUTES Approval of minutes of the regular meetings held December 14, 1998 and December 17, 1998. COMPREHENSIVE SIGN PLAN P98-0997 (Architectural Design and Signs) for the Grand Canal commercial center located at 7025 South "H" Street. (Categorically exempt) STAFF RE(~OMMENDATION: Approve in modified form GroUp vote. PUBLIC HEARINGS - EXTENSIONS OF TIME 6.1) Tentative' Tract 5456 (Smithtech/USA) Located on the south side of Harris Road and east of Akers Road, south and east of Challenger Park, consisting of 103 lots on 24 acres, zoned R-1 (One Family Dwelling). (Negative Declaration on file) STAFF RECOMMENDATION: Approve Group vote. 6.2) Tentative Tract 5632 (Wilson & Associates, Inc.) Located on the west side of Wible Road approximately 1/4 mile south of McKee Road consisting of 211 lots on 50 acres, zoned R-1 (One Family Dwelling). (Negative Declaration on file) STAFF RECOMMENDATION: Approve Group vote. Agenda, PC, Monday - February 1, 1999 Page 3 PUBLIC HEARINGS - VESTING TENTATIVE TRACT MAPS 7.1) Revised Vestinq Tentative Tract 5827 (Martin-Mclntosh) Located on the east side of Jewetta Avenue, north of the Kern River Freeway Specific Line; consisting of 179 lots for single family residential purposes on 60.29 acres, zoned R-1 (One Family Dwelling); a request to allow deviations from standard regarding double frontage lots, maximum block length, and reduction in the special setback from agricultural zones; and waiver of mineral rights signatures Pursuant to BMC 16.20.060 B.1. (Negative Declaration on file.) STAFF RECOMMENDATION: Approve Group vote. 7.2) Vesting Tentative Tract Map 5933 (Martin-Mclntosh). Located at the north side of Hosking Road, west of Wible Road, consisting of 86 residential lots on 19.87 acres, zoned R-1 (One Family Dwelling), and a modification of lot width and depth adjacent to A (Agriculture) zoned property. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Group vote. 7.3) 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) (Continued from January 21, 1999) STAFF RECOMMENDATION: Approve *Group.vote 7.4) 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) (Continued from January 21, 1999) Staff Recommendation: Approve Group vote Agenda, PC, Monday - February 1, 1999 Page 4 PUBLIC HEARING - ZONE CHANGE P98-0946 (D.eWalt Corp) Located on the south side of Ship Rock Drive, between 8413 and 8417 Ship Rock Drive, requesting a change in the zone on 3,500 square feet from OS (Open Space) to an R-1 (One Family Dwelling) zone. (Categorically exempt) STAFF RECOMMENDATION: Approve Roll call 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) (Continued from January 21, 1999) STAFF RECOMMENDATION: Group vOte. t0. COMMUNICATIONS 11. Approve 12. Written Verbal COMMISSION COMMENTS A) Committees . ADJOURNMENT upjt anuary 22, 1999 Held Monday, February 1, 1999 City Council Chamber, City Hall 1501 Truxtun Avenue Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: JEFFREY TKAC, Chairperson MICHAEL DHANENS, Vice Chairperson MATHEW BRADY MARTI MUNIS-KEMPER ROBERT ORTIZ Alternate:. RON SPRAGUE Absent: STEPHEN BOYLE WADE TAVORN ADVISORY MEMBERS: Present: CARL HERNANDEZ, Deputy City Attorney DENNIS FIDLER, Building Director MARIAN SHAW, Engineer IV STAFF: Present: STANLEY GRADY, Planning Director JIM EGGERT, Principal Planner JIM MOVIUS, Principal Planner MIKE LEE, Associate Planner PAM TOWNSEND, Recording Secretary 2. PUBLIC STATEMENTS None 3. 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, Monda¥, February 1, 1999 Page 2 ........ Mr,Grady_reported there, ar.e_two..requests.-.Agenda Item numbers 6._1._.and 8 ..... APPROVAL OF MINUTES This will be heard on Thursday evening. COMPREHENSIVE SIGN PLAN P98-0997 (ArchitectUral DeSign and Signs) Staff report was giVen. Commissioner Dhanens requested color exhibits for this plan. He further questioned whether a tenant building facing Highway 99 would have wall signage in addition to their sign being on a free standing pillar, to which staff confirmed stating the pillars take away · from the front of the building. This item will be heard on Thursday, February 4, 1999. PUBLIC HEARINGS - EXTENSIONS OF TIME 6.1) Tentative Tract5456 (SmithTech/USA) Staff report was given, recommending approval with no changes or conditionS. This item will be heard on Thursday, February 4, 1999. 6.2) Tentative Tract 5632 (Wilson & Associates, Inc.) Staff report was given, recommending approval with no changes or conditions. On February 1, 1999, at 12:27 staff received a request for Consent Agenda. Commissioner Sprague requested comment from staff on Notice of ViolatiOn as to the recording of the Parcel Map which violated the Subdivision MaP Act, and ~inquired whether there was a new map. Staff responded that this map would take care of that. This item will be heard on Thursday, February 4, 1999. PUBLIC HEARINGS - VESTING TENTATIVE TRACT MAps 7.1) Revised Vestinq Tentative Tract 6827 (Martin-Mclntosh) Staff report was given, recommending approval with conditions. Commissioner Sprague questioned staff about item number 8 in the Exhibit regarding the drilling of a water well which may be dedicated or purchased by the City, and whether there is something in writing about whether it Will be dedicated and there will be credits for the well, or if the City will purchase the site and Minutes, PC, Monday, February 1, 1999 Page 3 actuallydrill the well., He further questioned if there were water fees to the Bakersfield Water Resources in regards to this subdivision. Staff stated that the Water Resources Department will res pond to the question. This item will be heard on Thursday, February 4, 1999. 7.2) Vestinq Tentative Tract MaD 5933 (Martin-Mclntosh) Staff report given, recommending approval with conditions. 7.3) Commissioner Sprague questioned if the purpose of this is to Vest the map, to which staff reported that it is currently approximately a 20 acre parcel, and if it is approved they 'are vesting the tract. Commissioner Sprague also made reference to Page 2 of the staff report which states that the preferred alignment is allocated and since the tract map is going through the alignment would the City be open for a potential lawsuit? Staff responded that in order for the City to construct in this area the City would have to acquire the property in the same fashion that they do in any building any other public works projection (i.e., acquisition, negotiation and perhaps condemnation). Commissioner Sprague commented the value of the property goes up with the vesting of the map, because they have to buy it at fair market value on the vested ba~sis, to which staff confirmed assuming the alignment goes in at that location. Commissioner Sprague expressed his concern with the liability of the City for the citizens. This item will be heard on Thursday, February 4, 1999. Vesting Tentative Tract Map 5934 (SmithTech USA, Inc.) Staff report was given. CommisSioner Dhanens inquired how far from Flood Zone A the tentative tract is located, to' which staff responded that the third phase of the map is within the limits of current Flood Zone ^. 7.4) This item will be heard on Thursday, February 4, 1999. Vesting Tentative Tract MaD 5932 (SmithTech USA, Inc.) Commissioner Dhanens declared a conflict of interest on item numbers 7.4 and 8 as they are adjacent to or within the RiverLakes Ranch project. Staff rePort was given. This item will be heard on Thursday, February 4, 1999. Minutes, PC, Monday, February 1, t999 · Page 4 10. 11. PUBLIC HEARING - ZONE CHANGE P98-0946 (DeWalt Corp) Staff report given, Commissioner Sprague questioned the water well location, and inquired if the well has been abandoned, and asked if they should be concerned with building a building on top of an abandoned water well. Staff ~responded they can check with Water· Resource regarding its IOcati°n and abandonment. ~. .This item will be heard on Thursday, February 4, 1999. PUBLIC HEARING -TENTATIVE PARCEL MAP 10581 (Porter-Robertson) Commissioner Sprague declared a conflict of interest as he represents a client in this transaction. ·. -- Staff report was given. commissioner Dhanens questioned the basis for the additional arguments presented by Porter-Robertson'.s office regarding the phasing. Staff responded that Mr. Bergquist's proposal reasons that Parcel 1 (Phase I) should not have to pay any additional money towards the improvement of Kern Canyon Road baSed on analysis for trips for this commercial parcel. It is very hard to find any lower "generator" in town, so effectively he has said that he does not generate very many trips, and therefore, he shouldn't have to pay for any improvements along 184. This item will be'heard on Thursday, February 4, 1999. COMMUNICATIONS Mr. Hernandez introduced the new City Attorney, Mr. Bart Thiltgen. COMMISSION COMMENTS Commissioner Kemper inquired as to the status of the Committee to discussion? Mr. Hernandez responded that there was an issue of standing committees and commissioner's ability to attend committees of which they are not a member. A workshop to be held at the February 18, 1999 was planned. Minutes, PC, Monday, February 1, 1999 Page 5 12. ADJOURNMENT There being no further business to come before the COmmission, the meeting was adjourned at 1:02 p.m. March 15, 1999 Pam Townsend, Recording Secretary Planning Director \ ' · '