HomeMy WebLinkAbout03/18/99AGENDA
REGULAR MEETING OF THE
...... PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
1. ROLL CALL
ALTERNATE:
Thursday- March 1'8, 1999
5:30 p.m.
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. A
final agenda may be obtained from the Planning Department 72 hours, prior to the meeting.
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are withdrawn prior to the City Council hearing, it will not be conducted and the decision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withdrawn, the action of the Planning Commission shall become final.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, Thursday - March 18, 1999 Page 2
CONSENTAGENDAI-TEMS.- (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.
1) A~jenda Item 6 - Wall and Landscape Concept Plan No. P99-0090
2). Ac~enda Item 8.4 - General Plan Amendment P98-0990
APPROVAL OF MINUTES
APproval of minutes of the regular meetings held January '19 and January 21, 1999.
WORKSHOP - Economic and Community Development Department - Transmittal
of Draft Redevelopment Plans for the Old Town Kern-Pioneer Redevelopment
Project area and Southeast Bakersfield Redevelopment Project area for upcomin;I
requests for findings of consistency with ~leneral plan and recommendations to
the Central District Development A~_ency and City_ Council.
PUBLIC HEARING - Wall and Landscape Concept Plan No. P99-0090 -'ReVised
Vestin~l Tentative Tract 5667 - Ralph Adame. A proposed Wall and Landscape
Concept Plan for Revised Vesting Tentative Tract 5667 requesting a deviation from the
wall and landscape policy. (Categorically exempt)
Staff Recommendation: Approve
Group vote.
PUBLIC HEARING - Amendment to the Comprehensive Sion Plan for Valley Plaza
Mall No. P97-0627 - MCG Architects. The proposed change will add the Pacific
Theatre building as an addendum to the plan, and permit the theater to have a sign that
is incorporated into an architectural feature that extends above the roof line of the
building located at 2701 Ming Avenue. (Categorically exempt)
Staff ReCommendation: Approve
GroUp vote:
PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS.
ORDINANCE AMENDMENTS, CIRCULATION, KERN RIVER PLAN AND PARKS
ELEMENTS:
Agenda, PC, Thursday - March 18, 1999
Page 3
8,1) ......... Amendment.to the, Metropolitan., Bakersfield .2OI.0 ..General Plan Parks
Element - City of Bakersfield to increase the minimum size of neighborhood
parks to 10 acres from the existing standard of 6 acres loCated city-wide.
(Categorically exempt)
Staff Recommendation: Approve
Roll call vote.
8.2a)
General Plan Amendment P98-0749 - Kern County Superintendent of
Schools requesting to amend the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan from LI (Light Industrial) to MUC (Mixed Use
Commercial) on 15 acres located between 21st Street and 24th Street, east of
"R" Street and west of the Kern Island Canal, (Negative Declaration on file)
Staff Recommendation: Approve with conditions
Roll call vote.
8.2b)
Zone Change P98-0749 - Kern County Superintendent of Schools requesting
a zone change from M-1 (Light Manufacturing) to CC (Commercial Center) on 15
acres located between 21st Street and 24th Street, east of "R" Street and west of
the Kern Island Canal. (Negative Declaration on file)
Staff Recommendation: Approve with conditions
-Roll call vote,
8.3a)
General Plan Amendment P98-0976 - Kenneth F. Cooper requesting to
amend the Land Use Element and Kern River Plan Element of the Metropolitan
Bakersfield 2010 General Plan as follows: Land Use Element Amendment from
OS (Open Space) to OC (Office Commercial) on 3.40 acres; Kern River Plan
Element Amendment from 8.5 (Resource Management) to 6.25 (Office
Commercial) on 3.40 acres located on the north side of Stockdale Highway, west
of the Arvin-EdiSon Canal. (Negative Declaration on file)
Staff Recommendation: Approve
Roll call vote.
8.3b)
Zone Change No. P98-0976 - Kenneth F. Cooper requesting a zone change
from A (Agriculture) to C-O (Commercial & Professional Office) on 3.40 acres
located on the north side of Stockdale Highway, west of the Arvin-Edison Canal.
(Negative Declarationon file).
- Staff Recommendation: Approve
Roll call vOte.
Agenda, PC, Thursday - March 18, 1999
Page 4
8.4)
8.5a)
8.5b)
8.6)
8.7)
General Plan Amendment P98-0990 - Castle and Cooke, Inc. *requesting an
amendment to the Land Use Element of the Metropolitan Bakersfield 2010
General Plan changing the land use designatiOn from OS-P (Open Space-Parks)
to LR (Low Density Residential) on 10.00.acres located approximately 1,400 feet
west of Buena Vista Road along the south side of Ming Avenue (extended), and
from LMR (Low Medium Density Residential) to OS-P (Open Space-Parks) on
10.00 acres located approximately 1,800 feet west of Buena Vista Road along
the north side of Ming Avenue (extended). (Negative Declaration on file)
Staff Recommendation: Denial
Roll Call vote.
General Plan Amendment P98-0991- SmithTechlUSA. Inc. requesting to
amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan
from MC (Major Commercial) to HR (High Density Residential) on 5.02 acres
located along the north side of Bernard Street approximately 1,000 feet west of
Oswell Street. (Negative Declaration on file)
Staff Recommendation: Approve
Roll call vote.
Zone Chan~le P98-0991 - SmithTechlUSA, Inc. requesting a change in the
zoning from R-1 CH (One Family Dwelling-Church) to PUD (Planned Unit
Development) on 5.02 acres located along the north side of Bernard Street
apprOximately 1,000 feet West of Oswell Street. The development will be a
senior citizen (Negative Declaration on file)
Staff Recommendation: Approve
Roll call vote.'
General Plan'Amendment P98-0960 - City of Bakersfield is requesting to
amend the Circulation Element of the Metropolitan Bakersfield 2010 General
Plan by eliminating the North-South collector segment between Panorama Drive
and Paladino Drive located about one-half mile west of Morning Drive, between
Panorama Drive on the south and Paladino Drive on the north. (Categorically
exempt)
Staff Recommendation: Approve
Roll call vote.
General Plan Amendment P98-0968 - Castle and Cooke, CA, Inc. is
requesting an amendment to the Circulation Element of the Metropolitan
Bakersfield 2010 General Plan deleting a "collector" street alignment along the
south side of Ming Avenue (extended) approximately 3,500 feet west of Buena
Agenda, PC, Thursday - March 18, 1999 Page 5
-Vista Road at the intersection of Ming Avenue and the Kern River Canal. The
segment to be deleted extends southwestward from Ming Avenue
(extended)/Kern River Canal intersection, a distance of approximately one-half
mile. (Negative Declaration on file).
Staff Recommendation:
Roll call vote.
Denial
8.8)
General Plan Amendment P99-0028 - City of Bakersfield is requesting an
amendment to the Circulation Element of the Metropolitan Bakersfield 2010
General Plan deleting a portion of Pacheco Road as a collector segment
between Gosford Road and Old River Road, (Negative Declaration on file)
Staff Recommendation: Approve with conditions
Roll call vote.
8.9a)
General Plan Amendment P99-0054 - Porter-Robertson Engineering is
requesting an amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan to increase the density requirements from 3.27 to
3.95 dwelling units per gross acre on 164.55 acres in the Polo Grounds
deVelopment area. The request is also to change the land use designation from
LR (Low Density Residential) to GC (General Commercial) on 1.25 acres located
generally south of Snow Road, between Calloway Drive and the Friant-Kern
Canal. (Negative Declaration on file)-
Staff Recommendation: Approve a portion of the request
Roll call vote.
8,9b)
Circulation Element Amendment P99-0054 - Porter-Robertson En~lineerin~
is requesting a change in the Circulation Element Amendment to relocate a
portion of the Norris Road alignment as a collector segment, located south of
Snow Road between Calloway Drive and the Friant-Kern Canal. (Negative
Declaration on file)
Staff RecOmmendation:
Roll call vote.
Denial
Agenda, PC, Thursday - March 18, 1999
Page 6
10.
11.
8.9c)
Zone Change P99-0054 - Porter-Robertson En~ineerinp is requesting a
change in the zoning from R-1 (One Family Dwelling) to R-1 CH(One Family
Dwelling-Church) on 10 acres and to C-1 (Neighborhood Commercial) on 1.25
acres located south of Snow Road between Calloway Drive and the Friant-Kern
Canal. (Negative Declaration on file)
Staff Recommendation: Approve a portion of the request
Roll call vote.
COMMUNICATIONS
A) Written
B) Verbal
COMMISSION COMMENTS
A) Committees
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE
NEXT PRE-MEETING.
12. ADJOURNMENT
March 15, 1999
Planning Director I '
Held
Thursday, -
March 18, 1999
5:30 p.m.
City Council Chamber, City Hall
1501 Truxtun Avenue
Bakersfield, California.
ROLL CALL
COMMISSIONERS:
Presenh
JEFFREY TKAC, Chairperson
MICHAEL DHANENS, Vice Chairperson
MATHEW BRADY
STEPHEN BOYLE
MARTI MUNIS-KEMPER
ROBERT ORTIZ
WADE TAVORN
Alternate: RON SPRAGUE
ADVISORY MEMBERS:
Presenh
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
JIM EGGERT, Principal Planner
PAM TOWNSEND, Recording Secretary
PUBLIC STATEMENTS
None
Chairman Tkac read the Notice of Right to Appeal
Commissioners Brady, Tavorn and Ortiz noted for the record that they listened to the
tape of the meeting held on Monday, March 15, 1999, and were prepared to participate
in tonight's meeting.
Minutes, PC, Thursday, March 18, 1999 Page 2
CONSENT AGENDA ITEMS
1) Agenda Item 6 -Wall and Landscape Concept Plan No. P99-0090
2) Aqenda Item 8.4 - General Plan Amendment P98-0990
commissioner Brady moved to approve the consent agenda, seconded by
Commissioner Dhanens. Motion carried
APPROVAL OF MINUTES
Of regular meetings held January 19th and January 21st 1999.
Commissioner Kemper moved to approve minutes as listed, seconded by Commissioner
Brady. Motion carried.
WORKSHOP - Economic and Community Development Department - Transmittal
of Draft Redevelopment Plans for the Old Town Kern-Pioneer Redevelopment
Project area and Southeast Bakersfield Redevelopment Project area for upcoming
requests for findings of consistency with general plan and recommendations to
the Central District Development Agency and City Council.
Staff report given.
Public portion of the hearing opened.
Donna Barnes with the Economic and Community Development Department, with Paul
Showalter with GRC Redevelopment Consulting who is doing redevelopment plans,
commented that they will make sure the redevelopment plan is consistent with the
General Plan and any amendments to the General Plan. They will make a
recommendation to the agency and council.
Public portion of the hearing closed.
Commissioner Boyle found no special exceptions for the redevelopment areas to
encourage Mixed Use type development and inquired if there should be anything in this
plan for that, to which Mr. Showalter responded that it encourages development to the
General Plan; it does not specifically encourage one type over another.
Commissioner Boyle commented that some of these areas may be appropriate for Mixed
Use and the General Plan may not allow for this, and inquired if it is appropriate to
include those type of incentives or wait until the time the projects are proposed and then
grant the appropriate exemption for a specific project, to which Mr. Showalter responded
that the authority to do that is in place in the plan and they want to give the commission
flexibility.
Minutes, PC, Thursday, March 18, 1999 Page 3
Commissione_r..Sprague questioned if the properties in the layouts .for the.redevelopment
map are currently zoned for industrial or commercial, or if the zoning is overlapping for
purposes of this plan, to which Mr. Showalter responded those are the general plan
maps for the City, and therefore are existing zonings, and the redevelopment plan would
not change anything within the General Plan.
Commissioner Sprague further inquired of the traffic and transportation study done, to
which Mr. Showalter responded that in the EIR prepared for these projects those issues
are addressed and are based on general plan build out.
Commissioner Boyle asked Mr. Grady if the City should be developing special
ordinances for these redevelopment areas that would encourage developers with greater
flexibility for development, to which Mr. Grady responded that the current redevelopment
plan is not intended to be that specific.
Wall and Landscape Concept Plan No. P99-0090 - Revised Vesting Tentative Tract
,5667 - Ralph Adame.
See consent agenda.
PUBLIC HEARING - Amendment to the Comprehensive Sign Plan for Valley Plaza
Mall No. P97-0627 - MCG Architects.
Staff report given.
Public portion of the hearing was opened. No one spoke in opposition.
Daryl Rheingans, General Manager for Valley Plaza, commented that the sign is
consistent with the staff's recommendation and recommend approval.
Commissioner Sprague asked staff if they have sent public hearing notices to people in
the circumference area, and if they have received any negative comments back to which
staff responded they sent notice, but received no negative comments.
Commissioner Dhanens moved to adopt the attached resolutions with all findings and
conditions approving the revised Comprehensive Sigh Plan Number P97-0627,
seconded by commissioner Ortiz. Motion carried.
8. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS,
ORDINANCE AMENDMENTS, CIRCULATION, KERN RIVER PLAN AND PARKS
ELEMENTS:
8.1)
Amendment to the Metropolitan Bakersfield 2010 General Plan Parks
Element - City of Bakersfield
Staff report was given.
Minutes, PC, Thursday, March 18, 1999 Page 4
Public portion of the hearing was opened. N° one spoke in oppOsition'°~-i~ '
favor.
Public portion of the hearing was closed.
Commissioner Sprague inquired if developers put in land as well as the
designated improvement for these parks, how does the developer get credited
back through park fees, and how long does it take to recapture that cost of
development, to which Mr. Doyle responded that the land acquisition is the
responsibility of the developer or the land can be dedicated. The development of
the park is paid for through the amount of permits gathered from the dwelling
units in the subdivision. That money goes into the City, and the City reimburses
the developer when the funds become available. If thero is not a build out, there
is not going to be sufficient money to reimburse the developer the total price of
developing the park. Normally, the City has 15 to 20 years to reimburse. If
within the 20 years there is not a total build out, essentially the developer does
not get reimbursed the total amount of money that it cost to develop the park. It
is usually more beneficial for the developer to develop the parks because the
increase in property value will be realized more quickly then if the City has to wait
until sufficient permits have been issued and the City has sufficient funds to
develop the park.
Commissioner Sprague requested a change regarding the Parks Director being
the sole decision maker on park locations and sizes so that the discretion is
given to the Planning Commission, because the Planning Commission is going to
have the site plan in front of them and are going to be able to determine where
the park should go to service that subdivision and be able to make a logical
choice as to what size park should go in that particular area, along with the
comments from Planning staff.
Commissioner Dhanens stated that the language in the March 19th memo is
similar to those included in many recommendations with respect to Public Works
and City Engineer in how they leave several of the technical items to the
agreement of the applicant and the City Engineer on roads and streets and traffic
and sewer. When subdivisions and maps are reviewed it is at a stage where
they may not be able to site that park, therefore, it would be premature at the
Planning Commission level to make that decision then and he would be in
support of the language as it is drafted in the memorandum.
Commissioner Brady commented that giving the discretion to the Park Director is
a compromise and is not something that you do off the cuff and does not think it
is appropriate that the Planning Commission gets involved unless there is
something that they can't resolve. He is comfortable with the language and
supports the memorandum.
Commissioner Boyle commented that the way the City looks and feels is the
responsibility of the Planning Commission and where the parks are constructed
and their size gives more appeal to a community than almost anything else under
Minutes, PC, Thursday, March 18, 1999 Page 5
........ our. jurisdiction...He, stated that. he.does not believe that.takes_away_fmm.StaftTs
expertise in giving information on how to design it, and there is some benefit to
having the Planning Commission taking a look at the issue of parks. He would
support Mr. Sprague's recommendation.
Commissioner Kemper commented that implementation measure 9,
"neighborhood parks may range in size from 6 to 10 acres at the discretion of the
Director of Recreation and Parks; reasons for a size less than 10 acres may
include master park planning for a given area, land availability and areas with
fragmented ownership, or restrictions to a typical park service area." This gives
the flexibility of the developers to meet with the City and to work out the location,
the size, the streets and bringing it to the Planning Commission would be
premature, because it will eventually come to the Planning Commission in the
proper timing.
Commissioner Brady commented that if a developer proposed a park that was
9.9 acres do you really want to have that developer come back in and have a full
public hearing as opposed to just going to the Park Director and getting their
agreement that 9.9 is good enough. Commissioner Brady stated he doesn't think
the cost factor makes sense, and thinks this is an appropriate compromise. The
Park Director is in a good position, and knows what he is doing with Parks, and
can decide the issue.
Commissioner Sprague commented that he is trying to get away from policy call
by one person who is in charge of Recreation and Parks making that choice for
the City of Bakersfield, and the citizens of Bakersfield, when the Planning
Commission body should be the appropriate jurisdiction for that choice.
Commissioner Tavorn expressed his agreement with Mr. Sprague and Mr. Boyle
that they need to leave avenues open for the public to come in and express
themselves. If this is given over to the Director of Parks you take the public out
of the loop, and they should always keep the public in the loop, and the Planning
Commission appears to be the only arena where they can come and voice their
opinions and parks are something that we can plan and it is a great part of a city.
We need to plan parks, and the public needs to be involved.
Commissioner Dhanens inquired how Mr. Sprague's argument works in reality
when a subdivider comes before us and knowing the process of how parks get
set aside, and ultimately get constructed.
Mr. Grady responded that typically the only time you would see a park issue
would be in a General Plan setting where there the parks are being master
planned, or when a subdivision would come in and as a condition of approval of
that subdivision we are requiring that they actually dedicate land, because now
the area is closing in, and we've identified a location, and this subdivider needs
to begin to dedicate land, and may even be required to set aside land. The other
situation would be if someone offered a park to the City to be constructed. It may
or may not come in as part of a subdivision, and the Parks Director makes a
determination if it is premature to accept that land now because based on how it
Minutes, PC, Thursday, March 18, 1999 Page 6
............ develops.we might want to put the.park in another, location, or. do they want to
accept that park site at that particular time, and that Park Director makes that
decision today.- To accomplish the changes proposed by Commissioner Sprague
they would have to look at a larger park at the time of the subdivision being
offered to us, because you wouldn't see it. For example, the subdivisions you
have had on your past agendas there is a condition requiring the developer to
pay his park development fee, and his park land in lieu fee. Rarely do you see a
condition requiring them to dedicate a six acre park. It would require a new
bureaucracy requiring developers who want to dedicate a park less than 10 acres
and then say now they have to have a hearing in front of the Planning
Commission in order to reach that decision, and it's the kind of decision that
seems to be perfunctory.
Commissioner Dhanens stated the ordinance is a General Plan Amendment and
it is proposing to amend the General Plan document with the language as
proposed in the memo, and doesn't address the construction of the park or the
timing of the park, as much as it does the setting aside of the appropriate
acreage for neighborhood parks and making that the standard as opposed to the
six acres that we currently have as a standard. In doing so, he is convinced that
the Parks and Recreation Director is the most adequate person in the City Staff
to make that judgment.
Commissioner Boyle stated the public has stated their preference for larger parks
and the additional facilities that larger parks would offer; parking, bathrooms. If
the ordinance had been adopted as originally presented by staff there would
have been no flexibility to create a park less then 10 acres, so he does not know
how they are creating a bureaucracy of making them come back to the Planning
Commission when the staff's original ordinance wouldn't have given them the
flexibility to begin with.
Mr. Grady stated the language was put in there to accommodate the concerns of
the industry. The way the policy is written now, it states what the minimum
acreage is, being between 2-% acres to 10 acres. If you take the General Plan
policy, 2-% acres would be the size for a mini park. Between 10 acres and 20
acres would be the size of a neighborhood park. You already have ranges
because the policy is written for minimums.
Commissioner Boyle stated that absent this change they could have built the 9.9
acre site and called it a mini park and not need a Park Director's approval or
Planning Commission or anybody else, to which Mr. Grady stated that the fee
program is set up to build neighborhood parks, and there is no fee program set
up to build mini parks. The 6 acre park does not meet the General Plan
neighborhood park with a 10 acre minimum as proposed.
Commissioner Boyle inquired what happens when you build a mini park and if
the developer gets his fees, to which Mr. Grady responded that they don't accept
mini parks as a standard operating practice. The mini parks have been part of a
master plan, where the park locations are identified for a section of land, and the
required park acreage.
Minutes, PC, Thursday, March 18, 1999 Page 7
8.2a)
Commission Boyle further inquired if to theextent there isa master.pleg.with a
General Plan Amendment, then the Commission would be making a
determination as to park size and location as part of the General Plan
Amendment, to which Mr. Grady affirmed.
Commissioner Boyle stated that a large portion of the ordinance is designed in
situations where there is no master plan for the community, but where it's been
built in small bits and stages by various developers, to which Mr. Grady affirmed.
Commissioner Tavorn inquired if MeaSure G was put in for the developer and the
Planning Department and not the public, to which Mr. Grady responded the
General Plan is a public policy document so the policy is for the public.
Commissioner Tavorn inquired if it was removed, would it change the overall
ordinance change, to which Mr. Grady stated if measure 9 in the memo is not
adopted then the existing policy would stay in effect.
Commissioner Tavorn inquired if this was put in for certain parts of the general
public, or for whom, to which Mr. Grady responded that a survey identified the 10
acre park size as the size the community wanted.
Commission Tavorn suggested they concur with Commissioner Sprague or
remove it. It does not appear to give the general public what it is asking for.
Commissioner BradY stated the committee looked at 6 acre parks that had extra
amenities and they were trying to give the developer some flexibility to put in an
extra nice park, even though it was a little smaller than 10 acres, but the
community would get extra and allow that flexibility to occur with the people that
know parks; the Park Director. We're giving flexibility and increasing the size.
It's a better system than we have now.
Motion was made by Commissioner Brady and seconded by Commissioner
Kemper to adopt the resolution approving and adopting the notice of exemption
approving General Plan Amendment P98-0838 with findings as presented in said
resolution and recommending same to City Council by the following. Motion
carried by the following roll call vote:
AYES:
Commissioners Brady, Dhanens, Kemper, Tkac
NOES:
Commissioners Boyle, Ortiz, Tavorn
General Plan Amendment P98-0749 - Kern County Superintendent of
Schools
Combined with 8.2b below.
Minutes, PC, Thursday, March 18, 1999 Page 8
...... 8.2b) ._Zone Change P98~0749 .-.Kern County Superintendent of Schools
Staff report given. The motion tonight will have to note two things: 1) Request
from CalTrans for an additional study, and adding two conditions. The March 17,
1999 letter from CalTrans that points 2 and 3 would be added on as conditions of
approval. None of the other two points would need to be, which means that the
motion would have to add points 2 and 3 of CalTrans letter of March 17, 1999,
2) The original condition from the archeological inventory was to have a monitor
on site the entire time and four conditions have been agreed to in the March 18,
1999 letter by the California Historical Resources Information System. Note a
modification of the motion to include the subject, the condition to, Exhibit '%", to
be superseded by conditions one through four of the March '18th letter by the
California Historical Resource~ Information System; those two modification would
cover the issues worked out today between four and five.
Commission Dhanens inquired if the letter from California Historical Resources
Information System would have been in their packet tonight to which Mr.
Gauthier responded they are superseding condition number 2 in Exhibit ^
attached to the March 18th memo. The four conditions are those that Staff has
received this afternoon, which the Commission has a copy of dated March 18th.
Public portion of the hearing was opened for opposition.
Dennis Fox stated that he is not in opposition, but inquired of the prudence and
issues of the toxics in the ground.
Robert Gomez stated that he is not really in opposition, but requests the
Commission to look at another avenue outlined in a letter to the Commission. He
requested the Commission postpone this request to give the Native-American
communities some time with the Superintendent of Schools, and to establish
some dialogue as far as some of the concerns they may have with respect to
artifacts, retrieval and disposition of artifacts, some monitoring/consulting issues
on site, and adherence to the CEQA process.
Commissioner Kemper advised Mr. Gomez that in Exhibit "^" it says that "A
qualified professional archeologist shall be present on site to conduct monitoring
during all ground disturbance stages of project construction. Should any cultural
resources be entered the archeologist shall assess the finds and recommend any
necessary mitigation measures." Ms. Kemper feels Mr. Gomez's issues are
covered in this Exhibit and she would be more inclined to go ahead with the
recommendation.
Mr. Gomez was concerned as to the definition of "qualified" and if other
jurisdictions in the state or CEQ^ has a definition of what is a qualified Native-
American monitor or archeologist.
Tim O'Hara representing Star stated they have no opposition to the growth or
aesthetic value, but have concerns about the installation put in. The school
location on the north side is not prudent. His company's insurance will increase if
Minutes, PC, Thursday, March 18, 1999 Page 9
there is a school there, and it is going to cause congestion and.construction
which will impede on his business. His business went in on an M-1 zoning, and
they should not be penalized. He does not think it will be good for the City, and it
is not good for them.
Tom Vallas, Assistant County Superintendent of Schools stated that it was their
desire to construct two educational facilities on the site. The first one is Move
International, a smaller facility that would house between 30 and 40 severely
disabled children, and would become an international training center. Secondly,
using the downtown school, it is their desire to partner with the Bakersfield City
School District to construct a very small junior high school. Requirements to
attend the downtown school are that the parents receive an intradistrict transfer
and that they work downtown. It is their goal to have kids picked up on R Street,
and cooperate with all the different organizations to make this as smooth a
process as possible.
Public portion of the hearing was closed.
Commissioner Boyle stated that he is in favor of the project and thinks the idea of
Mixed Use projects downtown are an excellent idea and he supports it.
Commissioner Boyle inquired as to the correctional facility/half-way house
around the corner from the facility. Staff responded that they did not have much
information as to how the facility runs, but knows that the facility was there for
five or six years without the surrounding businesses realizing it was there.
Adjacent property owners have stated that there hasn't been any problems.
Commissioner Boyle asked of Mr. Vallas if they would cooperate with whatever
group Mr. Gomez recommends in selecting an archeologist to which Mr. Vallas
responded in the affirmative. Mr. Gomez stated that that what they are asking
for.
Commissioner Boyle also asked if there have been any kind of problems with
unmanned gasoline facilities downtown such as Sullivan, to which staff
responded the Fire Department, or HazMat would have that information.
Chief Shapzian, Fire Marshal, responded that there have been no incidents out
of the ordinary.
Commissioner Boyle stated that he did not think they would be able to protect Mr.
O'Hara from the possibility that children might come on the premises and do
vandalism, and does not think it will be a major problem. To address Mr.
O'Hara's further concerns about street closures, Commissioner Brady further
inquired as to the closure of Golden State Highway to which staff responded that
he is unaware of any street closures as a part of this project. Staff further
responded that they believed Golden State was a State right-of-way. There is no
known proposal with regard to closing 24th Street, but if a street is closed you
have to have a 65402 finding from this Commission. Temporary closures for
construction would have to go through the Traffic Department for any lane
closures they would have.
Minutes, PC, Thursday, March 18, 1999 Parle 10
· Commissioner Boyle commented that there appear.s..to be.sufficien,t_access from
R Street for construction equipment, and inquired if they could put a condition on
it that there won't be any lane closures, or street closures on 24th Street, without
an additional public hearing, to which staff responded that any street closure
would be no different than any other street closure and the way the City handles
those situations. Staff stated they are aware of the impact on the surrounding
businesses and would take every precaution to be as least disruptive as
possible.
Commissioner Boyle is reasonably satisfied that lane closures are very unique
and will be on a very restricted basis, and he would support the project.
[break taken]
Commissioner Dhanens asked Mr. Fidler if the introduction of a school facility
within a 1,000 feet of Mr. O'Hara's facility would trigger additional regulations,
requirements or mitigation measures in his hazardous material plan that will have
to be met as a result of the business that he operates, to which Mr. Fidler
responded in the negative.
Commissioner Dhanens inquired if the school is required to go through a site
plan review through the City of Bakersfield to which staff responded they go
through the State Architect's Office that reviews their plans, which would not
impact any other businesses other than the school facility.
Staff stated that there has been nothing submitted as to the exact location on the
site where the facility will be located.
Commissioner Dhanens inquired if the educational facility would be constructed
on the north part of the site, which is most closely adjacent to the facility that Mr.
O'Hara operates.
Staff stated that the design of the school facility would be outside of their
purview.
Commissioner Dhanens inquired if the Office of State Architect, in review of the
plans, would impose mitigation measures on the facility as it relates to the
adjoining property, to which Mr. Vallas responded that they have to follow
stringent guidelines to build a school. Mr. Vallas stated the State School Site
Planning Division approves all school sites, and do take exception to a few
things. The Department of State Architecture approves all the structural
components of the project. There are two processes: 1) Site approval; 2)
Architectural and structural approval.
Commissioner Dhanens further questioned if the fact that some of the facility's
neighbors may be M-1 uses would be factored into the review process, and if
there may be some things they will impose on the County with respect to
restricting access or leaving campus, to which Mr. Vallas responded that the
State takes everything into consideration.
Minutes, PC, Thursday, March 18, 1999 Page 11
Commissioner..Dhanens stated.that he likes the. idea of Mixed ..Use project in the
downtown area, but is concerned with some of the M-1 zoned property and feels
reasonably satisfied that Mr. O'Hara's property would not be further encumbered
by any regulations or requirements by the introduction of the school adjacent to
his property. He believes that the Office of State Architect in site selection will be
concerned about these issues, and will probably impose some type of mitigation
to restrict access or restrict some of the concerns Mr. O'Hara had in relationship
to his property and the school. Commissioner Dhanens stated that he would
support the project and support the condition regarding the Native-American
issue and their participation in the selection of the archeologist retained to review
this project.
Commissioner Ortiz stated that he is in favor of the project and inquired if there
are going to be children that are young adults being bused.in, or are they going
to be dropped off by their parents and if they would even be on 24th Street, to
which Mr. Vallas responded that they are trying to model this school to the
downtown school just constructed. He stated that there are no buses and no
walkers. All the parents bring their children to school because they do work
downtown, and that is the model the County is trying to do.
Commission Ortiz questioned the safety of the canal to which Mr. Vallas
responded the canal will be considered by the State Department of Planning
Division and will be one item that will be looked at before the site is fully
approved by the State.
Commissioner Ortiz stated that he is in favor of the project.
Commissioner Sprague stated that he thinks this is a terrific rehabilitation of the
area. He does not see much additional liability and would be in favor of the
project.
Ms. Shaw requested that points two and three in the March 18th memo from
Steve Walker be included in the motion, rather than the actual letter from
CalTrans.
A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz to
adopt the resolution approving and adopting the negative declaration approving
the requested amendment to the land use designation from Light Industrial to
Mixed Use Commercial with revised mitigation measures shown on the attached
Exhibit "A" with the following changes: 1) Incorporate the memorandum from
Steve Walker, dated March 18th, points two and three; 2) Incorporate the March
18th letter from the California Historical Resource Information System, which
would include conditions one through four and 3) consult with the Native-
American Groups in the selection of the archeologist. Motion was carried by the
following roll call vote:
Minutes, PC, Thursday, March 18, 1999 Page 12
8.3a)
8.3b)
..AYEs:
Tkac
Commissioners. Boyle, Brady, Dhanens, Kemper, Ortiz, Tavorn,
NOES: None
Commissioner Boyle made a motion, seconded by Commissioner Ortiz, to adopt
resolution approving and adopting the negative declaration approving the
requested zone change from M-1 (Light Manufacturing) to CC (Commercial
Central) with revised conditions as shown on attached Exhibit "A with the
additional provisions: 1) Incorporate Steve Walker's memorandum of March '18th,
points two and three; 2) Incorporate the March 18th letter from the California
Historical Resource Information System as conditions one through four; and 3)
the selection of the archeologist be done in conjunction with the Native-American
Association here in town. Motion was carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Dhanens, Kemper, Ortiz, Tavorn,
Tkac
NOES: None
General Plan Amendment P98-0976 - Kenneth F. Cooper
Combined with 8.3b below.
Zone Change No. P98-0976 - Kenneth F. Cooper
Staff report given.
Public portion of the hearing was opened.
Lorraine Unger representing the Kern Kaweah Chapter of the Sierra Club, and
their interest is protecting the Kern River Parkway. The Kern River Parkway is
the only green belt in Bakersfield. She commented that the zone change and the
land use element to office commercial is inappropriate.
Brad Cooper, part-owner and General Manager of Cooper's Garden Center,
stated that they have been in business for 58 years, and they plan to continue to
do business for another 35 years at this location. However, they find it difficult to
compete with Home Depot, etc. Their business is the only agriculture property in
the city. They have applied for this zone change just to have the potential use of
doing something else.
Mike Neal, Vice-President for Business Administrative Services with California
State University, Bakersfield, stated that they are not in opposition to the zone
change, but they do want to make sure that the structural changes be reviewed
and approved by the University, including architectural changes, and that is part
of the restriction within the radius of the University that is built into the properties.
Public portion of the meeting closed.
Minutes, PC, Thursday, March 18, 1999 Page 13
........ Commissioner.Boylestated that given this property is separated from the
parkway by the canal and bike path, there is no habitat on this piece of property,
that he does not feel that the applicant's request is inappropriate, and would
support the project. He stated that he thinks there should be a view of the
parkway through the property, and the concerns of Cal. State Bakersfield can be
addressed, and instead of doing it as commercial office space zone that they
consider a PCD, where it would be a zone change meeting the needs of the
applicant for commercial development, but having it one that comes back where
there would be a public hearing as to what this site would look like.
Commissioner Brady questioned if Cai State already has the right to control or
sign off on any construction on the property to which staff responded that he has
second hand knowledge that something like that exists. Staff reported that it is
not something between the City and Cai State, and that the first time it was heard
of was when the Marketplace was being built.
Commissioner Brady inquired of Mr. Cooper if there was some covenant or
restriction on the property to which Mr. Cooper responded in the affirmative.
Commissioner Brady stated he would support the application as presented.
A motion was made by Commissioner Kemper, seconded by Commissioner
Ortiz, to adopt resolution recommending approval of the proposed negative
declaration recommending approval of the proposed amendment to the Land
Use Element and the Kern River Plan Element of the Metropolitan Bakersfield
2010 General Plan. Motion carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Kemper, Ortiz, Sprague, Tavorn,
Tkac
NOES: None
Commissioner Tavorn agreed with Commissioner Boyle on the PCD issue.
Commissioner Sprague stated he doesn't see a need for a PCD because the
deed restrictions are in place, and at the site plan review the issue can be
addressed then.
Commissioner Brady stated whatever goes on the property has to be in
accordance with Cai State's wishes, and they did a nice job with the Market place
and working things out there. They are just making the zoning in accord with
use that's already been there for years, and putting this extra burden on the
people that are using the property already is outrageous.
Commissioner Boyle stated if they approve the commercial office space, they
can build any project they want in accordance with the ordinances. The site plan
review does not have the ability to change it. The site plan review process has no
ability to say they want it to look like something else. If it meets the ordinances, it
meets the ordinances. The PCD gives them the opportunity to say could we get
Minutes, PC, Thursday, March 18, 1999
Page 14
8.9a)
8.9b)
8.9c)
you to.turn this building a little like this, or do this, because we're concerned
about traffic, or we're concerned about the view of the Kern River Parkway.
deed restriction may address Cai State's problem, but it doesn't address the
concerns that the citizens may have and the view.
The
Mr. Grady stated that if their desire is to have a PCD then their motion tonight
would not be to zone this property; it would be to deny the zone change, because
the PCD is the site plan as well as the conditions of approval. The zone change
would occur at the time as they are ready to develop the property.
Commissioner Tavorn inquired if the CC&R's go with the transfer of property, to
which staff responded in the affirmative.
A motion was made by Commissioner Boyle, seconded by Commissioner
Tavorn, to adopt the resolution denying recommendation of approval of the
proposed negative declaration and denying approval to propose zone change.
Motion is carried directing the property come back as a PCD by the following roll
call vote:
AYES:
Commissioners Boyle, Kemper, Tavorn, Tkac
NOES:
Commissioners Brady, Ortiz, Sprague
Motion is carried, directing the property to come back as a PCD.
Commissioner Tavorn made a motion to move agenda items 8.9(a), 8.9(b) and
8.9(c) to the next agenda item. Seconded by Commissioner Ortiz. Motion
carried.
General Plan Amendment P99-0054 - Porter-Robertson Engineering
Combined with 8.9b and 8.9c below.
Circulation Element Amendment P99-0054 - Porter-Robertson Engineering
Combined with 8.9a and 8.9c below.
Zone Change P99-0054 - Porter-Robertson Engineering
Staff report given.
Public portion of the meeting was opened.
John Etcheverry stated he lives to the northerly part of this intersection, and
opposes the road change only, and has no concerns about the church or the
density. He opposes the road change due to dangerous conditions for egress
Minutes, PC, Thursday, March 18, 1999 Page 15
and ingress. The Traffic Department has said this is not a .proper th!ng.to do, is
not in the 2010 Plan, and most of the collector and arterial streets follow the
section lines, and they see no reason to change this at all, and would see
adverse effects to the property in the future if it were changed.
Harold Robertson, with Porter-Robertson Engineering, representing the applicant
statedthat the reason for the proposal of alignment of Norris Road is that
regarding future development of the northeast quarter of the section because of
the Friant-Kern Canal and the existing alignment of the Norris Road as it bends
to the north and ties in at the quarter section corner it leaves an area between
Norris Road and the Friant-Kern Canal that is essentially limited in how you can
develop it. Currently there is only 575 feet for residential use, and they feel the
realignment would make this area more suitable for development and give them
more flexibility. If the realignment is approved they will not have to have any
other accesses onto Snow Road for any future development. If the realignment
is denied and they have to maintain, that intersection at the quarter corner of the
section, then they will have subdivisions that are developed between Norris Road
and Snow Road, which is a half a mile, and it's only good planning that they are
going to have to have some sort of access at that point. By moving to the east,
they would have a signaled intersection, and would eliminate any other access
points from subdivisions at that time.
Mr. Carter stated the reason they want a small commercial site is they want to try
to create a community hub/gathering placing of identity for this community. It will
be a small "mom and pop" type store. They do not want to put gas pumps in or
even want alcohol and tobacco there, but would like to create a place where
families can walk down and meet their neighbors and in the evening have an ice
cream; stop by in the morning and have some coffee, pastry and a newspaper.
They want a place where people feel safe sending their children inside the walls
of the community. They are working with the Post Office to put the mail boxes
there. They figure they will get traffic equal to 1/6 of the what the Valley Plaza
will get at this little center, so it will more than support the center and be a big
boom for the community in that they don't have to go outside the community to
get those small items. They would encourage a high school student to come in
from three to five and make home deliveries to shut-ins. They are trying to
create a sense of ownership in the community, and a place where people can
meet and gather and have a facility where they can sit down and actually talk to
each other. Outside the store they would like to provide some seating, and
maybe some fountains.
Public portion of the meeting was closed.
Commissioner Sprague asked Mr. Carter what the proposed square footage of
the store would be, to which Mr. Carter responded around 3,000 square feet.
Commissioner Sprague expressed concern about the reality of being able to
make a profit at this type of a center and inquired if Mr. Carter intended to build
and lease it out, to which Mr. Carter responded in the affirmative.
Minutes, PC, Thursday, March 18, 1999 Page 16
Commissioner Sprague expressed his opinion of, the difficulty~0f, finding a tenant,
and does not believe the location of Mr. Carter's concept is good.
Mr. Carter responded that he agreed, but explained that by putting the mail in
there, they figure that they would have 1/6 of the traffic that you get at the Valley
Plaza annually. He believes that some of those people would buy something
when they're in there.
Commissioner Brady questioned staff if their goal has been to work on putting in
a commercial area within a community and make it pedestrian friendly, to which
staff responded that this 1.25 acre commercial center in a planned subdivision is
just one fragment of an idea, which is unlike other commercial centers.
Commissioner Boyle commented that this sounds like the perfect opportunity for
a PCD type idea. He stated that he thinks the concept is worth pursuing, but
once the zone is approved for General Commercial they lose all control over
whether that intent will be carried out. He stated that he will support staff on all of
its recommendations.
Commissioner Brady agreed with the PCD idea, and stated that he would
support staff on this item.
Commissioner Boyle questioned staff if any changes in the resolution needed to
be made given Mr. Robertson's comments, and given the support of staff's
recommendations, to which Staff reported in the negative.
Staff can not report to the fees put up by Mr. Robertson. With regard to the
request to delete condition three regarding the radii that would be effectively what
would happen if the movement/intersection is denied at Snow Road. Staff does
not believe there will be any changes for that resolution.
Assistant City Attorney Hernandez stated that if the requested General Plan
Amendment is denied then the applicant still has to come back for a General
Plan Amendment to put a commercial development there. They can't come back
with a PCD to the Planning Commission and they could consider that because it
would still be inconsistent with the designation of LR that would remain on the
property.
Mr. Robertson commented on condition number two on Exhibit "A", stating that if
you deny the realignment of Norris Road, then the intersection at Snow and
Norris is already a part of the traffic mitigation impact fee list; that signal light is
already a part of that, and this condition is requiring that Mr. Carter, or the
developer, pay for that signal light 100%.
Mr. Grady clarified that if you're talking livable communities concept, and you're
talking about a commercial of this size, you are not talking PCD, it would be
PUD, because what you really want to look at is the relationship between this
center, or commercial use and the residential. That is the vehicle for getting to
where he wants to get.
Minutes, PC, Thursday, March 18, 1999 Page 17
Amotion was.made by. Commissioner Boyle, seconded.by Commissioner.Brady,
to adopt the resolution making findings approving the negative declaration
approving the requested land use amendment of the 2010 General Plan to
change the density requirements for 164.55 acres in the Polo Grounds area and
denying the land use amendment to change the land use designation from LR to
GC on 1.25 acres and recommending the same to City Council with the changes
that in Exhibit "A" that the item regarding the applicant being required to pay for
the cost of the signal light in the intersection be deleted, and delete the
requirement for a realignment of Norris Road, which is items two and five on one
copy of Exhibit "A" and items two and three on a different item. Motion was
carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Kemper, Ortiz, Sprague, Tavorn,
Tkac
NOES: None
A motion was made by Commissioner Boyle, seconded by Commissioner Brady,
to adopt the resolution making findings approving the negative declaration and
denying the circulation element amendment to modify the alignment of Norris
Road and recommending the same to City Council with the same deletions as to
the conditions on signalizing Snow Road, and on the realignment of Norris Road.
Motion carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Kemper, Ortiz, Sprague, Tavorn,
Tkac
NOES: None
A motion was made by Commissioner Boyle, seconded by Commissioner Brady,
to adopt resolution making findings improving the negative declaration and
approving the requested zone change from R-1 to R-1 CH on 10 acres and
denying the change from R-1 to C-1 on 1.25 acres as shown on Exhibit "A"
through Exhibit "C" and recommending the same to City Council, with the same
deletions as to signalizing Snow Road, and the realignment of Norris Road.
AYES:
Commissioners Boyle, Brady, Kemper, Ortiz, Sprague, Tavorn,
Tkac
NOES: None
[break taken]
8.4) General Plan Amendment P98-0990 - Castle and Cooke, Inc.
See Consent 'Agenda.
Minutes, PC, Thursday, March 18, 1999 Page 18
.¸0
........ 8.5a)..General Plan AmendmentP98-0991.,.SmithTech/USA, Inc
Combined with 8.5b below.
8.5b) Zone Change P98-0991 - SmithTech/USA, Inc.
Staff report given.
Public portion of the meeting was opened. No one spoke in opposition.
Patricia Harbison with SmithTech/USA, the representative of the applicant on this
project stated they agree with staff's report.
Public portion of the meeting closed.
Commissioner Boyle inquired of Ms. Shaw his concern of the apartment buildings
to the south, and to the west where there are two schools (Bakersfield Junior
Academy and Heritage Academy), a large intersection and a movie theater
between New Market Way and the project and whether there was going to be a
traffic problem. Ms. Shaw responded that the Traffic Engineer indicated that with
the separation between the driveways shown on the application, and the location
of the driveway across the street he does not see a problem with a left turn
conflict.
Commissioner Boyle asked if the standard is seven trips a day for apartments,
and Ms. Shaw responded yes for regular multi-family. Since this is age
restricted, it will be a lower amount.
Commissioner Boyle questioned if they feel okay with these traffic indications,
and if there is nothing they should do to mitigate the traffic, to which Steve
Walker, of Traffic and Engineering, responded that based on the information
provided, and the traffic study, and what is being proposed for the type of use,
the trips per dwelling unit would range from .1 to .27 per unit as compared to 7 or
10 for a single family home. They're only going to get between 16 and 43
movements in and out during the peak hour time, as compared to commercial
land use where you would get up to 420 trips during a peak hour. The current
zoning has a much greater potential of trips and potential conflicts. The use
proposed is probably one of the best you can have for this area, and he doesn't
see that there would be a need for additional controls such as a median.
Commissioner Boyle asked if the block wall would go down the entire property
line to which staff responded that there is a requirement for separation between
residential and commercial with a block wall, and that would come in at site plan
review. "
Commissioner Boyle inquired if the lighting on the back side of the commercial
property is consistent with the type of lighting normally put in when commercial
abuts to residential, to which staff reported they did not know.
Minutes, PC, Thursday, March 18, 1999 Parle 19
......... CommissionerBoyle. stated that he is in support of.the project.
Commissioner Dhanens asked about condition No.4 placed by pUblic Works
stating "If a grading plan is required by the Building Division a building permit will
not be issued until the grading plan is approved by both the Public Works
Department and the Building Division" and why the Public Works Department
would want to review this. Staff responded that Public Works reviews all grading
plans along with the Building Department.
Commissioner Dhanens asked Patricia Harbison from SmithTech if they had in
preparation of the plan intended to provide a flat area in the center of the site in
order to place the structures with a series of slopes around the perimeter, to
which Ms. Harbison responded in the affirmative.
Commissioner Dhanens asked if the Fire Department is aware of the grading
situation as reflected on the grading plan and are satisfied with respect to the
slope of that driveway, to which Ms. Harbison responded in the affirmative.
Commissioner Dhanens stated that he would support the change from the MC to
the HR, but questions the design of the facility on that particular property. He
further inquired if the number of parking spaces could be reduced to eliminate
some of the asphalt that comes with putting in 60 more parking spaces then you
really need, and further inquired if that is something at the PUD level that the
Planning Commission has the authority or purview to address to which staff
responded that because it is a PUD the Planning Commission does have the
opportunity to address design concerns.
Commissioner Dhanens stated he does not find the issue regarding the block
wall in the site plan review in the PUD application.
Mr. Grady responded to Commissioner Dhanens question regarding the block
wall stating that the commercial zone does require block wall buffering it from
residential uses. This is an infill where you are asking to change from an MC to
HR, and it's a PUD, so you have the latitude to require that on this individual
because he is placing the residential in between the commercial. You also have
some additional issues with the topography where a wall may not be practical or
serve any useful purpose because this is elevated higher than some of the
commercial, or there may be a more particular spot such as the area where
Commissioner Boyle was talking about that you would want to see a wall
extended. That issue was not evaluated with that level of detail by staff, and will
require some further time for us to be able to appropriately respond to it.
Commissioner Dhanens inquired if this issue is something that should be
evaluated further, or if the zone change and land use change was approved, it
could be worked out at a later time with staff, to which staff responded that if
there was something particular with respect to the wall, the motion could be
Minutes, PC, Thursday, March 18, 1999 Page 20
conditioned in such a manner so they could address that. He stated .that if it is to
look at it entirely on its perimeter he has faith in the staff that reviewed the project
that they evaluated that, and if they thought it was meritorious they would have
put it on as a condition.
Commissioner Dhanens further commented that the pads on the grading plan are
around the 66 foot elevation; the back of the property is around the 75 foot
elevation, so the commercial piece is going to set up higher than the residential
piece, and then the residential piece will have a three story wall, and then you will
have a situation where there will be second or third level windows that you might
be able to look out directly at the back end of commercial piece, where typically
you would want the buffering to occur.
Staff responded that they could approve the project with the condition for a
further look at the wall and the cross sections through the site related to the wall,
and require that the final development plan be brought back to the Planning
Commission, although typically it is not.
Commissioner Dhanens stated that the design needs to be studied further so
these relationships get handled a little bit more closely. He would be inclined to
pass the General Plan Amendment and not the PUD until there is another PUD
that comes back and addresses some of those issues differently, in its entirety,
as opposed to sticking with that particular plan, that by its very nature is not
responding to the site that it sits on.
Commissioner Ortiz stated that he thinks this is a wonderful project and it is the
right place for it and is easily accessible to senior adults.
Commissioner Boyle stated that he is not overly concerned with topography
issues given the nature of the building, but do think the issues on the block wall
make it worth while to take a look at a final development plan. He would support
the project with a condition to returning the final development plan to the
Planning Commission.
Commissioner Ortiz stated that it may be advantageous to have more open
space in the middle instead of carports.
Commissioner Boyle questioned what the end of the building is going to look like
facing the street.
A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz,
to adopt the resolution making findings and approving the negative declaration
approving the requested General Plan Amendment to change the land use
designation from MC to HR on 5.02 acres, and recommend the same to City
Council with the condition that the final development plan be brought back to the
Planning Commission.
Minutes, PC, Thursday, March 18, 1999 Page 21
8.6)
Commissioner Dhanens inquired of Mr. Grady i~ th_ey need to specify what issues
they will be looking at in the final plan, or if it was all wide open and fair game, to
which Mr. Grady responded that they would need to specify what you want them
to present to you in the final plan that's different from what you have in the
preliminary plan.
Commissioner Boyle amended his motion to include in the final development
plan the issues of the block wall on the north side of the property, the end of the
building on the south side of the property, landscaping, and the issue of the
parking.
SmithTech requested clarification on the end of the building to which
Commissioner Boyle responded he would leave it up to SmithTech, but
something that would make it more attractive from Bernard. Commissioner Ortiz
seconded the amended motion. Motion was carried by the following roll call vote:
AYES:
Commissioners Boyle, Dhanens, Kemper, Ortiz, Sprague, Tavorn,
Tkac
NOES: None
A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz,
to adopt the resolution to making findings approving the negative declaration
approving the requested zone change from R-1 CH to PUD on 5.02 acres as
shown on Exhibit "A" through Exhibit "E" and recommending same to City
Council with the additional condition that they bring the final development plan
back to the Planning Commission addressing the issues previously discussed on
the south end of the appearance of the fascia, the landscaping on the south end
of the building, the parking, and landscaping and open space issue, and the
block wall on the north. Motion was carried by the following roll call vote:
AYES:
Commissioners Boyle, Dhanens, Kemper, Ortiz, Sprague, Tavorn,
Tkac
NOES: None
General Plan Amendment P98-0960 - City of Bakersfield
Staff reported that there was nothing to add from Monday's meeting.
Public portion of the meeting was opened. No one spoke in opposition or in
favor.
Public portion of the meeting was closed.
Commissioner Boyle asked if the Commission decides to delete the collector do
they have any way to control the future layout of the streets in this area so that
there will be some type of north/south traffic, even if it is not a collector, to which
staff responded it would be up to the individuals that came in with subdivisions.
Minutes, PC, Thursday, March 18, 1999 Page 22
Unless they designate a collector they would.design the str~eet ne~o[k, to .
accommodate their subdivision.
Commissioner Boyle inquired if it was a good idea to have such a huge gap
between Morning Drive and Fairfax with no through roads, or no guarantee that
there will be a through road, to which staff responded that there are topographic
constraints out there, and because of the topography they are not going to get
the density that would normally require a collector at midsection. They don't see
any problem with the deletion of this collector.
Commission Sprague inquired if the property owner had been contacted
regarding this and if there had been any reply, to which staff responded that they
contacted them by mail, but the address is in Montana. They have not talked to
them by telephone, but the owners were all notified in writing, but none have
called.
Commissioner Sprague stated that he is reluctant to remove that easement
without the property owner knowing that it is being removed, because at a later
date he can come back and say he didn't get notice. Commissioner Sprague
recommended the Planning Commission continue this item until a public hearing
notice could be sent by certified mail to the property owner to make them aware
of the fact that they want to delete that access. He further stated that he thinks
that access will be needed at a future time as the property develops out there.
Staff commented that there was an offer of dedication on this collector, and that
was vacated in 1987. At this time there is no right-of-way. There is only a line on
the map for a collector.
Commissioner Sprague commented that there is no dedicated access, and there
is no tentative map there, to which staff affirmed.
Commissioner Sprague inquired if there is a dedicated access proposed north of
Paladino, to which staff responded in the negative.
Commissioner Boyle inquired if the park mentioned was on land that was owned
by Mr. Heisey, and the collector would be real close to his property, to which
staff responded in the affirmative.
Commissioner Boyle inquired if we notified people within 300 feet in this situation
or if it is just the property on which the collector is located, to which Staff
responded it is within 300 feet.
Commissioner Boyle questioned if Mr. Heisey got notice of this, to which Staff
responded that everybody within 300 feet was on the mailing list and got a
notice.
Commissioner Dhanens inquired if the property owner wanted the right-of-way
back how would they go about that, to which staff responded if this is approved
there-is no collector designation on the map.
Minutes, PC, Thursday, March 18, 1999 Page 23
8.7)
Commissioner.Dhanens_statedthatbased .on.the. fact that.it is. vacated and they
have made an attempt to notify the surrounding property owners, per ordinance,
he would be in support of staff's recommendation to delete the collector status,
and would be prepared to make a motion to do so.
Motion was made by Commissioner Dhanens, seconded by Commissioner
Boyle, to adopt the resolution approving the proposed General Plan Amendment
with findings as presented in said resolution, see Attached Exhibit "B" and
recommending the same to the City Council. Motion carried by the following roll
call vote:
AYES:
Commissioners Boyle, Dhanens, Kemper, Ortiz, Sprague, Tavorn,
Tkac
NOES: None
General Plan Amendment P98-0968 - Castle and Cooke, CA, Inc.
Staff reported that there was nothing to add from Monday's meeting.
Public portion of the meeting was opened up.
Roger Mclntosh, with Martin-Mclntosh Engineering, representing Castle & Cooke
stated they just received approval from Seven Oaks to add an additional 9 hole
golf course west of Buena Vista. They want to make the street more friendly
rather than a collector that nobody uses like Grand Lakes.
Public portion of the meeting was closed.
Commissioner Dhanens asked Mr. Mclntosh if this is the first time that City Staff
has seen the layout shown tonight, to which Mr. Mclntosh reported that they have
met with Staff, and believes that Mr. Grady has seen something similar to this
particular layout in the past, although it was not a formal part of their application
because they were waiting for the members at Seven Oaks to approve the
concept.
Commissioner Dhanens inquired if staff could provide an opinion on Mr.
Mclntosh's justification for the deletion and use as a basis for a finding and voting
on tonight to which staff responded that they have expressed non-support for the
original request because it was such an integral part of the previous EIR, the
circulation element. Just off the cuff, he doesn't think it would be a problem if it
was eliminated, however, he is not ready to make a decision, and believes that
Mr. Mclntosh could provide the numbers and bring it back in the next two weeks.
Commissioner Dhanens agreed with staff on this and would not be opposed to
continuing this matter so the analysis can be done.
Minutes, PC; Thursday, March 18, 1999 Page 24
8.8)
..Commissioner Dhanens .further. inquired if the proposal .for a gated_community
impact their analysis of the circulation element change being proposed, to which
staff reported in the affirmative.
Commissioner Boyle inquired what their protection is if the collector is deleted
and then the project plan comes back as something totally different then is now
being proposed, to which staff responded if the collector is deleted based on
what is proposed now, the only assurance you have that they are going to do
what they say is the presentation tonight. He has a land use pattern that does
not acknowledge the golf course. The density would still be there, and if the
collector is gone, they could build it or the golf course.
Commissioner Boyle stated he is concerned that once the collector is deleted
they could put in any kind of development they wanted as long as it met City
standards, and they would not be obligated to put a collector back in, to which
staff responded in the affirmative.
Commissioner Boyle stated he thinks the concept should be proposed as either a
General Plan Amendment or a subdivision map or something where they can
have a condition of approval that requires the gated communities, etc.
Mr. Mclntosh commented that they have submitted a tentative tract map for an
area showing private gates. Given the densities that they are committed to on
the General Plan to support the park plan, they have severely down grounded
the densities (in some case 2 and 3 dwelling units per acre)because of the golf
Course, and those densities would go down even more if the golf course didn't
get built. He thinks they can show that whether it is a private or public street, it
would not require a collector just because the densities are not there.
Commissioner Boyle moved to continue this matter to April 1, 1999, and if there'
is a pre-meeting, to continue it to the pre-meeting.
Staff requested direction from the commission to which Commissioner Boyle
responded they want a traffic study.
Motion seconded by Commissioner Sprague.
Motion is carried.
General Plan Amendment P99-0028 - City of Bakersfield
Staff report requested that this be deferred to the next cycle, so they can notice
a larger area.
Commissioner Dhanens moved to defer this item to the next general plan cycle.
Motion seconded by Tavorn.
Minutes, PC, Thursday, March 18, 1999 Page 25
......... Public portion of the meeting was opened.
Martin Mclntosh, representing Castle & Cooke stated they support staff's
recommendation for deletion. They are ready to submit tentative tract maps to
start creating some industrial parcels and they are concerned if the deletion of
this collector is deferred for another three months, it will hold them up in
submitting that map, because their whole design is centered around the
relocation of the collector.
Commissioner Dhanens stated that the reason for this deferral is that it was
intended that this collector be deleted between Gosford Road and Buena Vista,
and it had been noticed publicly to be deleted from Gosford Road to Old River
Road, so the intent was to renotice it as one project as opposed to having it
deleted at this cycle for that segment. Commissioner Dhanens inquired of staff if
this segment that has been noticed could be heard tonight, and another notice
and another project be prepared for the next cycle that would delete it between
Old River and Buena Vista Road as a separate action, to which staff responded
that when you study projects and CEQA you want them together, and you don't
want segment items. That is what the Public Works Department had in mind,
was to keep this as one project and not to split things up. They would
recommend that you defer it to the next cycle so they whole item can be heard.
It could be a violation of CEQA if it is not all heard in one segment.
Mr. Mclntosh disagreed with staff and sees no reason why that portion of the
collector can't be deleted tonight, and send onto the Council in this cycle. He
requested the Commission to do that. Staff commented that the memo stated
they requested to eliminate Pacheco Road as a collector between Gosford Road
and Buena Vista Road. The diagram was noticed as between Gosford Road and
Old River Road and that's what they did the evaluation on. It was breught to their
attention that they should have continued it all the way out. The intent was to
always be between Gosford Road and Buena Vista.
Commissioner Boyle stated that he agrees with City staff that if the intent was to
delete if from Gosford all the way to Buena Vista that they would be segmenting
the project.
Commissioner Boyle inquired if he could be noticed for the next meeting rather
than the next cycle, to which staff responded they would not have enough days.
Mr. Hernandez stated that staff has made a recommendation, and the City is the
applicant, and they see a need to have these two combined and request that this
be continued to the next General Plan cycle.
Mr. Boyle called the question on the pending motion for deferral to the next
General Plan cycle.
Minutes, PC, Thursday, March 18, 1999 Page 26
8.9a)
8.9b)
Mr. Mclntosh commented that they spoke with staff and talked about the deletion
of this collector, and they've relied on staffs ability to process this application,
otherwise they would have done it themselves properly. To wait another three
months will severely impact the development of the industrial project.
Ms. Shaw commented that the proposed parcel map had a collector alignment
that turns and meets Harris Road, and they are talking about deleting the
collector from the point where you are turning down traveling west. Mr. Mclntosh
could submit the map showing a collector in both locations, because you said
you were going to retain that as the local street, and they could submit it as a
general collector, and when the General Plan Amendment goes through they can
revise that map. They wouldn't have to revise the map; it would be
administrative.
Mr. Mclntosh asked if they could do that as a local collector would that meet the
criteria as a collector status; it would be designed to industrial street standards,
which is 44 feet, which meets the local collector standard. They could make that
Phase II, design Phase I while they go back and delete the collector, and that
wouldn't hold up the map. If he could design as a local collector would that meet
the collector criteria, and then staff can do whatever they want to after that. They
will show it as a local collector on the parcel map, which will meet the local
industrial street standard, which is also the local collector standard, and whether
or not it is a collector or not, it will still be a 44 foot street. If they can do that,
then he stated he has no opposition. Staff reported that would work for them.
Commissioner Dhanens stated that his motion remains as stated.
Motion seconded by Commissioner Tavorn.
Motion is carried.
General Plan Amendment P99-0054 - Porter-Robertson Engineering
Combined with 8.9b & 8.9c below. This agenda item was moved up and heard
after hearing agenda item 8.3b.
Circulation Element Amendment P99-0054 - Porter-Robertson Engineering
Combined with 8.9a, 8.9c below. This agenda item was moved up and heard
after hearing agenda item 8.3b.
8.9c) Zone Change P99-0054 - Porter-Robertson Engineering
This agenda item was moved up and heard after hearing agenda item 8.3b.
COMMUNICATIONS
None
Minutes, PC, Thursday, March 18, 1999 Page 27
11.
.C.OMMISSION COMMENTS
None
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE
12.
NEXT PRE-MEETING.
Mr. Grady recommended a pre-meeting.
ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 10:35 p.m.
Para Townsend, Recording Secretary
April 14, 1999