HomeMy WebLinkAbout06/28/99 AGENDA
REGULAR PRE-MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
Monday, June 28, 1999
12:15 p.m.
1. ROLL CALL
JEFFREY TKAC, Chairman
MICHAEL DHANENS, Vice-Chairman
STEPHEN BOYLE
MA THEW BRAD Y
MARTI MUNIS-KEMPER
TOM MCGINNIS
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 $334 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 $334 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are withdrawn prior to the City Council hearing, it will not be conducted and the decision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withdrawn, the action of the Planning Commission shall become final.
lenda, PC, Monday- June 28, 1999
Page 2
(Ward 4)5.
(Ward 4)
(Ward 4)
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.
3.1)
3.2)
Agenda Item 8.1- General Plan Consistency Findinq - Acquisition of property
A~lenda Item 8.2 - General Plan Consistency Finding - Acquisition by Norris School
District
APPROVAL OF MINUTES
Approval of minutes of the regular meeting held June 3, 1999.
PUBLIC HEARING -TENTATIVE PARCEL MAP 10611 - (Simpson, Lusich &
VanCuren, Inc.) consisting of 3 lots on 1.02 acres on property zoned E-10 (Estate-
10,000 square feet minimum) and a modification to allow a reduction of the rezoned lot
depth (16.28.170.C.1) and width (16.28.170.D.1) for lots adjacent to "A" zoned property
located on the west side of Rich Springs Court, north of Branch Creek Street.
(Categorically exempt)
.Recommendation: Approve
Group vote.
PUBLIC HEARINGS - VESTING TENTATIVE TRACT MAPR
6.1)
Vesting Tentative Tract Map 5943 (Optional Design) (DeWalt Corporation)
consisting of 40 single family lots on 19.53 acres on property zoned R-1 (One
Family Dwelling) located at the southwest corner of Links Drive and RiverLakes
Drive. (Negative Declaration on file)
Recommendation: Approve
Group vote.
6.2)
Vesting Tentative Tract Map 5946 (Martin-Mclntosh) containing 63 lots of 34.5
acres for single family residential purposes, zoned R-1 (One Family Dwelling)
and R-2 (Limited Multiple Family Dwelling), including a request for private gated
streets and deviation from the street standard; for bloCk lengths to exceed 1,000
feet; reverse corner lots; and double frontage lots on a local street; and waiver of
mineral rights signatures pursuant to BMC 16.20.060 B.1. located west of Buena
Vista Road and approximately ~ mile south of Ming Avenue (extended).
(Negative Declaration on file)
enda, PC, Monday- June 28, 1999
Page 3
(Ward 6) 6.3)
(Ward 6) 6.4)
(Ward 3)7.
(Ward 2)
Recommendation: Approve
Group vote.
Vesting Tentative Tract Map 6947 (Porter-Robertson) consisting of 59
residential lots on 12.2 acres, zoned R-1 (One Family Dwelling), and a waiver of
mineral rights owners' signature pursuant to BMC Section 16.20.060 B. 1 located
on the west side of Wible Road, south of McKee Road. (Negative Declaration on
file)
Recommendation: Approve
Group vote.
Vesting Tentative Tract 5950 (Delmarter and Deifel) containing 48 lots on 19.5
acres for single family residential purposes, zoned R-1 - 10,000 (One Family
Dwelling-minimum 10,000 square feet lot size), and, waiver of mineral rights
signatures pursuant to BMC 16.20.060 B.1 located on the southeast corner of
Hosking Road and Akers Road. (Negative Declaration on file)
Recommendation: Approve
Group vote.
FINAL DEVELOPMENT PLAN (GPA/ZC P98-0991) (Church of Christ of East
Bakersfield) for review of the final development plan of a PUD (Planned Unit
Development) zone for the 5.02 acre senior citizen housing project located generally
along the north side of Bernard Street, approximately 1,000 feet west of Oswell Street.
(Negative Declaration on file)
Recommendation: Approve
Group vote.
GENERAL PLAN CONSISTENCY FINDINGS
8.1)
General Plan Consistency Finding pursuant to Government Code Section
65402 for acquisition by the Kern County Superintendent of Schools Office of
'~ 0.1 acres located along the north side of Truxtun Avenue between Sonora
Street and Tulare Street for use as a community school and for remodeling of
existing commercial building as a charter school. (Categorically exempt)
Recommendation: Adopt Resolution
Group vote.
't~genda,
PC, Monday - June 28, 1999
Page 4
(Ward 4)
(Ward 4) 9.
10.
11.
12.
June 18, 1999
8.2)
General Plan Consistency Findinq pursuant to Government Code Section
65402 for acquisition by the Norris School District of an 8.52 acre parcel (Lot 3,
Tract Map 5363) located on the east side of RiverLakes Drive, north of
Northshore Drive, for an elementary school site. (Categorically exempt)
Recommendation: Adopt Resolution
Group vote.
PUBLIC HEARING - General Plan Amendment P99-0087 - Porter Robertson
En.qineerinq requesting to delete Condition of Approval No. 7 of General Plan
Amendment 4-90, Segment IV regarding minimum residential lot sizes on 51.32 acres
located on the west side of Renfro Road, south of Johnson Road. (Negative Declaration
on file) (Continued from June 17, 1999)
Recommendation: Deny
Roll call vote.
COMMUNICATIONS
A) Written
B) Verbal
COMMISSION COMMENTS
A) Committees
ADJOURNMENT
Held
- Monday
June 28,1999
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
STEPHEN BOYLE
MATHEW BRADY
MARTI MUNIS-KEMPER
TOM MCGINNIS
RON SPRAGUE
ADVISORY MEMBERS:
Present:
CARL HERNANDEZ, Deputy City Attorney
DENNIS FIDLER, Building Director
· STEVE WALKER, Traffic Engineer
Staff:
Present:
STANLEY GRADY, Planning Director
JiM MOVIUS, Principal Planner
JENNIE ENG, Associate Planner
MARTIN ORTIZ, Associate Planner
PAM TOWNSEND, Recording Secretary
PUBLIC STATEMENTS
None
Chairman Tkac read the Notice of the Right to Appeal
CONSENT AGENDA ITEMS
'3.1)
3.2)
Agenda Item 8.1- General Plan Consistency Findin§ - Acquisition of property
A_oenda Item 8.2 - General Plan Consistency Findin_o - Acquisition by Norris School
District
Consent agenda item 8.2 was removed from the Consent Agenda.
Minutes, PC, Monday, June 28, 1999 Page 2
=
APPROVAL OF MINUTES
Approval of minutes of Planning Commission meeting held June 3, 1999~ will be heard
on Thursday, July 1, 1999.
PUBLIC HEARING -TENTATIVE PARCEL MAP 10611 - (Simpson, Lusich &
vanCuren, INC.) (Ward 4)
Staff report was given recommending approval with conditions as attached on Exhibit
"A". At the request of the applicant, this item was added to the Consent Calendar to be
voted on Thursday, July 1, 1999.
There were no Commission comments or questions.
Item moved to Thursday, July 1, 1999.
PUBLIC HEARINGS - VESTING TENTATIVE TRACT MAPS
6.1)
vesting Tentative Tract Map 5943 (Optional Design) (DeWalt Corporation)
(Ward 4)
Commissioner Dhanens declared a conflict of interest on this project.
Staff report was given recommending approval with conditions. At the request of
the applicant, this item was placed on the Consent Calendar to be voted on
Thursday, July 1, 1999.
Commissioner Sprague asked if the applicant on Thursday could indicate on the
lot plat if there is going to be a view corridor reservation to protect the view of
property owners on one side of the lot or the other side of the lot to the golf
course?
There were no other Commission comments or questions.
Item moved to Thursday, July 1, 1999.
6.2) Vesting Tentative Tract Map 5946 (Martin-Mclntosh) (Ward 4)
Staff report was given recommending approval with conditions. The applicant
requested to be placed on the Consent Calendar.
Commissioner Brady asked if the width of the road will get rid of the speed way
effect on the long blocks? Mr. Grady replied yes. Commissioner Brady asked if
Public Works agrees to that even though all around the city people want speed
bumps to slow traffic down? Mr. Grady said that this is going to be a gated
community so it will not be traveled by through vehicles getting to one area from
another area. Commissioner Brady asked if limiting the street widths to 36 feet is
going to slow the residents getting from one end of this area out? Mr. Grady
asked Steve Walker, Traffic Engineer, to answer that question. Mr. Walker said
Minutes, PC, Monday, June 28, 1999 Page 3
that reducing or narrowing of a street is a friction inducing factor on street widths
and it does tend to slow traffic down especially if there is going to be parking on
the street. Plus the fact that this is a private street, gated community, it wasn't
something that the city would have to deal with in the future. Mr. Walker went on
to say that a confined area with narrow streets tends to slow vehicles down.
Commissioner Brady asked if the city could do anything about speeding
problems once it has been built even though it is a private community. Mr.
Walker said that there is an allowance in the vehicle code that the Police
Department can come in and enforce speed laws. They have to make some
findings and have a resolution by the City Council to allow that but if they did
want to have speed enforcement, it can be done.
Commissioner Sprague asked if the existing streets are in on both sides of the
subdivision for access out of the center of the long stretch. Mr. Grady said that
they would be building these roads at the time the subdivision is built. None of
the interior streets are in and Chamber Boulevard would have to be constructed.
Commissioner Dhanens asked where the secondary acCess point will be
located? Mr. Grady said that there is a requirement for secondary access as
Condition No. 10. There is a secondary access next to Lots 14 and 23. Mr.
Grady also mentioned that just above Lot 20 there will be a connecting road to a
future subdivision.
Commissioner Dhanens also asked if the traffic generated by this tentative tract
is going to be connected to other tentative tracts in the future so that when these
roads get extended, the number of vehicles generated by this tentative tract
would be more than what is shown on Tentative Tract 5946. Ms. Eng displayed
a map for the Commission that showed how this would connect to subsequent
subdivisions. Commissioner Dhanens also questioned the fact that it looks like
there are more lots and more vehicles that will be within the gated community
that will be potentially accessing this road. Mr. Grady responded by saying that if
you look at the circulation there is a possibility that the street to the southern
most part of the subdivision would connect with another one to the west and
there is the potential for this subdivision to connect to one to the north. Mr.
Grady said that there is the possibility in the future that there will be additional
traffic from the adjoining gated community but that they in turn would have within
their subdivisions perhaps more convenient access points. At this point we don't
have the design of the future subdivisions to really know whether they would all
use this same point or if there would be other ways to get in and out of the
subdivision.
Commissioner Dhanens asked Mr. Walker if he had any literature to support the
fact that narrower streets slow traffic down and if Mr. Walker could provide copies
of the literature on Thursday night?
Minutes, PC, Monday, June 28, 1999 Page 4
6.3)
6.4)
Commissioner McGinnis asked about the golf cart crossing on Buena Vista Road
and what provisions were going to be made for the carts to cross the
thoroughfare? Mr. Grady said that they think it is a tunnel but that they would
verify this on Thursday.
Commissioner Brady asked staff to let the applicant know this would not be on
the Consent Calendar for Thursday.
There were no more Commission comments.
Item moved to Thursday, July 1, 1999.
Vesting Tentative Tract Map 5947 (Porter-Robertson) (Ward 6)
Staff report was given recommending approval with conditions shown on Exhibit
"^". At the request of the applicant, this item was added to the Consent Calendar
to be voted on Thursday, July 1, 1999.
Commissioner Brady asked if the South Beltway alignment was something that
the Commission should worry about for this project? Mr. Grady said "no", it is not
an adopted plan line. Commissioner Brady also asked if this wasn't near where
one of the recommendations for the plan line is? Mr. Grady said that it was in the
general proximity. Mr. Grady said that the way the map act reads we cannot
require someone to provide a reservation for an alignment that is not adopted.
We cannot deny the map because we think the alignment may be on top of their
property at some point in the future. The City has to apply the rules that are in
effect at the time the map is deemed complete.
Commissioner Sprague asked Public Works to bring in an overhead of the
projected South Beltway path that goes through the area so that they may take a
look at it before a decision is made on the map. Stanley Grady said that could be
done or he could turn on the Internet right now and show the Commission. Mr.
Grady pulled up the map from the Internet and commented that the proposed
beltway is north of the project closer to Hosking. Mr. Grady said that he will bring
a map on Thursday showing the proposed alignments.
There were no more Commission comments.
Item moved to Thursday, July 1, 1999.
Vesting Tentative Tract 5950 (Delmarter and Deifel) (Ward 6)
Staff report was given recommending approval with conditions in attached staff
report including the memo dated June 22, 1999, from the Public Works
Department. At the request of the applicant this item was added to the Consent
Calendar to be voted on Thursday, July 1, 1999.
Commissioner Brady had the same comment for this tract as the last one
regarding the South Beltway.
Minutes, PC, Monday, June 28, 1999 Page 5
Commissioner Boyle asked Carl Hernandez if it was possible to put a condition
that the developer will have to include a recital when the deed is out to the
original purchasers that the property is adjacent to a proposed freeway
alignment? Mr. Hernandez said that he did not know the answer to that question
at this time but he would have an answer by Thursday night.
There were no more Commission comments.
Item moved to Thursday, July 1, 1999.
FINAL DEVELOPMENT PLAN (GPA/ZC P98-0991) (Church of Christ of East
Bakersfield) 0Nard 3)
Staff report was given recommending approval.
Commissioner Brady asked Mr. Grady to point out the stairs connecting the project to
the shopping center. Commissioner Brady asked if there will be a break in the wall also?
Mr. Grady said he thinks so but has not seen a detailed drawing but that he could clarify
that for Thursday night. Commissioner Brady asked if that created any problems from a
security aspect allowing access from the commercial end of this project? Mr. Grady said
that it could without some kind of controlled entry and exit mechanism. Commissioner
Brady asked if that 'had been included? Mr. Grady said not that he is aware of but that
the applicant would be here on Thursday and would be able to answer that question.
Commissioner Dhanens asked staff to put the color exhibits on the wall on Thursday so
that they may look at them.
There were no more Commission comments.
Item moved to Thursday, July 1, 1999.
GENERAL PLAN CONSISTENCY FINDINGS
8.1)
General Plan Consistency Finding pursuant to Government Code Section
65402 for acquisition by the Kern County Superintendent of Schools Office of
10.1 acres located along the north side of Truxtun Avenue between Sonora
Street and Tulare Street for use as a community school and for remodeling of
existing commercial building as a charter school. (Categorically exempt) (Ward 2)
Staff report was given recommending approval. This item is placed on the
Consent Calendar to be voted on Thursday, July 1, 1999.
Commissioner Sprague asked staff if they could check by Thursday night if there
were any hazardous materials around this site on adjacent properties?
There were no more Commission comments.
Item moved to Thursday, July 1, 1999.
Minutes, PC, Monday, June 28, 1999 Parle 6
8.2)
General Plan Consistency Finding pursuant to Government Code Section
65402 for acquisition by the Norris School District of an 8.52 acre parcel (Lot 3,
_.Tract Map 5363).located on the east side of RiverLakes Drive, north of
Northshore Drive, for an elementary school site. (Categorically exempt) (Ward 4)
Commissioner Dhanens declared a conflict of interest.
Staff report was given recommending approval. This item was taken off the
Consent Calendar due to Commissioner questions.
Commissioner Sprague asked for a representative from the school district
representing RiverLakes to see if buying this development will increase any fees
or Mello Roos District on existing residents within that area. Commissioner
Sprague also wanted to know if there were already Mello Roos fees there or
district fees in regards to building? Mr. Grady said that staff will contact
RiverLakes and ask them to have someone here for Thursday.
There were no more Commission comments.
Item moved to Thursday, July 1, 1999.
PUBLIC HEARING - General Plan Amendment P99-0087 - Porter Robertson
Engineering (Ward 4) (Continued from June 17, 1999)
Staff report recommending denial was given. Staff stated that nothing has been heard
from the project applicant. There should be more information by Thursday night. Mr.
Grady stated that he was asked by one of the Assistant Fire Chiefs to bring to the
Commission's attention that west of this tract there is an alignment for the West
Beltway. The Assistant Fire Chief also wanted to let the Commission know there
wouldn't be any east/west streets from this tract because of the location of the West
Beltway. The Assistant Fire Chief wanted Mr. Grady to bring to the Commission's
attention that whatever design is ultimately placed on this property there is going to be
limited circulation from Johnson Road because of the access cutoff rom the west'
Beltway Alignment.
Commissioner Sprague asked how the buyers of these lots going to be advised that they
are adjacent to the proposed Kern River Freeway alignment? Mr. Grady responded by
saying that it is staff's belief that there is some requirement that they would have to notify
people but there is no condition placed on this project that they do this when they
transfer title of the property. Mr. Grady asked Mr. Hernandez if he had more
information?
Mr. Hernandez said once again that he does not think the Map Act allows us to burden
private property rights unless we can make a specific finding that it somehow benefits
the public although in this case the plan line is already set so that the public can come in
and find out exactly where the plan line is. Initially, Mr. Hernandez, said that his
inclination would be that we could not require that as a condition of development or zone
change. But he will find out for sure for Thursday.
Minutes, PC, Monday, June 28, 1999 'Parle 7
Commissioner Sprague asked that since there is a specific plan alignment for this case,
.......... if_ we could put a recorded informational statement along with the general plan.
amendment and zone change and as it comes to us in subdivision, it would stand out in
bold print that would be seen by all.
Mr. Hernandez said that we could make it part of the decision and he will bring some
more information on Thursday night.
Commissioner Boyle wanted to make clear his thinking on the project would just be a
restriction notifying people in their deed that they are living within 300 feet or whatever of
a possible freeway alignment as shown in the general plan.
There were no more Commission comments.
Item moved to Thursday, July 1, 1999.
10.
11.
12.
July 1, 1999
COMMUNICATIONS
Stanley Grady told the Commission that he passed out to them an informational Admin
report that is going to the City Council with some changes that are being proposed t° the
Planning Commission.
COMMISSION COMMENTS
None
ADJOURNMENT.
There being no further business to come before the Commission, the meeting was
adjourned at 1:20 p.m.
Pam Townsend, Recording Secretary