HomeMy WebLinkAbout08/30/99AGENDA
REGULAR PRE-MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
Monday, August 30, 1999
12:15 p.m.
1. ROLL CALL
JEFFREY TKAC, Chairman
MICHAEL DHANENS, Vice-Chairman
STEPHEN B 0 YL E
MA THEW BRADY
MARTI MUNIS-KEMPER
TOM MCGINNIS
RON SPRAGUE
NOTE: Agendas may be amended up to 72 hours prior to the Planning Commission meeting.
final agenda may be obtained from the Planning Department 72 hours prior to the meeting.
Items listed on this agenda will be continued to 5:30 p.m. on the Thursday following the date
listed on this agenda.
A
2. PUBLIC STATEMENTS
ANY PERSON WHOSE NAME APPEARS ON THE AGENDA OR 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are withdrawn prior to the City Council hearing, it will not be conducted and the decision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withdrawn, the action of the Planning Commission shall become final.
Agenda, PC, Monday - August 30, 1999 Page 2
(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 4 - Vesting Rights Extension of Time for Tract 5426 Phase E
Agenda Item 8 - General Plan Consistency Finding
APPROVAL OF MINUTES
Approval of minutes of the regular meeting held July 15, 1999.
EXTENSION OF TIME - VESTING RIGHTS
Tract 5426 Phase E (Castle & Cooke)
Located south of Stockdale Highway, west of Old River Road. (Exempt from CEQA)
Recommendation: Approve
Group vote
PUBLIC HEARINGS - TENTATIVE TRACT MAP~
6.1)
Vesting Tentative Tract 5957 (SmithTech USA, Inc.)
Vesting Tentative Tract Map 5957 containing 104 lots for single family residential
purposes, and one lot for a linear park on 42.43 acres zoned R-1 (One Family
Dwelling), to allow private streets which deviate from city standards, located
south of the Kern River, approximately 1/3 mile west of Buena Vista Road.
(Negative Declaration on file) (Continued from August 19, 1999)
Recommendation: Approve
Group vote
6.2)
Vesting Tentative Tract Map 5951 (SmithTech USA Inc)
A proposed tentative tract map for single family residential purposes containing
110 lots for single family residential purposes, 1 lot for a linear park, 1 lot for a
sump on 52.32 acres, zoned R-1 (One Family Dwelling); and a request a
modification to allow median entries on local streets; reverse corner lots and
waiver of mineral rights signatures pursuant to BMC 16.20.060 B. 1.
(Negative Declaration on file) (Continued from July 15, 1999 and August 19,
1999)
Agenda, PC, Monday - August 30, 1999 Page 3
(Ward 3)
(Ward 6)
o
(Ward l)
o
(Ward 2)
Recommendation: Approve
Group vote
6.3) Tentative Tract 5696 Revised (Coker EIIsworth)
Tentative Tract 5696 - subdivision to create 20 lots for single family dwellings on
property zoned R-i (One Family Dwelling). This subdivision is identical to
previously approved division of same property. The previous map expired.
Located north of Highland Knolls Drive, approximately 600 feet east of Fairfax
Road. (Negative Declaration on file)
Recommendation: Approve
Group vote
6.4) Vesting Tentative Tract 5958 (Porter-Robertson)
Vesting Tentative Tract 5958 containing 203 lots on 45.24 acres for single family
residential purposes, zoned R-1 (One Family Dwelling); a request for
modification for reduced lot depth on some lots and block length exceeding 1,000
feet, and waiver of mineral rights signatures pursuant to BMC 16.20.060 B. 1,
located on the south side of Hosking Avenue, and the east side of Stine Road.
(Negative Declaration on file)
Recommendation: Approve
Group vote
FINAL DEVELOPMENT PLAN (PUD/ZC P99-0350)
Final development plan for a P.U.D. (Planned Unit Development) zone consisting of a
250 lot single family development with two., 1/2-acre size private parks for a gated
private street single family subdivision on 50 acres. (Negative Declaration on file)
Recommendation: To be determined by Planning Commission
Group vote
PUBLIC HEARING - GENERAL PLAN CONSISTENCY FINDINC.
General Plan Consistency finding pursuant to Government Code Section 65402 for
acquisition of a 5,775 square foot parcel located at 1015 - 13th Street (AA Pet Hotel, Lot
3, Block 389, APN #006-521-03. (Categorically exempt)
Recommendation: Adopt resolution
Group vote.
Agenda, PC, Monday - August 30, 1999 Page 4
(Ward 4)9. NORTH OF THE RIVER SANITARY DISTRICT SITE ENVIRONMENTAL IMPACT
REPORT (EIR) SCOPING MEETING. THE NORTH OF RIVER SANITARY DISTRICT
SITE PROJECT CONSISTS OF A GENERAL PLAN AMENDMENT AND ZONF
CHANGE ON 304.3 ACRES GENERALLY LOCATED IN THE NORTHWEST PORTION
10.
OF THE CITY OF BAKERSFIELD WITHIN KERN COUNTY, CALIFORNIA
RECOMMENDATION: Receive comments and refer to staff.
UPDATE FROM THE PUBLIC WORKS DEPARTMENT REGARDING THE STATUS
11.
12.
13.
August 20, 1999
OF THE SOUTH BELTWAY
COMMUNICATIONS
A) Written
B) Verbal
COMMISSION COMMENTS
A) Committees
Assignment of committee and members to review proposed amendments to
PC.D. (Planned Commercial Development) and P.U.D. (Planned Unit
Development) ordinances.
ADJOURNMENT
Planning Director
Held
Monday,
August 30, 1999
12:15 p.m.
City Council Chamber, City Hall
1501 Truxtun Avenue
Bakersfield, California.
ROLL CALL
COMMISSIONERS:
Present:
JEFFREY TKAC, Chairperson
STEPHEN BOYLE
MATHEW BRADY
MARTI MUNIS-KEMPER
RON SPRAGUE
Absent:
MICHAEL DHANENS, Vice Chairperson
TOM MCGINNIS
ADVISORY MEMBERS:
Present:
CARL HERNANDEZ, Deputy City Attorney
JACK LEONARD, Assistant Building Director
STEVE WALKER, Traffic Engineer
Staff:
Present:
STANLEY GRADY, Planning Director
MARC GAUTHIER, Principal Planner
JIM MOVIUS, Principal Planner
JENNIE ENG, Associate Planner
PAM TOWNSEND, Recording Secretary
PUBLIC STATEMENTS
None
Chairman Tkac read the Notice of the Right to Appeal
CONSENT AGENDA ITEMS - (marked by asterisk (*)
3.1)
3.2)
Agenda Item 5 - Vesting Rights Extension of Time for Tract 5426 Phase E
Agenda Item 8 - General Plan Consistency Finding
These will be voted on Thursday night.
Minutes, PC, August 30, 1999 Page 2
o
APPROVAL OF MINUTES
Approval of minutes of the regular meeting held July 15, 1999, will be heard on
Thursday, September 2, 1999.
EXTENSION OF TIME - VESTING RIGHTS .- Tract 5426 Phase E (Castle & Cooke)
(Ward 4)
Staff report recommending approval was given.
There were no Commission comments or questions.
Item will be voted on the Consent Agenda on Thursday, September 2, 1999.
PUBLIC HEARINGS - TENTATIVE TRACT MAPS
6.1)
Vestin~l Tentative Tract 5957 (SmithTech USA, Inc.) (Continued from August
19, 1999) (Ward 4)
Staff report recommending approval with conditions, except for the r°ll top curb
which staff is recommending to be denied, was given.
Commissioner Boyle asked why there is an objection to the roll top curb?
Stanley Grady said that he did not have a good answer. It was a standard that
was adopted by the city and he would investigate it further and have a answer by
Thursday night.
Commissioner Brady asked if the Fire Department had signed off on this project
as the corners seem pretty tight in the rear of the development for a large fire
truck to get into? Mr. Grady responded by saying the Fire Department has
reviewed this map and has not conveyed any concerns regarding the tightness of
the curves. Commissioner Brady asked Mr. Shapazian, Fire Marshal, if his
department had a problem with the streets? Mr. Shapazian responded by saying
the turning radius of the streets meet city needs. There should not be a problem.
Mr. Shapazian went on to say the Fire Department will be slowed down by the
private gates and the street configuration but this is a problem that is happening
with'a lot of developments. The Fire Department is also looking into ways to
activate the gates on the gated developments such as "remote access."
Commissioner Brady asked if there was a problem with secondary access on any
of the streets? Mr. Shapazian said "no" the standard they have been using has
to do with the length of the cul-de-sacs and the number of lots and this map
meets that guideline.
Commissioner Sprague asked if it would be possible to require the developer to
deliver a remote for the gates to the Fire Department nearest the development in-
lieu of the Fire Department buying new equipment to access the gates? Mr.
Grady said that is possible. Mr. Shapazian said the only thing the Fire
Department doesn't want to get involved in carrying various kinds of remotes, or
different codes. Mr. Shapazian said that Chief Fraze is aware of the situation
and has looked into the possibilities. Commissioner Sprague asked if Chief
Minutes, PC, August 30, 1999 Page 3
6.2)
Fraze could come to the Planning Commission in the future and give a report on
that? Mr. Shapazian said "yes."
Commissioner Brady stated that most of the gates have a key pad and asked if
there was any way the Commission could require that every single one of them
have the same code for the Fire Department's use? Mr. Grady said that the
Commission in concert with the Fire Department can require as a condition
whatever kind of device they think they need to improve accessibility to gated
communities. Commissioner Brady asked if for Thursday night there be some
wording for a condition that thers be improved access for emergency vehicles
with the approval of the Fire Department or some other city staff member?. Mr.
Grady asked if he meant something that would provide them the ability to accept
or reject it at some point in the future? Commissioner Brady said "yes."
Commissioner Boyle stated that the problem with using a numeric key pad for the
Fire Department is that the code would be passed around and known to too
many people in a short time. He mentioned that a universal garage door type
frequency using a remote might work.
Seeing no other Commissioner comments this item was moved to be heard on
Thursday, September 2, 1999.
Vesting Tentative Tract MaD 5951 (SmithTech USA Inc) (Continued from July
15, 1999 and August 19, 1999) (Ward 4)
Staff report recommending approval with conditions was given.
Commissioner Kemper asked about Unit 1 and why there are five lots showing
with nothing on them? Mr. Grady said that this project has a pending general
plan amendment at the City Council for commercial on the corner. Depending
upon whether it passes or fails, it could end up with a redesign of the remainder
of the two vacant parcels. However, the applicant feels that the five lots that are
there would fit with any future design pending that decision. Commissioner
Kemper asked if staff could provide on Thursday what their recommendation was
on the commercial corner at the previous Commission hearing. She
remembered being concerned with traffic. Mr. Grady responded by saying staff
could provide her with what the Commission's recommendation was.
Commissioner Boyle stated that Item No. 2 was tentatively approved as a P.U.D.
and one of the Commission's comments was to see this center incorporated into
the neighborhood. As he looked at the plan, he saw nothing that resembles
incorporating it into the neighborhood. Commissioner Boyle asked staff if there
was some kind of detail he was not seeing? Mr. Grady said that the subdivider
was trying to get approval for a map that he has continued for several meetings
pendin~ the outcome of the commercial at the City Council hearing and is not
sure what will happen to the piece on the corner. What the Commission
approved in the general plan was a commercial piece that would have had a
street between two parcels. The street went between Stockdale Highway and
the collector street th'rough the community. Commissioner Boyle stated that he
was talking about access for the residents from the residential to the commercial
Minutes, PC, August 30, 1999 Page 4
other than walking on city streets and sidewalks. To him this is not incorporating
the commercial with the residential which is what the Commission had in mind
when approving this subdivision.
Seeing no other Commissioner comments this item was moved to be heard on
Thursday, September 2, 1999.
6.3) Tentative Tract 5696 Revised (Coker EIIsworth) (Ward 3)
6.4)
Staff report recommending approval as originally approved in 1993, with
conditions was given. The applicant had requested this be put on the Consent
Agenda but staff is requesting that it not be put on the Consent Calendar as staff
has had a few phone calls from area residents expressing some concern about
this particular project.
Commissioner Sprague mentioned that he had talked to Mr. EIIsworth and was
t01d that Mr. EIIsworth's engineer certified that he had submitted a request for an
extension of time to the Planning Department prior to this tentative tract expiring
and Commissioner Sprague believes that that indeed happened and asked if Mr.
EIIsworth's fees could be waived for this project? Mr. Grady said that it was not
submitted and there is no way to waive the fee other than to go before the City
Council.
Commissioner Boyle asked if staff knew what concerns the neighbors had? Mr.
Grady said that it was an architectural design issue. The neighbors wanted to
know if the bUilder was going to build products comparable in their mind to their
homes.
Seeing no other Commissioner comments this item was moved to be heard on
Thursday, September 2, 1999.
Vesting Tentative Tract 5958 (Porter-Robertson) (Ward 6)
Staff report recommending approval, except for the flag lot configuration, with
conditions was given.
Commissioner Sprague asked about the location of the flag lot and asked if it
was located where the sump is. Mr. Grady said "yes." Commissioner Sprague
then asked if this flag lot wasn't approved, how would they get the water off the
subdivision. Mr. Grady said that the engineer would have to design the
subdivision to accommodate the sump and to eliminate the flag lot.
Commissioner Sprague asked Ms. Shaw from the Public Works Department who
was sitting in the audience if she would comment on that Thursday night. She
answered "yes."
Seeing no other Commissioner comments this item was moved to be heard on
Thursday, September 2, 1999.
Minutes, PC, August 30, 1999 Page 5
FINAL DEVELOPMENT PLAN (PUDIZC P99-0350 (Ward 1)
Staff report recommending approval at the discretion of the Planning Commission was
given. Staff provided conditions in the resolution addressing staff concerns if the final
development plan is approved and the Commission desires to require any of the design
items presented in the staff report.
Commissioner Sprague asked about the berms in the park and the soccer field and
whether the intent was to provide a noise barrier for the residential property on both
sides and in the front? Commissioner Sprague asked if staff had any idea how tall
above the roads the bermed area would be sitting in order to give that privacy Screening
and noise control? Commissioner Sprague asked if it was subject to a noise report or
something similar? Mr. Grady said that staff has no construction drawings that show the
height of the berm and that perhaps the applicant could address that on Thursday night.
Mr. Grady also stated that there is no noise report required with this improvement.
Commissioner Brady asked about the costs associated with the tot lot. He mentioned
that the staff report suggests that the monthly homeowners dues would increase from
$20 to $25 with the tot lot. Commissioner Brady wanted to know if that meant that the
dues would go from $20 to $25 a month or whether the dues would increase by. S20 to
$25 a month? Mr. Grady responded by saying it would be a $5 monthly increase.
Seeing no other Commissioner comments this item was moved to be heard on
Thursday, September 2, 1999.
PUBLIC HEARING - GENERAL PLAN CONSISTENCY FINDING
General Plan Consistency finding pursuant to Government Code Section 65402 for
acquisition of a 5,775 square foot parcel located at 1015 - 13th Street. (Ward 2)
Staff report recommending adopting the resolution was given.
There were no Commissioner comments or questions.
Item will be voted on the Consent Agenda on Thursday, September 2, 1999.
NORTH OF THE RIVER SANITARY DISTRICT SITE ENVIRONMENTAL IMPACT
REPORT (EIR) SCOPING MEETING. THE NORTH OF RIVER SANITARY DISTRICT
SITE PROJECT CONSISTS OF A GENERAL PLAN AMENDMENT AND ZONE
CHANGE ON 304.3 ACRES GENERALLY LOCATED IN THE NORTHWEST PORTION
OF THE CITY OF BAKERSFIELD WITHIN KERN COUNTY, CALIFORNIA.
Mr. Gauthier reported that the consultant for the project would be giving a presentation
on Thursday night..It is both a Kyle Carter and City of Bakersfield project.
There were no Commissioner comments Or questions.
Item moved until Thursday, September 2, '1999.
Minutes, PC, August 30, 1999 Page 6
10. UPDATE FROM THE PUBLIC WORKS DEPARTMENT REGARDING THE STATUS
1¸1.
12.
13.
OF THE SOUTH BELTWAY
Mr. Gauthier reported that the Public Works Department would be giving the highlights
and milestones of the project on Thursday night.
COMMUNICATIONS
There Were no written or verbal communications.
COMMISSION COMMENTS
There were' no written or verbal comments.
ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 1:18 p.m.
Pam Townsend, Recording Secretary
September 9, 1999