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HomeMy WebLinkAbout09/16/99 AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall 1. ROLL CALL Thursday, September 16, 1999 5:30 p.m. JEFFREY TKAC, Chairman MICHAEL DHANENS, Vice-Chairman STEPHEN BOYLE MA THEW BRAD Y MARTI MUNIS-KEMPE~ 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. - 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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, Thursday- September, 16, 1999. Page ? 3.1 Agenda 3.2 Agenda access 3.3 Agenda CONSENT AGENDA ITEM.~ - (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. Item 9.1 - General Plan Consistency Findincj - Acquisition of Property Item 9.2 - General Plan Consistency Finding - Vacation of a 50-foot vehicula Item 9.3 - Amendment to Final Development Plan for Ralph's Markel (Ward 4) (Ward 5) APPROVAL OF MINUTER Approval of minutes of the regular meetings held August 5, August 16 and August 19, 1999. PUBLIC HEARING -VESTING TENTATIVE PARCEL MAP 1062n (Martin- Mclntosh) containing 13 parcels on 38.07 acres for office development purposes, zoned C-O (Professional and Administrative Office) zone; and waiver of mineral rights signatures pursuant to BMC 16.20.060 B.1 generally located on the north side of Stockdale Highway, east of Calloway Drive. (Negative Declaration on file) Recommendation: Approve Group vote. PUBLIC HEARING - VESTING TENTATIVE TRACT MAP 5293 (Martin- Mclntosh) containing 25 lots on 16.43 acres for single family residential purposes, zoned R-1 (One Family Dwelling); including a request to deviate from the street improvement standard, allow private streets; and waiver of mineral rights signatures pursuant to BMC 16.20.060 B.I. generally located on the west side of Grand Lakes Avenue (extended)/VVhite Oaks Drive, and approximately % mile north of White Lane. (Negative Declaration on file) Recommendation: Approve Group vote. PUBLIC HEARING - AMENDMENT TO FINAL DEVELOPMENT PLAN for Ralph's Market to allow reduction in perimeter wall height from ten feet to eight feet along a portion of the north boundary of the project located at 5000 Stockdale Highway. (Exempt from CEQA) Agenda, PC, Thursday- September, 16, 1999 Page 3 Recommendation: Approve Group vote. (Ward 4) PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS AND CASA LOMA SPECIFIC PLAN AMENDMENT 8.1.a) General Plan Amendment P99-0123 - Cleo Brannon requesting to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from ER (Estate Residential) to GC (General Commercial) on 10.80 acres, located on the east side of Calloway Drive between Seabeck Avenue and Rosedale Highway. (Negative Declaration on file) Recommendation: Approve Roll call vote. 8.1.b) Zone Chan.qe P99-0123 - Cleo Brannon requesting to amend the zoning district from R-1 (One Family Dwelling) to C-2 (Regional Commercial) on 10.80 acres, located on the east side of Calloway Drive between Seabeck Avenue and Rosedale Highway. (Negative Declaration on file) Recommendation: Approve Roll call vote. 8.2.a) 8.2.b) General.Plan Amendment P99-0431 - Martin-Mclntosh requesting to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from LR (Low Density Residential) to OS-P (Open Space-Parks) on 12.38 acres (Site 1), from LR to OS-P on 6.16 acres (Site 2), from LR to OS-P on 110.21 acres, and from OS-P to LR on a total area of 16.07 acres located south of Ming Avenue, north of White Lane, west of Buena Vista Road, and east of Allen Road. (Negative Declaration on file) Recommendation: Approve Roll call vote. Zone Chan~le No. P99-0431 - Martin-Mclntosh requesting to amend the zoning from R-2 (Limited Multiple Family Dwelling) to R-1 (One Family Dwelling) on 157.57 acres generally located south of Ming Avenue, north of White Lane, west of Buena Vista Road, and east of Allen Road. (Negative Declaration on file) Recommendation: Approve Roll call vote. Agenda, PC, Thursday - September, 16, 1999 Page 4 (Ward 4) (Ward 4) (Ward 1 & 7) 8.3) 8.4.a) 8.4.b) 8.5.a) 8.5.b) General Plan Amendment P99-0433 - Jim Ward Architecture requesting to. delete the requirements of the Polo Grounds Multi-Purpose Trail Plan improvement standards (Trail B) along Hageman Road from Verdugo easterly to Calloway Drive, and on Calloway Drive from Hageman Road to Noriega Road. (Exempt from CEQA) Recommendation: Approve Roll call vote. General Plan Amendment P99-0435 - Jeffries Brothers requesting to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from OC (Office Commercial) to GC (General Commercial), located at the southeast corner of Camino Media and Haggin Oaks Boulevard. (Negative Declaration on fi~e) Recommendation: Continue to October 7, 1999 Roll call vote. Zone Change No. P99-0435 - Jeffries Brothers requesting to amend the zoning from C-O (Professional and Administrative Office) to P.C.D. (Planned Commercial Development) on 1.17 acres, located at the southeast corner of Camino Media and Haggin Oaks Boulevard. (Negative Declaration on file) :. Recommendation: Continue to October 7, 1999 Roll call vote. General Plan Amendment P99-0450 - City of Bakersfield requesting to rescind the Casa Loma Specific Plan which covers approximately 3,461 + acres, generally located south of Brundage Lane to Pacheco Road, east of Chester Avenue to Mt. Vernon Avenue. (Negative Declaration on file) Recommendation: Approve Roll call vote. Zone Change No. P99-0450 - City of Bakersfield requesting to amend the existing Casa Loma Specific Plan designations with similar city zoning districts. This also involves prezoning those areas within the unincorporated county, generally located south of Brundage Lane to Pacheco Road, east of Chester Avenue to Mt. Vernon Avenue. (Negative Declaration on file) Recommendation: Approve Roll call vote. Agenda, PC, Thursday- September, 16, 1999 Page 5 (Ward 4) (Ward 5) 10. 11. 12. 13. PUBLIC HEARING - GENERAL PLAN CONSISTENCY FINDING 9.1) 9.2) Pursuant to Government Code Section 65402 for the acquisition of property along the north side of Stockdale Highway west of Don Hart Drive (extended). (Categorically exempt) Recommendation: Approve Group vote. Vacation of a 50-foot portion of the abandoned vehicular access rights on the west side of Ashe Road southerly of Schirra Court. (Categorically exempt) Recommendation: Approve Group vote. COMMUNICATIONS -A) Written B) Verbal COMMISSION COMMENTS A) Committees ADJOURNMENT DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING. September 13, 1999 Held Thursday September 16, 1999 5:30 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. JACK HIGHFIELD, Building Department MARIAN SHAW, Engineer IV Staff: Present: STANLEY GRADY, Planning Director MARC GAUTHIER, Principal Planner JIM MOVlUS, Principal Planner JENNIE ENG, Associate Planner PAM TOWNSEND, Recording Secretary PUBLIC STATEMENTS Commissioner Tkac announced that Agenda Items 8.4.a. and 8.4.b., General Plan Amendment P99-0435, Jeffries Brothers, and the accompanying zone change will be continued until October 7, 1999. Carl Hernandez verified that it is the Chair's prerogative, a motion was not needed. Commissioner Tkac stated that if anyone wanted to speak about this project, they may do so now under public statements. No one came forward. Chairman Tkac read the Notice of the Right to Appeal Minutes, PC, Thursday, September 16, 1999 Page 2 CONSENT AGENDA ITEMS 3.1 3.2 3.3 Aqenda Item 9.1 - General Plan Consistency Findinq - Acquisition of Property A~lenda Item 9.2 - General Plan Consistency Findinq - Vacation of a 50-foot vehicular access Agenda Item 7 - Amendment to Final Development Plan for Ralph's Market A motion was made by Commissioner Boyle, seconded by Commissioner Brady, to approve the Consent Agenda items. Motion carried. APPROVAL OF MINUTES A motion was made by Commissioner Sprague, seconded by Commissioner Kemper, to approve the minutes of the regular meetings held AUgust 5, August 16 and August 19, 1999. PUBLIC HEARING -VESTING TENTATIVE PARCEL MAP 10625 (Martin-Mclntosh) Staff report was given. A memo from the Planning Director was given to the Commission providing an illustration of where the existing and proposed access points for the map are and also included in the memo is a clarification of condition No. 10 requested by the applicant. Staff is recommending approval with the change in condition No. 10. Public portion of the hearing was open. No one spoke in opposition. Roger Mclntosh, rePresenting the applicant Castle and Cooke, stated that they have reviewed the staff report and have a few requested changes: Item 2.8 under Public Works talks about paying the proportionate share for landscape median island for the full frontage of the subdivision. Mr. Mclntosh stated that the landscaping has already been put in by Castle and Cooke and they request the condition be deleted. Mr. Mclntosh stated that he has talked to Ms. Shaw and the Public Works Department is in support of deleting the condition. Also, under Recreation and Parks: Condition No. 7 requires a 10 inch curb with the proposed sump fence on the east side adjacent to the existing landscaped bike path access area. Mr. Mclntosh said there is already an existing fence that separates the adjacent bike path access area from this drainage sump and since they are not anticipating relocating the fence, they ask that that portion of the condition requiring a 10 inch curb under the proposed sump fence be deleted. Mr. Mclntosh stated that they had talked to the Recreation and Parks Department about this and had expected them to attend tonight's meeting. Mr. Mclntosh stated that they concur with the memo regarding condition No. 10. Public portion of the hearing was closed. Minutes, PC, Thursday, September 16, 1999 Page 3 Commissioner Brady asked staff if Public Works concurred with deleting condition 2.8? Ms. Shaw stated they had no objections. Commissioner Brady asked for a response from staff regarding deleting of Recreation and Parks condition No. 7. Joe Gonzales, from Recreation and Parks, stated they were not in complete favor with deleting this condition. Their standards require the curbing. Mr. Mclntosh showed a map on the overhead where the fence is located and explained the applicant's request to leave the existing fence alone and not take it down to put the curb in. The remainder of the fencing along the sump will be put in according to city standards. Commissioner Brady asked for a response from staff and Mr. Grady stated that the best thing to do would be to leave the condition as written subject to the applicant's ability to resolve this matter with the Parks or Public Works Director. Mr. Mclntosh, Parks Department and Public Works agreed. Commissioner Dhanens asked if the access points were fixed or subject to relocation once the parcels get developed? Ms. Shaw stated that right now the access points are restricted to those three parcels. Commissioner Boyle asked Ms. Shaw what a safe distance is between access points? Ms. Shaw deferred to Mr. Walker, Traffic Engineer, who said that the minimum the City requires is 320 feet. Motion was made by Commissioner Boyle, seconded by Commissioner Kemper, to approve and adopt the negative declaration, approve Vesting Tentative Parcel Map 10625 with findings and conditions set forth in the attached resolution Exhibit "^" with the following modification to delete Public Works item 2.8, Recreation and Parks item 7 will be added to the end of the sentence that the curb will be subject to deletion of that requirement with the approval of the Director of Public Works in cooperation with the Parks Department and also the undated memorandum from Stan Grady regarding item No.10. Motion carried. PUBLIC HEARING - VESTING TENTATIVE TRACT MAP 5293 (Martin-Mclntosh) Staff report recommending approval, including a memo from the Fire Department adding a condition regarding turning maneuvers on Grand Lakes Avenue, was given. Public portion of the hearing was open. No one spoke in opposition. Roger Mclntosh, representing Castle & Cooke CA, stated that they agreed with the conditions of approval. Public portion of the hearing was closed. Minutes, PC, Thursday, September 16, 1999 Page 4 Motion was made by Commissioner Dhanens, seconded by Commissioner Sprague, to approve and adopt the Negative Declaration and to approve Vesting Tentative Tract Map 5293 with findings and conditions set forth in the attached resolution Exhibit "A" which is to also include the memorandum dated September 16, 1999, to the Planning Commission from Jim Shapazian, Fire Marshal, regarding Grand Lakes Avenue. Motion carried. PUBLIC HEARING - AMENDMENT TO FINAL DEVELOPMENT PLAN for Ralph's Market See Consent Agenda PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED RF?ONING-~ AND CASA LOMA SPECIFIC PLAN AMENDMENT 8.1.a. & b.) General Plan Amendment P99-0123 and Zone Change P99-0123 - Cleo Brannon Staff report recommending approval was given. At the Monday pre-meeting Commissioner Sprague asked staff a question regarding access and Mr. Gauthier stated that there is no one overall plan for this general plan amendment so there is no way to answer that question. An aerial of the area was posted on the board as also requested by Commissioner Sprague. Public portion of the hearing was open. No one spoke in opposition or in favor. Public portion of the hearing was closed. There were no Commissioner comments. A motion was made by Commissioner Sprague, seconded by Commissioner McGinnis, to adopt the resolution recommending approval of the proposed negative declaration and recommending approval to the proposed land use element amendment of the Metropolitan Bakersfield 2010 General Plan and recommend approval of the proposed zone change with findings as shown in the attached resolutions. Motion was carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Dhanens, Kemper, McGinnis, Sprague, Tkac NOES: None ABSENT: None Minutes, PC, Thursday, September 16, 1999 Page 5 8.2.a. & b.) General Plan Amendment P99-0431 and Zone Change No. P99-0431 - Martin-Mclntosh Staff report stating that there were no outstanding issues from Monday's meeting or from a member of any agency or public, therefore, staff was recommending approval of the general plan amendment and zone change. Public portion of the hearing was open. No one spoke in opposition. Roger Mclntosh, representing Castle and Cooke, CA, stated that they agreed with staffs recommendation and ask for the Commission's approval. Public portion of the hearing was closed. Commissioner Kemper asked staff about the letter from Stream Energy stating "that as an update to the EIR, Stream has completed an additional producing well and Stream currently has additional locations to drill in this area" and wondered if when the tract map comes to the Planning Commission, if the drilling islands will be addressed more specifically at that time. Mr. Grady said "yes." That is when the applicant for the subdivision has a requirement to provide waivers for surface entry or he will not be able to record his map. They either acquire them or have the option to provide drill islands. A motion was made by Commissioner Dhanens, seconded by Commissioner Boyle, to adopt the resolution approving and adopting a mitigated negative declaration and approving the requested general plan land use element amendment with findings and mitigation measures as presented in said resolution, see attached Exhibit E-l, and recommend same to the City Council. Motion was carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Dhanens, Kemper, McGinnis, Sprague, Tkac NOES: None ABSENT: None A motion was made by Commissioner Dhanens, seconded by Commissioner Boyle, to adopt the resolution approving and adopting a mitigated negative declaration and approving the zone change as requested with findings and conditions as presented in said resolution, see attached Exhibit E-2, and recommend same to the City Council. Motion was carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Dhanens, Kemper, McGinnis, Sprague, Tkac NOES: None ABSENT: None Minutes, PC, Thursday, September 16, 1999 Page 6 8.3) General Plan Amendment P99-0433 - Jim Ward Architecture Commissioner Dhanens declared a conflict of interest on this project. Mr. Gauthier stated that at the Monday pro-meeting Commissioner Brady asked if the equestrian groups were notified about this request and they were. Mr. Gauthier also said that Commissioner Sprague asked about the cost estimate of the trail. Mr. Gauthier stated that it was $50 to $60 per lineal foot for a Type B trail not counting the block wall. Commissioner Tkac requested photos and they were shown at this time. Staff recommended approval of the general plan amendment. Public portion of the hearing was open. No one spoke in opposition. Jim Ward, representing the applicant, RiverLakes Community Church, .passed out some pictures to the Commission and explained the project. Public portion of the hearing was closed. Commissioner Sprague stated that he liked the meandering sidewalk and he would like to see it around this project. He stated that the Commission could probably delete the concrete fence rail and delete the requirement for a six-foot fence. Commissioner Sprague asked the applicant if they would be willing to make a meandering sidewalk with three more feet of width and delete the two fence requirements? Mr. Ward said they would have to tear out a large portion of the sidewalk and it would be a huge expense for the Church. Commissioner Boyle stated that he shares Mr. Sprague's concerns. He agrees that it would be nice if the sidewalk were meandering all the way around. It adds an identity to the neighborhood. Commissioner Boyle asked staff if the change was all the way west of the property to Verdugo like the staff report states or as he understood the applicant to say he only wants 604.71 feet which Commissioner Boyle is more comfortable with? Mr. Grady stated that the recommendation from staff is consistent with what the applicant has asked for in that his application said that we should include whatever property was necessary so that thero would be some kind of uniformity and consistency. The recommendation is from Noriega, down to Hageman and from Calloway over to Verdugo to provide them with the option of either going with the existing standard or with the other standard that puts the sidewalk out at the curb. Commissioner Boyle stated that he would be more inclined to approve what the applicant has stated; the 604.71 feet on Hageman Road and the 1,783.86 feet on Calloway. He feels that once the block wall ties back into the sidewalk and landscaping, it would be more feasible to make the' transition back to the meandering sidewalk. Commissioner McGinnis asked Mr. Ward if there were any tentative plans to develop the north and south part? Mr. Ward said that the original plan that was brought in for site plan review only included the Church because that is the only property they owned at the time. There is now a master plan for approximately 137,000 square feet of development on that property. It will be a phased development consisting of two educational buildings Minutes, PC, Thursday, September 16, 1999 Parle 7 one of which has been constructed. It has a temporary meeting facility, multi-purpose room, 2,200 seat sanctuary and an administrative building. The Coleman property because of the Chevron pipeline easement is kind of odd shape to put lots in and they approached the Church to buy it. The piece of property to the north will in all likelihood end up being playing fields. Commissioner McGinnis asked Mr. Ward how much sidewalk was in there now? Mr. Ward stated there is about 700 feet. Commissioner Brady asked Mr. Ward to point out on the Exhibit where the existing sidewalk is located. Mr. Ward stated that Exhibit 2 shows the driveways and the sidewalk are located at the northern most driveway to the end of the parking lot. Commissioner Brady asked Mr. Ward why he can't phase in the meandering sidewalk at the location of the driveway? Mr. Ward said there is no problem with that except that they would not want the block wall or the picket fence but there would be a meandering walk that would tie into Coleman's piece. Commissioner Brady stated that at some point someone is going to have to go and do the fence, meandering sidewalk and block wall at the proPerty line so at some point in time there is going to be a transition. Mr. Ward proposed that Coleman homes is in the process of developing an enclosed community and their block wall would join the Church's block wall and the Church's block wall runs diagonally to the west and then turns south and will ultimately connect back up at the southern end of Coleman's tract and that would be the transition point from the straight sidewalk to the meandering sidewalk as shown in Exhibit 5. Commissioner Brady asked Mr. Ward why the meandering sidewalk should start and finish there as opposed to the location of the concrete now (from the end of the parking lot to the north)? Mr. Ward said that he doesn't have a problem with putting in a meandering sidewalk from the end of the Church's existing property to the north. He feels a meandering sidewalk going south from what is there would be inconsistent because across the street the sidewalk is not meandering. Commissioner Brady said that Gosford is an example of one side of the street that does not have a meandering sidewalk and that the other side does. Commissioner Brady stated that he doesn't want them to have to take out what is already poured but he thinks that a meandering sidewalk should go in at the other portions that are not poured. Commissioner Brady feels it is not necessary to have a block wall. Commissioner Tkac asked Mr. Ward if he would be in favor of the Commission deleting the block wall and the picket fence? Mr. Ward said "yes." He said that he has no problem with putting in a meandering sidewalk north of the northerly driveway but to maintain consistency with what's there and what they are proposing that he should be allowed to do standard city sidewalks for the remainder portion. Commissioner Tkac stated that he was in agreement with Commissioner Brady. Commissioner Kemper said that she is also in agreement with Commissioner Brady. She would be in favor of transitioning to the meandering both north and south of the existing sidewalk, leave the sidewalk in place and not require a fence or a block wall. Minutes, PC, Thursday, September 16, 1999 Page 8 Commissioner Boyle stated that they are all in agreement that the sidewalk already poured is staying but the question is what will look best from that point on? He said that a meandering sidewalk on each side of the existing sidewalk will stick out like a sore thumb. Commissioner Boyle feels that the applicant is correct and it should be a standard sidewalk. Commissioner Sprague said that in his opinion the meandering sidewalk would work as the straight sidewalk is in between the driveways and in front of the parking lot. Mr. Ward stated that the parking lot is all the way around the building. Commissioner Brady stated, that despite the mistake that was made allowing the Church to pour a straight sidewalk, the mistake should not continue and should not set a precedent. He feels that at the least a meandering sidewalk should be required. ^ motion was made by Commissioner Brady, seconded by Commissioner Sprague, to adopt the resolution approving and adopting an amendment to the Metropolitan Bakersfield 2010 General Plan requiring the 20-foot wide trail section width known as Trail B and require for all portions north and south of the existing sidewalk, with the exception that the applicant not be required to provide the split rail fence or the concrete wall on the applicant's property. Mr. Grady asked the Commission to clarify for staff whether the northern property was included? Staff thought the property north of the parking lot was included in the motion and that does not belong to the applicant. Commissioner Brady asked if there was some way they could limit the condition to the property to the north that only applies if the church owns it? Mr. Grady said "yes" given the fact that the property is included in the original application. Greg Bynum, developer for the Church, stated that it is his understanding that they are asking for the general plan to be amended on the properties that are under application and delete that trail requirement. He sees it as a motion to delete the trail requirement on the property encompassed by the application and in addition a meandering sidewalk for those areas undeveloped at this time. Commissioner Brady said that they are requiring the trail but deleting portions of that requirement - the block wall and the split rail fence. Commissioner Brady withdrew his motion and Commissioner Sprague withdrew his second. ^ motion was made by Commissioner Brady, seconded by Commissioner Sprague, to adopt the resolution approving an amendment to the Metropolitan Bakersfield 2010 General Plan requiring a 20-foot wide Type B trail on the property requested with the exception that the applicant will not have to build either the split rail fence or the block wall on the Church property or the property being acquired by the Church with respect to the property being acquired, if it is not acquired by the Church, then the property owner would be required to build a full Trail B and recommend same to the City Council. Minutes, PC, Thursday, September 16, 1999 Page 9 At this time Stanley Grady placed a map on the computer to make sure everyone understood the areas in question. Motion failed by the following roll call vote: AYES: commissioners Brady, Kemper, Sprague NOES: Commissioner Boyle, McGinnis, Tkac ABSENT: Commissioner Dhanens Carl Hernandez stated to the Commission that in order for the general plan amendment to pass, it would need an affirmative vote of the full Commission, which means four votes. The motion fails for lack of majority of the full commission. Chairman Tkac asked Mr. Hernandez if it was his suggestion that the project be reopened for more discussion? Mr. Hernandez stated it was the Chair's prerogative to ask for other motions that might be placed before the Commission on the issue. Chairman Tkac asked the Commission if any member had any ideas for an amended motion? Commissioner Boyle stated that the Commission should talk about the issue as to whether the sidewalk should be required to meander. He stated that he agreed that it would be nice if the sidewalk meandered all the way through but feels that one straight section would stick out. Mr. Ward stated that he had no problem with the meandering sidewalk to the north of the existing sidewalk that is in place. If the Commission would allow them to stay consistent along Calloway going to the south, when it turns to go west on Hageman, they would pick up the meandering sidewalk which would be consistent with the trail. Now they are only asking for a straight sidewalk from the end of their existing southern property to the intersection of Hageman and Calloway. Chairman Tkac said that would help the Commission out. Commissioner McGinnis said that it solved his problem. Commissioner Brady said he would support it. A motion was made by Commissioner Boyle, seconded by Commissioner McGinnis, to adopt the requested amendment to the Metropolitan Bakersfield 2010 General Plan with the following changes: That a meandering sidewalk would be required on that property immediately to the north of the existing parking lot but it would not require a wall or a split rail fence, conditioned upon the applicant acquiring title to the property; that the property on Calloway Drive lying south of the property will be Type A city sidewalk; that the property on Hageman going west would require a meandering sidewalk but would not require a Split rail fence or a block wall and recommend same to the City Council. Commissioner Brady clarified that this was conditioned on the applicant acquiring title to the property. Commissioner Boyle said "yes." If they do not acquire title, there are no changes. Minutes, PC, Thursday, September 16, 1999 Page 10 Motion carried by the following roll call vote: AYES: NOES: ABSENT: Commissioners Boyle, Brady, Kemper, McGinnis, Sprague, Tkac None Commissioner Dhanens 8.4.a. & b.) General Plan Amendment P99-0435 and Zone Change No. P99-0435 - Jeffries Brothers Continued until October 7, 1999. 8.5.a. & b.) General Plan Amendment P99-0450 and Zone Change No. P99-0450 - City of Bakersfield Marc Gauthier stated that at the Monday meeting Commissioner Sprague asked if this had been published in the newspaper. Mr. Gauthier said it was an 1/8 page ad on July 26, 1999, in the Bakersfield Californian. There were no other Commissioner questions at the Monday pre-meeting and staff is recommending approval. Public portion of the hearing was opened. No one spoke in opposition or in favor. Public portion of the hearing was closed. Commissioner Sprague stated that he thought this was a good thing and would support the project. Commissioner Tkac agreed. A motion was made by Commissioner Sprague, seconded by Commissioner Brady, to adopt the resolution making findings approving the negative declaration and approving the requested general plan amendment to rescind the Casa Loma Specific Plan which area is shown on Exhibit "A" and recommend same to the City Council. Motion was carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Dhanens, Kemper, McGinnis, Sprague, Tkac NOES: None ABSENT: None A motion was made by Commissioner Sprague, seconded by Commissioner Brady, to adopt the resolution making findings approving the negative declaration and approving the zone change to replace the existing Casa Loma Specific Plan designations with similar city zoning districts which area is shown on Exhibit "A' and recommend same to the City Council. Motion was carried by the following roll call vote: Minutes, PC, Thursday, September 16, 1999 Page 11 10. 12. AYES: Commissioners Boyle, Brady, Dhanens, Kemper, McGinnis, Sprague, Tkac NOES: None ABSENT: None PUBLIC HEARING - GENERAL PLAN CONSISTENCY FINDINC, 9.1) Acquisition of property along the north side of Stockdale Highway west of Don Hart Drive (extended) See Consent Agenda. 9.2) Vacation of a 50-foot portion of the abandoned vehicular access rights on the west side of Ashe Road southerly of Schirra Court. See Consent Agenda COMMUNICATIONS. There were no written or verbal communications. COMMISSION COMMENTS. Commissioner Tkac asked Mr. Grady what the official title is for the committee he will be appointing tonight. Mr. Grady said it would be the Zoning Ordinance Committee. Chairman Tkac asked Commissioner McGinnis to serve on the committee, Commissioner Kemper to be the chair and stated that he would serve on the committee also. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THF NEXT PRE-MEETING Because of the size of the next agenda, it was decided to conduct a pre-meeting on October 4, 1999. 13. ADJOURNMENT. There being no further business to come before the Commission, the meeting was adjourned at 7:18 p.m. Pam Townsend, Recording Secretary Planning Director I~ October 18, 1999