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HomeMy WebLinkAbout10/18/99 AGENDA REGULAR PRE-MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall Monday, October 18, 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final. Agenda, PC, Monday - October 18, 1999 Page 2 (Ward 7) (Ward 4) 3.1) 3.2) 3.3) 3.4) 3.5) 3.6) 3.7) 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. Agenda Item 5.1 - Extension of Time for TT 5396 (Telstar Engineering) Agenda Item 5.2 - Extension of Time for TT 5363 (DeWalt Corp.) Agenda Item 5.3 - Extension of Time for TT 5620 (DeWalt Corp.) Agenda Item 5.4 - Extension of Time for TT 5621 (DeWalt Corp.) Agenda Item 5.5 - Extension of Time for Vested Parcel Map 10368 (DeWalt Corp.) Agenda Item 7.2 - Amendment to the text of Title 17 (Zoning Ordinance) Agenda Item 8 - Final Development Plan (GPA/ZC P98-0991) (Church of Christ) APPROVAL OF MINUTES Approval of minutes of the regular meetings held August 30, 1999 and September 2, 1999. PUBLIC HEARINGS - EXTENSIONS OF TIME 5.1) Extension of Time for Tentative Tract 5396 (Telstar Engineering) consisting of 161 single family residential lots on 40 acres, zoned R-1 (One Family Dwelling), located south of Hosking Road approximately 500 feet east of South "H" Street. (Negative Declaration on file) Recommendation: Approve. Group vote ,5.2) Extension of Time for Tentative Tract 5363 (DeWalt Corporation) consisting of 18 lots on 557.8 acres, zoned R-1 (One Family Dwelling), R- 2 (Limited Multiple Family Dwelling), R-3 (Limited Multiple Family Dwelling), C-1 (Neighborhood Commercial) and OS (Open Space), located west of Coffee Road, south of Norris Road to the Friant-Kern Canal. (Negative Declaration on file) Recommendation: Approve Group vote Agenda, PC, Monday - October 18, 1999 Page 3 (Ward 4) (Ward 4) (Ward 4) (Ward 4) S.3) Extension of Time for Tentative Tract 5620 (DeWalt Corporation) phased consisting of 9 lots on 81.87 acres for residential, commercial, and industrial purposes, zoned R-1 (One Family Dwelling), C-2 (Regional Commercial) and M-1 (Light Manufacturing), located between Coffee Road and Patton Way on the north side of the extension of Meany Avenue. (Negative Declaration On file) Recommendation: Approve Group vote 6.4) Extension of Time for Tentative Tract 5621 (DeWalt Corporation) consisting of 214 single family residential lots on 58.49 acres, zoned R-1 (One Family Dwelling), located between Coffee Road and Patton Way on the north side of the extension of Meany Avenue. (Negative Declaration on file) Recommendation: Approve Group vote S.$) Extension of Time for Vested Tentative Parcel Map 10368 (DeWalt Corporation) for commercial purposes consisting of two parcels on 14.19 gross acres zoned C-1 (Neighborhood Commercial), located at the northwest corner of Hageman Road and Coffee Road. (Exempt from CEQ^) Recommendation: Approve Group vote PUBLIC HEARINGS - TENTATIVE TRACT MAPS 6.1) Revised Vestincj Tentative Tract 5430 (Martin-Mclntosh) consisting of 256 or fewer lots on 82.5 acres for single family residential purposes, including a 9.92 acre public park, and an existing 2.23 acre private park, zoned R-1 (One Family Dwelling); and a request for private streets, alternate street improvements, double frontage lots on local streets; reverse corner lots; reduced lot depth; and waiver of mineral rights signatures pursuant to BMC 16.20.060 B.I., located at the northwest and southwest corners of White Oak Drive and Old River Road. (Negative Declaration on file) Recommendation: Approve Group vote Agenda, PC, Monday - October 18, 1999 Page 4 (Ward 3) (Ward 7) 6.2) 6.3 6.4) Revised Vesting Tentative Tract 5882 (Martin-Mclntosh) consisting of 569 lots on 245.21 acres for single family residential purposes, zoned R-1 (One Family Dwelling) and R-1 CH (One Family Dwelling-Church); and a request for private'streets on a portion of the subdivision, and waiver of mineral rights signatures pursuant to BMC 16.20.060 B.I., located between Brimhall Road, the Kern River Freeway Specific Plan Line, Jewetta Avenue and Allen Road. (Negative Declaration on file) Recommendation: Approve Group vote Vesting Tentative Tract 5929 (Porter-Robertson Engineering) subdivision to create 80 lots on 20 + acres zoned R-1 (One Family Dwelling) for single family residential purposes, generally located north of Panorama Drive, west of Thorner Street. (Negative Declaration on file) Recommendation: Approve Group vote Tentative Tract 5941 (Cemland Development) Tentative Tract 5941 to create 242 lots on 56.05 acres for single family residential purposes and request for modification of lot depth requirements for cul-de-sac lots. The subdivision includes one 2.13 acre drill site for possible mineral extraction and request for waiver of mineral rights signatures pursuant to BMC 16.20.060.B.3. Located north of Berkshire Road approximately 1/2 mile east of South "H" Street. (Negative Declaration on file) (Continued from October 7, 1999) Recommendation: Approve Group vote (All wards) PUBLIC HEARINGS - ORDINANCE AMENDMENTS 7.1) Amendment to the text of Title 17 (Zoning Ordinance) adding provisions to non-conforming signs related to special sign permits (Section 17.60.100 F.8.)located city-wide. (Exempt from CEQA) Recommendation: Approve Roll call vote' Agenda, PC, Monday - October 18, 1999 Page 5 (All wards) 8. (Ward 3) 10. 11. October 12, 1999 7.2) Amendment to the text of Title 17 (Zoning Ordinance) updating language concerning surface mining and reclamation activities so that the administrative procedures for review and processing surface mining permits is consistent with State law requirements (Chapters 17.62. 17.42 and 17.44) located city-wide. (Exempt from CEQA) Recommendation: Approve Roll call vote FINAL DEVELOPMENT PLAN (GPA/ZC P98-0991) (Church of Christ of East Bakersfield) - Review of the final development plan for a PUD (Planned Unit Development) zone for a 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) (Continued from meetings of July 1 and 15, 1999 and October 7, 1999) Recommendation: Approve Group vote. COMMUNICATIONS A) Written B) Verbal COMMISSION COMMENTS Report from Zoning Ordinance Committee ADJOURNMENT Planning Director E~MEETII Held Monday October 18, 1999 12:15 p.m. City Council Chamber, City Hall 1501 Truxtun Avenue Bakersfield, California. A motion was made by Commissioner Kemper to nominate Commissioner Brady as acting Chairperson for today's meeting. 1. ROLL CALL COMMISSIONERS: Present: Absent: STEPHEN BOYLE MATHEW BRADY TOM MCGINNIS MARTI MUNIS-KEMPER RON SPRAGUE JEFFREY TKAC, Chairperson MICHAEL DHANENS, Vice Chairperson ADVISORY MEMBERS: Present: Staff: Present: CARL HERNANDEZ, Deputy City Attorney DENNIS FIDLER, Building Director MARIAN SHAW, Engineer IV STANLEY GRADY, Planning Director MARC GAUTHIER, Principal Planner JIM MOVIUS, Principal Planner JENNIE ENG, Associate Planner PAM TOWNSEND, Recording Secretary PUBLIC STATEMENTS None Acting Chairman Brady read the Notice of the Right to Appeal Minutes, PC, Monday, October 18, 1999 Page 2 CONSENT AGENDA ITEMS 3.1) 3.2) 3.3) 3.4) 3.5) 3.6) 3.7) Agenda Item 5.1 Agenda Item 5.2 Agenda Item 5.3 Agenda Item 5.4 - Extension of Time for TT 5396 (Telstar Engineering) - Extension of Time for TT 5363 (DeWalt Corp.) - Extension of Time for TT 5620 (DeWalt Corp.) - Extension of Time for TT 5621 (DeWalt Corp.) Agenda Item 5.5 - Extension of Time for Vested Parcel Map 10368 (DeWalt Corp.) Agenda Item 7.2 - Amendment to the text of Title'17 (Zoning Ordinance) Agenda Item 8 - Final Development Plan (GPA/ZC P98-0991) (Church of Christ) These will be voted on Thursday night. APPROVAL OF MINUTES Approval of minutes of the regular meetings held August 30, 1999 and September 2, 1999, will be voted on Thursday night. PUBLIC HEARINGS - EXTENSIONS OF TIME 5.1) Extension of Time for Tentative Tract 5396 (Telstar Engineering) (Ward 7) Staff report recommending approval with no changes to the previously approved conditions was given. There were no Commissioner comments. Item will be voted on the Consent Agenda on Thursday, October 21, 1999. 5.2) Extension of Time for Tentative Tract 5363 (DeWalt Corporation) (Ward 4) Staff report recommending approval with no changes to the previously approved conditions was given. There were no Commissioner comments. Item will be voted on the Consent Agenda on Thursday, October 21, 1999. 5.3) Extension of Time for Tentative Tract 5620 (DeWalt Corporation) (Ward 4) Staff report recommending approval with no changes to the previously approved conditions was given. There were no Commissioner comments. Item will be voted on the Consent Agenda on Thursday, October 21, 1999. Minutes, PC, Monday, October 18, 1999 Page 3 5.4) Extension of Time for Tentative Tract 5621 (DeWalt Corporation) (Ward 4) Staff report recommending approval with no changes to the previously approved conditions was given. There were no Commissioner comments. Item will be voted on the Consent Agenda on Thursday, October 21, 1999. 5.5) Extension of Time for Vested Tentative Parcel Map 10368 (DeWalt Corporation) (Ward 4) Staff report recommending approval with no changes to the previously approved conditions was given. There were no Commissioner comments. Item will be voted on the Consent Agenda on Thursday, October 21, 1999. PUBLIC HEARINGS - TENTATIVE TRACT MAPR 6.1) Revised Vesting Tentative Tract 5430 (Martin-Mclntosh) (Ward 4) Staff report recommending approval with conditions attached to the resolution. was given. Commissioner Brady asked staff if the Commission is to adopt both sets of the Exhibits. Mr. Grady said that is correct. If the negotiations to relocate the park are concluded then the applicant would not have to come back and re-map the park. There were no further Commissioner Comments. Item moved to Thursday, October 21, 1999. 6.2) Revised Vesting Tentative Tract 5882 (Martin-Mclntosh) (Ward 4) Staff report recommending approval with conditions shown in the attached resolution Exhibit 1' was given. Commissioner Brady asked if the high school has a stadium under construction or built? Mr. Grady said he wasn't sure but information received from the audience indicated they do. Commissioner Brady asked staff to provide a location of the stadium on a map for Thursday night. Mr. Grady said they would do that. Minutes, PC, Monday, October 18, 1999 Page 4 Commissioner McGinnis asked staff if this is the same subdivision that was brought before the Commission several months ago where they wanted to change the lot sizes? Mr. Grady said yes and that this one is consistent with the general plan condition that was originally proposed. There were no further Commissioner Comments. Item moved to Thursday, October 21, 1999. 6.3 Vesting Tentative Tract 5929 (Porter-Robertson Engineering) (Ward 3) Commissioner Boyle declared a conflict of interest. Staff report was given and two versions of the map were displayed on the wall. Based on comments from the Public Works Department, Thorner School and the Fire Department, the applicant responded by providing a street connection from the tract generally along the north side of Thorner School to intersect with Morning Drive and that is the second version that will be under consideration on Thursday night. Staff will be writing a memo for the Planning Commission on Thursday verifying that the conditions on the new submittal are adequate and applicable to .the new version of the map. Commissioner Sprague asked staff why two sumps are necessary and if the Commission is going to allow the corner sump be deleted and use the sump to the north for drainage? Ms. Shaw said that she believes the intent is to eliminate the sump at the corner but she will verify that and have an answer on Thursday. Mr. Sprague also asked if it was the same owner? Ms. Shaw said it was the same owner.' Commissioner Sprague asked if the tower lines on the west side of the subdivision were collapsing towers and also the height of the towers so that in the event of an earthquake they could possibly fall into the back yards past the 100-foot zone? Mr. Grady said they would have an answer Thursday night. Commissioner Sprague also asked if the cyclone fence traversing north and south along the west line will be slatted or open? Mr. Grady said that it would be open. Commissioner Brady asked who would be responsible for maintaining the easement? Mr. Grady said it wouldbe P.G.&E. (the easement owner). There were no further Commissioner Comments. Item moved to Thursday, October 21, 1999. Minutes, PC, Monday, October 18, 1999 Page 5 6.4) Tentative Tract 5941 (cemland Development) (Ward 7) Staff report was given stating that a memo with a review of the conditions from Planning and Public Works would be presented on Thursday night. There were no Commissioner Comments. Item moved to Thursday, October 21, 1999. PUBLIC HEARINGS - ORDINANCE AMENDMENTS 7.1) Amendment to the text of Title 17 (Zoning Ordinance) adding provisions to non-conforming signs related to special sign permits (Section 17.60.100 F.8.) located city-wide. (Exempt from CEQA) (m# wards) Staff report recommending approval was given. Staff will be showing photographs on Thursday showing examples of the provisions to the special sign permits. Commissioner Brady asked staff if there had been any input from the industry that would be affected by the sign ordinance? Mr. Eggert said that a copy of the ordinance was sent to the Association of Realtors and Building Industry Association and also to the sign companies that were most affected by this. There has been no response. There 'were no Commissioner Comments. Item moved to Thursday, October 21, 1999. 7.2) Amendment to the text of Title 17 (Zoning Ordinance) updating language concerning surface mining and reclamation activities so that the administrative procedures for review and processing surface mining permits is consistent with State law requirements (Chapters. 17.62. 17.42 and 17.44) located city-wide. (Exempt from CEQA) (AIIwards) Staff report recommending approval was given. Commissioner Sprague asked staff if the Commission could be provided with locations of the two current surface mining operations in existence on Thursday night. Staff responded yes. There were no Commissioner Comments. Item moved to Thursday, October 21, 1999. Minutes, PC, Monday, October 18, 1999 Page 6 FINAL DEVELOPMENT PLAN (GPA/ZC P98-0991) (Church of Christ of East Bakersfield) - (Ward 3) Staff report recommending approval was given. Commissioner Sprague asked if the pool and rec area were fenced properly. Mr. Gauthier said yes. There were no Commissioner Comments. Item moved to Thursday, October 21, 1999. 10. 11. COMMUNICATIONS. There were no written or verbal communications. COMMISSION COMMENTS. Commissioner Kemper said she would not be in attendance on Thursday night. There were no Commissioner comments. ADJOURNMENT. There being no further business to come before the Commission, the meeting was adjourned at 1:05 p.m. Pam Townsend, Recording Secretary Planning Director', October 29, 1999