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HomeMy WebLinkAbout04/06/00Held April 6, 2000 City Council Chamber, City Hall 1501 Truxtun Avenue Bakersfield, California. ROLL CALL COMMISSIONERS: Present: JEFFREY TKAC, Chairperson MICHAEL DHANENS, Vice Chairperson STEPHEN BOYLE TOM MCGINNIS RON SPRAGUE Absent: MATHEW BRADY MARTI MUNIS-KEMPER ADVISORY MEMBERS: Present: CARL HERNANDEZ, Deputy City Attorney DENNIS FIDLER, Building Director MARIAN SHAW, Engineer IV STAFF: Present: STANLEY GRADY, Planning Director JIM MOVIUS, Principal 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) 3.3) Agenda Item 5) - Extension of Time for Vesting TT 5758 (Revised) Agenda Item 8.1) - General Plan Consistency Finding for Acquisition of Property west of Calloway Drive. Agenda Item 8.2) - General Plan Consistency Finding for Acquisition of a 38,484 foot parcel. Minutes, PC, April 6, 2000 Page 2 3.4) 3.5) Agenda Item 8.3) - General Plan Consistency Finding'for the abandonment of public utility easements and a sewer line easement Agenda Item 8.4) - General Plan Consistency Finding for the vacation of Londonderry Avenue A motion was made by Commissioner Boyle, seconded by Commissioner McGinnis, to approve the Consent Agenda items. Motion carried. Planning Director Stanley Grady tOld the Commission that Tom Fallgatter requested Consent Agenda Item 3.3 be removed from the, Consent Agenda as he would like to speak on the matter. Commissioner Boyle made an amended motion to approve the Consent Agenda Items with the exception of Item 3.3 which is Agenda Item 8.2. Commissioner McGinnis seconded the motion. Motion carried. APPROVAL OF MINUTES A motion was made by Commissioner Dhanens, seconded by Commissioner Sprague, to approve the minutes of the regular meetings held February 14, February 17, and March 16, 2000. PUBLIC HEARING - Extension of Time for Vesting Tentative Tract 5758 (Revised) (Delmarter & Deifel) (Ward4). See Consent Agenda PUBLIC HEARING - Tentative Tract Map 5981 (Frank Slinkard) (Ward 7) Staff report given recommending approval with Conditions attached to resolution. · Public portion of the meeting was opened. Mr. Cecil Tackett said that he owns a piece of land at 7100 Wible Road which is attached to the property in question. He has a water easement going through the tract and homes and he has recently been informed that the developer is going to put the water line under the street and hold him for responsible for all repairs. He stated that he has never been notified and only got the word about this two weeks ago. Mr. Frank Slinkard, representing the developer, stated that they approved the conditions as they are and concerning the water line it is their understanding that the water line is owned by Mr. Boozer who owned all the land the developer bought to do this subdivision. Mr. Boozer has maintained the line and the developer will continue to be liable for maintaining the line. Public portion of the meeting was Closed. Minutes, PC, April 6, 2000 Page 3 Commissioner Boyle asked staff if they had any information about the nature of this easement whether it is a canal or underground? Mr. Grady said that it is not a canal, it is an underground water line. Staff does not know what the conditions are regarding maintenance. Mr. Grady has not seen a copy of any document that sets that information forth. The map as is proposed and as it was proposed several years ago does accommodate maintenance of the provision of water through this line. What Mr. Tackett is concerned about is that if he is responsible for maintaining the line, it will be in the street instead of being underneath dirt which would be an additional expense if the line were to break. Mr. Grady stated that staff has no instrument to show what the terms and conditions are with respect to maintenance of that line. Commissioner Boyle stated that Mr. Tackett may want to consult with an attorney as this is not a city issue. His easement may give him certain rights to object to the map or to require the developer to do certain things but on the other hand, the easement may give the right to the owner of the property to develope their property as long as they don't place any structures on top of the easement. A street would not normally be considered a structure. Commissioner Boyle stated that the Commission did not have any basis to hold up the development of the project at this time but if he had a question and would like to come up and ask a question of the Commission the Chairman would recognize him. Mr. Tackett said that he owned part of the easement on the well and that Mr. Boozer owns part of it and Mr. Boozer has not maintained or took care of it in about eight years. All the breakdowns have been out of Mr. Tackett's pocket. Commissioner Boyle said that the question is that you have balancing act between the rights of the landowner to developer their property and the rights of the easement holder. Whatever those rights are are defined in the easement agreement and the Commission has no information in front of them to tell them what that implies. Mr. Tackett then asked if he needed to get an attorney to file an appeal. Commissioner Boyle said that he needed to get the advice of an attorney to see if the developer has a right to put the water line under the street, then Mr. Tackett's easement does not give him the right to object to the proposed development. Commissioner McGinnis stated that the staff report said that the canal banks are to be three feet higher than grade and wanted to know if this would pose any sort of a flooding problem? Mr. Grady said "no." Commissioner McGinnis also asked how high the fence is to be? Mr. Grady said the fence is to be six feet. Commissioner McGinnis asked how much the park in-lieu fees are? Mr. Grady said they are $615 per dwelling unit. Commissioner Boyle asked Ms. Shaw if the sewer system had to be inspected by camera? Ms. Shaw said that it is listed in the information conditions. It is simply a requirement of an inspection method. Mr. Grady said that he needed to provide Mr. McGinnis more information about his question. The fee he had given previously was for development. There is an in-lieu fee for land as well which is based on an appraisal prior to recordation of the map. Minutes, PC, April 6, 2000 Page 5 8.2) General Plan Consistency Finding for the acquisition of a 38,484 foot parcel located along the northeast corner of 14th and P Streets for additional parking for the Convention Center and Centennial Garden Arena. (Exempt from CEQA) (Ward 2) Staff report was given recommending a finding be made. Public portion of the meeting was opened. Tom Fallgatt'e~i'~,~:el~esenting Gerald Lucas, owne~.:of:ti~b;§~bject property, wanted to go on record objecting to the condemnation of this property. His client has owned the property in excess of 40' years and does not believe there is a necessity for additional parking and so they are opposed to the project in general. No one spoke in favor. Public portion of the meeting was closed. Commissioner Sprague asked Carl Hernandez what process is taken in condemnation for valuing the property? Does the city do an appraisal or do they hire a third party?. Mr. Hernandez said that the City's Real Property Agent goes through the process of first attempting to negotiate a fair market value purchase of the property prior to initiating any type of eminent domain or condemnation activity. In these cases, the property agent for the city would secure an appraisal of the property based on the fair market value and then present it to the owner of the property who then may accept or reject the offer. Commissioner Sprague asked if the owner of the property has a right to get a third party appraisal to rebut the city's existing appraisal? Mr. Hernandez said that in many cases that is what happens. At that time the real property agent and the property owner will sit down and negotiate a price based on the different appraisals of the property. Commissioner Sprague asked Mr. Lucas or Mr. Fallgatter if it is just that the owner does not want to sell his property or is he just not in agreement of the value of the appraisal and has he gone out and got an independent appraisal? Mr. Fallgatter said that the owner would just as soon not sell the property. The owner is not satisfied with the city's offer and they are in a counter-appraisal process. They question the city's need for additional parking and whether there is some other potential use that is intended. Commissioner Sprague asked Mr. Grady if there are any studies done as to what' the parking requirements are for the current center and what the projection would be for the next five years in that area? Mr. Grady said there was a parking analysis done for the Centennial Garden project which identified the need for parking. It did include joint use of the County's parking structure and use of some of the spaces at the Holidayinn Select Hotel as well. To the extent that other sites are acquired and made available for parking, it eliminates the Minutes, pC, April 6, 2000 Page 6 need to share the County's parking structure or share the spaces in the Holiday' Inn Select. Commissioner Sprague asked Mr. Fallgatter if this building was presently producing an income or if it was vacant? Mr. Fallgatter said it is producing income. Commissioner Boyle asked Mr. Hernandez to clarify the fact that they are not making a finding that the parking is necessary that they are only making a finding that the parking would be consistent with the general plan. Mr. Hernandez said that is correct. Commissioner Dhanens asked if there was a possibility that the property would be used for something else or is the city limited to use it for parking only? Mr. Hernandez said that that is what's before the Commission at this time. Commissioner Dhanens wanted to know if the Commission's action on this would necessarily lead to condemnation proceedings if the parties were not able to agree on.a purchase price? Mr. Hernandez said that the finding being made by the Planning Commission at this time has no bearing on the eminent domain proceeding. Commissioner Dhanens said that he supported staff. Commissioner McGinnis asked Mr. Grady if the proposal would be in-lieu of using the county and hotel's parking or in addition to? Mr. Grady said he did not have the answer to that question. Motion was made by Commissioner Boyle, seconded by Commissioner Dhanens, to make a finding subject to Government Code 65402 that the proposed acquisition of 38,484 square feet of land to be used for additional parking for the convention center, Centennial Garden Arena, located at the northeast corner of 14th and "P" Streets is consistent with the Metropolitan Bakersfield 2010 General Plan, Motion carried. 8.3) General Plan Consistency Finding for the abandonment :of reserved pubic utility easements and sewer line easement in the 15.8 acre site on the east side of "R" Street between 21st and 24th Street. (Exempt from CEQA) (Ward2) See Consent Agenda 8.4) General Plan Consistency Finding for the vacation of Londonderry Avenue (entire roadway from Stine Road too east end). (Exempt from CEQA) (Ward 6) See Consent Agenda Minutes, PC, April 6, 2000 Page 7 8.5) General Plan Consistency Finding for the vacation of a 50-foot portion of the waived vehicular access rights on the west side of Ashe Road at the northeast corner of Parcel 2 of Parcel Map No. 9233. (Exempt from CEQA) (Ward 6) Staff report given recommending the Commission find the proposed vacation of the 50 foot'portion of the waived vehicular access to be consistent with Government Code 65402. Public portion of the meeting was opened. No one spoke for or against the project.. This portion of the meeting was closed. Commissioner Sprague asked Steve Walker, Traffic Engineer, if there is a median in the road to prevent left turns? Mr. Walker said that there is no ~ medians in the road at this time but sometime in the future the City will be building medians on most of the major roads. Commissioner Sprague asked if there was a traffic hazard for trucks pulling up and slowing down to turn right by the railroad tracks? Mr. Walker said that the railroad crossing is a signalized one. Because of the volume of traffic expected to use this facility, it is underneath the threshold for the City's standard for requiring a right turn lane. Their primary existing access is further down the road. Commissioner Boyle asked if the painted island on the street needs to be extended south to make sure is covers the access and is there anything that could be put in that island short of going to a full median that would make it more difficult for traffiC:: to turn across it? Mr. Walker said that the painted aisle has the same legal effect as a hardscape concrete raised island but it does not have the physical limitation that a raised island has. If there is a problem with consistency and being able to police the action, they may have the raised island put in before the rest of the section. They are not anticipating it to be a problem because it is a fairly limited use access point. Mr. Walker said yes they may have to extend the island a little further. Commissioner Boyle asked if a condition needed to be made so that the island be extended so that it is 75 or 100 feet south of the entry point so that it is very clear that the island extends well past the entry point? Mr. Walker said that is an operational consideration that they would do at staff level and with the City's signing and striping crews. It would not be necessary for the developer to do it. Motion was made by Commissioner McGinnis, seconded by Commissioner Boyle, to make findings pursuant to Government Code 65402 that proposed vacation of a 50-foot portion of vehicular access rights on the west side of Ashe Road at the northeast corner of Parcel 2 Parcel Map 9233 is consistent with the Metropolitan Bakersfield 2010 General Plan. Motion carried. Minutes, PC, April 6, .2000 Page 8 COMMUNICATIONS. There were no written or verbal communications. 10. COMMISSION COMMENTS. There were no Commissioner comments. 11. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF NEXT PRE-MEETING. It was decided to hold a pre-meeting on May 1, 2000. 12. ADJOURNMENT. There being no further business to come before the Commission, the meeting was adjourned at 6:21 p.m. April 20, 2000 Pam Townsend, Recording Secretary ~Planning Director ~creta~~~ AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall '1. ROLL CALL Thursday, April 6, 2000 5:30 p.m. 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. 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, cio 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 - April 6, 2000 Page 2 (Ward #) 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 a,nd the items acted on as a group. 3.1) 3.2) 3.3) -3.4) 3.5) Agenda Item 5) - Extension of Time for Vesting TT 5758 (Revised) Agenda Item 8.1) -General Plan Consistency Finding for Acquisition of Property west of Calloway Drive. Agenda Item 8.2) - General Plan Consistency Finding for Acquisition of a 38,484 foot parcel Agenda Item 8.3) - General Plan Consistency Finding for the abandonment of public utility easements and a sewer line easement Agenda Item 8.4) - General Plan Consistency Finding for the vacation of Londonderry Avenue APPROVAL OF MINUTES Approval of minutes of the regular meetings held February 14, February 17, and March 16, 2000. PUBLIC HEARING - Extension of Time for Vesting Tentative Tract 5758 (Revised) (Delmarter & Deifel) consisting of 221 lots on 56 acres, zoned R-1 (One Family Dwelling), located on the southwest corner of Noriega Road and Old Farm Road. (Negative Declaration on file) RECOMMENDATION: Approve Group Vote. (Ward 7) PUBLIC HEARING - Tentative Tract Map 5981 (Frank Slinkard) containing 21 lots on 6.91 acres for single family residential purposes zoned R-1 (One Family Dwelling),-located north of Berkshire Road, approximately 300 feet east of Wible Road, on the south side of the Arvin-Edison Canal. (Negative Declaration on file) RECOMMENDATION: Approve Group vote Agenda, PC, Thursday -April 6, 2000 Page 3 (All Wards) PUBLIC HEARING - Zone Change P99-087~ The City of Bakersfield is proposing to change various zone classifications to OS (Open Space) for park sites owned by either the City of Bakersfield or North Bakersfield Recreation and Park District. The proposal will make the actual or proposed use(s) of the - sites (public park uses) more consistent with the underlying zone district. (Negative Declaration on file) RECOMMENDATION: Approve Roll Call Vote (Ward 4) (Ward 2) (Ward2) GENERAL PLAN CONSISTENCY FINDING-~ 8.1) General Plan Consistency Finding for acquisition of property for additional street right-of-way purposes located west of Calloway Drive generally between Brimhall Road and Harvey Court. (Exempt from CEQA) RECOMMENDATION: Make Finding Group Vote. 8.2) General Plan Consistency Finding for the acquisition of a 38,484 foot parcel 'located along the northeast corn4r of 14th and P Streets for additional parking for the Convention Center and Centennial Garden Arena.~ (Exempt from CEQA) RECOMMENDATION: Make Finding Group Vote. 8,3) General Plan Consistency Finding for the abandonment of reserved pubic utility easements and sewer line easement in the 15.8 acre site on the east side of "R" Street between 21st and 24th Street. (Exempt from CEQA) RECOMMENDATION: Make Finding Group Vote. Agenda, PC, Thursday - April 6, 2000 Page 4 (Ward 6) 8.4) General Plan COnsistency Finding for the Vacation of Londonderry · AVenue (entire roadway from Stine Road too east end). (Exempt from CEQA) RECOMMENDATION: Make Finding Group Vote. (Ward 6) 8.5) General Plan Consistency Finding for the vacation of a 50-foot portion of the waived vehicular access rights on the west side of ^she Road at the northeast corner of Parcel 2 of Parcel Map No. 9233. (Exempt from, CEQA) RECOMMENDATION: Make Finding GrouP Vote~ COMMUNICATIONS A) Written B) Verbal 10. COMMISSION COMMENTS A) Committees 11. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING. 12, March 22, 2000 ADJOURNMENT ~creta~ Planning Director BAKERSFIELD' Deve[oPment Services Department Jack Hardisty, Director Dennis C. Fidler Building Director (661) 326-3720-Fax (661) 325-0266 Stanley C. Grady Planning Director - (661) 326-3733 Fax (661)~327-0646 NOTICE OF CANCELLATION OF THE REGULAR MEETING OF THE PLANING COMMISSION OF THE CITY- OF BAKERSFIELD NOTICE IS HEREBY GIVEN that the regularly scheduled meeting of the Planning commissi0-n of the Cityof Bakersfield scheduled for THURSDAY:, APRIL 20,. 2000,-is canceled. - - DATED: April 13, 2000 pc~genda~-20 --Planning Director