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HomeMy WebLinkAbout06/12/00 AGENDA REGULAR PRE-MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall Monday, June 12, 2000 12:15 p.m.. 1. ROLL CALL MICHAEL DHANENS, Chairman STEPHEN BOYLE, Vice Chairman MA THEW BRAD Y MARTI MUNIS-KEMPER TOM MCGINNIS RON SPRAGUE JEFFREY TKAC 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. 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 O0T 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. Agenda, PC, Monday - June 12, 2000 Page 2 If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final. 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 oh the agenda. If not, the public hearing will be opened and the items acted on as a group. 3.'1) 3.2) Agenda Item 6.1 - Consistency Finding for acquisitiOn of 23 acres Agenda Item 6.2 - Consistency. Finding for acquisition of V2 acre 4. PUBLIC HEARING - AMENDMENT TO ORDINANCE Amendment to the text of Title 16 (Subdivisions Ordinance) of the Bakersfield Municipal Code (City of Bakersfield) Update the subdivision ordinance to reflect changes in the Subdivision Map Act and formalization of local implementation policy. (Exempt from CEQA) (Continued from June 1, 2000) (All Wards) RECOMMENDATION: APPROVE Roll Call Vote. 5. ENVIRONMENTAL IMPACT REPORT - Kyle Carter Resolution making findings and recommending that the City Council certify the Final EIR for General Plan Amendment/Zone Change P99-0482 which has been completed in compliance with CEQA, the State EIR Guidelines and the City of Bakersfield CEQA Implementation Procedures. (Ward 4) RECOMMENDATION: Roll call vote. Approve and Adopt resolution making findings and recommend certification of-the Final EIR to the City. Council. Agenda, PC, Monday - June 12, 2000 Page 3 PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS, ORDINANCE AMENDMENTS, AND CIRCULATION ELEMENT AMENDMENTS: 6.1.a) General Plan Amendment/Circulation Element Amendment File No. P99- (Ward 4) 0482 - North of the River Sanitation District and Kyle Carter has proposed to amend the Land Use designations from LI (Light Industrial), SI (Service Industrial) and HI (Heavy Industrial) to LR (Low Density Residential) on 64.58 acres, LMR (Low Medium Density Residential) on 91.84 acres and GC (General Commercial) on 14.48 acres. Also, to amend the Circulation Element by deleting Mohawk Street as an arterial north of Hageman Road to Olive Drive, change Hageman Road from a collector to.an arterial between Mohawk Street and Knudsen Drive, along with modifying the alignment by swinging it to the north a few hundred feet, and to establish a collector segment for Hageman Road between Knudsen Drive to State Route 99/State Route 204, generally bounded by Olive Drive on the north, State Route 99 on the east, Fruitvale Avenue on the west and Downing Road on the south. The approval of this project shall supercede any previous approvals done in the County, including any specific plan line alignments. (EIR on file)' RECOMMENDATION: Approve Roll call vote. 6.t .b) (Ward 4) Zone Change P99-0482 - North of the River Sanitation District and Kyle Carter has requested a change in zoning from an M-1 (Light Manufacturing) zone, M-2 (General Manufacturing) zone and an M-3 (Heavy Industrial) zone to an R-1 (One Family Dwelling) zone, R-2 (Limited Multiple Family Dwelling) zone and a C-2 (Regional Commercial) zone on 170.9 acres, generally bounded by Olive Drive on the north, State Route 99 on the east, Fruitvale Avenue on the west and Downing Road on the south. (EIR on file) RECOMMENDATION: Approve Roll call vote. 6.2.a) (Ward 6) General Plan Amendment P00-0234 - Castle & Cooke, CA Inc. has proposed to change the land use designation from HMR (High Medium Density Residential) to LR (Low Density Residential) on 25.41 acres, located at the northwest corner of~ Ashe Road and Panama Lane. (Negative Declaration on file) RECOMMENDATION: Approve Roll call vote. Agenda, PC, Monday - June 12, 2000 Page 4 6.2.b) (Wa~ ~ Zone Change P00-0234 - Castle & Cooke, CA INC has requested a change in zoning from an R-2 (Limited Multiple Family Dwelling) zone to an R-1 (One Family Dwelling) zone on 25.41 acres, located at the northwest corner of Ashe Road and Panama Lane. !Negative Declaration on file) RECOMMENDATION: Approve Roll call vote. 6.3.a) (Wa~ e.3.b) General Plan Amendment P00-0235 - Castle & Cooke, CA Inc. has proposed to change the land use designation from HMR (High Medium Density Residential) to LR (Low Density Residential) on 8.62 acres, generally located south of Campus Park Drive and west of Old River Road. (Negative Declaration on file) RECOMMENDATION: Approve Roll call vote. Zone Chanqe No. P00-0235 - Castle & Cooke, CA Inc. has proposed a change in zoning from a PUD (Planned Unit Development) zone to an R-1 (One Family Dwelling) zone on 65.44 acres, located south of Campus Park Drive and west of Old River Road to Mountain Vista Drive. (Negative Declaration on file) RECOMMENDATION: Approve Roll call vote. 6.4.a) (Wards 2 & 5) 6.4. b) (Wards 2 & 5) General Plan Amendment P00-0236 - Halferty Development Company LLC has proposed to change the land use designation from HMR (High Medium Density Residential) to GC (General Commercial) on 5.14 acres, located along the south side of Ming Avenue between Canter Way and Raintree Court. (Negative Declaration on file) RECOMMENDATION: Approve Roll call vote. Zone Change No. P00-0236 - Halferty Development Company LLC has proposed a change in zoning from an R-1 CH (One Family Dwelling-Church) and R-3 (Limited Multiple Family Dwelling) zone to a PCD (Planned Commercial Development) zone on 5.14 acres, located along the south side of Ming Avenue between Canter Way and Raintree Court. (Negative Declaration on file) RECOMMENDATION: Approve Roll call vote. Agenda, PC, Monday - June 12, 2000 Page 6.5.a) (Ward 4) 6.5.b) (Ward 4) General Plan Amendment P00-0238 - Karpe Real Estate has proposed to change the land use designation from GC (General Commercial) and SIR (Suburban Residential) to LMR (Low Medium Density Residential) on 3.6 +/- acres, generally located along the north side of Brimhall Road approximately 600 feet east of Jewetta Avenue. (Negative Declaration on file) RECOMMENDATION: Approve Roll call vote. Zone Change No. P00-0238 - Karpe Real Estate has proposed a change in zoning from a C-1 (Neighborhood Commercial) zone and an E (Estate) zone to an R-2 (Limited Multiple Family Dwelling) zone on 3.6 +/- acres, generally located along the north side of Brimhall Road approximately 600 feet east of Jewetta Avenue. (Negative Declaration on file) RECOMMENDATION: Approve Roll call vote. 6.6.a) (Ward 4) General Plan Amendment P00-0253 - DeWalt Corp has proposed tp change the land use designation from LR (Low Density Residential) to GC (General Commercial) on 3.93 gross acres, located on the northwest corner of Calloway Drive and Meacham Road. (Negative Declaration on file) RECOMMENDATION: Approve Roll call vote. 6.6.b) Zone Change No. P00-0253 - Dewalt Corp. has proposed a change in zoning from an R-1 (One Family Dwelling) zone to a PCD (Planned Commercial Development) zone on 3.93 gross acres, located at the northwest corner of Calloway Drive and Meacham Road. (Negative Declaration on file) (Ward 4) RECOMMENDATION: Approve Roll call vote. PUBLIC HEARING - Revised PCD Zone Change P99-0911(Cornerstone Engineering) Change in land use zoning from a PCD (Planned Commercial Development) zone to a Revised PCD (Planned Commercial Development) zone on 10.1 acres for the Bakersfield Heart Hospital to allow a helicopter landing pad (helistop); revised footprint of the two-story, 40,000 square foot hospital wing; and a three-story, 38,416 square foot medical office building. Located at 3001 Sillect Avenue (south side of Sillect Avenue, east of Buck Owens Blvd.). (Negative Declaration on file) (Continued from June '1, 2000) Agenda, PC, Monday - June 12, 2000 Page 6 (Ward 5) RECOMMENDATION: Roll call vote. Approve (Ward 3) (Ward 2) GENERAL PLAN CONSISTENCY FINDINGS 8.1) General Plan Consistency Finding for the acquisition of approximately 23 acres of land by the City of Bakersfield for a fire station, park site and future Paladino Drive right-of-way, located generally south of Paladino Drive, east of Morning Drive. (Exempt from CEQA) RECOMMENDATION: Make Finding Group Vote. 8.2) General. Plan COnsistency Finding for the acquisition of % acre of land by the City of Bakersfield for Joshua Park, located generally north of State Route 178, east of San Dimas Street. (Exempt from CEQA) RECOMMENDATION: Make Finding Group Vote. COMMUNICATIONS A) Written B) Verbal 10. COMMISSION COMMENTS A) Committees 11. June 2, 2000 ADJOURNMENT Planning Director Held June t2, 2000 12:15 p.m. City.Council Chamber, City Hall 1501 Truxtun Avenue Bakersfield, California. ROLL CALL COMMISSIONERS: Present: MICHAEL DHANENS, Chairperson STEPHEN BOYLE, Vice Chairperson TOM MCGINNIS MARTI MUNIS-KEMPER RON SPRAGUE Absent: MATHEW BRADY JEFFREY TKAC ADVISORY MEMBERS: Present: CARL HERNANDEZ, Deputy City Attorney JACK LEONARD, Assistant Building Director MARIAN SHAW, Engineer IV STAFF: Present: . STANLEY GRADY, Planning Director MARC GAUTHIER, Principal Planner 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) Agenda Item 8.'1 - Consistency Finding for acquisition of 23 acres Agenda Item 8.2 - Consistency Finding for acquisition of % acre These items will be voted on Thursday, June 15, 2000. Minutes, PC, June 12, 2000 Page 2 PUBLIC HEARING - AMENDMENT TO ORDINANCF Amendment to the text of Title 16 (Subdivisions Ordinance) of the Bakersfield ' Municipal Code (City of Bakersfield) (Exempt from CEQA) (Continued from June 1, 2000) (All Wards). - Staff report recommending approving the proposed wording as shown in the June 8 memo from the Planning Department. Commissioner Sprague asked Ms. Shaw if she had received his message regarding an addition to the paragraph and asked if it was acceptable. Ms. Shaw said "yes" that she had turned it over to Mr. Grady. Mr. Grady said that staff did have his language and that if he looked at 16.16.020 paragraph "A" it says "that a tentative map shall be submitted on paper or other acceptable mediums such as a velum or Mylar." Paragraph B of 16.16.030 (which is the one Commissioner Sprague submitted language on) says "that at the option of the applicant; electronic data may be submitted and/or written, printed -or reproduced on acceptable mediums." Mr. Grady said that It sounds like in that paragraph by adding the sentence that you would have the option of submitting one or the other or both but not that you would be required to submit it. Mr. Grady said that the ordinance is talking about two different opportunities as far as the presentation of the material. If paragraph "F" is providing that much confusion as to.our intent which is to make it an option for the applicant to submit electronic data then our preference is rather than confuse it by adding more language to it, we would prefer to delete it. Commissioner Sprague said that just for the rest of the Commissioner's information, he was asking to add "and/or written, printed or reproduced on an acceptable medium such as vellum or Mylar" so there was no confusion. . Commissioner Sprague said if that is the case, he would support deleting it. Commissioner Dhanens said at the last public hearing Mr. Mclntosh is the one that had some concerns about the language and wondered if the language had been transmitted to him? Mr. Grady said the did not think it had been transmitted to him. There were no more Commissioner comments. This item was moved until Thursday, jUne 15, 2000. ENVIRONMENTAL IMPACT REPORT - Kyle Carter Commissioner Dhanens declared a conflict of interest on thiS item as well as Agenda Items 6.1.a and 6.1.b. The chairman duties were turned over to Vice Chairman Boyle. Resolution making findings and recommending that the City Council certify.the Final EIR for General Plan Amendment/Zone Change P99-0482 whiCh has been completed in compliance with CEQA, the State EIR Guidelines and the City of Bakersfield CEQA Implementation Procedures. (Ward 4) Minutes, PC, June 12, 2000 Page 3 Staff report given for this item and Agenda Items 6.1.a and 6.1 .b. Ralph Huey, Director of the City's Environmental Services for the Fire Department, said they reviewed the chemicals being stored, the storage type containers, capacity of those containers, the locations and the risks associated with chemicals with five different facilities in the project area. Three of them are adjacent to this area and two which are in close proximity to the area. They did this study in conjunction with Kern County Fire because these facilities are located in the County as well as representatives from the five industries, a couple of their environmental consultants and specifically with an environmental consultant at "Inside Environmental Engineering." · They evaluated the "end points" (the extent of damage that would result from a couple different scenarios) and used the "worst plausible case scenario." What they found was that there were only two materials that outweighed as far as distances all the others. That was the propane from Coast Gas which was calculated at .47 miles which means beyond that .47 miles from an explosion people would not get second degree burns. Aisc, a vapor cloud explosion from the naphtha at the Equilon Facility was calculated at a one pound over pressure and that was at .45 miles. The setback information drawn on the chart are based on those calculations. Marian Shaw spoke about the Knudsen alignment. Ms. Shaw showed a xerox of the Circulation Element demonstrating to the Commission where the streets are located and wanted the Commission to be aware that the Knudsen alignment has not been changed by Kyle Carter's application. Staff is recommending approval of the project. Commissioner Sprague stated that he still has concerns about Landco Drive. One of the concerns is what happens to Landco Drive if this development does through? Does Landco Drive go through the proposed C-2 site that Mr. Carter is trying to develop as set forth in Zone Change P99-04827 Ms. Shaw said that particular roadway is not shown on the Circulation Element as being either an arterial or a collector. Portions of it are an existing street. Ms. Shaw said there is no roadway on the east side of the C-2 space..Commissioner Sprague said that on zoning map 102-15 it shows Landco going through the easterly portion of the C-2 and wanted to know if it remained if the C-2 were approved? Ms. Shaw said this would be a local road and our Circulation Element does not address those. Commissioner Sprague asked if an answer could be provided for Thursday night about the C~2 plans and whether or not there is an easement there? Ms. Shaw said "yes." · Commissioner Sprague said that in Policy 79, the EIR says that this EIR is consistent with industrial use adjacent to it. Commissioner Sprague does not agree with that and said he will be doing some more research on it before Thursday night. Commissioner Sprague asked staff about the original traffic study and whether' or not it was done on the' original 500 acres and if it was not done on the smaller acreage don't we need a new traffic study to set forth the traffic circulation element on this as proposed by deleting Mohawk? Ms. Shaw said she would reply to this on Thursday. Minutes, PC, June 12, 2000 Page 4 = Commissioner Sprague asked if there is a code requirement for setback of homes for the towers and whether or not these towers are collapsible in the event of an earthquake. Mr. Grady said that there is a requirement on railroad tracks but he does not think there is one for utility easements. Mr. Grady said they would find out by Thursday night. Commissioner.Boyle asked what the plan for Mohawk was for going south to Rosedale Highway and eventually over the Kern River prior to this project? Ms. Shaw said there were plans at least prior to the annexation to construct Mohawk from where it is at Truxtun, north across the river to the city limits. Ms. Shaw said that this project would not affect it significantly going south. Item continued until Thursday night. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED R~XONINGS, AND CIRCULATION ELEMENT AMENDMENTS- 6.1.a) General Plan Amendment/Circulation Element Amendment File No. P99 0482 - North of the RiVer Sanitation District and Kyle Carter (Ward 4) Combined with Agenda Items 5 and 6.1 .b. 6.1.b) Zone Change P99-0482 - North of the River Sanitation District and Kyl~ Carter (EIR on file) (Ward 4) Combined with Agenda Items 5 and 6. la. 6.2.a) General Plan Amendment P00-0234 - Castle & Cooke, CA Inc.(Negative Declaration on file) (Ward 6) Combined with Agenda Item 6.2.b below. 6.2.b) Zone Change P00-0234 - Castle & Cooke, CA INC-(Negative Declaration on file) (Ward 6) Staff report given recommending approval There were no Commission comments or questions. Item continued until Thursday night. Minutes, PC, June 12, 2000 Page 5 6.3.a) General Plan Amendment P00-0235 - Castle & Cooke, CA Inc. (Ward 4) Combined with Agenda Item 6.3.b below 6.3.b) 6.4.a) Zone Change No. P00-0235 - Castle & Cooke, CA Inc. (Ward 4) Staff report given recommending approval Commissioner Sprague asked staff if it' is correct that you cannot build over a canal? Mr. Grady said that is right. Commissioner Sprague asked if there is a Setback or can you build right up to where the canal is covered? Ms. Shaw said that the canal in question will not be covered. It will be relocated and will be an open canal, Commissioner Boyle asked staff why this was zoned in the past as a PUD? Mr. Grady said the aPplicant at that time was planning to do a gated residential subdivision and the applicant requested the zoning. Now the project is changing and the applicant desires to go back to single family residential. Item continued until Thursday night. General Plan Amendment P00-0236 - Halferty Development Company LLC (Wards 2 & 5) Combined with Agenda Item 6.4.b below 6.4. b) Zone Change No. P00-0236 - Halferty Development Company LLC Staff report given recommending approval Commissioner McGinnis asked if the restaurants are going _to be sit down or fast food? Mr. Gauthier said that he wasn't sure. Commissioner Sprague asked if since this was a PCD plan if it would come back to us at a later date and if they were just approving the zone change now? Mr. Grady said "no" that all of it would be approved at this time. The plan was displayed on the board. Commissioner Sprague said that he has concerns about the landscape on the south side and he would like staff to consider 36" trees and 24' on the south side against the residential as a mitigation for what's provided for in Exhibit "A." He also said he was concerned about the landscaping on the entrances to the project and the noise element on the corner with the restaurant pad. Minutes, PC, June 12, 2000 Page 6 Commissioner Dhanens asked about the site plan and landscape plan diSplayed on. the board. He said they were different and wanted to know if one of them were changed? Mr. Gauthier said the site plan was the correct one and he left the landscape plan up to show how it would look with trees. There wasn't time to do a new color landscape plan to match the new site plan. Commissioner Dhanens asked if there was a proposed list of tenants? Mr. Gauthier said he should ask the applicant as he wasn't sure. Commissioner Dhanens asked about the removal of the four, four-plex units and 'wondered why the other four-plexes were not involved. Mr. Gauthier said that they only bought so many so that they would have access to a local street. There were only so many the owners wished to sell. Commissioner Dhanens also asked if more details could be given Thursday night for ADP levels and whether or not it would be suitable to use local streets for truck's egress and ingress. He also wanted to know if a traffic study had been done for the project. Commissioner SPrague said that he would also like to know Thursday night what the radius turns for the trucks are going around the corners and coming back on Canter Way? Commissioner McGinnis asked where the access would be for commercial vehicles to service the center? Mr.' Gauthier showed him on the slide that they were adjacent to the four-plexes that were remaining. Commissioner Sprague asked if the truck ramp on major A was recessed and if itis how is the noise shielded to the residences on the south? An answer would be given on Thursday night. Item continued until Thursday night. 6.5.a) General Plan Amendment P00-0238 - Karpe Real Estate (Ward Combined with Agenda Item 6.5.b below. 6.5.b) Zone' Change No. P00-0238 - Karpe Real Estate (Ward 4) Staff report given recommending approval. There were no Commission comments or questions. Item continued until Thursday night. Minutes, PC, June 12, 2000 Page 7 6.6.a) General Plan Amendment P00-0253 - DeWalt Corp. Combined with Agenda Item 6.6.b below. (Ward 4) 6.6.b) Zone Change No. P00-0253 - Dewalt Corp. (Ward 4) Staff report given recommending approval as long as the parking shortage · could be worked out on Thursday night. Commissioner McGinnis asked how many mailings were sent out on this project and What kind of response has staff received? Mr. Gauthier said they have had minimal response and he would have to check the numbers. Commissioner Kemper asked if any of the existing trees will be retained? Mr. Gauthier said that all of the trees will be retained. They will bUild around them. Item continued until Thursday night. PUBLIC HEARING - Revised PCD Zone Change P99-0911(Cornerstone Engineering) (Ward 5) At the request of staff; this item has been continued until the Planning Commission meeting of July 6, 2000. There were no Commissioner comments or questions. The request will be voted on Thursday evening. GENERAL PLAN CONSISTENCY FINDINGS 8.1) General Plan Consistency Finding for the acquisition of approximately 23 acres of land by the City of Bakersfield for a fire station, park site and future Paladino Drive right-of-way, located generally south of Paladino Drive, east of Morning Drive. (Exempt from CEQA) (Ward3) Staff report given recommending approval. There were no Commission comments or questions. Item will be voted on the Consent Agenda on Thursday night. Minutes, PC, June 12, 2000 Page 8 8.2) General Plan Consistency Finding for the acquisition of ~ acre of land by the City of Bakersfield for Joshua Park, located generally north of State Route 178, east of San Dimas Street. (Exempt from CEQA) (Ward 2) Staff report given recommending approval. There were no Commission comments or questions. Item will be voted on the Consent Agenda on Thursday night. COMMUNICATIONS Mr. Grady announced to the Commission that we would be going live on television on July 6, 2000 and Mr. Grady passed out a memo explaining aboUt the broadcast. 1¸0. 11. June 29 2000 COMMISSION COMMENTS None ADJOURNMENT ' There being no further business to come before the Commission, the meeting was adjourned at 1:41 p.m. Rocording Secretary