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HomeMy WebLinkAbout09/18/00Council Chamber, City Hall Monday, September 18, 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. 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. Agenda, PC, Monday - September 18, 2000 Page 2 4. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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 on the agenda. If not, the public hearing will be opened and the items acted on as a group. 3.1) 3.2) Agenda Item 4) - Minutes of August 17, 2000, Planning Commission meeting. Agenda Item 7) - Consistency Finding for the vacation of 6,144 square feet of surplus property. APPROVAL OF MINUTES Approval of minutes of the regular meeting held August 17, 2000. (Ward 3) ENVIRONMENTAL IMPACT REPORT - Mountain View Bravo, LLC Resolution making findings and recommending that the City Council certify the Final EIR for General Plan Amendment/Zone Change P99-0647 which has been completed in compliance with CEQA, the State EIR Guidelines and the City of Bakersfield CEQA Implementation Procedures. RECOMMENDATION: Continue until October 5, 2000. Roll call vote. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS, ORDINANCE AMENDMENTS, AND CIRCULATION ELEMENT AMENDMENTS' 6.t.a) General Plan Amendment/Circulation Element Amendment File No. P99- (Ward 3) 0647 - Mountain View Bravo, LLC has proposed to amend the land use designations from MUC (Mixed Use Commercial), LR (Low Density Residential) and HR (High Density Residential) to GC (General Commercial) on 96.90 acres and from MUC (Mixed Use Commercial) and LMR (Low Medium Density Residential) to HR (High Density Residential) on 65.50 acres, an amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan establishing new arterial and collector street alignments within the development site, located between Paladino Drive, State Route 178, Masterson Street and Vineland Road. (EIR on file) Agenda, PC, Monday - September 18, 2000 Page 3 6.1.b) (Ward 3) RECOMMENDATION: Continue until October 5, 2000 Roll call vote. Zone Change P99-0647 - Mountain View Bravo, LLC has requested a change in zoning from an A (Agriculture) and R-1 (One Family Dwelling) zones to a C-2 (Regional Commercial) zone on 96.9 acres; from an A to R-1 zone on 500 acres; and from an A and R-1 to R-3 (Limited Multiple Family Dwelling) zones on 65.5 acres, located between Paladino Drive, State Route 178, Masterson Street. and Vineland Road. (EIR on file) RECOMMENDATION: Continue until October 5, 2000 Roll call vote. 6.2.a) (Ward 6) 6.2.b) (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: Application withdrawn Roll call vOte. 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: Application withdrawn Roll call vote. 6.3) (Ward 6) General Plan Amendment P00-0468 - Castle & Cooke CA, Inc. has proposed to change the land use designation from HMR (High Medium Density Residential) to LMR (Low Medium Density Residential) on 27.91acres, generally located on the north side of Ming Avenue (extended), west side of Buena Vista Road and on the south side of the Kern River Canal. (Negative Declaration on file) RECOMMENDATION: Continue until December 21, 2000 Roll call vote. Agenda, PC, Monday - September 18, 2000 Page 4 6.4.a) (Ward 4) General Plan Amendment P00-0474 - Lone Pine Farms and Richard Froehlich has proposed to change the land use designation from LMR (Low Medium Density. Residential), SR (Suburban Residential), GC (General Commercial) and R-MP (Resource-Mineral Petroleum) to GC and SR on 33 acres, located along the north side of Brimhall Road, generally south of Rosedale Highway, between Allen Road and Jenkins Road (Negative Declaration on file) RECOMMENDATION: Approve Roll call vote. 6.4. b) (Ward Zone Change No. P00-0474 - Lone Pine Farms and Richard Froehlich has proposed a change in zoning from a C-1 (Neighborhood Commercial) and R-2 (Limited Multiple Family Dwelling) zones to an E (Estate) zone on approximately 10 acres, and from an E (Estate) zone to a C-2 (Regional Commercial) zone on 12.5 acres, located along the north side of Brimhall Road, generally south of Rosedale Highway, between Allen Road and Jenkins Road. (Negative Declaration on file) RECOMMENDATION: Approve Roll call vote; 6.5.a) (Ward 4) General Plan Amendment P00-0477 - Castle and Cooke CA, Inc. has proposed to change the land use designation from LR (Low Density Residential) to GC (General Commercial) on 1.29 acres; HMR (High Medium'Density Residential) to LR (Low Density Residential) on 10.63 acres; GC to LR on 0.58 acres; GC to HMR on 2.66 acres; LR to HMR on 6.14 acres and OS-P (Open Space-Parks) to LR on 81.11 acres; Circulation Element Amendment to delete Vermillion Drive and Old Farm Road (extended) as collectors, extend Jewetta Avenue as a collector from Brimhall Road to Stockdale Highway, located south of Brimhall Road between the Kern River Freeway Specific Plan Line, Cross Valley Canal, Stockdale Highway, Calloway Drive and Allen Road. (Negative Declaration on file) RECOMMENDATION: Approve Roll call vote. Agenda, PC, Monday - September 18, 2000 Page 5 6.5.b) (Ward 4) Zone Change No. P00-0477- Castle and Cooke CA, Inc. has proposed a change in zoning from a R-1 (One Family Dwelling) to a C-2 (Regional Commercial) zone on 1.29 acres; an R-2 (Limited Multiple Family Dwelling) to an R-1 (One Family Dwelling) zone on 10.63 acres; a C-2 to an R-2 zone on 2.66 acres; a C-2 to an R-1 zone on 0.58 acres; an R-1 to an R-2 zone on 6.14 acres; and a P.U.D. (Planned Unit Development) zone to an R-1 zone on 224.15 acres, located south of Brimhall Road between the Kern River Freeway Specific Plan Line, Cross Valley Canal, Stockdale Highway, Calloway Drive and Allen Road. (Negative Declaration on file) RECOMMENDATION: Approve Roll call vote. 7. (Ward 1) GENERAL PLAN CONSISTENCY FINDING for the vacation of 6,144 square feet of surplus property owned by the City of Bakersfield. Said property is located along Hayes Street, between East Brundage Lane and State Route 58 RECOMMENDATION: Make Finding Group Vote. COMMUNICATIONS A) Written B) Verbal COMMISSION COMMENTS A) Committees 10. ADJOURNMENT September'11, 2000 Held September 18, 2000 12:15 p.m. City Council Chamber, City Hall 1501 Truxtun Avenue Bakersfield, California. ROLL CALL COMMISSIONERS: Present: MICHAEL DHANENS, Chairperson MATHEW BRADY TOM MCGINNIS MARTI MUNIS-KEMPER RoN SPRAGUE JEFFREY TKAC Absent: STEPHEN BOYLE, Vice Chairperson AD VISORY MEMBERS: Present:. CARL HERNANDEZ, Assistant City Attorney JACK LEONARD, Assistant Building Director MARIAN SHAW, Engineer IV Staff: Present: STANLEY GRADY, Planning Director MARC GAUTHIER, Principal Planner PAM TOWNSEND, Recording Secretary PUBLIC STATEMENTS None Chairman Dhanens read the Notice of the Right to Appeal CONSENT AGENDA ITEMS 3.1)' 3.2) Agenda Item 4) - Minutes of August 17, 2000, Planning commission meeting. Agenda Item 7) - Consistency Finding for the vacation of 6,144 square feet of surplus property. These items will be voted on Thursday, September 21, 2000. Minutes, PC, September 18, 2000 Page 2 APPROVAL OF MINUTES ApprOval Of.minUtes of the regular meeting held August 17, 2000. This item will be voted on ThUrsday night. ENVIRONMENTAL IMPACT REPORT - Mountain View Bravo, LLC Resolution making findings and recommending that the City Council certify the Final EIR for General Plan Amendment/Zone Change P99-0647 which has been completed in compliance with CEQA, the State EIR Guidelines and the City of Bakersfield CEQA Implementation Procedures. (Ward3) Staff is requesting this item be continued until October 5, 2000. Public portion of the hearing was opened. Item continued until ThUrsday night. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS, ORDINANCE AMENDMENTS, AND CIRCULATION ELEMENT AMENDMENTS: 6.1.a) General Plan Amendment/Circulation Element.~.mendment File No. P99- 6.1.b) 0647 - Mountain View Bravo, LLC (Ward3) Combined with items 5 and 6.1.b. Zone Change P99-0647 - Mountain View Bravo, LLC (ward Combined with items 5 and 6.1.a 6.2.a) General Plan Amendment P00-0234 - Castle & Cooke CA, Inc. (Ward The applicant is requesting that this item be withdrawn. Public portion of the hearing was opened. Item continued until Thursday night. 6.2.b) Zone Change P00-0234 - Castle & Cooke CA, Inc. (Ward Combined with item and 6.2.a Minutes, PC, September t8, 2000 Page 3 6.3) General Plan Amendment P00-0468 - Castle & Cooke CA, Inc. Applicant is requesting a continuance until December 21, 2000. Public portion of the hearing was opened. Item continued until Thursday night. (Ward 6.4.a) 6.4. b) General Plan Amendment P00-0474 - Lone Pine Farms and Richard Froehlich (Ward 4) Combined with 6.4.b below. Zone Change No. P00-0474 - Lone Pine Farms and Richard Froehlich (Ward 4) Staff report given recommending approval. Commissioner Sprague asked if we could downgrade a seven acre requirement in the county for drill islands in the city without the annexation occurring? Mr. Gauthier said "no, you can't" but these conditions in the general plan amendment and zone change are very typical of pre-zoning that you sometimes see as property comes into the City of Bakersfield. It is subject to the property coming into the City. If it doesn't, the Commission's decision will not be effective. Commissioner Sprague asked if we needed something in writing from the mineral right holders allowing for a reduction or location of those drill islands. Mr. Gauthier said "you do not." He also asked if there is a 500 foot surface waiver on the property? Mr. Gauthier said that he would ask his county counterparts if that is the case. The county has looked at the project and did not inform him of any issues regarding drill islands. Commissioner Sprague asked if the property to the west of the proposed commercial is currently zoned A? Mr. Gauthier said the zone map attached to the staff report would show that information. He did not have a copy of it with him. Commissioner Sprague said that he would recommend a PCD on this project in- lieu of the C-2. Mr. Grady pointed out on the map the property to the west already has an approved subdivision with Estate size lots that was approved by the Planning Commission. Minutes, PC, SePtember 18, 2000 Page 4 Commissioner McGinnis asked for an aerial of the existing shopping center at ROsedale and Allen Roads? Mr. Gauthier said they would provide one for Thursday night. Commissioner McGinnis asked how the project would be affected by traffic if the Kern-River Freeway does not come to fruitation? Also, do we have a timetable on the freeway? Mr. Gauthier said that the Kern River Freeway will happen. The timing is depended upon the State and funding. It will go in and serve this area and its development. CommissiOner Brady asked staff to provide the map that has been approved on the northern half of the project. He also asked if this property has been included in any project EIRs? Mr. Grady said that he was not aware of any. Commissioner Brady asked if any EIRs had been performed within 1/4 of'a mile of this project? Mr. Gauthier said that South of Brimhall and Western Rosedale and perhaps Rosedale Ranch but if they didn't have a specific EIR for this then Mr. Gauthier thought it was inside Western Rosedale and he would know by Thursday. Commissioner Brady said that he would like to have that checked for traffic impacts, mitigation and considerations and whether if there was anything about those EIRs that this project may impact. Commissioner Brady asked about Brimhall Road. Mr. Gauthier said that it goes to a collector east of Calloway but is an arterial for this segment. Commissioner Brady asked to see a drawing of the intersection where the existing C-2 is and what is anticipated for that intersection. Ms. Shaw said that since Brimhall and Allen are both arterials, what you will see there is a typical expanded intersection. The lanes will line up across the intersection. Commissioner Brady asked if there were existing sewer hookups for this project? Mr. Gauthier said there will be a sewer trunk line through Brimhall west of Allen Road. Ms. Shaw said there is an existing Allen Road trunk line which will be extended up to Palm Avenue. It will be done within the next 12 to 18 months. Commissioner Sprague asked if the trunk line goes through will it service just the commercial or will the homes be able to tap into the line? Mr. Gauthier said it is not just a commercial line and asked.Mr. Leonard about it being mandatOry to hookup to the sewer if there is one available if you are building in the city? Mr. Leonard said that if it is within 1,000 feet they are required to hookup to the sewer. Mr. Leonard said that existing septic tanks are not required to hookup. Commissioner SPrague asked what the cost of the permit is if a property is converted from septic to sewer? Mr. Leonard said hewould find out for Thursday night, There were n° other Commissioner comments. Item continued Until Thursday night. Minutes, PC, September 18, 2000 Page 5 6.5.a) 6.5. b) General Plan Amendment P00-0477 - Castle and Cooke CA, Inc. Combined with 6.4.b below. Zone Change No. P00-0477- Castle and Cooke CA, Inc. (Ward 4) Staff report given recommending approval. Commissioner Sprague asked about the area designated PUD to R-1 and wanted to know if that area was for percolation or farmed? Mr. Gauthier said it was farmed in carrots for at least the last decade. commissioner Brady asked if there had ever been an EIR on this property? Mr. Gauthier said that everything north of the Kern River Freeway and west of the Rio Bravo Canal is subject to the Brimhall South EIR done in 1997. There has not been an EIR done in the last ten years to this piece of property. There were no other Commissioner comments. Item continued until. Thursday night. GENERAL PLAN CONSISTENCY FINDING for the vacation of 6,144 square feet of surplus property owned by the City of Bakersfield. Said property is located along Hayes Street, between East Brundage Lane and State Route 58. (Ward l) Staff report given recommending approval. There were no Commissioner comments or questions. Item will be voted on the Consent Agenda on Thursday night. COMMUNICATIONS Mr. Grady said the Commission should have a memorandum .dated September 12 in · response to a condition on a subdivision map. It is an advisory memorandum. After the hearing was over, staff determined that there was an agreement in place between the applicant and the city that effected what they could and could not do to a certain condition. What the applicant's representative had requested was not consistent with that agreement. He wasn't aware of the agreement at the time of the hearing and it was-brought to his attention by RiverLakes Ranch. The memorandum contains the correct language for that condition and advising the Commission that because it is not consistent with an approved agreement between the City Council and RiverLakes Ranch, the condition requested by the applicant is voided andwill be replaced with the language from the agreement. - Minutes, PC, september 18, 2000 Page 6 10. COMMISSION COMMENTS There were no Commission comments. 11. ADJOURNMENT October 4, 2000 There being no fUrther business to come before the Commission, the meeting was adjourned at 1:09 p.m. Pam Townsend, Recording Secretary Planning Director I /