HomeMy WebLinkAbout11/02/00 AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
Thursday, November 2, 2000
5:30 p.m.
1. ROLL CALL
NOTE:
MICHAEL DHANENS, Chairman
STEPHEN BOYLE, Vice-Chairman
MA THEW BRAD Y
MARTI MUNIS-KEMPER
TOM MCGINNIS
RON SPRAGUE
JEFFREY TKAC
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, 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appeals are withdrawn prior to the City Council hearing, it will not be conducted and the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withdrawn, the action of the Planning Commission shall become final.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 - November 2, 2000
Page 2
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)
3.3)
3.4)
3.5)
3.6)
3.7)
Agenda Item 4.1) - EOT Vesting Rights - Tract 5290 Phases A, B and C
(Mclntosh & Associates)
-Agenda Item 4.2) - EOT Vesting Rights - Tract 5822 Phases A, B and C
(Mclntosh & Associates)
Agenda Item 4.3) - EOT Vesting Rights - Tract 5827 Phases D and E
(Mclntosh & Associates)
Agenda Item 5.1) - EOT Tentative Tract 5738 (Telstar Engineering)
Agenda Item 5.2) - EOT Tentative Tract 5915 (DeWalt Corp)
Agenda Item 5.3) - EOT Tentative Tract 5916 (DeWalt Corp)
Agenda Item 5.4) - EOT Tentative Tract 5917 (DeWalt Corp)
PUBLIC HEARINGS - Extensions of Time - Vestina Riahts (Mclntosh & Associates)
4.1)
(I/Yard 4 )
Vestin; Rights Extension of Time for Tract 5290 Phases A, B and C
generally located on the southeast corner of Buena Vista Road and Chamber
Boulevard, consisting of a total of 52 lots on 29 acres, zoned R-1 (One Family
Dwelling). (Exempt from CEQA)
RECOMMENDATION:
APPROVE
Group Vote.
4.2)
(Ward 4)
Vesting Rights Extension of Time for Tract 5822 Phases A, B and C
generally located on the northwest corner of Mountain Vista Drive and White
Lane, consisting of a total of 40 lots on 24 acres, zoned R-1 (One Family
Dwelling). (Exempt from CEQA)
RECOMMENDATION:
APPROVE
Group Vote.
Agenda, PC~ Thursday - November 2, 2000
Page 3
(Ward 4 )
4.3)
Vesting Rights Extension of Time for Tract 5827 Phase D and I~ generally
located on the east side of Jewetta, south of Brimhall Road, consisting of a total
of 60 lots on 20.7 acres, zoned R-1 (One Family Dwelling). (Exempt from
CEQA) '
RECOMMENDATION:
APPROVE
Group Vote.
. 5. ·
(Ward
(Ward 6)
(Ward
PUBLIC HEARINGS - Extensions of Time
5.1)
Extension of Time for Tentative Tract 5738 (Telstar Engineering)
Containing 504 lots on 120 acres, Zoned R-1 (One Family Dwelling) and PCD
(Planned Commercial Development), located on the west side of South "H"
Street on both sides of Berkshire Road. (Negative Declaration on file)
RECOMMENDATION:
APPROVE
Group Vote.
5.2)
Extension of Time for Tentative Tract 591~; (DeWalt. Corporation)
Containing 5 lots on 74.52 acres, zoned R-1 (One Family Dwelling) and R-2
(Limited Multiple Family Dwelling), located between Olive Drive and Hageman
Road and between RiverLakes Drive and the Friant-Kern Canal. (Negative
Declaration on file)
RECOMMENDATION:
APPROVE
GrouP Vote.
6.3)
Extension of Time for Tentative Tract 591~ (DeWalt Corporation)
Containing 5 lots on 135.27 acres, zoned R~I (One Family Dwelling), located
between Olive Drive and Norris Road and between Coffee Road and Calloway
Drive. (Negative Declaration on file)
RECOMMENDATION:
APPROVE
Group Vote.
Agenda, PC, Thursday ' November 2, 2000
Page 4
(Ward 6)
5.4)
Extension of Time for Tentative Tract 5917 (DeWalt Corporation)
Containing 5 lots on 78.56 acres, zoned R-1 (One Family Dwelling), R-2 (Limited
Multiple Family Dwelling) and C-1 (Neighborhood Commercial), located between
Olive Drive and Hageman Road and between the Calloway Canal and Calloway
Drive. (Negative Declaration on file)
RECOMMENDATION:
APPROVE
Group Vote.
(Ward 4)
PUBLIC HEARING -Vestinq Tentative Parcel Map 1073n (DeWalt Corp)
Containing 9 parcels on 17.2 acres for commerCial shopping center development
purposes, zoned C-1 (Neighborhood Commercial), located on the northeast corner of
Calloway Drive and Hageman Road. (Negative Declaration on file)
RECOMMENDATION:
APPROVE
Group Vote.
(Ward 1)
PUBLIC HEARING - Zone Change P00-069_~ (Milazzo and Associates)
Zone change from an R-2 (Limited Multiple Family Dwelling) zone to an R-2 CH
(Limited Multiple Family Dwelling-Church) zone on approximately 5 acres to allow
development of the site as a church, located on the east side of Lotus Lane,
approximately 1/4 mile north of Watts Drive. (Negative Declaration on file)
RECOMMENDATION:
APPROVE
Roll Call Vote
J
COMMUNICATIONS
A) Written
B) Verbal
COMMISSION COMMENTS
A) Committees
Agenda, PC, Thursday - November 2, 2000
Page 5
10.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THF
NEXT PRE-MEETING.
11, ADJOURNMENT
October 20, 2000
Planning Director
Held
November 2, 2000
5:30 p.m.
city Council Chamber, City Hall
1501 Truxtun Avenue
Bakersfield, California.
ROLL CALL
COMMISSIONERS:
Present:
STEPHEN BOYLE, Vice Chairperson
MATHEW BRADY
TOM MCGINNIS
MARTI MUNIS-KEMPER
RON SPRAGUE
JEFFREY TKAC .~-
Absent:
MICHAEL DHANENS
ADVISORY MEMBERS:
Present:
CARL HERNANDEZ, Assistant City Attorney
DENNIS FIDLER, Building Director
MARIAN SHAW, Engineer IV
Staff:
Present:
STANLEY GRADY, Planning Director
JAMES MOVIUS, Principal Planner
PAM TOWNSEND, Recording Secretary
In the absence of Chairman Dhanens, Vice Chairman Boyle chaired the meeting.
PUBLIC STATEMENTS
None
CONSENT AGENDA ITEMS
3.1) Agenda Item 4.1) - EOT Vesting Rights - Tract 5290 Phases A, B and C
(Mclntosh & Associates)
Minutes, PC, November 2, 2000
Page 2
3.2)
3.3)
3.4)
3.s)
3.6)
3.7)
Agenda Item 4.2) - EOT Vesting Rights - Tract 5822 Phases A, B and C
(Mclntosh & Associates)
Agenda Item 4.3) - EOT Vesting Rights - Tract 5827 Phases D and E
(Mclntosh & Associates)
Agenda Item 5.1) - EOT Tentative Tract 5738 (Telstar Engineering)
Agenda Item 5.2) - EOT Tentative Tract 5915 (DeWalt Corp)
Agenda Item 5.3) - EOT Tentative Tract 5916 (DeWalt Corp)
Agenda Item 5.4) - EOT Tentative Tract 5917 (DeWalt Corp) '
A motion was made by Commissioner Kemper, seconded by Commissioner Tkac, to
approve the Consent Agenda items. Motion carried.
4.2)
4.3)
PUBLIC HEARINGS - Extensions of Time - Vesting Rights (Mclntosh & Associates)
4.1) Vesting Rights Extension of Time for Tract 5290 Phases A, B and C _(Ward4)
See Consent Agenda
Vesting Rights Extension of Time for Tract 5822 Phases A, B and C (Ward,~)
See Consent Agenda
Vesting Rights EXtension of Time for Tract 5827 Phase D and E (Ward4)
See Consent Agenda
PUBLIC HEARINGS - Extensions of Time
5.1) Extension of Time for Tentative Tract 5738 (Telstar Engineering) (Ward 7)
See Consent Agenda
5.2) Extension of Time for Tentative Tract 5915 (DeWalt Corporation) (Ward
See Consent Agenda
Extension of Time for Tentative Tract 5916 (DeWalt Corporation) (Ward
See Consent Agenda
Extension of Time for Tentative Tract 5917 (DeWalt Corporation) (Ward
See Consent Agenda
5.3)
5.4)
Minutes, PC, .November 2, 2000
Page 3
PUBLIC HEARING -Vesting Tentative Parcel Map 10730 (DeWalt Corp) (Ward 4)
Staff report given recommending approval with the conditions attached to resolution
and the memorandums from the Public Works and Planning Departments.
Public portion of the meeting was opened. No one spoke in opposition.
Kathy Fritz from DeWalt Corporation, representing the applicant, stated that they had
reviewed the conditions of approval and requested a few changes from both the Public
Works Department and the Planning Department. They have reached an agreement
with the two departments and request the. Commission approve .the project as it is
presented to them today with the memorandums on the conditions.
Public portion of the meeting was closed.
Commissioner Brady 'asked Public Works to give a brief run down of the memorandum.
Ms. Shaw went over the memorandum and said that most of the condition changes are
reflecting some clarifications with regard to their entrances, what type of access they
will be allowed and the locations of the right turn deceleration lanes.
Commissioner Sprague asked if there is a 500 foot surface waiver on this parcel or if
there is a designated drill parcel that relates to this parcel as far as the surface waivers
on the mineral rights? Mr. Grady said there is no drill site on this property but the
applicant is requesting the Planning Commission approve waiver of mineral rights
signatures on the map because the title report has indicated that mineral rights owners
have waived' their rights to the surface.
Kathy Fritz said there is a 500 foot surface waiver on the site.
Commissioner Sprague asked about the C-1 zone on the corner and whether they
would have to come back to the Commission if they wanted to build a mini-market on
the site? Mr. Grady said they could only build on the site what is allowed in a C-1 zone.
Motion was made by Commissioner Brady, seconded by Commissioner McGinnis, to
approve and adopt the Negative Declaration and approve Vesting Tentative Parcel Map
10730 with findings and conditions set forth in attached resolution Exhibit "A" and
incorporating the changes shown in the Planning Director's memorandum dated
October 30, 2000, and the Public Works memorandum dated October 25, 2000.
Motion carried.
7. PUBLIC HEARING - Zone Change P00-0695 (Milazzo and Associates) (Ward
Staff report given recommending approval.
Minutes, PC, November 2, 2000
Page 4
Public portion of the meeting was opened. No one spoke in opposition.
Ken Swenson, representing Milazzo and Associates, asked the Commission to approve
the project and is available to answer any questions the Commission might have.
Public portion of the meeting was closed.
Motion was made by Commissioner Sprague, seconded by Commissioner Tkac, to
approve and adopt the Negative Declaration and approve Zone Change P00-0695
with the findings and conditions set forth in attached resolution Exhibit "A."
Motion was carried by the following roll call vote:
AYES:
NOES
ABSENT:
Commissioners Brady, Kemper, McGinnis, Sprague, Tkac, Boyle
None
Commissioner Dhanens
COMMUNICATIONS
None
COMMISSION COMMENTS
Commissioner Brady gave a report on the Canal Fencing Committee. He said they met
today and are going forward with a compromised position that they hope to finalize at
the next meeting on November 16. They have had goodinput from the building
industry, the water districts and staff and he believes they will reach a good
compromise that will move canal fencing forward with a good solid ordinance.
Commissioner Boyle asked Mr. Grady if the Urban Development Committee for the City
Council had a chance to consider the ordinance suggestions that they have been
discussing on their committee for landscaping? Mr. Grady said they will hear those
items on November 13.
10. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THF
NEXT PRE-MEETING.
Mr. Grady stated that there are three items that may be of interest that the Commission
might want to review in a pre-meeting. The Commission decided to hold a pre-meeting
on November 13, 2000.
Minutes, PC, November 2, 2000
Page 5.
11.
ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 5:45 p.m.
Pam Townsend, Recording Secretary
November 15, 2000