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Home My WebLink About12/07/95MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, December 7, 1995, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: JEFF ANDREW, Chairperson DOUG DELGADO, Vice-Chairperson STEPHEN BOYLE MATHEW BRADY KENNETH HERSH ROBERT ORTIZ WADE TAVORN Absent: MICHAEL DHANENS Alternate ADVISORY MEMBERS: Present: CARL HERNANDEZ, Deputy City Attorney JACK LaROCHELLE, Engineer IV DENNIS FIDLER, Building Director STAFF: Present: STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary 2~ PUBLIC STATEMENTS No one made any public statements at this time. Chairman read the notice of right to appeal as set forth on the agenda. 3. CONSENT AGENDA ITEMS 1) Agenda Item #7. - General Plan Consistency Finding Motion was made by Commissioner Hersh, seconded by Commissioner Ortiz to approve consent agenda. Motion carried. Migutes, PC, 12/7/95 4. APPROVAL OF MINUTES Page 2 Motion was made by Commissioner Brady, seconded by Commissioner Ortiz to approve minutes of the regular meetings held September 21, and October 16, 1995. Motion carried. 5.1 PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE PARCEL MAP 10031 Staff report recommending approval of a one-year extension of time was given. Public portion of the hearing was opened; no one spoke in favor or opposition. *Commissioner Boyle was seated. Wayne Deifel represented the applicant. He stated his opposition to staff's recommendation that this be approved for one year only. He stated because of the slow economy it has been very difficult to attract a major commercial store as a base tenant for this site. This would be necessary to ensure the success of the proposed shopping center. All conditions with regard to fees state that they would be the appropriate fee at the time of development, therefore the city would not be in danger of losing money. He said the 3-year extension would save time and money on the part of his client. He stated agreement with conditions of approval. Public portion of the hearing was closed. Responding to question by Chairman Andrew, Mr. Grady said the Map Act does not permit the placement of conditions on extensions of time except in the case of agreement on the part of the applicant. However the commission has the authority to request conditions based on changes which have occurred be agreed to by the applicant. If the applicant does not agree the extension of time can be denied. He stated there are proposed changes to the traffic impact fee which could not be placed on this project if it were extended 3 years. There is also the possibility that at any given time ordinances can be worked on to improve the ability to mitigate project impacts or improve development standards for projects which could not be placed on maps on which time has been extended. This was the reason for staff's recommendation that it only be extended one year. Responding to questions by Commissioner Brady, Mr. Grady outlined the process and fee for requesting extension of time. Mi0utes, PC, 12/7/95 Page 3 Responding to question by Commissioner Brady, Mr. LaRochelle stated he expected adoption of the proposed ordinance changing traffic impact fees to be in effect some time in March, 1996. He stated he had no estimate for increase in fees for commercial development, however residential development would almost double. He stated widening of the interchange of Panama Lane and Freeway 99 will have to be done at a cost of $2 to $2.5 million which is a large result of this proposed tract. Responding to question by Commissioner Andrew, Mr. Grady said if the increase in impact fees is in place in March it could be charged at the time a second year extension is before the Commission for hearing. Commissioner Boyle felt the rationale for not approving the 3-year extension is so that the applicant can be charged additional fees, stating he was not comfortable with this rationale. He felt the motivation was not to protect the neighborhood but to protect a fee increase. He stated he would be in favor of granting the request to either minimum of two years or three years. Commissioner Hersh stated he had a problem with approving an extension of time for 3 years because of an issue in the southwest in which zoning has been in place for 27 years. He stated his agreement with an extension but not for 3 years, saying he would tend to agree with staff's recommendation because it affords the city better control. Commissioner Delgado concurred with Commissioner Hersh's statements regarding this issue. He said he would prefer a one-year extension, however could agree with a two-year extension. Motion was made by Commissioner Brady, seconded by Commissioner Hersh to adopt resolution making all findings set forth in the staff report, and to approve a two year extension of time to expire on November 17, 1997 for Tentative Parcel Map 10031 subject to the conditions outlined in the Exhibit "A." Motion carried. 5.2 PUBLIC HEARING - EXTENSION OF TIME - VESTING TENTATIVE TRACT 5716 (PHASED) This item was withdrawn. Responding to question by Commissioner Hersh, Mr. Grady stated since this item is withdrawn there is no longer a project before the Commission. Minu't~s, PC, 12/7/95 6. PUBLIC HEARINGS - VESTING TENTATIVE TRACT 5425 Staff report recommending approval was given. Mr. Lee stated a memo was submitted from the Public Works Department recommending changes to conditions. Page 4 o Public portion of the hearing was opened; no one spoke in opposition or in favor. Roger Mclntosh represented the applicant. He stated concurrence with staff recommendation and conditions, including condition changes outlined in Public Works Department memo dated December 6, 1995. Public portion of the hearing was closed. Motion was made by Commissioner Hersh, seconded by Commissioner Brady to adopt resolution approving and adopting the Negative Declaration, to make all findings set forth in the staff report, and to approve Proposed Vesting Tentative Tract 5425 subject to the conditions outlined in the Exhibit "A," with amendments outlined in the Public Works memo dated December 6, 1995. Motion carried. GENERAL PLAN CONSISTENCY FINDING - VACATION OF 2 PEDESTRIAN WALKWAYS CONNECTING JULIAN AVENUE AND SAN RAMON COURT TO HUGHES LANE This item was approved as a consent agenda item. COMMUNICATIONS A) Written None B) Verbal None o COMMISSION COMMENTS He asked when items are placed on the agenda, if it is the prerogative of the commission whether they may act on them. Is it automatic that the applicant can withdraw completely. Mr. Grady said if the applicant has withdrawn there is no decision for the commission to make. Mint/'t~s, PC, 12/7/95 Page 5 A. Committees Commissioner Hersh stated a subdivision committee meeting would be ~held the following week. Chairman Andrew informed the commission the sign committee met regarding the kiosk sign program and the ordinance should be finalized after the next meeting. Chairman Andrew stated regarding a committee to be appointed concerning the Hillside Ordinance that he would appoint Commissioners Dhanens, Tavorn and Ortiz, with Commissioner Dhanens as Chair. 10. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF 11. THE NEXT PRE-MEETING. This pre-meeting was not canceled. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 6:00 p.m. Laurie Davis Recording Secretary Planning Director ~ STANLEY GR~D~, ecretary