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Home My WebLink About08/15/96MINUTES OF THE REGULAR MEETING OF THE - PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, August 15, I996, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: Alternate: KENNETH HERSH, Chairperson *STEPHEN BOYLE *MATHEW BRADY ROBERT ORTIZ WADE TAVORN *JEFFREY TKAC MICHAEL DHANENS Absent: DOUG DELGADO, Vice-Chairperson o ADVISORY MEMBERS: Present: LAURA MAR1NO, Assistant City Attomey DENNIS FIDLER, Building Director JACQUES LaROCHELLE, Civil Engineer IV STAFF: Present: STANLEY GRADY, Planning Director JENNIE ENG, Associate Planner JIM EGGERT, Principal Planner ISABEL WILLIAMS, Recording Secretary PUBLIC STATEMENTS No one made an5' public statements at this time. Chairman read the notice of fight to appeal as set forth on the agenda. Commissioner Boyle stated he was not at the Monday pre-meeting but obtained a copy of the tape prior to this meeting. *Commissioners Brady and Tkac indicated they were not at the Monday pre-meeting and would not be able to take part-in voting. CONSENT AGENDA ITEMS Planning Director Grady apprised Commission on a clarification to Consent item #3.6, the 140 acre parcel as indicated in the staff report is not owned by the City and striking out the last paragraph under project analysis. Chairperson Hersh read each consent agenda item. He then asked a question in reference to the 3 items, Vesting Tentative Tracts, regarding the percentage of mineral right owners signatures acquired. Minutes, PC, 8/15/96 , ,, . ~ . '.. Page 2 3. CONSENT AGENDA ITEMS (continued) Roger McIntosh representing Castle and Cooke clarified for Chairperson Hersh that that particular area is covered by an agreement between the surface owner and the mineral right holder and a waiver for miner right signatures has been filed in compliance with the ordinance. There is an old agreement between Tenneco and Tenneco Oil. 'Motion was made by Commissioner Dhanens to approve all consent items as presented. Motion was seconded by COmmissioner Boyle, and carded. 4) PUBLIC HEARING ~ NOTICE OF VIOLATION #2-96: 6601' AND 6605 DONNELL COURT ........ Staff report was given. Public hearing was opened. Attorney Kenneth Byrum representing Jeral and June Manmng commented that in March of 1980, Mr. Manning requested and received a Modification from the Board of Zoning Adjustment. The property was deeded to Mr. Manning by his neighbor. Later there a recording of that trust deed, ............................ however; a legal dispute.developed between the Manning's and ~e .Clanahan's who purchased the property in 1989. A lawsuit was filed once it was determined by the Clanahan's counsel that they were in fact aware of the existence of a quit claim deed, the Manning's then pursued a lot line adjustment but have been unable to secure cooperation to complete the lot line adjustment. They are pursuing litigation in Superior Court on this and asked for a 60 day continuance to resolve this problem. Attomey William Olcott representing Kenneth and Cathi Clanahan commented they will be going to Superior Court on this matter. Attorney Byrum acknowledged that the Planning Commission was required to make a findings whether there had been a violation of the Map Act and he had no further evidence to present, and it should further be noted that Attorney Olcott acknowledged that he was aware that the Planning Commission was required to make a finding whether there had been a violation of the map Act and he had no further evidence to present at the hearing. Public hearing was closed. Commissioner Brady asked for comment from staff regarding the 1980 Modification. Planning Director Grady commented that if Mr. Byrum has any information to collaborate, he can share it with the Commission. Attorney Byrum then passed around a Resolution from the Board of Zoning Adjustment. Planning Director Grady informed Commission that this was an application for reduction in the side yard, and does not have anything to do with violation of the division of property. Commissioner Boyle commented that the issue here is whether or not a recordation of a notice of violation should be made, and flit is determined there is a violation must this Commission act and record a notice of violation. Minutes, PC, 8/15/96 Page 3 4) PUBLIC HEARING - NOTICE OF VIOLATION//2-96; 6601 AND 6605 DONNELL COURT City Attomey Marino referred to Section 66499.30 of the Government Code and read her response. Commissioner Boyle indicated he would be willing to continue this for 60 days if both parties could resolve this matter during that time. Attorney Olcott commented his clients are willing to negotiate but could not give a specific answer. City Attomey Marino commented that another consideration for Commission if this is delayed in that there is nothing recorded and the property could be sold, leased or financed. Commissioner Boyle commented that would be fraud, and did not feel that either party would do that. · Motion was made by Commissioner Boyle to continue this matter'for 60 daYs. Motion died for lack of a second. Motion was made by COmmissioner Dhanens to adopt resolution making findings and directing the Planning Director to record the Notice of Violation under Exhibit "C" of Exhibit "1". Motion seconded by Commissioner Boyle, and camed. 5) REVISED COMPREHENSIVE SIGN PLAN #P96-0591 - HOMEBASE SHOPPING CENTER'. 6.1) 6.2) 6.3) 2125 PANAMA LANE Commissioner Boyle had a conflict of interest on this matter. Staff report recommending approval was given. Nancy Carter with Center Neon was present and amenable to staff recommendations. Motion was made by Commissioner Dhanens to adopt resolution, approving Revised Comprehensive Sign Plan No. P96-0591 with staff's recommendation that all wall signage comply with sign ordinance standards for C-1 wall signs, making all findings presented and subject to the conditions in Exhibit "A". Motion was seconded by Commissioner Ortiz, and carded. PUBLIC HEARING - VESTING TENTATIVE TRACT 5650 (PHASED) This item was approved under consent agenda. PUBLIC HEARING: VESTING TENTATIVE TRACT 5844 (PHASED) This item was approved under consent agenda. PUBLIC HEARING - VESTING TENTATIVE TRACT 5845 (PHASED) This item was approved under consent agenda. Minutes, PC, 8/15/96 Page 4 -7) PUBLIC HEARING - ORDINANCE AMENDMENT Staff report was given. Public heafin~ was opened. There was no one present wishing to speak either in favor or opposition, public hearing was closed. Commissioner Dhanens referred to Page 7 of Exhibit A, items G and K, and indicated they are both repeated in some fashion back in their respective sections on pages 14 and 15 and asked if there was a reason for that. Planning Director Grady replied that the information appears in both sections for purposes of identifying the information required for a case to be complete and the other section relates solely to streets. Motion was made by Commissioner Boyle to adopt resolution, approving the amendments with findings as presented in said resolution including memorandum dated August 15, 1996, and recommend same to the City Council. Motion was seconded by Commissioner Ortiz, and carried by the following roll call vote: Ayes: Boyle, Ortiz, Tavom, Dhanens, Hersh Abstained: Brady, Tkac 8.1) GENERAL PLAN CONSISTENCY FINDING - WEST SIDE OF MADISON DRIVE BETWEEN CASA LOMA DRIVE AND WATTS DRIVE NORTH OF THE AIRPORT RUNWAY 8.2) This item was approved under consent item. GENERAL PLAN CONSISTENCY FINDING - EAST SIDE OF AKERS ROAD BETWEEN 8.3) PINEWOOD LAKE DRIVE AND ALUM AVENUE This item was approved under consent item. GENERAL PLAN CONSISTENCY FINDING - SOUTHWEST CORNER OF SOUTH MT. 9). VERNON AVENUE AND BELLE TERRACE AVENUE This item was approved under consent item. COMMUNICATIONS A) Written None B) Verbal Planning Director Grady stated that Ex-Commissioner Milazzo will give a presentation on the river walk program at the September 5th meeting. Minutes, PC, 8/15/96 Page 5 9. B)- ---Verbal Communications (continued) Planning Director Grady invited Commission to a luncheon on August 22nd at the Hill House to listen to a presentation on high speed rail. Several of the Commission members had conflicts, therefore requested that Mr. Brummett be scheduled to speak to the Commission. Planning Director Grady will schedule him for the 2nd meeting in September. 10) COMMISSION COMMENTS Commissioner Dhanens reminded Commissioner's Ortiz and Tavom of the Monday committee meeting, and reported that the committee looking into the legal non-conforming uses has met once and perceives another meeting before coming to the Commission. Commissioner Boyle asked about the use of utility easements scheduled to be on the agenda. Chairperson Hersh informed Commissioner Boyle that it was taken off the agenda when it was thought that Commissioner Boyle would not be at tonight's meeting. Chairperson Hersh commented that it coUld be placed on the September 5th agenda. Commissioner Brady requested that staff have a possible solution or presentation when it does appear on the agenda. Commissioner Boyle was in agreement. Planning Director Grady replied that staff can assemble whatever they have to help with the discussion. Chairperson Hersh thanked Attorney Marino for the July 24th memo regarding requirements of EIR's and litigation measures was well put together. 11) DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING Planning Director Grady informed Commission there would be two items, street closure item, the river walk preseniation and discussion on utility easement. Motion was made by Commissioner Brady to cancel the Monday pre-meeting. Motion was seconded by Commissioner Boyle, and carded. Minutes, PC, 8/15/96 Page 6 12) - ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 6:15 Isabel Williams Recording Secretary Planning Director