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Home My WebLink About06/20/96MINUTES OF THE REGULAR MEETING ' OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, June 20, 1996, 5 p.m., City Council Chamber, City Hall, 1501 TrUxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: Absent: KENNETH HERSH, Chairperson DOUG DELGADO, Vice-Chairperson STEPHEN BOYLE MATHEW BRADY ROBERT ORTIZ WADE TAVORN MICHAEL DHANENS JEFFREY TKAC ADVISORY MEMBERS: Present: LAURA MARINO, Assistant City Attorney DENNIS FIDLER, Building Director JACQUES LaROCHELLE, Civil Engineer IV STAFF: Present: STANLEY GRADY, Planning Director MARC GAUTHIER, Principal Planner JENNIE ENG, Associate Planner ISABEL WILLIAMS, Recording Secretary PUBLIC STATEMENTS Eric Powers to speak on city proposed amendment to the Land Use Element on So. Mt. Vernon Avenue. Jill Kleiss will speak on Agenda Item #3, Ming and Gosford property. Chairman read the notice of right to appeal as set forth on the agenda. Minutes, PC, 6/20/96 Page 2 3. CONSENT AGENDA ITEMS 1) Agenda Item #10 - General plan consistency finding for acquisition of property on the south side of Truxtun Avenue extension, west of Oak Street, for street widening purposes. Motion was made .by Member Delgado to make a finding pursuant to Government Code Section 65402, that the proposed acquisition by the City is consistent with the Metropolitan Bakersfield 2010 General Plan. 4.1)PUBLIC HEARING - VESTING TENTATIVE PARCEL MAP 10311 Staff report recommending approval was given. Public hearing was opened. Roger McIntosh represented Castle and Cooke California, Inc. He stated he was amenable to the memos from Public Works dated June 13, and Traffic Engineer dated June 20, 1996, and the additional memo from the Planning Department regarding fire. There being no others wishing to speak, public hearing was closed. Motion was made by Commissioner Brady to approve and adopt the Negative Declaration, to make all findings set forth in the staff report, and to approve Vesting Tentative Parcel Map 10311 subject to the conditions outlined in Exhibit "A", in addition to the Memo from Jacque LaRochelle, dated May 13, 1996 as modified by keeping in paragraph #2, a waiver of direct access tights to Gosford Road shall be required and incorporating the Public Works Memo dated June 20, 1996. Motion was seconded by Commissioner Ortiz. Motion carried. 4.2) PUBLIC HEARING - VESTING TENTATIVE PARCEL MAP 10299 Staff report recommending approval was given. Public heating was opened. Roger McIntosh representing the aPplicant was amenable to the staff report recommendation and memos submitted to Commission. Commissioner Dhanens referred to Planning Department memorandum regarding Condition #11, project must revert to the Kern River Parkway Plan Element, and asked if this would come back to Commission. Minutes, PC, 6/20/96 Page 3 4.2) VESTING TENTATIVE PARCEL MAP 10299 (continued) Planning Director, Stanley Grady replied that the Kern River Plan does not require that the property be developed as a P.C.D. Commissioner Tavorn asked about the traffic level of service along Stockdale Highway. Jacques LaRochelle replied that the service along Stockdale Highway at Buena Vista is at a level service of either C or B. There are mitigations required for future traffic. Commissioner Boyle asked Mr. McIntosh if this design was reviewed with the Kern River Parkway Committee. Mr. McIntosh replied that it has been. Commissioner Boyle stated he was concerned about Condition #11 further stating that the future of the city is going to be dramatically impacted by the Kern River and the planning for that should be carefully considered, and stated his support for this project since the Kern River Parkway Committee was in agreement. Chairman Hersh stated that it is hard to understand how a Negative Declaration is recommended for approval because of the Kit Fox and riparian growth. He too was concerned about Condition #11 since this is right on the Kern River. Planning Director Grady replied that most of the concerns about design and how it will interface with the Kern River is in the Kern River Plan. Condition 11 simply states that the condition through Site Plan Review will be applied to development in this particular area. Kit Fox is not an issue here, the issue is riparian area. Chairman Hersh stated he still has a concern and will look at this project with great interest and will probably be a pilot for future development along the Kern River. Motion was made by commissioner Dhanens to approve and adopt the Negative Declaration, to make all findings set forth in the staff report, and to approve proposed Vesting Tentative Parcel Map 10299, subject to the conditions outlined in Exhibit "A" of the staff report with changes noted in memorandums from the Planning Department and Public Works dated June 20th and June 17th, and from the Traffic Engineer dated June 20th. Motion was seconded by .Commissioner Brady, and carried. Minutes, PC, 6/20/96 Page 4 4.3) PUBLIC HEARING - VESTING TENTATIVE PARCEL MAP 10313 Staff report recommending approval was given. Public heating was opened. Jill Kleiss asked that consideration be given to have a wall built surrounding the property to maintain the integrity of the community. She also asked about the future of the power line properties. Roger MclntoSh representing Castle & Cooke California, Inc., concurred with the staff report and the conditions of approval. He further stated that the goals and policies of the 2010 Plan are being met without a wall being required. Public heating was closed. Commissioner Boyle asked if this project should require an acceleration lane leaving this project and going East. Jacque LaRochelle replied that he did not know of another project where a requirement has been placed regarding an acceleration lane. Commissioner Brady stated that he like the berm with the green and the landscaping better than a wall which would stifle the creativity of the project. He also stated that a policy should be made. regarding ~he effective use of easements where there are power lines and recommended that the developer use the easement. Commissioner Delgado commented that he likes the idea of berms but also likes the consistency of a wall but if there is no basis for requiting that then he would support the recommendation that has been presented. Commissioner Dhanens stated he would not be in favor of putting a wall in this particular parcel. Commissioner Boyle stated he likes the wall for consistency purposes as well as for safety. Although since this has not been conditioned of other developers he cannot require a wall of this developer. Motion was made by Commissioner Dhanens to adopt resolution, approving and adopting the Negative Declaration, to make all findings set forth in the staff report, and to approve Vesting Tentative Parcel Map 10313 subject to the conditions outlined in Exhibit "A". Motion was seconded by Commissioner Brady, and carried. Minutes, PC, 6/20/96 Page 5 4.3) PUBLIC HEARING - VESTING TENTATIVE PARCEL MAP 10313 (continued) Chairman Hersh stated he would like to see something done creative with the power line areas where it would be advantages to the community. He also stated that he liked the idea of berming if it is feasible in a landscape area. '5) PUBLIC HEARING - VESTING TENTATIVE TRACT 5838 Staff report recommending approval was given. Public heating was opened. Roger Mclntosh represented Castle and Cooke California, Inc., concurred with the staff report and conditions of approval. Public hearing was closed. Motion was made 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 5838 subject to the conditions outlined in Exhibit "A" of 'the staff report. Motion was seconded by Commissioner Ortiz. Motion carded. 6.1) PUBLIC HEARING - GPA AND ZONE CHANGE PROJECT NO. P96-0275 Staffrep°rt was given. Public hearing was opened. Tom Reese, owner of several mini storage facilities stated there are four self storage facilities within a ½ mile area and indicated that the applicant may lose a lot of money if this is approved. Applicant, Larry Keller asked, that his sign plan be approved at this meeting to help expedite this project as his facility needs to open in January of 1997. He was in concurrence with the conditions of approval? The pylon sign next to the freeway would need to be 35 feet in height which would be consistent with the signs already along the freeway, as well as the unusual nature of the property where the entrance is not on a main thoroughfare and need to utilize the exposure of the freeway as much as possible. The wall mounted sign is not intended to be lit because it is on a residential street. Building Director, Dennis Fidler agreed with the applicant in which the Commission could approve the sign plan, however it hasn't been advertised with signs. It is under all the guidelines as a C-1 occupancy for the use except for the 35 foot sign does exceed the 25 foot Minutes, PC, 6/20/96 Page 6 6.1)' PUBLIC HEARING - GPA AND ZONE CHANGE PROJECT NO. P96-0275 (continued) sign approved by ordinance. Planning Director Grady informed Commission there is a section in the zoning ordinance that if interpreted one way, it reads "that the Planning Commission could grant the sign that the applicant is asking for, but when looking at it in the context of the total ordinance in the way it's usually structured, you would think that the comprehensive sign plan would be the vehicle by which they would ask for deviation, from the Sign Ordinance. This section says that, "commercial development shall be subject to the C-1 sign standards in Section 17.60.030D, and the following "unless otherwise conditioned by the Planning Commission or City Council". Therefore the Commission has the opportunity to disagree with how the Planning Director interpreted that to mean that the C-1 zoning is the standard and your conditions would be that the Commission would want the applicant to do something other than the C-1 requirements. Commissioner Brady asked if they were to interpret the mentioned code section to allow Planning Commission to condition a 35-foot high as proposed by Mr. Keller, would a special finding be made or conditioned. In response, Building Director Fidler indicated findings would have to be made and add the conditions. He further commented that the applicant is downgrading the amount of signage he could have if proposed in a different use. Commissioner Brady stated he would be in favor of adopting the applicant's proposed sign plan as set forth in Mr. Keller's June 20th memorandum and making the appropriate findings. Commissioner Boyle stated that he has a problem with approving a 35 foot sign without having the opportunity of looking at it. Chairman Hersh stated his concern regarding the storage of toxic chemicals, explosives, gases, liquids and other materials and agents. Building Director, Fidler replied that both the Building and Fire Code regulate the storage of hazardous materials. Commissioner Delgado shared his concerns regarding approving signage without proper notice but Was in favor of approving the project. Commissioner Dhanens stated he supports the project and the signage as it now is. Minutes, PC, 6/20/96 Page 7 6.1) PUBLIC HEARING - GPA AND ZONE CHANGE PROJECT NO. P96-0275 (continued) 6.2) Motion was made by Commissioner Ddgado to adopt resolution making findings, as set forth in the staffreport, approving the Negative Declaration and approving the proposed General Commercial land use designation, and recommend same to the City Council. Motion was seconded by Commissioner Boyle, and carried by the following roll call vote: AYES: Boyle, Brady, Ortiz, Tavorn, Delgado, Hersh, Dhanens ABSENT: Tkac Motion was made by Commissioner Delgado to adopt resolution making findings, as set forth in the staff report, approving the negative Declaration and approving the proposed Planned Commercial Development zoning with conditions, and recommend same to City Council. ' Motion was seconded by Commissioner Boyle, and carried by the following roll call vote: AYES: Boyle, Brady, Ortiz, Tavorn, Delgado, Hersh, Dhanens ABSENT: Tkac Motion was made by Commissioner Delgado to adopt resolution making findings, as set forth in the staff' report, approving the Negative Declaration and approving the proposed conditional use and recommend same to City Council. Motion was seconded by Commissioner Boyle, and carried by the following roll call vote: AYES: Boyle, Brady, Ortiz, Tavorn, Delgado, Hersh ABSENT: Tkac GPA AND ZONE CHANGE PROJECT NO. P96-0284 Staff report was given. Public hearing was opened. Erie poWers with ASU & Associates spoke in support of the project. Public hearing was closed. Commissioner Boyle asked for comments regarding a letter received from the Kern County Commissioner of Agriculture regarding traffic. Minutes, PC, 6/20/96 6.2) 6.3) Page 8 GPA AND ZONE CHANGE PROJECT NO. P96-0284 (continued Jacque LaRochelle replied that the traffic study recommends that certain off-site circulation improvements be partially funded by this project upon construction. Commissioner Brady stated his support of the project. Chairman Hersh stated his support however he had a problem when the city endorses and supports a project and the applicant is not known. Commissioner Dhanens stated his support of the project but did have concerns regarding the traffic study. Motion was made by Commissioner Boyle to adopt resolution making findings, as set forth in staff report, approving the Negative Declaration and approving the proposed Light Industrial land use designation, subject to mitigation measures shown on Exhibit "A" including the Public works memorandum of May 21, 1996, and recommend same to City Council. Motion was seconded by Commissioner Brady, and carried by the following roll call vote: AYES: Boyle, Brady, Ortiz, Tavorn, Delgado, Hersh, Dhanens ABSENT: Tkac Motion was made by Commissioner Boyle to adopt resolution making findings, as set forth in the staff report, approving the Negative Declaration and approving the proposed Light Manufacturing zoning, subject to conditions of approval shown on Exhibit "B" including memorandums dated May 21 and May 31, 1996, and recommend same to City Council. Motion was seconded by Commissioner Ortiz, and carried by the following roll call vote: AYES: Boyle, Brady, Ortiz, Tavorn, Delgado, Hersh, Dhanens ABSENT: Tkac GPA AND ZONE CHANGE PROJECT NO. P96-01g$ Staff report was given. Public hearing was opened. There was no one present wishing to speak either in favor or opposition, public hearing was closed. Minutes, PC, 6/20/96 6.3) 6.4) 6.5) Page 9 GPA AND ZONE CHANGE PROJECT NO. P96-0185 (continued) Motion was made by Commissioner Boyle to adopt resolution making findings, as set forth in staff report, approving General Plan Amendment Case No. P96-0185, amending the Land Use Element by adding a text policy in Chapter II, Centers Development, as shown on Exhibit "A", and recommend same to City Council. Motion was seconded by Commissioner Dhanens and carded by the following roll call vote: AYES: Boyle, Brady, Ortiz, Tavorn, Delgado, Hersh, Dhanens ABSENT: Tkac A five-minutes recess was taken. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. P96-0289 Planning Director Grady recommended removing this item and referring it back to staff and possibly bringing it back at a later date. Public hearing was opened. Dennis Fox stated that a lot of the trees that are planted out there are not native. Also, water requirements are a lot different such as Valley Oak Trees that fill themselves up with water and will start to rot if watered along with other vegetation. Public hearing was closed. Motion was made by Commissioner Delgado to refer back to staff and the committee. Motion was seconded by Commissioner Ortiz, and carded by the following roll call vote: AYES: Boyle, Brady, Ortiz, Tavorn, Delgado, Hersh, Dhanens ABSENT: Tkac PUBLIC HEARING - GPA AND ZONE CHANGE NO. P96-0419 Staff report was given in support of the project as per revised June 20th memo. Public hearing Was opened. Roger McIntosh represented Castle and Cooke California, Inc., addressed the June 20th memo. Minutes, PC, 6/20/96 Page 10 6.5) PUBLIC HEARING - GPA AND ZONE CHANGE NO. P96-0419 (continued) Discussion took place regarding the memo. Roger McIntosh suggested that "prior to issuance of a permit", be replaced with "and subject to approval by Traffic Engineer". Jacque LaRochelle was amenable. Commissioner Boyle stated his support of the project. Motion was made by Commissioner Dhanens to adopt resolution making findings, as set forth · in the staff report, readopting the Negative Declaration prepared for General Plan Amendment 4-94 Segment III and approving the rescission of condition numbers 1-6 and 10 of City Council Resolution No. 35-95 with the added language to Memorandum dated June 20, 1996, "prior to issuance of a building permit, subject to approval by the City Engineer _ applicant must comply with the apportioned share of the traffic impact mitigation costs", and recommend same to City Council. Motion was seconded by Commissioner Ortiz, and carded AYES: Boyle, Brady, Ortiz, Tavorn, Delgado, Hersh, Dhanens ABSENT: Tkac Discussion took place regarding the zoning district be either 14,000 or 18,000 square feet. -Planning Director Grady stated that instead of identifying in the motion that the zone change be changed from E (14,000) to E (18,000), motion should be made as written and a condition placed that the minimum lot size shall be 18,000 square feet. Motion was made by Commissioner Dhanens to adopt resolution making findings, as set forth in the staff'report, re. adopting the Negative Declaration prepared for Zone Change No. 5599 and approving the rescission of condition number 1-6 and 10 of Ordinance No. 3633 subject to the minimum lot size shall be no less than 18,000 square feet including Memorandum dated June 20, 1996, as amended in the prior motion, and same to City Council. Motion was seconded by Commissioner Ortiz, and carded by the following roll call vote: AYES: Boyle, Brady, Ortiz, Tavorn, Delgado, Hersh, Dhanens ABSENT: Tkac Minutes, PC, 6/20/96 6.6) 7) Page 11 PUBLIC HEARING - TENTATIVE TRACT 5489 Staffreport was given including a memorandum dated June 20, 1996. Public heating was opened. Roger McIntosh represented Castle and Cooke California, Inc. Public heating was closed. Motion was made by Commissioner Dhanens to adopt resolution making all findings set forth in the staff report, and to approve Revised Vesting Tentative Tract 5489 subject to the conditions outlined in Exhibit "A" as noted in Public Works memorandum dated June 20, 1996. Motion was seconded by Commissioner Brady, and carried. PUBLIC HEARING - ZONING ORDINANCE TEXT CHANGE -- BAKERSFIELD MUNICIPAL CODE SECTION 16.28.1700.2.c Staff report was given. Public heating was opened. There was no one present to speak either in favor or opposition, public heating was closed. Motion was made by Commissioner Brady, seconded by Commissioner Boyle to make findings and adopt resolution amending Title 16 (Subdivisions) Section 16.28.170 O.2.c. of the Bakersfield Municipal Code as referenced in the staff report and recommend same to City Council. Motion carded by the following roll call vote: AYES: Boyle, Brady, Ortiz, Tavorn, Delgado, Hersh, Dhanens ABSENT: Tkac Minutes, PC, 6/20/96 Page 12 8)PUBLIC HEARING - ORDINANCE AMENDMENT - SITE PLAN REVIEW PROCESS 9) FOR PROJECTS Staff report was given recommending this item be continued to the July 18, 1996 meeting. Public hearing was opened. Motion was made by Commissioner Brady to continue this hearing to the July 18,' 1996 meeting. Motion was seconded by Commissioner Ortiz, and carded by the following roll call vote: AYES: Boyle, Brady, Ortiz, Tavom, Delgado, Hersh, Dhanens ABSENT: Tkac ADMINISTRATIVE REVIEW #P96-0456 OF P.C. DEVELOPMENT REGARDING 11) PARKING REQUIREMENTS FOR A PROPOSED ICE SKATING FACILITY Staff report was given. Public hearing was opened. There was no one present to speak, public hearing was closed. Motion was made by Commissioner Boyle to approve staff option C which would require that a minimum of 283 parking spaces be required for the proposed ice rink facility. Motion was seconded by Commissioner Ortiz, and carried. GENERAL PLAN CONSISTENCY FINDING This item appears under consent agenda item #3. COMMUNICATIONS A) Written None Verbal None B) Minutes, PC, 6/20/96 Page 13 12) COMMISSION COMMENTS Chairman Brady requested that staff place on the July 18, 1996 agenda communication received from KernCOG. Commissioner Boyle requested that an easement ordinance be placed on a future agenda. CommiSsioner Tavorn asked if there is some way of cutting down on last minute memorandums. Planning Director Grady replied that staff does try, however between Monday and Thursday some items are still being resolved with the applicant. Commissioner Brady echoed the same. Chairman Hersh commented that last minute memos has to cease. He did not feel that the project is not given proper justice when last minute memos are given to the Commission. Planning Director Grady replied that some of the memos are done in order to keep the Commission from going into a negotiation at the podium. Commissioner Delgado suggested that a session should be scheduled to determine when enough is enough or leave it to the chairman's discretion. He also stated that if all of the memo's were one consistent color that might be a help. Planning Director Grady informed Commission that this can be plaCed on the next Commission agenda for discussion. Chairman Hersh asked that agenda's and procedures be placed on the next agenda. Chairman Hersh also asked that Mr. Crowe and Mr. Obanon with the San Joaquin APCD be invited to the next meeting to give the Commission a run down on high density. 13) DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING Commissioner Brady commented that he would like to have a staff report on Monday regarding Site Plan Review prior to the Thursday night July 18th meeting. Planning Director Grady replied they do not have the solution at this time and would rather not bring something incomplete to the Commission. However, if we have came to a solution we will notice the meeting for Monday, July 15th. Minutes, PC, 6/20/96 Page I4 14) ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 8:50 p.m. Isabel Williams Recording Secretary Planning Director