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HomeMy WebLinkAboutDecember 2, 2004 PLANNING COMMISSION OF THE CITY OF BAKERSFIELD MINUTES OF DECEMBER 2, 2004- 5:30 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL Present: Commissioners Gay, Tragish, Ellison, Lomas, Spencer Absent: Commissioners Blockley, Tkac Advisory Members: Bob Sherfy, Stanley Grady, Marian Shaw, Phil Burns Staff: Jim Movius, Pam Townsend 2. PLEDGE OF ALLEGIANCE: 3. PUBLIC STATEMENTS - None 4. CONSENT CALENDAR: 4.1 Non-Public Hearing Items 4.1 a Approval of General Plan Consistency finding for the sale of 30,000 square feet located at the northwest corner of King Street and Kentucky Street. (Exempt from CEQA) (Ward 2) Motion made by Commissioner Ellison, seconded by Commissioner Spencer, to approve the non-public hearing portion of the Consent Calendar. Motion carried by group vote. 4.2 Public Hearing Items 4.2a Approval of Tentative Parcel Map 11118 (McIntosh &Associates) (Ward 5) 4.2b Approval of Vesting Tentative Tract Map 6338 (Porter-Robertson Engineering) (Ward 3) 4.2c Approval of Vesting Tentative Tract Map 6371 (WNIA Inc.) (Ward 1) Public portion of the hearing opened. No one spoke either for or against the projects. Public portion of the hearing closed. Commissioner Gay requested that 4.2a & 4.2c be removed from the Consent Calendar. Motion made by Commissioner Ellison, seconded by Commissioner Gay, to approve the public hearing portion of the Consent Calendar including the memorandum from Stanley Grady on item 4.2b dated December 1, 2004. Motion carried by group vote. Minutes, PC, December 2, 2004 Page 2 Commissioner Ellison rescued himself from items 5.1. 5.2 & 5.3. Chairman Tragish asked the Attorney if Commissioner Ellison needed to remove himself from the dais or whether he can just abstain from voting on those issues. Mr. Sherfy said that he could stay. Chairman Tragish asked whether he should read the following items separately or in groups or together? Mr. Sherfy said to read them all together and then if there were separate considerations to be given to one or more -that could be done later on in the meeting. 5. PUBLIC HEARINGS - EXTENSION OF VESTING RIGHTS 5.1 Extension of Vesting Rights for Tract 6111 Phases 1-3 (McIntosh and Associates) (Ward 4) Public portion of the hearing opened for items 5.1 through 5.6. Staff report given for all of the items. Mr. Grady said this matter has been in front of the Council's Planning and Development Committee for several months and they have not reached a conclusion. These items have been continued awaiting Council's recommendation but that has not occurred. It is staff's desire to have all of these maps over at the Council for consideration at such time they are able to reach a decision on how they want to address the Vesting Rights issue. Staff is recommending denial. Commissioner Tragish asked if they are all denied, if they will go to Council automatically. Mr. Grady said it is subject to the applicant filing an appeal. No one spoke either for or against staff's recommendation. Public hearing closed. Motion made by Commissioner Gay, seconded by Commissioner Spencer, to deny the request for a one year extension on Vesting Rights on Tract 6111 Phases 1-3 with findings set forth in the attached resolution Exhibit A and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Gay, Lomas, Spencer, Tragish NOES: None ABSTAINED: Commissioner Ellison ABSENT: Commissioners Blockley, Tkac 5.2 Extension of Vesting Rights for Tract 6127 Phases 1 and 2 (McIntosh and Associates) (Ward 4) Motion made by Commissioner Gay, seconded by Commissioner Spencer, to deny the request for a one year extension on Vesting Rights on Tract 6127 Phases 1 & 2 with findings set forth in the attached resolution Exhibit A and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Gay, Lomas, Spencer, Tragish NOES: None ABSTAINED: Commissioner Ellison Minutes, PC, December 2, 2004 Page 3 ABSENT: Commissioners Blockley, Tkac 5.3 Extension of Vesting Rights for Tract 6128 Phases 1-6 (McIntosh and Associates) (Ward 4) Motion made by Commissioner Gay, seconded by Commissioner Spencer, to deny the request for a one year extension on Vesting Rights on Tract 6128 Phases 1-6 with findings set forth in the attached resolution Exhibit A and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Gay, Lomas, Spencer, Tragish NOES: None ABSTAINED: Commissioner Ellison ABSENT: Commissioners Blockley, Tkac 5.4 Extension of Vesting Rights for Tract 6104 Phases 2, 4, & 6 (Ward 5) Motion made by Commissioner Gay, seconded by Commissioner Spencer, to deny the request for a one year extension on Vesting Rights on Tract 6104 Phases 2, 4 & 6 with findings set forth in the attached resolution Exhibit A and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Ellison, Gay, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioners Blockley, Tkac 5.5 Extension of Vesting Rights for Tract 6104 Phases 3,7 & 8 (McIntosh &Associates) (Ward 5) Motion made by Commissioner Gay, seconded by Commissioner Spencer, to deny the request for a one year extension on Vesting Rights on Tract 6104 Phases 3, 7 & 8 with findings set forth in the attached resolution Exhibit A and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Ellison, Gay, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioners Blockley, Tkac 5.6 Extension of Vesting Rights for Tract 6121 Phase 1 (Porter-Robertson Eng.) (Ward 4) Motion made by Commissioner Gay, seconded by Commissioner Spencer, to deny the request for a one year extension on Vesting Rights on Tract 6121 Phase 1 with findings set forth in the attached resolution Exhibit A and recommend same to City Council. Motion carried by the following roll call vote: Minutes, PC, December 2, 2004 Page 4 AYES: Commissioners Ellison, Gay, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioners Blockley, Tkac 6. PUBLIC HEARING —Tentative Parcel Map 11118 (McIntosh &Associates) (Ward 5) Public portion of the hearing opened. Staff stated that this item was on the consent agenda and that the developer has agreed to all the conditions that staff has placed on the project. Staff is ready to answer any questions the Commission may have. No one spoke against the project. Roger McIntosh, representing the applicant, stated they agree to all of the conditions of approval and he is available to answer any questions the Commission may have. Public portion of the hearing was closed. Commissioner Gay asked if there are any plans to signalize Pacheco Road? Mr. Walker, Traffic Engineer, said that as required in all normal development, we would require the developer to do a traffic engineering survey, an analysis of the coordination of signals, traffic simulation for this corridor with a signal at that location. At it stands right now, it will with a restricted left turn "in" only for that location. At this time, there would be no left turns out, so there will be no need for a signal. If that changes in the future, it would follow the standard policy and procedures that we require for that. If it does show that it can fit in with the system and would not be detrimental to the flow of traffic, we would consider allowing the signal. Commissioner Gay asked if it would be a similar situation as at New Stine and Pacheco? Mr. Walker said yes. The traffic signal is coordinated with the railroad crossing arms and goes through a special railroad clearance interval to make sure there are no cars stuck on the track or in the area. They have not had a problem with that. Commissioner Gay said that staff has given them the right to put an access between parcels one and two on Gosford and asked if Mr. Walker had any issues with that? Mr. Walker said they considered that in requiring an auxiliary right turn lane. It will start in advance of the traffic signal for the northbound lanes. Commissioner Gay said this is an interesting concept plan to utilize the property but there will be over 400 cars if they develop the 160,000 feet of buildable and it could have an impact. There were no other Commissioner comments. Motion made by Commissioner Ellison, seconded by Commissioner Spencer, to approve and adopt the negative declaration and to approve Vesting Tentative Parcel Map 11118 with findings and conditions set forth in the attached resolution Exhibit A and recommend same to City Council. Motion carried by the following roll call vote: Minutes, PC, December 2, 2004 Page 5 AYES: Commissioners Ellison, Gay, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioners Blockley, Tkac 7. PUBLIC HEARINGS —TENTATIVE TRACT MAPS 7.1 Vesting Tentative Tract Map 6338 (Porter-Robertson Engineering) (Ward 3) See Consent Agenda 7.2 Vesting Tentative Tract Map 6371 (WNIA Inc.) (Ward 1) Public portion of the hearing opened. Staff stated that this item was on the consent agenda and that the developer has agreed to all the conditions that staff has placed on the project. Staff is ready to answer any questions the Commission may have. No one spoke against the project. George Dickey, representing the applicant, said they have reviewed the conditions and don't anticipate a problem with them. They are here to answer any questions the Commission may have. Public portion of the hearing closed. Commissioner Gay said he does not have a problem with the subdivision as designed but he has a real issue with the gap in the completion of the road. He would like to modify one of the conditions for the installation of Union Avenue up to the canal right-of-way. Condition 5.3 states that Union Avenue will be constructed to a full half-width to the remainder of the tract but he would like to modify that to the canal boundary for orderly development. Ms. Shaw said that staff is in agreement with the change in condition. Commissioner Ellison said he would support the change. Commissioner Tragish asked if we extend the requirement to improve the road, if the right-of- way is owned by that property owner or the city? Can we have someone pave over someone else's property without getting a waiver? Ms. Shaw said she is not sure if the property is dedicated in which case there is not a problem. If it is not dedicated and he is unable to obtain the additional right-of-way necessary, we do have a condition (6.3) that enables the city to utilize eminent domain proceedings in the event he is unable to get the right-of-way. There were no other Commissioner comments. Motion made by Commissioner Gay, seconded by Commissioner Lomas, to approve and adopt the negative declaration and to approve Vesting Tentative Tract 6371 with findings and conditions set forth in the attached resolution Exhibit A modifying condition 5.3 which will now read "with Phase 3, construct South Union Avenue full half-width to the canal boundary approximately 100 feet north of the tract boundary" and recommend same to City Council. Minutes, PC, December 2, 2004 Page 6 Motion carried by the following roll call vote: AYES: Commissioners Ellison, Gay, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioners Blockley, Tkac 8. COMMUNICATIONS: None 9. COMMISSION COMMENTS: Commissioner Gay asked how are the streets on the south side of Paladino (where there are existing large lot subdivisions which may not develop out in a timely manner) be completed? Ms. Shaw said that is an on-going problem. It is just something the city has to do when it is required at a later date. Ms. Shaw said that we do have a requirement that when someone pulls a building permit that we have to bring all existing off-sites up to standard. It would be caught then. 10. ADJOURNMEMT: There being no further business to come before the Commission, the meeting was adjourned at 6:04 p.m. Pam Townsend, Recording Secretary STANLEY GRADY, Secretary Development Services Director January 24, 2005