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HomeMy WebLinkAbout05/01/97Council Chamber, City Hall AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Thursday, May 1, 1997 5:30 p.m. MATHEW BRADY, Chairperson JEFFREY TKAC, Vice-Chairperson STEPHEN BOYLE MICHAEL DHANENS MARTI KEMPER ROBERT ORTIZ WADE TAVORN ALTERNATE: BETSY TEETER NOTE: Agendas may be amended up to 72 hours prior to the Planning Commission meeting. final agenda may be obtained from the Planning Department 72 hours prior to the meeting. 2. PUBLIC STATEMENTS A 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. ~IOTIC_E 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 $330 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 $330 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. Agenda, PC, 5/1/97 If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final. Page 2 3. ~'EAGENDAJ~F_MS - (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. 4. APPROVAL OF MINUTES Approval of minutes of the regular meeting held March 20, 1997. 5. PUBLIC HEARING - TENTATIVE TRACT VESTING TENTATIVE TRACT 5863 (Martin-Mclntosh) Located on the southeast corner of Ming Avenue and Buena Vista Road. Consisting of 80 residential lots on property zoned R-1 (One Family Dwelling) with requests for private streets and modification to lot depth standards and a waiver of mineral rights owners' signature in accordance with Bakersfield Municipal Code Section 16.20.060 B.1. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Group vote 6. ~SISTENCY FINDING (Government Code Section 65402) 1) General plan consistency finding for the sale of the Chamber of Commerce building at 1033 Truxtun Avenue. (Categorically exempt) STAFF RECOMMENDATION: Approve. Group vote Agenda, PC, 5/1/97 Page 3 2) General plan consistency finding for the acquisition of 6 acres on the north side of 21 st Street, 500 block. (Categorically exempt) STAFF RECOMMENDATION: Approve. Group vote 3) General plan consistency finding for the acquisition of the Blair Learning Center, 900 Belle Terrace. (Categorically exempt) STAFF RECOMMENDATION: Approve. Group vote DISCUSSION AND POSSIBLE ACTION REGARDING REQUESTS FOR CONTINUANCES FOR ITEMS ON THE PLANNING COMMISSION AGENDA. 10. 11. April 23:1997 COMMUNICATIONS A) Written B) Verbal C_OMM ISSION COMMENTS A. Committees DISCUSSION ANE)_AC_'ELON REGARDING POSSIBLE CANCELLATION OF THE NEXT ~.N_G_. ADJOURNMENT Planning Director MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, May 1, 1997, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. COMMISSIONERS: Present: MATHEW BRADY, Chairperson JEFFREY TKAC, Vice-Chairperson STEPHEN BOYLE MICHAEL DHANENS MARTI KEMPER ROBERT ORTIZ WADE TAVORN BETSY TEETER ADVISORY MEMBERS: Present: LAURA MARINO, Assistant City Attorney JACK LaROCHELLE, Engineer IV DENNIS FIDLER, Building Director STAFF: Present: PJJBJ_IC_STAT~,MEIAT~S STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary None The chairman read the notice of right to appeal as set forth on the' agenda. CONSENT AGENDA ITEMS None APPROV_AL~ Motion was made by Commissioner Ortiz, seconded by CommiSsioner Kemper to approve minutes of the regular meeting of March 20, 1997. Motion carried. Minutes, PC, 5/1/97 Page 2 5. PUBLIC HEARING - VESTING TENTATIVE TRACT 5863 Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in opposition or in favor. Roger Mclntosh represented the applicant. He explained the deviation of the 1,000 foot maximum block length and deviation from right-of-way width. He Stated his concurrence with revised Exhibit "A" conditions dated April 30, 1997. Public portion of the hearing was closed. Commissioner Boyle asked what is the motivation for staff's change of recommendation from denial to approval. Mr. LaRochelle said there was a misunderstanding on staff's part. He asked if the deviation of block length should be treated differently because it is a private street. Mr. LaRochelle said the motivation for allowing it is because it is a private street and a gated community and as such any problems would be handled within the development and therefore it would not be a concern to the city. Mr. Mclnt0sh said C.C.&R.'s would control the speed limits, therefore the city would not be bothered with it. Commissioner Boyle concurred with Mr. LaRochelle's previous opinion concerning block length and stated he would support the revised recommendations. Commissioner Dhanens asked about past cases in which streets originally dedicated as private have been turned over to the city for maintenance. Mr. LaRochelle said there have been these situations, however there have been a great deal more that have been requested and denied. When the request is made an attempt is made to have the streets brought to standard or collection of a fee that would allow the city to bring it up to standard. The possibility of this scenario was considered however it was felt it would be less likely to happen in this particular case. Commissioner Dhanens stated he would be in support of the block length. He asked about a monument sign for the Seven Oaks conceptual wall and landscape plan asking if it were a part of this application or if it would be decided at a later date. Mr. Mclntosh said there were a number of freestanding monuments proposed at a number of different locations and if it were determined to be a collector it would be allowed. Either way the signage would be on private streets. Commissioner Tavorn asked if the Fire Department was aware of the length of the street and the fact that there is only one location for entrance and exit. Mr. Grady said there are two entrances and that the Fire Department had reviewed this map and had no negative comments. Commissioner Brady said in reviewing the map he had no problems with it based on comments made. He felt in order to get the maximum use from the golf course the street has to be designed as it is and stated he would support the application. Motion was made by Commissioner Boyle, seconded by Commissioner Tkac to approve and adopt the Negative Declaration, to make all findings set forth in the resolution, and to approve Proposed Vesting Tentative Tract Map 5863 subject to the conditions outlined in the Revised Exhibit "A,' dated April 30, 1997. Motion carried. Minutes, PC, 5/1/97 Page 3 6.1 GENERAL PLAN CONSISTENCY FINDING -- SALE OF CHAMBER OF COMMERCI- BUILDING AT 1033 TRUXTUN AVENUF. Staff report recommending approval was given. Motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz to adopt the resolution to make a finding under Government Code Section 65402 that the proposed sale is consistent with the Metropolitan Bakersfield 2010 General Plan. Motion carried. 6.2 GENERAL PLAN CONSISTFNCY FINDING -- ACQUISITION OF 6 ACRES~ NORTH SIDE OF 21ST STREET; 500 BLOCK Staff report recommending a finding of inconsistency was given. No one was present representing the applicant. Commissioner Kemper asked if the school district is aware of the usage around this site. Mr. Grady responded to questions by her saying staff is recommending denial of this because of incompatibility with surrounding uses, however the school district is not bound by this recommendation and they may make an overriding decision themselves to acquire the site and develop a school. As a matter of law they are required to request this general plan consistency finding. Ms. Kemper felt perhaps this use would improve this declining area. Mr. Grady explained this is an administrative decision as to whether this is consistent with the policies of the 2010 General Plan which it is not. Commissioner Boyle asked if staff was aware of what type of sChool is planned. Mr. Grady stated he is not. Commissioner Boyle said he would support staff's recommendation. Commissioner Dhanens asked if there are other policies in the general plan that address protection of school sites. Mr. Grady said no other policies were found that singled out schools with respect to surrounding industrial uses. Commissioner Dhanens felt with respect to the information given and its consistency with the general plan he must support staff's recommendation. Motion was made by Commissioner Boyle, seconded by Commissioner Tkac to make a finding pursuant to Government Code Section 65402 that the proposed use of the parcel for educational purposes is inconsistent with the Metropolitan Bakersfield 2010 General Plan. Motion carried. Minutes, PC, 5/1/97 Page 4 6.3 GENERAL PLAN CONSISTENCY FINDING -- ACQUISITION OF THE BLAIR LEARNING CENTER~ 900 BELLE TERRACF Staff report recOmmending approval was given. No one was present representing the applicant. Motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz to make a finding pursuant to Government Code Section 65402 that the proposed use of the parcel as a middle school is consistent with the Metropolitan Bakersfield 2010 General Plan. Motion carried. DISCUSSION AND POSSIBI E ACTION REGARDING REQUESTS FOE C~)NTINUANCES FOR ITEMS ON THE PLANNING COMMISSION AGENDA. Ms. Marino said something similar to this item will be considered by the Urban Development Committee for all hearing bodies of the city. She stated she had submitted to the commission copies of 3 alternative resolutions for the Urban Development Committee to consider. Chairman Brady said he had reviewed the existing by-laws and placed it into a resolution format which would modify item #7 of Article 6 replacing it with language which is basically a mirror of that which was provided by Ms. Marino. It would require that the commission make a finding that there is good cause before granting a continuance and would require that if something is placed on the agenda the public hearing is opened so that comments can be received. Commissioner Boyle asked if a letter from an applicant requesting continuance is going to be sufficient cause for granting it. Ms. Marino said it would be discretionary for the commission to determine what is good cause. She felt as long as the letter gave a sufficient reason it would justify continuance. He felt the applicant, given a valid reason, should have the right to a continuance. He stated he would support this resolution. Commissioner Dhanens stated his agreement with Commissioner Boyle's comments and did not feel there was reason to restrict the granting of continuances. Chairman Brady said at this time there is no standard and the idea behind his bringing this forth was to create a standard. He stated he has always voted on continuances based on a good faith need and is thereby putting his policy in writing. Motion was made by Commissioner Boyle, seconded by Commissioner Ortiz to adopt resolution regarding continuances as drafted by the chairman. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Ortiz, Tavorn, Tkac, Brady NOES: None Minutes, PC, 5/1/97 8. COMMUNICATIONS Page 5 A) Written B) ~/erbal Mr. Grady said a joint Council/Commission (Subdivision Committee) was scheduled on May 7, 1997 at noon in the City Manager's Conference Room to obtain clarification on the small apartment project that was sent to the committee. Commissioner Boyle asked if a commissioner had been appointed to replace Commissioner Hersh on this committee. Chairman Brady said Commissioner Dhanens had been appointed. CD~MJSSID~C~ Commissioner Boyle cited a comment in the Californian which stated he had a conflict of interest and he stated since he is not a 10 percent owner in the law firm with which he is employed he does not have an automatic conflict of interest. He further stated there was no nexus between his law firm and the client in that situation because they had never provided any legal representation for them'. He cited other instances in which a conflict may exist and stated these situations are not reasonably foreseeable and therefore he did not feel his firm has a conflict of interest under the guidelines of the State law. 10. ~SLO_N AND ACTION REGARDING POSSIBLE CANCELLATION 11. Mr. Grady said there are approximately 6 items for the next agenda. Commissioner Kemper had requested that pre-meetings be held so that the new commissioners can get an idea of what occurs at these pre-meetings and have an opportunity to preview the cases prior to the Thursday hearing. The next pre-meeting was not canceled. There being no further business to come before the Commission, meeting was adjourned at 6:25 p.m. Laurie Davis