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HomeMy WebLinkAbout08/21/97Council Chamber, City Hall 1. ROLL CALL -AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Thursday, August 21, 1997 5:30 p.m. MATHEW BRADY, Chairperson JEFFREY TKAC, Vice-Chairperson STEPHEN BOYLE MICHAEL DHANENS MARTI MUNIS-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. NOTICE 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, cio 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final. Agenda, PC, 8/21/97 Page 2 3. coNSENT AGENDA ITEMS - (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 July 17, 1997. 5. PUBLIC HEARING - REVISED COMPREHENSIVE SIGN PLAN REVISED COMPREHENSIVE SIGN PLAN NO. P97-0319 (East Hills Mall) A revision of the approved Comprehensive Sign Plan for the East Hills Mall ShoPping Center in a PCD (Planned Commercial Development) zone district for property located at 3000 Mall View Road. (Categorically exempt) STAFF RECOMMENDATION: Approve With conditions. Group vote 6. PUBLIC HEARINGS - TENTATIVE PARCEL MAPS 1) TENTATIVE PARCEL MAP 10455 Located on the south side of Hageman Road between Calloway Drive and Brittany Street. Consisting of 3 parcels for commercial development on property zoned C-2 (regional Commercial) on 4.98 acres, and a waiver of mineral rights owners' signature in accordance with Bakersfield Municipal Code Section 16.20.060B.1. (Categorically exempt) STAFF RECOMMENDATION: Approve with conditions. Group vote Agenda, PC, 8/21/97 Page 3 2) TENTATIVE PARCEL MAP 10445 (Martin-Mclntosh) Located on the northeast corner of Calloway Drive and Brimhall Road. Consisting of 5 parcels for commercial development on 10.4 acres, zoned C-2 (Regional Commercial) and a waiver of mineral rights owner's signature pursuant to BMC Section 16.20.060 B.1. (Negative Declaration on file) RECOMMENDED ACTION: Approve with conditions. Group vote 7. PUBLIC HEARINGS - TENTATIVE TRACTS TENTATIVE TRACT 5515 (Optional Design) (Porter-Robertson) Located in the Rio Bravo golf course, south of Highway 178, east of Miramonte Drive. Consisting of 57 residential lots on property zoned R-1 (One Family Dwelling) and a waiver of mineral rights owners' signature in accordance with Bakersfield Municipal Code Section 16.20.060 B.3. (Negative Declaration on file) (Continued from the regular meeting of July 17, 1997) STAFF RECOMMENDATION: Approve with conditions. Group vote . 8. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT TENTATIVE TRACT 5738 (Telstar Engineering) Located between Highway 99 and South H Street, and south of the Arvin-Edison Canal. Consisting of 504 lots for single family residential and 1 park lot on 120 acres for property zoned R-1. (Categorically exempt) STAFF RECOMMENDATION: Approve with conditions. Group vote Agenda, PC, 8/21/97 Page 4 9. PUBLIC HEARING - CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT - BAKERSFIELD HEART HOSPITAl 1) Resolution making CEQA findings (pursuant to Sections 15091 of the State CEQA Guidelines) and recommending certification of the Environmental Impact Report for. the Bakersfield Heart Hospital and related medical office building. (Continued from the regular meeting of July 17, 1997) STAFF RECOMMENDATION: Certification of the Final Environmental Impact Report. Roll call vote 2) PUBLIC HEARINGS - GENERAL PLAN LAND USE AMENDMENTS AND ASSOCIATED REZONINGS a) GPA, ZONE CHANGE AND KERN RIVER PLAN ELEMENT AMENDMENT #P96-0859 -- CORNERSTONE ENGINEERING, INC. has proposed an amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by changing the land use designation from Highway Commercial and Service Industrial to Public Facilities on 10.1 acres for property generally located on the south side of Sillect Avenue, east of Pierce Road, north of Riverside Drive. (Final Environmental Impact Report on file) (Continued from the regular meeting of July 17, 1997) STAFF RECOMMENDATION: Approve with conditions. Roll call vote b) Kern River Plan Element Amendment to amend the land use code on 10.1 acres from 6.1 (Major Commercial) and 7.2 (Service Commercial) to 3.3 (Other Facilities) generally located on the south side of Sillect Avenue, east of Pierce Road, north of Riverside Drive. (Final Environmental Impact Report on file) (Continued from the regular meeting of July 17, 1997) STAFF RECOMMENDATION: Approve with conditions. Roll call vote Agenda, PC, 8721/97 Page 5 c) Zone Change from C-2 (Regional Commercial) and M-1 (Light Manufacturing) to PCD (Planned Commercial Development) on 10.1 acres for property generally located on the south side of Sillect Avenue, east of Pierce Road, north of Riverside Drive. (Final Environmental Impact Report on file) (Continued from the regular meeting of July 17, 1997) STAFF RECOMMENDATION: Approve with conditions. Roll call vote 10. GENERAL PLAN CONSISTENCY FINDING (Government Code Section 65402) Consistency finding pursuant to Section 65402 of the Government Code for proposed acquisition of two water well sites within a 70 acre parcel located at the southwest corner of Brimhall Road and Calloway Drive. (Categorically exempt) STAFF RECOMMENDATION: Make finding. Group. vote 11. COMMUNICATIONS A) Written B) Verbal 12. COMMISSION COMMENTS A. Committees 13. DIScussION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT 14. PRE-MEETING. ADJOURNMENT Au(lust 20, 1997 Planning Director MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, August 21, 1997, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: MATHEW BRADY, Chairperson STEPHEN BOYLE MICHAEL DHANENS MARTI KEMPER ROBERT ORTIZ WADE TAVORN BETSY TEETER Absent: JEFFREY TKAC ADVISORY MEMBERS: Present: STAFF: Present: LAURA MARINO, Assistant City Attorney JACK LaROCHELLE, Engineer IV DENNIS FIDLER, Building Director STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary 2. PUBLIC STATEMENTS The chairman read the notice of right to appeal as set forth in the agenda. Mr. Ken Hersh requested that a public hearing for site plan review be scheduled for approximately one month from now, and that a committee be formed from the Planning Commission to oversee site plan review reform from the very beginning of the process. Mr. Hersh also strongly opposed any closed-door sessions regarding site plan review and urged strict compliance with CEQA guidelines. Ms. Jill Kleiss of the Southwest Community Action Committee agreed with Mr. Hersh and thanked the Commission for their unanimous vote to include public participation in site plan review. Ms. Rene Nelson stressed Planning Commission and public input in site plan review ordinance development. Minutes, PC, 8/21/97 3. CONSENT AGENDA ITEMS None. Page 2 APPROVAL OF MINUTES Minutes of the regular meeting held July 17, 1997, were approved with the following notations: 1) Item No. 9 - Chairman Brady turned the meeting over to Vice-Chairman Tkac due to a previously announced conflict. A motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz, to approve the minutes of the regular meeting held July 17, 1997, as amended. Motion carried.' PUBLIC HEARING - REVISED COMPREHENSIVE SIGN PLAN P97-0319 (EAST HILLS MALL) Staff report was given recommending approval with conditions. The. public hearing portion of this item was opened; no one spoke in opposition. Daryl Rheingans, General Manager for East Hills Mall, stated that Staff recommendations are acceptable to the applicant with the exception of the applicant's proposed pylon sign dimension, including a fifth panel of 30 square feet. Mr. Reinganz stated that the proposed sign dimensions are necessary in order to provide adequate signage for current and future tenants. The public hearing portion of this item was closed. Commissioner Dhanens asked staff for information regarding the height of the existing signs at Highway 178. Staff replied the existing sign was approximately 25 feet in height. Mr. Dhanens stated that since tenant identification would be eliminated from the monument sign at Mall View Road, he felt the applicant's request of 270 square feet would not be obtrusive. He did support Staff recommendation that banner size be scaled down. Chairman Brady agreed with Commissioner Dhanens, and expressed his support of the applicant's request. A motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz, to adopt the attached resolution with all findings and conditions approving the revised comprehensive sign plan P97-0319 according to the project description with the exception that Condition No. 2 in Section 2 of Exhibit E be deleted. Motion carried. Minutes, PC, 8/21/97 Page 3 6. PUBLIC HEARING - TENTATIVE PARCEL MAPS - TENTATIVE PARCEL MAP 10455 Commissioner Dhanens declared a conflict of interest on this item. Staff report was given recommending approval with conditions. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Randy Bergquist of Porter-Robertson Engineering discussed certain items listed in the conditions on Exhibit No. 1, for clarification: 1) Condition 1.1 and 1.2 states that a grading plan and drainage plan will be approved by City Engineering. Mr. Bergquist requested that this condition be modified to a conceptual grading and drainage plan be reviewed and approved by the City Engineer. He indicated he had discussed this with Staff. In response to Chairman Brady's inquiry, Ms. Shaw stated that she had in fact discussed this matter with Mr. Bergquist, and that Staff agrees with this change. 2) Condition 4 refers to proposed driveways onto Hageman Road and Calloway. Staff report indicates one driveway; however, two are shown on the map which have been approved. Mr. Bergquist asked that the Staff report be altered to reflect this. Ms. Shaw said that Staff would agree to this change. 3) Condition 7.1 refers to Condition 13 which requires a wall to be constructed with developments on Parcels 1 and 2, and that the applicant would be required to post security prior to the recording of the map. Mr. Bergquist requested insertion of the phrase, "or security provided by the subdivider and accepted by the City." Ms. Marino stated that the proposed insertion would be appropriate. The pUblic hearing portion of this item was closed. Staff reported that the neighborhood had requested that the wall be 7 feet instead of 6 as recommend by Staff, and that the wall be required when any of the three parcels are developed. Commissioner Tavorn asked staff if any decision has been made on what is to be done with the wall, if it had been discussed with the applicant. Staff replied that the wall condition had not been contested, but that a memo had been submitted by residents of the surrounding' area asking to modify staff recommendation to make the wall the same height as the existing masonry wall. Minutes, PC, 8/21/97 Page 4 Chairman Brady asked if staff had confirmed the height of the existing masonry wall. Staff replied they had not, and as yet have not taken a firm position on this matter, but suggested that a statement requiring the new wall to match the existing wall would be appropriate. Chairman Brady asked' the applicant if he would be agreeable to such language; Mr. Bergquist stated that a 7 foot requirement would be reasonable. Ms. Chris Smail, the resident of the area who submitted the memo, stressed construction of the wall take place during any initial development. Ms. Smail added that there are a number of children in the area, and that the proposed mini-market at that location will increase traffic, and that the wall provides a necessary safety measure. Chairman Brady.suggested that the language of Condition No. 13 be altered to reflect that the masonry wall be constructed to a height consistent with the existing wall along Calloway Drive. Commissioner Tavorn asked the applicant if any blockage would be constructed between Parcel 2 and 3 as a security measure. Mr. Bergquist replied that there would be a wall over portions of Parcel 3 separating it from Parcel 2; however, they are required by Staff to provide access from Parcel 3 to Parcel 2, and there will be no wall at those points of access. Mr. Tavorn asked Ms. Smail she understood what the applicant was proposing, and would she and the other residents agree with the current proposal. Mr. Steve Burr, a resident of the area, stated that the main concern of the neighborhood was that the wall be conStructed at the onset of development to protect against noise and traffic. Commissioner 'ravorn asked the applicant if this matter had been discussed with the residents of the adjacent neighborhood; Mr. Bergquist replied that it had not. Mr. Bergquist also pointed out that it would be difficult to build the wall without a proper plan for: development of Parcels I and 2. Mr. Tavorn recommended that the applicant and the residents have some dialogue on this matter, that the neighborhood did have some legitimate concerns. Mr. Tavorn indicated that until these concerns had been addressed, he would not be prepared to vote on this item.. Chairman Brady stated that he would not be in favor of requiring the developer to build walls on property not under construction. Commissioner Kemper suggested the developer provide a temporary chain link fence to inhibit vehicles from accessing the property on Laurie and Brittany. Mr. Bergquist stated that this item is for a parcel map only, and that he would not be inclined to agree on a condition that might jeopardize the development. Minutes, PC, 8/21/97 Page 5 A motion was made by Commissioner Kemper, seconded by Commissioner Tkac, to approve the Tentative Parcel Map 10455 with findings and conditions set forth in the attached resolution, Exhibit A, with changes to 1.'1 and 1.2 (conceptual drainage and conceptual drainage), Item 4 (driveways on Hageman and Calloway), and 7.1, adding "until all improvements have been completed or security provided by the subdivider and accepted by the City," and Item 13, changing the language to read, "the wall shall be of masonry construction to a height consistent with the existing wall along Calloway Drive." Motion carried. 2) TENTATIVE PARCEL MAP 10445 (MARTIN-MCINTOSH) Staff report was given; Staff recommends approval with conditions. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Roger Mclntosh of Martin-Mclntosh represented the applicant, America West Land Co., indicated that they have received the staff report and agreed with all conditions, including the change referenced in a memo from Steve Walker to the Planning Department dated August 13, 1997, which amends Condition 5 (Public Works). The public hearing portion of this item was closed. A motion was made by Commissioner Kemper, seconded by Commissioner Ortiz, to approve vesting.Tentative Parcel Map 10445 with findings and conditions set forth in the attached resolution, Exhibit A, with the changes requested to Condition 5 in the August 13, 1997, memo from the Planning Director. Motion carried. 7. PUBLIC HEARING - TENTATIVE TRACT 5515 Continued from the regular meeting of July 17, 1997. Staff report was given recommending approval with conditions. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Randy Bergquist of Porter-Robinson expressed his thanks to Staff for their cooperation, and stated that he had no further comments regarding the conditions. Chairman Brady asked Mr. Bergquist if he had seen the memo of August 20, 1997; Mr. Bergquist stated that he had not. Mr. Bergquist reviewed the memo in question and stated that it was acceptable. Minutes, PC, 8/21/97 Page 6 Mr. Ron Fraze, Deputy Fire Chief, stated that Condition G provides that the access road not exceed 10%; however, a limitation of 150 feet of that 10% grade had been omitted as-a condition. Deputy Fire Chief Fraze indicated that this was necessary to facilitate the approach of fire engines in that area. He requested that appropriate language be added to Condition G to reflect this. Chairman Brady asked the applicant if he would agree to change the language of the condition to read "a maximum of 150 feet." Mr. Bergquist stated that he would have no objection to such a change. The public hearing portion of this item was closed. Commissioner Tavorn requested a copy of the parcel map in question so that he could verify availability of proper utilities. Commissioner Dhanens asked Staff if the 32-foot-wide private street represented the entire width of the proposed right of way. Ms. Shaw replied that the right-of-way would be 32 feet, which would correspond to the curb to curb distance. Commissioner Dhanens addressed the 25-foot setback requirement for double frontage lots and asked if there was provision that the houses face the same direction. Staff replied that the issue of double frontage lots would have been addressed differently if they had faced a public street rather than a private street. Commissioner Dhanens requested clarification from the applicant; Mr. Berquist replied that the houses would face the same direction. Motion was made by Commissioner Dhanens, seconded by Commissioner Tkac, to approve and adopt the negative declaration and to approve Tentative Tract 5515 with the findings and conditions set forth in the attached resolution, Exhibit A, subject to the memo from the Planning Department dated August 20, 1997, and with amendment to the last line of Condition 7G on Exhibit 1 to read, "this grade shall be considered the maximum for emergency secondary access roads only, and be limited to a maximum length of 150 feet." Motion carried. 8. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5738 Staff report was given. The applicant requested a continuance which staff recommended be granted. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Carl Moreland, Telstar Engineering, agreed with Staff's recommendation. Chairman Brady asked the reason for the requested continuance; Mr. Moreland replied the continuance was necessary to finalize the conditions. A motion was made by Commissioner Ortiz, seconded by Commissioner Kemper, to continue this item to September 2nd and 4th, 1997. Motion carried. Minutes, PC, 8/21/97 Page 9.1 PUBLIC HEARING - CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT - BAKERSFIELD HEART HOSPITAL Chairman Brady declared a conflict of interest on this item and turned the meeting over to Vice-Chairman Tkac. Staff report was given recommending certification of the final Environmental Impact Report. Mr. Robert Verlaan of Robert Verlaan Associates presented a resume of his firm's preparation of the Environmental Impact Report in accordance with CEQA guidelines, including the following categories: land use and planning, earth resources, air quality, transportation and circulation, noise and cumulative effects, and emergency services. Ms. Marino instructed the Commission on their responsibilities in this matter and the limitations of public comment to specific issues, that no new evidence or issues should be raiSed or considered. The public hearing portion of this item was opened. Ms. Lizanne Reynolds, environmental attorney with Adams, Broadwell and Joseph, represented the Building and Construction Trades Council of Kern, Inyo and Mono Counties, distributing a letter to the Commission. Ms. Reynolds addressed compliance with CEQA guidelines and stated that she had not received proper responses to certain questions submitted, one of which referred to alternatives which avoid or mitigate significant impacts. Ms. Reynolds felt that the range of alternatives presented was insufficient, regardless of any proposed mitigation measures. Ms. Reynolds also referred to the emission of nitrogen oxides, stating that she felt the EIR did not adequately address this issue. Ms. Karen Barnes stated that she opposed the proposed Heart Hospital because of the detrimental impact on the Kern River Parkway and the existing health care delivery system presently serving the community. Ms. Barnes felt that the final EIR is inadequate for the following reasons: 1) impact on developing habitat in the Kern River Parkway; 2) noise pollution resulting from the flight path of the heliport; 3) economic and social impacts; 4) impact on the existing emergency response system. Ms. Barnes also suggested that the development of the present EIR has not been an impartial or objective process. Mr. Denny Conrad, health care planner, expressed concern regarding critical health care planning and emergency medical services covered in the proposed EIR, and stated that this issue was inadequately addressed and that he 'disagreed with its conclusions. Minutes, PC, 8/21/97 Page 8 Mr. George Martin addressed the issue of mitigation versus alternatives as required by CEQA, the need for sufficient emergency medical services, especially should K.M.C. close, and pointed out that K.M.C. is not a heart hospital. Mr. Martin also advised the Commission not to take legal advice from sources other than the agency mandated, which is the City Attorney's office. Mr. Bill Moore expressed support for the Heart Hospital and recommended adoption of the EIR as presented. The public hearing portion of this item was closed. Commissioner Dhanens asked for a response to charges that the EIR was inadequate regarding emergency medical services, and the biologic study of the Kern River habitat. Mr. Verlaan replied that the County EMS Director as well as other medical industry representatives in the city had been consulted regarding' emergency medical services, and that the findings of the EIR reflected these experts' input on the impact of this issue. Regarding the Kern River habitat, he indicated that the amount, frequency and duration of increased water flow was indeterminable at the time the issue was addressed, and that the biologist who served as a consultant found no significant adverse relationship between helicopter operations and the avian population of the Kern River. Commissioner Dhanens also referred to a previous public comment alleging "failure to analyze a reasonable range of project alternatives." Mr. Verlaan replied that the alternatives presented were not intended to reduce the impact of the proposed project, but to provide alternative deVelopment scenarios and how the impacts of those alternatives might compare with the proposed project. Commissioner Dhanens referred to a letter received from a traffic consultant that stated the number of parking spaces provided by the applicant were insufficient even though they met current City codes. Mr. Verlaan replied that there were no comments from either the Public Works Departments or the Planning Department, who are the agencies responsible for determining whether or not current City codes are adequate. Without sufficient evidence from these sources to support the consultant's opinion, there was no compelling reason to believe the parking spaces would be inadequate based on the Code requirement. Commissioner Dhanens stated that he was satisfied with the efforts of all involved in the preparation of the EIR and expressed support for the document as presented. Minutes, PC, 8/21/97 Page 9 Commissioner Tavorn pointed out that no specific proposed flight path for the helicopter had been included in the EIR because none was required; the helicopter could fly anywhere it wanted. Referring to the Kern River habitat, he indicated that during the past six years he has lived near the river and several small animals have appeared in his own back yard including opossums, snakes, etcetera. Mr. Tavorn also discussed the traffic impact on Oak Street and Pierce Road, and .urged some mitigation measures be taken. Mr. Tavorn also requested more comprehensive statistics on noise impact. He suggested that the calculations of flow of water from the Isabella dam should it break were grossly underestimated and should be revised to reflect a more realistic scenario. Mr. Tavorn also indicated that the issue of blight had not been included, in the EIR. Commissioner Kemper indicated her support of certification of the EIR as presented. Commissioner Teeter agreed with Commissioner Tavorn that there were some unanswered questions, but nonetheless expressed her satisfaction with the efforts of those involved in developing the EIR and that the document as presented' adequately covered the primary issues necessary to fulfill the CEQA requirements. Ms. Teeter stated that since substantial evidence to the contrary has not been provided, she would recommend certification of the EIR as presented. Commissioner Dhanens referred to the issue of K.M.C., and asked whether or not a causative relationship existed between the proposed Heart Hospital and the possibility of K.M.C. closing. Staff replied that since no evidence of such a relationship had been provided, it had not been included in the EIR documents. Commission Dhanens requested specific instructions as to what information should be included in a proper motion to certify the EIR. Mr. Gauthier indicated the additional language necessary, referring to the memo by the Traffic Engineer and information provided by the Water Department in the memo dated August 19, 1997. Commissioner Ortiz referred to a report by the Mercer Group which indicated that though a 50% excess of beds currently exists in the-community, critical beds are lacking. He indicated his willingness to certify the EIR. Minutes, PC, 8/21/97 Page 10 A motion was made by Commissioner Dhanens, seconded by Commission Ortiz, to make CEQA findings, Section 15091 of the State CEQA guidelines, to certify the Environmental Impact Report and recommend same to the City Council (see attached Exhibit H-1 with the modifications outlined in memoranda from Steve Walker and Florn Core, which are included as attachments in an August 19, 1997, memorandum to the Planning Commission by Stanley Grady). Motion carried by the following rOll call vote: AYES: Commissioners Dhanens, Kemper, Ortiz, Teeter, Tkac NOES: Commissioner Tavorn 9.2 ABSENT: Commissioner Brady Public Hearings - General Plan Land Use Amendment and Associated Rezoning -- GPA Zone Change and Kern River Plan ElementAmendment P96-0859 {Cornerstone Engineering) -- Proposed Amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by changing the land use designation from Highway Commercial and Service Industrial to Public Facilities on 10.1 acres for property generally located on the south side of Sillect Avenue, east of Pierce Road, north of Riversid,- Drive. Staff recommended approval with conditions. The public hearing portion of this item was opened. Ms. Lizanne Reynolds, environmental attorney, expressed some confusion about the Oak Street extension and potential impact along the river, stating that it is inconsistent with the General Plan circulation Element. Ms. Reynolds asked that the Commission not approve the proposed zoning and land use changes. Mr. Mike Callaghy, Cornerstone Engineering, represented the Bakersfield Heart Hospital. He indicated that the application for zone change was to bring clarity and consistency to the project, so that the Heart Hospital would have the same zoning and land use designation as all other hospitals in the community. Mr. Callaghy also discussed the design of the project, including placement, view, traffic management, and landscaping. He discussed the Oak Street expansion and realignment, and indicated that all of the site plan review conditions and mitigation measures as set forth in the EIR were acceptable.. The public hearing portion of this item was closed. Minutes, PC, 8/21/97 Page 11 Commissioner Dhanens referred to a memorandum from G.E.T. regarding the proposed location of a bus stop, and requested clarification from staff. Mr. Callaghy replied that the bus stop, including interconnecting sidewalks and bench facilities, would be located in front of the medical office building on a roadway that runs north into Sillect. Mr. Dhanens stated that it was his understanding that at present no sidewalk on Sillect Avenue is planned; Mr. Callaghy confirmed this information, that the sidewalks he had referred to were internal, within the grounds of the project itself. Commissioner Dhanens asked if the tree pallet referred to on the site plan had been developed with any thought to consistency with tree species in the Kern River parkway itself. Mr. Callaghy indicated that all landscaping as listed would come from the Kern River Element vegetation list. Mr. Dhanens asked about the proposed landscaping to screen the levee; Mr. Callaghy replied that the Kern County Water Agency had been petitioned to allow landscaping on the Cross Valley Canal, and that this petition had been denied. The roadway had subsequently been located along the edge of the canal bank as a flood safety measure. Mr. Dhanens asked if some shrubbery could be planted to screen the levee; Mr. Gauthier was not certain if it could. Commissioner Dhanens referred to Exhibit H-2, the draft resolution and certain issues therein, and asked Ms. Marino to clarify whether it was appropriate for those issues to be incorporated into the exhibit as a land use finding. The issues in question included Item 4, which refers to the medical complex enhancing the City's role as a primary locale for available medical services. Ms. Marino replied that Item 4 resulted from the goals of the applicant and was not necessary to approve a zone change. Mr. Dhanens also referred to certain language in Item 5 related to the project's contribution to the medical services capability of the greater Bakersfield area. Ms. Marino stated that this, too, fell under the heading of project goals and was not necessary for a General Plan Amendment. Mr. Dhanens referred to Item 14 on the same exhibit, which addressed the project resulting in expansion of the emergency medical disaster response capabilities in the Metropolitan Bakersfield area. Ms. Marino replied that this item is also not required for approval of the resolution. Mr. Dhanens directed his next question to Ms. Shaw regarding the Oak'Street expansion, asking her to confirm that the project has been reviewed on the merits of its circulation and land use issues that will not create a future realignment of Oak Street. Ms. Shaw replied that was correct. Minutes, PC, 8/21/97 Page 12 Mr. Dhanens noted that the bus stop facilities described by Mr. Callaghy were not delineated on the site plan and requested that these facilities to be included as a condition of approval. Mr. Callaghy indicated that this would be agreeable. A motion was made by Mr. Dhanens, seconded by Commissioner Ortiz, to approve General Plan Amendment P96-0859 to the Land Use Element from Highway Commercial and Service Industrial to Public Facilities on 10.1 acres, and recommend same to the City Council (see Exhibit H-2, with the following modifications: Finding Number 4 shall be deleted in its entirety; the last sentence of Finding Number 5 shall be deleted; and the first sentence in Finding Number 14 shall be deleted). A further condition is added that a transit bus stop be included on the project as described by Mr. Callaghy in public testimony. Motion carried by'the following roll call vote: AYES:. Commissioners Dhanens, Kemper, Ortiz, Teeter, Tkac NOES: Commissioner Tavorn ABSENT: Commissioner Brady b) Kern River Plan Element Amendment to amend the land use code on 10.1 acres from 6.1 (Major Commercial) and 7.2 (Service Commercial) to 3.3 (Other Facilities) generally located on the south side of Sillect Avenue, east of Pierce Road, north of Riverside Drive. Staff report recommending approval with conditions was given. The public hearing portion of'this item was opened; no one spoke in opposition. Mr. Mike Callaghy of Cornerstone Engineering stated that his comments on the previous item would apply here as well, and requested approval of this amendment. The public hearing portion of this item was closed. Minutes, PC; 8/21/97 Page 13 A motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz, to make findings approving the requested Kern River Plan Element Amendment P96-0859 changing the land use code from 6.6 (Major Commercial) and 7.2 (Service Industrial) to 3.3 (Other Facilities) on 10.1 acres and recommend same to the City Council (see attached Exhibit H-3 with the additional revisions as outlined in the land use motion). Mol~ion carried. c) Zone Change from C-2 (Regional Commercial) and M-1 (Light Manufacturing) to PCD (Planned Commercial Development) on 10.1 acres for property generally located on the south side of Sillect Avenue, east of Pierce Road, north of Riverside Drive. Staff report recommending approval with conditions was given. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Mike Callaghy of Cornerstone Engineering stated that he had no further comments. The public hearing portion of this item was closed. A motion was made by Commissioner Kemper, seconded by Commissioner Ortiz, that the resolution making findings approving the requested Zone Change from C-2 (Regional Commercial) and M-1 (Light Manufacturing) to PCD (Planned Commercial Development) on 10.1 acres for and recommend the same to the City Council (see attached Exhibit H-4, including the changes as stated by Commissioner Dhanens on the previous resolution.) Motion carried by the following roll call vote: AYES: Commissioners Dhanens, Kemper, Ortiz, Teeter, Tkac NOES: Commissioner Tavorn ABSENT: Commissioner Brady Vice-Chairman Tkac turned the meeting over to Chairman Brady. Minutes, PC, 8/2'1/97 Page 14 10. GENERAL PLAN CONSISTENCY FINDING (GOVERNMENT CODE SECTION 65402) FOR PROPOSED ACQUISITION OF TWO WATER WELL SITES WITHIN A 70-ACRE PARCEL LOCATED ON THE SOUTHWEST CORNER OF 11. 12. 13. BRIMHALL ROAD AND CALLOWAY DRIVE Staff report was given recommending a finding be made. Motion was made by Commissioner Ortiz, seconded by Commissioner Tkac, to make a finding pursuant to Government Code Section 65402 that the proposed acquisition of the two sites in question for use as domestic water well locations is consistent with the Metropolitan Bakersfield 2010 General Plan. Motion carried. COMMUNICATIONS Commissioner Brady reported that efforts had been made to schedule a joint meeting between the Urban Development Committee and the Ag Land Preservation Committee this week, however it was not a successful pursuit. Brady said that the meeting was tentatively scheduled for October. Mr. COMMISSION COMMENTS Commissioner Dhanens referred to the document submitted and distributed by Deputy Fire Chief Ron Fraze regarding information developed for purposes of aiding the Committee investigating the hillside ordinance, stating that it was still a draft document and has not necessarily been endorsed by the Committee to date. This document will be further discussed in a subsequent meeting. Commissioner Tavorn referred to an Urban Wildlife Code Hazardous Report prepared by the Fire Department, stating that he would see that a copy is included in the hillside ordinance discussion. Mr. Tavorn referred to public hearing and site plan review as discussed by Ken Hersh, and asked staff to include this item on their agenda for discussion within the next 30 days in a public hearing platform. Staff replied that no statement of decision has yet been received, that to date Staff has no clear direction; however, it could be included for discussion purposes. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING A motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz, to cancel the next pre-meeting. Motion carried. Minutes, PC, 8/21/97 Page 15 12. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 8:56 p.m. Laurie Davis Recording Secretary