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Home My WebLink About09/04/97Council Chamber, City Hall 1. ROLL CALL AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Thursday, September 4, 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 appeak 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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, 9/4/97 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. PUBLIC HEARING - TENTATIVE PARCEL MAP TENTATIVE PARCEL MAP 10456 (Hopper Properties, L.P.) Located on the north side of Rosedale Highway between Coffee Road and Main Plaza Drive. Consisting of 21 parcels for commercial development in accordance with the approved Planned Commercial Development on 62.26 acres, zoned PCD (Planned Commercial Development) and a waiver of mineral rights owner's signature pursuant to BMC Section 16.20.060 B.1. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Group vote 5. 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) (Continued from the regular meeting of August 21, 1997) STAFF RECOMMENDATION: Approve with conditions. Group vote Agenda, PC, 9/4/97 .7. Page 3 PUBLIC HEARING - ZONE CHANGE 'Zone Change (P97-0359) from an A (Agriculture) zone to an M-1 (Light Manufacturing) zone on 1.5 acres located at the northeast corner of South Mt. ~/ernon Avenue and East Belle Terrace. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Roll call vote GENERAL PLAN CONSISTENCY FINDINGS (Government Code Section 65402) 1 ) Consistency finding pursuant to Section 65402 of the Government Code for the proposed disposal of 1.584 acres located within Central Park. (Categorically exempt) STAFF RECOMMENDATION: Make Finding. Group vote 2) Consistency Finding pursuant to Section 65402 of the Government Code for the proposed abandonment of portions of "O" Street, 14th Street and two adjacent alleys. (Categorically exempt) STAFF RECOMMENDATION: Make Finding. Group vote STATUS REPORT FOR P.C.D. ZONE CHANGE DISTRICT ON THE NORTHEAST CORNER OF STOCKDALE HIGHWAY AND CALIFORNIA AVENUF STAFF RECOMMENDATION: Direct staff to initiate General Plan amendment and Zone Change to restore previous office and commercial designations. DISCUSSION AND POSSIBLE ACTION REGARDING SITE PLAN REVIEW COMMUNICATIONS A) Written B) Verbal Agenda, PC, 9/4/97 11. COMMISSION COMMENTS Page 4 A. Committees 12. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT 13. PRE-MEETING. ADJOURNMENT Au,qust 22, 1997 Planning Director MINUTEs OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, September 4, 1997, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: MATHEW BRADY, Chairperson JEFFREY TKAC, Vice Chairperson STEPHEN BOYLE MARTI KEMPER ROBERT ORTIZ WADE TAVORN Absent: BETSY TEETER MICHAEL DHANENS ADVISORY MEMBERS: Present: STAFF: Present: PUBLIC STATEMENT-~ LAURA MARINO, Assistant City Attorney JACK LaROCHELLE, Engineering Services Manager DENNIS FIDLER, Building Director STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner LAURIE DAVIS, Recording Secretary Mr. Ken Hersh requested that the site plan review issue be continued to the second regular meeting in October. CONSENT AGENDA ITEMS None. PUBLIC HEARING - TENTATIVE PARCEL MAP 1045~ Staff report was given recommending approval with conditions. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Lee Jamison, Hopper Properties, stated that the plan submitted was consistent with previous issues. Minutes, PC,9/4/97 Page 2 A motion was made by Commissioner Kemper, seconded by Commissioner Tkac, to approve Tentative Parcel Map 10456 with findings and conditions set forth in the attached resolution, Exhibit A. Motion carried. 5. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 573R No staff report was' given recommending this item be continued in accordance with the applicant's request. Commissioner Tavorn asked if the delay of this item would have any effect on the canal project. Staff replied that it would not. The public hearing portion of this item was opened. Mr. Carl Moreland, Telstar Engineering, stated that the applicant was in agreement with Staff's recommendation. A motion was made by Commissioner Boyle, seconded by Commissioner Tkac, to continue this item to the regular meeting of September 18, 1997. Motion carried. PUBLIC HEARING - ZONE CHANGE - ZONE CHANGE P97-0359 FROM AN A .(AGRICULTURAL) TO AN M-1 (LIGHT MANUFACTURING) ZONE ON 1.,~ ACRES LOCATED AT THE NORTHEAST CORNER OF MT. VERNO,",~ AVENUE AND EAST BELLE TERRACF Staff report was given recommending approval with conditions. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Loren Hodge, Executive Director of the Kern County Farm Bureau, stated that this zone change is the final portion of the Ag Complex Center originally conceived in 1980, and urged the Commission to approve it. Commissioner Boyle enquired of possible opposition from the school district. Staff replied that such an incident occurred on a zone change on City-owned property adjacent to the school site, and that no communication from the school district in opposition to this zone change had been received. A motion wasmade by Commissioner Tkac, seconded by Commissioner Ortiz, to approve and adopt the negative declaration, and to approve zone change P97-0359 with findings and conditions set forth in the resolution attached as Exhibit E. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Kemper, Ortiz, Tavorn, Tkac, Brady NOES: None Minutes, PC,9/4/97 Page 3 7.1 GENERAL PLAN CONSISTENCY FINDING - PROPOSED DISPOSAL OF 7,2 1.584 ACRES LOCATED WITHIN CENTRAL PARK Staff report was given reCommending finding be made. Motion was made by Commissioner Kemper, seconded by Commissioner Tkac, to make a finding pursuant to Government Code Section 65402 that the proposed sale of property to the Bakersfield Museum of Art is consistent with the Metropolitan Bakersfield 2010 General Plan. Motion carried. GENERAL PLAN CONSISTENCY FINDING - PROPOSED ABANDONMENT OF PORTIONS OF "O" STREET, 14TH STREET AND TWO ADJACENT ALLEYS Staff report was given recommending finding be made. Motion was made by Commissioner Kemper, seconded by Commissioner Boyle, to make a finding pursuant to Government Code Section 65402 that the proposed abandonment of a portion of"O" Street, 14th Street and two adjacent alleys is consistent with the Metropolitan Bakersfield 2010 General Plan. Motion carried. STATUS REPORT FOR P.C.D. ZONE CHANGE DISTRICT ON THF NORTHEAST CORNER OF STOCKDALE HIGHWAY AND CALIFORNIA AVENUE. Staff requested report be suspended at this time, and recommended that this item be continued for thirty (30) days in accordance with the applicant's request. A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz, to continue this item to the pre-meeting of October 14th and the regular meeting of October 16th. Motion carried. DISCUSSION AND POSSIBLE ACTION REGARDING SITE PLAN REVIEW_ Mr. Hersh previously requested that this item be deferred. Ms. Jill Kleiss stated that now is the appropriate time for discussion of public and Planning Commission involvement of site plan review. Commissioner Boyle stated that continuance was appropriate, but the ultimate decision of a public hearing with Commission involvement rested with the City Council. Chairman Brady agreed with Commissioner Boyle, that in the end the final say in this matter rests with the City Council. He also stated that the idea of a Minutes, PC,9/4/97 Page 4 workshop on site plan review would be beneficial at the committee level. Mr. Ken Hersh asked if the Planning Commission had been included in meetings regarding site plan review. Ms. Marino replied that at present discussions have been held by staff members of different departments. Mr. Hersh stated that the public would demand that the Commission be included in these discussions from the beginning, that anything less would be unacceptable, possibly resulting in legal action. Chairman Brady stated that complying with such a demand is beyond the Commission's control, that they might make requests or recommendations, but in the end the Commission serves the City Council. A motion was made by Commissioner Boyle, seconded by Commissioner Tkac, to continue this item to the meeting of October 2, 1997, as a workshop. Motion carried. A motion was made by Commission Boyle, seconded by Commissioner Tkac, that the Planning Commission send a letter to the City Council from the Chairman of the Planning Commission advising them that a public hearing has been requested on the issue of site plan review, that the Commission believes it is in the best interest that a public hearing be conducted as part of the process at some point in time, and that the Commission is available to conduct those public hearings if it is the discretion of the City Council. Motion carried. Chairman Brady requested Staff to prepare a history of site plan review for the workshop, including input on litigation from the City Attorney. Commissioner Boyle also suggested that examples of site plan review ordinances from other commUnities would be useful. Commissioner Tavorn asked that information on site plan review be requested specifically from the city of Cerritos. 10. COMMUNICATIONS There were no written or verbal communications. 11. COMMISSION COMMENTS Subdivision Committee - Commissioner Boyle reported that the park fee issue had been decided by the City Council, and that the Committee has made a recommendation that will be going back to the Urban Development Committee. Minutes, PC,9/4/97 Page 12, Commissioner Tavorn referred to his inquiry regarding flooding and evacuation plans in the EIR discussion of the previous week. He stated that the data in the EIR is very weak, and recommended contacting the Sheriff's Department which had conducted a survey as to how much time it would take a massive flood to reach Bakersfield. The EIR stated it would, take six hours; Mr. Tavorn's research indicates three hours. Mr. Tavorn requested Staff obtain specific data regarding this issue. Commissioner Boyle referred to a letter from Mr. Dennis Fox, and asked Staff for comments. Mr. Fox stated that a lot of prime soil is being used for residential development, and discussed the ramifications of this trend, including water use, conservation, and fees. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF 13. THE NEXT PRE-MEETING The next pre-meeting was not canceled. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 6:20 p.m. Laurie Davis Recording Secretary Planning Directo}' ~