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Home My WebLink About12/15/97Council Chamber, City Hall 1. .ROLL CALL AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Monday, December 15, 1997 12:15 p.m.. JEFFREY TKAC, Chairman ROBERT ORTIZ, Vice-C'hairman .STEPHEN BOYLE MICHAEL DHANENS MARTI MUNIS-KEMPER 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. Items listed on this agenda will be continued to 5:30 p.m. on the Thursday following the date listed on this agenda. A 2. PUBLIC STATEMENTS 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the 'decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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, 12/15/97 Page 2 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 meetings held October 2, October 13, October 16, November 3, and November 6, 1997. 5. RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL EIR FOR THE GRAND CANAL PROJECT HAS BEEN COMPLETED IN COMPLIANCE WITH CEQA, THE STATE EIR GUIDELINES AND THE CITY OF BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES. (City of Bakersfield ) The Grand Canal project is a proposed 555,000 square foot shopping center generally located between State Route 99, the Arvin- Edison Canal, South H Street and the Berkshire Road alignment. (Project applicant - Martin-Mclntosh) STAFF RECOMMENDATION: Adopt resolution making findings and recommending certification of the Final EIR to the City Council. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS, ORDINANCE AMENDMENTS, PARKS ELEMENT AMENDMENT, EIR ADEQUACY HEARING, SPHERE OF INFLUENCE AMENDMENT. la) GENERAL PLAN AMENDMENT CASE NO. P97-0133 - MARTIN- MCINTOSH has proposed an amendment to the Land Use Element of the .Metropolitan Bakersfield 2010 General Plan by changing the land use designation from 'LR (Low Density Residential) on 47.03 acres and HMR (High Medium Density Residential) on 16.70 acres to GC (General Commercial) on property located between State Route 99, the Arvin- Edison Canal, South H Street and the Berkshire Road alignment. (EIR) STAFF RECOMMENDATION: Approve with conditions. Roll call vote Agenda, PC, 12/15/97 page 3 b) Zone.Change from an R-1 (One Family Dwelling) zone to a PCD (Planned Commercial) zone to allow a 555,000 square foot shopping center on 65.73 acres located between State Route 99, the Arvin- Edison Canal, South H Street and the Berkshire Road alignment. (EIR) STAFF RECOMMENDATION: Approve with conditions. Roll call vote 2) GENERAL PLAN AMENDMENT CASE NO. P97-0643 m CASTLE & COOKE CALIFORNIA, INC. has proposed an amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by changing the land use designation from OS-P (Open Space-Parks) to LR (Low Density Residential) on 6.56 acres for property located approximately 200 feet west of the Buena Vista Canal and Old River Road, between White Oak Drive and Ridge Oak Drive. (Negative Declaration on file) STAFF RECOMMENDATION: Denial Roll call vote 3a) GENERAL PLAN AMENDMENT CASE NO. P97-0655 -- REGIONAL MORTGAGE COMPANY, INC. has proposed an amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on 17.95 acres for property located at the southeast corner of Stine Road and Hosking Avenue. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions.' Roll call vote b) Zone Change from R-l-CH (One Family Dwelling-Church) and R-1 (One Family Dwelling) to C-2 (Regional Commercial) on 17.95 acres for property located at the southeast corner of Stine Road and Hosking Avenue. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Roll call vote Agenda, PC, 12/t 5/97 Page 4 4a) GENERAL PLAN AMENDMENT CASE NO. P97-0656 -- VALTA CORPORATION has proposed an amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by changing the land use designation from HR (High Density Residential) to MC (Major Commercial) for property located at 2103 Castro Lane, 2107 Castro Lane and 2113 Castro Lane. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Roll call vote b) Zone Change from R-3 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial) on 1.42 acres for property located at 2103, 2107 and 2113 Castro Lane. (Negative Declaration on file) STAFF RECOMMENDATION: Approve P (Parking) Zone. Roll call vote 5a) GENERAL PLAN AMENDMENT CASE NO. P97-0679 -- CRAIG CARVER has proposed an amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by changing the land use designation from OS (Open Space-Parks) to LR (Low Density Residential) on 3.38 +/- acres for property located between Stockdale Highway and the Cross Valley Canal, east of Allen Road. Also requested is reduction in the width of the bicycle path from 12 feet to 9 feet on Stockdale Highway. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Land Use Amendment with conditions; Deny reduction in bicycle path width. Roll call vote b) Zone Change from OS (Open Space) to R-1 (One Family Dwelling) on 3.38 +/- acres for property located between Stockdale Highway and the Cross Valley Canal, east of Allen Road. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Roll call vote Agenda, PC, 12/15/97 Page 5 6). PUBLIC HEARING TO RECEIVE COMMENTS ON THE ADEQUACY OF THE DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) FOR THE BUENA VISTA PROJECT AND THE KERN RIVER RANCH PROJECT. The Buena Vista Project and the Kern River Ranch Project comprise a 973.29 acre proposal to convert an agricultural designation to a wide variety of urban land use designations between the Kern River, Allen Road, Ming Avenue and :Buena Vista Road. A DEIR has been prepared in accordance with the California Environmental Quality Act for this project. This hearing will be to accept testimony on the objectivity and adequacy of the DEIR consistent with the California Environmental QUality Act. (Comments will be referred to staff for response in the Final EIR), STAFF RECOMMENDATION: Receive comments and refer to staff. 7) GENERAL PLAN AMENDMENT CASE NO. P97-0395 w CITY OF BAKERSFIELD has proposed an amendment to (A) the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by adding policies related to the use and planning of land encumbered by.electrical transmission line easements with lines operating at 50,000 volts or above in cooperation with the easement holder; (B) Amendment to Parks Element Policy Number 1 and Implementation Measure Number 9.b to allow park land credit for residential developments incorporating park-like improvements within land encumbered by electrical transmission line easements; (C) Amendment to Section 15.78.030B (Habitat Conservation Plan) of Title 15 to add to list of exemptions; (D) Amendment to Section 15.80.120A (Park Land Ordinance) of Title 15 to allow credit toward the park land requirement. (Negative Declaration on file) STAFF RECOMMENDATION: Approve 8a) Roll call vote GENERAL PLAN AMENDMENT CASE NO. P97-0216 m CITY OF BAKERSFIELD has proposed an amendment to the Metropolitan Bakersfield 2010 General Plan to incorporated land use changes and specific plan documents approved by the County of Kern referred to as the Western Rosedale, Rosedale Ranch, McAIlister Ranch, and Pacificana Specific Plans. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Roll call vote Agenda, PC, 12/15/97 Page 6 b) SPHERE OF INFLUENCE AMENDMENT 1-97 proposing an amendment to the Sphere of Influence for the City of Bakersfield to include territory East, West and South of the current Sphere of Influence line to be coterminous with the boundary of the Metropolitan Bakersfield 2010 General Plan excepting therefrom the community of Lamont. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Roll call vote 7. PUBLIC HEARING m PREZONING Prezoning No. P97-0743-- Proposed amendment to Title 17 of the Bakersfield Municipal Code by prezoning those properties within the City of Bakersfield's Sphere of Influence boundary that have not been previously prezoned. The prezoning will acknowledge the existing County's zoning designations with similar city zoning designations from County A, A-l, E, R-l, R-2, R-3, E(¼), E(%), E(1), E(2%), E(5), E(10), E(¼)RS, E(%)RS, E(1)RS, E(2%)RS, E(5)RS, E(10)RS, UP, MS, CO, C-1, C-2, CH, M-l, M-2, M-3, RF, OS, NR, DI, FPP, SP, PL, RS, PE, PD, FP and FPS zones to the City R-l, R-2, R-3, R-4, RH, RS, E, C-O, C-1, C-2, M-l, M-2, M-3, A, OS, FP-P, FP- S, TT, MH, RS-lA, RS-2.5A, RS-5A, RS-10A and A-20A, or more restrictive zones for unincorporated county area in the Metropolitan Bakersfield area within the City of Bakersfield's Sphere of Influence boundary. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Roll call vote 8. COMMUNICATIONS A) Written B) Verbal COMMISSION COMMENTS A. Committees Agenda, PC, 12/15/97 - Page 7 '10. DISCUSSION AND POSSIBLE ACTION REGARDING POSSIBLE CANCELLATION OF 11. THE NEXT PRE-MEETING DISCUSSION OF THE CONCEPTUAL PLAN FOR A MOVIE THEATER COMPLEX LOCATED ON THE OLD SUMP SITE AT THE SOUTHWEST CORNER OF VALLEY PLAZA SHOPPING CENTER COMPLEX 12. December 5, 1997 ADJOURNMENT ~_....-"STANLEY GRADY, Secretary Planning Director MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Monday, December 15, 1997, 12:15 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. ROLL CALL ~.- COMMISSIONERS: Present: JEFFREY TKAC, Chairperson ROBERT ORTIZ, Vice Chairperson STEPHEN BOYLE MICHAEL DHANENS MARTI KEMPER Absent: BETSY TEETER WADE TAVORN ADVISORY MEMBERS: Present: CARL HERNANDEZ, Deputy City Attorney DENNIS FIDLERi Building Director JACK .LaROCHELLE, Engineering Services Manager STAFF: Present: STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner LAURIE DAVIS, Recording Secretary 2. PUBLIC STATEMENTS None 3. CONSENT CALENDAR. None APPROVAL OF MINUTES October 2, October 13, October 16, November 3, and November 6, 1997. on this item was continued to December 18,1997. Action fMinutes, PC, 12/15/97 Page 2 5. RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL EIR FOR THE GRAND CANAL PROJECT 6.1 a&b HAS BEEN COMPLETED IN COMPLIANCE WITH CEQA, THE STATE EIR GUIDELINES AND THE CITY OF BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES (CITY OF BAKERSFIELD). Staff report was given recommending adoption of resolution making findings and recommending certification of the final EIR to the City Council. Hearing on this item was continued to Thursday, December 18, 1997. PUBLIC HEARING -- GENERAL PLAN AMENDMENT/ZONE CHANGE P97- 0133. A staff report was given recommending approval with conditions. Hearing on this item was continued to Thursday, December 18, 1997. 6.2) 6.3 a&b) PUBLIC HEARING GENERAL PLAN AMENDMENT P97-064~ A staff report was given recommending denial. Commissioner Kemper noted that previously smaller parks were discouraged in property north of the river, and that south of the river City guidelines were followed in terms of use and size. Ms. Kemper asked if the park referenced in this item would be outside the gated area, and would serve the residential area as well; staff replied that it would. Ms. Kemper recommended to delay making a decision on this item until a land swap could be confirmed. Hearing on this item was continued to Thursday, December 18, 1997. Public Hearing -- General Plan Amendment/Zone Change P97-0655 A staff report was given recommending approval with conditions. Hearing on this item was continued to Thursday, December 18, 1997. CMinutes, PC,12/15/97 6.4 a&b) PUBLIC HEARING -- GENERAL PLAN AMENDMENT P97-065C Page 3 A staff report was given recommending approval. Commissioner Boyle asked what the approximate size of the theater would be; staff replied that it would be 65,000 square feet. 6.5 a&b) Hearing on this item was continued to Thursday, December 18, 1997. PUBLIC HEARING -- GENERAL PLAN AMENDMENT/ZONE CHANGE P97- 0679. This item was withdrawn at the request of the applicant. 6.6) PUBLIC HEARING TO RECEIVE COMMENTS ON THE ADEQUACY OF THC DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) FOR THE BUENA VlST^ PROJECT AND THE KERN RIVER RANCH PROJECT. A staff report was given recommending comments be received and referred to staff. 6.7) Hearing on this item was continued to Thursday, December 18, 1997. PUBLIC HEARING -- GENERAL PLAN AMENDMENT P97-039~ A staff report was given recommending approval. Commissioner Dhanens asked if the City Parks Division would be responsible for maintaining park improvements in these areas should credit be granted; staff replied that it would not. Hearing on this item was continued to Thursday, December 18, 1997. 6.8 a&b) PUBLIC HEARING -- GENERAL PLAN AMENDMENT P97-0216 AND SPHERE OF INFLUENCE AMENDMENT 1-97 Commissioner Boyle declared a conflict of interest on this item. A staff report was given recommending approval. Hearing on this item was continued to Thursday, December 18, 1997. ~Minutes, PC,12/15/97 7. PUBLIC HEARING - PREZONING P97-0743. Page PROPOSED AMENDMENT TC~ TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE BY PREZONINC- THOSE PROPERTIES WITHIN THE CITY OF BAKERSFIELD'S SPHERE OF INFLUENCE BOUNDARY THAT HAVE NOT BEEN PREVIOUSLY PRFTONED. 10. A staff report was given recommending approval. Hearing on this item was continued to Thursday, December 18, 1997. COMMUNICATIONS None COMMISSION COMMENTS Mr. Grady stated a proposed general plan consistency finding for abandonment of an alley would be added to the agenda for Thursday, December 18, 1997. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF 11. THE NEXT PRE-MEETING DISCUSSION OF THE CONCEPTUAL PLAN FOR A MOVIE THEATER COMPLEX LOCATED ON THE OLD SUMP SITE AT THE SOUTHWEST CORNER OF VALLEY PLAZA SHOPPING CENTER COMPLEX 12. This item was continued to December 18, 1997. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 1:21 p.m. Laurie Davis Recording Secretary Planning Director