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HomeMy WebLinkAbout02/19/98 AGENDA REGULAR MEETING"©F'THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall Thursday, February 19, 1998 5:30 p.m. 1. ROLL CALL: JEFFREY TKAC, Chairman ROBERT ORTIZ, Vice-Chairman 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. A 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. 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 COMMENC'EMENT 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, :the action of the Planning Commission shall become final.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, 2/19/98 3. CONSENT AGENDA ITEMS - (marked by asterisk (*) 1. Agenda Item #7.1 - TENTATIVE TRACT 5456 2. Agenda Item #7.2 - TENTATIVE TRACT 5632 Page 2 3. Agenda Item #7.3 - TENTATIVE TRACT 5758 The~e 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. APPROVALOF MINUTES Approval of minutes of the regular meeting held January 12, 1998. ADMINISTRATIVE REVIEW - EXTENSION OF TIME FOR VESTING OF RECORDED MAP 2) TRACT 5386 - PHASE D (Martin-Mclntosh) A prOposed one-year extension of rights vested upon recordation of Tract 5386 Phase D. (Categorically exempt) STAFF RECOMMENDATION: Deny Group vote TRACT 5426 - PHASE A (Martin-Mclntosh) A proposed one-year extension of rights vested upon recordation of Tract 5426 Phase A. (Categorically exempt) STAFF RECOMMENDATION: Deny Group vote Agenda, PC, 2/19/98. 6. PUBLi© HEARING _ COMPREHENSIVE SIGN PLAN (Paul Skarphol & Assoc.) Page 3 A proposed Comprehensive Sign Plan for Rosedale Plaza located at the southeast corner of Rosedale Highway and Coffee Road in an M-2 (General Manufacturing) Zone district. (Categorically exempt) STAFF RECOMMENDATION: Approve with conditions, Group vote PUBLIC HEARINGS - EXTENSIONS OF TIME - TENTATIVE TRACTS 1 ) TENTATIVE TRACT 5456 (SmithTech USA) Extehsion of time for Tentative Tract 5456 consisting of 104 lots on 24 acres, zoned R-1 (One Family Dwelling) for property located on the south side of Harris Road, east of Akers Road. (Categorically exempt) STAFF RECOMMENDATION: Approve with conditions. 2) Group vote TENTATIVE TRACT 5632 (Telstar Engineering, Inc.) Extension of time for Tentative Tract 5632 consisting of 211 lots on 50 acres, zoned R-1 (One Family Dwelling) for property located on the west side of Wible Road approximately 1/4 mile south of McKee Road. (Categorically exempt) STAFF RECOMMENDATION: Approve with conditions. 3) Group vote TENTATIVE TRACT 5758 (Delmarter & Deifel) Lo(~ated on the southwest corner of Noriega Road and Old Farm Road. consisting of 211 lots on 56 acres, zoned R-1 (One Family Residential). (Categorically exempt) · STAFF RECOMMENDATION: Approve with conditions. GrOup vote Agenda, pC, 2/19/98 8. PUBLIC HEARING - TENTATIVE TRACT MAP Page 4 TENTATIVE TRACT 5891 (DeWalt Corporation) Located on. the southwest corr~er of Hageman Road and Coffee Road. Consisting of 37 lots on 14.18 acres on property zoned R-2 (Limited Multiple Family Dwelling) and a waiver of mineral rights owner's signature pursuant to BMC Section 16.20.060B.1. (Negative Declaration on file) (Continued from the regular meeting of February 5, 1998) STAFF RECOMMENDATION: Approve with conditions~ Group vote 10. PUBLIC HEARING - ZONE CHANGE #P97-0821 -- PROPOSAL BY BRUCE KEITH FOR A CHANGE IN ZONE FROM R-3 (LIMITED MULTIPLE FAMILY DWELLING) TO R-3-CH (LIMITED MULTIPLE FAMILY DWELLING-CHURCH) ON 2.38 +/- ACRES FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF 4TM STREET AND N STREET KNOWN AS THE COMPASSION CHRISTIAN CENTER - 1030 4TM STREET. STAFF RECOMMENDATION: Roll call. vote ! COMMUNICATIONS Approve with conditions. A) Written B) Verbal 11. COMMISSION COMMENTS A. Committees 1¸2. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING. 13. ADJOURNMENT February 17, 1998 Planning Director MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, February 19, 1998, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: JEFFREY TKAC, Chairperson ROBERT ORTIZ, Vice Chairperson STEPHEN BOYLE MICHAEL DHANENS MARTI MUNIS-KEMPER WADE TAVORN BETSY TEETER ADVISORY MEMBERS: STAFF: Present: Present: CARL HERNANDEZ, Deputy City Attorney DENNIS FIDLER, Building Director JACK LaROCHELLE, Engineering Services Manager MARIAN SHAW, Civil Engineer STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner JIM EGGERT, Principal Planner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary 2. PUBLIC STATEMENTS None *Commissioner Tavorn was seated. He stated he was not present at the Monday pre-meeting, however had listened to the tape and would be participating at this meeting. cONSENT CALENDAR 1. Agenda Item #7.1 - Tentative Tract 5456 2. Agenda Item #7.2 - Tentative Tract 5632 3. Agenda Item #7.3 - Tentative Tract 5758 Motion waS made by Commissioner Dhanens, seconded by Commissioner Boyle to approve consent agenda. Motion carried. .~Minutes, PC, 2/19/98 4. APPROVAL OF MINUTES Page 2 Motion was made by Commissioner Ortiz, seconded by Commissioner Boyle to approve minutes of the regular meeting held January 12, 1998. Motion carried. 5.1 ADMINISTRATIVE REVIEW - EXTENSION OF TIME FOR VESTING OF RECORDED MAP 5386. PHASE D Staff report recommending denial of Agenda Item #'s 5.1 and 5.2 was given. Responding to questions by commissioner Dhanens, Mr. Grady explained the vesting process and payment of updated fees. Public portion of these hearings was opened; no one spoke in opposition. Roger Mclntosh represented the applicant and submitted written information to the Commission concerning Subdivision Map Act and local ordinance. He cited the allowances for vesting maps, stating their request for an extension of time being that the master developer sold the entire phase. At that time the developer put in improvements and they are in the process of selling lots to a builder and in need to be assured that fees are set. He disagreed with the increase in transportation impact fees. Regarding the sewer fee increase he stated he was aware this would apply. With respect to the change in park development fees he said this statement is not true; at the time of vesting of the map there was no fee therefore the fee goes from $0. To $615 per unit and is payable to the park district to be used in their park improvement program. Regarding the comments in the staff report concerning possible shortfalls resulting from under funding of development impacts being subsidized by the general fund he said there was substantial CEQA documentation prepared at that time and asked why it would be a shortfall at this time. Regarding the comment concerning funding shortfalls resulting in a delay of necessary improvements benefitting the community he stated all infrastructure is in place and he was not aware of any other benefit to the community. Concerning comment in the staff report regarding staff's opinion that the one year extension of vesting gives ample opportunity for the developer to take advantage of vested fees,' he stated in this market it is difficult to build out an entire subdivision and sell all lots at one time. Phases would become smaller. He did not feel their request for one-year extension was unreasonable because it is necessary for the builder, bank and home buyer to know what the fees will be. Bob Mahan stated he was the builder in this tract and explained the time frame of the development process stating it is necessary to have continuity in application. Public portion of the hearing was closed. Commissioner Boyle felt the city is making a fiscal policy decision in deciding not to extend these vesting maps. He felt because this issue is one of fiscal policy it should be decided by the city council. He stated he would like to have clear direction from the council so that it can be applied uniformly. ~Minutes, PC, 2/19/98 Page Commissioner Dhanens asked what type of impact there would be on the city since the infrastructure has already been installed. Mr. LaRochelle said none of the improvements Which have been installed would allow for a credit against the traffic impact fee; In looking at the picture as a whole on a long-term this type of situation can make a difference in funding. Commissioner Dhanens asked if the purpose of a vesting map is to tie down development fees before the developer commits resources to a project. Mr. Grady said this is the reasoning, however the law recognizes that fiscally things change. The fees are allowed to be locked in provided the project can be completed~.within a specific time frame. This allows staff to look at the situation and require additional fees if necessary. City Attorney Hernandez clarified the legislature's intent to allow developer's some protection from changing rules on subdivisions. The city's ordinance allows for the vested rights to continue for one year by ordinance and allows the developer to seek an extension for an additional one-year period. He felt the statute made clear that the legislature did not intend for those vesting rights to extend longer than 2 years. He stated the city's opinion that they should not be stuck having to allow extensions of time indefinitelywithout revisiting the issue of changes of ordinances, policies and fees enacted after recording of the final map. Mr. MclntoSh disagreed with Mr. Hernandez' interpretation of the statute stating his interpretatiOn is that the initial period is 1-2 years with a one-year extension. CommissiOner Kemper asked if this item could be continued until the Council can make a fiscal decision on this issue. Mr. Grady said they do not have anything in front of them currently to make a decision. He said these items could be deferred to a future meeting and that staff could be directed to request a policy direction from the Council, however he suggested this not be done because the council has already set forth the policy direction in the ordinance which allows discretion for the Commission with respect to approval or denial of these extensions of time. Commissioner Kemper said she would be more comfortable getting additional information from the city. CommissiOner Dhanens felt three years was not an unreasonable amount of time as suggested by Mr. Mclntosh's interpretation of the statute. He stated he would support the applicant's request for a one-year extension of time. CommissiOner Boyle felt since this is a fiscal decision it should be made by the City Council. Motion was made by Commissioner Boyle, seconded by Commissioner Ortiz to deny the request for a one-year extension of the vesting rights on Tract 5386, Phase D. Motion carried by the following roll call vote: AyEs: Commissioners Boyle, Tavorn, Ortiz, Tkac NoEs: Commissioners Dhanens, Kemper, Teeter ~,Minutes, PC, 2/19/98 Page -5.2 ADMINISTRATIVE REVIEW - EXTENSION OF TIME FOR VESTING OF RECORDED MAP 5426 - PHASE A ' Staff report recommending denial was given. Public portion of the hearing was opened; no one spoke in opposition. Roger Mclntosh represented the applicant, he had the same comments to make as on the previous application. Commissioner Teeter asked if denial of this requires the applicant to pay additional fees to be heard before the Council. Staff indicated it would. Commissioner Dhanens felt it would not create a budget shortfall because there is only one lOt involved in this situation. Mr. Grady said the money is cumulative. Commissioner Dhanens felt this was somewhat unreasonable. Mr. Mclntosh clarified the traffic fee does not increase in this area as was the case on the previous application. Public portion of the hearing was closed. Commissioner Boyle asked if action could be conditionally taken contingent upon the action being decided by the Council so. that the applicant would not have to pay an appeal fee. Mr. Hernandez stated this could not be done. Commissioner Boyle suggested this item be continued for six weeks and if this is not acceptable that the request should be approved. Motion was made by Commissioner Dhanens, seconded by Commissioner Kemper to approve the request for a one-year extension of vesting rights on Tract 5426, Phase A. Motion carried. PUBLIC HEARING - COMPREHENSIVE SIGN PLAN FOR ROSEDALE PLAZA LOCATED AT THE SOUTHEAST CORNER OF ROSEDALE HIGHWAY AND COFFE .ROAD IN AN M-2 (GENERAL MANUFACTURING) ZONE DISTRICT.' Staff report recommending approval was given. Public portiOn of the hearing was opened; no one spoke in opposition. John CohrS, Skarphol and Associates represented the developer. He stated agreement with cOnditions of approval. Public portion of the hearing was closed. ~Mi~utes, PC, 2/19/98 Page Responding to question by Commissioner Boyle, Mr. Grady said the comprehensive sign plan governs the permitted uses on the property. Commissioner Boyle asked if there was a way to limit this comprehensive sign plan to commercial property only as opposed to:manufacturing. Mr. Grady said it could be conditioned this way. Responding to Commissioner Boyle, Mr. Cohrs stated their agreement with adding this as part of the motion. 7.1 Motion was! made by Commissioner Boyle, seconded by COmmissioner Ortiz to adopt the resolutiOn with all findings and conditions, approving Comprehensive Sign Plan No. P98-0018 as depiCted in the project description, with the addition of a condition that this plan will apply only if the actual buildings are commercial as opposed to manufacturing. Motion carried. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5456 Approved as consent agenda item. 7.2 PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 563? Approved as consent agenda item. 7.3 PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 5758 Approved as consent agenda item. 8. PUBLIC HEARING - TENTATIVE TRACT 5891 Staff report recommending approval was given. Mr. LaRochelle addressed the previously raised issues. Mr. Walker, Traffic Engineer addressed the technical traffic issues raised at the previous hearing. He outlined the issues which were looked at and options available. He stated he understood the concerns of the Commission, however felt they have been mitigated. Public portion of the hearing was opened; no one spoke in opposition. Dennis DeWalt represented the owner and developer. He stated their agreement with staff's recommendation. Public portiOn of the hearing was closed. -Commissioner Boyle stated his concern, while understanding that this traffic situation is workable, was that it be the best solution possible. Responding to questions by Commissioner Boyle, Mr. LaRochelle said the deceleration lane is 200 feet. Staff pointed out the locations on the map. Mr. LaRochelle explained the u-turn ratio and time to make u-turn. ~M~'nutes, PC, 2/19/98 ,Parle 6 CommissiOner Kemper agreed with majority of comments made by Commission~er · I Boyle, stating perhaps the placement of a "no right turn on red light" at R~verlakes Drive at Hageman turning east after construction of occupation of units. She stated she is not totally satiSfied with this situation even though she knows staff has examined th~ options asking if any other subdivision alternatives were presented to staff. Mr. LaRoch~lle said he was no! aware of any: Commissioner Tavorn stated his concerns for those living in the development toI the north asking how the u-turn would be to this intersection at Mill Bridge. Staff pointed this out on the map. Commissioner Tavorn stated he could foresee future conflict. Commissiqner Kemper suggested the u-turn lane be moved about 100 feet to eliminate traffic coming out of Mill Bridge and cutting across traffic lanes. Mr. LaRochelle the u-turn is lined up for a future access point on Hageman. Mr. Dewalt felt this is a good project and felt it should be approved. Responding to question by Commissioner Tavorn, Mr. LaRochelle said there are no plans to change Mill Bridge Drive. ' Motion was made by Commissioner Boyle, seconded by Commissioner Ortiz to approve and adopt the Negative Declaration and approve Tentative Tract 5891 with findir~gs and conditions Set forth in the Resolution (Exhibit "A"). Motion carried. Mr. LaRochelle stated he had to leave in order to attend a Kern COG meeting in which they will be voting on the Kern River Freeway. He was replaced by Marian Shay/. PUBLIC HEARING - ZONE CHANGE #P97-0821 -- PROPOSAL BY BRUCE KEITH FOR A CHANGE IN ZONE FROM R-3 (LIMITED MULTIPLE FAMILY DWELLING) TO R-3-CH (LIMITED MULTIPLE FAMILY DWELLING-CHURCH) ON 2,38 +1- ACRER FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF 4TM STREET AND N STREET KNOWN AS THE COMPASSION CHRISTIAN CENTER - 1030 4TM STREET Staff report recommending approval was given. Public portiOn of the hearing was opened; no one spoke in opposition. Bruce Keith represented the occupant of the church. He stated the reason for t is request is SO that they can construct a parking lot. w Public portion of the hearing was closed. Responding to question by Commissioner Dhanens, Mr. Grady said a masonry all would have to be constructed between the parking and adjacent residential prop,.~rty. Minutes, PC~2/19/98 Page Motion was made by Commissioner Dhanens, seconded by Commissioner Tavern to approve and adopt the Negative Declaration, and to approve zone change P97-0821 with findings and conditions set forth in the resolution (Exhibit "A"), and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Tavern, Teeter, Ortiz, Tkac : NOES: None 7 10. COMMUNICATIONS A) Written None B) Verbal None 11. COMMISSION COMMENT-~ A. Committees 12, DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THF NEXT PRE-MEETING. Mr.' Grady recommended the pre-meeting not be canceled since the next meeting will be a general plan amendment cycle. 13. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 7:24 p.m. Laurie Davis Recording Secretary Planning Director