Loading...
HomeMy WebLinkAbout06/18/98Council chamber, City Hall AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Thursday, June 18, 1998 5:30 p.m. 1, ROLL CALL JEFFREY TKAC, Chairman MICHAEL DHANENS, Vice-Chairman STEPHEN BOYLE MATHEW BRADY MARTI MUNIS-KEMPER ROBERT ORTIZ WADE TAVORN ALTERNATE: RON SPRAGUE 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, 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decis..ion of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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, 6/18198 Page ? .3. CONSENT;AGENDA ITEMR - (marked by asterisk (*) These itemslwill 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 wi~hes 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. PUBLIc HEARING -VESTING TENTATIVE PARCEL MAP 1053-~ (Martin-Mclntosh) A proposed vesting tentative parcel map for single family residential purposes containing 3 parcels on 87.88 acres, zoned R-1 (One Family Dwelling) and OS (open - space); and waiver of mineral rights signatures pursuant to BMC 16.20.060 B. 1. located at the southeast corner of Stockdale Highway and South Allen Road. (Negative Declaration on file) RECOMMENDATION: APPROVE WITH CONDITIONS Group vote! PUBLIC HEARING - ORDINANCE AMENDMENT Ordinance amending Chapters 17.46, 17.47 and 15.67 to the Bakersfield Municipal Code relating to the adoption of Drilling Island (DU) District, Petroleum Extraction (PE) Combining District, and Oil and Gas Production zones to include the area generally located between Rosedale Highway, Kern River, Gibson Street and the Friant-Kern Canal, known as the Rosedale No. 5 Annexation area (Prezoning Ordinance No. 3473 (File No. 5275) as applicable to these chapters of the Bakersfield Municipal Code. (Categorically exempt) RECOMMENDATION: APPROVE Roll call vote. PuBLIc HEARINGS - GENERAL PLAN AMENDMENTS, CONCURRENT ZONI- CHANGES AND RIVERLAKES RANCH SPECIFIC PLAN AMENDMENT la) GENERAL PLAN AMENDMENT CASE NO. P98-0225 - CASTLE & COOKE CA, INC. has proposed an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan for a condition modification to change the timing of improvements located on the south side of Stockdale Highway between Old River Road, the Kern River Canal and Buena Vista Road. (Categorically exempt) RECOMMENDATION: DISAPPROVE Roll call vote. Agenda, PC, 6118198 Page b) 2a) b) 3) 4) Ordinance amendment condition modification changing the timing of improvements located on the south side of Stockdale Highway between Old River Road, the Kern River Canal and Buena Vista Road. (Categorically exempt). RECOMMENDATION: DENY Roll call vote. GENERAL PLAN AMENDMENT CASE NO. P98-0237 - CORNERSTONF ENGINEERING has proposed to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from GC (General Commercial) to LR (Low Density Residential) on 2.06 acres located northeast of the intersection of Brundage Lane and Oswell Street. (Negative Declaration on file) RECOMMENDATION: APPROVE WITH CONDITIONS R°ll call vote. Zone Change/Ordinance Amendment consisting of changing the existing zoning district from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on 2.06 acres located northeast of the intersection of Brundage Lane and Oswell Street. (Negative Declaration on file) RECOMMENDATION: APPROVE WITH CONDITIONS Roll call vote. GENERAL PLAN AMENDMENT CASE NO. P98-0175 - CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT has proposed a Circulation Element Amendment changing the designation of Panorama Drive between Haley Street and Union Avenue from arterial to collector. (Categorically exempt) RECOMMENDATION: APPROVE Roll:call vote. GENERAL PLAN AMENDMENT, CIRCULATION ELEMENT AND RIVERLAKE~ RANCH SPECIFIC PLAN AMENDMENT CASE NO. P98~0263 - CITY OF BAK. ERSFIELD has proposed an amendment to the Bikeway Master Plan Map (Figure 111-7) of the Circulation Element of the Metropolitan Bakersfield 2010 General Planl and proposed amendment to the RiverLakes Ranch Specific Plan related to bikeways. (Negative Declaration on file) RECOMMENDATION: APPROVE Roll call vote. Agenda, PC, 6/18198 Page COMMUNICATIONS A) written B) Verbal COMMISSION COMMENTS A) Committees DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THF 10. June 15, 1998 NEXT PRE-MEETING. ADJOURNMENT Secretary MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION -.. OF. THE CITY OF BAKERSFIELD Held Thursday, June 18, 1998, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL = COMMISSIONERS: Present: JEFFREY TKAC, Chairperson MICHAEL DHANENS, Vice Chairperson STEPHEN BOYLE MATHEW BRADY ROBERT ORTIZ RON SPRAGUE ADVISORY MEMBERS: Absent: Present: MARTI-MUNIS KEMPER WADE TAVORN CARL HERNANDEZ, Deputy City Attorney DENNIS FIDLER, Building Director MARIAN SHAW, Engineer IV STAFF: Present: The Chairman read the nOtice of right to PUBLIC STATEMENTS STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner LAURIE DAVIS, Recording Secretary appeal as set forth on the agenda. None CONSENT AGENDA ITEMS None Minutes, PC, 6/18/98 4. PUBLIC HEARING -VESTING TENTATIVE PARCEL MAP 10535 Page 2 Staff report was given recommending approval with conditions. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Roger Mclntosh, representing the applicant, stated that he has read the staff report and concurred with the conditions of approval as amended by the June 15 memorandum. He also indicated that the applicant would be asking for exemption from school fees as allowed by law. The publiC hearing portion of this item was closed. A motion Was made by Commissioner Brady, seconded by Commissioner Ortiz, to approve and adopt the negative declaration and to approve vesting Tentative Parcel Map 10535 with findings and conditions set forth in the resolution marked Exhibit A,~ including the revisions contained in the Planning Director's memo of June 15, !998. Motion carried. PUBLIC HEARING -ORDINANCE AMENDMENT TO CHAPTERS 17.46, 17.47, AND 15.67 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE ADOPTION oF DRILLING ISLAND (DU) DISTRICT, PETROLEUM EXTRACTION (PE) COMBINING DISTRICT, AND OIL AND GAS PRODUCTION ZONES TO INCLUDE THE AREA GENERALLY LOCATED BETWEEN ROSEDALE HIGHWAY, KERN RIVER, GIBSON STREET, AND THE FRIANT-KERN CANAL, KNOWN AS THE ROSEDALE NO. 5 ANNEXATION AREA (PREZONING ORDINANCE NO. 3473, FILE NO. 5275) AS APPLICABLE TO THESE CHAPTERS OF THE BAKERSFIELD MUNICIPAL CODE. Staff report was given recommending approval. The public hearing portion of this item was opened; no one spoke in opposition. The publiC hearing portion of this item was closed. Minutes, PC, 6/18/98 Page 3 A motion was made by Commissioner Ortiz, seconded by Commissioner 'Dhanens,~to approve and adopt the negative declaration and to approve the ordinance' amending Chapters 17.46, 17.47 and 15.67 to the Bakersfield Municipal Code as described, and with findings set forth in the resolution marked Exhibit "A" and recommend same to City Council. Motion carried by the following roll call vote: AYES: NOES: Dhanens, Boyle, Brady, Ortiz, Sprague, Tkac None 6.1 a&b 6.2 a&b PUBLIC HEARING - GENERAL PLAN AMENDMENT, AND ORDINANCE AMENDMENT -- CONDITION MODIFICATION Staff report was given recommending denial. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Roge:r Mclntosh; representing the applicant, requested a two-week continuance on this item to allow resolution of issues brought up in a memo by Jack LaR°chelle, and conclusion of joint efforts with the Public Works Department t° expedite improvements along Stockdale Highway. A motion was made by Commissioner Brady, seconded by Commissioner Ortiz, to keep the public hearing portion of this item open and continue it to July 2, 1998. Motion carried. PUBLIC HEARING -- GENERAL PLAN AMENDMENT/ZONE CHANGE CASE NO. P98-0237 Staff rep6rt was given recommending approval with conditions. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Mike Callagy, Cornerstone Engineering, representing the developer, requested approval of the general plan amendment and zone change. The publi~ hearing portion of this item was closed. Minutes, PC,i 6/18/98 Page 4 CommisSioner Sprague directed an enquiry to Mr. Steve Hartsell, attorney with Schools Legal Service, Director of School District Facility Services for the Kern County Superintendent of Schools Office regarding school fees. Mr. Sprague asked for clarification regarding the criteria that governed changes in school fees. Mr. Hartsell replied that the current statutory cap was $1.84 applicable to a residential development not subject to a condition included as part of a zone change or general plan amendment. A zone change or general plan amendment can trigger an increase to implement mitigation measures. Mr. Sprague asked why this property, having gone through a previous zone change, was not required to pay the higher levy; Mr. Hartsell stated that it was not until 1993 that changes in the law coupled with agreements with the building industry allowed school districts to alter the fee structure. Mr. Hartsell also gave a brief explanation of the various methods other than outright fees that are used by districts to ensure mitigations required by the planning approval process, including environmental impacts. Chairman Tkac suggested that a workshop on school fees and methods of assessment would be both appropriate and useful; Mr. Hartzell agreed to conduct such a workshop. Commissioner Dhanens referred to Exhibit F (Sample Residential Plotting) in the staff repo..rt, asking if a certain 0.8-acre area was in the County and not a part of this application; Mr. Callagy replied that was correct. Mr. Dhanens also referred to an adjoining 2.6-acre parcel broken into four lots; Mr. Callagy said that the four-lot configuration was onlY a possibility of how the land could be divided should anY future owner decide to do so. A mOtion was made by Commissioner Brady, seconded by Commissioner Boyle, to adopt a resolution approving and adopting the negative declaration and approving the one-family dwelling R-1 zoning with findings as presented in the resolution: subject to mitigation measures as shown on Exhibit A, and recommend same to'the City CoUncil. Motion carried by the following roll call vote: : ' ' AyEs: Dhanens, Boyle, Brady, Ortiz, Sprague, Tkac NOES: NOne Minutes, PC,3 6/18/98 Page 5 A motion'.was made by Commissioner Brady, seconded by Commissioner Boyle, to adopt a resolution approving and adopting the negative declaration and approving the proposed Iow-density residential designation with findings as presented in the resolution subject to mitigation measures as shown on Exhibit A, and recommend same to the City Council. Motion carried by the following roll call vote: :~ · - AYES: Dhanens, Boyle, Brady, Ortiz, Sprague, Tkac NOES: None 6.3 GENERAL PLAN AMENDMENT CASE NO. P98-0175 - CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT Staff repOrt was given recommending approval. lhe public hearing portion of this item was opened; no one spoke in opposition. The public hearing portion of this item was closed.· Commissi:oner.Sprague asked if there were any requirement for the mortuary to improve the landscaping along Panorama Drive, such as a retaining walls. Staff replied that no such requirement had been imposed. CommissiOner Brady asked for a clarification of the status of the right-of-way; staff replied that the right-of-way would be given back to the property owner, and that this issue would be addressed in a future meeting. CommissiOner Boyle asked what advantage would be gained by the City by this process other than annexing the cemetery. Staff replied that the annexation merely incorporated an area already surrounded by the city, and that no great economic!benefit was expected. A motion was made by Commissioner Brady, seconded by Commissioner Ortiz, to adopt a resolution recommending approval of the requested amendment to the circulation element of the MetrOpolitan Bakersfield 2010 General Plan with findings'as in Exhibit D. Motion carried by the following roll call vote: AYES: Dhanens, Boyle, Brady, Ortiz, Sprague, Tkac NOES: None Minutes, 6.4 pc,. 76/18/98 Page 6 GENERA~ PLAN AMENDMENT, CIRCULATION ELEMENT AND RIVERLAKES RANCH SPECIFIC PLAN AMENDMENT CASE NO. P98-0263 - CITY OF BAKERSFIELD Commissioner Dhanens declared a Conflict of interest on this item. Staff report was given recommending, approval. The publiC hearing portion of this item was opened; no one spoke in opposition. The public hearing portion of this item was closed. Commissioner Boyle stated that he understood prior to this application the bikeways Were going to be combined some way with the sidewalks. Staff replied that they were not. Mr. Boyle referred to a portion of the application that seemed to indicate a potential combination; staff referred Mr. Boyle to Steve Walker, Traffic Engineer, Public Works Department, who indicated that the combination of bikeways and sidewalks is one element of the proposed change and gave a brief explanation regarding State interpretation of what constituted a bike lane or path. ~ Commissioner Boyle asked if such a Combination would result in some sort of multi-use.path; Mr. Walker replied that a multi-use path did not qualify as a bike path, and~because of this designation, Planning tried to avoid implementing such paths as substitutes for an element of the bikeway plan. Mr. Walker gave a brief explanation of what consituted a bike route, a bike lane, and a bike path according to CaI-Trans and vehicle code criteria. A motion was made by Commissioner Brady, seconded by Commissioner Ortiz, to approve and adopt the negative declaration and to approve P98-0263 with findings set forth in the resolution marked Exhibit A. Motion carried by the following roll call vote: AYES: Boyle, Brady, Ortiz, Sprague, Tkac NOEs: None ABSENT: Commissioner Dhanens Minutes, PC, 6/18/98 COMMUNICATIONS * There were no verbal or written communications. Page 7 coMMISSION COMMENTS Commissioner Sprague stated that he had received a phone call from Gene Bogart with the Bakersfield 'City Water Resources regarding water fees projected for the northeast water treatment plant. He asked if the fee were going to Cai Water, why would the Bakersfield City Water Resources Department be speaking for Cai Water and trying to set a fee. Mr. Sprague requested clarification of this matter in writing from Bakersfield City Water Resources, including a proposed fee structure and whether such fees would be in any way subsidized by the City of Bakersfield. He also requested a statement from Mel Byrd with Cai Water regarding his perception of what fees would be charged on a per-house basis, including a breakdown of existing City hook-up fees for a cross comparison within the Planning Commission. Staff replied that they would pass'on Commissioner Sprague's request to the Water Department; however, the Water Department would most likely question why the Commission was asking about the financing of a water facility when it has no jurisdiction over whatever that decision is. The 'matter before the Commission would be for environmental impact report purposes, not financing. Commissioner Dhanens, reporting for the committee working on the hillside ordinance, indicated that Mr. Gauthier is currently putting together a package of information that would include the ordinance draft that would be distributed to each of the Commissioners as well as to the public, and people who have requested copies for their review. Mr. Grady stated that the Urban Development Committee met on the small lot subdivision and apartments issue and looked favorably on staff's material, suggesting that the Commission proceed through the ordinance adoption process. Mr. Grady indicated that he would now take that information and into an ordinance format to 'be brought before the Commission. v Minutes, PC,! 6/18/98 Page DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF 10. ..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 6:22 p.m. Laurie Davis Recording Secretary Plannihg Director'