HomeMy WebLinkAbout09/03/98Council Chamber, City-Hall
1. ROLL CALL
AGENDA
REGULAR MEETING OF THE
_PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Thursday, September 3, 1998
5:30 p.m.
JEFFREY TKAC, Chairman
MICHAEL DHANENS, Vice-Chairman
STEPHEN BOYLE
MA THEW BRAD Y
MARTI MUNIS-KEMPER
ROBERT ORTIZ
WADE TA VORN
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.
2. PUBLIC STATEMENT,~
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 shalI '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 Cbunci 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appeals are withdrawn prior to the City Council hearing, it will not be conducted and the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withdrawn, the action of the Planning Commission shall become final.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, ThUrsday - September 3, 1998
Page ?
.CONSENT AGENDA ITEM-~ - (marked by asterisk (*)
These items will be acted on as a group without individual staff presentations if no member of
the Planniog 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 theitems acted on as a group.
APPROVAL OF MINUTE-~
ApProval of minutes of the regular meetings held June 29, 1998 and July 2, 1998.
PUBLIC HEARING - SITE PLAN REVIEVV (John Wilson & Associates)
SITE PLAN REVIEW FILE NO P98-0558 - The applicant has appealed two conditions of
an approvedsite plan review for a used vehicle sales business. Specifically, the
applicant is requesting deletion of compliance items D.7 and D.8 (requirement to form a
maintenance district for landscaping and pay applicable fees associated with the
formation of that district, respectively), that the Public Works Department required for
project apl~roval. Located at 3302 California Avenue.
STAFF RECOMMENDATION: Approve Appeal
Groupvote.
PUBLIC HEARINGS - EXTENSIONS OF TIMF
1) VESTING TENTATIVE TRACT 5684 (Telstar Engineering)
Located south of Palm Avenue, approximately 660 feet east of Jewetta Avenue.
Co~nsisting of 36 lots on 20 acres, zoned E (Estate). (Negative Declaration on
file) '.
STAFF RECOMMENDATION: Approve with conditions
GroUp vote.
2)
VESTING. TENTATIVE TRACT 5688 (DeWalt Corporation)
Located on the-north side of Harris Road between Stine Road and Ashe Road.
Consisting of 371 lots on 80.64 acres, zoned R-1 (One Family Dwelling).
(Negative' Declaration on file)
STAFF RECOMMENDATioN:
GrouPvote.
Approve with conditions
Agenda, PC, Thursday - September 3, 1998
Page
PUBLIC HEARING. TENTATIVE PARCEL MAP
TENTATIVE PARCEL MAP 10533 (Telstar Engineering)
Located between Auburn Street and Highway 178, approximately ~ mile east of Fairfax
Road. COnsisting of 2 parcels on 8.15 acres, zoned C-2 (Regional Commercial) for
purpoSesof a seniors independent living apartments. (Categorically exempt)
STAFF RECOMMENDATION: Approve with conditions
Group vo~.
STAFF RECOMMENDATION:
PUBLIC HEARING TENTATIVE TRACT MAP
TENTATIVE TRACT MAP 5924 (Cornerstone Engineering)
Located at the northeast corner of Oswell Street and East Brundage Lane; being a
portion of.the southwest 1/4 of Section 35, Township 29 South, Range 28 East
M.D.B.&M. Consisting of 35 lots on 8.68 acres, zoned R-1 (One Family Dwelling) and a
waiver of mineral rights owner's signatures pursuant to BMC Section 16.20.060 B.2.
(Negative ~Declaration on file)~
STAFF RECOMMENDATION: Approve with conditions
Group vote.
PUBLIC HEARINGS - ORDINANCE AMENDMENT~
1) P98-0441 - Ordinance amending the Bakersfield MUnicipal Code by adding
Chapter 17.66 relating to hillside development, and defining standards for a
Hillside' Development (HD) zoning district in those areas that have natural slopes
exceeding eight (8) percent located primarily in northeast part of the City of
Bakersfie d. (Negative Declaration on file)
Approve
Roll call vote.
2)
Ordinance amending Title 17 of the Bakersfield Municipal Code, Chapter 17.57,
concerning use of metal storage containers. The proposed revisions include
language to allow additional storage containers for a temporary period during the
holiday season, and to clarify sections of the basic regulations. (Categorically
exempt) ·
STAFF RECOMMENDATION:
Roll call vote.
Approve
Agenda, PC,
Thursday'- SePtember 3, i 998
Page,I
3)'
Ordinance amending Title 17 of the Bakersfield Municipal Code, Chapter 17.60,
Sign Regulations. The proposed amendments include increasing the freeway
oriented sign area along Pierce Road, modifying the area of real estate, fUture
use and construction signs so that they are consistent with each other, clarifying
sections concerning pylon sign prohibitions, and making minor corrections
regarding section number and zone references. (Categorically exempt)
STAFF RECOMMENDATION:
Roll call ~vote.
Approve
4) Ordinance amending Title 17 of the Bakersfield Municipal Code, Section
17.10.020, proposing.to add to the list of permitted accessory uses in residential
zones With limitations, the use of ramps, platforms and other similar structures
for riding skateboards, rollerblades and cycles. (Categorically exempt)
STAFF RECOMMENDATION: Approve
Roll call Vote. ·
10.
SELECTION AND DESIGNATION OF REDEVELOPMENT PROJECT AREJn.
BOUNDARIES AND PRELIMINARY PLAN APPROVAl
1)
Consideration of a resolution of the Bakersfield Planning Commission selecting
and designating the boundaries of the proposed Old Town Kern-Pioneer Project
Area; and approving and adopting a Preliminary Plan formulated for the
redevelopment of said area.
STAFF RECOMMENDATION~ Adopt resolution selecting and designating the
boundaries of the proposed Old Town Kern-Pioneer Redevelopment Project Area, and
approving:and adopting a preliminary plan formulated for the redevelopment of said
area.
Group vote.
2)
Consideration of a resolution of the Bakersfield Planning Commission selecting
and designating the boundaries of the proposed Southeast Bakersfield
Redevelopment Project Area; and approving and adopting a Preliminary Plan
formulated for th e :redevelopment of said area.
STAFF RECOMMENDATION: Adopt resolution selecting and designating the
boundaries of the proposed Southeast Bakersfield Redevelopment Project Area, and
approving and adopting a preliminary plan formulated for the redevelopment of said
area.
Groupvote.
Agenda, PC, ThUrsday. September 3, 1998
Page
11.
GENERAL PLANCONSISTENCY FINDINGA
1)
General plan consistency finding pursuant to Section 65402 of the Government
Code for vacation of superseded road right-of-way on Coffee Road, southerly of
R°sedale Highway, requested by Public Works Department. (Categorically
exempt)
STAFF RECOMMENDATION:
G rou p vole.
Make finding
12.
2)
General plan consistency finding pursuant to Section 65402 of the Government
Code for vacation of pedestrian walkway easement extending between El Toro
Drive to Wayside Alley, in Tract 1470, requested by the'Public Works
Department. (Categorically exempt)
STAFF RECOMMENDATION:
Group vote.
COMMUNICATION.~
Make finding
A) Written
B) Verbal
13. COMMISSION COMMENTS
A) Committees
14.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THi!
NEXT PRE-MEETING
15. ADJOURNMENT.
August 31, 1998
Pit
STANLEY GRADY, Secretary
Planning Director
MINUTES OF THE REGULAR MEETING
OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Held september 3, 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
MATHEW BRADY
MARTI MUNIS-KEMPER
ROBERT ORTIZ
RON SPRAGUE
WADE TAVERN
Absent:
STEPHEN BOYLE
ADVISORY MEMBERS:
Present:
CARL HERNANDEZ, Deputy City Attorney
DE.NNIS FIDLER, Building Director
MARIAN SHAW, Engineer IV
S TA FF: Pre s e n t:
MARC GAUTHIER, Principal Planner
JENNIE ENG, Associate Planner
PAM TOWNSEND, Recording Secretary
2. PUBLIC STATEMENTS
None
The Chairman read the notice of right to appeal as set forth on the agenda.
CONSENT CALENDAR
None
APPROVAL OF MINUTES
A motion was made by Commissioner Ortiz, seconded by Commissioner Brady, to
approve the minutes of the regular meetings held June 29, 1998 and July 2, 1998.
Minutes, PC -Thursday, September 3, 1998
Page 2
PUBLIC HEARING- SITE PLAN REVIEW (John Wilson & Associates)
SITE PLAN REVIEW FILE NO P98-0558 - The applicant has appealed two conditions of
an approved site plan review for a used vehicle sales business. Specifically, the
applicant is requesting deletion of compliance items D.7 and D.8 (requirement to form a
maintenance district for landscaping and pay applicable fees associated with the
formation of that district, respectively), that the Public Works Department required for
project approval. Located at 3302 California Avenue.
A staff report was given; staff recommends approval of apPeal.
The public.'~earing portion of this item was opened; no one spoke in opposition.
Mr. JOhn Puryear, applicant, referred to a letter from Public Works that had been
distributed in the AUgust 31 meeting and requested a copy. He also asked if the 10-day
hold prior to issuance of a building permit would remain in place; staff replied that it
would.
The public hearing portion of this item was closed.
A motion was made by Commissioner Brady, seconded by Commissioner Ortiz, to adopt
the attached resolution approving the appeal and incorporate the August 28, 1998
memorandum from Marion Shaw with Public Works. Motion carried.
PUBLIC HEARINGS - EXTENSIONS OF TIMF
1) VESTING TENTATIVE TRACT 5684 (Telstar Engineering)
Located south of Palm Avenue, approximately 660 feet east of Jewetta Avenue.
Consisting of 36 lots on 20 acres, zoned E (Estate). (Negative Declaration on file)
A staff report was given; staff recommends approval with conditions.
The public hearing portion of this item was opened.
Mr. Larry Koch, who lives at the end of Shellabarger, stated that the proposed street will
intrude into his property, require the relocation of an existing septic tank, that the street
would curve in front of his yard too close to the house itself, creating an unsafe
condition. He also indicated the layout would make it necessary to back out into traffic
on Shellabarger, and suggested that a new survey would be needed to avoid a potential
hazard. Mr: Koch submitted signatures from residents of the area opposing this item as
presently designed.
The public hearing portion of this item was closed.
Commissioner Brady asked staff if good cause was required before a continuance was
granted. Staff's reply was unintelligible (microphone not on). Mr. Brady expressed
concerns about the project as proposed and that he would normally prefer a specific
reason why a continuance was needed. He indicated that he would support the
applicant's request if the continuance was necessary to investigate possible problems
with the project, and asked to hear from other Commissioners.
Minutes, PC -Thursday, September 3, 1998
Page 3
Commissioner Dhanens asked staff to describe Mr. Koch's property. Using an aerial
.... photograph;..staff identified_theJocation_of_Mr~._Koch'.s~or_ope[ty as well as_peripheral.
streets and iadjacent reference points. Mr. Dhanens asked for clarification of the effect
the knuckle into Shellabarger would have on local street circulation, and how the
condition would otherwise be handled if the two streets were not connected with the
knuckle. Staff replied that if the streets were not connected the street line would have to
be shortened and turned into a full cul-de-sac.
Commissioner Dhanens asked Mr. Koch if he had had any discussion with the applicant
regarding this issue. Mr. Koch replied that the applicant told him the street was a
requirement of the Fire Department, but that no one had contacted him before on how to
handle the Property. Mr. Dhanens asked if additional negotiations had been suggested;
Mr. Koch said that they had not. Commissioner Dhanens indicated his approval of
granting the continuance.
Commissioner Brady pointed out that the Commission hasn't the authority to redesign
the map. He asked staff to confirm that the Commission could only grant or deny the
extension; staff replied that that was correct.
Commissioner Sprague asked the following: did the Fire Department indeed require a
secondary access at the intersection of Shellabarger at the cul-de-sac; could a cul-de-
sac be created there; if it could, would Mr. Koch lose a portion of his property as a result;
if the septictank had to be relocated, who would pay for it; and finally, could such a
requirement be assessed on a parcel map already vested? Staff replied that a
secondary access would be required because of the length of the cul-de-sac.
Mr. Sprague agreed that a continuance was necessary, but expressed doubt as to how
to resolve the conflict of imposing new conditions on a parcel already vested. Mr.
Hernandez stated that this was not a new condition that was being added to the map;
rather it was an existing condition, that to add a new condition to a vested map would
require the Commission to make a finding of a dangerous situation or condition to the
surrounding property and/or residents.
Commissioner Dhanens asked staff if the continuance were denied, would the applicant
need to redesign the tract in order to satisfy some of these concerns. Mr. Hernandez
stated that the Planning Commission could deny the continuance but would have to
· make a finding that the denial was based on some public health, safety, or general
welfare reason.
A motion was made by Commissioner Dhanens, seconded by Commissioner Brady, that
this item be continued to the Planning Commission meeting of September 17, 1998, or
the Monday pre-meeting if it is held. Motion carried.
2) VESTING TENTATIVE TRACT 5688 (DeWalt Corporation)
Located on the north side of Harris Road between Stine Road and Ashe Road.
Consisting of 371 lots on 80.64 acres, zoned R-1 (One Family Dwelling). (Negative
Declaration on file)
A staff report was given; staff recommends approval with conditions.
Minutes, PC - Thursday, September 3, 1998 Page 4
The public hearing, portion of this item was opened; no one spoke in opposition.
Mr. Jason Van Curen, De Walt Corporation, stated that the applicant had reviewed the
conditions of approval and found them acceptable. He also requested some discussion
regarding traffic and sewer fees, indicating that changes had been requested to
Conditions 5 1 and 5.2 of Exhibit I, referring to a memo previously distributed to
Commission members; namely, would the fees be the same as those that were in place
prior the extension of time. Staff referred the applicant to Council Resolution 128-97,
which adopted transportation impact fees for Phases I and II of the project, and
suggested ~adding the language, "Phase I" at the beginning of Condition 5.2.
The public hearing portion of this item was closed.
Commissioner Brady suggested adding "original" between "the" and "application" on the
Septembei 3, 1998 memo from Marian Shaw to clarify the sewer application fee. Mr.
Van Curen stated that this would be acceptable.
A motion Was made by Commissioner Kemper, seconded by Commissioner Ortiz, to
approve a one-year extension of time for vesting Tentative Tract 5688 to expire July 14,
1999, with findings and conditions set forth in the attached resolution, Exhibit A, with an
inclusion of the September 3, 1998 memo from Marian Shaw with the addition of the
word "original'' in the 5.1 line between the word "the" and "application," and with the
addition ofthe words, "Phase I" in Condition 5.2 prior to regional traffic impact fee.
Motion carried.
PUBLIC HEARING - TENTATIVE PARCEL MAP
TENTATIVE PARCEL MAP 10533 (Telstar Engineering)
Located between Auburn Street and Highway 178, approximately % mile east of Fairfax
Road. Consisting of 2 parcels on 8.15 acres, zoned C-2 (Regional Commercial) for
purposes of a seniors independent living apartments. (Categorically exempt)
A staff report was given; staff recommends approval with conditions.
The public: hearing portion of this item was opened; no one spoke in opposition.
Mr. Darryl ~VVard, representing the applicant, indicated agreement to all the conditions of
approval except fencing off the easement of Southern California Edison both on the east
and west Side of the property and submitted S.C.E.'s written disapproval of this
requirement. He asked that this condition be eliminated, proposing instead the
installation of a north-south fence on the property line in lieu of the easement line. He
said they would fence the property on the east side as well, separating it from the
adjacent church parking lot, and would put a wrought-iron fence along Auburn Street
with access gates to which S.C.E. would have keys. Mr. Ward indicated that the
driveways~had also been modified to accommodate S.C.E. maintenance needs.
The public hearing portion of this item was closed.
Minutes, PC - Thursday, September 3, 1998 Page 5
=
Commissioner Sprague stated that landscaping the area under the power lines would
help..beautif-y-the ar. ea..and_add_some.park,likesettings.to.thecommunity, _that it would be
a benefit to the church as well as the residents in the general area. Mr. Sprague
indicated that he would support this item as recommended, with the deletion of the
fence requirement along the access easement.
Commissioner Dhanens asked if the site plan in question had been submitted for a
conditional use permit application. Staff replied that there were nO requirements for
landscaping within the easement; however, if the fence were deleted, a condition should
be specifiCally included that the area in question would be landscaped. Mr. Dhanens
asked referred to a map where landscaping had been shown in that area and asked if it
had been included in the C.U.P. application. Staff replied that the map was inaccurate;
Mr. Ward stated that the C.U.P. didn't address that issue, that the entire project would be
submitted to the Building Department next week to begin the project, and described
some of the landscaping planned for the easements in question. Mr. Ward stated that
'he would have no objection to the addition of a specific condition regarding landscaping
in that area, as long as it reflected the limit of landscaping on the west easement.
CommissiOner Sprague asked if the applicant was going to ask for a waiver of the park
land fees in lieu of the proposed landscaping. Mr. Ward replied that if such were an
option, the applicant might pursue it. Mr. Sprague asked staff if a waiver was possible;
staff replied that it was not since no waiver had been applied for and was therefore not
on the table.
CommissiOner Dhanens asked staff if a suitable condition could be added regarding the
landscaping in which it could be stipulated that the Planning Director have final approval
of the landscaping plan and its implementation. Staff said that it would be acceptable.
A motion was made by Commissioner Dhanens, seconded by Commissioner Kemper, to
approve tentative Parcel Map 10533 with the findings and conditions set forth in the
attached resolution (Exhibit A) with the following changes to Exhibit 1, Conditions of
APproval: :That Planning Condition 6 which required the fencing would be deleted; that
the approval also contain the memorandum from Jack LaRochelle to the Planning
Commission dated August 17, 1998; and that the following condition be added, that the
land underlying the two easements on the Parcel Map be landscaped to the satisfaction
of the Planning Director and to the easement holder. Motion carried.
PUBLIC HEARING - TENTATIVE TRACT MAp
TENTATIVE TRACT MAP 5924 (Cornerstone Engineering)
Located at the northeast corner of Oswell Street and East Brundage Lane; being a
portion of the southwest 1/4 of Section 35, Township 29 South, Range 28 East
M.D.B.&M~ Consisting of 35 lots on 8.68 acres, zoned R-1 (One Family Dwelling) and a
waiver of mineral rights owner's signatures pursuant to BMC Section 16.20.060 B.2.
(Negative Declaration on file)
A staff report was given; staff recommends approval with conditions.
The public hearing portion of this item was opened; no one spoke in opposition.
Minutes, PC -Thursday, September 3, 1998
Page 6
Mr. Mike Callagy, Cornerstone Engineering, stated that the applicant had read all of the
-conditior~s~of-approval.as-amended-by.a~em.o.:from .P_ublic..VW3¢ks....~Referdng. P..hase IV,
he asked that two cross gutters remain as designed rather than the installation of a
storm drain as imposed by staff, and gave a brief explanation of the design and function
of the -cross gutters.
The public hearing portion of this item was closed.
Commissioner Kemper stated she believed the applicant's request reasonable and that
she would support it.
Ms. Shaw stated that the item in question was an ordinance issue, and the Commission
had no authority to make a condition relating to the requirement, that it was under the
discretion of the Public Works Director. Ms, Shaw said she would forward the
Commission's preference in this matter and consult the applicant.
Commissioner Brady asked Public Works for input on the problem of maintenance. Staff
replied that iif cross gutters are not steep enough, an algae problem often develops and
they have to be water-blown out. She did not have an exact cost of this item, but
conceded itwas not considerable. Mr. Brady agreed with Ms. Kemper, that the cross
gutters should be allowed as requested.
Commissioner Sprague asked Public Works if the storm gutter drains were adequately
sized to take water run-off if the property north of Oswell Park is developed in the near
future, or if requirements for drainage sump areas would be placed on the developer.
Staff replied that the property to the north as well as the subject parcel were portions of a
single drainage area and that the storm.drains had been sized accordingly.
A motion was made by Commissioner Kemper, seconded by Commissioner Brady, to
approve and adopt the negative declaration and to approve Tentative Tract 5924 with
findings and conditions set forth in the attached resolution Exhibit A with the inclusion of
a memo from Marian Shaw dated June 25, 1998, and a letter from Public Works and the
agreement that Public Works and the developer will work out a mutually agreeable
decision onthe cross gutters. Motion carried.
PUBLIC HEARINGS - ORDINANCE AMENDMENTS
1)
P98-0441 - Ordinance amending the Bakersfield Municipal Code by adding
Chapter 17.66 relating to hillside development, and defining standards for a
HillSide Development (HD) zoning district in those areas that have natural slopes
exceeding eight (8) percent located primarily in northeast part of the City of
Bakersfield. (Negative Declaration on file)
CommissiOner Sprague declared a possible conflict of interest on this item.
A staff report was given; staff recommends approval.
Mr. Jack Hardisty, Development Services Director, and Fire Chief Ron Fraze gave a
brief explanation of why the ordinance was necessary. Mr. Gauthier stated that the
questions regarding this particular ordinance were of a very technical nature, and that
the best format for discussing them would be at a committee meeting. He suggested
Minutes, PC -Thursday, September 3, 1998
Page 7
that this matter go to a subcommittee with City staff and representatives of each group
· Jnvolved. to~discusstheJssues_and answer.questions. _Mr._Gauthier indicated that
ordinance could still go in place exactly as scheduled (January 1, 1999) and prior to any
major development in northeast Bakersfield.
The public!hearing portion of this item was opened; no one spoke in opposition.
Mr. Roger Mclntosh stated that the 7% grade in this ordinance was already a
requirement in City standards; however, in a hillside area such a limit would create
longer streets, less density and more restriction on what can be done with the property.
He referred to the County requirement, which can allow up to 15% grade, which makes
for a more efficient development using less cut and fill. He also stated that the maximum
cut and fill section in the ordinance was overly restrictive and contradictory as well as
costly, leaving little incentive to develop. Mr. Mclntosh also pointed out several sections
which impOsed conditions already in place in other restrictions.
Ms. Renee' NelsOn expressed concern for preserving the hillside as a physical asset to
the community.
Mr. John Ciceroni, Mt. View Bravo, gave a short presentation that addressed secondary
access, the types of roads and the grades applied to those roads, and the separation of
arterials, collectors and locals. He explored potential problems that might arise with the
conditions of this ordinance, including restriction of certain types of construction, and
explained how other California counties have handled similar situations. Mr. Ciceroni
agreed that this matter should be returned to committee for further consideration.
Mr.' Dennis Fox expressed support of the ordinance.
Ms. Laura Simon, B.I.A., agreed with Mr. Gauthier that this matter should be returned to
committee.
Mr. Brian Todd, Bakersfield Association of Realtors, concurred with Ms. Simon and
supported returning this item to committee for further discussion and consideration.
Mr. Randy Berquist, Porter-Robinson Engineering, agreed with Mr. Mclntosh and Mr.
Ciceroni and recommended returning the item to cOmmittee. He also asked that he be
permitted to take part in any discussion of the ordinance.
The public hearing portion of this item was closed.
Commissioner'Dhanens stated that he would support returning this item to committee,
and discussed the relationship of slope allowance to limits in densitY.
Commissioner Tavorn, a member of the Hillside Ordinance Committee, indicated that
the information provided by all parties, whether government agencies, businesses,
community groups or individuals, has been valuable and rewarding; however, during the
two years the Committee has met, only the Fire Department attended regularly. Mr.
Tavorn invited all those who had concerns to participate in future discussions, which he
would support.
Minutes, PC - Thursday, September 3, 1998
Page 8
Commissioner Kemper made a motion, seconded by Commissioner Ortiz, to continue
..... -the public,.he~ing_.~is.item~._the.second_Planning Commission. meeting in October, and
move this item to committee. Motion carried. The first public meeting of the reconvened
Hillside Ordinance Committee will be Thursday, September 17, 1998 at 4:00 P.M. at
1715 Chester Avenue. -
.2) Ordinance amending Title 17 of the Bakersfield Municipal Code, Chapter 17.57,
concerning use of metal storage containers. The proposed revisions include
language to allow additional storage containers for a temporary period during the
holiday season, and to clarify sections of the basic regulations. (Categorically
exempt)
A staff report was given; staff recommends approval.
The public hearing portion of this item was opened; no one spoke in opposition.
Lee Jamies°n of Instant Storage asked the Commission to consider the following
changes to.the proposed ordinance: 1) Page 5, General Regulation Section C: change
to allow metal storage containers to be placed on either concrete slabs or asphalt with a
standard 3 over 2 as opposed to an engineered perimeter or foundation; 2) Page 4,
Section B, 17.57052: change the period during which additional containers are allowed
from November 1st through December 31st to October 1st through December 31st.
The public hearing portion of this item was closed.
Mr. Fidler stated that Mr. Jamieson had met with staff earlier, and that staff had no
objection to the proposed change to Section C.
Commissioner Kemper asked if staff had any reservations regarding the extension of
time. Mr. Fidler indicated that granting the extension was at the discretion of the
Planning COmmission.
Commissioner Tavorn suggested that many retailers might wish to extend the allotted
time past January 15, a typical time for inventory, and asked what would happen should
that occur. Staff replied that the retailer or individual would be cited. Mr. Jim Eggert
suggested the storage period be amended to begin October 15 and end January 15.
Commissioner Dhanens asked if the section regarding general regulations would apply
to any temporary containers that a property owner may put on his site; staff replied that it
would.
A motion was made by Commissioner Dhanens, seconded by Commissioner Sprague,
to adopt the attached resolution approving the proposed text revisions per Exhibit A with
the following changes: that Section 17.57.080, Item C, shall read, "each metal storage
container shall be placed on either a 4" concrete slab or a minimum 3" asphalt concrete
over 2" aggregate base as required by the Building Director;" and that Section
17.57.020, Subsection B, that the dates be changed to October 15 and January 15 of
the following calendar year. Motion carried.
Minutes, PC Thursday, September 3, 1998 Page 9
10.
3)
Ordinance amending Title 17 of the Bakersfield Municipal Code, Chapter 17.60,
SignRegulations._ The. propesed.amendments includejncr, easing .the fre .e_w. ay
oriented sign area along Pierce Road, modifying the area of real estate, future
use and construction signs so that they are consistent with each other, clarifying
sections concerning pylon sign prohibitions, and making minor corrections
regarding section number and zone references. (Categorically exempt)
A staff repOrt was given; staff recommends approval.
The publiC.hearing portion of this item was opened; no one spoke in opposition.
The public:hearing portion of this item was closed.
A motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz, to
adopt the attached resolution approving the proposed text revisions as depicted in
Exhibit A. Motion carried.
4)
Ordinance amending Title 17 of the Bakersfield Municipal Code, Section
17.10.020, proposing to add to the list of permitted accessory uses in residential
zones with limitations, the use of ramps, platforms and other similar structures for
riding skateboards, rollerblades and cycles. (Categorically exempt)
A staff report was given; staff recommends approval.
The public hearing portion of this item was opened; no one spoke in opposition.
The public hearing portion of this item was closed.
A motion Was made by Commissioner Kemper, seconded by Commissioner Sprague, to
adopt the attached resolution approving the proposed text revisions as depicted in
Exhibit A. Motion carried.
SELECTION AND DESIGNATION OF REDEVELOPMENT PROJECT ARE~_
BOUNDARIES AND PRELIMINARY PLAN APPROVAl
1)
Codsideration of a resolution of the Bakersfield Planning Commission selecting
and designating the boundaries of the proposed Old Town Kern-Pioneer Project
Area; and approving and adopting a Preliminary Plan formulated for the
redevelopment of said area.
A staff report was given; staff recommends adoption of resolution. As part of the staff
report, Mr. Ernie Glover of G.R.C. Redevelopment briefed the Commission on this item.
After reviewing the map of the property, Commissioner Brady declared a conflict of
interest on this item.
The public hearing portion of this item was opened; no one spoke in opposition.
The public hearing portion of this item was closed.
Vlinutes, PC -Thursday, September 3, 1998
Page 10
Commissioner Sprague asked if the area from Barnard Street south to Highway 178,
_._and.the_area~.f.r~3m. Union. Avenue. east-to Baker_Street had_been left out,because_it was
residential; Mr,.Wager replied that that was correct, and that some had been excluded
because there was some County property within those boundaries.
.While Mr. Wager agreed that the area described by Mr. Sprague was a feasible
candidate for redevelopment, it was not included in the proposed project for practical
reasons, to:keep the projedt'limited to a workable size. He did remind the Commission
that the area selected for redevelopment had a high degree of response from both
residents and businesses within the designated boundaries.
Commissioner Dhanens suggested that the designated area was both awkward and too
large; Mr. Wager replied that while there was some who would agree, he tended to look
at the area as an electric but manageable mix of residential and small business areas.
He described briefly how the area was chosen, the natural boundaries and community
needs, the tax increments, financial needs, and revenue potential that had been
considered'prior to any final decisions being made.
Commissioner Dhanens pointed out what appeared to be several inconsistencies with
the General Plan, and asked if changes to the General Plan would ultimately be required
to implement the uses assigned to the redevelopment area. Mr. Wager assured the
Commission that whatever redevelopment plan is adopted, its final form will be
consistent with the City's General Plan.
Commissioner Dhanens referred to a section near Truxtun Avenue that appears to be
detached from the major redevelopment area. Mr. Wager said the area designated on
the map referred to the rail yard which may be relocated at some future time, and if it
does become vacant, would be a good candidate for the Redevelopment Agency's
consideration.
A motion was made' by Commissioner Dhanens, seconded by Commissioner Ortiz, to
adopt the resolution selecting and designating the boundaries of the proposed Old
Town-Kern Pioneer Redevelopment Project Area, and approving and adopting a
preliminary plan formulated for the redevelopment of said area. Motion carried.
2)
Consideration of a resolution of the Bakersfield Planning Commission selecting
and designating the boundaries of the proposed Southeast Bakersfield
Redevelopment Project Area; and approving and adopting a Preliminary Plan
formulated for the redevelopment of said area.
A staff report was given; staff recommends adoption of resolution.
The public hearing-portion of this item was opened; no one spoke in opposition.
The public;hearing portion of this item was closed.
A motion Was made by Commissioner Sprague, seconded by Commissioner Ortiz, to
adopt the resolution selecting and designating the boundaries of the proposed
Southeast Bakersfield Redevelopment Project Area, and approving and adopting a
preliminary plan formulated for the redevelopment of said area. Motion carried.
Minutes, PC - Thursday, September 3, 1998
Page 11.
11.
· GENERAL-PLAN-CONSISTENCY FINDINGS
1)
General Plan consistency finding pursuant to Section 65402 of the Government
Code for vacation of superseded road right-of-way on Coffee Road, southerly of
ROsedale Highway, requested by Public Works Department. (Categorically
exempt)
A staff repOrt was given; staff recommends make finding.
A motion was made by Commissioner Brady, seconded by Commissioner Sprague, to
make a finding pursuant to Government Code Section 65402 that the proposed vacation
of superseded road right-of-way on Coffee Road, southerly of Rosedale Highway is
consistent with the Metropolitan Bakersfield 2010 General Plan subject to reservation of
an adequate public utility easement for any existing utilities in the affected area. Motion
carried. '
2)
General plan consistency finding pursuant to Section 65402 of the Government
Code for vacation of pedestrian walkway easement extending between El Toro
DriVe to Wayside Alley, in Tract 1470, requested by the Public Works
Department. (Categorically exempt)
A staff report Was given; staff recommends make finding.
CommissiOner Dhanens asked if the City had the ability to give the entire 10-foot strip to
the property owner who expressed an interest in maintaining it, and would it be
agreeable to the second property owner. Staff replied that since the City owned only an
easement, there was no way it could grant the other property owners' fee to the adjacent
property owner.
Commissioner Brady asked who maintained the easement at present; staff replied that it
was currently being maintained by the adjacent property owner, though occasionally
Parks would mow the grass. Mr. Brady asked if the easement were vacated, would
there be any requirement on the owners of the adjacent properties to fence it in to
prevent access. Staff replied that a fence was in place which prevented access from the
property to Wayside Park.
Commissioner Sprague asked if it were possible to fence off both ends with the property
owner maintaining the landscaped area, could the City not make an agreement with that
party to maintain the area and leave the easement in place until a later date. Mr.
Hernandez stated according to City ordinance, a private citizen could not fence off or
obstruct a Public right of way, that the easement must be vacated first. Mr. Sprague
expressed concern that until some provision for maintenance had been secured, the City
would risk having that strip turn into a trash pile, and that the easement perhaps should
not be vacated.
A motion was made by Commissioner Sprague, seconded by Commissioner Ortiz, to
continue this item to the next regular meeting. Motion carried.
Minutes, PC -Thursday, September 3, 1998 Page 12
12. · -COMMUNICATIONS
13.
14.
15.
Mr. Gauthier stated there was written material from Dennis Fox on agricultural land
preservation. He stated the staff reports for the September 17 meeting on Tuesday, but
that the final EIR on the Northeast Bakersfield Bike Path Water Facility would not be
available Until Friday.
COMMISSION COMMENTS
Commissioner Tavorn 'asked if prior to the next meeting of the Hillside Ordinance
Committee whether staff could research whether or not any complaints have been
received in the past regarding recent or past developments where the Commission had
concerns with homes or property after the developer left, what conflicts had occurred
and what stePs had to be taken. Staff replied that this matter would be researched.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THF
NEXT PRE-MEETING.
Mr. Gauthier gave an overview of the items on the next agenda. The next pre-meeting
was not canceled.
ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 9 p:m.
Pam Townsend
Recording Secretary
STANLEY GRADY, Secretary
Planning Director
pjt
October 1, 1998