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Home My WebLink About10/15/98 AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall 1. ROLL CAEL ALTERNATE: Thursday, October 15, 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 RON SPRAGUE 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 If all appeals are withdraWn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the P!_anning Commission shall become final. Agenda, PC, Thursday, October 15, 1998 Page 2 3. _ .CONSENT-AGENDAITEMS - (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 ithe items acted on as a group. 1) 2) 3) 4) Agenda Item 4.1 - Extension of Time - Tentative Tract 5706 Optional Design Agenda Item 4.2 - Extension of Time - Tentative Tract 5646 Agenda Item 5.1 - General Plan Consistency Finding - Acquisition of water well site. Agenda Item 5.2 - General Plan Consistency Finding - Acquisition of 1.8 acres west of Freeway 99. PUBLIC HEARINGS - EXTENSIONS OF TIME 1) Tentative Tract 5706 Optional Design (John Wilson and Associates) Located on the south side of Highway 178, about 300 feet east of Miramonte Drive consisting of 32 lots for single family residential purposes, 2 open space lots, a pedestrian access and private street on 4.61 acres zoned PUD (Planned Unit Development)..(Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions Group vote. 2) Tentative Tract 5646 (Telstar Engineering) Located at the southeast corner of Fairfax Road and Valleyview Drive consisting of 46 lOts on 13 acres, zoned R-2 (Limited Multiple Family Dwelling). (Negative Declaration on file) STAFF RECOMMENDATION: Approve Group vote. 3) Tentative Tract 5707 (Castle & Cooke) Located on the west side of Renfro Road between Stockdale Highway and the CroSs Valley Canal consisting of 90 lots on 25.04 acres zoned R-1 (One Family Dwelling). (Negative Declaration on file) Agenda, PC, Thursday, October 15, 1998 Page 3 _STAFF_.RECOMMENDATION: Approve Group vote. 4) Tentative Tract 5682 (Castle & Cooke) Located on the west side of Renfro Road between Stockdale Highway and the Cross Valley Canal consisting of 237 lots on 55.84 acres zoned R-1 (One Family Dwelling). (Negative Declaration on file) Approve STAFF RECOMMENDATION: Group vot®. GENERAL PLAN CONSISTENCY FINDINGS 1) General plan consistency finding pursuant to Government Code Section 65402 for acquisition of water well site within future residential tract located southwest of the intersection of Calloway Drive and Norris Road. (Categorically exempt) STAFF RECOMMENDATION: Group vote. Make finding 2) General plan consistency finding pursuant to Government Code Section 65402 for acquisition of 1.8 acres located generally west of Freeway 99 along the north side of the Kern River. (Categorically exempt) STAFF RECOMMENDATION: Make finding Group vot®. COMMUNICATIONS A) Written B) Verbal COMMISSION COMMENTS A) Committees DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING. 9. ADJOURNMENT October 12, 1998 Planning Director MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held'Thursday, October 15, 1998, City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL ~ COMMISSIONERS: Present: JEFFREY TKAC, Chairperson MATHEW BRADY MARTI MUNIS-KEMPER ROBERT ORTIZ WADE TAVORN Alternate: RON SPRAGUE Absent: STEPHEN BOYLE MICHAEL DHANENS, Vice Chairperson ADVISORY MEMBERS: Present: CARL HE'RNANDEZ, Deputy City Attorney DENNIS FIDLER, Building Director MARIAN SHAW, Engineer IV STAFF: Present: STANLEY GRADY, Planning Director JIM: MOVIUS, Principal Planner MIKE LEE, Associate Planner PAM TOWNSEND, Recording Secretary PUBLIC STATEMENTS NOne The Chairman read the notice of right to appeal as set forth on the agenda. 3. CONSENTCALENDAR 1) Agenda Item 4.1 - Extension of Time - Tentative Tract 5706 Optional Design Agenda Item 4.2 - Extension of Time - Tentative Tract 5646 Removed from consent calendar. Minutes, PC, Thursday, October 15, 1998 Page ? 3) Agenda Item 5.1 - General Plan Consistency Finding - ACquisition of water ...... well-site.-- ' ..... 4) Agenda Item 5.2 - General Plan Consistency Finding - Acquisition of 1.8 acres west of Freeway 99. Motion was made by Commissioner Brady a6d seconded by Commissioner sprague to approve consent items 3.3) and 3.4). Motion carried. PUBLIC HEARINGS - EXTENSIONS OF TIMF 1) Tentative Tract 5706 Optional Design (John Wilson and Associates) Located on the south side of Highway 178, about 300 feet east of Miramonte DriVe consisting of 32 lots for single family residential purposes, 2 open space lotsi a pedestrian access and private street on 4.61 acres zoned PUD (Planned Unit Development). (Negative Declaration on file) Staff report recommending approval with modified conditions as attached to Exhibit A of the resolution was given. Public pOrtion of the hearing was opened; no one spoke either for or against the Project. Public portion of the hearing was closed. Commissioner Sprague commented that there are items in the analysis of the staff report that are not correct. One of those is which there is a crash gate on Miramonte but not available to this tract. There-is another crash gate on Highway 178 fo~ Fire Department purposes only but does not live up to the exPectations of the Fire Department for secondary access, fully improved road access or crash gate. The staff report also made a statement in error that De la Gue~ra Terrace will be used as a connector between Miramonte.Drive and Los Palmas Drive. The homeowners association in Phase 2 of Tract 4443 voted not to open up the cul-de-sac at the end of De la Guerra Terrace, which they own. The Project changing condominiums to homes does not run in continuity with that development. Commission Sprague stated that he would support denial of this non-vested Tentative Tract. Commissioner Brady asked staff if a Fire Department representative was in attendance. The answer was "no." Commissioner Brady commented that commissioner Sprague raised some interesting issues and the applicant is not present because he thought it would be on the consent calendar. Therefore, he would support a motion for continuance to the next meeting so that the Fire Department and applicant can respond to the questions. Mr. Fidler commented that he was involved in the secondary egress when the project came through. Mr. Fidler said the homeowners association has no say in opening up the cul-de-sac for secondary access. The access is there now and has been a condition for the tracts prior to this. Minutes, PC, Thursday, October 15, 1998 Page 3 Commissioner Sprague quoted a paragraph from the staff report which read "that ................ Eakeside-Wayis-proposed-as-a~private street, to,.be.c~nnected to.the.existing Lakeside Way south of Las Palmas Drive with future development LakeSide Way is to be extended to the east to intersect De la Guerra Terrace." Commissioner . Sprague agreed with Mr. Fidler that there is a crash gate but not a public street because the public streets are owned by the' homeowners association 'on De la Guerra and they voted not to allow a public street to go through to Lakeside. Mr.-Fidler commented that a second access does not have to be a public right-of- way. There are several examples such as Morningside Drive. Mr. Hernandez mentioned that issues were being discussed that the applicant would Want to address so therefore the item should be continUed. A motion was made by Commissioner Sprague and seconded by Commissioner Brady to continue the item until the next meeting, November 5, 1998. Motion carried.' 2) Tentative Tract 5646 (Telstar Engineering) Located at the southeast corner of Fairfax Road and Valleyview Drive consisting of 46 lots on 13 acres, zoned R-2 (Limited Multiple Family Dwelling). (Negative Deqlaration on file) Staff report recommending approval was given. Pubiic portion of the hearing was opened. Julie MOrris, a resident of Littler Court, was concerned about what type of construction would be built. .DarrYl Ward, one of the owners of the property, responded by saying that it is unknown what will be built on the property at this time but the intent was to build the same type of t.riplexes and fourplexes that are already there. Public portion of the hearing was closed. Commissioner Sprague stated his concerns about what the builder would place on the property. Commissi°net Brady commented that since this is a vesting map the only thing the Commission can do is approve it or not approve it. Commissioner Brady told Ms. Morris that in order to disapprove the map, that it must be proved that it would be a danger to health, safety or welfare and there is no evidence of this. Ms. Morris was concerned about a single family home that was built on the property. Mr. Grady said that staff knew nothing about this house. Mr. Ward came forward to show the site of the house that has been constructed. He explained that six or seven lots .were transferred out of the tract. Minutes, PC, Thursday, October 15, 1998 Page 4 Commissioner Brady asked staff what is the status of the P.U.D.? Mr. Grady ............. respended.by.saying the-site is.not a P~U~D~-.butzoned..R-_2 ....... Commissioner Tavorn asked if you can build a single family structure in an R-2 zone. Mr. Grady responded with a "yes." ' ; Motion was made by Commissioner Brady and seconded by Commissioner Sprague to approve a one year extension of time for Vesting Tentative Tract 5646 to expire August 18,' 1999 with findings and conditions set forth in the' attached resolution Exhibit A. Motion carried. 3) Tentative Tract 5707 (Castle & Cooke) Located on the west side of Renfro Road between Stockdale Highway and the Cross Valley Canal consisting of 90 lots on 25.04 acres zoned R-1 (One Family Dwelling). (Negative Declaration on file) Staff rePort recommending approval was given. Public portion of the hearing was opened; no one spoke in opposition. Roger Mclntosh represented the applicant stating their concurrence with staff's recommendation. Pubiic portion of the hearing was closed. Motion was made by Commissioner Kemper and seconded by Commissioner Brady, to approve a one year extension of time for Tentative Tract 5707 to exp!re September 1, 1999, with findings and Conditions set forth in the attached resolution Exhibit A. Motion carried. 4) Tentative Tract 5682 (Castle & Cooke) Located on the west side of Renfro Road between Stockdale HighWay and the Cross Valley Canal consisting of 237 lots on 55.84 acres zoned R-1 (One Family Dwelling). (Negative Declaration on file) Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in opposition. Roger Mclntosh represented the applicant stating their concurrence with staff's recommendation. Public portion of the hearing was closed. MotiOn was made by Commissioner Ortiz and seconded by Commissioner Brady, to aPprove a one year extension of time for Tentative Tract 5682 to expire September 1, 1999, with findings and conditions set forth in the attached resolution Exhibit A. Motion carried. Minutes, PC, Thursday, October 15, 1998 Page 5 'GENERAL PLAN CONSISTENCY FINDINGR ' 1) .General plan consistency finding pursuant to Government Code Section 65402 for acquisition of water well site within future residential tract located southwest of . the intersection of Calloway Drive and Norris Road. (Categorically exempt) 2) Approved asa consent agenda item. General plan consistency finding pursuant to Government Code Section 65402 for acqUisition of 1.8 acres located generally west of Freeway 99 along the north side of the Kern River. (Categorically exempt) Approved as a consent agenda item. COMMUNICATIONS Mr. Grady stated for the Commission's information that the two ordinances the CommissiOn approved for multi-family projects having amenities and larger lots and the P.U.D. ~ordinance will be on the City Council Agenda November 4, 1998. coMMISSiON COMMENTS CommissiOner Tavorn reported from the Hillside Ordinance Committee meeting that Mr. Gauthier p~esented to them a Proposed ordinanCe and representatives from the public · and business industry were there and several issues were discussed and commented on as to what Should be done with findings. The final product will be brought to the Planning COmmission at the first meeting in November. Commissioner Sprague asked Mr. Fidler if it was his department;s responsibility to enforce*the sign ordinance as there are many political campaign signs all over town but especially in the northeast on telephone and power poles which are illegal. Mr. Fidler resPonded by saying that' that is public right,of-way and the Building Department only enforces, private property. Mr. Fidler said that they could contact the persons responsible for putting up the signs and have them moved. Commissioner Kemper asked about the Standing committee memo issued by Mr.' Hernandez and asked Mr. Hernandez to explain what their options are in reference to a Commissioner being able to attend a committee meeting as a non-member, just an observer and maybe the pros and cons and how they should proceed. Maybe put it on a' future agenda. Mr. Hernandez responded by saying it needed to be put on an agenda so that the public cOuld hear what was being discussed. Chairman Tkac requested staff- to put it on an agenda as soon as it can be prepared. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THF NEXT PRE-MEETING. Mr. Grady gave an overview of items on'the next agenda. Minutes, PC, Thursday, October 15, 1998 Page 6 Mr. Fidler commented to Commissioner Sprague that most of the area he was ;*-*con -c, erned'about.-thecampaign~signs beingall-over.was in the.county, and~there was not much the city could do about it. Motion was made by Commissioner Brady and seconded by COmmissioner Ortiz to cancel the pre-meeting of November 2, 1998. 9. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 6:18 p.m. Pam Townsend Recording Secretary STAN~ Planning Director ' pit October 27, 1998