HomeMy WebLinkAbout11/19/98CounCil Chamber City Hall
1. ROLL CAL__L
AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Thursday, November 19, 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. A-
final agenda may be obtained from the Planning Department 72 hoL~rs prior to the meeting.
2. PUBLIC sTATEMENT.~
ANY PERSON WHOSE NAME APPEARS ON THE AGENDA OR WISHES TO SPEAK
REGARDING A PUBLIC HEARING NEED NOT FILL OUT A SPEAKER'S CARD. ALL
OTHERS WISHING TO SPEAK BEFORE THE COMMISSION MAY FILL OUT A
SPEAKER'S CARD AND PRESENT IT TO THE SECRETARY PRIOR TO
COMMENCEMENT OF THE MEETING.
NOTICE OF RIGHT TO APPEAl
Planning Commission decisions on Zone Changes, Parcel Maps and Tentative
Subdivision maps are subject to appeal by any person aggrieved. No permit shall be
issued for any use involved in an application until after the final acceptance date of
appeal.
Such appeal must be filed in writing within 10 days from date of hearing, addressed to
the City Council, cio Office of the City Clerk, 1501 Truxtun Avenue, Bakersfield, CA
93301. A $330 non-refundable filing fee must be included with filing of the initial appeal
' for those aPpeals filed by the applicant or any person outside the notice area. All
appeals filed on land divisions will require a $330 non-refundable filing fee. If all appeals
are withdrawn prior to the City Council hearing, it will not be conducted and the decision
of the Planning Commission will stand.
If no appeal is received within the specified time period or if all appeals filed are
withdrawn, the action of the Planning Commission shall become final.
Agenda, PC,' Thursday - November 19, 1998
Page ?
CONSENT AGENDA ITEMR - (marked by asterisk (*)
.These items will be acted on as a group without individual staff presentations if no member of the
Planning Commission or audience wishes to comment or ask questions on a case. The items
are recommended for approval by staff. The applicant has been informed of any special
conditions and has signed an agreement to conditions of approval and requested to be placed on
the consent agenda.
If anyone wishes to discuss or testify on any of the consent items the item(s) will be taken off
consent and will be considered in the order on the agenda. If not, the public hearing will be
opened and the items acted on as a group.
1) Agenda Item 6.2 - Extension of Time - Revised Tentative Tract 5762
2) Agenda Item 8.4 - Vesting Tentative Tract Map 5920
3) Agenda Item '1'1 - General Plan Consistency Finding - Vacation of Eye Street
APPROVAL OF MINUTES
ApproVal of minutes of the regular meetings held September 14, September 17,
September' 28, October 1 and October 15, 1998.
PUBLIC HEARINGS -ADMINISTRATIVE REVIEW
5.1)
Administrative Review- P98-0847 (Porter-Robertson Engineering)
Administrative Review to consider amendment to the final development plans of
PCD Zone Change P98-0215 (Phase I) to allow a change in the square footage
between buildings and architectural elevations for a proposed Ralph's Market,
located north of Stockdale Highway, east of California Avenue. (Categorically .
exempt)
Staff Recommendation: APPROVE
5.2)
GrOup Vote.
Administrative Review - P98-0869 (Hopper Properties, L.P.)
Administrative Review to consider amendment to the final development plan of
PCD Zone Change P98-0494 (Phase 1) to allow size and location changes of
freestanding building pad(s) on R0sedale Highway frontage. (Categorically
exempt)
Staff Recommendation: APPROVE
Group vOte.
Agenda, PC, ThUrsday - November 19, 1998
Page 3
PUBLIC HEARINGS . EXTENSIONS OF TIME
6.1)
Revised Tentative Tract 5001 (Telstar Engineering, Inc.)
Located on the north side of Hosking Road, east of South "H" Street consisting of
136 lots on 40 acres, zoned R-1 (One Family Dwelling). (Categorically exempt)
Staff Recommendation: APPROVE
Groupv°te.
6.2)
Revised Vesting Tentative Tract 5762 (Delmarter & Deifel)
Located on the west side Wible Road on both sides of Berkshire Road consisting
of i~143 lots on 48 acres, zoned R-1 (One Family Dwelling). (Categorically
exempt)
Staff Recommendation: APPROVE
Group vote.
PUBLIC HEARING -TENTATIVE PARCEL MAP 10347 (Wayne Massie)
Located on the northwest corner of East Pacheco Road and Cottonwood Road,
consisting of two parcels on 40 acres on property zoned 7.3 (Heavy Industrial) in the
Casa Loma Specific Plan, and a waiver of mineral rights owners' signature in
accordance with Bakersfield Municipal Code SectiOn 16.20.060 B. (Categorically
exempt) i(Continued from meeting of November 5, 1998)
STAFF RECOMMENDATION: APPROVE
Group vote.
PUBLIC HEARINGS - VESTING TENTATIVE TRACT MAP~
8.1) VeSting Tentative Tract Map 5915 (DeWalt Corp.)
Bordered,by Norris Road on the north, Coffee Road on the east, Hageman Road
on the south, and Calloway Drive on the west consisting of 5 lots on 74.5 acres
· on property zoned R-1 (One Family Dwelling) and R-2 (Limited Multiple Family
Dwelling) and a waiver of mineral rights owners' signature in accordance with
Bakersfield Municipal Code Section 16.20.060 B.1. (Negative Declaration on file)
Staff Recommendation: APPROVE
8.2)
Gr°up vote.
Vesting Tentative Tract Map 5916 (DeWalt Corp.)
Bordered by Norris Road on the north, Coffee Road on the east, Hageman Road
on the south, and Calloway Drive on the west consisting of 5 lots on 135 acres
on property zoned R-1 (One Family Dwelling) and OS (Open Space) and a
waiver of mineral rights owners' signature in accordance with Bakersfield ·
Municipal Code Section 16.20.060 B.1. (Negative Declaration on file)
Agenda, PC; Thursday. November 19, 1998
Page
10.
8.3)
Staff Recommendation: APPROVE
Group vote.
Vesting Tentative Tract Map 5917 (DeWalt Corp.)
'Bordered by Norris Road on the north, Coffee Road on the east, Hageman Road
on the south, and Calloway Drive on the west consisting of 5 lots on 78 acres on
property zoned R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling)
and C-1 (Neighborhood Commercial) and a waiver of mineral rights owners'
signature ~n accordance with Bakersfield Municipal Code Section 16.20.060 B.I.
(Negative Declaration on file)
Staff Recommendation: APPROVE
Gr°u p vote.
8.4)
Vesting Tentative Tract Map 5920 (SmithTech-USA Inc.)
Located on the north side of Olive Drive, between Coffee Road and RiverLakes
Drive (extended) consisting of 251 lots on 63.13 acres for single family residential
purposes, zoned R-1 (One Family Dwelling) and OS (Open Space) zones, and a
waiver of mineral rights signatures pursuant to BMC 16.20.060 B:I. Applicant is
alSo requesting a modification to allow reduced lot depth on one lot. (Negative
Declaration on file.)
Staff Recommendation: APPROVE
Group vote.
PUBLIC HEARING - ZONE CHANGE NO. P98-0746 (Cornerstone Engineering)
Located on the southwest corner of Stockdale Highway and South Allen Road
requesting.a change from a P.C.D. (Planned Commercial Development) zone to a
revised P.C.D: (Planned Commercial Development) zone on a 5-acre commercial
shopping center to allow change in building configuration and architecture of
freestanding Building B for a proposed "Sonic Burger" restaurant. (Negative Declaration
on file)
Staff RecOmmendation:
APPROVE
· Roll call vOte.
PUBLIC HEARING - ORDINANCE AMENDMENT P98-0441 - Ordinance amending the
Bakersfield Municipal Code by adding Chapter 17.66 for a Hillside Development (HD)
zoning district. In addition, a change of zone in those areas that have slopes exceeding
eight (8) percent located primarily in the northeast part of the City of Bakersfield to add
the HD zone as a combining zone. (Negative Declaration on file) (Continued from
meeting of November 5, 1998)
STAFF RECOMMENDATION:
Roll call vote.
APPROVE
Agenda, PC, ThUrsday- November 19, 1998
Page 5
11.
12.
13.
14.
GENERAL PLAN CONSISTENCY FINDING General plan consistency for vacation of
Eye Street between the Burlington Northern Santa Fe Railroad and 14th Street to
provide additional parking area for use by County of Kern agencies. (Categorically
exempt) :
STAFF RECOMMENDATION:
Make finding
Group vote.
COMMUNICATIONS
A) written
B) verbal
COMMISSION COMMENTS
A) COmmittees
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE
NEXT pRE-MEETING.
15. ADJOURNMENT
pit
November 16, 1998
MINUTES OF THE REGULAR MEETING
OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Held November 191' 1998, 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
MARTI MUNIS-KEMPER
ROBERT ORTIZ
RON SPRAGUE
Absent:
WADE TAVORN
ADVISORY MEMBERS:
Present:
ANDREW THOMSON, Deputy City Attorney
JACK LEONARD, Assistant Building Director
MARIAN SHAW, Engineer IV
STAFF:
Present:
STANLEY GRADY, Planning Director
JIM MOVIUS, Principal Planner
MARC GAUTHIER, Principal Planner
JENNIE ENG, Associate Planner
PAM TOWNSEND, Recording Secretary
2. PUBLIC STATEMENTS
None
CONSENT CALENDAR
Commissioner Tkac advised that Item 3.2, Agenda Item 8.4, was pulled from the
Consent Agenda.
A motion Was made by Commissioner Brady, seconded by Commissioner Ortiz, to
accept consent Agenda Item 3.1 Extension of Time for Revised Tentative Tract 5762
and Consent Agenda Item 3.3 General Plan Consistency Finding for the Vacation of Eye
Street. Motion carried.
Minutes, PC, November 19, 1998 Page 2
.4.
APPROVAL OF-MINUTES OF.REGULAR MEETING OF SEPTEMBER ~14, 17 AND 28,
1998 ANDOCTOBER 1 AND 15, 1998.
CommissicJner Dhanens made a revision to the meeting of September 17, 1998, Page 6,
Agenda Item 6.6. It incorrectly stated Commissioner Sprague declared a conflict of
interest instead of Commissioner Dhanens.
A motion was made by Commissioner Dhanens, seconded by Commissioner Brady, to
approve the minutes of the meetings of September 14, 17 and 28 and October 1 and 15,
1998 with the one revision. Motion carried.
PUBLIC HEARING -ADMINISTRATIVE REVIEW
5.1. Administrative Review P98-0842
Staff report was given.. Staff recommended that the Commission find the proposed
change consistent with the preliminary development plans.
The public portion of the item was opened; no one spoke in opposition.
Mr. Lucian Amos, owner of property at 5501 Dunsmuir, stated he was in favor of the
project but questioned whether there would be any midnight calls on the trash compactor
and would they be coming in through the emergency entrance. Staff stated there was
nothing in the proposal about the trash compactor but timing on use could be addressedl
Mr. Fred POrter of Porter-Robertson Engineering, representing the applicant, spoke on
the phase line of the project. Access into this project is from the front, either California
Avenue or Stockdale Highway. The back access by Mr. Amos' property is only an
emergency access required by the fire department. He also spoke regarding the
demolition and erection of the masonry walls around phase I and I1.
Mr. Grady stated that the elevation of the building is beyond the purview of the Planning
Director to say that it is consistent with the final development plan, but the Planning
Commission can make that determination. He stated this is not the opportunity to
change anY original conditions or add new conditions unless they relate directly to the
item that is in question which is the elevation of the building. Therefore, staff stated the
compactor issue could not be revisited at this point, because the only issue is the
elevation for Ralph's replacing the elevation for Smith's. The question about phasing is
when the wOrk would have to be done, whether it would all have to be done at once or
be done with the phase under construction. Mr. Grady stated it would be with the Phase
under construction.
Mr. Porter stated they just wanted to clarify they are not doing Phase II at this point. He
stated it should say "building" instead of "buildings" on Page 1, Condition 5.
Mr. Grady suggested that if clarification is needed on the conditions they be dOne
outside of this meeting.
Minutes, PC, NOvember 19, 1998
Page 3
Mr. Porter further talked about driveways, drainage and parking.
The public hearing portion of this item was closed.
Commissioner Tavorn was seated at 5:55 p.m. He stated that he had listened to the
tape of Monday's pre-meeting and will be participating in the meeting.
Commissioner Brady asked staff if their recommendation was to send this matter back
and redo it.! Staff said that was not the case unless the applicant was demanding their
changes be addressed at this meeting. Commissioner Brady asked staff if there was
any issue of parking changed as a part of the administrative review to put that back on at
this meeting. Staff stated that was not part of the application.
Mr. Porter, Commissioner Brady and staff had a lengthy discussion regarding the
numberof Parking stalls required since the addition of Condition 9. Commissioner Brady
also stated that Page 8, Item 2c of the staff report had a typographical error. It should
be California Avenue instead of Calloway Avenue.
Commissioner sprague stated he missed Monday's meeting, but listened to the tape
and will participate if needed in this meeting. He asked staff if the crash gate was open
to access; Staff stated it was not open to access. Commissioner Sprague asked Mr.
Grady if the plan could be changed. Mr. Grady stated it could not be changed.
Commissioner Boyle and staff spoke regarding changing the number of parking stalls,
access and the trash compactor.
Commissioner Dhanens asked Mr. Brady if the parking stall issue could be worded so it
does not h~ve to come back to the Planning Commission. Mr. Brady stated it should not'
be part of ti~e administrative review. Commissioner Dhanens asked Mr. Porter if he
would be willing to change the parking spaces at the Planning Director's level.
Mr. Porter stated he could. Commissioner Dhanens stated that with all the comments he
supported the application.
Commissioner Tavorn asked Ms. Shaw what the current level of traffic is at the
intersection' of California and Stockdale. Ms. Shaw deferred to Mr. Steve Walker, Public
Works Traffic Engineer, stated it is above level C at this time.
A motion was made by Commissioner Brady, seconded by CommissiOner Ortiz, to adopt
a resolution making findings and determining that the proposed final development plan
for Phase lis in substantial compliance with the approved PCD with conditions as set
forth in the attached resolution, Exhibit ^. Motion carried.
5.2 Administrative Review P98-0869
Commissioner Dhanens declared a conflict of interest.
A staff repOrt was given and staff recommended approval.
The public hearing portion of this item was opened; no one spoke in opposition.
Minutes, PC, NOvember 19, 1998
Page 4
Mr. Lee jamison, owner of Northwest Promenade for Hopper Properties, LP stated he
~was .available to .answer. questions. . ·
The public hearing portion of this item was closed.
A motion Was made by Commissioner Boyle, seconded by Commissioner Ortiz, to adopt
the resolutiOn making findings and determining the proposed final development plan as
amended for Phase I is in substantial compliance with the approved PCD, P96-0494.
Motion carried.
PUBLIC HEARING - EXTENSION OF TIME
6.1 Revised Tentative Tract 5001
Staff report was given.
Commissioner Boyle asked if this matter could be continued until January. Staff advised
it could be continued until the date most convenient.
The public hearing portion of this item was opened; no one spoke in opposition or in
favor. The public portion was closed.
A motion was made by Commissioner Kemper, seconded by Commissioner Brady, to
move this matter to the first meeting in January. Motion carried.
6.2 Revised Vesting Tentative Tract 5762
See consentagenda.
PUBLIC HEARING - TENTATIVE PARCEL MAP 10347 (Continued from meeting of
November 5 1998.)
Staff report was given.
Ms. Marian Shaw spoke on condition 2 and construction of the actual improvements.
The public hearing portion of this item was opened; no one spoke in opposition.
Mr. Wiley Hughes, representative of wayne Massie, stated they were satisfied with the
conditions as modified.
The public Portion was closed.
Commissioner Boyle asked Ms. Shaw about the deletions of Item 1 and Item 3. He
questioned who would pay for those when the time came to put them in. Ms. Shaw
stated they were being subdivided into very large parcels and would most likely be
further subdivided or come to site plan review at which time they would be required.
Minutes, PC, November 19, 1998 Page 5
Commissioner Dhanens stated he had no problem with deferring some of the
- - · improvements._He~questioned.whether it was,necessary to_,add the language_that the,
improvements would be applied at the site plan review stage. Mr. Grady and Ms. Shaw
stated it wOuld be a requirement of the site plan review that these be in place.
A motion Was made by Commissioner Kemper, seconded by Commissioner Boyle, to
approve tentative.parcel map 10347 with findings and conditions set forth in the attached
resolution Exhibit A with the strike out of 2.2 and the memorandum of November 19th.
Motion carried.
PUBLIC HEARING - VESTING TENTATIVE TRACT MAPS
Commissioner Dhanens declared a conflict of interest on Items 8.1 through 8.4.
8.1 Vesting Tentative Tract Map 5915
8.2 Vesting Tentative Tract Map 5916
8.3 Vesting Tentative Tract Map 5917
Staff report was given; staff recommends approval with the conditions attached to the ·
exhibits incorporating the memos from the Public Works Department for Tract 5915 and
TraCt 5916: With Tentative Tract 5917, staff recommends approval with conditions as
shown in .the attached staff report and the Public Works memo.
The public hearing portion of this item was opened; no one spoke in opposition.
Ms. Kathy Fritz of DeWalt Corporation, representing Fruitvale Properties, the applicant,
stated they agreed to the final recommendations of staff. In their initial subdivision
application they noted their intent to comply with Title 16 of the Municipal Code
regarding mineral rights by having the mineral rights owners sign the final map. There
have been variOus surface waivers already recorded so they wanted to comply with Title
16 either bY the owner signing the map or by waiver of signature. Ms. Fritz asked that
the Commission approve all three tentative maps with conditions as presented.
Mr. Paul Kay, Planning and Development Director for Fruitvale Properties, the master
developer fOr RiverLakes Ranch, stated his agreement of the final recommendations of
staff and requested approval of the Commission. He also spoke regarding the spine
road that will connect the R-1 and 1:{-2 property, widening Norris Road in front of Mary
Cave's house, and the canal fencing.
The public hearing portion of this item was closed.
Commissioner Sprague asked the developer a question regarding the deferral of park
fees. Mr. Kay stated they were not being collected at this time because there were no
homes being built, but they would be collected when permits are issued.
Commissioner Brady questioned staff about the waiving of mineral rights. Staff advised
the conditions do not have to be changed.
Minutes, PC, NoVember 19, 1998
Page 6
A motion was made by Commissioner Brady, seconded by Commissioner Boyle, to
._approve.and .adopt.-the Negative Declaration and approveVesting Tentative Tract 5915
with findings and conditions set'forth in the attached resolution, Exhibit A, with the
November 19, 1998 memorandum from Marian Shaw. Motion carried.
A motion was made by Commissioner Brady, seconded by Commissioner Ortiz, to
approve and adopt the Negative Declaration and approve Vesting Tentative Tract 5916
with findings and conditions set forth in the attached resolution, Exhibit A, with the
November !9, 1998 memorandum from Marian Shaw. Motion carried.
A motion was made by Commissioner Brady, seconded by Commissioner Sprague, to
approve and adopt the Negative Declaration and approve Vesting Tentative Tract 5917
with findings and conditions set forth in the attached resolution, Exhibit ^, with replacing
Exhibit 1 of tentative tract 5917 with Exhibit 1 set forth as an attachment to the
memorandum dated November 16, 1998 from Stanley Grady and with the changes as
set from in the memorandum from Marian Shaw dated November 19, 1998, Motion
carried.
8.4 Vesting Tentative Tract Map 5920
Staff report was given.
The public hearing portion of this item was opened; no one spoke in opposition.
Mr. Bob smith of SmithTech USA, representing the applicant, asked for a continuance
on this matter.
The public :hearing portion of this item was closed.
CommissiOner Brady asked staff if the applicant comes back with a new map would they
have time to review it and prepare a staff report in time for the next Planning
CommissiOn meeting. Staff stated they would if it was continued to JanuarY. The
applicant stated they would rather go ahead with the current map and come back with a
revised map.
Commissioner Boyle asked where it would be on the agenda, and staff stated it could be
on the consent Calendar on December 17, 1998.
Commissioner Tavorn asked staff if there is going to be a median on Olive Drive and
how many lanes it is going to be. Ms. Shaw stated there is a median on Olive now. The
offset is in a good direction with no left turn conflicts. She stated there was no problem
when this Wasreviewed with the Traffic Engineer.
A motion Was made by Commissioner Boyle, seconded by Commissioner Kemper, to
continue this matter to the pre-meeting on December 14, 1998. Motion carried.
Break taken:
Minutes, PC, November 19, 1998
Page 7
PUBLIC HEARING -ZONE CHANGE P98-0746
Staff report was given. Staff recommends approval with the change to condition 8 in
Section 1 to allow for a minimum 10 foot wide landscaping Width and to correct the
parking spaces to accurately reflect the site plan which is 37 spaces.
The public hearing portion of this item waS opened.
Ms. Mary Sack and Ms. Bridget Hughes, homeowners on the left side of the brick wall,
voiced their concern over the noise from the speakers, the traffic on the corner, the
lighting, and the grease from the smoke stacks.
Mr. Mike Callagy, Cornerstone Engineering, representing Consumer Science
Corporation, the Sonic Drive-in developer, and Mr. John Taft, the owner and developer
of the entire shopping center, asked the Commission to approve the project without the
deceleration lane. He addressed Item 8, the landscaping; Item 10, weed abatement and
dust control; Item 12, deceleration lane; freight loading; median island fees; parking; and
the architecture.
Mr. John Taft owner of the property, spoke regarding the deceleration lane and his
concerns regarding staff's recommendation to demolish the existing landscaping. He
also spoke regarding the freight lane and parking.
Ms. Barbara Lomas, a Del Rio resident, stated the majority of the residents in the area
are in favor of this project.
Mr. Scoff McMillian, the Sonic Drive-In franchisee, voiced his concern over the
requirement to have a deCeleration lane and asked that the deceleration requirement be
removed as a.part of the site plan condition.
The public portion of this item was closed.
Commissioner Sprague stated he believed it would be bad planning to pull out the
existing landscaping and put in a deceleration lane. He voiced his concern with the
smoke from cooking going into the neighbor's backyard to the west. He asked Mr.
Callagy if the smoke could be filtered. Mr. Callagy stated the smoke and grease are not
extenSive. Commissioner Sprague stated he would like to ask the developer to control
the weed problem until the building is built. Mr. Callagy stated there was no problem
with controlling the weeds, but he was against holding up the Sonic building permit until
it is done. Commissioner Sprague stated he supported approval of the project without
the deceleration lane.
Commissioner Boyle stated he supports the idea of a deceleration lane but feels it is in
the wrong spot. He feels the maintenance condition is appropriate. He supports the
applicant on the aisle width between the parking in the back of the restaurant and drive-
through. He feels the smoke should not be a concern.
Commissioner Kemper stated she agreed with Commissioner Boyle.
Minutes, PC', November 19, '1998
Page 8
10.
Commissioner Brady stated he agreed that a deceleration lane is not necessary. He
.stated some concern regarding the drive through and possibly congesting traffic on
' Stockdale Highway during peak hours. He agreed with Commissioner Boyle on the
other issueS.
Commissioner Dhanens asked if the City has a standard width for a drive-through aisle.
Staff stated that as far as she knows there is no standard. He stated his concern
regarding parking, stacking in the drive-through lane and congestion in the drive aisles.
"He stated he would not be in favor of including a deceleration lane at the eastern-most
driveway, but would like to have one at the western-most driveway.
Commissioner Boyle and Commissioner Dhanens spoke again to the issue of parking
spaces and landscaping.
^ motion was made by Commissioner Boyle, seconded by Commissioner Dhanens, to
approve Zone Change P98-0746 with findings and conditions as set forth in the attached
resolution Exhibit A and recommend to send the same to City Council with the following
changes: Exhibit 1, Item 8, minimum 20 foot wide landscaping and with the additional
requirement that the developer is going to provide trees on 25 foot frontage and the
developer is to bring back a landscape plan for review by the Planning Commission;
Section 1, Item 10 will remain as is but with the addition that the developer can meet this
condition by entering into a contract with the present owner of the land to do the work;
Item 12 deleted and in its place will be a provision that the deceleration will be
constructed on the west side of the west driveway at the time that additional
development is done on the project; Section 2, paragraph E-2 be deleted with the
understanding that the applicant is going to reduce the drive aisle from 12 feet to 11 feet.
Motion was carried by the following roll call vote:
AYES:
NOES:
Commissioners Boyle, Brady, Dhanens, Kemper, Ortiz, Tavorn, Tkac
None -
ABSENT: ~ None
Recess taken.
PUBLIC HEARING - ORDINANCE AMENDMENT P98-0441,
Commissioner Sprague declared a conflict of interest.
A staff report was given. Staff recommended approval with conditions as stated on the
diagram, in the memo from the Fire Department dated November 18th, and in the memo
from Stanley Grady dated November 13th.
The public'hearing portion of this item was opened.
Ms. Laura Snideman, representing the BIA of Kern County, voiced her concern over the
grade and ~:ontoUring'slope as proposed in the ordinance. She asked that a decision be
made and it not be sent back to committee.
Minutes,-PC, November 19, 1998 Page 9
11.
Mr. Brian Todd with the Bakersfield Association of Realtors asked that the ordinance be
..... turned down. or-make.the designated changes.
Mr. Dennis Fox spoke in favor.
The public hearing portion of this item was closed.
Mr. Jack Leonard withthe Building Department spoke regarding this issue.
Commissioner Brady stated he was in agreement with most of the ordinance, but he felt
the maximum grade of access (17.66.030) is far too restrictive and he would not support
this ordinance unless those percentages were arterial 7, collector 7, and local street 7.
CommissiOner Ortiz stated this ordinance is regarding public safety and he supports it
100%.
CommissiOner Dhanens stated he supports the ordinance.
CommissiOner Kemper stated she cannot support the ordinance with the grades as
restriCtive as they are. She asked the opinion of the Fire Department. The'
representative from the Fire Department stated they were in favor of the ordinance
_ because of response time. Commissioner Kemper said she was in support of 7, 7, and
7, but not the existing proposed maximum grades.
CommissiOner Boyle stated he supports the ordinance as is; however, if it does not
pass, he would support 7, 7, and 7.
Staff stated the City of Bakersfield has 800 lane miles and 66 lane miles that are in
excess of 4%.
A motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz, to
approve and adopt the negative declaration and to approve Case No. P98-0441, an
amendment to Title 16 of the Bakersfield Municipal Code with findings as set forth in the
attached resolution Exhibit C with the inclusion of the amended diagram No. 2 as
presented today, the memorandum dated November 13, 1998 to the Planning
Commission from Stanley Grady, and the memorandum dated November 18, 1998 to
the Planning Commission from Fire Chief Ron Fraze. Motion carried by the following roll
call vote:
AYES:'
Commissioners Boyle, Dhanens, Ortiz, Tavorn
NOES:
ABSENT:
Commissioner Brady, Kemper, Tkac
None
GENERAL PLAN CONSISTENCY FINDING for vacation of Eye Street between the
Burlington Northern Santa Fe Railroad and 14th Street.
See consent agenda.
Minutes, PC, NoVember 19, .1998 Page 10
12. . COMMUNICATIONS.
Mr. Grady stated the PUD ordinance and the units for multi-family was passed at the
City Council last night and will go into effect in one month.
13. COMMISSION COMMENTS/COMMITTEES.
Commissioner Kemper asked Mr. Grady to provide information to the Commissioners on
the next League of Cities Conference.
14.
15.
Commissioner Dhanens asked Ms. Shaw if there were restrictions on the proximity of
deceleration lanes and warrants. He asked Mr. Grady about the ordinance pertaining to
Wal-Mart and if they were allowed to leave empty trailers next to their pad.
Commissioner Ortiz commended Public Works and Traffic on the deceleration lane
going off of 99 onto Easton Drive. He stated Del Taco has very poor circulation.
Commissioner Sprague asked Staff about noticing people adjacent to projects, He
asked what, happens with the notices sent out but which are not deliverable. He
~wondered if there was some type of follow-up that if notices are sent out and are not
delivered if they could trace them down to get to the property owners.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE
NEXT PRErMEETING.
It was decided that there would be a pre-meeting on December 14, 1998.
ADJOURNMENT.
There being no further business to come before the Commission, the meeting was
adjourned at 9:53 p.m.
Pam Townsend, Recording Secretary
Planning Director
pjt
December 18, 1998
....... -:- .-____
___:- 'B A K E- R S-.F I E.L.D
Denni~ C.-Fidler ---
BUilding Director
(805_) 326-3720 Fax (805) 325-0266
Development :Services-Department
- JackH&rdisty, Director.
stanley C. Grady -
Planning Director
(805) 326-3733 Fax (805) 327-0646
NOTICE OF CANCELLATION
OF
THE REGULAR MEETING
OF~-THE PLANING COMMISSl0N
OF THE CITY OF BAKERSFIELD
NOTICE IS HEREBY GIVEN that the regularly scheduled meeting of the
Planning CommiSsion of the City of Bakersfield scheduled for THURSDAY,
DECEMBER 3, 1998, is canceled.
DATED: November 30, 1998
pc\agenda\12-3
City of Bakersfield · 1 715 Chester AVenue · Bake'rsfieldi-California · 93301