HomeMy WebLinkAbout01/04/99 AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
Monday - January 4, 1999
12:15 p.m.
1. ROLL CALL
ALTERNATE:
JEFFREY TKAC, Chairman
MICHAEL DHANENS, Vice-Chairman
STEPHEN BOYLE
MA THEW BRADY
MARTI MUNIS-KEMPER
ROBERT ORTIZ
WADE TA VORN
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 WISHESTO 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are withdrawn prior to the City Council hearing, it will not be conducted and the decision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withdrawn, the action of the Planning Commission shall become final.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, Monday - January 4, 1999 Page 2
3 ........ CONSENT AGENDA ITEMS ~ (markedby 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 13 - Consistency Finding - Vacation of Alley
APPROVAL OF MINUTES
Approval of minutes of the regular meetings held November 5, 1998, November 16,
1998 and November 19, 1998.
PUBLIC HEARING ON THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH
BELTWAY TRANSPORTATION CORRIDOR ALIGNMENT/FREEWAY - (Continued
from December 17, 1998)
STAFF RECOMMENDATION:
Adopt resolution making findings and recommend
certification of the Final EIR to the City Council.
Roll call vote.
PUBLIC HEARING - General Plan Amendment File No. P98-0760 - Kern COG,
County of Kern and City of Bakersfield has proposed an amendment to Circulation
Element of the Metropolitan Bakersfield 2010 General Plan adopting both the South
Beltway Transportation Corridor alignment and the specific plan line between Interstate
· 5 and State Route 58, a distance of*approximately 26 miles, transversing central Kern
County and the southern portion of the City of Bakersfield. (Continued from December
17, 1998)
STAFF RECOMMENDATION: Approve with mitigation
Roll call vote.
PUBLIC HEARING - ADMINISTRATIVE REVIEW (Marino Associates)
Administrative Review (P98-0944) to consider modification to the preliminary
development plans of P.C.D. (Planned Commercial Development) Zone Change P98-
0506 (Derrel's Mini-Storage) for the purpose of amending, approved wall and building
design located south of Stockdale Highway, west of the Kern River bridge.
(Categorically exempt)
Agenda, PC, Monday - January 4, 1999 · Page 3
10.
.... STAFF., RECOMMENDATION :. ~Approve
Group vote.
PUBLIC HEARINGS - EXTENSIONS OF TIME
8.1)
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)
(Continued from meeting of November 19, 1998)
STAFF RECOMMENDATION:
Approve
Group vote.
8.2)
Revised Tentative Tract 5327(Genevieve Myers)
Located on the north side of Hosking Road about 1/4 mile east of South "H"
Street consisting of 93 lots on 20 acres, zoned R-1 (One Family Dwelling).
(Categorically exempt)
STAFF RECOMMENDATION:
Approve
Group vote.
PUBLIC HEARING - TENTATIVE PARCEL MAP 10581 (Porter-Robertson)
Located on the east side of State Route 184 (aka Kern Canyon Road) between State
Route 178 and Mesa Marin Drive, consisting of 5 parcels on 21.27 acres for purposes of
commercial development, zoned C-1 (Neighborhood Commercial); and a 65.37 acre
designated remainder zoned R-1 (One Family Dwelling); and a request to waive mineral
right owner's signatures in accordance with Bakersfield Municipal Code Section
16.20.060 1. (Negative Declaration on file)
STAFF RECOMMENDATION:
Approve
Group vote.
PUBLIC HEARINGS - VESTING TENTATIVE TRACT MAPS
lO.1)
Vestincj Tentative Tract Map 5920 (SmithTech USA Inc.)
Located on the north side of Olive Drive, between Coffee Road and RiverLakes
Drive (extended) consisting of 235 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.) (Continued from November 19, 1998)
STAFF RECOMMENDATION:
Approve
Group vote.
Agenda, PC, Monday - January 4, 1999 Page 4
10.2)
Vesting Tentative Tract Map 5923 (Porter-Robertson) ..... ... _
Located at the southern terminus of Mesa Marin Drive, approximately one
quarter mile east of State Route 184 (aka Kern Canyon Road), and about three-
quarters mile south of State Route 178 consisting of 152 parcels on 44.45 acres
for purposes of single family residential development zoned R-1 (One Family
Dwelling), and a request to waive mineral right owner's signatures in accordance
with Bakersfield Municipal Code Section 16.20.060 I. (Negative Declaration on
file)
STAFF RECOMMENDATION:
Approve
Group vote.
11.
PUBLIC HEARING - ZONE CHANGE P98-0851 (James Stockton)
Located on the west side of Rich Springs Court consisting of a change from R-S-lA
(Residential Suburban, one-acre minimum lot size) zone to an E-10 (Estate - 10,000
square foot minimum) zone. (Negative Declaration on file)
STAFF RECOMMENDATION:
Approve
Roll call vote.
12.
PUBLIC HEARING - ORDINANCE AMENDMENT (City of Bakersfield)
Amendments to the text of the Bakersfield Municipal Code Chapter 16.52 regarding
appeal filings for subdivision maps and extensions of time for subdivisions.
(Categorically exempt)
STAFF RECOMMENDATION:
Approve
Roll call vote.
13.
14.
General Plan Consistency Finding pursuant to Government Code Section 65402 for
vacation of the alley east of Manitou Way, nOrth of Wilford Court in Tract 4264.
(Categorically exempt)
STAFF RECOMMENDATION: Make finding
GrouP vote.
COMMUNICATIONS
15.
Written
Verbal
COMMISSION COMMENTS
16.
A) Committees
ADJOURNMENT
~tecernber 21; 1998
ry
Planning Director
Held Monday, January 4, 1999
City Council Chamber, City Hall
1501 Truxtun Avenue
Bakersfield, California.
1. ROLL CALL
COMMISSIONERS:
Presenh
JEFFREY TKAC, Chairperson
MICHAEL DHANENS, Vice Chairperson
STEPHEN BOYLE
MATHEW BRADY
MARTI MUNIS-KEMPER
ROBERT ORTIZ
RON SPRAGUE
Absent:
WADE TAVORN
ADVISORY MEMBERS:
Present:
CARL HERNANDEZ, Deputy City Attorney
DENNIS FIDLER, Building Director
MARIAN SHAW, Engineer IV
Staff:
Presenh
STANLEY GRADY, Planning Director
MARC GAUTHIER, Principal Planner
JIM MOVIUS, Principal Planner
JENNIE ENG, Associate Planner
PAM TOWNSEND, Recording Secretary
2. PUBLIC STATEMENTS
None
Minutes, PC, Monday, January 4, 1999 Parle 2
CONSENT.AGENDA .ITEMS
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 13 - Consistency Finding - Vacation of Alley
Mr. Grady reported that there are letters from the applicant agreeing to conditions and
requested that the following items be placed on Consent Agenda for Thursday:
Items 8.1, 8.2, 10.1 and 11.
APPROVAL OF MINUTES
These will be acted upon on Thursday, January 7, 1999.
PUBLIC HEARING ON THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH
BELTWAY TRANSPORTATION CORRIDOR ALIGNMENT/FREEWAY - (Continued
from December 17, 1998)
Commissioner Boyle declared a conflict of interest on this item.
Staff report was 'given; staff recommends to adopt the resolution making findings and
recOmmend certification of the Final EIR to the City Council.
Commissioner Brady voiced objection about changing the route at this time without
giving proper notice to property owners.
Mr. Grady responded by saying that all the property owners in the area were notified.
Commissioner Brady said they were notified about the preferred alignment but not the
proposed change:
Mr. Hernandez stated that CEQA does not require individual notices but we did that as a
courtesy and they have the opportunity to come forward and express their opinion. He
also stated that in order for the document to be recirculated, the Planning Commission
would have to make a finding that there was a substantial change which creates a
"significant new impact" that has not already been studied. The consultant has stated
that the proposed change in the alignment is not creating any new significant
environmental impacts that needs-to be studied. Therefore, the existing EIR is adequate
to cover the proposed change that the Planning Commission asked be considered.
Commissioner Brady stated his objection to that statement as he feels that residents
along the new alignment might have some concerns that were not expressed in the
original alignment. He feels that it is inappropriate to come to the conclusion that there
are no potential environmental concerns when we've not given anyone - the State, any
other agency, the property owners or anyone the opportunity to comment on that
particular alignment as an option and will not support an environmental document for a
Minutes, PC, Monday, January 4, 1999 Page 3
.proposedfreeway alignment.when that proposed alignment was not even considered at
the time the comment period was opened.
Mr. Grady stated that there will be additional noticing when this matter is sent to the City
Council and everyone will receive the map that identifies the potential alternatives
because we could not know ahead of time which one the COmmission might be
recommending to the City Council. If the Commission stays with the proposed
alignment, this discussion is moot. If the Commission picks something different, then
staff might have to reconsider.
Commissioner Dhanens questioned staff about a memo dated January 7 in which the
new Curnow Road alternative is being discussed and it is noted that this alternative
appears to preclude a Taft Highway to Highway 99 interchange. Commissioner
Dhanens asked that if by Thursday if it could be determined whether or not that is in fact
the case or is that yet to be determined through some additional engineering studies?
Mr. Gauthier responded by saying that he would try to get a response by Thursday from
Public Works whether or not you coUld have both interchanges.
Commissioner Kemper stated that staff might consider closing the interchange at Taft
Highway since it will be a frontage road. Commissioner Kemper asked if the public that
received public hearing notices also received a map of the proposed alignments. Mr.
Gauthier responded in the affirmative.
Commissioner Brady asked that if the County voted for the preferred route what
happens when it goes to the City. Mr. Gauthier said unless it was a major change from
what we recommended - nothing. But if there is a significant change, then it would have
to come back through the Planning Commission. Right now that doesn't seem to be the
case.
Commissioner Brady mentioned that one of the issues raised at the last public hearing.
by Public Works was movement of traffic from the potential residents between Panama
and Taft Highway and that whole area and his concern was that it would be inflicting
harm upon the existing transportation system specifically White Lane and Panama if
they took that out. He asked if there was going to be some response in the EIR from
Public Works.
Mr. Gauthier said that the Planning Commission is just making a recommendation and
that Public Works would make those comments at the City Council if the Planning
Commission picked an alternative different from the preferred alignment. The Public
Works Department will be making a hard argument at the City Council meeting to come
back to the preferred alternative. That is still staff's recommendation. Same reasoning,
nothing has changed.
Mr. Brady asked for another presentation by Public Works about what their concern is
and what kind of congestion problems we are talking about if we don't go with the
preferred route.
Minutes, PC, Monday, January 4, 1999 Page 4
_Commissioner Sprague mentioned that he had a concern all along about whether or not
there will be an interchange'on Highway 99. Mr. Gauthier said that no matter which
alternative is picked, there will be a direct connection interchange on Highway 99.
Commissioner Sprague said that he would like to see a bigger blow up of what each
alternative interchange would look like.
Ms. Shaw stated that an interchange design is not ready to be performed yet. Public
Works just has the generalized design criteria presented to the Planning Commission in
the past. She stated that if you don't have spacing of at least a mile, then your weaving
sections and your on ramps will not work for two interchanges that close.
Commissioner Sprague stated that he wanted just a generalized look at the exchange in
relation to each one of the alignments, not a design concept. Something generally that
would work so that they would have a more focused target area in that 99 corridor as it
crosses an alignment. Ms. Shaw stated that she would see what she could work up.
Commissioner Sprague stated that they should also make sure the mineral rights
holders are also notified about the public hearing, not just property owners.
Commissioner Kemper asked if the Planning Commission approved the Curnow Road
alignment and then it eventually went to the City Council and staff still recommended the
preferred route if members of the Commission could speak as members of the public
and pitch Curnow Road?
Mr. Grady said that the Planning Commission's recommendation would be part of the
record that goes to the City Council and when it arrives at the City Council it will arrive
with the Planning Commission recommendation. The discussion will indicate staff's
position in respect to' the alignment alternatives.
PUBLIC HEARING - General Plan Amendment file No. P98-0760 - Kern COG
County of Kern and City of Bakersfield
Staff Report given.
This item will be heard on Thursday night.
PUBLIC HEARING - ADMINISTRATIVE REVIEW (Marino Associates)
Staff report given, requesting the Planning Commission find that this amendment is
substantially in conformance with the Preliminary Development Plans.
Item to be heard on Thursday night.
Minutes, PC, Monday, January 4, 1999 Page 5
10.
. PUBLIC HEARING - EXTENSIONS OF TIME
8.1 Revised Tentative Tract 5001 (Telstar Engineering, Inc.)
Staff report given, recommending an extension of time of one year with the
conditions attached to the Resolution.
Commissioner Ortiz questioned if this would be on Consent because he thought
that it was unusual for that individual because he gets very argumentative at the
Planning Commission.
Ms. Eng replied that the applicant requested it.
Item moved to Thursday night.
8.2 Revised Tentative Tract 5327 (Genevieve MYers)
Staff Report given, recommending approval of a one year extension of time.
Item moved to Thursday night.
PUBLIC HEARING -TENTATIVE PARCEL MAP 10581 (Porter-Robertson)
Commissioner Sprague stated that he has a conflict of interest on Item numbers 9 and
10.2.
Staff report given, recommending approval with conditions as shown in the resolution.
Item moved to Thursday night.
PUBLIC HEARINGS - VESTING TENTATIVE TRACT MAPS
10.1 Vesting Tentative Tract Map 5920 (SmithTech USA, Inc.)
Staff report given.
Item moved to Thursday night.
10.2 Vestincj Tentative Tract Map 5923 (Porter-Robertson)
Commissioner Sprague declared a conflict of interest on this item.
Staff report given, recommending approval with conditions of approval attached in the
resolution.
Commissioner Dhanens inquired if there would be a circulation route along that section
line, or if there were would be another development that would back up to this.
Minutes, PC, Monday, January 4, 1999 Page 6
11.
12.
13.
14.
Ms. Eng responded that the area that is to the east and south is in the Breckenridge
Hills Specific Plan area that's been adopted by the County, and includes'circulation,
and there's a collector street that connects to this subdivision, but there would be local
street Connection.
Commissioner Dhanens further inquired if the proposed park site was part of this
application to which Ms. Eng stated no.
Item moved to Thursday night.
PUBLIC HEARING - ZONE CHANGE P98-0851 (JAMES STOCKTON)
Staff report given, recommending approval of the zone change.
Ms. Eng responded to Commissioner Sprague's question regarding fire hydrants by
stating they would have to check with the Fire Department.
Item moved to Thursday night.
PUBLIC HEARING - ORDINANCE AMENDMENT (City of Bakersfield) Amendments
to the text of the Bakersfield Municipal Code Chapter 16.52 regarding appeal filings for
subdivision map~ and extensions of time for subdivisions.
Staff report given, recommending approval.
Item moved to Thursday night.
GENERAL PLAN CONSISTENCY FINDING pursuant to Government Code Section
65402 for vacation of the alley east of Manitou Way, north of Wilford Court in Tract 4264.
Staff report given.
Commissioner Brady inquired about plans for the property owners to re-fence.
Staff responded that the property owners are proposing that this be retained as a private
alley, and they are going'to be gating the ends. They will be required to form a
homeowner's association for the maintenance of that alley, and the Fire Department is
aware of this plan. The Fire Department has requested a fire easement be maintained
over this alley, and also that they place a condition on the minimum width of any gate
that would be placed.
Item moved to Thursday night.
COMMUNICATIONS
None.
Minutes, PC, Monday, January 4, 1999 * Page 7
15. -
16.
COMMISSION COMMENTS
Commissioner Kemper inquired about getting a date set for a meeting with the new
Parks Committee to which Chairman Tkac responded that they will be calling to set that
meeting up. ..
Commissioner SpragUe.requested copy of the report regarding parks from staff.
ADJOURNMENT
There being 'no further business to come before the Commission, the meeting was
adjourned at 1:34 p.m.
Pam Townsend, Recording Secretary
Planning Director ~.
February 16, 1999