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HomeMy WebLinkAbout01/19/99 AGENDA REGULAR MEETING' OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall Tuesday - January 19, 1999 12:15 p.m. 1. ROLL CALL JEFFREY TKAC, Chairman MICHAEL DHANENS, Vice-Chairman STEPHEN BOYLE MA THEW BRADY 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 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. 2. PUBLIC STATEMENTS ANY PERSON WHOSE NAME APPEARS ON THE AGENDA OR WISHES TO. SPEAK REGARDING A PUBLIC HEARING NEED NOT FILL OUT A SPEAKER'S CARD. ALL OTHERS WISHING TO SPEAK BEFORE THE COMMISSION MAY FILL OUT A SPEAKER'S CARD AND PRESENT IT TO THE SECRETARY PRIOR TO COMMENCEMENT OF THE MEETING. NOTICE OF RIGHT TO APPEAL Planning CommiSsion decisions on Zone Changes, Parcel Maps and Tentative Subdivision maps are subject to appeal by any person aggrieved. No permit shall be issued for any use involved in an application until after the final acceptance date of · appeal. ... Such appeal must be filed in writing within 10 days from date of hearing, addressed to the City Council, c/o Office of the City Clerk, 1501 Truxtun Avenue, Bakersfield, CA 93301. A $330 non-refundable filing fee must be included with filing of the initial appeal for those appeals filed by the applicant or any person outside the notice area. All appeals filed on land divisions will require a $330 non-refundable filing fee. If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision ' of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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, Tuesday - January 19, 1999 Page 2 CONSENT AGENDA ITEMS, (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. EXTENSION OF TIME FOR VESTED RIGHTS ON A RECORDED MAP 4.1 .a) b) 4.2) 4.3) Tract 5426 Phase C (Martin-Mclntosh) . A proposed one-year extension of rights vested upon recordation of Tract 5426 ' Phase C; located south of Stockdale Highway, west of Old River Road. (Categorically Exempt) Staff Recommendation: Approve Group vote Tract 5426 Phase D (Martin-Mclntosh) A proposed one-year extension of rights vested upon recordation of Tract 5426 Phase D, located south of Stockdale Highway, west of Old River Road. (Categorically Exempt) Staff Recommendation: Approve Group vote Tract 5489 R Phase D (Martin-Mclntosh) A proposed one-year extension of rights vested upon recordation of Tract 5489. (Revised) Phase D, located east of Old Farm Road, north of Brimhall Road.' (Categorically Exempt) Staff Recommendation: Approve Group vote Tract 5835 Phase B (Martin-Mclntosh) A proposed one-year extension of rights vested upon recordation of Tract 5835 PhaSe B, located north of Harris Road, east of Spring Creek Loop. (Categorically Exempt) Staff Recommendation: Approve Group vote Agenda, PC, Tuesday - January 19, 1999 Page 3 4.4) 4.5.a) b) c) 'd) 4.6.a) Tract 5845 Phase C (Martin-Mclntosh) A proposed one-year extension of rights vested upon recordation of Tract 5845' Phase C, located north of Panama Lane, east of Reliance Drive. (Categorically Exempt) Staff Recommendation: Group vote Approve Tract 5863 Phase A (Martin-Mclntosh) A proposed one-year extension of rights vested upon recordation 0f Tract 5863 Phase A, located east of Buena Vista Road, south of Ming Avenue. (Categorically Exempt) Staff Recommendation: Approve Group vote Tract 5863 Phase B (Martin-Mclntosh) A proposed one-year extension of rights vested upon recordation of Tract 5863 phase B, located east of Buena Vista Road, south of Ming' Avenue. (Categorically Exempt) Staff Recommendation: Approve Group vote Tract 5863 Phase E (Martin-Mclntosh) A proposed one-year extension of rights vested upon recordation of Tract 5863 Phase E, located east of Buena Vista Road, south of Ming Avenue. (Categorically Exempt). Staff Recommendation: Approve Group vote Tract 5863 Phase F (Martin-Mclntosh) - A proposed one-year extension of rights vested upon recordation of Tract 5863 Phase F, located east of Buena Vista Road, south of Ming Avenue. (Categorically Exempt). Staff Recommendation: Approve Group vote Tract 5876 Phase A (Martin-Mclntosh) A proposed one-year extension of rights vested upon recordation of Tract 5876' Phase Al located west of Old River Road, approximately 1/4 mile north of Ming Avenue. (Categorically Exempt) Agenda, PC,.Tuesday-January19,1999 Page 4 staff Recommendation: Approve Group vote b) 'Tract 6876 Phase B (Martin-Mclntosh) A proposed one-year extension of rights vested upon recordation of Tract 5876 Phase B, located west of Old River Road, approximately 1/4 mile north of Ming Avenue. (Categorically Exempt) Staff Recommendation: Approve Groupvote PUBLIC HEARINGS - EXTENSIONS OF TIME 5.1) Vesting Tentative Parcel Map 10260 (Martin-Mclntosh) Located on the north side of Panama Lane, on both sides of the Ashe Road alignment, west of the Arvin-Edison Canal, consisting of 3 parcels on 62.71 acres, zoned R-2 (Limited Multiple Family Dwelling), R-3 (Limited Multiple Family Dwelling) and C-2 (Regional Commercial). (Categorically Exempt) Staff Recommendation: Approve Group vote 5.2) Tentative Tract 5535 (Porter-Robertson) Located on the west side of State Route 99 on both sides of Berkshire Road, consisting of 216 lots on 57.67 acres, zoned R-1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling). (Negative Declaration on file) Staff Recommendation: Approve Group vote PUBLIC HEARINGS - TENTATIVE PARCEL MAPS 6.1 .) 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) (Continued from January 7, 1999) Staff Recommendation: Approve Group vote. Agenda, PC, Tuesday - January 19, 1999 Page 5 6.2) Tentative Parcel Ma_~ 10584 (Lars Andersen & Associates) Located on the southeast corner of District Boulevard and GoSf0rd Road, consisting of 3 lots on 12.54 acres on property zoned M-2-D(General ' Manufacturing) and a waiver of mineral rights owners' signature in accordance with Bakersfield Municipal Code Section 16.20.060 B.I. (Categorically Exempt) Staff Recommendation: Approve Group vote .. PUBLIC HEARINGS- VESTING TENTATIVE TRACT MAPS 7.1) Vesting Tentative Tract Map 5934 (SmithTech USA, Inc.) Located on the west side of Buena Vista Road, north of the Kern River Canal, consisting of 116 lots of 36.42 acres, zoned R-1 (One Family Dwelling) for single family purposes and a request 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 Group vote 7.2) Vesting Tentative Tract Map 5932 (SmithTech USA, Inc.) Located on the south side of Noriega Road, west of Calloway Drive, consisting of 15 lots for'single family residential purposes and 2 lots for two churches on 20.16 acres, zoned R-1 (One 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: Oroup vote- Approve PUBLIC HEARING FOR Zone Change P98-0891 (SmithTech USA, Inc.) Located on the south side of Noriega Road, west of Calloway Drive, requesting a change from an R-1 (One Family Dwelling) zone to an R-1 Ch (One Family Dwelling- Church) zone on Lot 1 of Vesting Tentative Tract Map 5932 containing 5.99 acres, and Lot 17 of Vesting Tentative Tract Map 5932 containing 7.92 acres. (Negative Declaration on file) Staff Recommendation: Approve Roll call vote Agenda, PC, Tuesday -January 19, 1999 Page 6. Sm 10. 11. 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) (Continued from January 7, 1999) Staff Recommendation: Roll call vote. COMMUNICATIONS A) written B) Verbal COMMISSION COMMENTS A) : Committees ADJOURNMENT Approve ~t anua~J 8, 1999 Held: Tuesday, January 19, 1999 - 12:15 p.m. City Council Chamber, City Hall 1501 Truxtun Avenue Bakersfield, California. ROLL CALL COMMISSIONERS: Present: JEFFREY TKAC, Chairperson MICHAEL DHANENS, Vice Chairperson MATHEW BRADY MAR'FI MUNIS-KEMPER · Alternate: RON SPRAGUE Absent: STEPHEN BOYLE ROBERT ORTIZ WADE TAVORN ADVISORY MEMBERS: Present: STAFF: CARL HERNANDEZ, Deputy City Attorney DENNIS FIDLER, Building Director MARIAN SHAW, Engineer IV Presenh STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner JENNIE ENG, Associate Planner PAM TOWNSEND, Recording Secretary PUBLIC STATEMENTS None 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. Minutes, PC, Tuesday, JanUary 19, 1999 Page 2 EXTENSIONS_OF TIME FOR VESTED RIGHTS ON A RECORDED MAP Staff report given with recommendation for approval of a one year extension. Commissioner Brady asked why this was before them again, to Which staff responded that these were different maps, and the City Council previously gave direction as to hoW to handle these in the future with respect to reevaluating costs associated with extensions of time for vested rights and the Council's decision was to go ahead and grant the one year extension. Commissioner Kemper inquired how the City was figuring costs, to which staff reported that they will be working with finance who is the one who makes the projections for the sewer phase, and we will be working out a new schedule over the next several months to take this kind of information into account. : PUBLIC HEARINGS - EXTENSIONS OF TIMF 5.1 Vesting Tentative Parcel Map 10260 (Martin-Mclntosh) Staff report given recommending a one year extenSion of time. Item was moved to Thursday evening January 21, 1999. 5.2 Tentative Tract 5535 (Porter-Robertson) Staff report given Commissioner Brady inquired as to how close to the preferred alignment of the south beltway the property falls, to which staff stated about ~ mile away. Commissioner Sprague inquired of the provisions through the subdivision R-1 and R-2 for the Kern Island Canal for health, welfare and safety of those developments and residents there when it is developed (i.e. fencing). Planning Director Stanley Grady stated that there are provisions and they would be outlined for Thursday's meeting. Item moved to Thursday January 21, 1999. PUBLIC HEARINGS - TENTATIVE PARCEL MAPR 6.1 Tentative Parcel Map 10581 (Porter-Robertson) Commissioner Sprague declared a conflict of interest as he represents one of the clients in this transaction. Minutes, PC, Tuesday, January 19, 1999 Page 3 Staff repod given with recommendation for approval as amended by the conditions and the Public Works memo. Item moved to Thursday, January 21, 1999. 6.2 Tentative Parcel Map 10584 (Lars Andersen & Associates) Staff report given with recommendation for approval with conditions as shown in Resolution. Commissioner Brady inquired as to what parcel the building was going to be constructed on,. and staff responded they would verify for Thursday's meeting. Commissioner Brady further stated he was interested in the distances between the railroad crossing and the entrance on Gosford and whether that will be within 300 feet of the .crossing, and further expressed concern about line of sight problems with respect to southbound traffic on Gosford making a left hand turn into that with respect to traffic coming across the grate crossing and speeds. · Commissioner Dhanens inquired if the elimination of the south entrance into the site from Gosford Road referred to the entrance that accesses Parcel C, to which staff responded yes. Staff stated they would reSearch Commissioner Dhanens concerns about what provisions/requirements would be in place for the left turn access. Item moved to Thursday, January 21, 1999. PUBLIC HEARINGS - VESTING TENTATIVE TRACT MAPS 7.1 ' Vesting Tentative Tract Map 5934 (SmithTech USA, Inc.). 'Staff report'given, recommending approval with conditions as shoWn in Exhibit 1. Commissioner Sprague inquired what type of material they intended to use, or would recommend, for the 20 foot strip for secondary emergency and secondary access. Jim Shapazian, Fire Marshal, City of Bakersfield, responded that this is temporary so generally they leave it to Public Works to determine the compaction and material. Commissioner Dhanens asked the definition of "temporary," to which staff responded that it is only to accommodate this subdivision, and the next subdivision that will come in would provide an opportunity for additional links connecting the site, so the road would stay until further subdivision of the property. Minutes, PC, Tuesday, January 19, 1999 Page 4 = 10. Commissioner Sprague questioned if the adjacent property was owned by the same person, so as to avoid any objection to putting in some type of secondary access. Staff responded they would verify ownership. Item moved until Thursday, January 21, 1999. 7.2 Vesting Tentative Tract Map 5932 (SmithTech USA, Inc.) Commissioner Dhanens declared a conflict of interest. Staff report given, recommending approval, With conditions as shown in the ReSOlution. Commissioner Sprague inquired as to any secondary access already programmed in the area that connects into this road that goes through the residential community, or if it was just Calloway coming in, and then a future development off to that left hand side. Staff responded that it was Calloway coming in with future development off t° the · side. Item moved until Thursday, January 21, 1999. PUBLIC HEARING FOR ZONE CHANGE P98-0891 Commissioner Dhanen declared a conflict of interest on Agenda Item 8. Staff report given, recommending approval with two conditions of approval as Shown in the Resolution. Item moved to Thursday, January 21, 1999. PUBLIC HEARING - ORDINANCE AMENDMENT Staff report given. Item moved to Thursday, January 21, 1999. COMMUNICATIONS Staff reminded the Commission that they do have requests for consent items for all of Agenda Items 4, 5, and 8, but because of the holiday, they were not able to place them on the Monday Agenda. If they are to go on the consent, the Commission will have to move to place them on the Consent Agenda at the beginning of the meeting On Thursday. (For the issues just read today.) Minutes, PC, Tuesday, january 19, 1999 Page 5 11. 12. __COMMISSION cOMMENTS Commissioner Sprague requested a copy of the Park Study from staff, and inquired of City Attorney about any policies regarding speaking to the media prior to a decision being made by the Planning Commission. Mr. Hernandez responded that to his knowledge there was no such policy that is set forth in the By-Laws ' Commissioner BradY thanked staff for their efforts to use the electronics to make the presentation go smoother. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 1:08 p.m. Pam Townsend, Recording Secretary ~.STANL ~, March 4, 1999