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HomeMy WebLinkAbout08/30/99AGENDA REGULAR PRE-MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall Monday, August 30, 1999 12:15 p.m. 1. ROLL CALL JEFFREY TKAC, Chairman MICHAEL DHANENS, Vice-Chairman STEPHEN B 0 YL E MA THEW BRADY MARTI MUNIS-KEMPER TOM MCGINNIS 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 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 $334 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 $334 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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 - August 30, 1999 Page 2 (Ward 4) Ward 4) 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. 3.1) 3.2) Agenda Item 4 - Vesting Rights Extension of Time for Tract 5426 Phase E Agenda Item 8 - General Plan Consistency Finding APPROVAL OF MINUTES Approval of minutes of the regular meeting held July 15, 1999. EXTENSION OF TIME - VESTING RIGHTS Tract 5426 Phase E (Castle & Cooke) Located south of Stockdale Highway, west of Old River Road. (Exempt from CEQA) Recommendation: Approve Group vote PUBLIC HEARINGS - TENTATIVE TRACT MAP~ 6.1) Vesting Tentative Tract 5957 (SmithTech USA, Inc.) Vesting Tentative Tract Map 5957 containing 104 lots for single family residential purposes, and one lot for a linear park on 42.43 acres zoned R-1 (One Family Dwelling), to allow private streets which deviate from city standards, located south of the Kern River, approximately 1/3 mile west of Buena Vista Road. (Negative Declaration on file) (Continued from August 19, 1999) Recommendation: Approve Group vote 6.2) Vesting Tentative Tract Map 5951 (SmithTech USA Inc) A proposed tentative tract map for single family residential purposes containing 110 lots for single family residential purposes, 1 lot for a linear park, 1 lot for a sump on 52.32 acres, zoned R-1 (One Family Dwelling); and a request a modification to allow median entries on local streets; reverse corner lots and waiver of mineral rights signatures pursuant to BMC 16.20.060 B. 1. (Negative Declaration on file) (Continued from July 15, 1999 and August 19, 1999) Agenda, PC, Monday - August 30, 1999 Page 3 (Ward 3) (Ward 6) o (Ward l) o (Ward 2) Recommendation: Approve Group vote 6.3) Tentative Tract 5696 Revised (Coker EIIsworth) Tentative Tract 5696 - subdivision to create 20 lots for single family dwellings on property zoned R-i (One Family Dwelling). This subdivision is identical to previously approved division of same property. The previous map expired. Located north of Highland Knolls Drive, approximately 600 feet east of Fairfax Road. (Negative Declaration on file) Recommendation: Approve Group vote 6.4) Vesting Tentative Tract 5958 (Porter-Robertson) Vesting Tentative Tract 5958 containing 203 lots on 45.24 acres for single family residential purposes, zoned R-1 (One Family Dwelling); a request for modification for reduced lot depth on some lots and block length exceeding 1,000 feet, and waiver of mineral rights signatures pursuant to BMC 16.20.060 B. 1, located on the south side of Hosking Avenue, and the east side of Stine Road. (Negative Declaration on file) Recommendation: Approve Group vote FINAL DEVELOPMENT PLAN (PUD/ZC P99-0350) Final development plan for a P.U.D. (Planned Unit Development) zone consisting of a 250 lot single family development with two., 1/2-acre size private parks for a gated private street single family subdivision on 50 acres. (Negative Declaration on file) Recommendation: To be determined by Planning Commission Group vote PUBLIC HEARING - GENERAL PLAN CONSISTENCY FINDINC. General Plan Consistency finding pursuant to Government Code Section 65402 for acquisition of a 5,775 square foot parcel located at 1015 - 13th Street (AA Pet Hotel, Lot 3, Block 389, APN #006-521-03. (Categorically exempt) Recommendation: Adopt resolution Group vote. Agenda, PC, Monday - August 30, 1999 Page 4 (Ward 4)9. NORTH OF THE RIVER SANITARY DISTRICT SITE ENVIRONMENTAL IMPACT REPORT (EIR) SCOPING MEETING. THE NORTH OF RIVER SANITARY DISTRICT SITE PROJECT CONSISTS OF A GENERAL PLAN AMENDMENT AND ZONF CHANGE ON 304.3 ACRES GENERALLY LOCATED IN THE NORTHWEST PORTION 10. OF THE CITY OF BAKERSFIELD WITHIN KERN COUNTY, CALIFORNIA RECOMMENDATION: Receive comments and refer to staff. UPDATE FROM THE PUBLIC WORKS DEPARTMENT REGARDING THE STATUS 11. 12. 13. August 20, 1999 OF THE SOUTH BELTWAY COMMUNICATIONS A) Written B) Verbal COMMISSION COMMENTS A) Committees Assignment of committee and members to review proposed amendments to PC.D. (Planned Commercial Development) and P.U.D. (Planned Unit Development) ordinances. ADJOURNMENT Planning Director Held Monday, August 30, 1999 12:15 p.m. City Council Chamber, City Hall 1501 Truxtun Avenue Bakersfield, California. ROLL CALL COMMISSIONERS: Present: JEFFREY TKAC, Chairperson STEPHEN BOYLE MATHEW BRADY MARTI MUNIS-KEMPER RON SPRAGUE Absent: MICHAEL DHANENS, Vice Chairperson TOM MCGINNIS ADVISORY MEMBERS: Present: CARL HERNANDEZ, Deputy City Attorney JACK LEONARD, Assistant Building Director STEVE WALKER, Traffic Engineer Staff: Present: STANLEY GRADY, Planning Director MARC GAUTHIER, Principal Planner JIM MOVIUS, Principal Planner JENNIE ENG, Associate Planner PAM TOWNSEND, Recording Secretary PUBLIC STATEMENTS None Chairman Tkac read the Notice of the Right to Appeal CONSENT AGENDA ITEMS - (marked by asterisk (*) 3.1) 3.2) Agenda Item 5 - Vesting Rights Extension of Time for Tract 5426 Phase E Agenda Item 8 - General Plan Consistency Finding These will be voted on Thursday night. Minutes, PC, August 30, 1999 Page 2 o APPROVAL OF MINUTES Approval of minutes of the regular meeting held July 15, 1999, will be heard on Thursday, September 2, 1999. EXTENSION OF TIME - VESTING RIGHTS .- Tract 5426 Phase E (Castle & Cooke) (Ward 4) Staff report recommending approval was given. There were no Commission comments or questions. Item will be voted on the Consent Agenda on Thursday, September 2, 1999. PUBLIC HEARINGS - TENTATIVE TRACT MAPS 6.1) Vestin~l Tentative Tract 5957 (SmithTech USA, Inc.) (Continued from August 19, 1999) (Ward 4) Staff report recommending approval with conditions, except for the r°ll top curb which staff is recommending to be denied, was given. Commissioner Boyle asked why there is an objection to the roll top curb? Stanley Grady said that he did not have a good answer. It was a standard that was adopted by the city and he would investigate it further and have a answer by Thursday night. Commissioner Brady asked if the Fire Department had signed off on this project as the corners seem pretty tight in the rear of the development for a large fire truck to get into? Mr. Grady responded by saying the Fire Department has reviewed this map and has not conveyed any concerns regarding the tightness of the curves. Commissioner Brady asked Mr. Shapazian, Fire Marshal, if his department had a problem with the streets? Mr. Shapazian responded by saying the turning radius of the streets meet city needs. There should not be a problem. Mr. Shapazian went on to say the Fire Department will be slowed down by the private gates and the street configuration but this is a problem that is happening with'a lot of developments. The Fire Department is also looking into ways to activate the gates on the gated developments such as "remote access." Commissioner Brady asked if there was a problem with secondary access on any of the streets? Mr. Shapazian said "no" the standard they have been using has to do with the length of the cul-de-sacs and the number of lots and this map meets that guideline. Commissioner Sprague asked if it would be possible to require the developer to deliver a remote for the gates to the Fire Department nearest the development in- lieu of the Fire Department buying new equipment to access the gates? Mr. Grady said that is possible. Mr. Shapazian said the only thing the Fire Department doesn't want to get involved in carrying various kinds of remotes, or different codes. Mr. Shapazian said that Chief Fraze is aware of the situation and has looked into the possibilities. Commissioner Sprague asked if Chief Minutes, PC, August 30, 1999 Page 3 6.2) Fraze could come to the Planning Commission in the future and give a report on that? Mr. Shapazian said "yes." Commissioner Brady stated that most of the gates have a key pad and asked if there was any way the Commission could require that every single one of them have the same code for the Fire Department's use? Mr. Grady said that the Commission in concert with the Fire Department can require as a condition whatever kind of device they think they need to improve accessibility to gated communities. Commissioner Brady asked if for Thursday night there be some wording for a condition that thers be improved access for emergency vehicles with the approval of the Fire Department or some other city staff member?. Mr. Grady asked if he meant something that would provide them the ability to accept or reject it at some point in the future? Commissioner Brady said "yes." Commissioner Boyle stated that the problem with using a numeric key pad for the Fire Department is that the code would be passed around and known to too many people in a short time. He mentioned that a universal garage door type frequency using a remote might work. Seeing no other Commissioner comments this item was moved to be heard on Thursday, September 2, 1999. Vesting Tentative Tract MaD 5951 (SmithTech USA Inc) (Continued from July 15, 1999 and August 19, 1999) (Ward 4) Staff report recommending approval with conditions was given. Commissioner Kemper asked about Unit 1 and why there are five lots showing with nothing on them? Mr. Grady said that this project has a pending general plan amendment at the City Council for commercial on the corner. Depending upon whether it passes or fails, it could end up with a redesign of the remainder of the two vacant parcels. However, the applicant feels that the five lots that are there would fit with any future design pending that decision. Commissioner Kemper asked if staff could provide on Thursday what their recommendation was on the commercial corner at the previous Commission hearing. She remembered being concerned with traffic. Mr. Grady responded by saying staff could provide her with what the Commission's recommendation was. Commissioner Boyle stated that Item No. 2 was tentatively approved as a P.U.D. and one of the Commission's comments was to see this center incorporated into the neighborhood. As he looked at the plan, he saw nothing that resembles incorporating it into the neighborhood. Commissioner Boyle asked staff if there was some kind of detail he was not seeing? Mr. Grady said that the subdivider was trying to get approval for a map that he has continued for several meetings pendin~ the outcome of the commercial at the City Council hearing and is not sure what will happen to the piece on the corner. What the Commission approved in the general plan was a commercial piece that would have had a street between two parcels. The street went between Stockdale Highway and the collector street th'rough the community. Commissioner Boyle stated that he was talking about access for the residents from the residential to the commercial Minutes, PC, August 30, 1999 Page 4 other than walking on city streets and sidewalks. To him this is not incorporating the commercial with the residential which is what the Commission had in mind when approving this subdivision. Seeing no other Commissioner comments this item was moved to be heard on Thursday, September 2, 1999. 6.3) Tentative Tract 5696 Revised (Coker EIIsworth) (Ward 3) 6.4) Staff report recommending approval as originally approved in 1993, with conditions was given. The applicant had requested this be put on the Consent Agenda but staff is requesting that it not be put on the Consent Calendar as staff has had a few phone calls from area residents expressing some concern about this particular project. Commissioner Sprague mentioned that he had talked to Mr. EIIsworth and was t01d that Mr. EIIsworth's engineer certified that he had submitted a request for an extension of time to the Planning Department prior to this tentative tract expiring and Commissioner Sprague believes that that indeed happened and asked if Mr. EIIsworth's fees could be waived for this project? Mr. Grady said that it was not submitted and there is no way to waive the fee other than to go before the City Council. Commissioner Boyle asked if staff knew what concerns the neighbors had? Mr. Grady said that it was an architectural design issue. The neighbors wanted to know if the bUilder was going to build products comparable in their mind to their homes. Seeing no other Commissioner comments this item was moved to be heard on Thursday, September 2, 1999. Vesting Tentative Tract 5958 (Porter-Robertson) (Ward 6) Staff report recommending approval, except for the flag lot configuration, with conditions was given. Commissioner Sprague asked about the location of the flag lot and asked if it was located where the sump is. Mr. Grady said "yes." Commissioner Sprague then asked if this flag lot wasn't approved, how would they get the water off the subdivision. Mr. Grady said that the engineer would have to design the subdivision to accommodate the sump and to eliminate the flag lot. Commissioner Sprague asked Ms. Shaw from the Public Works Department who was sitting in the audience if she would comment on that Thursday night. She answered "yes." Seeing no other Commissioner comments this item was moved to be heard on Thursday, September 2, 1999. Minutes, PC, August 30, 1999 Page 5 FINAL DEVELOPMENT PLAN (PUDIZC P99-0350 (Ward 1) Staff report recommending approval at the discretion of the Planning Commission was given. Staff provided conditions in the resolution addressing staff concerns if the final development plan is approved and the Commission desires to require any of the design items presented in the staff report. Commissioner Sprague asked about the berms in the park and the soccer field and whether the intent was to provide a noise barrier for the residential property on both sides and in the front? Commissioner Sprague asked if staff had any idea how tall above the roads the bermed area would be sitting in order to give that privacy Screening and noise control? Commissioner Sprague asked if it was subject to a noise report or something similar? Mr. Grady said that staff has no construction drawings that show the height of the berm and that perhaps the applicant could address that on Thursday night. Mr. Grady also stated that there is no noise report required with this improvement. Commissioner Brady asked about the costs associated with the tot lot. He mentioned that the staff report suggests that the monthly homeowners dues would increase from $20 to $25 with the tot lot. Commissioner Brady wanted to know if that meant that the dues would go from $20 to $25 a month or whether the dues would increase by. S20 to $25 a month? Mr. Grady responded by saying it would be a $5 monthly increase. Seeing no other Commissioner comments this item was moved to be heard on Thursday, September 2, 1999. PUBLIC HEARING - GENERAL PLAN CONSISTENCY FINDING General Plan Consistency finding pursuant to Government Code Section 65402 for acquisition of a 5,775 square foot parcel located at 1015 - 13th Street. (Ward 2) Staff report recommending adopting the resolution was given. There were no Commissioner comments or questions. Item will be voted on the Consent Agenda on Thursday, September 2, 1999. NORTH OF THE RIVER SANITARY DISTRICT SITE ENVIRONMENTAL IMPACT REPORT (EIR) SCOPING MEETING. THE NORTH OF RIVER SANITARY DISTRICT SITE PROJECT CONSISTS OF A GENERAL PLAN AMENDMENT AND ZONE CHANGE ON 304.3 ACRES GENERALLY LOCATED IN THE NORTHWEST PORTION OF THE CITY OF BAKERSFIELD WITHIN KERN COUNTY, CALIFORNIA. Mr. Gauthier reported that the consultant for the project would be giving a presentation on Thursday night..It is both a Kyle Carter and City of Bakersfield project. There were no Commissioner comments Or questions. Item moved until Thursday, September 2, '1999. Minutes, PC, August 30, 1999 Page 6 10. UPDATE FROM THE PUBLIC WORKS DEPARTMENT REGARDING THE STATUS 1¸1. 12. 13. OF THE SOUTH BELTWAY Mr. Gauthier reported that the Public Works Department would be giving the highlights and milestones of the project on Thursday night. COMMUNICATIONS There Were no written or verbal communications. COMMISSION COMMENTS There were' no written or verbal comments. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 1:18 p.m. Pam Townsend, Recording Secretary September 9, 1999