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HomeMy WebLinkAbout10/04/99 AGENDA REGULAR PRE-MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall Monday, October 4, 1999 12:15 p.m. 1. ROLL CALL JEFFREY'TKAC, Chairman MICHAEL DHANENS, Vice-Chairman STEPHEN BOYLE MA THEW BRAD Y 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 Thu?sday following the date listed on this agenda. A = 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are Withdrawn, the action of the Planning Commission shall become final.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- October 4, 1999 Page 2 3.1) 3.2) 3.3) 3.4) 3.s) 3.6) 3.7) 3.8) 3.9) 3.10) 3.11) (war (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. Agenda Item Agenda Item Agenda Item Agenda Item Agenda Item Agenda Item Agenda Item Agenda Item Agenda Item Agenda Item Agenda Item way 7.1 - EOT for Tentative Tract 5515 (Porter-Robertson) 7.2 - EOT for Tentative Tract 5646 (Telstar Engineering) 7.3 - EOT for Tentative Tract 5001 (Telstar Engineering) 9 - Final Development Plan (GPA/ZC P98-0991) (Church of Christ) 11.1 - Tract 5876 Phase D - Vesting Rights (Castle & Cooke) 11.2 11.3 11.4 12.1 12.2 12.3 - Tract 5876 Phase E - Vesting Rights (Castle & Cooke) - Tract 5876 Phase F - Vesting Rights (Castle & Cooke) - Tract 5876 Phase G - Vesting Rights (Castle & Cooke) - General Plan Consistency Finding -Acquisition of 13.28 acres - General Plan Consistency Finding - Acquisition of a 9,912 sq.ft. Lot - General Plan Consistency Finding - Vacation of public street right-of- PUBLIC HEARING - GENERAL PLAN AMENDMENT AND ZONE CHANGE 4.1) 4.2) General Plan Amendment P99-0435 - Jeffries Brothers requesting to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from OC (Office Commercial to GC (General Commercial), located at the southeast corner of Camino Media and Haggin Oaks Boulevard. (Negative Declaration on file) (Continue from September 17, 1999) Recommendation: Deny Roll Call vote. Zone Chanqe No. P99-0435 - Jeffries Brothers requesting to amend the zoning.from C-O (Professional and Administrative Office) to P.C.D. (Planned Commercial Development) on 1.17 acres, located at the southeast corner of Camino Media and Haggin Oaks Boulevard. (Negative Declaration on file) (Continue from September 17, 1999) Recommendation: Deny Roll Call vote. Agenda, PC, Monday- October 4, 1999 Page 3 (Ward 4) 5. (Ward 4) 6. MASTER WALL AND LANDSCAPE CONCEPT PLAN #P99-0649 (COLEMAN HOMES) Wall and landscape concept plan for the "River Oaks" residential development located between Stockdale highway, the Kern River, Buena Vista Road., Kern River Canal, Ming Avenue and South Allen Road. (Exempt from CEQA) Recommendation: Approve Group vote. PUBLIC SCOPING MEETING - ENVIRONMENTAL IMPACT REPORT - 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_. (Continued from September 2, 1999) RECOMMENDATION: Receive comments and refer to staff. (Ward 3) (Ward 7) PUBLIC HEARINGS - EXTENSIONS OF TIME 7.1) Extension of Time for Tentative Tract 5515 (Porter-Robertson) Extension of time for Tentative Tract 5515 (Optional Design) consisting of 57 single family residential lots on 21.31 acres, zoned R-1 (One Family Dwelling), located in the Rio Bravo golf course, south of Highway 178 and east of Miramonte Drive. (Negative Declaration on file) Recommendation: Approve Group vote 7.2) Extension of Time for Tentative Tract 5646 (Telstar Engineering) Extension of time for Tentative Tract 5646 (Optional Design) for multiple family residential purposes, consisting of 45 residential lots on 15.54 acres, zoned R-2 (Limited Multiple Family Dwelling), located on the southeast corner of Fairfax Road and Valleyview Drive. (Negative Declaration on file) Recommendation: Approve Groupvote 7.3) Extension of Time for Tentative Tract 5001 (Telstar Engineering) Extension of Time for Tentative Tract 5001 consisting of 136 single family residential lots on 40 acres, zoned R-1 (One Family Dwelling), located north of Hosking Road approximately 1/4 mile east of South "H" Street. (Negative Declaration of file) Agenda, PC, Monday- October 4, 1999 Page 4 Recommendation:Approve Group vote (Ward 7) (Ward 6) (Ward 4) PUBLIC HEARINGS - TENTATIVE TRACT MAPS AND ASSOCIATED ZONE CHANGES. 8.1) Tentative Tract 5941 (Cemland Development) Tentative Tract 5941 to create 242 lots on 56.05 acres for single family residential purposes and request for modification of lot depth requirements for cul-de-sac lots. The subdivision includes one 2.13 acre drill site for possible mineral extraction and request for waiver of mineral rights signatures pursuant to BMC 16.20.060.B.3. Located north of Berkshire Road approximately 1/2 mile east of South "H" Street. (Negative Declaration on file) Recommendation: Approve Group vote 8.2) Vesting Tentative Tract 5958 (Porter-Robertson) Vesting Tentative Tract 5958 containing 185 lots on 40 acres for single family residential purposes, zoned R-1 (One Family Dwelling); a request for modification for reduced lot depth on some lots 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) (Continued from September 2, 1999) Recommendation: Approve Group vote 8.3.a) Vesting Tentative Tract 5940 (Martin-Mclntosh) Vesting Tentative Tract 5940 containing 253 lots on 47.93 acres for single family residential purposes zoned R-1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling); also a request for deviation from lot size standards, building setbacks, street design standards, re-location of the Buena Vista Canal and waiver of mineral rights signatures pursuant to BMC 16.20.060 B.1, generally located on the southwest corner of Old River Road and Campus Park Drive. (Negative Declaration on file) Recommendation: Approve Group Vote Agenda, PC, Monday- October 4, 1999 Page 5 (Ward 4) (Ward 4 ) (Ward 4) (Ward 3)9. 8.3.b) 8.4.a) 8.4. b) Zone Chanqe P99-0586 (Martin Mclntosh) Zone Change P99-0586 consisting of a change in the land use zoning from R-1 (One Family Dwelling) and R-2 (Limited Multiple Family Dwelling) zones to a P.U.D. (Planned Unit Development) zone on 47.93 acres for a single family residential development for seniors including a club house and private park, generally located on the southwest corner of Old. River Road and Campus Park Drive. (Negative Declaration on file) Recommendation: Approve Roll Call vote. Vesting Tentative Tract 5959 (Martin-Mclntosh) Vesting Tentative Tract 5959 containing 90 lots on 19.46 acres for single family residential purposes zoned R-1 (One Family Dwelling); also a request for deviation from lot size standards, building setbacks, street design standards, and waiver of mineral rights signatures pursuant to BMC 16.20.060 B. 1, generally located on the east side of Mountain Vista Drive and .the south side of Campus Park Drive. (Negative Declaration on file) Recommendation: Approve Group vo~ Zone Chan~le P99-0587 (Martin-Mclntosh) Zone Change P99-0587 consisting of a change in the land use zoning from an R-1 (One Family Dwelling) zone to a P.U.D. (Planned Unit Development) zone on 19.46 acres for a single family residential development including a private park and recreational vehicle storage, generally located on the east side of Mountain Vista Drive and the south side of Campus Park Drive. (Negative Declaration on file) Recommendation: Approve Roll Call vote. FINAL DEVELOPMENT PLAN (GPA/ZC P98-0991) (Church of Christ of East Bakersfield) - Review of the final development plan for a PUD (Planned Unit Development) zone for a 5.02 acre senior citizen housing project located generally along the north side of Bernard Street, approximately 1,000 feet west of Oswell Street. (Negative Declaration on file) (Continued from meeting of July I and 15, 1999) Recommendation: Continue to the October 21, 1999 meeting Group vote. Agenda, PC, Monday- October 4, 1999 Page 6 (Ward 4)10. PUBLIC HEARING - ZONE CHANGE P99-0515 (Bynum & Associates) Zone Change P99-0515 requesting a change in the zone from a P.C.D. (Planned Commercial Development) consisting of 74,000 building square footage to a P.C.D. (Planned Commercial Development) zone consisting of 127,500 building square footage on 21.71 acres for development of a phased commercial shopping center, on the northwest corner of Coffee Road and Granite Falls Avenue. (Negative Declaration on file) 11. (Ward 4) (Ward 4) (Ward 4) 12. (Ward 5) Recommendation: Approve Roll Call vote. EXTENSIONS OF TIME - VESTING RIGHTS 11.1 11.2 11.3 Tract 5876 Phase D (Castle & Cooke) Located North of Ming Avenue, west of Old River Road. (Exempt form CEQA) Recommendation: Approve Tract 5876 Phase E (Castle & Cooke) Located North of Ming Avenue, west of Old River Road. (Exempt form CEQA) Recommendation: Approve Tract 5876 Phase F (Castle & Cooke) Located North of Ming Avenue, west of Old River Road. (Exempt form CEQA) Recommendation: Approve 11.4 Tract 5876 Phase G (Castle & Cooke) Located North of Ming Avenue, west of Old River Road. (Exempt form CEQA) Recommendation: Approve GENERAL pLAN CONSISTENCY FINDINGS (GC. 65402) 12.1) Acquisition of 13,28 acres for permanent open space within the Kern River Element boundaries. Subject site is located easterly of Sillect Avenue at the easterly termination of Riverside Drive between the Cross Valley Canal and the Kern River. (Categorically exempt) Agenda, PC, Monday- October 4, 1999 Page 7 (Ward 4) (Ward 4) 12.2) Recommendation: Make Finding Group vote. Acquisition'of a 9,912 sq.ft. Lot for a "water well site" located along the east side of Jewetta Avenue south of Vermillion Drive. (Categorically exempt) Recommendation: Make Finding Group vote, 12.3) Vacation of public street right-of-way for Ramsgate Way, Eagle Crest Drive and Princeville Court in Tract No. 5291 for conversion to gated community. (Categorically exempt) Recommendation: Make Finding Group vote. 13. COMMUNICATIONS A) Written B) Verbal 14. COMMISSION COMMENTS 15. September 27, 1999 A) Committees ADJOURNMENT STAN Planning D~rector Held Monday October 4, 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 STEPHEN BOYLE MATHEW BRADY MARTI MUNIS-KEMPER RON SPRAGUE Absent: TOM MCGINNIS A~)*~'ISORY MEMBERS: Present: CARL HERNANDEZ, Deputy City Attorney DENNIS FIDLER, Building Director JACK LAROCHELLE, Engineering Services Manager 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· Minutes, PC, Monday, October 4, 1999 Page 2 CONSENT AGENDA ITEMS 3.1) 3.2) 3.3) Agenda Item 3.4) Agenda Item 3.5) Agenda Item 3.6) Agenda Item 3.7) Agenda Item Christ) 3.8) Agenda Item 3.9) Agenda Item 3.10) Agenda Item 3.11) Agenda Item 3.12) Agenda Item acres 3.13) Agenda Item lot. 3.14) Agenda Item right-of-way. Agenda Item 5 - Master Wall and Landscape Concept Plan #P99-0649 (Coleman Homes). Agenda Item 6 - Public Scoping Meeting - Environmental Impact Report. 10 - Public Hearing - zone Change P99-0515 (Bynum & Associates). 7.1 - EOT for Tentative Tract 5515 (Porter-Robertson) 7.2 - EOT for Tentative Tract 5646 (Telstar Engineering) 7.3 - EOT for Tentative Tract 5001 (Telstar Engineering) 9 - Final Development Plan (GPA/ZC P98-0991) (Church of 11.1 - Tract 5876 Phase D - Vesting Rights (Castle & Cooke) 11.2 - Tract 5876 Phase E - Vesting Rights (Castle & Cooke) 11.3 - Tract 5876 Phase F - Vesting Rights (Castle & Cooke) 11.4 -Tract 5876 Phase G -Vesting Rights (Castle & Cooke) 12.1 -General Plan Consistency Finding -Acquisition of 13.28 12.2 - General Plan Consistency Finding - Acquisition of a 9,912 sq.ft. 12.3 - General Plan Consistency Finding - Vacation of public street These items will be voted on Thursday night. PUBLIC HEARING - GENERAL PLAN AMENDMENT AND ZONE CHANGE 4.1) General Plan Amendment and Zone Change P99-0435 - Jeffries Brothers (Continued from September 17, 1999) Staff reported that subsequent to the last meeting three weeks ago, while researching the Cai State Master Plan, we unearthed a 1966 Council Resolution, staff interpreted the Resolution to be that the City and Cai State would cooperate on land use within the area. The wording is funny, but clearly the intent is that if Cai State were built at that site, that we will cooperate with them in what goes in around that area. Commissioner Sprague inquired of staff if there is a restriction in the deed on the property regarding the use of the property to which Mr. Grady responded that he has not seen the document, but he has been told that there are CC&R's associated with this property. Commissioner Sprague states that he supports the project and would support the general plan amendment and zone change but unfortunately wont be present Thursday night to vote. Commissioner Kemper inquired of staff if them were any other options that could be explored like money or trading to get around this. She indicated that she tikes the location, the project itself, but inquired if there were any other ideas to which staff responded that would involve coming to a conclusion other than staff's recommendation, which would then go to City Council with a Commission recommendation. Commissioner Kemper inquired if Cai State has been in Minutes, PC, Monday, October 4, 1999 Page 3 = negotiations to which staff responded that he was not aware of the communications between Cai State and Jeffries Brothers, and it should be brought up at Thursday's meeting. Commissioner Brady inquired if for Thursday night staff could refresh their memories about the issues that came up with the service station during the GPA analysis and the application for the Market Place. Commissioner Brady also inquired what the distance of the proposed project is from the entrance of Cai State to which staff responded that it is not directly across from the entrance to the school. Commissioner Brady inquired if staff would request that somebody from Cai State be present for Thursday's meeting to which staff responded in the affirmative. Commissioner Brady confirmed that the only reason staff changed its mind is based on Cai State's letter to which staff affirmed. Commissioner Boyle asked Mr. Hernandez if he could provide additional information as to what is legally required for working in close harmony with a state college, and also find out what attempts have been made for the college to cooperate in this process in terms of what they are suggesting as an alternative, and if there have been any follow up negotiations. Chairman Tkac stated that the project is well placed and felt that Cai State's letter was ambiguous and is not sure that they have veto power. Chairman Tkac stated that he supports the project completely. Item moved to Thursday, October 7, 1999. MASTER WALL AND LANDSCAPE CONCEPT PLAN #P99-064~ (COLEMAN HOMES) Staff report recommending approval was given. There were no Commission comments or questions. Item will be voted on the Consent Agenda on Thursday, October 7, 1999. PUBLIC SCOPING MEETING - ENVIRONMENTAL IMPACT REPORT Staff report stated that the applicant is requesting that the scoping session be continued to November 4, as they are still working out the industry concerns regarding the size of the project and have not finalized what the project is going to be. Commissioner Brady inquired that if and when this does come back if staff could provide a list of the industries/companies involved in the negotiations on this project for purposes of determining whether any of the Commissioners have a conflict of interest, to which staff replied in the affirmative. No further Commissioner comments. Minutes, PC, Monday, October 4, 1999 Page 4 Item moved to the Consent Agenda on Thursday, October 7, 1999. PUBLIC HEARINGS - EXTENSIONS OF TIME 7.1) Extension of Time for Tentative Tract 5515 (Porter-Robertson) Commissioner Sprague declared a conflict of interest. Staff report given, recommending a two year extension of time, and requesting consent calendar for Thursday night. Commissioner Boyle inquired as to past extensions for one year, and not two, to which staff responded that they can do two year extensions because they have changed the way they look at extensions of time. There were no further Commissioner comments or questions. Item will be voted on the Consent Agenda on Thursday, October 7, 1999. 7.2) Extension of Time for Tentative Tract 5646 (Telstar Engineering) Staff report given. Staff is recommending a two year extension of time, and requesting consent agenda for Thursday. There were no Commissioner comments or questions. Item will be voted on the Consent Agenda on Thursday, October 7, 1999. 7.3) Extension of Time for Tentative Tract 5001 (Telstar Engineering) Staff report given. Staff is recommending a two year extension of time, and requesting consent agenda for Thursday. There were no Commissioner comments or questions. Item will be voted on the Consent Agenda on Thursday, October 7, i 999. PUBLIC HEARINGS - TENTATIVE TRACT MAPS AND ASSOCIATED ZONE CHANGES. 8.1) Tentative Tract 5941 (Cemland Development) Staff report recommending approval was given. Commissioner Sprague inquired if the proposed drill site will be fenced to which staff responded in the affirmative. There were no further Commissioner comments or questions. Minutes, PC, Monday, October 4, 1999 Page 5 10. Item moved to Thursday, October 7, 1999. 8.2) Vesting Tentative Tract 5958 (Porter-Robertson) Staff report recommending approval was given. There were no Commissioner comments or questions. Item moved to Thursday, October 7, 1999. 8.3.a & b.) Vesting Tentative Tract 5940 and Zone Change P99-0586 (Martin- Mclntosh) Staff report recommending approval was given. Commissioner Sprague inquired how many units can be placed on an R-2 to which staff responded 1 unit per 1,250 square feet. It would take a zone change other than PUD to get a higher density. There were no further Commissioner comments or questions. Item moved to Thursday, October 7, 1999. 8.4.a. & b.) Vesting Tentative Tract 5959 and Zone Change P99-0587 (Martin- Mclntosh) Staff report given. There were no Commissioner comments or questions. Item moved to Thursday, October 7, 1999. FINAL DEVELOPMENT PLAN (GPA/ZC P98-0991) (Church of Christ of East Bakersfield) Staff report given. Applicant requests continuance to October 21, 1999 meeting. There were no Commissioner comments or questions. Item will be voted on the Consent Agenda on Thursday, October 7, 1999. PUBLIC HEARING -ZONE CHANGE P99-0515 (Bynum & Associates) Staff report recommending approval was given. Commissioner Sprague inquired what the phasing will be and why they are asking for a landscape delay to which staff responded he would find out for Thursday. Minutes, PC, Monday, October 4, 1999 Page 6 11. 12. There were no further Commissioner comments or questions. Item moved to Thursday, October 7, 1999. EXTENSIONS OF TIME - VESTING RIGHTS 11.1 Tract 5876 Phase D (Castle & Cooke) Staff report recommending approval was given. There were no Commissioner comments or questions.. Item will be voted on the Consent Agenda on Thursday, October 7, 1999. 11.2 Tract 5876 Phase E (Castle & Cooke) Staff report recommending approval was given. There were no Commissioner comments or questions.. Item will be voted on the Consent Agenda on Thursday, October 7, 1999. 11.3 Tract 5876 Phase F (Castle & Cooke) Staff report recommending approval was given. There were no Commissioner comments or questions.. Item will be voted on the Consent Agenda on Thursday, October 7, 1999. 11.4 Tract 5876 Phase G (Castle & Cooke) Staff report recommending approval was given. There were no Commissioner comments or questions.. Item will be voted on the Consent Agenda on Thursday, October 7, 1999. GENERAL PLAN CONSISTENCY FINDINGS (CC. 65402) 12.1) Acquisition of 13.28 acres for permanent open space within the Kern River Element boundaries. Staff report recommending approval was given. There were no Commissioner comments or questions.. Item will be voted on the Consent Agenda on Thursday, October 7, 1999. Minutes, PC, MOnday, October 4, 1999 13. 14. 15. Page 7 12.2) Acquisition of a 9,912 sq.ft. Lot for a "water well site" located along the east side of Jewetta Avenue south of Vermillion Drive. Staff report recommending approval was given. There were no Commissioner comments or questions.. Item will be voted on the Consent Agenda on Thursday, October 7, 1999. 12.3) Vacation of public street right-of-way for Ramsgate Way, Eagle Crest Drive and Princeville Court in Tract No. 5291 for conversion to gated community. Staff report recommending approval was given. There were no Commissioner comments or questions.. Item will be voted on the Consent Agenda on Thursday, October 7, 1999. COMMUNICATIONS There were no written or verbal communications. COMMISSION COMMENTS Committee comments moved to Thursday, October 7, 1999. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 1:18 p.m. Para Townsend, Recording Secretary October 21, 1999