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HomeMy WebLinkAbout10/21/99 AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall 1. ROLL CALL Thursday, October 21, 1999 5:30 p.m. 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. A final agenda may be obtained from the Planning Department 72 hours prior to the meeting. 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, cio 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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, Thursday - October 21, 1999 Page 2 (Ward 7) (Ward 4) 3.1) 3.2) 3.3) 3.4) 3.5) 3.6) 3.7) 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 5.1 - Extension of Time for TT 5396 (Telstar Engineering) Agenda Item 5.2 - Extension of Time for TT 5363 (DeWalt Corp.) Agenda Item 5.3 - Extension of Time for TT 5620 (DeWalt Corp.) Agenda Item 5.4 - Extension of Time for TT 5621 (DeWalt Corp.) Agenda Item 5.5 - Extension of Time for Vested Parcel Map 10368 (DeWalt Corp.) Agenda Item 7.2 - Amendment to the text of Title 17 (Zoning Ordinance) Agenda Item 8 - Final Development Plan (GPA/ZC P98-0991) (Church of Christ) APPROVAL OF MINUTES Approval of minutes of the regular meetings held August 30, 1999 and September 2, 1999. PUBLIC HEARINGS- EXTENSIONS OF TIME 5.1) Extension of Time for Tentative Tract 5396 (Telstar Engineering) consisting of 161 single family residential lots on 40 acres, zoned R-1 (One Family Dwelling), located south of Hosking Road approximately 500 feet east of South "H" Street. (Negative Declaration on file) Recommendation: Approve Group vote 5.2) Extension of Time for Tentative Tract 5363 (DeWalt Corporation) consisting of 18 lots on 557.8 acres, zoned R-1 (One Family Dwelling), R- 2 (Limited Multiple Family Dwelling), R-3 (Limited Multiple Family Dwelling), C-1 (Neighborhood Commercial) and OS (Open Space), located west of Coffee Road, south of Norris Road to the Friant-Kern Canal. (Negative Declaration on file) Recommendation: Approve Group vo~ Agenda, PC, Thursday- October 21, 1999 Page 3 (Ward .4) (Ward 4) (Ward 4) (Ward 4) 5.3) Extension of Time for Tentative Tract 5620 (DeWalt Corporation) phased consisting of 9 lots on 81.87 acres for residential, commercial, and industrial purposes, zoned R-1 (One Family Dwelling), C-2 (Regional Commercial) and M-1 (Light Manufacturing), located between Coffee Road and Patton Way on the north side of the extension of Meany Avenue. (Negative Declaration on file) Recommendation: Approve Group vote S.4) Extension of Time for Tentative Tract 5621 (DeWalt Corporation) consisting of 214 single family residential lots on 58.49 acres, zoned R-1 (One Family Dwelling), located between Coffee Road and Patton Way on the north side of the extension of Meany Avenue. (Negative Declaration on file) Recommendation: Approve Group vote $.S) Extension of Time for Vested Tentative Parcel Map 10368 (DeWalt Corporation) for commercial purposes consisting of two parcels on 14.19 gross acres zoned C-1 (Neighborhood Commercial), located at the northwest corner of Hageman Road and Coffee Road. (Exempt from CEQA) Recommendationi Approve Group vote PUBLIC HEARINGS - TENTATIVE TRACT MAPS 6.1) Revised Vesting Tentative Tract 5430 (Martin-Mclntosh) consisting of 256 or fewer lots on 82.5 acres for single family residential purposes, including a 9.92 acre public park, and an existing 2.23 acre private park, zoned R-1 (One Family Dwelling); and a request for private streets, alternate street improvements, double frontage lots on local streets; reverse corner lots; reduced lot depth; and waiver of mineral rights signatures pursuant to BMC 16.20.060 B. 1., located at the northwest and southwest corners of White Oak Drive and Old River Road. (Negative Declaration on file) Recommendation: Approve Group vote Agenda, PC, Thursday - October 21, 1999 Page 4 (Ward 4) (Ward 3) (Wa~ ~ 6.2) 6.3 6.4) Revised Vesting Tentative Tract 5882 (Martin-Mclntosh) consisting of 569 lots on 245.21 acres for single family residential purposes, zoned R-1 (One Family Dwelling) and R-1 CH (One Family Dwelling-Church); and a request for private streets on a portion of the subdivision, and waiver of mineral rights signatures pursuant to BMC 16.20.060 B. 1., located between Brimhall Road, the Kern River Freeway Specific Plan Line, Jewetta Avenue and Allen Road. (Negative Declaration on file) Recommendation: Approve Group vote Vesting Tentative Tract 5929 (Porter-Robertson Engineering) subdivision to create 80 lots on 20 _+ acres zoned R-1 (One Family Dwelling) for single family residential purposes, generally located north of Panorama Drive, west of Thorner Street. (Negative Declaration on file) Recommendation: Approve Group vote 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) (Continued from October 7, 1999) Recommendation: Approve Group vote (Ali wards) PUBLIC HEARINGS - ORDINANCE AMENDMENTS 7.1) Amendment to the text of Title 17 (Zoning Ordinance) adding provisions to non-conforming signs related to special sign permits (Section 17.60.100 F.8.) located city-wide. (Exempt from CEQA) Recommendation: Approve Roll call vote Agenda, PC, Thursday - October 21, 1999 Page 5 (All wards) 7.2) Amendment to the text of Title 17 (Zoning Ordinance) updating language concerning surface mining and reclamation activities so that the administrative procedures for review and processing surface mining permits is consistent with State law requirements (Chapters 17.62.17.42 and 17.44) located city-wide. (Exempt from CEQA) Recommendation: Approve Roll call vote 8. (Ward 3) 10. 11. 12. October 19, 1999 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 meetings of July 1 and 15, 1999 and October 7, 1999) Recommendation: Approve Group vote. COMMUNICATIONS A) Written B) Verbal COMMISSION COMMENTS Report from Zoning Ordinance Committee DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING ADJOURNMENT Planning Director Held Thursday October 21, 1999 5:30 p:m. City Council Chamber, City Hall 1501 Truxtun Avenue Bakersfield, California. ROLL CALL COMMISSIONERS: Present: JEFFREY TKAC, Chairperson STEPHEN BOYLE MATHEW BRADY TOM MCGINNIS RON SPRAGUE Absent: MICHAEL DHANENS, Vice Chairperson MARTI MUNIS-KEMPER = ADVISORY MEMBERS: Present: CARL HERNANDEZ, Deputy City Attorney DENNIS FIDLER, Building Director MARIAN SHAW, Engineer IV Staff: Present: STANLEY GRADY, Planning Director JIM EGGERT, Principal Planner MARC GAUTHIER, Principal Planner JIM MOVIUS, Principal Planner PAM TOWNSEND, Recording Secretary PUBLIC STATEMENTS None Chairman Tkac read the Notice of the Right to Appeal Chairman Tkac stated that he was not present at Monday's pre-meeting but had listened to a tape of the meeting and was prepared to participate in tonight's meeting. -- Minutes, PC, Thursday, October 21, 1999 Page 2 CONSENT AGENDA ITEMS 3.1) 3.2) 3.3) 3.4) 3.5) 3.6) 3.7) Agenda Item 5.1 - Extension of Time for TT 5396 (Telstar Engineering) Agenda Item 5.2 - Extension of Time for TT 5363 (DeWalt Corp.) Agenda Item 5.3 - Extension of Time for TT 5620 (DeWalt Corp.) Agenda Item 5.4 - Extension of Time for TT 5621 (DeWalt Corp.) Agenda Item 5.5 - Extension of Time for Vested Parcel Map 10368 (DeWalt Corp.) Agenda Item 7.2 - Amendment to the text of Title 17 (Zoning Ordinance) Agenda Item 8 - Final Development Plan (GPA/ZC P98-0991) (Church of Christ) Motion was made by Commissioner Brady, seconded by Commissioner Sprague, to approve the Consent Agenda items. Motion carried. APPROVAL OF MINUTES A motion was made by Commissioner Sprague, seconded by Commissioner Boyle to approve the minutes of the regular meetings held August 30 and September 2, 1999, with a change in the September 2 minutes on Page 9, Agenda Item 11, Commissioner Comments, five lines from the bottom it should say "affected" instead of "effected." Motion carried. PUBLIC HEARINGS - EXTENSIONS OF TIME 5.1) Extension of Time for Tentative Tract 5396 (Telstar Engineering) See Consent Agenda 5.2) Extension of Time for Tentative Tract 6363 (DeWalt Corporation) See Consent Agenda 5.3) Extension of Time for Tentative Tract 5620 (DeWalt Corporation) (Ward 4) See Consent Agenda 5.4) Extension of Time for Tentative Tract 5621 (DeWalt Corporation) (Ward 4) See Consent Agenda 5.5) Extension of Time for Vested Tentative Parcel Map 10368 (DeWalt Corporation) (Ward 4) See Consent Agenda (Ward 7) (Ward 4) Minutes, PC, Thursday, October 21, 1999 Parle 3 = PUBLIC HEARINGS - TENTATIVE TRACT MAPS 6.1) Revised Vesting Tentative Tract 5430 (Martin-Mclntosh) (Ward Staff had no new information since the Monday pre-meeting and is recommending approval subject to the conditions. Public portion of the meeting was opened. No one spoke in opposition. Roger Mclntosh stated that he had met with staff on a number of conditions and there were a few of them he would like to address. Specifically, Condition No.1 under Public Works - the requirement to make Grand Lakes Avenue a private street by requesting vacation and posted as a private street cannot be agreed to. The reason is that Grand Lakes Avenue east of Mountain Vista serves two existing tracts - 5428 and 5293 - and one is a private gated area and one is in the process of going through a privatization of the streets. In order to obtain the vacation, they would have to obtain approval of every single home owner or property owner within the two existing subdivision areas which would require approximately 45 or so additional signatures which would take almost a year to obtain. There would be associations annexed into, budgets set up, CC&R's amended and a number of other expenses that they do not feel are necessary. He requests the first condition be deleted. Mr. Mclntosh stated that under Condition No. 4, they have asked for a 20 percent increase in block length. This is at the back of the subdivision along the golf course with only about 30 lots that the street serves. Mr. Mclntosh feels this is appropriate for the location and requests the Commission approve this. Mr. Mclntosh met with Marian Shaw, Engineer IV with the City of Bakersfield Public Works Department, regarding Condition No. 6 which has to do with separation of streets at intersections. He stated it appears~that they will be able to work out the one separation and his letter of October 20 addresses that issue. Mr. Mclntosh stated Condition No. 9 requires a lot line adjustment prior to the first phase of recordation and they believe that the site constructed as a gated community will reduce the amount of traffic throughout the tract thereby reducing the exposure to the public, therefore, they would like this condition only to apply if the developer decides to adjust the lot line prior to recordation of Phase I because there are a number of phases that could be recorded prior to that lot line adjustment being needed to be filed. Mr'. Mclntosh said that under the B Category in Public Works Conditions, they are requesting that Condition 17 not be required if {he 6-1/2 acre is to be included in the subdivision. The condition requires Grand Lakes Avenue to extend and connect to Old River Road and it would be a difficult prospect given the layout that's before the Commission. They do have a Vesting Tentative Map 5293 which required a cul-de-sac at the end of Grand Lakes if it ends there and they '* . _ Minutes, PC, Thursday, October 21, 1999 Page 4 would not be agreeable to extend Grand Lakes Avenue all the way Old River Road. The park is accessible to the rest of Seven Oaks area. Also, Mr. Mclntosh stated, Conditions 19, 21 and 22 are carry overs from a previous condition that were already addressed in his letter. Planning Department Condition 34 needs clarification. It is unclear.. Mr. Mclntosh stated he is available to answer any questions the Commission might have. Public portion of the meeting was closed. Commissioner Brady asked Public Works staff what their response was to deleting Public Works Condition No.l? Ms. Shaw stated that they had no objection to deleting the condition. Ms. Shaw stated that Public Works Condition 4 may also be deleted. They met with the applicant regarding Condition 6 and have come to an agreement. Ms. Shaw stated that regarding the lot line adjustment (Condition 9) it would be fine not to do it and still record the phase. They would still have the appropriate lot depth. If the applicant wants to go ahead and do a lot line adjustment she would be amenable to saying "prior to filing the final map for that phase." Commissioner Brady asked Ms. Shaw about Condition 17 and she stated that it was placed in there as a hold over from the general plan amendment that deleted White Oak as a collector. She stated that she did not have an opinion one way or the other. Commissioner Brady asked if they deleted this condition if the map would be out of compliance with the general plan amendment. Ms. Shaw said that is what she is asking the Commission to decide. Mr. Mclntosh stated the general plan amendment condition reads that "if the connection is made, constructed to a collector standard." They are not proposing to put that connection through. They are proposing this to be deleted as a collector and Mr. Mclntosh thinks the Commission could delete the condition and still be in compliance with the general plan. Ms. Shaw agreed with Mr. Mclntosh. Mr. Mclntosh said that Mr. Grady informed him that escrow was suppose to close the next day on-the park and if it did, this would not apply anyway. Mr. Mclntosh stated they could let slide Conditions 17, 19, 21 and 22 subject to the close of escrow. Commissioner Boyle stated that he appreciates the applicant requesting that Grand Lakes remain a public street. He hates the idea of closing off an entire neighborhood to public access. Commissioner Brady asked Ms. Shaw to prepare language for Condition No. 6. Ms. Shaw stated "with the alternate layout shown, Paradise Rose Street and Artistry Rose Court shall meet standard separation requirement" and delete the reference to the other roads altogether. Mr. Mclntosh stated that that would be appropriate. Minutes, PC, Thursday, October 21, 1999 Page 5 Mr. Grady stated that Mr. Mclntosh in his letter dated October 20 mentioned clarification of Planning Department Condition 34 and staff is in agreement with the language that could be substituted after the word "phase" as mentioned in his letter. A motion was made by Commissioner Brady, seconded by Commissioner Sprague, to approve and adopt the Negative Declaration and approve Revised Vesting Tentative Tract Map 5430 with findings and conditions set forth in the attached resolution Exhibit "A" with the following changes: Delete Public Works Condition Nos. 1 and 4; modify Condition No. 6 to read "with the alternate layout shown, Paradise Rose Street and Artistry Rose Court shall meet standard separation requirements"; modify Condition No. 9 that begins a sentence "for Phase r' and to adopt the language for Condition No. 34 as proposed by Roger Mclntosh in his letter dated October 20, 1999, to Jennie Eng, City Planning Department. Motion carried. 6.2) Revised Vesting Tentative Tract 5882 (Martin-Mclntosh) (Ward 4) Mr. Grady stated that the applicant has requested this item be continued until the November 18, 1999, Planning Commission meeting. Public portion of the meeting was opened. No one spoke for or against the project. Public portion of the meeting will remain open. A motion was made by Commissioner Sprague, seconded by Commissioner Boyle, to continue this matter until the November 18, 1999, Planning Commission meeting. Motion carried. 6.3 Vesting Tentative Tract 5929 (Porter-Robertson Engineering) (Ward 3) Commissioner Boyle declared a conflict of interest on this matter. Mr. Grady stated that the applicant has requested this item be continued until the November 18, 1999, Planning Commission meeting. Public portion of the meeting was opened. No one spoke for or against the project. Public portion of the meeting will remain open. Commissioner Sprague asked staff a question in regards to the memorandum dated October 19 in regards to his question at the Monday pre-meeting regarding the sump. He asked what would happen if they decide to develop the sump into something commercial before the PD^ drainage goes into effect? Will Public Works allow that portion of storm water go to the new sump being developed in Minutes, PC, Thursday, October 21, 1999 Page 6 regards to the 80 lots? How will the drainage be handled in the event that the applicant who owns that property makes a request to delete that sump and develop into a viable piece of property? Ms. Shaw said that they would have to make arrangements for at least a temporary disposition of the storm water. There is a retention basin planned for Paladino but they have not yet started the process to actually buy property for that sump. Until that is in place, they would have to make some sort of temporary arrangements. A motion was made by Commissioner Sprague, seconded by Commissioner McGinnis, to continue this matter until the November 18, 1999, Planning Commission meeting. Motion carried. 6.4) Tentative Tract 5941 (Cemland Development) (Ward 7) Staff report was given stating that this had been continued since the October 7, 1999, Planning Commission. Since that meeting there has been an agreement between the applicant and mineral rights owners and the mineral rights owners will be signing a waiver. Staff is recommending approval subject to the motion in the memorandum dated October 20, 1999. Public portion of the meeting was opened. No one spoke in opposition. Harold Robertson, representing the applicant, said that they had reviewed and concur with staff recommendations including the addendums in rewording Condition No. 6 and also the additional condition regarding the revised location of the drill site. He stated that he was available for any questions the Commission might have. Public portion of the meeting was closed. Commissioner Brady asked if the two memorandums from Marian Shaw dated October 6 have been incorporated? Mr. Grady said the intention is the attachments would be covered by the motion but the motion should reference them so that the intent is clear. There are four memorandums - two from Marian Shaw dated October 6 and two from Mr. Grady, one dated October 20 and one dated October 21. The motion should reference all four memorandums. ^ motion was made by Commissioner Brady, seconded by Commissioner McGinnis, to approve and adopt the negative declaration and to approve Vesting Tentative Tract 5941 dated October 18, 1999, with findings and conditions set forth in the attached resolution Exhibit 1 and as amended in the memorandum from the Planning Director dated October 20, 1999; memorandum from the Planning Director dated October 21, 1999 and the two memorandums from Marian Shaw dated October 6, 1999. Motion carried. Minutes, PC, Thursday, October 21, 1999 Page 7 PUBLIC HEARINGS - ORDINANCE AMENDMENTS 7.1) Amendment to the text of Title 17 (Zoning Ordinance) adding provisions to non-conforming signs related to special sign permits (Section 17.60.100 F.8.) located city-wide. (Exempt from CEQA) CAll wards) Staff report, including a slide show presentation showing examples of the signs this ordinance would affect, was given. Staff recommends approval and referral to the City Council. Public portion of the meeting was opened. Mr. Francois Khoury, General Manager of the Doubletree Hotel, spoke in opposition. He stated that he would like to see added on directional signage on off premises signage so that customers could see exactly where the property is. Jay Rosenlieb, representing the property owner. They have no opposition to the suggestion made by the General Manager of the Doubletree. It is intended that the sign serve for directional purposes. It currently indicates a direction and they have no problem with that suggestion. If there are any questions, he would be happy to answer them. Public portion of the meeting was closed. Commissioner Boyle suggested a revision to the language as requested by Mr. Khoury such as "the sign shall continue to only identify the business or services offered, and shall include direction to the property for which the sign was originally permitted by the special sign permit." He asked if this would be appropriate? Carl Hernandez said that that should be appropriate for clarification. A motion was made by Commissioner Boyle, seconded by Commission Sprague, to adopt attached resolution with all findings and approving the proposed ordinance text amendment with a modification to Paragraph 8.a. that will be changed to read that "the sign shall continue to only identify the business or services offered, and shall include direction to the property for which the sign was originally permitted by the special sign permit." Motion was carried by the following roll call vote: AYES: NOES: Commissioners Boyle, Brady, McGinnis, Sprague, Tkac None ABSENT: Commissioners Dhanens, Kemper 7.2) Amendment to the text of Title 17 (Zoning Ordinance) updating language concerning surface mining and reclamation activities so that the administrative procedures for review and processing surface mining permits is consistent with State law requirements (Chapters 17.62. 17.42 and 17.44) located city-wide. (Exempt from CEQA) (AIIwards) Minutes, PC, Thursday, October 21, 1999 Page 8 See Consent Agenda FINAL DEVELOPMENT PLAN (GPA/ZC P98-0991) (Church of Christ of East Bakersfield) - (Ward 3) See Consent Agenda. 10. 11. COMMUNICATIONS. There were no written or verbal communications. COMMISSION COMMENTS. A Zoning Ordinance Committee report was given by Mr. Grady. The report stated the following: "The committee met on Monday, September 27, 1999, to review the subject ordinance. Representatives from the Building Industry Association and the Board of Realtors were present. It was decided that the existing ordinances with their recent revisions should be allowed to develop some history prior to considering the major change that the subject proposal represents. Staff was directed to evaluate the need for the proposed ordinance along with the evaluation of the implementation of the existing ordinance and report back to the Planning Commission in six months." This subject is the proposed ordinance revisions to the Planned Unit Development and Planned Commercial Development zones that the Commission had reviewed a few months ago that would have provided for an overlay zone for a PCD as an option to actually having to come in with a final development plan at the time the applicant is asking for a zone change. Commissioner Brady asked staff if there were any directions from the City Council regarding the meeting at Kern COG that evening regarding the Kern River Freeway. Mr. Grady said the City Council had a discussion about a possible option but there was no vote taken by the majority of the Council to take any action. It is unknown what action Kern COG will take as it is an independent body. The issue is still on their agenda. Commissioner Brady urged the other Commissioners to go to the Kern COG meeting that night and make comments that the Kern River Freeway is a key element to our Planning and has been for a number of years. Planning decisions have been based on it for a number of years and they need to indicate how significant it is to the planning process. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THF. NEXT PRE-MEETING. It was decided the size of the next agenda did not warrant a pre-meeting. Commissioner Brady made a motion, seconded by Commissioner Boyle, not to hold a pre-meeting on November 1, 1999. Motion carried. Minutes, PC, Thursday, October 21, 1999 Page 9 Commissioner Sprague asked Ms. Shaw if the South Beltway will still be heard in December. She replied "yes." 12. ADJOURNMENT. There being no further business to comebefore the Commission, the meeting was adjourned at 6:32 p.m. November 3, 1999 Pam Townsend, Recording Secretary Planning Director ~ .