HomeMy WebLinkAbout12/13/99 AGENDA
REGULAR PRE-MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
Monday, December 13, 1999
12:15 p.m.
1. ROLL CALL
JEFFREY TKAC, Chairman
MICHAEL DHANENS, Vice-Chairman
STEPHEN BOYLE
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. 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, 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are withdrawn prior to the City Council hearing, it will not be conducted and the decision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withdrawn, the action of the Planning Commission shall become final.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, Monday - December 13, 1999 Page 2
5.
(Ward 4)
(Ward 3)
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) Agenda Item #5 - Revised Master Wall and Landscape Plan (Martin-Mclntosh}
APPROVAL OF MINUTES
Approvalof minutes oftheregular meetings held November4,1999 and November18,
1999.
REVISED MASTER WALL AND LANDSCAPE CONCEPT PLAN P99-0400 (Martin-
Mclntosh) for the corner monumentation at the corners of Ming Avenue (extended) and
Grand Island Avenue (future street). (Categorically exempt)
RECOMMENDATION:
Approve
Group vote.
PUBLIC HEARING -VESTING TENTATIVE PARCEL MAP 10617 (Martin-Mclntosh)
(phased) containing 14 parcels on 642.13 acres for purposes of creating large lots for
future residential and commercial subdivision, zoned R-1 (One Family Dwelling), R-2
(Limited Multiple Family Dwelling) and C-2 (Regional Commercial) zones, generally
bounded by Buena Vista Road; White Lane (extended); South Allen Road (extended);
and Ming Avenue (extended). (Negative Declaration on file).
RECOMMENDATION:
Approve
Group vote.
PUBLIC HEARING - VESTING TENTATIVE TRACT 5929 (Porter-Robertson
Engineering) subdivision to create 88 lots on 22 + 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) (Continued from October
21, November 18, 1999 and December 2, 1999)
Recommendation: Approve
Group vote
Agenda, PC, Monday - December 13, 1999 Page 3
8. PUBLIC HEARING ON THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH
(Wards 1,3,6, 7)
BEL'FWAY TRANSPORTATION CORRIDOR ALIGNMENT/FREEWAY
Public hearing to accept testimony on the Draft Environmental Impact Report (DEIR)
prepared for the South Beltway Transportation Corridor Alignment/Freeway. The DEIR
public hearing will be focused on the objectivity and adequacy of the DEIR in discussing
potential impacts upon the environment; ways in which adverse effects might be
mitigated; alternatives to the project consistent with the intent of the California
Environmental Quality Act; and recommending certification of the Final Environmental
Impact Report (FEIR).
RECOMMENDATION:
Roll call vote.
Approve and Adopt resolution making findings and
recommend certification of the Final EIR to the City
Council.
PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS,
ORDINANCE AMENDMENTS, AND CIRCULATION ELEMENT AMENDMENTS:
9.1)
(Wards 1,3,6,7)
9.2.a)
(Ward 4)
9.2.b)
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.
STAFF RECOMMENDATION: Approve with mitigation
Roll call vote.
General Plan Amendment P99-0697 - Martin-Mclntosh has proposed to
change the land use designation from GC (General Commercial) to LMR (Low
Medium Density Residential) on 16.36 acres, located at the southwest corner of
Calloway Drive and Olive Drive. (Negative Declaration on file)
RECOMMENDATION:
Approve
Roll call vote.
Zone Chan~le P99-0697 - Martin-Mclntosh has requested a change in zoning
from C-1 (Neighborhood Commercial) to R-2 (Limited Multiple Family Dwelling)
on 16.36 acres located at the southwest corner of Calloway Drive and Olive
Drive. (Negative Declaration on file)
RECOMMENDATION: Deny
Roll call vote.
Agenda, PC, Monday - December 13, 1999 Page 4
(Ward 4)
9.3.a)
General Plan Amendment P99-0701 - Clarence Kastner has proposed to
change the land use designation from R-IA (Resource-Intensive Agriculture) to
LR (Low Density Residential) on 56.73 acres, located at the northwest corner of
Noriega Road and Jewetta Avenue. (Negative Declaration on file)
RECOMMENDATION:
Approve
Roll call vote.
(Ward 4)
9.3.b)
9.4.a)
S.4. b)
9.4.c)
9.5.a)
Zone Chan~le P99-0701 - Clarence Kastner has requested a change in zoning
from A-20A (Agriculture - 20-acre minimum) to R-1 (One Family Dwelling) on
56.73 acres, located at the northwest corner of Noriega Road and Jewetta
Avenue. (Negative Declaration on file)
RECOMMENDATION:
Approve
Roll call vote.
General Plan Amendment P99-0705 - City of Bakersfield has proposed to
change the land use designation from R-IA (Resource-Intensive Agriculture) to
SR (Suburban Residential) on 20 acres, located at the southwest corner of Rider
Street and Johnson Road. (Negative Declaration on file)
RECOMMENDATION:
Approve
Roll call vote.
Circulation Element Amendment P99-0705 - City of Bakersfield has
proposed to change the'Circulation Element to eliminate Rider Street south of
Johnson Road as a collector. (Negative Declaration on file)
RECOMMENDATION:
Approve
Roll call vote.
Zone Chancje No. P99-0705 - City of Bakersfield has proposed a change in
zoning from A (Agriculture) to R-1 (One Family Dwelling) on 20 acres, located at
the southwest corner of Rider Street and Johnson Road. (Negative Declaration
on file)
RECOMMENDATION:
Approve
Roll call vote.
General Plan Amendment P99-0867 - Porter Robertson has proposed to
change the land use designation from R-IA (Resource-Intensive Agriculture) to
LR (Low Density Residential) on approximately 4 acres, located at the southwest
corner of Johnson Road and Renfro Road. (General Rule Exemption)
Agenda, PC, Monday - December 13, 1999 Page 5
(Ward 4)
10.
9.$.b)
RECOMMENDATION:
Approve
Roll call vote.
Zone Change No. P99-0867 - Porter Robertson has proposed a change in
zoning from A (Agriculture) to R-1 (One Family Dwelling 8,000, 10,000 and
12,000 square feet) on approximately 4 acres, located at the southwest corner of
Johnson Road and Renfro Road. (General Rule Exemption)
RECOMMENDATION:
Approve
Roll call vote.
COMMUNICATIONS
A) Written
B) Verbal
11.
COMMISSION COMMENTS
A) Committees
12.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE
NEXT PRE-MEETING.
13. ADJOURNMENT
December 3, 1999
=
Held
'.
December 13, 1999
12:15 p.m.
ROLL CALL
City Council Chamber, City Hall
1501 Truxtun Avenue
Bakersfield, California.
COMMISSIONERS:
Present._:
JEFFREY TKAC, Chairperson
MICHAEL DHANENS, Vice Chairperson
MATHEW BRADY
TOM MCGINNIS
MARTI MUNIS-KEMPER
RON SPRAGUE
Absent:
STEPHEN BOYLE
ADVISORY MEMBERS:
Present:
Staff:
CARL HERNANDEZ, Deputy City Attorney
DENNIS FIDLER, Building Director
MARIAN SHAW, Engineer IV
_Present:
STANLEY GRADY, Planning Director
MARC GAUTHIER, Principal Planner
JIM MOVIUS, Principal Planner
PAM TOWNSEND, Recording Secretary
PUBLIC STATEMENTR
None
Chairman Tkac read the Notice of the Right to Appeal
_CONSENT AGENDA ITEMS
3.1) Agenda Item #5 - Revised Master Wall and Landscape Plan (Martin-Mclntosh}
This item will be voted on Thursday night.
Minutes, PC, December 13, 1999
Page 2
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APPROVAL OF MINUTES
Approval of~ minutes of the regular meetings held November 4, 1999 and November 18,
1999, will be voted on Thursday night December 16, 1999.
REVISED MASTER WALL AND LANDSCAPE CONCEPT PLAN P99-040n (Martin-
Mclntosh) (Ward 4)
Staff report recommending approval was given.
There were no Commissioner comments.
Item will be voted on the Consent Agenda on Thursday, December 16, 1999.
PUBLIC HEARING -VESTING TENTATIVE PARCEL MAP 10617 (Martin-Mclntosh)
(Ward 4)
Staff report recommending approval was given.
Commissioner Sprague asked staff what the setback distance is to the PG&E gas
transmission pipeline on both parcels R-l, R-2 & C-27 Mr. Grady replied that on this
map there aren't any setbacks. Commissioner Sprague stated that he thought there is
an automatic distance between construction and a natural gas pipeline. Mr. Grady said
that we have had a few studies done in the past that have suggested some physical
setbacks and typically what happens when they design the subdivision is they either
leave it in an easement undeveloped or they put it in the street. Commissioner Sprague
asked if we could determine the width of the easement through this property prior to
Thursday night? Mr. Grady said that it may not be known at this time. It is usually
brought into better focus at the time they come in with a tract map. But, Mr. Grady said,
they will discuss it with the applicant and see what additional information may be
available for Thursday night.
Seeing no other Commissioner comments this item was moved to Thursday night.
PUBLIC HEARING - VESTING TENTATIVE TRACT 5929 (Porter-Robertson
Engineering) (Ward
Staff report was given. Jim Movius stated that the Planning Department is still waiting
for a responsefrom SCE regarding extending the lot lines into the tower line easement.
He hopes to have something for the Commission by Thursday night.
Commissioner Brady asked if the applicant had been advised of the information Mr.
Movius just provided to the Commission and if there was any comment back about
changing the fence line to 60 feet? Mr. Grady said "no."
Commissioner Dhanens requested a copy of the revised map be supplied to him.
Seeing no other Commissioner comments this item was moved to Thursday night.
Minutes, PC, December 13, 1999
Page 3
8. PUBLIC HEARING ON THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH
o
BELTVVAY TRANSPORTATION CORRIDORALIGNMENT/FREEWAY (Wards 1,3,6,7)
Staff report recommending certification of the EIR was given.
Commissioner Brady asked staff if all the other alternative alignments are still under
consideration? Mr. Gauthier said the two are highlighted as they seem to be the two
primary alternatives under discussion. But that all the maps that are handed out and
data given out include all the alternatives. Commissioner Brady asked if the
Commission is limited to one of the alignments with the EIR? Mr. Gauthier stated that
the environmental work already done is adequate for mixing and matching any
alternatives.
Commissioner Sprague asked what would happen if they were to lateral the line out
above Mountain View Road to connect into Comanche and go north? Are they still
covered by this EIR? His intent is to try to drop the line down so that it didn't effect as
many residential houses and displace people. Mr. Gauthier stated that he has had
numerous talks with the County and if the Commission changes the alignment east of
town in the large agricultural area in response to concerns by individuals or utilities, they
would be able to reflect that when they take it before the Board of Supervisors. They
think the environmental work will cover that as well.
Commissioner McGinnis asked if the costs were comparative as far as construction for
either alignment? Ms. Shaw stated that there is no true cost comparison. This is a
document to adopt the specific plan line, not to actually construct it.
Commissioner McGinnis asked if she could see any primary differences? Ms. Shaw
said that the primary difference would be due to the distance of the line.
Commissioner Sprague asked staff to address the trip generations outlined regarding
the Taft Highway alternative south and Taft Highway alternative north? Mr. Gauthier
said that it is about a six to one efficiency rate. As you move further south, the efficiency
of the road drops.
Seeing no other Commissioner comments this item was moved to Thursday night.
PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS,
ORDINANCE AMENDMENTS, AND CIRCULATION ELEMENT AMENDMENTS:
9.1)
General Plan Amendment File No. P98-0760 - Kern COG, County of Kern
and City of Bakersfield (Wards 1,3,6,7)
Ms. Shaw stated at the Planning Commission Transportation/Circulation
Committee meeting last week both the northerly and southerly alignment were
discussed. Facts from the environmental report and the traffic model was
presented and it was the committee's decision to support the more northerly
alignment as the most efficient alignment for relieving traffic congestion. At the
request of the Transportation Committee she placed an aerial photograph of the
eastern end of both routes on the wall behind the Commission. Also, at the
Minutes, PC, December 13, 1999
Page 4
request of the committee, the city surveyors have staked the centerline and right-
of-way at the northerly alignment roughly between Akers Road and % mile east
of South "H" Street, so the actual location of the alignment can be viewed in the
field. Ms. Shaw stated that any of the alignments that have been presented in
the environmental document will work, however, the northerly alignment
because it carries a significantly higher level of traffic, will better serve the
interest of the City of Bakersfield than the other alignments.
Seeing no Commissioner comments this item was moved to Thursday night.
9.2.a & b) General Plan Amendment and Zone Change P99-0697 - Martin-
Mclntosh (Ward 4)
Staff report recommending approval of the general plan amendment and denying
the R-2 zone change was given. Staff suggested that a condition of the general
plan amendment should be that the change in zoning only be made with a PUD.
Commissioner Dhanens declared a conflict of interest.
Seeing no Commissioner comments this item was moved to Thursday night.
9.3.a & b) General Plan Amendment and Zone Change P99-0701 - Clarence
Kastner (Ward 4)
Staff report recommending approval of the general plan amendment and zone
change with conditions was given.
Seeing no Commissioner Comments this item was moved to Thursday night.
9.4.a, b & c) General Plan Amendment, Circulation Element Amendment and
Zone Change P99-0705 - City of Bakersfield (Ward 4)v
Commissioner Brady declared a conflict of interest.
Staff requested that the application be withdrawn as there are several issues that
cannot be resolved at this time.
John Sarad opposed the withdrawal and requested a postponement of several
weeks.
Mr. Grady stated that based on the information he has received this item will not
be on the agenda Thursday night.
Commissioner Sprague asked Mr. Grady if Mr. Sarad can be a co-applicant in
January or February or does he have to come in with a new application.
.Mr. Grady said that if Mr. Sarad is able to resolve the concerns staff has, the
application could be brought back at a later date.
Minutes, PC, December 13, 1999
Page 5
John Sarad stated that he did not want to be put out of cycle. The city is the
applicant but he has worked with the city on this project and at the last moment
some changes came about that should be rectified. He requested that the
project be continued for two meetings so that it could stay in cycle and resolve
the issues.
Commissioner Tkac asked Mr. Hernandez if it could legally be continued when
there has been a request for the item to be withdrawn?
Mr. Hernandez stated that the city is the applicant in this case and if the city
chooses to withdraw the application, then it is withdrawn and a new application
would have to be made. The city would have to agree to a continuance of this
matter to the next general plan cycle. The city holds the right to withdraw the
application and a new application would have to be filed.
Mr. Sarad said there was a misunderstanding and he would like the door to
remain open until the issues can be resolved.
Commissioner Sprague asked staff if the city would be in agreement to continue
the project until the'next Planning Commission meeting for discussion and to give
Mr. Sarad time to work out any problems?
Mr. Grady stated that the city is the applicant and the city is withdrawing the
application. The city is not recommending that the item be continued.
Seeing no other Commissioner comments this item was withdrawn.
9.5.a & b)
General Plan Amendment and Zone Change P99-0867 - Porter
Robertson (Ward 4)
Staff report recommending approval of the general plan amendment and zone
change was given.
Commissioner Sprague asked if the rezoning were allowed, if the builder can
then build on the specific alignment? Mr. Gauthier said "absolutely."
Commissioner Sprague also asked if they would have facts before them that that
specific alignment will be deleted from that portion? Ms. Shaw stated that the
triangle they see is not part of the specific plan line that when this tract was
processed a number of years ago that there was some discussion of having an
interchange there so the tract was laid out with the triangle. Since that time a
specific plan line has been adopted and CalTrans is dong their environmental
and specific line studies. The triangle is not part of the specific plan line and
there is no problem with changing the zone.
Seeing no other Commissioner comments this item was moved to Thursday
night.
Minutes, PC, December 13, 1999
Page 6
10.
11.
12.
COMMUNICATIONS
As an answer to an inquiry concerning the certified mail the Commission received from
Ms. Morosa, Mr. Hernandez told the Commission they could disregard it. It has no legal
affect on any decision that the Commission made.
COMMISSION COMMENTS
There were no Commission comments.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE
13.
NEXT PRE-MEETING.
This item will be discussed on Thursday night.
ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 1:16 p.m.
December 16, 1999
Pam Townsend, Recording Secretary