HomeMy WebLinkAbout04/06/00Held
April 6, 2000
City Council Chamber, City Hall
1501 Truxtun Avenue
Bakersfield, California.
ROLL CALL
COMMISSIONERS:
Present:
JEFFREY TKAC, Chairperson
MICHAEL DHANENS, Vice Chairperson
STEPHEN BOYLE
TOM MCGINNIS
RON SPRAGUE
Absent:
MATHEW BRADY
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 MOVIUS, Principal Planner
PAM TOWNSEND, Recording Secretary
PUBLIC STATEMENTS
None
Chairman Tkac read the Notice of the Right to Appeal
CONSENT AGENDA ITEMS
3.1)
3.2)
3.3)
Agenda Item 5) - Extension of Time for Vesting TT 5758 (Revised)
Agenda Item 8.1) - General Plan Consistency Finding for Acquisition of Property
west of Calloway Drive.
Agenda Item 8.2) - General Plan Consistency Finding for Acquisition of a 38,484
foot parcel.
Minutes, PC, April 6, 2000
Page 2
3.4)
3.5)
Agenda Item 8.3) - General Plan Consistency Finding'for the abandonment
of public utility easements and a sewer line easement
Agenda Item 8.4) - General Plan Consistency Finding for the vacation of
Londonderry Avenue
A motion was made by Commissioner Boyle, seconded by Commissioner McGinnis, to
approve the Consent Agenda items. Motion carried.
Planning Director Stanley Grady tOld the Commission that Tom Fallgatter requested
Consent Agenda Item 3.3 be removed from the, Consent Agenda as he would like to
speak on the matter.
Commissioner Boyle made an amended motion to approve the Consent Agenda Items
with the exception of Item 3.3 which is Agenda Item 8.2. Commissioner McGinnis
seconded the motion. Motion carried.
APPROVAL OF MINUTES
A motion was made by Commissioner Dhanens, seconded by Commissioner Sprague,
to approve the minutes of the regular meetings held February 14, February 17, and
March 16, 2000.
PUBLIC HEARING - Extension of Time for Vesting Tentative Tract 5758 (Revised)
(Delmarter & Deifel) (Ward4).
See Consent Agenda
PUBLIC HEARING - Tentative Tract Map 5981 (Frank Slinkard) (Ward 7)
Staff report given recommending approval with Conditions attached to resolution. ·
Public portion of the meeting was opened.
Mr. Cecil Tackett said that he owns a piece of land at 7100 Wible Road which is
attached to the property in question. He has a water easement going through the tract
and homes and he has recently been informed that the developer is going to put the
water line under the street and hold him for responsible for all repairs. He stated that
he has never been notified and only got the word about this two weeks ago.
Mr. Frank Slinkard, representing the developer, stated that they approved the
conditions as they are and concerning the water line it is their understanding that the
water line is owned by Mr. Boozer who owned all the land the developer bought to do
this subdivision. Mr. Boozer has maintained the line and the developer will continue to
be liable for maintaining the line.
Public portion of the meeting was Closed.
Minutes, PC, April 6, 2000
Page 3
Commissioner Boyle asked staff if they had any information about the nature of this
easement whether it is a canal or underground? Mr. Grady said that it is not a canal, it
is an underground water line. Staff does not know what the conditions are regarding
maintenance. Mr. Grady has not seen a copy of any document that sets that
information forth. The map as is proposed and as it was proposed several years ago
does accommodate maintenance of the provision of water through this line. What Mr.
Tackett is concerned about is that if he is responsible for maintaining the line, it will be
in the street instead of being underneath dirt which would be an additional expense if
the line were to break. Mr. Grady stated that staff has no instrument to show what the
terms and conditions are with respect to maintenance of that line.
Commissioner Boyle stated that Mr. Tackett may want to consult with an attorney as
this is not a city issue. His easement may give him certain rights to object to the map or
to require the developer to do certain things but on the other hand, the easement may
give the right to the owner of the property to develope their property as long as they
don't place any structures on top of the easement. A street would not normally be
considered a structure. Commissioner Boyle stated that the Commission did not have
any basis to hold up the development of the project at this time but if he had a question
and would like to come up and ask a question of the Commission the Chairman would
recognize him.
Mr. Tackett said that he owned part of the easement on the well and that Mr. Boozer
owns part of it and Mr. Boozer has not maintained or took care of it in about eight
years. All the breakdowns have been out of Mr. Tackett's pocket. Commissioner
Boyle said that the question is that you have balancing act between the rights of the
landowner to developer their property and the rights of the easement holder. Whatever
those rights are are defined in the easement agreement and the Commission has no
information in front of them to tell them what that implies. Mr. Tackett then asked if he
needed to get an attorney to file an appeal. Commissioner Boyle said that he needed
to get the advice of an attorney to see if the developer has a right to put the water line
under the street, then Mr. Tackett's easement does not give him the right to object to
the proposed development.
Commissioner McGinnis stated that the staff report said that the canal banks are to be
three feet higher than grade and wanted to know if this would pose any sort of a
flooding problem? Mr. Grady said "no." Commissioner McGinnis also asked how high
the fence is to be? Mr. Grady said the fence is to be six feet.
Commissioner McGinnis asked how much the park in-lieu fees are? Mr. Grady said
they are $615 per dwelling unit.
Commissioner Boyle asked Ms. Shaw if the sewer system had to be inspected by
camera? Ms. Shaw said that it is listed in the information conditions. It is simply a
requirement of an inspection method.
Mr. Grady said that he needed to provide Mr. McGinnis more information about his
question. The fee he had given previously was for development. There is an in-lieu
fee for land as well which is based on an appraisal prior to recordation of the map.
Minutes, PC, April 6, 2000
Page 5
8.2)
General Plan Consistency Finding for the acquisition of a 38,484 foot parcel
located along the northeast corner of 14th and P Streets for additional parking
for the Convention Center and Centennial Garden Arena. (Exempt from CEQA)
(Ward 2)
Staff report was given recommending a finding be made.
Public portion of the meeting was opened.
Tom Fallgatt'e~i'~,~:el~esenting Gerald Lucas, owne~.:of:ti~b;§~bject property,
wanted to go on record objecting to the condemnation of this property. His
client has owned the property in excess of 40' years and does not believe there
is a necessity for additional parking and so they are opposed to the project in
general.
No one spoke in favor.
Public portion of the meeting was closed.
Commissioner Sprague asked Carl Hernandez what process is taken in
condemnation for valuing the property? Does the city do an appraisal or do
they hire a third party?. Mr. Hernandez said that the City's Real Property Agent
goes through the process of first attempting to negotiate a fair market value
purchase of the property prior to initiating any type of eminent domain or
condemnation activity. In these cases, the property agent for the city would
secure an appraisal of the property based on the fair market value and then
present it to the owner of the property who then may accept or reject the offer.
Commissioner Sprague asked if the owner of the property has a right to get a
third party appraisal to rebut the city's existing appraisal? Mr. Hernandez said
that in many cases that is what happens. At that time the real property agent
and the property owner will sit down and negotiate a price based on the
different appraisals of the property.
Commissioner Sprague asked Mr. Lucas or Mr. Fallgatter if it is just that the
owner does not want to sell his property or is he just not in agreement of the
value of the appraisal and has he gone out and got an independent appraisal?
Mr. Fallgatter said that the owner would just as soon not sell the property. The
owner is not satisfied with the city's offer and they are in a counter-appraisal
process. They question the city's need for additional parking and whether there
is some other potential use that is intended.
Commissioner Sprague asked Mr. Grady if there are any studies done as to
what' the parking requirements are for the current center and what the projection
would be for the next five years in that area? Mr. Grady said there was a
parking analysis done for the Centennial Garden project which identified the
need for parking. It did include joint use of the County's parking structure and
use of some of the spaces at the Holidayinn Select Hotel as well. To the extent
that other sites are acquired and made available for parking, it eliminates the
Minutes, pC, April 6, 2000
Page 6
need to share the County's parking structure or share the spaces in the Holiday'
Inn Select. Commissioner Sprague asked Mr. Fallgatter if this building was
presently producing an income or if it was vacant? Mr. Fallgatter said it is
producing income.
Commissioner Boyle asked Mr. Hernandez to clarify the fact that they are not
making a finding that the parking is necessary that they are only making a
finding that the parking would be consistent with the general plan. Mr.
Hernandez said that is correct.
Commissioner Dhanens asked if there was a possibility that the property would
be used for something else or is the city limited to use it for parking only? Mr.
Hernandez said that that is what's before the Commission at this time.
Commissioner Dhanens wanted to know if the Commission's action on this
would necessarily lead to condemnation proceedings if the parties were not able
to agree on.a purchase price? Mr. Hernandez said that the finding being made
by the Planning Commission at this time has no bearing on the eminent domain
proceeding.
Commissioner Dhanens said that he supported staff.
Commissioner McGinnis asked Mr. Grady if the proposal would be in-lieu of
using the county and hotel's parking or in addition to? Mr. Grady said he did
not have the answer to that question.
Motion was made by Commissioner Boyle, seconded by Commissioner
Dhanens, to make a finding subject to Government Code 65402 that the
proposed acquisition of 38,484 square feet of land to be used for additional
parking for the convention center, Centennial Garden Arena, located at the
northeast corner of 14th and "P" Streets is consistent with the Metropolitan
Bakersfield 2010 General Plan,
Motion carried.
8.3)
General Plan Consistency Finding for the abandonment :of reserved pubic utility
easements and sewer line easement in the 15.8 acre site on the east side of "R"
Street between 21st and 24th Street. (Exempt from CEQA) (Ward2)
See Consent Agenda
8.4)
General Plan Consistency Finding for the vacation of Londonderry Avenue
(entire roadway from Stine Road too east end). (Exempt from CEQA)
(Ward 6)
See Consent Agenda
Minutes, PC, April 6, 2000
Page 7
8.5)
General Plan Consistency Finding for the vacation of a 50-foot portion of the
waived vehicular access rights on the west side of Ashe Road at the northeast
corner of Parcel 2 of Parcel Map No. 9233. (Exempt from CEQA) (Ward 6)
Staff report given recommending the Commission find the proposed vacation of
the 50 foot'portion of the waived vehicular access to be consistent with
Government Code 65402.
Public portion of the meeting was opened. No one spoke for or against the
project..
This portion of the meeting was closed.
Commissioner Sprague asked Steve Walker, Traffic Engineer, if there is a
median in the road to prevent left turns? Mr. Walker said that there is no ~
medians in the road at this time but sometime in the future the City will be
building medians on most of the major roads.
Commissioner Sprague asked if there was a traffic hazard for trucks pulling up
and slowing down to turn right by the railroad tracks? Mr. Walker said that the
railroad crossing is a signalized one. Because of the volume of traffic expected
to use this facility, it is underneath the threshold for the City's standard for
requiring a right turn lane. Their primary existing access is further down the
road.
Commissioner Boyle asked if the painted island on the street needs to be
extended south to make sure is covers the access and is there anything that
could be put in that island short of going to a full median that would make it
more difficult for traffiC:: to turn across it? Mr. Walker said that the painted aisle
has the same legal effect as a hardscape concrete raised island but it does not
have the physical limitation that a raised island has. If there is a problem with
consistency and being able to police the action, they may have the raised island
put in before the rest of the section. They are not anticipating it to be a problem
because it is a fairly limited use access point. Mr. Walker said yes they may
have to extend the island a little further. Commissioner Boyle asked if a
condition needed to be made so that the island be extended so that it is 75 or
100 feet south of the entry point so that it is very clear that the island extends
well past the entry point? Mr. Walker said that is an operational consideration
that they would do at staff level and with the City's signing and striping crews. It
would not be necessary for the developer to do it.
Motion was made by Commissioner McGinnis, seconded by Commissioner
Boyle, to make findings pursuant to Government Code 65402 that proposed
vacation of a 50-foot portion of vehicular access rights on the west side of Ashe
Road at the northeast corner of Parcel 2 Parcel Map 9233 is consistent with the
Metropolitan Bakersfield 2010 General Plan.
Motion carried.
Minutes, PC, April 6, .2000
Page 8
COMMUNICATIONS.
There were no written or verbal communications.
10.
COMMISSION COMMENTS.
There were no Commissioner comments.
11.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF NEXT
PRE-MEETING.
It was decided to hold a pre-meeting on May 1, 2000.
12. ADJOURNMENT.
There being no further business to come before the Commission, the meeting was
adjourned at 6:21 p.m.
April 20, 2000
Pam Townsend, Recording Secretary
~Planning Director ~creta~~~
AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
'1. ROLL CALL
Thursday, April 6, 2000
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.
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, Thursday - April 6, 2000
Page 2
(Ward #)
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 a,nd the items acted on as a group.
3.1)
3.2)
3.3)
-3.4)
3.5)
Agenda Item 5) - Extension of Time for Vesting TT 5758 (Revised)
Agenda Item 8.1) -General Plan Consistency Finding for Acquisition of
Property west of Calloway Drive.
Agenda Item 8.2) - General Plan Consistency Finding for Acquisition of a
38,484 foot parcel
Agenda Item 8.3) - General Plan Consistency Finding for the abandonment
of public utility easements and a sewer line easement
Agenda Item 8.4) - General Plan Consistency Finding for the vacation of
Londonderry Avenue
APPROVAL OF MINUTES
Approval of minutes of the regular meetings held February 14, February 17, and
March 16, 2000.
PUBLIC HEARING - Extension of Time for Vesting Tentative Tract 5758
(Revised) (Delmarter & Deifel) consisting of 221 lots on 56 acres, zoned R-1
(One Family Dwelling), located on the southwest corner of Noriega Road and
Old Farm Road. (Negative Declaration on file)
RECOMMENDATION:
Approve
Group Vote.
(Ward 7)
PUBLIC HEARING - Tentative Tract Map 5981 (Frank Slinkard)
containing 21 lots on 6.91 acres for single family residential purposes zoned R-1
(One Family Dwelling),-located north of Berkshire Road, approximately 300 feet
east of Wible Road, on the south side of the Arvin-Edison Canal. (Negative
Declaration on file)
RECOMMENDATION: Approve
Group vote
Agenda, PC, Thursday -April 6, 2000
Page 3
(All Wards)
PUBLIC HEARING - Zone Change P99-087~ The City of Bakersfield is
proposing to change various zone classifications to OS (Open Space) for park
sites owned by either the City of Bakersfield or North Bakersfield Recreation
and Park District. The proposal will make the actual or proposed use(s) of the -
sites (public park uses) more consistent with the underlying zone district.
(Negative Declaration on file)
RECOMMENDATION:
Approve
Roll Call Vote
(Ward 4)
(Ward 2)
(Ward2)
GENERAL PLAN CONSISTENCY FINDING-~
8.1) General Plan Consistency Finding for acquisition of property for
additional street right-of-way purposes located west of Calloway Drive
generally between Brimhall Road and Harvey Court. (Exempt from
CEQA)
RECOMMENDATION: Make Finding
Group Vote.
8.2)
General Plan Consistency Finding for the acquisition of a 38,484 foot
parcel 'located along the northeast corn4r of 14th and P Streets for
additional parking for the Convention Center and Centennial Garden
Arena.~ (Exempt from CEQA)
RECOMMENDATION:
Make Finding
Group Vote.
8,3)
General Plan Consistency Finding for the abandonment of reserved
pubic utility easements and sewer line easement in the 15.8 acre site on
the east side of "R" Street between 21st and 24th Street. (Exempt from
CEQA)
RECOMMENDATION:
Make Finding
Group Vote.
Agenda, PC, Thursday - April 6, 2000
Page 4
(Ward 6)
8.4)
General Plan COnsistency Finding for the Vacation of Londonderry
· AVenue (entire roadway from Stine Road too east end). (Exempt from
CEQA)
RECOMMENDATION:
Make Finding
Group Vote.
(Ward 6)
8.5)
General Plan Consistency Finding for the vacation of a 50-foot portion of
the waived vehicular access rights on the west side of ^she Road at the
northeast corner of Parcel 2 of Parcel Map No. 9233. (Exempt from,
CEQA)
RECOMMENDATION:
Make Finding
GrouP Vote~
COMMUNICATIONS
A) Written
B) Verbal
10.
COMMISSION COMMENTS
A) Committees
11. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF
THE NEXT PRE-MEETING.
12,
March 22, 2000
ADJOURNMENT
~creta~
Planning Director
BAKERSFIELD'
Deve[oPment Services Department
Jack Hardisty, Director
Dennis C. Fidler
Building Director
(661) 326-3720-Fax (661) 325-0266
Stanley C. Grady
Planning Director -
(661) 326-3733 Fax (661)~327-0646
NOTICE OF CANCELLATION
OF
THE REGULAR MEETING
OF THE PLANING COMMISSION
OF THE CITY- OF BAKERSFIELD
NOTICE IS HEREBY GIVEN that the regularly scheduled meeting of the
Planning commissi0-n of the Cityof Bakersfield scheduled for THURSDAY:, APRIL 20,.
2000,-is canceled. - -
DATED: April 13, 2000
pc~genda~-20
--Planning Director