HomeMy WebLinkAbout05/01/00 AGENDA
REGULAR PRE-MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
Monday, May 1, 2000
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. 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 dated 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, 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appeals are withdrawn prior to the City Council hearing, it will not be conducted and the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withdrawn, the action of the Planning Commission shall become final.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 - May 1, 2000
Page 2
(Ward
(Ward 6)
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
3.2) Agenda Item
3.3) Agenda Item
3.4) Agenda Item
3.5) Agenda Item
3.6) Agenda Item
3.7) Agenda Item
3.8) Agenda Item
3.9) Agenda Item
3.10)
3.11)
3.12)
4) - Minutes of April 6, 2000, Planning Commission meeting.
6.1) - EOT-Vesting Rights Tract 5846 Phase B.
6.2) - EOT-Vesting Rights Tract 5846 Phase C.
6.3) - EOT-Vesting Rights Tract 5848 Phase E.
6.4) - EOT-Vesting Rights Tract 5848 Phase F.
6.5) - EOT-Vesting Rights Tract 5684 Phase 1.
6.6) - EOT-Vesting Rights Tract 5684 Phase 2.
6.7) - EOT-Vesting Rights Parcel Map 10403.
7) - EOT for Vesting TT 5848 (Revised) Phases G, H & I.
Agenda Item 8) - Administrative Review on PCD.
Agenda Item 12.a)- General Plan Consistency Finding for the acquisition of
land to extend Ohio Drive.
Agenda Item 12.b) - General Plan Consistency Finding for the acquisition
of property for the Kern River Freeway right-of-way.
APPROVAL OF MINUTES
Approval of minutes of the regular meeting held April 6, 2000.
ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON
The Commission shall elect a chairperson and a vice-chairperson whose terms
of office shall continue until April 30, 2001.
EXTENSIONS OF TIME - VESTING RIGHTS
6.1)
6.2)
Tract 5846 Phase B (Castle & Cooke, CA Inc.)
Located on the southwest corner of Harris and Ashe Roads.
RECOMMENDATION: Approve
Group Vote.
Tract 5846 Phase C (Castle & Cooke, CA Inc.)
Located on the southwest corner of Harris and Ashe Roads.
RECOMMENDATION: Approve
Group Vote.
Agenda, PC, Monday - May 1, 2000
Page 3
(Ward 6)
(Ward 6)
(Ward 4)
(Ward 4)
(Ward 4)
(Ward 6)
6.3)
6.4)
6.5)
6.6)
6.7)
Tract 5848 Phase E (Castle & Cooke, CA Inc.)
..Located on the southeast corner of Old River Road and Campus Park.
RECOMMENDATION: Approve
Group Vote.
Tract 5848 Phase F (Castle & Cooke, CA Inc.)
Located on the southeast corner of Old River Road and Campus Park.
RECOMMENDATION: Approve
Group Vote.
Tract 5684 Phase t (Carriage Homes)
Located on the south side of Palm Avenue, east of Jewetta Avenue.
RECOMMENDATION: Approve
Group Vote.
Tract 5684 Phase 2 (Carriage Homes)
Located on the south side of Palm Avenue, east of Jewetta Avenue.
RECOMMENDATION: Approve
Group Vote.
Parcel Map 10403 (Castle and Cooke, CA Inc.)
Located on the northwest corner of 'Ming Avenue and Buena Vista Road.
RECOMMENDATION: Approve
Group Vote.
PUBLIC HEARING - EXTENSION OF TIME for Vesting Tentative Tract 5848
(Revised) Phases G, H & I (Castle and Cooke, CA Inc.) consisting of 81 lots on
16 acres, zoned R-2 (Limited Multiple Family Dwelling) zone, located near the
northeast corner of Pacheco Road and Old River Road. (Negative Declaration
on file)
RECOMMENDATION:
Approve
Group Vote.
Agenda, PC, Monday - May 1, 2000
Page
8.
(Ward 7)
=
(Ward 6)
10.
(All Wards)
11.
(Ward 4)
ADMINISTRATIVE REVIEW - Report from Planning Director on P.C.D
(Planned Commercial Development) Plan Modification
The report documents the Director's approval of a minor modification to the
P.C.D. relocation of the building pad 54.5 feet south from originally approved
location. Site located at the northeast corner of Panama Lane and Fortune
Street. (Pursuant to B.M.C. Section 17.54.100 D.) (Categorically Exempt)
RECOMMENDATION:
Accept Report as Filed
GrOup Vote.
PUBLIC HEARING - Revocation of a Waiver of Direct Access to Ashe Road
and Change in Common Access Covenant for Parcel Map 923-~ (DeWalt
Corp.) generally located on the northwest corner of Ashe Road and District
Blvd. (Exempt from CEQA)
RECOMMENDATION: Deny
Group Vote.
PUBLIC HEARING - AMENDMENT TO ORDINANCF
Amendment to the text of Title 17 (Zoning Ordinance) of the Bakersfielrl
Municipal Code (City of Bakersfield) Significant changes concern the
definition of family, day care homes, and residential facilities, and their use in
residential zones; the use and placement of accessory buildings and structures;
allowing the Development Services Director discretion to require landscaping or
a wall and landscaping between residential uses and commercial/industrial
development when separated by a street; and changes to signs for nonprofit
organizations. The remaining amendments concern general ordinance cleanup
measures that clarify ordinance regulations, and either update or remove
section references that are incorrect as a result of previous amendments,
located city wide. (Exempt from CEQA)
RECOMMENDATION:
APPROVE
Roll Call Vote.
PUBLIC HEARING ON THE DRAFT ENVIRONMENTAL IMPACT REPORT
FOR GENERAL PLAN AMENDMENT/ZONE CHANGE P99-0487
The public hearing for the Draft Environmental Impact Report will be focused on
the objectivity and adequacy of the Draft EIR in discussing potential impacts
upon the environment; ways in which adverse effects might be mitigated with
the intent of the California Environmental Quality Act (CEQA.)
Agenda, PC, Monday - May 1, 2000
Page
12.
(Ward 1)
(Ward 4)
14.
15.
April 18, 2000
RECOMMENDATION:
Receive comments from the public
Roll Call Vote.
GENERAL PLAN CONSISTENCY FINDINGS
12.a)
General Plan Consistency Finding for the acquisition of land by the City
of Bakersfield to extend Ohio Drive generally located south of Freeway
58, west of Madison Street. (Exempt from CEQA)
RECOMMENDATION:
Make Finding
Group Vote.
12. b)
General Plan Consistency Finding for the acquisition of property for Kern
River Freeway right-of-way alignment purposes located south of
Johnson Road and north of Stockdale Highway, between Renfro Road
and Rider Street. (Exempt from CEQA)
RECOMMENDATION:
Make Finding
Group Vote.
COMMUNICATIONS
A) Written
B) Verbal
COMMISSION COMMENTS
A) Committees
ADJOURNMENT
LEY GRADY, Secretary
Planning Director
.Held
- May 1, 2000
12:15 p.m.
ROLL CALL
City Council Chamber, City Hail
1501 Truxtun Avenue
Bakersfield, California.
COMMISSIONERS:
Present:.
JEFFREY TKAC, Chairperson
TOM MCGINNIS
MARTI MUNIS-KEMPER
RON SPRAGUE
Absent:
MICHAEL DHANENS, Vice Chairperson
STEPHEN BOYLE
MATHEW BRADY
ADVISORY MEMBERS:
Present:
CARL HERNANDEZ, Deputy City Attorney
JACK LEONARD, Assistant Building Director
MARIAN SHAW, Engineer IV
STAFF:
Present:
STANLEY GRADY, Planning Director
MARC GAUTHIER, Principal Planner
JIM MOVIUS, Principal Planner
JAKE SWEENY, Associate 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)
3.4)
Agenda Item 4) - Minutes of April 6, 2000, Planning Commission meeting.
Agenda Item 6.1) - EOT-Vesting Rights Tract 5846 Phase B.
Agenda Item 6.2) - EOT-Vesting Rights Tract 5846 Phase C.
A.qenda Item 6.3) - EOT-Vesting Rights Tract 5848 Phase E.
Minutes, PC,-May 1, 2000
Page 2
'3.5) Agenda
3.6) Agenda
3.7) Agenda
3.8) Agenda
3.9) Agenda
3.10)
3.11)
3.12)
Item 6.4) - EOT-Vesting Rights Tract 5848 Phase F.
Item 6.5) - EOT-Vesting Rights Tract 5684 Phase 1.
Item 6.6) - EOT-Vesting Rights Tract 5684 Phase 2.
Item 6.7) .- EOT-Vesting Rights Parcel Map 10403.
Item 7) - EOT for Vesting TT 5848 (Revised) Phases G, H & I.
Agenda Item 8) - Administrative Review on PCD.
Agenda Item 12.a)- General Plan Consistency Finding for the acquisition of land to
extend Ohio Drive.
Agenda Item 12.b) - General Plan Consistency Finding for the acquisition of
property for the Kern River Freeway right-of-way.
These items will be voted on Thursday, May 4, 2000.
APPROVAL OF MINUTES
Approval of minutes of the regular meeting held April 6, 2000.
These will be voted on Thursday, May 1, 2000, on the Consent Agenda.
ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON
The Commission shall elect a chairperson and a vice-chairperson whose terms of office
shall continue until April 30, 2001.
The election of the Chairperson shall take place on Thursday, May 4, 2000.
EXTENSIONS OF TIME - VESTING RIGHTS
6.1) Tract 5846 Phase B (Castle & Cooke, CA Inc.) (Ward6)
Staff report recommending approval was given:'
There were no Commissioner comments or questions.
Item will be voted on the Consent Agenda on Thursday, May 4, 2000.
6.2) Tract 5846 Phase C (Castle & Cooke, CA Inc.) (Ward6)
Staff report recommending approval was given.
There were no Commissioner comments or questions.
Item will be voted on the Consent Agenda on Thursday, May 4, 2000.
6.3) Tract 5848 Phase E (Castle & Cooke, CA Inc.) (Ward6)
Staff report recommending approval was given. '
Minutes, PC, May 1, 2000
Page 3
6.4)
6.6)
6.6)
6.7)
There were no Commissioner comments or questions.
Item will be voted On the Consent Agenda on Thursday, May 4, 2000.
Tract 5848 Phase F (Castle & Cooke, CA Inc.) (Ward6)
Staff report recommending approval was given.
There were no Commissioner comments or questions.
Item will be voted on the Consent Agenda on Thursday, May 4, 2000.
Tract 5684 Phase 1 (Carriage Homes) (Ward 4)
Staff report recommending approval was given.
CommisSioner Sprague stated that on the original map, lot number nine was a
sump, but is now a lot and wondered what happened to the sump? Mrs. Grady
said that he didn't have that information but would find out by Thursday,
Commissioner Sprague also had some questions about street name changes
and lot configuration and whether or not by changing the map it would trigger in
new sewer fees, etc?
Mr. Grady said that this is a recorded map and the Commission is not dealing
with subdivision design. All the Commission is dealing with on this map is an
extension of the vesting rights. Staff can provide information to the Commission
on what happened between the two maps but this is not an approval in front of
the Commission for a redesign of the subdivision.
There were no other Commission comments.
Item will be voted on the Consent Agenda on Thursday, May 4, 2000.
Tract 5684 Phase 2 (Carriage Homes) (Ward 4)
Staff report recommending approval was given.
There were no Commissioner comments or questions.
Item will'be voted on the Consent Agenda on Thursday, May 4, 2000.
Parcel Map 10403 (Castle and COoke, CA Inc.) (Ward4)
Staff report recommending approval was given.
There were no Commissioner comments or questions.
Minutes, PC, May 1, 2000
Page 4
Item will be voted on the Consent Agenda on Thursday, May 4, 2000.
PUBLIC HEARING - EXTENSION OF TIME for Vesting Tentative Tract ,5848
(Revised) Phases G, H & I (Castle and Cooke, CA Inc.) (Ward6) -
Staff report recommending approval was given.
There were no Commissioner comments or questions.
Item will be voted on the Consent Agenda on Thursday, May 4, 2000.
ADMINISTRATIVE REVIEW - Report from Planning Director on P.C.D. {Planned
Commercial Development) Plan Modification. (Ward 7)
Staff report recommending acceptance of the Planning Director's report was given.
Commissioner Sprague commented that the drive-thru was now gone and wondered if
there is landscaping where the driveway used to be between the trash receptacle and
the building? Mr. Grady said "yes."
Commissioner Sprague stated that since they are redoing the parking lot if the lighting
was being redone and if it might reflect in the back yard of neighboring residential
houses? Mr. Grady said that that would be covered by the existing ordinance which
requires that the lights be shielded from the residences and that would be a compliance
review check when this project is submitted for site plan review.
There were no other Commissioner comments or questions.
Item will be voted on the Consent Agenda on Thursday, May 4, 2000.
PUBLIC HEARING - Revocation of a Waiver of Direct Access to Ashe Road and
Change in Common Access Covenant for Parcel Map 9233 (DeWalt Corp.)
(Ward 6)
Staff report recommending denying the project was given due to the proximity of the-
proposed driveway to the intersection of District and Ashe. However, Public Works has
received some communication from the applicant that they would like to modify their
request by limiting the modification of the common access easement. If an agreement
of all property owners affected is received in writing prior to Thursday night, Public
Works would recommend approval of the modification.
Commissioner Sprague stated that he agreed that the recommendation to deny was a
good one. Without a median on Ashe Road to prevent lefthand turns, it would be a
nightmare. Commissioner Sprague said that he also would like to look at the proposed
access on District Boulevard and for the Fire Department to look at the fire lanes and
the rear portion of the site. Commissioner Sprague would like to have the.answers to
his questions by Thursday night's meeting.
Minutes, PC, May 1, 2000 Page 5
10.
There were no other Commissioner comments or questions.
Item will be voted on Thursday, May 4, 2000.
PUBLIC HEARING - AMENDMENT TO ORDINANCF
Amendment to the text of Title 17 (Zoning Ordinance) of the Bakersfield Municipal
Code (City of Bakersfield) (A;~ Wards)
Staff report recommending approval was given.
Commissioner McGinnis asked how the "maximum number of five" charitable benefits
was arrived at? Mr. Eggert said that the current code "for profit businesses" used to be
four and there were also a number of days per calendar year that these could be run.
They added one more event time because most of the business community at the time
wanted more. Commissioner McGinnis asked if staff was going to keep up with this?
Mr. Eggert said that it works for pretty well with the "for profit businesses."
Commissioner Sprague asked if there was a way to add a clause so that no signs
would be put within five feet of the public right-of-way. Commissioner Sprague asked if
· they could put in the ordinance that the sign has to be at least a 2 or 3 feet from the
public right-of-way? Mr. Eggert said it was a possibility but it is a little different than the
normal signs that the city allows up to the property line from an enforcement stand
point. Usually on right turn lanes and drive approaches, the clear distance section of
the code is used to place all the signs.
Commissioner Sprague asked if the C-O zone is the only commercial zone that does
not allow churches? Commissioner Sprague wanted to knOw what a Ch zone is? Mr.
Eggert said that it is an overlay zone that is used for residential pUrposes.
Commissioner Sprague asked if a CUP were required to make a second kitchen on a
lot in a new development where they are building a mother-in-law house? Mr. Eggert
responded by saying in the City's second unit Ordinance, it is permitted by right to add
a second unit either attached or not with a full kitchen. It does have to be an owner-
ocCupied dwelling.
Commissioner Kemper asked if four locations was the maximum number of locations
that a sign could be placed for one event. Mr. Eggert said "yes." Commissioner
Kemper said she thought that was pretty minimal.
There were no other Commissioner comments.
Item will be voted on Thursday night May 4, 2000.
Minutes, PC, May 1, 2000
Page 6
11. PUBLIC HEARING ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR
12.
GENERAL PLAN AMENDMENT/ZONE CHANGE P99-0482 (Ward4)
An overall view of the project was given by Mr. Gauthier.
Commissioner Sprague said that he had reviewed the EIR and the maps.
Commissioner Sprague had a concern about removing the Landco extension to Olive
Drive cutting off viability from the property to the east and would like to talk to our
Traffic Engineer on Thursday. Mr. Gauthier said it is not a mistake that it is not shown
on the traffic study, it's a local street in the city, The county may have other plans for it
but its in the city now. There is nothing being proposed by Mr. Carter that changes its
status. It is neither taking away or giving access to anyone. Commissioner Sprague
said he has more questions about the EIR: such as, train tracks running through,
environmental impact on residential development with noise and contamination,
existing operations of oil well and how it affects residential subdivisions, etc.. Mr.
Grady said that most of Commissioner Sprague's questions are answered in existing
City ordinances. Thursday night the Commission will have a formal presentation about
what was evaluated in the EIR that may provide the Commission with additional
information. If there are still unanswered questions after Thursday night, the questions
can be answered in the response to comments in the Draft Environmental Impact
Report.
There were no more Commissioner comments or questions.
GENERAL PLAN CONSISTENCY FINDINGS
12~a)
General Plan Consistency Finding for the acquisition of land by the City of
Bakersfield to extend Ohio Drive generally located south of Freeway 58, west of
Madison Street. (Exempt from CEQA) (Ward ~)
Staff report recommending approval was given.
There were no Commissioner comments or questions.
Item will be voted on the Consent Agenda on Thurs'day, May 4, 2000.
Commissioner Sprague requested Mr. Grady provide the Commission with an aerial
photograph, zone map and letters from Bakersfield City School and Beardsley School
Districts regarding the EIR at Thursday's meeting, Mr. Grady said that he would.
12.b)
General Plan Consistency Finding - located south of Johnson Road and north
of Stockdale Highway, between Renfro Road and Rider Street. (Exempt from
CEQA) (Ward,~)
Staff report recommending approval was given.
Minutes, PC, May 1, 2000
Page 7
13.
14.
15.
May 11, 2000
Commissioner Sprague asked Ms. Shaw what kind of time are we talking about
to purchase the right-of-way? Ms. Shaw that the Map Act gives the City two
years after the improvements are completed to do the purchasing of right-of-
way within a specific plan line. Commissioner Sprague asked Ms. Shaw what
would happen if the freeway were not built and the City owned the property?
Ms. Shaw stated that if the State did not build a freeway, we would still need an
expressway and it would be used for that purpose. The property we purchased
would just be added to our other properties.
There were no Commissioner comments or questions.
Item will be voted on the Consent Agenda on Thursday, May 4, 2000.
COMMUNICATIONS.
Mr. Grady introduced the Commission to a new staff member Wayne Clausen, who will
be working with Marc Gauthier.
COMMISSION COMMENTS.
There were no Commissioner comments.
ADJOURNMENT.
There being no further business to come before the Commission, the meeting was
adjourned at 1:30 p.m.
Pam Townsend, Recording Secretary
STA~
Planning Director I