HomeMy WebLinkAbout09/18/00Council Chamber, City Hall
Monday, September 18, 2000
12:15 p.m.
1. ROLL CALL
MICHAEL DHANENS, Chairman
STEPHEN BOYLE, Vice Chairman
MA THEW BRAD Y
MARTI MUNIS-KEMPER
TOM MCGINNIS
RON SPRAGUE
JEFFREY TKAC
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, 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appeals are withdrawn prior to the City Council hearing, it will not be conducted and the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.
Agenda, PC, Monday - September 18, 2000
Page 2
4.
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withdrawn, the action of the Planning Commission shall become final.
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)
3.2)
Agenda Item 4) - Minutes of August 17, 2000, Planning Commission
meeting.
Agenda Item 7) - Consistency Finding for the vacation of 6,144 square feet of
surplus property.
APPROVAL OF MINUTES
Approval of minutes of the regular meeting held August 17, 2000.
(Ward 3)
ENVIRONMENTAL IMPACT REPORT - Mountain View Bravo, LLC
Resolution making findings and recommending that the City Council certify the Final
EIR for General Plan Amendment/Zone Change P99-0647 which has been completed
in compliance with CEQA, the State EIR Guidelines and the City of Bakersfield CEQA
Implementation Procedures.
RECOMMENDATION:
Continue until October 5, 2000.
Roll call vote.
PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS,
ORDINANCE AMENDMENTS, AND CIRCULATION ELEMENT AMENDMENTS'
6.t.a) General Plan Amendment/Circulation Element Amendment File No. P99-
(Ward 3)
0647 - Mountain View Bravo, LLC has proposed to amend the land use
designations from MUC (Mixed Use Commercial), LR (Low Density Residential)
and HR (High Density Residential) to GC (General Commercial) on 96.90 acres
and from MUC (Mixed Use Commercial) and LMR (Low Medium Density
Residential) to HR (High Density Residential) on 65.50 acres, an amendment to
the Circulation Element of the Metropolitan Bakersfield 2010 General Plan
establishing new arterial and collector street alignments within the development
site, located between Paladino Drive, State Route 178, Masterson Street and
Vineland Road. (EIR on file)
Agenda, PC, Monday - September 18, 2000 Page 3
6.1.b)
(Ward 3)
RECOMMENDATION:
Continue until October 5, 2000
Roll call vote.
Zone Change P99-0647 - Mountain View Bravo, LLC has requested a change
in zoning from an A (Agriculture) and R-1 (One Family Dwelling) zones to a C-2
(Regional Commercial) zone on 96.9 acres; from an A to R-1 zone on 500
acres; and from an A and R-1 to R-3 (Limited Multiple Family Dwelling) zones on
65.5 acres, located between Paladino Drive, State Route 178, Masterson Street.
and Vineland Road. (EIR on file)
RECOMMENDATION:
Continue until October 5, 2000
Roll call vote.
6.2.a)
(Ward 6)
6.2.b)
(Ward 6)
General Plan Amendment P00-0234 - Castle & Cooke CA, Inc has proposed
to change the land use designation from HMR (High Medium Density
Residential) to LR (Low Density Residential) on 25.41 acres, located at the
northwest corner of Ashe Road and Panama Lane. (Negative Declaration on
file)
RECOMMENDATION:
Application withdrawn
Roll call vOte.
Zone Change P00-0234 - Castle & Cooke CA, Inc has requested a change in
zoning from an R-2 (Limited Multiple Family Dwelling) zone to an R-1 (One
Family Dwelling) zone on 25.41 acres, located at the northwest corner of Ashe
Road and Panama Lane. (Negative Declaration on file)
RECOMMENDATION:
Application withdrawn
Roll call vote.
6.3)
(Ward 6)
General Plan Amendment P00-0468 - Castle & Cooke CA, Inc. has proposed
to change the land use designation from HMR (High Medium Density
Residential) to LMR (Low Medium Density Residential) on 27.91acres, generally
located on the north side of Ming Avenue (extended), west side of Buena Vista
Road and on the south side of the Kern River Canal. (Negative Declaration on
file)
RECOMMENDATION:
Continue until December 21, 2000
Roll call vote.
Agenda, PC, Monday - September 18, 2000 Page 4
6.4.a)
(Ward 4)
General Plan Amendment P00-0474 - Lone Pine Farms and Richard
Froehlich has proposed to change the land use designation from LMR (Low
Medium Density. Residential), SR (Suburban Residential), GC (General
Commercial) and R-MP (Resource-Mineral Petroleum) to GC and SR on 33
acres, located along the north side of Brimhall Road, generally south of
Rosedale Highway, between Allen Road and Jenkins Road (Negative
Declaration on file)
RECOMMENDATION:
Approve
Roll call vote.
6.4. b)
(Ward
Zone Change No. P00-0474 - Lone Pine Farms and Richard Froehlich has
proposed a change in zoning from a C-1 (Neighborhood Commercial) and R-2
(Limited Multiple Family Dwelling) zones to an E (Estate) zone on approximately
10 acres, and from an E (Estate) zone to a C-2 (Regional Commercial) zone on
12.5 acres, located along the north side of Brimhall Road, generally south of
Rosedale Highway, between Allen Road and Jenkins Road. (Negative
Declaration on file)
RECOMMENDATION:
Approve
Roll call vote;
6.5.a)
(Ward 4)
General Plan Amendment P00-0477 - Castle and Cooke CA, Inc. has
proposed to change the land use designation from LR (Low Density Residential)
to GC (General Commercial) on 1.29 acres; HMR (High Medium'Density
Residential) to LR (Low Density Residential) on 10.63 acres; GC to LR on 0.58
acres; GC to HMR on 2.66 acres; LR to HMR on 6.14 acres and OS-P (Open
Space-Parks) to LR on 81.11 acres; Circulation Element Amendment to delete
Vermillion Drive and Old Farm Road (extended) as collectors, extend Jewetta
Avenue as a collector from Brimhall Road to Stockdale Highway, located south
of Brimhall Road between the Kern River Freeway Specific Plan Line, Cross
Valley Canal, Stockdale Highway, Calloway Drive and Allen Road. (Negative
Declaration on file)
RECOMMENDATION:
Approve
Roll call vote.
Agenda, PC, Monday - September 18, 2000 Page 5
6.5.b)
(Ward 4)
Zone Change No. P00-0477- Castle and Cooke CA, Inc. has proposed a
change in zoning from a R-1 (One Family Dwelling) to a C-2 (Regional
Commercial) zone on 1.29 acres; an R-2 (Limited Multiple Family Dwelling) to an
R-1 (One Family Dwelling) zone on 10.63 acres; a C-2 to an R-2 zone on 2.66
acres; a C-2 to an R-1 zone on 0.58 acres; an R-1 to an R-2 zone on 6.14
acres; and a P.U.D. (Planned Unit Development) zone to an R-1 zone on
224.15 acres, located south of Brimhall Road between the Kern River Freeway
Specific Plan Line, Cross Valley Canal, Stockdale Highway, Calloway Drive and
Allen Road. (Negative Declaration on file)
RECOMMENDATION:
Approve
Roll call vote.
7.
(Ward 1)
GENERAL PLAN CONSISTENCY FINDING for the vacation of 6,144 square feet of
surplus property owned by the City of Bakersfield. Said property is located along
Hayes Street, between East Brundage Lane and State Route 58
RECOMMENDATION:
Make Finding
Group Vote.
COMMUNICATIONS
A) Written
B) Verbal
COMMISSION COMMENTS
A) Committees
10. ADJOURNMENT
September'11, 2000
Held
September 18, 2000
12:15 p.m.
City Council Chamber, City Hall
1501 Truxtun Avenue
Bakersfield, California.
ROLL CALL
COMMISSIONERS:
Present:
MICHAEL DHANENS, Chairperson
MATHEW BRADY
TOM MCGINNIS
MARTI MUNIS-KEMPER
RoN SPRAGUE
JEFFREY TKAC
Absent:
STEPHEN BOYLE, Vice Chairperson
AD VISORY MEMBERS:
Present:.
CARL HERNANDEZ, Assistant City Attorney
JACK LEONARD, Assistant Building Director
MARIAN SHAW, Engineer IV
Staff:
Present:
STANLEY GRADY, Planning Director
MARC GAUTHIER, Principal Planner
PAM TOWNSEND, Recording Secretary
PUBLIC STATEMENTS
None
Chairman Dhanens read the Notice of the Right to Appeal
CONSENT AGENDA ITEMS
3.1)'
3.2)
Agenda Item 4) - Minutes of August 17, 2000, Planning commission
meeting.
Agenda Item 7) - Consistency Finding for the vacation of 6,144 square feet of
surplus property.
These items will be voted on Thursday, September 21, 2000.
Minutes, PC, September 18, 2000
Page 2
APPROVAL OF MINUTES
ApprOval Of.minUtes of the regular meeting held August 17, 2000.
This item will be voted on ThUrsday night.
ENVIRONMENTAL IMPACT REPORT - Mountain View Bravo, LLC
Resolution making findings and recommending that the City Council certify the Final
EIR for General Plan Amendment/Zone Change P99-0647 which has been completed
in compliance with CEQA, the State EIR Guidelines and the City of Bakersfield CEQA
Implementation Procedures. (Ward3)
Staff is requesting this item be continued until October 5, 2000.
Public portion of the hearing was opened.
Item continued until ThUrsday night.
PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS,
ORDINANCE AMENDMENTS, AND CIRCULATION ELEMENT AMENDMENTS:
6.1.a) General Plan Amendment/Circulation Element.~.mendment File No. P99-
6.1.b)
0647 - Mountain View Bravo, LLC (Ward3)
Combined with items 5 and 6.1.b.
Zone Change P99-0647 - Mountain View Bravo, LLC (ward
Combined with items 5 and 6.1.a
6.2.a)
General Plan Amendment P00-0234 - Castle & Cooke CA, Inc. (Ward
The applicant is requesting that this item be withdrawn.
Public portion of the hearing was opened.
Item continued until Thursday night.
6.2.b) Zone Change P00-0234 - Castle & Cooke CA, Inc. (Ward
Combined with item and 6.2.a
Minutes, PC, September t8, 2000
Page 3
6.3)
General Plan Amendment P00-0468 - Castle & Cooke CA, Inc.
Applicant is requesting a continuance until December 21, 2000.
Public portion of the hearing was opened.
Item continued until Thursday night.
(Ward
6.4.a)
6.4. b)
General Plan Amendment P00-0474 - Lone Pine Farms and Richard
Froehlich (Ward 4)
Combined with 6.4.b below.
Zone Change No. P00-0474 - Lone Pine Farms and Richard Froehlich
(Ward 4)
Staff report given recommending approval.
Commissioner Sprague asked if we could downgrade a seven acre requirement
in the county for drill islands in the city without the annexation occurring? Mr.
Gauthier said "no, you can't" but these conditions in the general plan
amendment and zone change are very typical of pre-zoning that you sometimes
see as property comes into the City of Bakersfield. It is subject to the property
coming into the City. If it doesn't, the Commission's decision will not be
effective.
Commissioner Sprague asked if we needed something in writing from the
mineral right holders allowing for a reduction or location of those drill islands.
Mr. Gauthier said "you do not." He also asked if there is a 500 foot surface
waiver on the property? Mr. Gauthier said that he would ask his county
counterparts if that is the case. The county has looked at the project and did
not inform him of any issues regarding drill islands.
Commissioner Sprague asked if the property to the west of the proposed
commercial is currently zoned A? Mr. Gauthier said the zone map attached to
the staff report would show that information. He did not have a copy of it with
him.
Commissioner Sprague said that he would recommend a PCD on this project in-
lieu of the C-2.
Mr. Grady pointed out on the map the property to the west already has an
approved subdivision with Estate size lots that was approved by the Planning
Commission.
Minutes, PC, SePtember 18, 2000
Page 4
Commissioner McGinnis asked for an aerial of the existing shopping center at
ROsedale and Allen Roads? Mr. Gauthier said they would provide one for
Thursday night.
Commissioner McGinnis asked how the project would be affected by traffic if the
Kern-River Freeway does not come to fruitation? Also, do we have a timetable
on the freeway? Mr. Gauthier said that the Kern River Freeway will happen.
The timing is depended upon the State and funding. It will go in and serve this
area and its development.
CommissiOner Brady asked staff to provide the map that has been approved on
the northern half of the project. He also asked if this property has been
included in any project EIRs? Mr. Grady said that he was not aware of any.
Commissioner Brady asked if any EIRs had been performed within 1/4 of'a mile
of this project? Mr. Gauthier said that South of Brimhall and Western Rosedale
and perhaps Rosedale Ranch but if they didn't have a specific EIR for this then
Mr. Gauthier thought it was inside Western Rosedale and he would know by
Thursday. Commissioner Brady said that he would like to have that checked for
traffic impacts, mitigation and considerations and whether if there was anything
about those EIRs that this project may impact.
Commissioner Brady asked about Brimhall Road. Mr. Gauthier said that it goes
to a collector east of Calloway but is an arterial for this segment. Commissioner
Brady asked to see a drawing of the intersection where the existing C-2 is and
what is anticipated for that intersection. Ms. Shaw said that since Brimhall and
Allen are both arterials, what you will see there is a typical expanded
intersection. The lanes will line up across the intersection.
Commissioner Brady asked if there were existing sewer hookups for this
project? Mr. Gauthier said there will be a sewer trunk line through Brimhall west
of Allen Road. Ms. Shaw said there is an existing Allen Road trunk line which
will be extended up to Palm Avenue. It will be done within the next 12 to 18
months.
Commissioner Sprague asked if the trunk line goes through will it service just
the commercial or will the homes be able to tap into the line? Mr. Gauthier said
it is not just a commercial line and asked.Mr. Leonard about it being mandatOry
to hookup to the sewer if there is one available if you are building in the city?
Mr. Leonard said that if it is within 1,000 feet they are required to hookup to the
sewer. Mr. Leonard said that existing septic tanks are not required to hookup.
Commissioner SPrague asked what the cost of the permit is if a property is
converted from septic to sewer? Mr. Leonard said hewould find out for
Thursday night,
There were n° other Commissioner comments.
Item continued Until Thursday night.
Minutes, PC, September 18, 2000
Page 5
6.5.a)
6.5. b)
General Plan Amendment P00-0477 - Castle and Cooke CA, Inc.
Combined with 6.4.b below.
Zone Change No. P00-0477- Castle and Cooke CA, Inc. (Ward 4)
Staff report given recommending approval.
Commissioner Sprague asked about the area designated PUD to R-1 and
wanted to know if that area was for percolation or farmed? Mr. Gauthier said it
was farmed in carrots for at least the last decade.
commissioner Brady asked if there had ever been an EIR on this property? Mr.
Gauthier said that everything north of the Kern River Freeway and west of the
Rio Bravo Canal is subject to the Brimhall South EIR done in 1997. There has
not been an EIR done in the last ten years to this piece of property.
There were no other Commissioner comments.
Item continued until. Thursday night.
GENERAL PLAN CONSISTENCY FINDING for the vacation of 6,144 square feet of
surplus property owned by the City of Bakersfield. Said property is located along
Hayes Street, between East Brundage Lane and State Route 58. (Ward l)
Staff report given recommending approval.
There were no Commissioner comments or questions.
Item will be voted on the Consent Agenda on Thursday night.
COMMUNICATIONS
Mr. Grady said the Commission should have a memorandum .dated September 12 in ·
response to a condition on a subdivision map. It is an advisory memorandum. After
the hearing was over, staff determined that there was an agreement in place between
the applicant and the city that effected what they could and could not do to a certain
condition. What the applicant's representative had requested was not consistent with
that agreement. He wasn't aware of the agreement at the time of the hearing and it
was-brought to his attention by RiverLakes Ranch. The memorandum contains the
correct language for that condition and advising the Commission that because it is not
consistent with an approved agreement between the City Council and RiverLakes
Ranch, the condition requested by the applicant is voided andwill be replaced with the
language from the agreement.
- Minutes, PC, september 18, 2000
Page 6
10.
COMMISSION COMMENTS
There were no Commission comments.
11. ADJOURNMENT
October 4, 2000
There being no fUrther business to come before the Commission, the meeting was
adjourned at 1:09 p.m.
Pam Townsend, Recording Secretary
Planning Director I /