HomeMy WebLinkAbout09/21/00Council Chamber, City Hall
1. ROLL CALL
Thursday, September 21, 2000
5:30 p.m.
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.
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appeals are withdrawn prior to the City Council hearing, it will not be conducted and the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, Thursday - September 21, 2000
Page 2
4.
(Ward 3)
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withdrawn, the action of the Planning Commission shall become final.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.
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 RI=ZONINGS,
ORDINANCE AMENDMENTS, AND CIRCULATION ELEMENT AMENDMENTS:
6.1.a) General Plan Amendment/Circulation Element Amendment File No. P99-
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, Thursday - September 21, 2000
Page 3
(Ward 3)
(Ward 3)
RECOMMENDATION:
Continue until October $, 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
6.2.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.
(Ward
6.3)
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:
Approve
Roll call vote.
Agenda, PC, Thursday - September 21, 2000
Page 4
6.4.a)
(Wa~
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)
(Wa~ ~
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, Thursday - September 21, 2000
Page
6.5.b)
(Ward
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. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THF
NEXT PRE-MEETING.
11. ADJOURNMENT
September 18, 2000
STANL Secretary
Planning Director
Held ; September 21, 2000
5:30 p.m.
1. ROLL CALL
City Council Chamber, City Hall
1501 Truxtun Avenue
Bakersfield, California.
COMMISSIONERS:
Present:
MICHAEL DHANENS, Chairperson
STEPHEN BOYLE, Vice Chairperson
MATHEW BRADY
TOM MCGINNIS
MARTI MUNIS-KEMPER
RON SPRAGUE
JEFFREY TKAC
AD VlSORY MEMBERS:
Present:
CARL HERNANDEZ, Assistant City Attorney
DENNIS FIDLER, 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
Commissioner Boyle stated that he had missed Monday's pre-meeting but had listened
to a tape of the meeting and was prepared to participate in tonight's agenda.
CONSENT AGENDA ITEMS
3.1)
3.2)
A.qenda 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.
Minutes, PC, September 21, 2000
Page 2
Motion was made by Commissioner Sprague, seconded by Commissioner
McGinnis, to approve the Consent Agenda Items.
APPROVAL OF MINUTES
Approval of minutes of the regular meeting held August 17, 2000.
See Consent Agenda
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.
Tom Queen, a resident in the area, asked the Commission why the project was
continued and why he was notified there was going to be hearing on this tonight but
was not notified that it was going to be continued? Commissioner Dhanens said the
consultant working on the EIR has not finished his material yet and that is the reason
for the continuance. Commissioner Dhanens said they weren't aware in time to notify
the residents that the consultant would not have the material ready for tonight's
hearing.
Mr. Queen asked if the property on the north side of Paladino is ag? Mr. Grady said
the zoning is agriculture.
On a motion by Commissioner Brady, seconded by Commissioner Boyle this item was
continued until October 5, 2000.
6. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS,
ORDINANCE AMENDMENTS, AND CIRCULATION ELEMENT AMENDMENTS:
6.1.a) General Plan Amendment/Circulation Element Amendment File No. P99-
6.1.b)
0647 - Mountain View Bravo, LLC (Ward 3)
Combined with items 5 and 6.1 .b.
Zone Change P99-0647 - Mountain View Bravo, LLC (Ward 3)
Combined with items 5 and 6.1 .a
Minutes, PC, September 21, 2000
Page 3
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 had been opened in the June 15, 2000 meeting.
No one spoke either for or against the project.
Project was withdrawn.
6.2.b) Zone Change P00-0234 - Castle & Cooke CA, Inc.. (Ward
Combined with item and 6.2.a
6.3)
General Plan Amendment P00-0468 - Castle & Cooke CA, Inc. (Ward 6)
Applicant is requesting a continuance until December 21, 2000.
Public portion of the hearing was opened.
No one spoke either for or against the project.
On a motion from Commissioner Brady, seconded by Commissioner Sprague;
this item was continued until the December 2!, 2000 Planning Commission
meeting.
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 for the general plan amendment and
zone change project and answering the questions from Monday's pre-meeting.
Public portion of the meeting was opened. The following residents spoke in
opposition of the project:
Robert HartSock, a resident of the area, stated' his concerns about the project.
He said that staff's analysis was insufficient under CEQA and that a negative
declaration for this project is improper. Mr. Hartsock listed the types of
businesses that could be located in this large of a shopping center in a C-2 zone
and said that staff said by issuing a negative declaration for this project, that it
Minutes, PC, September 21, 2000
Page 4
"could not have a significant effect on the environment." Mr. Hartsock said he
had problems with the traffic study one of which was it didn't look at morning
traffic. Mr. Hartsock suggested that the city "slow down and look at the project
and the effects and the potential effects it will have on the residents." He also
requested that the city require a full EIR and that it consider the cumulative
effects. Mr. Hartsock said that the city should withdraw this application from
LAFCO and not let this property in the city until the area of Brimhall and Allen is
rezoned.as residential or made into a park. In conclusion, Mr. Hartsock, said
that a Regional Commercial zone does not need to be in the middle of a
residential area.
Steve Moses, who lives in the area, asked that the Planning Department send
out code definitions when they send out the notices for projects. He does not
know what the designations stand for and it would be helpful for the people
receiving the notice. He said some of the houses face the C-2 and would have
their front doors open up to this large commercial site~ Mr. Moses said that out
of all the commercial sites, this is the only one that has a feeder road out of the
subdivision that goes straight into the commercial site instead of being walled
and the exit not being close to the commercial site. This causes commercial
traffic, lighting and glare down the residential street and safety issues. Mr.
Moses stated that the nearest existing commercial site is ~ mile away and feels
that this site is too close to that one.
Sandy Hartsock, a resident of Overton Street, spoke against the project. She
said that the majority of the property owners in her area, oppose any increase in
commercial zoning. They have 171 signatures stating their position and it was
given to the Planning DePartment on Septembe¢ 11, 2000. When they
purchased their homes they were told that there would be similar Estate size
homes on this property. There should be a place in Bakersfield that you could
build a home and be guaranteed that the zoning won't be changed across the
street. The majority of the neighbors do not want a large commerCial center
here and that should be enough for the Commission to decline the zone
change. Commissioner Dhanens said that the Commission did receive the
petition since the staff report was prepared.
Jim Hankinson said that he lives on Overton Street which faces the proposed
general plan and zone change site. He feels that it is inappropriate that the
general plan be changed so easily just for one person. Mr. Hankinson said that
planning seems to be flawed somewhat if we allow C-2 next to R-! with estate
size lots and no buffer zones. He feels no compelling reason that the
Commission should act on this today. The 'property owners have no idea what
is going in there so they do not know what impact on home values this will have
on their properties. Mr. Hankinson asked what would stop Mr. Froehlich from
adding more acres in a year or so and build even a larger shopping center?
The ten acres that is zoned for commercial there now is large enough. The
residents will suffer the loss of quality of their lifestyle. Glare and noise needs
to be looked at further in Mr. Hankinson's opinion. He urged the Commission to
vote against it or defer it for three to five years. ~
Minutes, PC, September 21, 2000
Pa9® 5
Gene Telese, a resident on the southwest corner of Brimhall and Allen Roads,
said that as the project is today, they will be facing into the proposed
commercial project. He requested that the Planning Commission take into
Consideration that-their homes will be facing the project and asked the
Commission to assist them with some type of walling or sound buffering.
Dean Adams, a resident on Overton Street, said that if this C-2 project is built it
will be a magnet for the students from Liberty High School. The loitering and
cruising will have a negative impact on the neighborhood and he thinks that
should be taken into consideration.
Dick Burritt, a resident of Brimhall Estates, Wanted the Commission to
understand that this is a nice arsa and they have all the services they need for
daily life. There is no need to have more commercial development in this nice
neighborhood. He hopes the Commission will take that into consideration when
they make their decision.
Richard Hill, a resident on Branch Creek Street, feels that a commercial site is
not needed in a residential area. There are other commercial sites'nearby.
Kelly Gilreath said that her home faces this site and she would like the
Commission to know that she can't get another home like this and she knew it
was commercial across the street but feels that it should remain a small site and
requested the Commission to deny the larger commercial zoning. ~
Ron Froehlich; representing the applicant, Lone Pine Farms, said that in 1984
before anY of the homes, but one, were there, he rezoned this site to
Commercial. Ten acres was the average size at the time. Recently he spoke to
the City about annexing and said that he would like to increase the commercial
to the going size for commercial at this time. They have retained the same
architect as the Marketplace and they want to make a nice looking commercial
site. They are going to retain ownership in a build to suit situation. They have
lived their for four generations and have never opposed development in the
area. Mr. Froehlich stated that city staff approved the added commercial. The
site met every criteria for city standards. All the ground they have around the
commercial site will be estate size homes. The shopping center will be a Iow
profile beautiful project. They would like to have the expansion and would be
willing to give and take options.
Public portion of the hearing was closed.
Commissioner Boyle stated that the general plan says there will be commercial
sites every mile so that thers will be neighborhood shopping. He supports the
general plan. Commissioner Boyle asked staff if the general plan Contemplates
regional shopping centers every mile or does it contemplate neighborhood
shopping centers every mile? Mr. Grady said the general plan policy addresses
the location of general commercial designations. It doesn't speak specifically to
whether its regional or neighborhood. The % separation is for new,commercial
Minutes, PC, September 21, 2000
Page 6
designations. Commissioner Boyle asked if there is a definition for-regional
shopping centers and neighborhood shopping centers? Mr. Grady said the
zoning ordinance divides the commercial designations into C-O for Commercial
Office, C-1 for Neighborhood Commercial, C-2 for Regional and then CC and
CB which is primarily for the business district and downtown. The C-2
commercial zone has the most intensive uses for commercial activity. That is
the zone that is usually located at the intersection of two arterials such as this
one. Some C-1 zones are located closer to.residential with homes adjoining
them.
Commissioner Boyle asked Mr. Hernandez his opinion about the lengthy letter
from Mr. Hartsock indicating there is a CEQA issue? Mr. Hernandez said the
city is required to conduct an initial study to ascertain whether the proposed
action will constitute a significant imp. act to the environment. Staff found their
were no significant impacts under CEQA. There is a difference between policy
and planning issues and CEQA. What may be objectionable under planning
issues may not be objectionable under CEQA. From staff's perspective upon
conducting the initial study, it was found there would be no negative impacts
created by what is being proposed by the applicant. The Commission needs to
step back and look at the record and see if the evidence creates a significant
impact. The evidence they look at needs to be substantial evidence. Not
opinion or personal opinion or anything that lacks foundation. In this case, from
staff's perspective, there has been no substantial evidence provided to the staff
that they could say that it was in fact a significant impact created based on the .
evidence presented in the record.
In responding to the letter from Mr. Hartsock and some of the issues,
Commissioner Boyle said that regarding the issue of aesthetics, the current
zoning already provides for residential and commercial uses and allows for the
trees to be removed. He has not seen any evidence that having a ten acre
center or a larger center would have a difference in air quality and biological
resources. Hazardous materials is speculativeland if there is a significant issue
it will be addressed at site plan. Commissioner'Boyle said nOise, hydrology and
water quality will not be affected because it is already zoned for residential and
commercial development.
Commissioner Boyle said that he does support:the neighborhood's: concern that
they have an opportunity to have input on how their neighborhood is developed.
The developer is .asking for a significant increase in commercial zoning and he
understands that also. Smaller commercial sites are no longer viable and are
not an asset to the community. Commissioner Boyle said he would support
increasing the size of the commercial but would not support the zone
designation that the applicant is requesting. He thinks a PCD would be
appropriate. The city could reserve the rights to making discretionary' acts by
using a PCD designation. That way the city and the citizens in the community
could have their say in what the development Should look like.
Minutes, PC, September 21, 2000
Page 7
Commissioner Kemper asked staff what the net is for the proposed C-2 parcel
after the streets are widened? Mr. Grady said the estimate is slightly larger than
17 acres.' Without a precise site plan, staff does not know the exact number.
Commissioner Kemper said that she is in agreement in recommending a PCD
zone. It would address security, lighting and glare, landscaping, ingress/egress
and require some heavy landscaping along Allen and Brimhall and perhaps add
some additional landscaping to protect the homes along the south side of
Brimhall. Commissioner Kemper said that growth is inevitable and the
Commission just wants to manage it the best they can. With a PCD they have
Public input and they can come to some compromises with some satisfactory
conclusions for all concerned.
Commissioner McGinnis said that in reviewing the information no one is
opposing the zone change along Jenkins Road. He thinks the estate size lots
are a good idea. He supports the increase in commercial but does. agree that it
should be a PCD instead of C-2.
Commissioner Brady said that he appreciates the concern of the neighbors and
understands that most of them have probably never been involved :in anything
like this but the Commission sees it all the time. ^ lot of the issues that they
have raised is also what the Commission is concerned about. The question is
how to deal with those issues. Also, a lot of the issues that the neighbors have
raised are already thero since there is already zoning for commercial on that
property. If the property comes into the city, the owner of the property doesn't
have to do anything.
Commissioner Brady said that he has concerns about going from a 10 acre site
to a 23 acre Site.- He asked staff how they came to the conclusion that the
expanSion of Allen Road and Brimhall Road will take five acres? Mr. Grady said
that the meeting he had the previous day with the applicant and his engineer
gave him the confidence of the numbers. Between four and five acres will be
lost do to the roadway. It is not the street width. It is where the roadway will fit
on his site. Once a site plan is done, they will know precisely how much land
will be lost.
Commissioner Brady said he is concerned that ten acres does not give enough
room for the residences that will I~ack up to the existing C-2 property to protect
them from glare and the noise from the project and also trash and the trucks
that will be in the loading docks. A larger project will allow room for landscaping,
berming and other requirements that protect the neighbors.
Commissioner Brady said he has no problem with the other portions of the
application. He has no problem with converting the five acres of commercial to
Estate or the R-2 to Estate. He said he is not:sure he is willing to support an
addition of 12 acres for the commercial site. It is a huge increase..
Commissioner Brady said that he would go along with adding five acres to the
project with a PCD on the entire 15 acres. He would not support the project
without a PCD.
Minutes, PC, September 2t, 2000
Parle 8
Commissioner Dhanens said he agrees with Commissioner Brady about not
seeing it necessary to almost double the size of the center. He would support
reducing the size of the acreage and requiring a PCD zone. Commissioner
Dhanens asked if they developed a list of conditions couldn't they place them
on the general plan amendment and zone change at this time so that a PCD
would not have to be followed but staff at the time of site plan review could
check to see if those items had been met in the development of that project?
Mr. Grady said that zoning is suppose to be uniformly applied. The process for
providing special development standards within a zone district is the PCD
process. It would not be appropriate to talk about site development criteria
dbring the general plan. At this stage you are not addressing the zoning issue.
There has not been any environmental impacts'identified associated with design
issues,
Commissioner Sprague said that he had reviewed this project and property
several times. It needs to be looked at as a PCD so that it can come back
before the Commission with a definite site plan so they can review it and make
recommendations for changes. He feels that the residents will not be happy if it
remains a C-2 zone. Commissioner Sprague said that he would highly support
a PCD incorporating the ten acre C-2 for that particular corner.
Commissioner Dhanens asked staff about the existing median on the south side
of Brimhall Road that separates it from a frontage road which provides access
to the residential property to the south if it would be acceptable if the
Commission required the applicant to provide the landscaping for that median if
the project were to be approved? Ms. Shaw said that the frontage road is in the
county and she is not sure what jurisdiction the city would have regarding
landscaping~ Mr. Grady said this road is not part of the pending annexation.
Ms. Shaw said she doesn't think the county has any requirements to landscape
those types of medians. Commissioner Dhanens asked if the property is
annexed and the city does control it, can the Commission require the applicant
to landscape the existing piece of property. Mr. Grady said he thought the
Commission could make a finding and relate it to some environmental concerns
because the situtation for that site is not the same as the site on Allen Road in
that you have a wall and landscape plan which is our typical sound barrier for
homes that back up to arterials. But the issue:of who would be responsible for
maintaining the improvement once it is installed if it is still in the county is a
question. Commissioner Dhanens asked if there would be a median in Brimhall
Road if it were to be built out to its full dimensions? Ms. Shaw said "yes there
would be a median in Brimhall Road."
Commissioner Dhanens asked Mr. Hartsock if he wished to make a brief
comment at this time.
Robert Hartsock said that there is no wall or sound barrier on Overton. Overton
empties onto Allen Road. Mr. Hartsock said that Commissioner BOyle stated
that there was no specific evidence in his letter with regard to CEQA violations
but' that CommissiOner Brady pointed out tonight that there will be Smell, noise,
Minutes, PC, September 2t, 2000
Page 9
trucks and garbage. Mr. Hartsock reiterated the fact that the residents in the
area do not want the additional acreage for the commercial zone approved.
'Mr. Grady reminded the Commission that if they approved a PCD it would only
be for the additional acreage, not the original ten acres that already has the
existing C-2 in place.
Commissioner Brady said the issue is whether or not the applicant :in asking for
a zone change is going to impact the surrounding property in a way that allows
us to say no, you can't do that because the impacts will be too great. The
general plan may be changed four times a year. Changes occur because the
types of development changes and with those changes sometimes the
Commission finds it better to allow the property to change.
Commissioner Brady said that the complaints he has heard tonight will not go
away if the project is denied. This will be a C-2 development and they will have
all the problems they talked about. The city has in place codes and ordinances
that require this applicant to mitigate those negative impacts to protect the
adjoining propertY owners. Commissioner Brady went on to explain a PCD zone
and how it would benefit the surrounding property owners.
Commissioner Brady asked the applicant to come forward to answer a few
questions regarding the PCD issue. Commissioner Brady asked Ron Froehlich
if he understands what a PCD is? Mr. Froehlich said "yes" and he has no
objections on the PCD tonight for the extra acreage being asked for but not for
the piece that has the existing C-2 zone.
Commissioner Brady said that he is not comfortable with a C-2 and a PCD. He
would want it all integrated and come before the Commission as one unit. He
stated that his position at this point is not to support the GPA or the zone
change.
CommiSsioner Boyle stated that he would not support the project either. He
asked staff if in the past we conditioned projects upon the applicant rezoning
adjoining property? Mr. Grady said that the Commission could put that condition
on there but it wouldn't do any good as the applicant could build the southern
part and never build the northern part. Commissioner Boyle said that he is not
willing to support an increase in the acreage if the applicant is not willing to
make it a PCD. Commissioner Boyle said he would support the project on a net
of 15 acres which would require a project of about 19-1/2 acres with PCD
zoning.
Commissioner Sprague said he would support denying the request for C-2 but
would support a PCD for the whole parcel being approximately 15 acres so the
Commission would have control. It is not giving up something but enhancing
the situation.
Minutes, PC, September 21, 2000
Page 10
~3ommissioner Kemper said She agreed with the other Commissioners regarding
the PCD.
Commissioner Sprague asked staff if they move forward with the annexation
and they don't allow the C-2 zoning, would it remain SR? Mr. Grady said "yes."
He asked if the drill islands will remain 7 acres. Mr. Grady said "yeS."
Commissioner McGinnis said he would support the applicant's proposal with a
PCD overlay on the corner. Without that he could not support the application.
Ron Froehlich asked staff that since the annexation was a condition of the
project being approved, if it is denied, if the annexation will not go through? Mr.
Grady said that when the a,nnexation hearing goes to LAFCO, he could protest
it or write a letter at the conclusion of this hearing and the City Council hearing
requesting the application for annexation be withdrawn.
Commissioner Boyle made a motion to adopt the resolution making findings
approving the Negative Declaration but denying the requested general plan
amendment. ~
Commissioner Dhanens asked Mr. Grady if there is the ability to approve the
rest of the application but deny the requested C-27 Mr. Grady said yes they
don't have to deny the entire application. The Commission can act on the
individual zone change request and land use request.
Commissioner Dhanens asked fora second on the motion and then recognized
Richard Froehlich to speak.
Mr. Froehlich asked the Commission to act on the request to convert the C-1
'and R-2 to Estate development separately. He is in the process of developing
the property between Allen Road and Jenkins into an Estate setting and the
conversion is a very popular one by the residents along Jenkins as well as the
Commission.
Commissioner Sprague said that he would second the motion.
Mr. Hernandez said that the motion needs to be restated as it is not clear as to
what it is exactly dealing with. There are several different general plan
amendment requests as well as several different zone change requests. It
needs to be made clear as to what is being approved and what is being denied.
There were no other Commissioner comments.
Commissioner Boyle made a motion, seconded by Commissioner Sprague, to
adopt the resolution making findings approving the Negative Declaration and
.approving the requested general plan amendment to amend the land use
element designation from LMR, SR, GC and R-MP to GC and SRon 33.65
acres located generallyalong the north side of Brimhall ROad south of Rosedale
Minutes, PC, september 21, 2000
Page 11
Highway, between Allen Road and Jenkins Road as delineated in Exhibit "A"
and recommend same to City Council with the following exception: that the .
property that was being changed from SR to GC in the lower southeast corner
would be denied.
AYES:
NOES
Commissioners Boyle, Brady, Kemper, McGinnis, Spraguel Tkac,
Dhanens
None
ABSENT: None
Commissioner Boyle made a motion, seconded by Commissioner Sprague, to
adopt the resolution making findings approving the requested Zone Change to
amend the zoning district from C-1 (Neighborhood Commercial) and R-2
(Limited Multiple Family Dwelling) to E (Estate) on approximately 10.9 acres as
delineated in Exhibit "B" and recommend same to the City Council and deny the
application for the E (Estate) to C-2 (Regional Commercial) on '12.5 acres
located generally along the north side of Brimhall Road south of Rosedale
Highway, between Allen Road.
Motion carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Kemper, McGinnis, Sprague, Tkac,
Dhanens
NOES None
ABSENT: None
A five minute recess was taken.
6.5.a)
6.S.b)
General Plan Amendment P00-0477 - Castle and Cooke CA, Inc (Ward 4)
Combined with 6.4.b below.
Zone Change No. P00-0477- Castle and Cooke CA, Inc (Ward 4)
Commissioner Dhanens asked staff if them was anything to add since the
Monday pm-meeting? Mr. Gmdy said them is a memo from Ms. Shaw of the
Public Works Department modifying some Public Works conditions=- 3.a., 3.b., 5
and 7 and a memorandum from him regarding a requirement for a Master Plan
for parks to be provided prior to the approval of any subdivisions within this
project area. Both of those should be added to the motion to approve the
project as conditions.
The public portion Of the hearing was opened. No one spoke in opposition.
Minutes, PC, September 21, 2000
Page t2
Roger Mclntosh, representing Castle & Cooke CA., Inc., said that.they have
read through the staff report and met with staff and concur with the two memos
dated September 18 from Mr. Grady and Ms. Shaw and would request a
clarification of Planning Department condition No. 21. They want to clarify that
open space to be mitigated to provide 43 acres of open space within one mile of
the PUD to R-1 zone change project boundary prior to the submittal of any
tentative tract within that PUD to R-1 zone change area.
Public portion of the hearing was closed.
Mr. Grady said that the intent of the condition is as Mr. Mclntosh stated it. It was
to cover the tract submitted within the boundaries of the PUD to R-I.
CommissionerBrady asked if there is fencing up along the canals? Mr. Grady
said that he does not recall if there is fences there or not. Mr. Mclntosh said
that the Cross Valley is one of the main canals that run east/west through there
that is fenced with at least a six-foot high chain-link fence. The Rosedale-Rio
Bravo intake canal is not fenced. It is a canal that is used for water recharge to
transfer water from the river to the district's property and there is a condition on
Tract 5882 to the north of that canal and on the old Fairways project to fence
that within the pulling of the first building permit within a quarter of mile which is
the standard city ordinance. Commissioner Brady asked staff if this was a
condition already on the project or do they need to add it as a condition? Mr.
Grady said "no." Commissioner Brady requested that a condition be put on the
project that the applicant be required to pay for fencing along the canal within
1/4 mile on the side of the canal facing the project.
Commissioner Boyle and Commissioner McGinnis said they support the project.
Commissioner McGinnis asked what provisions are there for traffic flow through
the project in the event the project is developed before the Kern River Freeway
is? Ms. Shaw said the Kern River Freeway would have no effect to the
development to the north since they have no access to it. What they would
have is the collector Old Farm and Jewetta going down into the development to
help disburse local traffic up to the arterial at Brimhall so you don't have any
development that's more than about 1/4 to 2/4 of a mile away from a collector.
Jewetta would cross either over or under the Kern River Alignment and connect
up to St0ckdale Highway at the location of Old Farm Road was going to.
Verdugo ends where it is shown. It does not connect across. Verdugo goes
into the development. It carries traffic in and out of the development.
Commissioner Sprague asked staff if there will be access to Stockdale Highway
or will they be accessing off of the proposed new Jewetta South going into
Stockdale Highway in the high density area? Mr. Grady said that wouldn't be
known until a project was actually submitted. Commissioner Sprague said he is
concerned about traffic on Stockdale and whether they will make ingress/egress
off of the area and still have commercial across from it and with the high school
to the west there could be traffic congestion in the high density area. Ms. Shaw
Minutes, PC, September 21, 2000
Page 13
said the general plan limits access to arterial. When a development plan comes
in at that time there is a condition No. 4 which says that that access is limited
and will be determined at the time of division or development. TheY will follow
the general plan and the city's standards with regards to access onto Stockdale
and Jewetta to maintain separation between intersections.
Commissioner Sprague said he is concerned about noise buffering and Mr.
Grady said that would be looked at at the site plan review stage. Commissioner
Sprague asked if a noise study would be required at that time? Mr: Grady said
it would depend on how the project is laid out. Commissioner Sprague said he
supports the project.
Commissioner Dhanens asked what the designation is of Jewetta south of
Brimhall Road to the Kern River Freeway alignment. Ms. Shaw said she
believes it is a collector. Commissioner Dhanens said that he supports the
project and feels comfortable with the condition regarding open space and
parks.
There were no other Commissioner comments.
Commissioner Kemper made a motion, seconded by Commissioner McGinnis,
to adopt resolutions recommending apProval of the land use element
amendment, circulation element amendment of the Metropolitan Bakersfield
2010 General Plan and zone change amendment with findings as presented in
resolutions Exhibit "D" to the City Council subject to mitigation measures and
conditions shown on Exhibit "A" with the inclusion of the two memos dated
September 18 from Mr. Grady and Ms. Shaw and with the condition that the
canal be fenced within a quarter of a mile from a residence.
AYES:
Motion carried by the following roll call vote:
CommiSsioners Boyle, Brady, Kemper, McGinnis, Sprague, Tkac,
Dhanens
NOES None
ABSENT: None
7.
= ·
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 ~)
See Consent Agenda.
coMMUNICATIONs
None
Minutes, PC, September 21, 2000
Page14
=
COMMISSION COMMENTS
Commissioner Brady asked the Planning Commission to form a committee to address
the issue of canal fencing. He would like everyone who has a concern in this issue to
begin working on an ordinance that would address the issue so, that everyone would
understand the rules and that we would be protecting the citizens uniformly.
Commissioner Kemper asked if it was feasible to include code definitions in the notice
of public hearings that goes out to the people within 300 feet of a project? Mr. Grady
said it would extend the size of a notice considerably. It would impact the size and cost
of the notice. Commissioner Kemper asked if perhaps just a brief description could be
included. Mr. Grady said that he could try something on the next notice and show it to
the Commission to see if that accomplishes what she thinks the people have been
asking for.
Commissioner Brady suggested that the City's web site address be on the notice and
that the web site could have the zoning descriptions on it. The public could go to the
location based on the address on the notice and get a complete definition not limited by
space. Mr. Grady said that was an excellent idea and we could do that.
~Commissioner Boyle requested that a discussion item on landscaping be added to the
next agenda. In particular he would like to look at what the present requirements are
for commercial centers as well as landscape medians with attention to the possibility of
increasing the size of trees, the percentage of evergreen trees and increasing the size
of the wells in the parking lots.
Jack Hardisty, Development Services Director, said that he has been at the Urban
Development Committee meeting and staff has been directed to work on basically the
same thing that the Commission is now discussing. One of the things is al tree
foundation proposal to increase the quality, standard, maintenance and care of trees.
They have a fairly large scope of concern. If the Planning Commission committee is
formed he recommends that the committee meet as soon as possible as Staff only has
a month to report back to the Urban Development Committee. Staff has been
requested to come back with a draft ordinance suitable for hearings by the Planning
Commission as an interim ordinance pending perhaps a years' worth of wOrk on a
larger scale.
Commissioner Brady said he was aware of the tree foundation and thinks Mr. Hardisty's
idea of forming a committee is a good one but he still requests a discussion item at the
next meeting.
Commissioner Sprague said he would like to try to integrate some of the Commission's
requests that they have been talking about and incorporating into the ordinance
regarding concrete block fences instead of being 6 feet being 8 feet and lighting be
inverted away from adjacent areas, berming, some of the access areas and trying to.
beautify the projects with more evergreen instead of deciduous trees. He thinks it falls
in line with what Commissioner Boyle is requesting and he wOuld be happy to be a part
of the committee and add some comments to that.
Minutes, PC, September 21, 2000
Page 15
10.
Commissioner Tkac said he would be more than happy to serve on the committee
regarding trees.
Commissioner Dhanens asked if Title 16 didn't already have a requirement that
subdivisions would have to fence a canal if they pulled a permit within a 1/4 mile of that
canal? Mr. Grady said there is a requirement for canal fencing but the reference to the
distance is not included. There is more discretion granted to the Planning Director in
terms of identifying when that has,to occur.
Commissioner Dhanens appointed Commissioners Brady, Kemper and Tkac with
Commissioner Brady being the chairman to a committee in charge of looking at the
fencing issue and putting something in the ordinance that would satisfy the safety
considerations of tracts that are adjacent to canals that are not fenced
Commissioner Dhanens also appointed a committee to evaluate our current landscape
standards in the ordinance in light of the city's Urban Development Committee's work
-and in light of the tree foundation's desire to enhance the landscaping in the community
and for that Commissioners Boyle, McGinnis and Sprague with Commissioner Boyle.
acting as chairman of that committee were appointed. Commissioner Dhanens
requested that the committee meet as soon as possible. ~
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE
NEXT PRE-MEETING.
It was decided to have a pre-meeting on October 2, 2000.
Commissioner Sprague asked if the Commission could be provided with a recap
summary of Councilman Maggard's meeting with CalTrans regarding transportation
issues on Highway 178 and whether it was going to assist the development in the
northeast area. Commissioner Sprague thought it would be effective information when
making a decision on the City in the Hills project coming before them at the next
Planning Commission meeting. Mr. Grady said he would.
11.
ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 8:30 p.m.
Pam Townsend, Recording Secretary
Planning Directorr · ~
October 4, 2000