HomeMy WebLinkAbout02/15/01 AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
Thursday, February 15, 2001
5:30 p.m.
ROLL CALL
NOTE:
MICHAEL DHANENS, Chairman
STEPHEN BOYLE, Vice-Chairman
MA THEW BRADY
MARTI MUNIS.KEMPER
TOM MCGINNIS
RON SPRAGUE
JEFFREY TKAC
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 HE,~RING 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 subj&ct to appeal by any interested person adversely affected by the decision of the '
Commission. No permit shall'be issued for any use involved in an application until after the final
acceptanqe date of appeal.
The appeal shall include the appellant's interest in or relationship to the subject property, the
decision or action appealed and shall state specific facts and reasons why the appellant believes
the decision or action of the Commission should not be upheld.
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 If all appeals are withdrawn prior to the City Council hearing, it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 standl
If no appeal is received withini the specified time period or if all appeals filed are withdrawn the
action of the.Planning Commission shall become final.
Agenda, PC, Thursday - February 15, 2001
page 2
e
5.
(Ward 3)
(Ward 4 )
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)
3.3)
Agenda Item 4) - Approval of minutes for Dec. 18 & 21, Jan. 2,4,16 & 18.
Agenda Item 5) - Extension of Time VTT 5923 - Porter-Robertson
Agenda Item 9) - Consistency Finding - Disposition of Property
APPROVAL OF MINUTES
Approval of minutes of the regular meetings held December 18 and 21, January 2, 4,
16 and 18.
PUBLIC HEARING -.EXTENSION OF TIME for Vesting Tentative Tract 6923 (Porter-
Robertson) containing 152 lots on 44.54 acres for single family residential purposes,
zoned R-l,(One' Family Dwelling); generally located at the southern terminus of Mesa
Marin Drive, appreximately 1/4 mile east of SR 184 and about 3/4 of a mile south of SR
178. (Negative Declaration on file)
RECOMMENDATION:
Approve
Group Vote,
PUBLIC HEARING - Tentative Parcel Map 10763 (Delmarter and Deifel)
Containing three.parcels on 88.04 acres zoned C-2 (Regional Commercial), E.(Estate)
and R-2 (Limited Multiple Family Dwelling). The applicant is also request~ing deferral of
improvements until development ofthe parcels through subdivision, planned
commercial development and/or site plan review; located between Allen Road and
Jenkins Road on the north Side of Brimhall Road. (Exempt from CEQA)
RECOMMENDATION:
Approve
Group vote
Agenda, PC, Thursday -.February 15, 2001
Page3
(Ward 4)
PUBLIC HEARINGS - Tentative Tract Maps
7.1)
Vesting Tentative Tract 6017 (Porter-Robertson)
Containing 47 lots on 7.56 acres for single family residential purposes, zoned
R-2 (Limited Multiple Family Dwelling) including a request for alternate street
and lot design; and waiver of mineral rights signatures on the final map pursuant
to BMC 16.2; generally located between Northshore Drive and Coffee Road,
approximately 500 feet south of Olive Drive. (Negative Declaration on'file)
(Continued from October 5 & 19, December 7, 2000 and January 18, 2001)
RECOMMENDATION:
Approve
Group vote
7.2)
(Wa~_ 4)
Third Revised Vesting Tentative Tract 5882 (Mclntosh & Associates)
Containing 652 lots on 246.69 net acres for single family residential purposes,
zoned R-1 (One Family Dwelling) and R-1 Ch (One Family Dwelling-Church)
and a request to allow alternate street improvements and lot design; located
between Brimhall Road, the Kern River Freeway Specific Line, Jewetta Avenue
and Allen Road. (Negative Declaration on file)
'RECOMMENDATION:
Approve
Group vote
7.3)
(Ward 4 )
Revised Vesting Tentative Tract 5940 (Phased) (Mclntosh & Associates)
Containing 178 lots ,on 78.9' acres for single family residential purposes and
creation of a school~site, zoned R-1 (One Family Dwelling) and A (Agriculture)
and a request to allow alternate street improvements and lot design; located on
the south side of campus Park Drive, between Old River Road and Mountain
Vista Drive. (Negative Declaration on file) ·
RECOMMENDATION:
Approve
Group vote
(Ward 4 )
PUBLIC HEARING -Zone,Change P01-0007 (Mclntosh & Associates)
Zone-Change from an A (Agriculture) to an R-1 (One Family Dwelling) zone on 10.07
acres; 'located on-the southeast corner of Campus Park Drive, and Mountain Vista
Drive. (Negative Declaration on file)
RECOMMENDATION:
Approve
Roll Call Vote
Agenda, PC, Thursday - February 15, 2001
Page 4
(Ward 2)
GENERAL PLAN CONSISTENCY FINDING
Avenue. (Exempt from CEQA)
RECOMMENDATION: Make Finding
Gr°u p Vote.
for the disposition of 1600 East Truxtun
10.
COMMUNICATIONS
A) Written
B) Verbal
11.
COMMISSION COMMENTS
A) Committees
t2.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE
NEXT PRE-MEETING.
13. ADJOURNMENT
Jar~uary 30, 2001
Held
.-
'Thursday, February 15, 2001
5:30 p.m.
City Council Chamber, City Hall
1501 Truxtun Avenue
Bakersfield, California.
ROLL CALL
COMMISSIONERS:
Present:
STEPHEN BOYLE, Vice Chairperson
-. MATHEW BRADY
TOM MCGINNIS
' MARTI MUNIS-KEMPER
RON SPRAGUE
JEFFREY TKAC
Absent:
MICHAEL DHANENS, Chairperson
ADVISORY MEMBERS:
Present:
Staff:
CARL HERNANDEZ, Deputy City Attorney
JACK LEONARD, Assistant Building Director
MARIAN SHAW, Engineer IV
Present:
STANLEY GRADY, Planning Director
JAMES MOVIUS Principal Planner
PAM TOWNSEND, Recording Secretary
PUBLIC STATEMENTS
None
Vice Chairman Boyle read the Notice of the Right to Appeal
CONSENT AGENDA ITEMS
3.1) Agenda Item 4) - ApProval of minutes for Dec. 18 & 21, Jan. 2,4,16 & 18.
3.2) Agenda Item 5) - Extension of Time VTT 5923 - Porter-Robertson
3.3) Agenda Item 9) - Consistency Finding - Disposition of Property
Minutes, PC, Thursday, February 15, 2001
Page 2
Commissioner Sprague stated that he had a conflict of interest on Agenda Item 3.2.
Motion was made by Commissioner Brady, seconded by Commissioner McGinnis, to
approve the consent agenda items. Motion carried.
APPROVAL OF MINUTESi
See Consent Agenda.
PUBLIC HEARING - EXTENSION OF TIME for Vesting Tentative Tract 5923 (Porter-
Robertson) (Ward 3)
See Consent Agenda
=
PUBLIC HEARING -Tentative Parcel Map 10763 (Delmarter and Deifel) (Ward4)
Commissioner Tkac seated at this time.
Staff stated the applicant has asked for a continuance on this project until the next
available meeting.
Public portion of the hearing was opened. No one spoke for or against the.project.
Motion was made by Commissioner Brady, seconded by Commissioner Kemper, to
continue this item until MarCh 15, 2001. Motion carried.
PUBLIC HEARINGS - Tentative Tract Maps
7.1) Vesting Tentative Tract 6017 (Porter-Robertson) (Ward 4)
Staff report given recommending approval.
Public portion of the hearing-was opened. No one spoke against this project.
'Randy Bergquist, with Porter-Robertson Engineering, stated they agreed with all-
the conditions except one that they wish to modify. They asked that they be
allowed to construct; the sidewalks on one side of the street. He showed a map
on the overhead demonstrating their request.
Public portion of the; hearing was closed.
Commissioner Sprague said that he is comfortable with the layout of the sideL
walks but asked Fire Marshal Shapazian that in the event of a power blackout
how the Fire Department would access the subdivision in an emergency without
Minutes, PC, Thursday~* February 15, 2001
Page 3
a crash gate? Mr. Shapazian said that the power gates have a disconnect
feature so that they can be moved manually. Commissioner Sprague asked if a
crash gate could beI put in at the south end of the subdivision near the cul-de-
sac area on North Shore Drive? Mr. Shapazian said that is a possibility but one
of the reasons they :did not opt for that is the size of the development and they
thoUght it could be mitigated with the extra lane required but if the Commission
desires, they could do that. Commissioner Sprague said that if the Fire
Department is fine .,With the plan he would be too. Mr. Shapazian said with the
extra lane-he is satisfied that there would be less chance the intersection would
be blocked.
Commissioner BradY asked Ms. Shaw's response to the applicant's request for
-sidewalks on one side. Ms. Shaw said that they had discussed this with the
Traffic Engineer an~l after looking at the exhibit, they do not have a problem with
it. Commissioner Brady asked what needs to be modified to put into effect the
applicant's change~ Ms. Shaw said that there would be a modification to
condition 1.3 and clarify that the combination sidewalks would be-on one side of
the street only as per the exhibit which will be attached. Commissioner Brady
said that he would support the application with that amendment.
There were no other Commission comments or questions.
Motion Was made by Commissioner Brady, seconded by Commissioner
Sprague, to approve and adopt the Negative Declaration and to approve
Vesting Tentative Tract Map 6017 with findings and conditions set forth in the
attached Resolution Exhibit A with the change to Public Works-Condition 1.3 to
allow sidewalks on one side per the exhibit proposed by the applicant. Motion
carried.
7.2)
Third Revised Vesting Tentative Tract 5882 (Mclntosh & Associates) (Ward 4)
Staff report given recommending apProval.
Public portion of the hearing was opened. Pat Preston, Assistant' Principal of
Liberty High, spoke lin opposition to the project. He said their concern is the four
cul-de-sacs that have been revised to empty onto Patrick Henry Way which is
the nOrth boundary of their school. They are worried about the amount of traffic
coming out of the cul-de-sacs onto the street adjacent to the school property.
There is also a concern at Patrick Henry Way where it meets Jewetta. They
were glad to see that Jewetta would go all the way through. There is a lot of
congestion at certain times of day now without the houses being built.
Roger Mclntosh, representing Castle and Cooke, CA Inc., said they have
reviewed the staff report, the memorandum from the Planning Department
dated February 15 and the memorandum from the Public Works Department
amending conditions 1.4, 9, 14 and adding 12.a. Mr. Mclntosh said that they
agree'with condition 9 but if they cannot work out the phased development of
Minutes, PC, Thursday, February 15, 2001
Page 4
Brimhall Road, they, reserve the right to appeal that condition to the City Council.
They will try to get it, resolved next week when Jacques LaRochelle returns.
Mr. Mclntosh showed the Commission a copy of the original subdivision (VTT
5882)-map. He said that this is the third time it has come before the
Commission and that at the time of the first hearing, they had a number of cul-
de-sacs going off the north end of the street and a church site reserved at the ·
corner. The existing application is not much different than the original one. He
said that the high school district has been aware of the single family subdivision
going :in there for a long time. At the time of the second revised vesting map,
the high school requested that a street be put in which they have done. Mr.
Mclntosh said that if it is a concern of the Commission, he suggeSts that posting
"no parking" or "parking by permit only" signs in that area to the north so that the
residents can police the parking activity.
Mr. Mclntosh said that he agrees with the staff report and conditions and is
available to answer questions,
Public portion of the hearing was closed.
Commissioner Sprague asked staff what the width of the street is along the high
school? Ms. Shaw Said it is a local street with a 60 foot right-of-way.
Commissioner Sprague asked if there would be parking lanes available on one
side of the street? Ms. Shaw said that there is parking available on both sides
of the street. Commissioner Sprague asked if no parking signs were put up on
both sides Of the street, could the street then be four lanes? Ms. Shaw said she
would not recommend four lanes on a local street. Commissioner Sprague
asked Mr. Walker, Traffic Engineer,~to comment on the request. Mr. Walker
said that he concurs with Mr. Mclntosh's assessment of the situation.
Commissioner Brady said that he sees there is a potential parking problem and
wanted to know how restricted parking issues are put into effect to prevent this
neighborhood being used as a parking lot during school hours and events? Mr.
Walker said that he doesn't see the necessity of doing anything at this time.
There is a residential parking permit process that has been done in other areas
that has been successful. He suggested that with the tract development on the
north side of Patrick. Henry that no parking signs be installed that says "no
parking between the hours of 7:30 and 4:30." The residential parking permit
process has to go in front of the City Council. The only suggestion Mr. Walker
had at this time regarding the parking is that the Commission require the "no
parking during...'! signs on the north side of Patrick Henry. Commissioner Brady
asked Mr. Mclntosh if they would be agreeable to that? Mr. Mclntosh said that
they wouldn't mind having "no parking at any time" signs. Mr. Walker said that
he agrees that would be the best:
Commissioner Brady asked Mr. Preston if this was agreeable .to him? Mr.
Preston said that he agrees it would help but he still has a problem with the
amount of traffic coming in and out and the congestion that-happens at Jewetta
Minutes, PC, ThUrsday, February i5, 2001
Page5
and Brimhall. Commissioner Brady asked Mr. Preston if he'had any evidence
that the vehicle trips generated by the residences as proposed are going to
burden'the roadways beyond their design? Mr. Preston said that he knows
what kind of problems they have now and he doesn't see how those problems
are going to be alleviated when development occurs.
Commissioner_ Brady asked Mr. Walker if he believes, in his review of the
project, if the roadways are sufficient so as not to be overburdened as they are
presently designed to be built? Mr. Walker said "yes." CommisSioner Brady
asked Mr. Walker if the roadways in the area will actually be improved as a
inormal part_ of development?. Mr. Walker said "yes." Commissioner Brady
asked if Mr. Walker believes that those improvements will be sufficient to handle
the traffic that will be placed in with this project? Mr. Walker said-"yes."
Commissioner BradY said that he would be willing to support the project with the
condition that there ibe no parking on the north side of Patrick Henry and it be
'posted accordingly with red curbing or the posting of signs.
Commissioner Boyle asked Commissioner Brady if he means the no parking
should be limited to Patrick Henry or all of the cul-de-sac streets also?
Commissioner BradY said just Patrick Henry at this time but if it becomes a
problem, later the neighborhood could have the problem addressed before the
City Council.
Commissioner McGinnis asked Mr. Walker if he thinks limiting the parking on
. Patrick Henry will sblve the problem? Mr. Walker said that he is sure there will
be some Problems but it is his hope that it doesn't become a major problem.
Commissioner McGinnis asked how this is enforced? Mr. Walker said that it is
enforced by the City traffic police.
Commissioner Tkac asked Mr. Preston if Patrick Henry Drive is the only way to
get out of the school? Mr. Preston said that right now it is.
Commissioner Boyle asked how many trips Patrick Henry Drive is designed for
as a Level of Service C per day? Mr. Walker said that theoretically it can handle
9 to 10,000 cars per day at capacity.. On a continuous basis it wOuld be 2 or
3,000 ibefore~they get complaints but here there will be times that it will be
extremely busy but the peak times for the school are not the same as for the
neighborhood. The~peak time that there would be more concern is the
afternOon because they all leave at once. In the morning hours everyone is
more spread out.
Commissioner Boyle said that it is his understanding that they cannot require
permitted parking on the cul-de-sac lots? Mr. Hernandez said that the City
CounCil wOuld haveto make a finding that there is a traffic problem. The
Planning CommissiOn does not have the authority to make thefinding to grant
.the permit. Commissioner Boyle sees the parking as a huge potential problem
and he thinks they ought to find a way to solve the problem rather than waiting.
Minutes, PC, Thursda¥~ February 15, 2001
Page 6
until it-becomes a problem and the residents have to come back to the City
Council to try to resolve the issue. Commissioner Boyle said that he
understands they cannot condition the project that the developer obtain the
permit but wanted to know if the Commission can condition that the developer
make application to obtain such a permit? Mr. Hernandez said that the difficulty
is that the City ordiqance does not provide for that process. He said that if the
Commission feels there is a need for that then they need to go back and'amend
the ordinance so it would give the Planning Commission the opportunity to do
that. Mr. Hernandez said that the Commission cannot require the applicant to
submit an application to obtain a permit at this point.
Commissioner Brady wanted to know how many parking stalls they have at the
high school? Mr._Mblntosh said the maximum amount of parking ~is around 700
cars. Commissioner Brady said that they seem to be putting the Problem
solving on the applicant when they are not creating the problem. The school
impacts the neighborhood and the neighborhood shouldn't have to fix it.
Commissioner Brady feels that the applicant has done as much as he can to
address the situation and still build it out. Commissioner Brady supports the
application as it has been presented.
Commissioner Sprague said that he supports placing the "no parking" signs On
the north side of Patrick Henry Way.
There were no other Commission comments or questions.
-Motion was made by Commissioner Brady, seconded by Commissioner Tkac, to
approve the Third Revised Vesting Tentative Tract Map 5882 with findings and
conditions set forth in the attached Resolution Exhibit A and incorporate the
Planning Director's memorandum dated February 15, 2001 as well as'the
memorandum from Marian Shaw to the Planning Commission dated February ~
15, 2001, with the additional condition that a condition be imposed that there will
be no parking along the northern half of Patrick Henry Way. Motion carried.
7.3)
Revised Vesting Tentative Tract 5940 (Phased) (Mclntosh & Associates) -
(Ward 4 )
staff stated the applicant has asked for a continuance on this project to provide
them with an opportunity to meet with the Panama-Buena Vista School District
concerning a recommended condition by staff to make Jamison Drive a private
street: Staff is recommending the project be continued until March 15, 2001.
Public Portion of the hearing was opened. No one spoke either in opposition or
in favor of this project.
Motion was made b~/Commissioner Brady, seconded by Commissioner Tkac, to
continue this item until the March 15, 2001, Planning Commission meeting.
'Motion Carried.
Minutes, PC, Thursday, February 15, 2001
Page 7
PUBLIC HEARING -Zone:Change P01-0007 (Mclntosh & Associates) (wa~4)
Staff stated that this zone Change is tied to Tentative Tract 5940 that has just been
Continued and will be required to be continued until March 15, 2001, as well.
Public portion of the hearing was opened. No one spoke either for or against this
. project.
Motion was made by Commissioner Brady, seconded by Commissioner Tkac, to
continue this item until the March 15, 2001, Planning Commission meeting. Motion
carried.
GENERAL PLAN CONSISTENCY FINDING for the disposition of 1600 East Truxtun
Avenue. (Exempt from CEQA) (Ward2)
See Consent Agenda.
10.
COMMUNICATIONS
None
11.
COMMISSION COMMENTS
None
12. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE
NEXT PRE-MEETING
Because the next meeting is a general plan cycle, it was decided there would be a pre-
meeting on March 12, 2001.
13.
February 21. 2001
ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 6:36 p.m.
Pam Townsend, Recording Secretary
Planning Director t ~,