HomeMy WebLinkAbout03/15/01 AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
1. ROLL CALL
Thursday, March 15, 2001
5:30 p.m.
MICHAEL DHANENS, Chairman
STEPHEN BOYLE, Vice Chairman
MA THEW BRADY
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 ASPEAKER'S CARD AND
PRESENT IT TOTHE 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 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
acceptance 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 ihcluded 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 If all appeals are withdrawn prior to the City Council hearing, it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 - March 15, 2001 Page 2
.-If- no appeal is received within the specified time period or if all appeals filed are withdrawn, the
action of the P!anning 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 andhas signed anagreement 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,
4.
5.
'(Werd. ,~ )
3.1)
3.2)
3.3)
3.4)
3.5)
Agenda Item 4) - Approval of Planning Commission minutes for January 29,
February 1 and 15, 2001, meetings.
Agenda Item 5) -Tentative Parcel Map 10763 cont. Until Apri! 5, 2001.
.Agenda Item 10.1) -,Consistency finding for the acquisition of a 4.87 acre site by
the City of Bakersfield for a "joint use facility."
Agenda Item 10.3) - Consistency finding for the acquisition of a parcel, by the City
of Bakersfield, along Alfred Harrell Highway. ·
Agenda Item 10.4) - Consistency finding for the acquisition of a parcel, by the City
of Bakersfield, at the NW corner of 14th & "Q" Street.
APPROVAL OF MINUTES:
Approval of minutes of the regular meetings held January 29, February 1 and 15, 2001.
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 requesting deferral of
improvements until develoPment of the 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) (Continued
.from February 15, 2001)
RECOMMENDATION: Continue until April 5, 2001
Group vOte
Agenda, PC, Thursday - March 15, 2001
Page 3
o
(Ward 7 )
(Ward 3)
PUBLIC HEARINGS - Tentative Tract Maps
6.1)
Vesting Tentative Tract 6044 (Berkshire Country Estates, LLC)
Containing 39 buildable lots and one non-buildable lot on 8.78 net acres for
singlefamily residential purposes, zoned R-1 (One Family Dwelling);.Iocated
south 'of Berkshire Road and east of South "H" Street. (Negative Declaration on
file)
RECOMMENDATION:
Approve
Group vote
6.2)
Tentative Tract 6000 "Optional Design" (Porter-Robertson)
Containing 31't buildable lots, five landscape lots, three open space lots, one
sump lot and one water well lot on 219.92 acres for single family *_residential
purposes, zoned R~I (One Family Dwelling) and R-1 HD (One Family Dwelling-
Hill Side Development Combining); located on the northeast corner of Alfred
Harrell Highway and Highway 178. The optional design applies to non-radial, .
non-perpendicular lot lines, double frontage lots, private streets, reverse corner-
lots, centerline radius less than 500 feet, and block lengths in excess of 1,00~0
feet. The applicant .proposes to obtain waiver of surface entry or signatures
from all Parties prior to the final map being recorded. In addition,, the location
and uSe of a Class III Bike Route through the subdivision will also be considered
at the hearing. (Negative Declaration on file)
RECOMMENDATION:
Approve
Group vote
(Ward 4 )
6.3)
Revised Vesting Tentative Tract 5940 (Phased) (Mclntosh & Associates)
Containing 178 Iotson 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) (Continued from February 15,
2001)
RECOMMENDATION:
Approve
Group vote
Agenda, PC, ThUrsday - March 1,5, 2001
Page 4
(Ward 4
PUBLIC HEARING ~ Z0ne'ChanRe 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) (Continued from February 15, 2001)
RECOMMENDATION: Approve
Roll Call Vote
8. PUBLIC HEARING - ORDINANCE AMENDMENTS - Bakersfield Municipal Code (City
of Bakersfield)
Proposed amendments to Bakersfield Municipal Code Title 15 (Buildings and
Construction) and Title 16 (Subdivisions) regarding requirements for design and
processing of Subdivisions :within the City of Bakersfield. Proposed amendments are
the result of recommendations from a Development Streamlining Task Force Final
Report. (Exempt from CEQA)
(A, Wards)
RECOMMENDATION: Approve
Roll call vote
(Ward 4)
(Ward 4)
PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS,
AND ORDINANCE AMENDMENTS:
9.1.a)
General Plan Amendment File No. P00-0982 - Pinnacle Engineering has
proposed to change the land use designation from OS-P (Open Space-Parks)
to SR (Suburban Residential) on two acres; generally located along the north
side of the eleventh link, the south side of the twelfth link and along the north
side.of the'thirteenth link of the RiverLakes Ranch Golf Course. (Exempt from
CEQA) ~
RECOMMENDATION:
Approve
Roll call vote
9.1.b)
RiverLakes Specific Plan Amendment File No. P00-0982 - Pinnacle
Engineering has pr, oposed to change the specific plan amendment from OS-P
(Open Space-Parks) to SR (Suburban Residential) on two acres; generally
located along the nOrth side of the eleventh link, the south side of the twelfth
link and along the nOrth side of the thirteenth link of the RiverLakes Ranch Golf
Course. (Exempt frOm CEQA)
RECOMMENDATION:
Approve
Roll call vote
Agenda, PC, Thursday - March 15, 2001
Page 5
(Ward 4)
9.1.c)
Zone Change File No. P00-0982 - Pinnacle Enaineerinq has proposed a
change in zoning frOm OS (OPen Space) to R-1 (One Family Dwelling) on two
acres; generally located along the north side of the eleventh link, the south side
of the twelfth link and along the north side of the thirteenth link of the
RiverEakes.Ranch Golf Course. (Exempt from CEQA)
RECOMMENDATION: Approve
Roll call vote.
9.2.a)
(Ward 4) .
9.2.b)
(Ward 4)
9.2.c)
(Ward 4)
General Plan Amendment File No. P00-0983 - Coleman Homes has
proposed to change the land use designation from OS-P (Open Space-Parks)
to LR (Low Density Residential) on 2.25 acres; generally located along the
south side of the eleventh link and the north side of the twelfth link of
RiverLakes Ranch Golf Course. (Exempt from CEQA)
RECOMMENDATION:
Approve
Roll call vote
RiverLakes Specific Plan Amendment File No. P00-0983 - Coleman Homes
has proposed to change the specific plan amendment from OS-P (Open Space-
Parks) to LR (Low Density Residential) on 2.25 acres; generally located along
the. south side of the eleventh link and the north side of the twelfth link of
RiverLakes Ranch Golf Course. (Exempt from CEQA).
RECOMMENDATION: Approve
R°ll call vote ' .
Zone Change File No. P00-0983 - Coleman Homes has proposed a change in
zoning from OS (OPen Space) to R-1 (One Family Dwelling) on 2.25 acres;
generally Iocat~ed along the south side of the eleventh link and the north side of
the twelfth link of Ri~verLakes Ranch Golf Course. (Exempt from CEQA)
RECOMMENDATION:
Approve
Roll call vote
Agenda, PC, Thursday -March 15, 2001
Page 6
(Ward 4)
9.3)
General Plan Amendment No. P01-0014 - Castle & Cooke, CA Inc. has
proposed to amendthe land use designation from OS-P (Open Space-Parks) to
LR (Low Density Residential) on 4.2 acres and from HMR (High Medium Density
Residential) to os-p (Open Space-Parks) on 2.38 acres; located within the
Seven Oaks West.development area. (Negative,Declaration on file)
RECOMMENDATION: Approve
Roll call vote
GENERAL PLAN CONSISTENCY FINDINGS
(Ward 4)
(Ward 4)
(ward
(Ward 2)
10.1)
10.2)
10.3)
10.4)
General Plan ConsistencyFinding for the acquisition of a 4.87 acre site, by the
City of Bakersfield fOr a "joint use facility." Uses are for a fire station, police
substation, community room and a park; located along the southwest corner of.
Buena Vista Road and the Kern River Canal. (Exempt from CEQA)
RECOMMENDATION: Make Finding
Group Vote
General Plan Consistency Finding for the acquisition of a 10-acre site, by the
Beardsley School District, for a elementary school located along the east side of'
the Victor Street and Moraga Court intersection. (Exempt from CEO. A)
RECOMMENDATION: Make Finding
Group Vote
General Plan Consistency Finding for the acquisition of a parcel, by the City of
BakerSfield, Iocated~ along the south side of Alfred Harrell Highway
approximately 2,650 feet west of Fairfax Road. (Exempt from CEQA)
RECOMMENDATION: Make Finding
Group Vote
General Plan Consistency Finding for the acquisition of the northwest corner of
14th Street and "Q" Street, by the City of Bakersfield, located at the northwest
corner of 14th Street and "Q" Street. (Exempt from CEQA)
RECOMMENDATION:
Make Finding
G ro u p Vote.
Agenda, PC; Thursday. March 15, 2001
'Page 7
lO.S)
-(Wards 1 & 2)
General Plan Consistency Finding for the acquisition of "The City Center"-
project area located south of the Bakersfield Convention Center/Centennial
Garden and the Amtrak station; southern boundary is 10th Street, 11th Street and
California Avenue. 'The east boundary is Union Avenue and the western
boundary is "M" Street. (Exempt from CEQA) '
RECOMMENDATION: Make Finding
Group Vote
11.
COMMUNICATIONS
A) Written
B) Verbal
12.
COMMISSION COMMENTS
A) Commi~ees
13. DiscussION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE '
NEXT PRE-MEETING.
14. ADJOURNMENT
March 12 2001
STANLEY GRADY, Secretary
Planning Director
Held
Thursday, March 15, 2001
5:30 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
ADVISORY MEMBERS:
Present:
CARL HERNANDEZ, Assistant City Attorney
DENNIS FIDLER, Building Director
MARIAN SHAW, Engineer IV
Staff:
Present:
STANLEY GRADY, Planning Director
JAMES MOVIUS, Principal Planner
JENNIE ENG, Associate Planner
PAM TOWNSEND, Recording Secretary
PUBLIC STATEMENTS
Chairman Dhanens read theNotice of the Right to Appeal
Commissioner Kemper confirmed she has reviewed the tape from Monday's pre-
meeting.
Minutes, PC, Thursday, March 15, 2001
Page 2
(Ward 7 )
CONSENT AGENDA ITEMS
3.1) Agenda Item 4) - ApProval of. Planning Commission minutes for January 29,
February 1 and 15, 2001, meetings.
3.2) Agenda Item 6) - Tentative Parcel Map 10763 cont. until April 5, 2001.
3~3) Agenda Item 10.1) -.Consistency finding for the acquisition of a 4.87 acre site by
the City of Bakersfield for a "joint use facility,"
3.4) Agenda Item 10.3) - Consistency finding for the acquisition of a parcel, by the City
of Bakersfield, along Alfred Harrell Highway.
3.5) Agenda Item 10.4) - Consistency finding for the acquisition of a parcel, by the City
of Bakersfield, at the NW corner of 14th & "Q" Street.
Commissioner Brady stated that Agenda item 5 is a continuance and not the approval
of that item.
Commissioner Sprague stated that he would like to take consent agenda items 10.1
and.10.3 out and put on the regular agenda for discussion.
Commissioner Brady moved to approve the consent agenda items as amended.
Motion seconded by Commissioner Tkac.
Motion carried.
PUBLIC HEARINGS - Tentative Tract Maps
6.1)
Vesting Tentative Tract 6044 (Berkshire Country Estates, LLC)
Containing 39 buitdable lots and one non-buildable lot on 8.78 net acres for
single family residential purposes, zoned R-1 (One Family Dwelling); located~
south of Berkshire Road and east of South "H" Street. (Negative Declaration on
file)
Ms. Shaw stated there are a couple of minor changes to the conditions which are outlined
in the memo as follows: 1)the emergency access paved width has been changed to.20
feet frOm 32 feet with the approval of the Fire Department; 2) Trail Crest Street is allowed
to be constructed as a boundary street rather than a full width street in accordance with
the Municipal Code; 3) a section d is added to condition 8, with regards to eminent domain
proceedings should it be necessary to obtain right-of-way from adjacent property owner.
Public portion of {he hearing opened for those in opposition to Staff's recommendation.
Public portion of the hearing opened for those in support to Staff's recommendation.
Randy Berquist with Porter Robertson Engineering stated they have reviewed the
conditions on the map and they are in agreement with' the exception of item number 3 in
the letter dated March 141 2001. He would like to amend as follows: 1) re: sentence
MinUtes, PC, ThurSday, March 15, 2001'
Page 3
number 2 --'"minimum improvement Shall be 2" asphalt paving over compacted native soil."
He would like to add "or as approved by fire department." A portion of this road to
-Snowburg goes through a tract that has already been approved and bonded for and wants
to be able to look at the road situation in six months and re-evaluate it and work out the
.details of what the road will look like with the fire department. 2) last Sentence - "because
this will be utilized to provided city services, submit a temporary access easement and.a
maintenance bond in the form and amount to be approved by the City Engineer." Would
like clarification on whether it's a new policy to have maintenance bond 'on a temporary
access easement.
Public portion of the hearing is closed.
Hearing opened for CommiSsiOner comments.
Commissioner Sprague expressed concern on the secondary access issue into the tract,
and inquired of the Fire Marshall that if in lieu of the 2" paving could they use a
decompo, sed granite over a~ compacted surface on a temporary basis to get into the tract?
The Fire Marshall responded yes that he does not see a problem with this as a temporary
basis.
Commissioner Sprague prOposed this as being an alternative since it is going to be
temporary and be removedi :
Chair Dhanens inquired of Ms. ShaW's response to Mr. Burquist's inquiry regarding the
maintenance bond for the temporary improvements, to which Ms. Shaw responded that
the maintenance bond is .included on the assumption that the City is going to be
maintaining the temporary, access. Since it is an extraordinarily temporary access
easement, she has no objection to taking the bond requirement out.
Ms. Shaw stated that she Would prefer Mr. Burquist's suggested language regarding the
decomposed granite approval by the Fire Department, and thereafter approval by the
Planning:Department. -
Motion by Commissioner Brady to approve vesting tentative tract 6044 with findings and
conditions set forth in the attached resolution Exhibit "A" as modified by the memorandum
from Marion Shaw to the Planning Commission dated March 14, 2001, with the following
changes to the second sentence in condition number three, add after the word "soil", "or
as apprOved by the Fire Marshall", --- and to eliminate -- and the last sentence of condition
number three, "and a maintenance bond in a form and amount to be approved by the City
Engineer." The sentence would end with the word "easement".
Seconded by.Commissioner Sprague.
Group Vote: MOtion Carried:
Minutes, PC,
ThurSday, March t.5, 2001
Page 4
(Ward 3)
6.2)
Tentative Tract 6000 "Optional Design" (Porter-Robertson)
Containing 311 buildable lots, five landscape lots, three open space lots, one
sump lot and one water well lot on 219.92 acres for single family residential
purposes, zoned R-.1 (One Family Dwelling) and R-1 HD (One Family Dwelling-
Hill:Side Development Combining); located on the northea, st corner of Alfred
Harrell Highway and Highway 178. The optional design applies to non-radial,
non-perpendicular lot lines, double frontage lots, private streets, reverse corner
lots, centerline radius less than 500 feet, and block lengths in excess of 1,000
feet. The applicant proposes to obtain waiver of surface entry or signatures
from all parties prior to the final map being recorded. In addition, the location
and use of a Class III Bike Route through the subdivision will also be considered
at the hearing. (Negative Declaration on file)
Commissioner Sprague declared a conflict of interest.
Staff stated that thelmemorandum from Ms. Shaw provides revisions to conditions
of approval, and there is a letter from the applicant requesting a continuance to the
meeting of April 5th.
Re: the school district issue they did receive comments back from them indicating
that they are not re(;luesting a school site in this location. Compton Jr. High and
Cesar-Chavez SchOol would serve this subdivision.
Public portion of :the hearing opened for those in opposition to Staff's
recommendation. ~
Public portion of the hearing opened for those in support of Staff's
recommendation.
Harold Robertson with Porter Robertson Engineering and Surveying stated they
are.requesting a continuance of this matter to allow additional time to work out
conditions. ~
Public portion of the hearing is kept opened, and is also opened for
Commissioner comments.
Commissioner Brady moved to continue this item to the meeting of April 5,
2001.
Seconded by Commissioner Tkac.
Group Vote: Motion carried.
Minutes, PC, Thursday, March 15, 2001 Page 5
-. 6..3)
(Ward'4')
Revised vesting Tentative Tract 5940 (Phased) (Mclntosh & Associates)
Containing 178'lots'on 78.9 acres for single family residential pul'poses and
Creation of a schoolisite, 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) (Continued from February 15,
2001)
Staff stated that regarding the dash on the map, it represents a dirt road that
would be graded over with the development of the subdivision. Regarding the
school's agreement:to relocate the school site, they did receive a letter from the
Sch0ol-indicating their agreement to relocate the school from the western part of
the subdivision to the eastern part of the subdivision.
Ms. Shaw'added an item to the memorandum: a change to condition 13:
Change to zone change P00-0235 since it is no longer a concurrent zone
change:'
Public portion of the hearing opened for those in opposition of Staff's'
recommendation.
Public portion of the hearing opened for those' in support of Staff's
recommendation.
Roger Mclntosh with Mclntosh & Associates, representing Castle & Cooke
California, as well-as Panama-Buena Vista School District, stated that they
concur with the memorandum from Public Works dated March 15, 2001, which
addresses condition number 4, and that is consistent with the underlying zone
change. They concur with the revision to condition 13 to tie that condition to the
original zone change P00-0235, and they request that the language in condition
number 27, under Planning Department, be revised to strike the last sentence
there that reads: "measurement taken from easement boundary". The original
zone Change actually held that set-back from the pipe line and not from the
easement boundary. This language is not consistent with the general plan, nor
the original zone change P00-0235. They also request consideration on a
revision to condition number 1 for the purpose is to make the school site
'useable to the school-district. The condition states: "Jamis0n Street serves no
public-'function to designate it as a private street with a lot number.or letter."
Along with that condition is a related condition 9.1, under Public Works, which'
talks about a deviation from ordinance prohibiting double frontage lots on local
streets.
Public portion of the hearing is closed.
Minutes, PC,
ThursdaY, March 15, 2001
Page 6
Commissioner Sprague stated that there is still the problem of the cul-de-sac
with traffic problems. There is no through traffic, and there is no easy in and
easy out for the students and parents, and it's a traffic mess, as well as a.health
safety welfare issue. He cannot support the subdivision map the way it is, and
cannot support the zone change. Commissioner Sprague inquired of Mr.
Mclntosh why the school is not useable where it is now.
Mr.- Mclntosh responded that there is a problem with the location of the school in
proximity to the high pressure gas line.
Commissioner: Sprague expressed concern over the one drive going into a 'cul-
de-sac with private security gates, so parents coming in to piCk their kids up
.come down one street, have to turn around right at a security gate and make a
u-turn to go back out, and it still complicates the traffic problem. Commissioner
Sprague states that! the school ~s in a worse position to be all the way.back
against Buena Vista and the canal.
Mr. Mclntosh'responded that they get the buses and drop off traffic off the
streets, so the parents and the buses will come down to the end, have a drive
opening, come on to the school site, with a bus loop so it will alleviate the
problem of traffic having to go down and making a u-turn. The schools have
been doing-this-type of design for 20+ years.
Commissioner Spra;gue inquired of the possibility of using a porti'on of Buena
Vista Canal against Old River Road to gain access on that side to loosen up the
traffic congestion to, which Mr. Mclntosh responded that there would be
requirements and.set-back requirements from the intersection, the speed limits
are 55 instead of 45, there's a median in that arterial as opposed to no median
on a-collector lights may need to be installed at that location, the'Kern Delta ·
Water DistriCt does ,not allow undergrounding of canals unless there is an off-set
to the District to allow for ground water percolation.
Commissionei' Sprague inquired of Ms. Shaw if it is a possibility with
deceleration lanes to cover the canal and put the street in to access the school,
to which Ms:- Shaw responded that they would have to look at the proposal, and
that covering a canal, or providing a culvert crossing is ~'ather expensive.
Commissioner Sprague inquired if Mr. MclntoSh would cOnsider reconfiguring
the subdivision around the school by locating it in between the two site
suggested, to which Mr. Mclntosh responded in the negative that it was not an
option because they are asking for approval of this map, and could not commit
the school district tO any modifications.
Commissioner Sprague stated that the APN was 394-010-39 and 64. 39
appears onthe plat sheet, but 64 is non-existent with the Assessor, to which Mr.
Minutes,-PC,:
Thursday, March 115, 2001
Page 7
Mclntosh responded he did not prepare tl~e document and does not knoW what
64 is. :Mr. Mclntosh responded that it may be a typo and should probably read
33 and 39.
. Commissioner Brady.stated that the site appears to be similar to Bill Williams
School. He believes that with the side street he can support the project
because 'there Will be sufficient access. Commissioner Brady inquired if the
homes that are going to back up against the side street will have a block wall to
which Mr.' Mclntosh iresponded that the lots along the west side of Jamison will
have a block wall.
Msl Shaw stated that she does not want Jamison as a public street because
that.street would only serve the school and not anybody else and the City does
not want .to have. to maintainit as a public street.
Commissioner KemPer stated that she is in support of the project as it has been
presented..It'is not in their jurisdiction-to figure out traffic flow into and out'of the
school site,-but for the school district to take care of that. She stated that she.
can goeither way on the street being public or private.
.Mr.- Mclntosh clarified that there is a letter from the school.district'addressing the
issue of the street being private or public and why the school district needs the
street to be a public.street. For safety and convenience issues the school
district is adamant that they need it as a public road.
Commissioner McGinnis Stated that it does not make much sense to have the
publicaccessing a pubic school over a private street. He would support the
projectWith that idea in mind.
Ms. Shaw commented that if they are going to recommend a public street that it
must be designed appropriatelyto accommodate for school buses.
Mr. Mclntosh stated,.that in the local street standards there are prOvisions for the
design of roads for school buses, and they would agree with the amendment
request by Ms. Shaw.
Commissioner Kemper moved to approve revised vesting Tentative Tract Map
5940 with findings and conditions set forth in the attached ResolutiOn, Exhibit
"A", including the verbiage by Ms. Shaw above, revising condition one as
previously stated. On condition 27 revise to strike the last sentence-
"(measurement taken from easement boundary)" and leave the word
"concurrent" on number 13 and change the zone change P00-0235:
Seconded by Commissioner McGinnis. -
Group Vote: Motioncarried.
Minutes, PC,
Thursday, March i5, 2001
Page 8
7. 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 south'east corner of Campus Park Drive, and Mountain Vista
Drive. (Neg ative'Declaration on file) (Continued from February 15, 2001)
twa'rd 4 )
No additional .staff comments,
Public portion.of the hearing opened for those in opposition to Staff's recommendation.
Public portion of [he heating opehed for those in support of Staff's recommendation.
Mr. Mclntosh stated that with the approved tentative map, the zoning needs to be .
conSistent With the tentative map. He is in agreement with the condition of approval,
exceptit would be appropriate to make la read the same asthe prior condition 13 that
has to do with the.formation of the Tevis Park Planned PDA and in the tract map
condition'13 read "prior to recordation of first final map plan and drainage area shall be
formed in accordance with the requirements of P00-0235 zone change. They would
like to have it consistent since it is all part of the same PDA.
am
Public portion'Of:the hearing is closed.
Hearing opened for Commissioner comments.
Commissioner Kemper moved to approve and adopt a Negative Declaration and to
approve zone-change P01~'0007 with findings and conditions set forth in the attached
ResolUtion, Exhibit "A", and recommend same for City Council,'with the consistent
changes as noted on the prior approval.
Seconded by.Corem ss oner McGinnis.
'Roll Call Vote:
MATHEW BRADY Aye
MARTI MUNIS-KEMPER Aye
TOM MCGINNIS Aye
RON SPRAGUE Aye
JEFFREY TKAC Aye
MICHAEL DHANENS Aye
Motion carried.
PUBLIC HEARING - ORDINANCE AMENDMENTS - Bakersfield Municipal Code (City
of Bakersfield'
Minutes, PC,
Thursday~ March 15, 2001
Page 9'
Pro amendments to Bakersfield Municipal Code Title ~15 (Buildings and
Construction)' and Title. 16 (Subdivisions) regarding requirements for design and
processing of Subdivisionswithin the City of Bakersfield. Proposed amendments are
the resull of recommendatibns from a Development Sti'eamlining Task Force Final
Report. (Exempt from CEQA)
(Ail Wards)
Staff commented that the Code sections identified re present thelrecommendation of the
Planning Commission.
Public portion of the hearing opened for comments.
The public portion of the headng was_ closed.
Hearing. is opened for commissioner comments.
Commissioner Brady inquired what the justification was to give 36 months instead of 24
.months;' to which Staff responded that is provided for in the Subdivision Map Act. Staff
was catching up with regulations that are allowed in the Subdivision MaPAct. The
County currently provides that as an option for tract maps approved, and there was a
Uest that' the City make it the same as the County._.
Commissioner Brady moveld to aPprove and adopt the proposed amendments to Title
15 and 16 .with findings as Set forth in the attached Resolution, Exhibit'"A", and
recommend same to the City Council.
'Seconded by Commissioner Tkac.
Roll Call Vote:
MATHEW BRADY Aye
MARTI MUNIS-KEMPER Aye
TOM .~ Aye
RON SPRAGUE Aye
JEFFREY TKAC Aye
MI( ,EL-DHANENS Aye
Motion carried.
9. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS,
AND ORDINANCE AMENDMENTS:
Chair Dhanens declared a Conflict of interest on items 9.1 and 9.2 and ali the related
-subcom
Minutes, PC, Thursday, March 15, 2001
Page 10
Chair Dhanens appointed Commissioner Brady to be the acting Chairman for those two-
items and turn the meetingi over to him.
9~1.a)- General Plan Amendment File No. P00-0982 - Pinnacle Engineering has
proposed to change the land use designation from OS-P (Open Space-Parks)
to SIR (Suburban.iResidential) on two acres; generally located along the north
' side of the eleventh link, the south side of the twelfth link and along the north
side of the thirteenth link of the River Lakes Ranch Golf Course. (Exempt from
CEQA)
(Ward 4)
(Ward 4)
(Ward
9.1'.b)
RiverLakes Specific Plan Amendment File No. P00-0982 - Pinnacle
Engineering has proposed to change the Specific plan amendment from OS-P
(Open Space'ParkS) to SIR (Suburban Residential) on two acres;.generally
' located along the north Side of the eleventh link, the south side of the twelfth
._ link and along the north side of the thirteenth link of the IRiverLakes Ranch Golf
Course. (Exempt from CEQA)
'9.1.c) Zone:Change File No. P00-0982 - Pinnacle Engineering has proposed a
change in zoning from OS (Open Space) to IR-1 (One Family Dwelling) on two
acres; .generally located along the north side of the eleventh' link, the south side
of the twelfthJink and along the-north side of the thirteenth link of the
RiverLakes'Ranch Golf Course. (Exempt from CEQA)
Staff has no additional information to add.
Public portion of the hearing is opened for those in opposition to approval of the
applications. '
Public portion of the hearing is opened for those in support of approval of the
applications. '
Public portion of the hearing is closed.
Hearing opened fo_r Commissioner comments.
MOTION REi 9.1a:
Commissioner Sprague moved to adopt IResolution making findings approving the
notice of exemption and a~proving the requested General Plan Amendment to change
the land use designation from OS-P (Open Space and Recreational Facilities) to SIR
(Suburban Residential) as shOwn on Exhibit "B" and recommend the same to City
Council.
Seconded'bY Commissioner Tkac:
-Minutes, PC, Thursday, .March 15, 2001
Page.11
Roil Call Vote:
MATHEW BRADY
MARTI MUNIS,KEMPER
TOM MCGINNIS
RON' SPRAGUE
JEFFREY' TKAC
Aye
Aye
Aye
Aye
Aye
Motion carried.
MOTION RE: 9.1bi
Commissioner sprague moved to adopt Resolution making findings approving the
notice of exemption and approving the requested Specific Plan Amendment to change
the land use designation from .OS-P (Open Space and Recreational Faci.lities) to'SR
(Suburban Residential) as shown on Exhibit "B", and recommend the same to City
Council.
Seconded by Commissioner Tkac:
Roll Call Vote~.
MATHEW BRADY Aye
MARTI MUNIS-KEMPER Aye
TOM MCGINNIS Aye
RON SPRAGUE Aye
JEFFREY TKAC Aye
· Motion carried.
MOTION RE: 9.'1c:
Commissioner-Sprague moved to adopt Resolution making findings approving the
.notice of exemption and approv ng the zone change from OS-P (Open Space and
Recreational Facilities) to R-1 (one family dwelling) as shown on Exhibit "B" and
recommend the same to City Council.
Seconded by Commissioner Tkac.
Roll Call Vote:
MATHEW BRADY
MARTI MUNIS-KEMPER
TOM MCGINNIS
Aye
Aye
Aye
- Minutes, PC, Thursday, March 15, 2001
Page 12
(Ward 4)
(Ward 4)
(Ward 4)
EON SPRAGUE
JEFFREY TKAC
Motion Carried'.
AYe
Aye
9.2.a) General Plan Amendment
File No. P00-0983 - Coleman Homes has
9;2. b)
9.2.c)
proposed to change the land use designation from OS-P (Open Space-Parks)
to LR ~('Low Density Residential) on 2.25 acres; generally'located along the
south side of the eleventh link and the north side of the twelfth link of
RiverLakes Ranch Golf Course. (Exempt from CEQA)
RiverLakes SpecifiC Plan Amendment File No. P00-0983 - Coleman Homes
has proposed to change the specific plan amendment from OS-P (Open Space-
Parks) to LR (Low Density Residential) on 2.25 acres; generally located along
the south side of the eleventh link and the north side of the twelfth link of
RiverLakes Ranch ,Golf Course. (Exempt from CEQA)
· Zone Change File No. P00-0983 - Coleman Homes has proposed a change in
zoning from OS (Open Space) to R-1 (One Family Dwelling) on 2.25 acres;
generally located along the south side of the eleventh link and the north side of
the twelfth link of RiverLakes Ranch Golf Course. (Exempt from .CEQA)
Staff stated that this is very similar to the previous case.
Public portion of the hearing is_opened for those in opposition to approval of the
aPplications. ·
Public portion of the hearing is opened for those in support of approval of the
applications.
Harold Robertson, representing Coleman Homes statedthat they concur with
the Staff .report.
public portion of the hearing is closed.
Hearing opened for'Commissioner comments.
In response to Commissioner McGinnis inquiry, Mr. Robertson clarified that the
pieces that the gulf course no longer wants range from 5' in depth to 45' in
depth. Coleman Homes will just be extending lot lines and adding depth to the _
end of the lots and will be part of an existing parcel.
Commissioner Tkac moved to adopt a Resolution making findings approving the
notice of exemption, and approving the requested General Plan Amendment to '
change the land use designation from OS-P (Open Space and Recreational
Facilities)..to LR (Low Density Residential) as shown on Exhibit "A" and
recommend same to City Council.
Seconded by COmmissioner Sprague.
Minutes, PC, Thursday, March. 15, 2001
Page13
MOTION RE: 9.2a:
ROll Call Vote:
MATHEW BRADY
MARTI MUNIS-KEMPER
T. OM MCGINNIS
RON SPRAGUE
JEFFREY TKAC
Motion carried: -
Aye
Aye
.Aye
Aye'
Aye
'MOTION RE:~ 9.2b:
Commissioner Tkac moved to adopt a Resolution making findings approving the notice
of exemption and approving the requested Specific Plan 'Amendment to change the
land use designation from OS-P (Open Space and Recreational Facilities) to LR (Low
Density Residential) as Shown on Exhibit "A", and recommend the same to City Council.
Seconded by CommissiOner Sprague.
Roll Call Vote:
MATHEW BRADY
MARTI MUNIS-KEMPER
TOM MCGINNIS
RON SPRAGUE
JEFFREY TKAC -
Motion carried.
Aye
Aye
. Aye
Aye
Aye
MOTION RE: 9.2c:
Commissioner Tkac moved to adopt a Resolution making findings approving the notice
of exemption and approving the zone change from OS (Open Space) to. R-1 (one family
dwelling) as shown on Exhibit "A" and recommend the same to City Council.
Seconded by CommisSioner Tkac. _
Roll Call Vote:
MATHEW BRADY Aye
MARTI MUNIS-KEMPER Aye
Minutes, PC,
Thursday, March 15, 2001
Page 14
(Ward 4)
TOM MCGINNIS
RON SPRAGUE
JEFFREY TKAC'
Aye
Aye
Aye
Motion carried.
9.3) General Plan Amendment No, P01-0014 - Castle& Cooke,..CA Inc. has '
proposed to amend, the land use designation from OS-P (Open Space-Parks) to~
LR (Low Density Residential) on 4.2 acres and from HMR (Higl~ Medium Density
Residential) to OS-P (Open Space-Parks) on 2.38 acres; located within the
Seven Oaks West development area. (Negative Declaration on file)
Staff referred to memorandum dated March 8, 2001 where the school district is
modifying.the school fees for this particular project; and they would need to
have tliat condition added to any motion made on this project.
Public portion of the hearing is oPened for those in opposition to approval of the
applications.
Public portion of the hearing is opened for those in support of approval of the
· applicationsl
Roger Mclntosh representing Castle & Cooke California, Inc. stated they have
read the Staff report and would request one change: the date of March 15, 2000
should bechanged to 2001.' This proposal is to facilitate and accommodate the
City's construction of a joint police and fire facility located at the northerly park
location.
Public portion of the hearing is closed.
'Hearing opened for~Commissioner comments.
Commissioner Brady 'moved-to adopt a Resolution making findings as set forth
in the 'Staff Report approving the Negative Declaration and approving the
requeSted-General Plan Amendment to amend the land use element from OS-P
to LR on 4.2 acres located north of White Lane, east of Allen Road, and from
LMR tO OS-P on 2.38 acres located along the west side of Buena Vista Road,
approximately 1500;feet north of Ming Avenue as delineated in Exhibit A and
recommend the same to City Council incorporating the changes from the March.
8,. 2000 to 2001, and the memorandum from the school district.
Seconded by Kemper.
Roll Call Vote:
Minutes, PC, Thursda, March 15, 2001
Page 15
10.
(Ward 4)
(Ward 4)
MATHEW Aye
MARTI-MUNIS,KEMPER Aye
TQM MCGINNIS Aye..
RONSPRAGUE Aye
JEFFREY TKAC Aye
' Motion carried.
GENERAL PLAN CONSISTENCY FINDINGS
lo.1)
· General Plan Consistency Finding for the acquisition of a 4.87 acre'site, by the
City of_Bakersfield for a "joint use facility." Uses are for a fire station, police
substation, community room and a park; located along the southwest corner of
Buena.Vista Road and the Kern River Canal. (Exempt from CEQA)
Staff commented that there is no additional information.
Comr stated that he thinks the idea is good and supports this.
oner Sprague stated that he is support of the fire station.
ue-moved to make a finding pursuant to Government Code
65402 that the proposed acquisition on the 4.87 acre site for a joint use facility
with.the Metro politan Bakersfield 2010 General. Plan.
Grou Motion, carried.
10.2)
General Plan Consistency Finding for the acquisition of a 10-acre site, by the
Beardsley School District, for a elementary school located along the east side of
the Victor Street and Moraga Court intersection.. (Exempt from CEQA)
Staff hasno additional information. The plan calls for school sites to-be located
and this site is located within a residential community:
It do'es not sPecify the size of the site, the number of streets around the school.
As proposed, it would be consistent with theGeneral Plan and Staff
recommending a 65402 finding.
.... Brady inquired of land between the school site and Victor Street
~so that the school would not be on the corner, to which Staff clarified that Victor"
Street would run along the west side of the school site and there would be'a
street.that would go along the southern part of the school site in an easterly
manner. 'The school will actually be on the corner.
Brady would support.
Minutes, PC,
Thursday, March 15, 2001
Page.16
(Ward 3)
(Ward 2)
10.3)
'10.4)
CommiSsiOner Sprague stated that he finds it. inconsistent with the General Plan
where there is residential.around the north, west and south side and then a
general commercial shopping center on the east edge along a major street
(Knudsen Drive) He is concerned about the health, safety and welfare of the
students at this site~ Based on the need for schools in this area he would
support the consistency finding as recommended by the Planning Department.
Commissioner Brady moved to adopt a Resolution making findings pursuant to
Government COde Section 65402 that the proposed acquisition of a parcel in
the amount of 10 acres is consistent with the Metropolitan Bakersfield 2010
General'Plan.
Seconded by .Commissioner Tkac.
Group Vote: Motion Carried.
General Plan Con_sistency Finding for the acquisition of a parcel, by the City of
Bakersfield, located along the soUth side of Alfred Harrell Highway
approximately 2,650 feet west of Fairfax Road. (Exempt from CEQA)
.Staff stated .there was no new information to add.
Commissioner Sprague inquired if it.could be made into a park to whiCh Staff
-responded that the problem With using a landfill' site, or property adjacent to a
landfill site, as a recreational amenity is that you'd have to leave it bare because
wateris not a goodineighbor. It is not compatible with the facility in that it
increases the breal~down of the material underneath the sOil, and increased
methane gas,-which is .one of the reasons they fence it off and do not plant turf
on top of' it.
Commissioner Sprague moved to adopt a Resolution making findings pursuant
to Government Code 65402 that the proposed acquisition of Parcel 15.43 acres
is consistent with-the Metropolitan Bakersfield 2010 General Plan.
Seconded by Cor~missioner Tkac.
Group Vote: Motion' Carried.
Ger~erallPlan Consistency Finding for the acquisition of the northwest corner of
14th Street and "Q;'~ Street, by the City of Bakersfield, located at the northwest
corner of 14t~' Street and "Q" Street. (Exempt from CEQA)
Staff stated that the Conditional Use Permit was approved.
Seconded by Commissioner Tkac.
Group'Vote:. Motion Carried.
~Minutes, PC, Thursday, March i5, 2001 Page 17
-lO.5)'
'Wards I & 2)'
General Plan ConSistency Finding for the acquisition of "The City Center"
project area located south of the Bakersfield'Convention Center/Centennial
Garden-and the Amtrak station; southern boundary is 10t' Street, 11th Street
and CalifOrnia Avenue. The east boundary is Union Avenue and the
western boundary is "M" Street.' (Exempt from CEQA)
Staff cl'arified that action provides for the ability to acquire property and find that
it is consistent with the General Plan. The General Plan does identify
· redevelopment as one of its tools for improving the downtown area and any
other areas that have been identified as blighted;
Staff is recommending that a finding be made.
CommissiOner BradY questioned what the status of the Conditional Use Permit
to which Staff responded that it was approved.
Inquired ifthe City Council took any action the previous night that would effect
the consistenCy finding to which Staff responded in the negative.
The Planning. CommissiOn has not studied this issue and has no other
infOrmation. The finding of consistency is not an endorsement or rejection of
the project.
Commissioner Sprague expressed his same concerns as commissioner Brady.
He is concerned with any eminent dOmain taking. Questioned Staff if in the
'2010 Plan there is a downtown element that relates to eminent domain taking of-
blighted property, such as this, or if there is a plan that has been approved in the
General Plan for such as this. Staff responded that this project .is in the
southeast redevelopment plan which allows California redevelopment law to
accomplish' the task of eliminating blight and improving and revitalizing property
within this area. Therefore, this consistency finding would be consistent with 'the.
General Plan.
Mr. Fiddler Stated that the only input he had was regarding handicap-issues.
COmmissioner Kemper moved to adopt a Resolution-making findings pursuant
to GOvernment .Code 65402 that. the acquisition of property within the City
Center ?r. oject Area, Exhibit "A", is consistent with the Metropolitan Bakersfield
2010 General Plan.
Seconded by Commissioner McGinnis.
Group Vote: MotiOn carried.
Minutes, PC, Thursday~ March 15, 2001 Page 18
11.
12.
13.
COMMUNICATIONS
Mr. Grady: stated'that Staff did provide a copy of the text of the comments that Mr.
Huey provided so if there are questionS about that process in the future it is 'available
for reference'.
COMMISSION COMMENTS
None.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE
NEXT PRE-MEETING.
Mr. Grady stated` that the next meeting was April 5, 2001, with four items; 2 parcel
maps', 1 tract map, and a'review.of the PCD for the water park, plus the continued
items from this meeting which would be the map at Alfred Harrell Hwy and 178, and the-
Parcel Map 10763.
C°mmissioner_ Brady moved to cancel the next pre-meeting.
Seconded by Commissioner Tkac.
.Group Vote: Motion Carried.
14. ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 7:09 p.m.
March 27,2001
Pam Townsend, Recording Secretary