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HomeMy WebLinkAbout04/30/01 AGENDA REGULAR PRE-MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Council Chamber, City Hall Monday, April 30, 2001 12:15 p.m. 1. ROLL CALL NOTE: ,~ Chairman STEPHEN BOYLE, Vice-Chairman MA THEW BRADY 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. Items listed on this agenda will be continued to 5:30 p.m. on the Thursday following the date listed on this agenda. ACKNOWLEDGMENT OF NEW MEMBERS AND APPOINTMENT OF CHAIRMAN AND vICE-CHAIRMAN 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 interested person adversely affected by thedecision of the Commission. No permit shall ibe 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. - Agenda, PC, Monday -April 30, 200;I Page 2 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within 'the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.. CONSENT AGENDA ITEMS - (marked by asterisk ) These items will be acted on as a group without individual Staff presentations if n° 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. 4.1) Agenda Item 5) - ApProval of Minutes for April 5, 2001 4.2) Agenda Item 6) - EOT for Revised Vesting Tentative Tract 5362 6. (Ward 7) APPROVAL OF MINUTES. Approval of minutes of the regular meeting held Thursday, April 5, 2001. PUBLIC HEARING - EXTENSION OF TIME for Revised Vesting Tentative Tract $362 (Porter-Robertson) COntaining 204 lots on 50.8 acres for single family residential pUrposes, zoned R-1 (One. Family Dwelling); located at the southeast corner of Hosking Road andVVible Road. (NegatiVe Declaration on File) RECOMMENDATION: Approve Group Vote. Agenda, PC, Monday -April 30, 2001 Page 3 (Ward 5) (Ward 4) PUBLIC HEARING -Tentative Parcel Map 7.1) Vesting Tentative Parcel Map 10554 (Delmarter and Deifel) Consisting of 3 parCels on 18.49 acres for purposes of commercial development, zoned C-2 (Regional Commercial); a request to waive certain improvements; and a request to waive signatures of mineral right owners in ~accordance with BMC Section 16.20.060 B.1 .; located on the northeast corner of Burr Street and Gibson Street. (Categorically Exempt) 7.2) RECOMMENDATION: Approve Group vote Vesting Tentative Parcel Map 10781 (Mclntosh & Associates) Consisting of 7 parCels on 12 acres for the purpose of commercial development; zoned C,2 (Regional Commercial) zone; located on the northwest corner of Ming Avenue (extended) and Buena Vista Road. (Negative Declaration on File) RECOMMENDATION: G rou P vOte Approve (Ward 3) PUBLIC HEARINGS - Tentative Tract Maps 8.1) Tentative Tract 5997 Phased "Optional Design" (Porter-Robertson) Containing 50-lots on 22.31 acres for single family residential purposes, zoned R-1 (One-Family Dwelling) and R-1 HD One-Family Dwelling - Hill side Development Combining). The optional design applies to double frontage lots, private streets, reverse corner lots, and block lengths in excess of 1,000 feet; located south easterly of Rio Bravo Golf course and south easterly of Casa Club Drive and Anacapa Drive. (Negative Declaration on File) RECOMMENDATION: Approve Group vote Agenda, PC, Monday- APril 30, 2001 Page 4 8.2) '(Ward4) Vesting Tentative Tract 6043 (Phased) (MclntOsh & Associates) Containing 204 lots!for single family residential purposes, lot for private recreation facility, 1'.lot for public facility purposes, 1 lot for the Kern River Canal, and 1 sump lot on 52.22 acres, zoned R-2 (Limited Multiple Family Dwelling); a request for alternate street improvements and lot design and size, and waiver of mineral right signatures pursuant to BMC 16.0.060 B.1.; generally located between Ming Avenue (extended) and the Kern River Canal, west of'Buena Vista Road. (Negative Declaration on File) RECOMMENDATION: Gr.oup vote Approve (Ward 4 ) (Ward 4) 8.3) 8.4) Vesting Tentative Tract 6045 (Mclntosh & Associates) A proposed subdivision containing 32 lots for single family residential purposes, and 1 ~lot for a well site on 13.4-7 acres, zoned R-1 (One Family Dwelling); a request to allow for iprivate streets; and waiver of mineral rights signatures pursuant to BMC 16.20.060 B.1.; generally located % mile west of Buena Vista Road, north of White Lane (extended), on the northwest corner of Chamber Blvd. (extended) and future Windermere Street. (Negative Declaration on file) '(continued from April 19, 2001) RECOMMENDATION: Approve Group vote Vesting Tentative Tract 6046 (Mclntosh & Associates) A proposed subdivision containing 48 lots on 20.83 acres for single family residential purposes, zone R-1 (One Family Dwelling); a request to allow maximum block length to exceed 1,000 feet, a reverse corner lot;and waiver of mineral rights signatures pursuant to BMC 16.20.060 B. 1 .; generally located % mile west of Buena Vista Road, north of White Lane (extended), On the southwest corner of Chamber Blvd. (extended) and future Windermere Street. (Negative Declaratio~ n on file) (continued from April 19, 2001) RECOMMENDATION: Group vote Approve Agenda, PC', MOnday -April 30, 2001- Page 5 PUBLIC HEARING - Amendment to the Text of the Zoning Ordinance (City of Bakersfield) regarding landscaping standards (Chapter 17.61).. The amendments include changes to standards for trees, shrubs and general landscaping for new developments, including inCreasing the shading requirement in parking lots from 30% to 40%. (Categorically Exempt) (Citywide) RECOMMENDATION: Approve Group Vote 10. PUBLIC HEARING - Amendment to the Text of the Zoning Ordinance (city of Bakersfield) regarding wall~height and front, side and rear yard setbacks for commercial/industrial developments; parking lot lighting standards; and drive-thru requirements. (Categorically Exempt) ' (Citywide ) RECOMMENDATION: Approve G ro u p Vote 11. COMMUNICATIONS A) Written B) Verbal 12. COMMISSION COMMENTS A) Commi~ees 13. ADJOURNMENT April 20, 2001 ~.~STANLEY GRADY, Secretary Planning Director Held- Monday, April 30, 2001 12:'15 ~p.m. City Council Chamber, City Hall 1501 Truxtun Avenue Bakersfield, California. RoLL CALL COMMISSIONERS: Present: STEPHEN BOYLE, Vice Chairman DAVID GAY TOM MCGINNIS RON SPRAGUE Absent: MATHEW BRADY JEFFREY TKAC STEPHEN WAGES ADVISORY MEMBERS: Present: -ANDREW THOMSON, Deputy Attorney DENNIS FIDLER, Building Director MARIAN SHAW, Engineer IV Staff: Present: STANLEY GRADY, Planning Director JAMES MOVIUS, Principal Planner JIM EGGERT, Principal Planner '.JENNIE ENG, Associate Planner LOUISE PALMER Associate Planner PATTI HOCK, Recording Secretary 2. ACKNOWLEDGMENT OF NEW MEMBERS AND APPOINTMENT OF CHAIRMAN AND VICE-CHAIRMAN Dean Gay was introduced as being a new member of the Planning Commission. Election of Chairman-and Vice Chairman will be held on Thursday. PUBLIC STATEMENTS None Minutes,* pC, April 30, 2001 Parle 2 Vice Chairman Boyle read the Notice. of the Right to Appeal CONSENT AGENDA ITEMS 4.1) Agenda Item 5) - Approval of Minutes for April 5, 2001 4.2) Agenda Item .6) - EOT for Revised Vesting Tentative Tract 5362 These items will be voted on Thursday, May 3, 2001. APPROVAL OF MINUTES Approval of minutes of the regular meeting held April 5, 2001. This item will be voted on Thursday night. PUBLIC HEARING- EXTENSION OF TIME for Revised Vesting Tentative Tract 5362 (Porter-Robertson).~. .Staff report given recommending approval with no change to the previously approved . conditions. Item will-be voted on the consent calendar on Thursday night. PUBLIC HEARING -Tentative Parcel Map 7.1) Vesting Tentative Parcel Map 10554 (Delmarter and Deifel) (Ward 5) Staff report given recommending approval subject to the conditions shown in Exhibit 1 attached to the staff report. Commissioner McGinnis aSked if this property was part of the city when it was used as a driving range and if it had a different owner at the time? The answer to both questions Mr. Grady said is "yes." commissioner Sprague asked that the location of the wells be placed on the map by Thursday night and if.the wells are not abandoned and are operational, could the Commission put a condition on the property that the owner be i'equired to block'fence and landscape the site in accordance with city code at the cost of the developer? Mr, Grady said "yes." There were no other Commission comments or questions. Item waS will be voted on Thursday, May 3, 2001. Minutes, PC, April-30, 2001 Page 3 7;2) Vesting Tentative Parcel Map 10781 (Mclntosh & Associates) (Ward4) Staff report given recommending approval with conditions attached to the staff report. Commissioner Sprague asked about condition 19 and asked what would happen if the residential owner wanted to keep his wood fence within the five foot easement and how do we approach that dispute and who Pays to. remove and dispose of the old fence? Also, Commissioner Sprague wanted to know if a disclosure should be in each of the residential buyers escrows or on the deed that says that on the development of the adjacent commercial property the developer would be~installing a block wall and removing the existing fence at the' cost Of the developer so that the home buyer knows the fence is coming out when he.buys the house? Mr. Grady said they would have an answer by Thursday. There were n° othei: Commission comments or questions. Item will be-voted on Thursday, May 3, 2001. 'PUBLIC HEARINGS - Tentative Tract Maps 8.1) Tentative:Tract 5997 Phased "Optional Design" (Porter-Robertson) (ward3) Staff report given recommending approval with conditions attached to the staff report except for the request of block lengths in excess of 1,000 feet. Commissioner McGinnis asked staff if the applicant has proposed an'alternate plan as far'as the1,300 foot long street goes? Mr. Grady said he didn't think so. Commissioner Sprague asked who would be installing Miramonte Drive to the point of the intersection with Via Napoli? Ms. Shaw said that the way the Fire Department's condition reads is that the developer would be responsible for making improvements to where Miramonte exists. Commissioner Sprague asked if they have to bring it up to standard code? Ms. Shaw said the condition is not that specific and she would try to find out by Thursday night. Commis. sioner Spragu.e said that it is his feeling that owners of any lots adjacent to drill sites should be provided notice that there is a possibility of a drill island - being established next to the lots when the property goes through escrow. There.were no other COmmission comments or questions. Item will be voted on Thursday, May 3, 2001. Minutes, PC, April 30, 2001 Page 4 8.2) Vesting Tentative Tract 6043 (Phased) (Mclntosh & Associates) (Ward4) staff report given recommending approval with conditions attached to the staff report and to include the memorandum from the Parks and Recreation ~Department-that the Commission received today. Commissioner Sprague asked Parks Department's staff if the applicant is in agreementwith the ~memo regarding paying in-lieu fees? Mr. Trone said that the applicant has not seen the memo. Commissioner Sprague said that the same condition regarding Condition 19 applies to this one and he would like some input on that. Commissioner Sprague asked whether or not the easement should be recorded on the deed and that the deed should explicitly set forth that pools and structures could not be built within theeasement or in accordance with the Planning 'Director's conditions as set forth on the parcel map and conditions 15.1 through 15.47 On condition number 26, Commissioner Sprague asked the Fire Department to Iocatethe crash' gate and tell them how the access would be protected in the event 'of commercial development adjacent to the project. Commissioner Sprague asked if staff could possibly work with the applicant to get another ~ngress/egress point at the west tip by the sump? Commissioner Gay asked if this is. a conventional subdivision with 25 foot setbacks with certain ones at 35 feet? Mr, Grady said that this is a gated community small lot, subdivision so they Would be able to have setback requirements that would be different than.your typical single family dwelling units so some of them may vary in depth. This is similar to the gated subdivision at White Oak and Old River. Mr. Grady asked Commissioner Sprague if the recorded covenant mentioned above be recorded On the deed of each lot? Commissioner Sprague said that just so theyhave proper disclosure that it exists that no structures or pools could be built within the easement and that they would have to be built in accordance with code. There were no other Commission comments or questions. Item will be voted on Thursday, May 3, 2001. 8.3) Vesting Tentative Tract 6045 (Mclntosh & Associates) (Ward 4 ) Staff reported that this item would be on the consent agenda for Thursday night requesting a continuance of this item to the next meeting. There=were no Commission comments or questions. Minutes, PC, April 30,~2001 Page5 = 8.4)' Vesting Tentative Tract 6046. (Mclntosh & Associates) (Ward Staff reported that this .item would be on the consent agenda for Thursday night requesting a continuance of this item to the. next meeting. There were no Commission comments or questions.. PUBLIC HEARING - Amendment to the Text of the Zoning Ordinance (City of Bake rsfield) . (Citywide) Staff is recommending approval of the ordinance with the adjustment stated in the memo from Stanley Grady dated April 24th. Commissioner McGinnis asked if the Urban Forrester would be there Thursday evening? Mr. Grady said "yes." Commissioner Sprague asked staff about 17.61.031 on Page 3 Item E if the statement saying "as measured from the property line" means curb line or "property. line" because many times whenyou sell property it goes from center of the street to center of the street on both sides.- Ms. Shaw said they could revise the language to read "as. measured'from the roadway easement." '~ Commissioner Sprague suggested that the Urban Forrester should include a master list of allowable trees that could be planted in parking lots and in Item H the wording should say "approval of Planning Director and Urban Forrester." Commissioner Sprague said that he would like some discussion on whether 10 or 15 Year canopy coverage would be sufficient. The Landscape Committee recommended 10 year and the ordinance reads 15.years. Also, CommissiOner Sprague wants to have' a discussion-on Thursday night regarding Item K. Commissioner Sprague asked if it would it be sufficient to strike the bottom portion of the sentence so that We have consistency in the ordinance. If we made it mandatory everything runs consistent with the ordinance because if you plant smaller, and then they develop the next month or two months, you are gonna have undersized landscaping adjacent to this development. So why not just put in it now arid have it consistent and its done, its over and done. Commissioner Sprague had a question about the requirement for hedges being a minimum of 3 feet in height. He wanted to make sure the plants are planted at three feet high and maintained at three feet so that headlights are blocked going into - residential neighborhoods. Mr. Grady said the plant material is intended to screen headlights. Commissioner Sprague asked if they are recommending that theY be planted at three feet in height? Mr. Grady said ':no." Minutes, PC, Apri!.30, 2001 Page 6 Commissioner Sprague asked for discussion on that on Thursday. Commissioner Sprague also had a suggestion on Item H. He said it says "shading will be required for all parking stalls''. He wants to change "will" to "shall" just to clarify and run in continuity with the rest of the ordinance. It is the only-spot that doesn't say "shall" and he thinks it's a little more' powering than will. Under 17.61.040 and 17.61.050 under condition Commissioner Sprague wants to add "and trees" where it says "all plant materials" just for'clarification anddefinition. The same would be under Item Number C. Commissioner Sprague asked how the ordinance would be enforced? He asked if we pass the ordinance, would there be an amendment to the ordinance at a later date that would enforce the ordinance?' Mr. Grady said that staff would spend some time discussing that and coming up with a recommendation and would then bring the proposal badk to the Commission. Mr. Grady made a suggestion that the Urban Forester's boss be placed in the ordinance has.his designee which is a standard language that we use. If there is an issuewhere there.is some conflict, you don't have one division head talking to another department head subordinate about how to solve that, that the two department heads Could get together and resolve it or tell their subordinates how to solve the problem. Commissioner Gay asked Mr. Grady if the original shading was 20%? Mr. Grady said the original shading in the ordinance prior to our meeting was 30%.. Commissioner Gay asked if it was 30% all along or is 40% the Urban Development Committee's recommendation? Mr. Grady said "yes." The Urban Development Committee split the difference and came up with.40%. Commissioner Gay' said he! has a concern lowering the 15 years to 10 years. He feels that since the canopy is going to be increased, the trees are going to have to have a longer timet0 get to that canopy. Commissioner Gay said he thinks it wOuld be difficult to find three feet hedges tostart out. Commissioner Gay asked if staff requires screening, physical block screening or wall screening such as at the Marketplace or was -that a voluntary-decision by Castle and Cooke? Mr. Grady Said that'was part of the settlement for the litigation with the Marketplace, 'There is no ordinance requirement currently for providing that type of screening for drive-throughs. Commissioner McGinnis said he thinks there needs to be a little bit of clarification in regard to the three foot hedge. If it's the intent of the ordinance to have the hedge be at three feet at maturity, how long is the maturity supposed to be there, as we apply it to the trees for example, or if its to be planted at three feet what are we gonna do with that? He asked if staff would let the Planning Commission know Thursday night. MinUtes, PC, April 30; 200.1 Page 7 10. Seeing no other Commissioner comments, this item was continued until Thursday evening. PUBLIC' HEARING - Amendment to the Text of the Zoning Ordinance (City of Bakersfield) (Citywid~ ) - Staff report given .recommending approval of the changes. There were nO COmmission comments. Item was continued until Thursday. 11, 12. -I 3. COMMUNICATIONS ' Mr. Grady stated that the Planning Commission needs to change its' June 18 and 21 meeting dates to June 25 and 28. Mr.' Grady stated that he needs to be here for the River Walk project and-he will be out of town on the 21st. COMMISSION COMMENTS None. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned'at 1 19 p.m. Pam Townsend, Recording Secretary June 6. 2001 ANLEY GRADY, Secretary Planning Director