HomeMy WebLinkAbout06/07/01 AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
Thursday, June 7, 2001
5:30 p.m.
1. ROLL CALL
STEPHEN BOYLE, Chairman
RON SPRAGUE, Vice-Chairman
MA THEW BRAD Y
DA VID GA Y
TOM MCGINNIS
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 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 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 if all appeals are withdrawn prior to the City Council hearing, it will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If no appeal is received within ;the specified time period or if all appeals filed are withdrawn, the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.
Agenda, PC; Thursday - JUne 7, 2001
Page 2
-3.
'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)
3.4)
Agenda Item 4) ' Approval of minutes for April 16and 19, 2001
Agenda Item 5.1) - EOT for Vesting TPM 10313 (Mclntosh & Assoc.)
Agenda Item 5.2)- EOT for Vesting TT 5944 (Delmarter & Deifel)
Agenda Item 7) -General Plan Consistency Finding for the vacation and relocation
of two right-turn lanes.
(Ward 4)
(Ward 6)
APPROVAL OF MINUTES'
ApProval of minutes of the regular meetings held April 16 and 19, 2001. ·
PUBLIC HEARINGS - EXTENSIONS OF TIME
5.1)
5.2)
Extension of Time for Vesting Tentative Parcel Map 10313 (Mclntosh &
Associates)
Containing two lots on 30.72 acres, zoned R-2 (Limited Multiple Family
Dwelling); located on the southwest corner of Ming Avenue and Gosford Road.
(Negative Declaration on file)
RECOMMENDATION:
Approve
GrOup Vote.
Extension of Time for Vesting Tentative Tract 5944 (Delmarter & Deifel)
Containing 178 lots.on 50.69 acres for single family residential purposes, zoned
R-1 (One Family DWelling); located on the southwest corner of Akers and McKee
Roads. (Negative Declaration on file)
RECOMMENDATION:
Approve
Group Vote.
Agenda, PC, Thursday - June 7, 2001
'Page 3
6. PUBLIC HEARINGS - Tentative Tract Maps
(Ward 4)
6.1)
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 13.47 acres, zoned R-1 (One Family Dwelling); a
request to allow for private 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 Declai'ation on file) '
(Continued from April 19, May 3 & 17, 2001)
RECOMMENDATION: Approve
Group vote
(Ward 4)
6.2)
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.I.; generally located %
mile west of Buena Vista Road, north of White Lane (extended)i on the
southwest corner of Chamber Blvd. (extended) and future Windermere street.
(Negative Declaration on file) (Continued from April 19, MaY3 & 17 2001)
RECOMMENDATION: Approve
Group vote
6.3)
(Ward 4) '
Vesting Tentative Tract 6048 (Pinnacle Engineering)
A proposed Vesting Tentative Tract map containing 37 lots on 13.65 acres for
single family residential purposed, zoned R-1 (One Family Dwelling); generally
located northwest of the terminus of RiverLakes Drive, between Norris Road and
Olive Drive, Calloway Road and RiverLakes Drive: The applicant intends to
obtain waivers of surface entry rights signatures from all parties ~rior to
recordation of the final map.' (Negative Declaration on file)
RECOMMENDATION:
Approve
Group vote
Agenda, PC, Thursday --June 7, 2001
Page 4
(Ward 4)
6.4)
Vesting Tentative Tract 6050 (Pinnacle Engineering)
A proposed Vesting Tentative Tract map containing 186 lots (184. buildable lots)
on 72.69 acres for single family residential purposed, zoned R-1 (One Family
Dwelling); generally located at the southwest corner of Norris Road and Coffee
Road: The applicant intends to obtain waivers of surface entry rights signatures
from all parties prior to recordation of the final map. (Negative Declaration on
file) .
RECOMMENDATION:
Approve
GroUp vote
(Ward 4)
7.
(Ward 4)
6.5)
Vesting TentativeTract 6057 (MClntosh and Associates)
A proposed vesting tentative tract map containing two phases: Phase A
containing 8 lots on 6.63 acres for multi-family residential purposes, zoned R-2
(Limited Multiple Family Dwelling) and Phase B containing 3 Iots~on 4.95 acres
for commercial development, zoned C-1 (Neighborhood Commercial); located at
the northeast corner of Jewetta Road and Brimhall Road. (Negative Declaration
on file)
RECOMMENDATION:
Approve
Group vote
GENERAL PLAN CONSISTENCY FINDING for the vacation and relocation of two right-
turn lanes (with adjoining access openings and public utility easements): on the north
side of Stockdale Highway, east of Calloway Drive. (Except from CEQA)
RECOMMENDATION:
Make Finding
Group Vote.
COMMUNICATIONS
A) Written
B) Verbal
COMMISSION COMMENTS
A) COmmittees
Agenda, PC, Thursday - June 7, 2001
Page 5
10. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE
NEXT PRE-MEETING.
11. ADJOURNMENT
May 23, 2001
Plann'mg Director v ~
Council Chambers, City Hall, 1501 Truxtun Avenue
ROLL CALL
Present:'
Absent:
Commissioners Boyle, Brady, Gay, McGinnis, Sprague, Tkac, Tragish
None
Advisory Members:
Staff:
Ginny Gennaro, Jack Leonard, Marian Shaw, Stanley Grady
Jim Movius, Pam Townsend
PUBLIC STATEMENTS
None
Chairman Boyle read the Notice of the Right to Appeal
CONSENT CALENDAR:
Minutes
3,1)
3.2)
April 16 and 19, 2001 :Planning Commission meetings - APproved - CC
Extensions of Time
Vesting Tentative Parcel Map 103.13 - Mclntosh & Associates
Containing two lots on 30.72 acres, zoned R-2; located on the southwest corner of Ming
Avenue and Gosford Road. (Ward 4) - Approved - CC
3.3)
Vesting Tentative Tract 5944 - Delmarter & Deifel
Containing 178 lots on 50.69 acres for single family residential purposes, zoned R-l;
located on the southwest corner of Akers and McKee Roads. - (Ward 6) Approved - CC
consistency Findings
3.4) Vacation and relocation of two right-turn lanes (with adjoining access openings and publi~c
utility easements) on the north side of Stockdale Highway, east of Calloway Drive. -
(Ward4) Made Finding - CC
Motion made by Commissioner Gay, seconded by COmmissioner McGinnis to approve the
Consent Calendar.
Minutes, PC, June 7, 2001
Page 2
APPROVAL OF MINUTES
Approved - CC
PUBLIC HEARINGS - EXTENSIONS OF TIME
Approved - CC
PUBLIC HEARINGS - Tentative Tract MaPs
6.1)
Vesting Tentative Tract 6045 - Mclntosh and Associates
A proposed subdivision containing 32 lots for single family residential purposes,
and 1 lot for a well site on 13.47 acres, zoned R-l; a request to allow for private streets;.
and waiver of mineral rig hts signatures 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)
(Contihued from April 19, May 3 & 17, 2001) (Ward 4)
Planning Director Grady said there was nothing to add from the previous staff
reports. Public hearing was opened. Roger Mclntosh spoke in opposition to
staff's recommendation. He requested this project be continued until June 28,
2001, not July 19. Public hearing was closed.
Motion made by Commissioner Sprague, seconded by Commissioner Tkac, to
continue Vesting Tentative Tract 6045 and 6046 to the June 28 meeting to be first
on the agenda.
MOTION to continue APPROVED
6.2)
Vesting Tentative Tract 6046 (Mclntosh & Associates)
A proposed subdivision containing 48 lots on 20.83 acres for single family residential
purposes, zone R-l; a request to allow maximum block length to exceed 1,000 feet, a
reverse corner lot; and waiver of mineral rights signatures; 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 Declaration on file)
(Continued from April 19, May 3 & 17 2001) (Ward 4)
See Agenda Item 6.1 (Project continued until June 28, 2001)
6.3)
Vesting Tentative Tract 6048 (Pinnacle Engineering)
A proposed Vesting Tentative Tract map containing 37 lots on 13.65 acres for single
family residential purposes, zoned R-l); generally located northwest of the terminus of
RiverLakes Drive, between Norris Road and Olive Drive, Calloway Road and RiverLakes
Drive. The applicant intends to obtain waivers of surface entry rights signatures from all
parties prior to recordation of the final map. (Negative Declaration on file) (Ward 4)
Planning Director Grady gave a staff report recommending approval. Public
portion of the hearing was opened. No one spoke in opposition. Matt Vovilla
speaking for Pinnacle Engineering stated they agree with most of the conditions
and memorandum from Public Works but oppose condition 3c which says the
Minutes, PC, June 7, 2001
Page 3
6.4)
westerly gate should be the Same as the easterly gate. They prefer a Fire
Department crash gate at that location. Tony Hogg spoke in favor of staff's
_recommendation. Public portion of the hearing was closed.
Marian Shaw stated that Public Works position has been to have a public access
gate at both the east and west end. The approved circulation plan for this section
of RiverLakes and the underlying parcel map shows this road as a collector. An
additional point of access for the residents is being cut off without the west access
gate. Ms. Shaw said if the Commission does allow the crash gate,~Public Works
would have some additional conditions.
Steve Walker, Traffic Engineer, stated that having a crash gate is in conflict with
the circulation plan that was approved.
At a request from Commissioner Tragish, Craig Carver (property owner) stated his
reasons for wanting~ a crash gate.
Commissioner BradY seated at 6:05 p.m.
Commissioner Boyle requested Ms. Shaw work up some conditions to add to the
project in case the crash gate was approved. Ms. Shaw stated that if this is made a
crash-gate, the street in Coleman's tract and east to this tract would need to be
vacated for the emergency access. Mr. Hogg said he is comfortable with that.
commissioner Sprague made a motion, seconded by commissioner Tkac, to
approve and adopt the negative declaration and to approve Vesting Tentative Tract
Map 6048 with findings and conditions set forth in the attached resolution
incorporating Exhibit A and the June 6 memorandum and adding that the gate on
the west end be constructed by the applicant as a crash gate.
MOTION CARRIED.
Commissioner Tkac left the meeting.
Vesting Tentative Tract 6050 (Pinnacle Engineering)
A proposed Vesting Tentative Tract map containing 186 lots (184 buildable lots) on 72.69
acres for single family residential purposed, zoned R-l; generally located at the southwest
corner of Norris Road and Coffee Road. The applicant intends to obtain waivers of
surface entry rights signatures from all parties prior to recordation of thefinal map.
(Negative Declaration on file) (Ward 4) ~
Staff report given recommending approval of the proposed single family
subdivision as conditioned in Exhibit 1. Public portion of the hearing was opened.
Don Judkins, the future developer of the project, discussed the memorandum that
Ms. Shaw had distributed earlier in the day. He asked that the Commission burden
the tract map with the completion to the boundary of the city property both on
Norris and Coffee.
Mr. Judkins also discussed the condition that requires him to improve Norris
Road. He has been unable to purchase the property that would allow him to do .
this. He feels that the condition should be removed as there is no guarantee that
he will be able to improve the road. Craig Carver also reiterated the problem and
Minutes, Pc, June 7, 2001
Page 4
Would like this condition removed. The condemnation is a burden as the property.
is in the county and there is no guarantee it will take place.
Mr. Judkins wants t° make sure that Condition No. 14 reads he has to pay "50%" of
the pro.rata share of the median fee on Coffee.
Mr. Carver also reqUested that the bus loading area not be on Norris Road but
inside the tract instead. Norris Road is an arterial and he feels the street is too
busy and would be happy to provide facilities for that inside of the tract.
.Wally McCormick, SUPerintendent of Norris SchoOl District, agrees=that Norris is
not a proper piCkup !point and said he is willing to work with ~the deVeloper to pick a
site for pickup.
Ms. Shaw stated she cannot modify the request nOt to improve Norris Road but
can modify the pro-rata share to say 50%. They are in support of some kind of bus
turnout.
After much discussion by the Commission, staff and applicant, the following
motion was made.
A motiOn Was made,by Commissioner Brady, seconded by Commissioner Sprague,
to continue this item until June 28, 2001 and be placed in front of the general plan
amendment hearings.
MOTION to continue APPROVED
6.5)
Vesting Tentative Tract 6057 (Mclntosh and Associates)
A proposed vesting tentative tract map containing two phases: Phase A containing 8 lots
on 6.63 acres for multi-family residential purposes, zoned R-2 and Phase B containing 3
lots on 4.95 acres for~commercial development, zoned C-1; located at the northeast
corner of Jewetta Road and Brimhall Road. (Negative Declaration on file) (Ward 4)
Staff recOmmended'a continuance at the request of the applicant.
Public portion of the hearing opened. Roger Mclntosh, representing the applicant,
spoke in favor of the continuance and requested a June 28 hearing date.
A motion was made by Commissioner Sprague, seconded by Commissioner Gay,
to continue this item until June 28, 2001 and be placed in front of the genera/plan
amendment hearings..
MOTION to continue APPROVED
GENERAL PLAN CONSISTENCY FINDING for the vacation and relocation of two right-turn lanes
(with adjoining access openings and public utility easements) on the north side of Stockdale
Highway, east of Calloway Drive. (Except from CEQA) (Ward 4)
APPROVED -'CC
Minutes, PC, June 7, 2001
Page5
COMMUNICATIONS
Stanley GradY, Planning Director, announced that he would be leaving the city in July and
Jim MOvius will be taking his place as Acting Planning Director. Also, Mr. Hernandez is
leaving and Ms. Virginia Gennaro will be taking his place.
10. '
COMMISSION COMMENTS
Commissioner Sprague welcomed Ms. Gennaro and complimented Mr. Grady about doing
a good job as Planning Director. Commissioner Brady welcomed Ms. Gennaro and
expressed his pleasure working with Mr. Grady and will be sorry to see him go.
Commissioner Gay, McGinnis and Boyle also wished Mr. Grady luck.
Commissioner Gay asked ii staff could make the Commission aware of any agreements
that have taken place with the applicant? Commissioner Boyle said that usually do but
recently a few have slipped between the cracks.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-
MEETING.
It was decided there would be a pre-meeting on June 25, 2001.
11.
July 19, 2001
ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 7:55 p.m.
Pam Townsend Recording Secretary
MES D. MovIUS, Secretary
Acting Planning Director