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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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the ,decision of the Planning Commission will stand.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- March 15, 2001 Page 2 .-If- no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the P!anning Commission shall become final.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