HomeMy WebLinkAbout07/19/01 AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
ThUrsday,~July 19, 2001
5:30 P.m.
1. ROLL CALL
STEPHEN BOYLE, Chairman
RON SPRAGUE, Vice-Chairman
MA THEW BRADY
DA VID GA Y
TOM MCGINNIS
JEFFREY TKAC
MURRAY TRAGISH
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
acce ptance 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 9330'1. 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 If all appeals are withdrawn prior to the City Council hearing, it will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If no appeal is received within ,the specified time period or if all appeals filed are withdrawn, the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 ~ July 19,~2001
Page 2
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) willbe 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) .
3.5)
3.6)
Agenda Item 4) - ApProval of minutes for April 30, May 3, 14 & 17
Agenda Item 5) - EOT for Vesting Tentative Tract 5947 (Porter Robertson)
Agenda Item 8.1 ) - Acquisition of water well site - Fall River Place
Agenda Item 8.2 ) - Acquisition of water well site - Snow Road
Agenda Item 8.3 ) - Acquisition of 3,960 for street right-of-way
Agenda Item 8.4 ) - Sale of 13.65 acres - State Route 58
APPROVAL OF MINUTES
Approval of minutes of the regular meetings held April 30, May 3, May 14 and May 17,
2001.
(Ward
PUBLIC HEARING - Extension of Time for Vesting Tentative Tract 5947 (Porter-
Robertson) Containing 59 10ts on 12.2 acres, zoned R-1 (One Family Dwelling); located
on the west side of Wible Road, south of McKee Road. (Negative Declaration on file)
6)
RECOMMENDATION: Approve
Group Vote.
6. PUBLIC HEARINGS - TENTATIVE TRACT MAP
6.1) Vesting Tentative Tract 6045 (Mclntosh & Associates)
(Ward 4)\
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
Roadl '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, May 3 & 17 and June 7 & 28, 2001)
Agenda, PC, Thursday -July 19, 2001
Page 3
RECOMMENDATION:
Group. vote
Approve
(Ward 4)
(Ward 7)
6.2)-
6.3
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 DeclaratiOn on file) (Continued from April 19, May 3 & 17 and June
7 &-28, 2001)
RECOMMENDATION:
Approve
Group vote
Vesting Tentative Tract Map 6064 (Pinnacle Engineering)
A proposed Phased tentative subdivision containing 188 lots for single family
residential purposes, including a request-for reverse corner lots on 39.66 acres
and a request to waive mineral rights signatures pursuant to BMC 16.20.060'B.1;
located on the southeast corner'of South H Street and Berkshire Road.
(Negative Decla~ation on File)
RECOMMENDATION:
Approve
Group vote
(Ward 5)
PUBLIC HEARING. Zone Change No. P091-0383 (TAIT & Associates)
To change the zoning from a PCD (Planned Commercial Development) to a revised
PCD (Planned C0mmercial, Development) zone on 16.75 acres to allow installation of a
gasoline diSpensingfacilityincluding ten fueling stations, kiosk and canopy; located on
the north side of Stockdale Highway, east of California Avenue in the Ralph Shopping
Center.
RECOMMENDATION: Approve
R°ll Call Vote
Agenda,.PC~ ThUrsday -'July 19, 2001
Page 4
(Ward 4)
GENERAL PLAN CONSISTENCY FINDINGS
8.1)
General Plan ConsiStency Finding for the acquisition of a water well site located
atthe nOrth side of Fall River Place, south of Palm Avenue and west of Allen
Road, Lot-No. 38 of Vesting Tentative Map Tract No. 6007. (Exempt from
CEQA)
RECOMMENDATION:
Make Finding
Group Vote.
8.2)
~4/ard 4)
General Plan Consistency Finding for the acquisition of a water well site located
at ~he southwest corner of Snow Road and Waldorf Way, Lot NOs. 6 and 7 of
Vesting Tentative Map Tract No. 5993. (Exempt from CEQA) ·
RECOMMENDATION:
Make Finding
Group Vote.
8.3)
(Ward
General Plan Consistency Finding for the acquisition for street right-of-way for
completion of Akers Road, southwest corner of Panama Lane and the Arvin-
Edison Canal. (Exempt from CEQA)
RECOMMENDATION:
Make Finding
Group vote. -
'8.4)
(Ward
General Plan Consistency Finding for the sale of approximately 13.65 acres of
land at the former Waste Water Treatment Plant No. 1 site, located on the south
side of State Route.58, east of Mt. Vernon Avenue. (Exempt from CEQA)
RECOMMENDATION:. Make Finding
Group Vote.
COMMUNICATIONS
A) Written
B) 'Verbal
Agenda, PC, Thursday - July 19,.2001
Page 5
coMMISSION COMMENTS
-A). Committees
11. DISCUSSION AND ACTIO'N REGARDING POSSIBLE CANCELLATION OF THE
NEXT PRE;MEETING
12. 'ADJOURNMENT
July 3. 2001
Acting Planning Director
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, James D. Movies, Dennis Fidler, Steve Walker
Jennie Eng, Pam Townsend
PUBLIC STATEMENTS
None
Chairman Boyleread the Notice of the Right to Appeal
CONSENT CALENDAR:
· Commissioner Tragish announced he would abstain from voting on 3.1 as he had not yet
been appointed to the Planning Commission at that time.
Min utes
3.1) Agenda Item 4); Appr. oval of minutes for April 30, May 3, 14 & 17 - Approved - CC
Extension Of Time
3.2 Agenda Item 5) - Extension of Time for Vesting Tentative Tract 5947 (Porter-Robertson)
Containing 59 lots on 12.2 acres, zoned R-l; located on the west side of Wible Road,
south of McKee Road i(Negative Declaration on file) - Approved - CC.
Consistency Findings
3.3) Agenda Item 8.1 ) - Acquisition of a water well site located at the north side of Fall River
Place, south of Palm Avenue and west of Allen Road, Lot No. 38 of Vesting Tentative
Map Tract No. 6007. (Exempt from CEQA) - Made Finding - CC
3.4)
Agenda Item 8.2) -Acquisition of a water well site located at the southwest corner of Snow
Road and Waldorf Way, Lot Nos. 6 and 7 of Vesting Tentative Map Tract No. 5993.
(Exempt from CEQA) - Withdrawn
Minutes, PC, July 19, 2001
Page 2.
· 3.5)
Agenda Item 8.3) Acquisition for street right-of-way for completion of Akers Road,
southwest corner of Panama Lane and the Arvin-Edison Canal. (Exempt from CEQA) -
Made Finding - CC .
3.6)
Agenda-Item 8.4) Sale of approximately 13.65 acres of land at the former Waste Water
Treatment Plant No. 1~ site, located on the south side of State Route 58,1east of Mt.
Vernon Avenue. (Exempt from' CEQA) Made Finding - CC
Motion made by Commissioner Sprague, seconded by Commissioner McGinnis to approve
the Consent Calendar.
APPROVAL OF MINUTES - Approved - CC
PUBLIC HEARING - EXTENSION OF TIME - Approved - CC
PUBLIC HEARINGS - Tentative Tract Maps
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-l; 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 bf 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 149, May 3 & 17
and June 7 & 28, 2001)
Staff reported that the applicant is requesting another continuance until the August 2, 2001,
meeting.
Commissioner Sprague made a motion, seconded by Commissioner.Tragish, to continue
this item until the August 2, 2001, Planning Commission meeting.
MOTION CARRIED.
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), on the
southwest corner of Chamber! Blvd. (extended) and future Windermere Street. (Negative
Declaration on file) (Continued from April 19, May 3 & 17 and June 7 & 28, 2001)
Staff reported that the applicant is requesting another continuance until the August 2, 2001,
meeting.
Commissioner Sprague made a motion, seconded by Commissioner Gay, to continue this
item until the August 2, 200t, Planning Commission meeting.
MOTION CARRIED.
Minutes, PC, July 19, 2001
Page 3
6.3 Vestin.q Tentative Tract Map 6064 (Pinnacle Engineering)
A proposed phased tentative subdivision containing 188 lots for single family residential purposes,
including a request for reverse corner lots on 39.66 acres and a request to waive mineral rights
signatures pursuant to BMC 16.20.060 B.1; located on the southeast corner of SOuth H Street and
Berkshire Road. (Negatiye Declaration on File)
Staff report given recommending approval of the proposed single family subdivision as
conditioned in Exhibit land including the memorandum from Public Works. Public portion of the
hearing was opened. No one spoke in opposition.
Trent Miller, Pinnacle Engineering, stated they were in agreement with the conditions.
Commissioner Gay asked Why this tract didn't have a block wall by the canal instead of a
chainlink fence? Staff said the ordinance requirements are for a chainlink fence or
equivalent to the city standards with a concrete curb at the bottom. The Planning
Commission has the authority to require a block wall if they believe it is needed for orderly
development.*
Commissioner Tragish requested the applicant build a block wall on the west side of the '
parcel facing South "H" Street for safety reasons. After some discussion among the
Commission,.Mr. Miller agreed to accept the condition that a block wall be built instead of
a chainlink fence.
Commissioner Brady made a motion, seconded by Commissioner Tkac, to.approve and
adopt the negative declaration and to approve Vesting Tentative Tract Map 6064 with
findings and conditions set :forth in the attached resolution incorporating Exhibit A and
adopting the conditions set'forth in the July 19, 2001, memorandum from Marian P. Shaw,
Public Works .Department, and adopting an additional condition that "for orderly
development and noise attenuation a block wall be constructed in-lieu of the chainlink'
fence between the western edge of-the property and the canal." The motion was amended
to also include the elimination of condition number 13.
MOTION CARRIED.
PUBLIC HEARING - zone Change No. P091-0383 (TAIT & Associates)
To change the zoning from a PCD to a revised PCD zone on 16.75 acres to allow installation of a
gasoline dispensing facility including ten fueling stations, kiosk and canopy; located on the north
side of Stockdale Highway, east of California Avenue in the Ralph Shopping Center.
Staff report given recommending approval of the zone change as amended by the Acting Planning
Director's memo and the applicant's request to modify the design by moving three planters.
Public portion of the hearing was opened. No one spoke in opposition.
Cory Sackett, an employee of Tait Associates, spoke in favor of the.projeCt. Public portion
of the hearing was closed.
Commissioner Brady askedwhy there wasn't berming? Mr. Movius said that because of
the uses across the street, staff didn't feel it was necessary. Commissioner Brady asked if
there was a condition requiring shielding on the canopy on this project? Mr. Movius said
that staff did not feel it was necessary because of the environment. The condition could
be added if the Commission wishes.
Minutes, PC, July 19, 2001
Page 4
Commissioner McGinnis asked what*We are requiring as far as landscaping? Mr. Movius
said the condition requires 5 additional trees be put in between the site and Krispy Kreme.*
Commissioner McGinnis said there should be some screening between the gas station and
the street. Mr. Movius said there is only the normal street scape.
After much discussion the Commission decided to require berming and Commissioner
Gay Suggested that they might require smaller trees of the applicant if theY replace some
of the crepe myrtles that do.not provide much shade coverage.
Commissioner Sprague made a motion, seconded by Commissioner McGinnis, to approve
and adopt the negative declaration and to approve Zone Change No. P091-0383 with
findings and'conditions set *.forth in the attached resolution incorporating Exhibit A with
the addition of berming to be approved by the Planning Director along Stockdale Highway
fronting for shielding purposes and recommend that the trees be removed and replaced on
the berm or a-Humpty Dumpty style be looked at. Also, that the lighting be shielded on the
project and that the 18 trees set forth in the memorandum dated July 19 be 24-inch in size
and 50 percent of the existing crepe myrtles in the existing phase one parking lot be
replanted to 24:inch size the types and species to be approved by the urban forester and a
landscape plan submitted back to the Planning Commission for review and approval. The
berming should be included in the landscape plan along with lighting criteria to be brought
back to the CommissiOn for the final development plan.
Motion was approved by the following roll call vote:
AYES:
NOES:
ABSENT:
Commissioners Brady, Gay, McGinnis, SpragUe, Tkac, Tragish, Boyle
None
None
GENERAL PLAN CONSISTENCY FINDINGS
APPROVED - CC
10.
COMMUNICATIONS
James Movius, Acting Planning Director, told the Commission that they have a memorandum
from him this evening transmitting maps that Commissioner Sprague requested: These show
maps the Planning Department has the ability to provide.
Ginny Gennaro said that at the next regularly scheduled meeting, August 2, 2001, she will be
making a brief presentation on the agenda format and suggesting ways that the agenda can be
made more user friendly. Ms. Gennaro asked the Commission to call-her if they had any
suggestions about the agenda.
COMMISSION COMMENTS
Commissioner Sprague said thank you to staff for providing the maps. Also, Commissioner
Sprague said the developer of the Northwest Promenade has not acquired the right-of-way for
ingress and egress to the shopping center and would like to get an update on the status. He
understands the two property owners that are affected have not arrived at a sale of the right-of-
way with the developer and it is posing a problem.
MinUtes, pC, July 19, 2001
'Page 5
11.
12.
July 31, 2001
Commissioner Boyle asked Mr. Movius to contact the group at Cai State who did the study on the
"Cost of Growth" and ask them to do a presentation to the Planning Commission whenever it
would be convenient for them ,and the Planning Commission.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-
MEETING.
It was decided there would beia pre-meeting on July 30, 2001.
ADJOURNMENT
There being no further busineSs to come before the Commission, the meeting was adjourned at
7:11 p.m.
Pam Townsend, Recording Secretary
(....//JAMES D. MOVIUS, Secretary ·
Acting Planning Director