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HomeMy WebLinkAbout02/06/97MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, February 6, 1997, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun AvenUe, Bakersfield, California. COMMISSIONERS: Present: KENNETH HERSH, Chairperson MATHEW BRADY ROBERT ORTIZ WADE TAVORN JEFFREY TKAC MICHAEL DHANENS Absent: DOUG DELGADO, Vice-Chairperson STEPHEN BOYLE ADVISORY MEMBERS: Present: LAURA MARINO, Assistant City Attorney JACK LaROCHELLE, Engineer IV DENNIS FIDLER, Building Director STAFF: Present: STANLEY GRADY, Planning Director JIM MOVIUS, Principal Planner LAURIE DAVIS, Recording Secretary 2. P UB~TATEMEN TS Jill Kleiss submitted information to the commission and read language concerning noticing requirements. She gave history on public notice requirements for comprehensive sign plans. She stated her concern that this issue has been sent to committee and there has been no resolution. Chairman Hersh asked for update on this issue. Mr. Grady said staff sent forth to the council what was directed by the commission. He said he would obtain information concerning what has been done and bring it to the commission at the next hearing. Ms. Kleiss cited an administrative report stating a recommendation of referral to urban development committee was made. She was also concerned the first reading was bypassed and this issue was sent to committee. Commissioner Brady noted that administrative reports are not directed to the commission. Minutes, PC, 2~6~97 Page 2 5.1 Ms. Marino said decisions on administrative reports are decided at the agenda conference by the department heads. At that time they make a decision whether it will be sent for first reading or to the urban development committee. She explained that this council committee has not met and does not have another meeting until March. The chairman read the notice of right to appeal as set forth on the agenda. Commissioner Ortiz stated although he was not present at the Monday meeting he had listened to the tapes and would participate at this hearing. Commissioner Tavorn stated he also was not present at the MondaY meeting however had listened to the tapes and would participate at this hearing. Chairman Hersh stated this was also the case for him. CONSENT AGENDA ITEMS_ None APPROVAL OF MINUTES MotiOn was made by Commissioner Ortiz, seconded by Commissioner Tkac to approve minutes of the regular meetings held December 5, and December 16, 1996. Motion carried. PUBLIC HEARING - TENTATIVE TRACT 5859 (PHASED) Staff report was given recommending approval with conditions. Public portion of the hearing was opened; no one spoke in favor or opposition. Carl Moreland represented the applicant. He submitted proposed condition changes to the commission. Chairman Hersh asked if these had been discussed with staff and resolved. Mr. Moreland said they had been discussed, however not resolved. Mr. Moreland gave history on this property. He outlined his request for change of conditions. Mr. LaRochelle stated agreement cannot be reached with respect to Mr. Moreland's requested condition changes. He stated the primary issue of disagreement is the improvement of Panama Lane in front of the Delgado's home and cannot be resolved. He stated staff was content with the original set of conditions, however during discussion another set of conditions was developed. Minutes, PC, 2~6~97 Page 3 Mr. Moreland said he wanted to be treated as the property owners were across the street when they phased their map. Mr. LaRochelle stated staff's opinion remains that Harliss Street connecting to Panama Lane is. proper for circulation. Mr. Grady said another issue exists which is contained in Section 16.28.120 of the Subdivision Ordinance which he cited as being requirement of adequate and convenient access to 'adjoining properties so as not to cause undue hardship. He stated the property across the street which Mr. Moreland referenced is not of the same situation as this property. Public portion of the hearing was closed. Commissioner Brady said he would not support the project unless a condition exists.in which Panama is required to be built the entire length. He asked what was the basis for not putting Harliss through to Panama. Mr. Grady said if this were the case all of the traffic in the neighborhood would be forced to access Panama through another neighborhood thereby placing the burden from this subdivision onto another neighborhood. Commissioner Brady asked for a synopsis of proposed phasing. Mr. LaRochelle said a very minor amount of arterial type frontage is included within the first phase. Over half the lots are with the first phase; their concern is that the cost of improvements is so high that if it is delayed until the last lots those lots have the burden of building the majority of the major roadway. He explained the way in which the funding through the phases was reached. Commissioner Dhanens asked how this development would occur. Mr. LaRochelle said conditions of approval were based on a 3-phase submittal. Staff has not had time to analyze the two-phase submittal with respect to conditioning. Commissioner Dhanens asked if the Delgados had agreed to the conditions which would leave their lot at 100 feet deep. Mr. LaRochelle said Ms. Delgado had some concerns with respect to the aesthetics, however was amenable to meeting with the subdivider and open to negotiating sale of the strip. Commissioner Dhanens stated his agreement that the portion of Panama Lane in front of the Delgado's home be improved. He also felt it seemed to make sense for Harliss Way to connect to Panama. He suggested this may have to be continued in order to work out these issues. Chairman Hersh asked about the status of the waiver of mineral owner signatures. Mr. Movius stated it_is indicated the property owner owns the mineral rights also. Motion was made by Commissioner Brady, seconded by Commissioner Ortiz to continue this item to the next regular meeting. Motion carried. Minutes, PC, 2/6/97 5.2 PUBLIC HEARING - TENTATIVE TRACT 5853 Page 4 Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in opposition or in favor. Jerry Hendricks represented the property owner. He stated they wanted to move the home in such a way that they would be disturbed for as little time as possible. However the condition #'s 3 and 7 are written in such a way as to cause a slight problem with respect to this. He requested that these conditions be required prior to acceptance of improvements. Mr. LaRochelle suggested the condition be worded such that it would be prior to commencement of any construction within the proposed right-of-way stating if the improvement is bonded for he would have no problem with it. Concerning Condition #8 he asked that obtaining approval be allowed during the plan check procedure. Discussion continued regarding emergency access. Mr. Grady felt the condition as written would address Mr. Hendricks' concerns. Mr. LaRochelle proposed the following be added to Condition #3: "All structures and obstructions shall be removed from proposed rights-of-way prior to commencement of any construction unless structure moving is properly bonded for." Mr. Movius stated condition #7 could be deleted. Mr. Hendricks said his concern with Condition #8 is that he wanted to be able to obtain approvals during the plan check procedure. Mr. LaRochelle felt this condition would address his concerns. Mr. Hendricks was agreeable to this. Public portion of the hearing was closed. Commissioner Dhanens asked for clarification of whether the emergency access would be 16 or 20 feet wide. Mr. Hendricks said the easement is 20 feet, however the Fire Department is requesting a 16-foot paved section. Motion was made by Commissioner Brady, seconded by CommisSioner Dhanens to adopt resolution approving Tentative Tract 5853 with findings and conditions as set forth in resolution marked Exhibit "B," subject to the following amendments: Conditio]3~3 to read as follows: All structures and obstructions shall be removed from proposed rights-of- way prior to commencement of any construction unless the movement of existing structures is properly bonded. D~_.Jet~n of Condition #7 Motion carried. Minutes, PC, 2~6~97 Page 5 PUBLIC HEARING - PCD/ZONE CHANGE AND SEECIFIC PLAN AMENDMENT P96-0494 (HOPPER PROPERTIES, L.P.) -- TIME SET FOR PUBLIC HFA~ AMEND THE ZONING BOUNDARIES FROM A C-2 (REGIONAL COMMERCIAL.) 7_QNE TO A PCD (PLANNED COMMERCIAL DEVEI'OPME~I~ DEV~._OPMENT OF A 510,577 SQUARE FOOT MIXED USF_J~O~E_~;JAL SHOPPING CENTER AND AMENDMENT OF THE RIVERLAK~I~LSP~:CIFIC P_I_AN_T_O ALLOW FOR PHASED DEVELOPMENT (LIMITED TO THREE PHASE$~ MAXIMUM) QF~THE OVERALL 121 +/- ACEE_MA, LOJ~?~)MMERCIAL SITE IN THE SPECIFIC PLAN OF WHICH THE SUBJECT PROPERTY IS A 69 +/- ACRE PORTIO~I (AND THE FIRST PHAS. F~ Commissioner Dhanens stated he would abstain on this item because he has a client who owns property within 300 feet of subject property. Staff report recommending approval was given. Representative of the Traffic Division of the Public Works Department discussed the traffic mitigation. Commissioner Hersh asked about existing level of service at Rosedale and Coffee and what the level would be after completion of this project. Mr. Walker stated it is required to be mitigated to a level of service C. Mr. LaRochelle gave information concerning capital improvement projects at this location. Public portion of the hearing was opened. Jill Kleiss was concerned this project was reviewed in a vacuum. She cited 2-1/2 miles of development which has not taken into consideration cumulative impacts or the possibility of a program EIR. Alan McCulley spoke stating he is adamantly opposed to another Walmart in this community because of economics and the effect of it on small business in the area. He asked that no pad in this project be allowed to be over 75,000 square feet and the main anchor be limited to carrying 10 percent non-taxable items. He was also concerned · about cumulative impacts. He submitted petitions in opposition for the record. Cynthia Sarmento stated her opposition to Walmart being the anchor in this shopping center stating she felt it would be detrimental to the Rosedale community. Marvin Armas stated he and his neighbors do not want this type of store in their neighborhood. He agreed with the previous request that no pad be allowed to be over 75,000 square feet. Joseph Dody stated his opposition to this store in his neighborhood because of the effects it will have on small business. Jim Hart stated his opposition to having another Walmart in the community because he felt they do not keep their properties up as they should and he felt they have become an eyesore for those areas in which they exist. Minutes, PC, 2~6~97 Page 6 Richard Crane stated he is in complete opposition because of the devastation the two existing Walmart stores have been on existing businesses and the economic effect it will have on the surrounding homes. He requested that an EIR be prepared for this project. Jerry Hill stated in speaking to many of his neighbors they were not in favor of this proposal. He also stated he felt the community needed to be given more time with respect to noticing and that preparation of an Environmental Impact Report was necessary. He stated his concerns about increase in traffic and decrease in property values. Lee Jamison stated he is the owner of Hopper properties and the applicant. He stated they informed the Bakersfield Californian who ran several articles, placed a sign on the corner with phone numbers of brokers so that contact could be made. Concerning the comments regarding Environmental Impact Report, he said this project is not being reviewed in a vacuum. He gave history of this property. He stated the proposed plan includes a significant reduction in the buildable area that was originally approved by the Commission and Council. At the time of original approval all environmental issues were studied and are included in the Riverlakes Specific Plan. They have proposed a PCD so that the Commission and City Council are given the authority to address issues. He said regarding the sign program, a comprehensive sign plan will come before the Commission. The sign requirements are governed by the Riverlakes Specific Plan. A discretionary condition is placed on this project requiring a landscape median on Rosedale Highway which would be the first landscape median on Rosedale Highway from Highway 99 to Interstate 5. He stated he would be willing to enter into a maintenance district if all of Rosedale Highway is to be improved with landscape strip. He asked that the cost of putting in the landscape strip be credited to the traffic impact fee program. Paul Cay stated he is the Director of Planning and Development for Fruitvale Properties. They are the developer of the Riverlakes Ranch master planned community. He spoke in support of this project. He gave history of the adoption of the Riverlakes Specific Plan. He stated the total acreage has not increased since the first approval on this project. Infrastructure has been accommodated for this property. Bonnie Godfrey, Sales and Marketing Director for Fruitvale Properties stated her support for this project. She felt in light of the amount of homes that will be in the area, the commercial center is necessary. Public portion of the hearing was closed. Commissioner Brady stated he recognized this developer could have built this project within the zoning requirements and would not have had to request a PCD. The PCD allows the commission to control what is built. Concerning the comments from previous speakers who did not want another Walmart store in the city, he asked if his review included the actual tenants of the building or if it were limited to the actual structures and size. Mr. Grady said review is limited to the size and layout of the facility as well as the list of permitted uses. Concerning air quality he felt placing shopping closer to residences will improve the air quality. He felt the specific plan is more than adequate to Minutes, PC, 2/6/97 Page 7 address environmental impact issues and mitigation measure placed on development within this area deal with issues of traffic. He stated he had significant concerns about projects this size, however must commend this developer because it is very well landscaped with berming and open space. A concern has been the appropriate usage of tower line easements, however this project incorporates it well within the project and provides pedestrian walkways. He stated he would support this project. Commissioner Ortiz agreed with comments made by Commissioner Brady. He asked concei'ning condition #15., if the landscape median and maintenance is a requirement of the city or the state. Mr. LaRochelle stated this was placed on the project by the city, and is already within a landscape maintenance district. Commissioner Ortiz felt this was an excellent project with the infrastructure already in place and stated he would support the project. Commissioner Tavorn asked about the 2010 being a regional EIR. Mr. Grady stated it is a program EIR for the entire metropolitan area. Commissioner Tavorn asked about traffic generation stating he felt this intersection is past a level of service C. He stated his major concern about traffic. Mr. LaRochelle said the traffic study looks at existing and proposed traffic, growth, prOposed zoning and proposed usages. Discussion continued regarding traffic issues. Chairman Hersh felt when there is such a large amount of open space surrounding a project such as this time should be taken to notify the communities immediately adjacent. Regarding environmental review issues, he asked staff for their opinion on the adequacy of environmental review in the Riverlakes Specific Plan. Mr. Grady stated he felt the environmental review was adequate. Chairman Hersh felt by applying for the PCD the applicant has exposed himself to continual review by the commission, which is something he was not required to do. He stated he was concerned about the commercial portion on the southeast corner of Rosedale Highway, asking if staff has considered the impact of this development as well. Mr. LaRochelle stated staff had considered this. Commissioner Tavorn said the reason for the negativity toward Walmart is that they have been known to leave a center if they do not bring in the quota of money they have set for themselves. Commissioner Brady said complaints have been received that there is a traffic problem and freeways are not being constructed. A solution to this has been to locate commercial offices and shopping facilities closer to residences such as building this type of project thereby diminishing the need for driving longer distances. Motion was made by Commissioner Brady, seconded by Commissioner Ortiz to adopt resolution approving and adopting the Negative Declaration and approve Zone Change No. P96-0494 with findings, conditions and mitigation measures as presented in said resolution (see attached Exhibit "F"), and recommend same to City Council. Motion carried by the following roll call vote: Minutes, PC, 2~6~97 Page 8 AYES: Commissioners Brady, Ortiz, Tkac, Hersh NOES: Commissioner Tavorn ABSENT: Commissioners Boyle, Delgado Motion was made by Commissioner Brady, seconded by Commissioner Ortiz to adopt resolution approving and adopting the Negative Declaration and approving Riverlakes Ranch Specific Plan Amendment No. P96-0494 with findings as presented in said resolution (see attached Exhibit "F"), and recommend same to City Council. Motion carried-by the following roll call vote: AYES: Commissioners Brady, Ortiz, Tkac, Hersh NOES: Commissioner Tavorn ABSENT: Commissioners Boyle, Delgado *5-minute break was taken at this time. o ~N CONSISTENCY FINDING -- SALE OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 19TH STREET AND "K" STREET. Staff report recommending approval was given by the property manager for the city. Commissioner Brady stated he requested Mr. Bynum give a brief presentation about the project. Mr. Bynum gave overview of the project stating they are participating in the revitalization of the downtown area in that these parking spaces will be fully leased to Kern County providing parking over and above the city requirements as well as replacing parking and honoring existing leases. Mark Sheffield stated he is a property owner in the immediate area. He stated his concerns of whether there will be any public parking for their retail customers in this parking structure and he was concerned this would create quite an impact on 19th Street from people coming from Rosedale and the west part of the County. He felt this structure would not be as effective if it were to go beyond 5 stories and that people would not have a tendency to use it. He was concerned that if this parking is to be taken away and used for the DA's office the commission should assure that there is another flat level parking lot constructed possibly in the 20th and "K" Street area. He stated he is in full support of the project, however his immediate concern is of downtown parking. Minutes, PC, 2~6~97 Page 9 James Ware stated he has property interest in the 1400 block of 19th Street. He stated he is not opposed to the proposed structure. He stated his concern is this property being taken out of the city's hands. He stated they have commissioned surveys through the Downtown Business Association and the number one answer given is that. people do not shop downtown because of the lack of parking. In meeting with Mr. Bynum they came to he conclusion that the surrounding property owners need more time to discuss mitigation with the city concerning the provision of another parking lot. He asked for a continuance on this item. John Sarad concurred with. Mr. Ware's comments. He felt the applicant is providing a good project. He was concerned that the city promotes grandiose public projects, then the downtown property owners have to fund their own parking which is for public use. He said there are a lot of issues of which they have not had a chance to explore options and requested additional time to do so. Chairman Hersh asked for Mr. Bynum's comments concerning the previous comments and request for continuance. Mr. Bynum stated the approval is important at this hearing. He disagreed that all opportunity to address parking issues is lost if this is continued'tonight. He stated there is currently no public parking at this location at this time. It will be replaced in the proposed structure; there is no loss of parking to the downtown. There is plenty of time to incorporate additional parking into this structure. The city council will hear this issue on February 19th and a delay will push this issue to a -later date and will impact their approval process through the county. Chairman Hersh stated his concern that some of those for whom this structure is ' provided will continue to park on the street, therefore street as well as structure parking will be influenced by them. Mr. Bynum stated they are cognizant of traffic flows on this particular project. However it will be accessible on 3 sides. Commissioner Brady asked how the existing 83 units will be replaced. Mr. Bynum said they will honor the existing leases. They will replace that nUmber of spaces in the parking structure as well as those being installed for the building to be constructed. Commissioner Brady said the commission cannot require a new project to mitigate existing parking problems. They are only required to mitigate their own impacts. He stated he was comfortable making a finding that the sale of this lot is consistent with the general plan. He felt the city needs to address the existing parking problem and suggested a recommendation be made to the city council with respect to this and the sale of this property. Commissioner Dhanens stated he is comfortable that this sale is consistent with the general plan and reiterated that he did not feel this project would be expected to solve the existing downtown parking problems. Minutes, PC, 216197 Page 10 Mr. Sarad said they do not want to impact Mr. Bynum's intentions and they are not asking that this project solve the parking problem; what they are asking is that the city solve the problem at the same time. Rene Nelson said she uses downtown area parking structures citing the county's building has a very good system in which the lowest level is public parking with employees using the upper level parking.. She asked concerning the 8 year parking leases, what happens when these leases expire. She felt perhaps to stipulate that these spaces become public parking is something which should be considered. Chairman Hersh asked if the property is sold before the 8 year leases expire would those contracts continue to be honored. Mr. Bynum said the contracts would be honored for the term Of the lease no matter who the owner is. Motion was made by Commissioner Dhanens, seconded by Commissioner Ortiz to make a finding pursuant to Government Code Section 65402, that the proposed sale by the City of the surplus property in question is consistent with the Metropolitan Bakersfield 2010 General Plan, with a further recommendation that the City Council actively address the downtown parking problem as part 'of this proposal. Motion carried. o DISCUSSION OF ENVIRONM~IMPAC_T REPORTS IN SOUTHV~JES~ This item was placed on the agenda at the request of Chairman Hersh. Chairman Hersh said on January 16th the Draft EIR for the Brimhall EIR was reviewed. Subsequent to this it was found that the Buena Vista EIR was in process. He stated an idea of a program EIR has surfaced. He stated his concern that a program EIR is necessary so that it covers schools, air, traffic, water, etc. Things which will affect the surrounding community. He felt these issues needed to be looked at collectively. He felt the idea of impact reports is that they will be built upon. He said there are no short cuts when it comes to CEQA. Provisions are required in CEQA one of which is a mitigation monitoring program and findings 15091 and 15093 which are essential. He Stated he had a concern about the scope of what is being done in the southwest. He felt an overall plan was necessary concerning time tables of development, how it will impact traffic, water, etc. Commissioner Brady said every 20 years a general plan and EIR is undertaken to study the big picture. The commission is looking at very large portions of land and their impacts and he did not see the need in combining projects in the northwest and southwest. They are in different areas of town and are developed differently. The commission is considering impacts as a whole, however he was not in favor of holding up all development until all projects under one developer can be reviewed. He felt this is a burden and would not hold up. Minutes, PC, 2~6~97 Page 11 Chairman 'Hersh felt when these items are being taken on a 20 year span and when there is such a large area and agricultural reserves for 10 years there is a major impact. He felt in order for CEQA to be able to identify the problems there needs to be a program EIR which lays the foundation. COmmissioner Dhanens asked for definition of a "program EIR." Mr. Grady said basically it looks at a generalized development scheme such as that of the Buena Vista property area analyzing all known environmental impacts of this project and future projects which can be associated with this project. Commissioner Dhanens felt the market in the city would not support development over the number of acres addressed in such projects as Buena Vista in less than a 10-20 year time frame. Commissioner Tavorn recommended that testimony by the public be taken at this time and that commissioner comments be given at the following meeting on this issue since two commissioners who are not present are interested in this issue. Chairman Hersh stated he had submitted copies of letters from the county expressing concerns which are related to his concerns. Jill Kleiss stated her concern regarding the inability of the 2010 Plan to reach its set goals and policies. She did not feel the city could adequately plan when the development is unknown. She was also concerned about the vacancy factor. She felt a program EIR is necessary and felt that air quality cannot be mitigated. Discussion continued regarding traffic level of service. Ms. Kleiss said she was willing to meet with Commissioner Brady to discuss this issue. Barbara Lomas, felt a very close 10ok should be taken at the amount of land development in the Brimhall area and Buena Vista. Commissioner Brady felt ~the commission needs to look at the impacts of a project through the EIR process, evaluate them and make decisions based on this. Commissioner Tavorn made a motion, seconded by Commissioner Brady to continue this item to the next regularly scheduled meeting. Motion carried. COMMUNICATION.g A) Written Mr. Grady reminded the commissioners of the Planning Commissioners institute upcoming in March. Minutes, PC, 2~6~97 10. 11. 12. Page 12 B) ~Zerbal Mr. Grady asked for clarification on the comprehensive sign issue, asking if the commission requested this be placed on a future agenda. Chairman Hersh felt there was no need for it to be an agenda item, however asked that the commission be kept abreast of its progress. COMMISSION COMMENTS A. Committees DJ~LC~DJ~,CTION REGARDING PQ_SSIBLE CANCEl LA~~~ -~F_~IG. Mr. Grady gave schedule for next commission meeting. Commissioner Brady felt so long as all information is received at the earliest convenience he would see no need for a pre-meeting. Motion was made by Commissioner Brady, seconded by Commissioner Tavorn to cancel the next pre-meeting. Motion carried. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 9:38 p.m. Laurie Davis Recording Secretary