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HomeMy WebLinkAboutDecember 16, 2002Council Chambers, City Hall, 1501 Truxtun Avenue ROLL CALL Present: Absent: Commissioners Blockley, Ellison, Gay, McGinnis, Sprague, Tkac, Tragish None Advisory Members: Ginny Gennaro, Stanley Grady, Marian Shaw, Dennis Fidler Staff: Jim Movius, Marc Gauthier, Pam Townsend 2. PLEDGE OF ALLEGIANCE: PUBLIC STATEMENTS: Mathew Brady, a resident of Silver Creek, spoke regarding Consent Agenda Item 4.1b. He requested this item be taken off of Consent to allow him the opportunity to address some significant traffic concerns that he feels were not addressed and affects mitigation that needs to be imposed. Specifically, roadways including the intersections of Wilderness and Harris Road and Reliance and Harris Road which were not studied in the traffic study. Also, issues regarding the school and crosswalk were not studied and he feels that the Commission needs to consider those so mitigation can be considered for the project. Traffic patterns from the west of the project and how the project traffic is going to flow to that was not dealt with in the traffic report along with the abandonment of portions of Pacheco Road. Commissioner Sprague said they will take that under consideration on Thursday night. CONSENT CALENDAR: 4.1 Non-Public Hearing Items 4.1a Recommend certification of Final Environmental Impact Report for proposed General Plan Amendment and Zone Change 02-0193. The project is a shopping center on 37.52 acres located on the east side of Highway 99 and north of Panama Lane. (Panama 99 Properties, LLC). (Ward 7) 4.1b Recommend certification of Final Environmental Impact Report for proposed General Plan Amendment and Zone Change 02-0030. The project is a shopping center on 78 acres located on the west side of Gosford Road, between Pacheco Road and Harris Road. (Castle & Cooke, CA Inc.) (Ward 5) 4.1c Approval of minutes for Planning Commission meeting of November 21,2002. Items 4.1a & 4.1b will be discussed later in the agenda. Item 4.1c will be voted on Minutes, PC, December 16, 2002 Page 2 Thursday night. 4.2 4.2a) 4.2b) 4.2c) 4.2d) 4.2e) 4.2f) 4.2g) 4.2h) 4.2i) 4.2j) 4.2k) 4.21) 4.2m) 4.2n) 4.20) 4.2p) Public Hearing Items Staff recommendation on all of the following items is that they be continued to January 16, 2003. There were no staff reports given on the following items. General Plan Amendment 02-0837 (Frank Trippichio) (Ward 6) Zone Chanqe 02-0837 (Frank Trippichio) (Ward 6) General Plan Amendment 02-0853 (G.W. Wilson) (Ward 3) Zone Chanqe 02-0853 (G.W. Wilson) (Ward 3) General Plan Amendment 02-0939 (Porter Robertson Eng) (Ward 4) Zone Chanqe 02-0939 (Porter Robertson Eng) (Ward 4) General Plan Amendment 02-0958 (Mclntosh & Associates) (Ward 4) General Plan Amendment 02-0959 (Rosedale Construction Co) (Ward 4) Zone Chanqe 02-0959 (Rosedale Construction Co) (Ward 4) General Plan Amendment 02-0961 (Bakersfield Redevelopment Agency) (Ward 2) Zone Chanqe 02-0961 (Bakersfield Redevelopment Agency) (Ward 2) General Plan Amendment 02-0962 (Mclntosh and Associates (Ward 6) Zone Chanqe 02-0962 (Mclntosh and Associates) (Ward 6) General Plan Amendment 02-0976 (Towery Homes) (Ward 4) Zone Chanqe 02-0976 (Towery Homes) (Ward 4) Chanqe of Condition 02-0976 (Towery Homes) (Ward 4) 4.1 NON-PUBLIC HEARING ITEMS 4.1a Final Environmental Impact Report for proposed General Plan Amendment and Zone Chanqe 02-0193. (Panama 99 Properties, LLC) (EIR) (Ward 7) This item was discussed with item 5.1a&b. 4.1b Final Environmental Impact Report for proposed General Plan Amendment and Zone Chanqe 02-0030. (Castle & Cooke, CA Inc.) (EIR) This item was discussed with item 5.2a&b. Minutes, PC, December 16, 2002 Page 3 PUBLIC HEARINGS - General Plan Amendments, Circulation Element Amendments and Associated Rezoninqs: 5.la&b) General Plan Amendment/Zone Chanqe 02-0193 (Panama/99 Properties LLC) located east of SR-99 and north of Panama Lane. (Ward 7) Staff report given recommending certification of the EIR. Staff report was also given regarding the general plan amendment and zone change. Staff recommended approval of the project. John Schuler discussed traffic impacts of the project, Stan Hoffman gave an economic impact analysis and Duane Keatley gave a presentation on vacancy and absorption for the area. Glen LeJoi with RBF consultants, who prepared the EIR, was in the audience to answer any additional questions. Commissioner Tragish asked what the statement of overriding considerations means for this project? Mr. Movius stated that it means that the Commission believes that the benefits of the project outweigh the adverse environmental impacts that cannot be mitigated. There needs to be a statement of what the Commission perceives the benefits of the project to be when you are balancing those issues. Staff has supplied one with the resolution. It can be added to or challenged - whatever the Commission would like to do. Commissioner McGinnis asked if the neighbors have been consulted about the 16 foot buffer wall on the north side of the project? Mr. Grady said they have not been consulted. This project will not have a property line in common with the residences. It will have 30 feet of landscaping, the street and the side yard before it comes in contact with the residential units. Commissioner McGinnis said as opposed to a 16 foot wall, berming of a shorter wall may look better to the neighbors who have to stare at that wall. Mr. Grady said that is something the Commission could propose as an alternative to having a 16 foot block wall. Commissioner Ellison asked why the pervious three applications were withdrawn that were proposed for this property and if staff has identified any development problems or difficulty in the past with this piece of property? Mr. Grady said there wasn't anything specific about the site. The projects could simply not be put together. Mr. Keatley said that most of the reason those projects didn't go forward was because the property involved probate. It was undeliverable. Commissioner Ellison asked how much the developer will have to pay for non-regional transportation impact fee improvements? Five minute recess taken. Ms. Shaw said that it is a standard condition that is put on (Page 5, condition number 21) all large projects that look like they are going to have a local mitigation component. The dollar amount is given prior to the issuance of the first building permit. They are required to pay their proportionate share for each square foot of building they construct. It is handled by staff at the building permit stage. Commissioner Ellison who pays the remainder of the cost for the conversion of the right most westbound lane to northbound State Route 99? It says the developer is to pay 7.01 percent of the cost. Ms. Shaw said she could not answer that right now and will have a response by Minutes, PC, December 16, 2002 Page 4 Thursday night. Commissioner Tragish asked Mr. Hoffman if the project on Harris and Gosford would impact his analysis in any way? Mr. Hoffman said the project is in a slightly different area so the effect of it would be reduced. It would have some impact on it but in the long term the absorption would cover it. It in the short term, depending on when it opens, it may have some effect. It was not considered at the time the analysis was done. Commissioner Tragish asked Mr. Schuler if the two accesses are sufficient for this project? Mr. Schuler said yes. It's a collector coming into an arterial with a big wide throat. There are dual lefts and dual rights. There is plenty of room. Commissioner Tragish asked Mr. Schuler what the level of service will be within five years of this project going in? Mr. Schuler said that it is in the B/C range now and it will be in the B/C range in five years. He does not anticipate it dropping to a Level of Service C within 15 years. Commissioner Tragish asked about the picnic area off of Colony and how people can get to it without crossing the collector as it could be dangerous? Mr. Grady said that they would walk across the road as they would through the parking lot. The intent of the area is to provide space adjacent to In N Out Burgers. Commissioner Tragish said he would like staff to see if it is feasible to provide a bridge? Mr. Grady said o.k. Commissioner Sprague asked if a pedestrian pathway could be striped in the parking lot? Mr. Grady said that Mr. Movius in his presentation identified at least four spots, one of which intersects the In N Out, that will provide the pedestrian access between the parking lot and the buildings. There is not one directly to this island but if the Commission wants to propose striping as part of its discretionary conditions on this project, it can be discussed among them to see if that is what they want to do. Commissioner Sprague said the rest of the Commissioners should think about putting a pedestrian lane striping on the street that allows access across the street. Commissioner Blockley asked about the percentage of annual commercial space that this project represents? Mr. Gauthier said that in the last twelve months 3 or 4 supermarkets were built and that the Wal-Mart will account for about six months of our normal rate of building that kind of development here in the metropolitan area as our population is increasing by 600 to 900 people a month. Commissioner Tkac and Tragish left the meeting at 2 p.m. and will get a copy of the tape to listen to before Thursday night. Commissioner Gay had a question about signs and was told by Mr. Grady that a comprehensive sign plan will be submitted at a later date. Commissioner Gay asked about rear loading docks and asked if they can limit the hours of operation? Mr. Grady said the Commission does have some discretion with respect to conditions they can apply to the project. Hours of operation and hours of delivery are things the Commission can propose conditions for. Commissioner Gay asked if it is better to go to the perimeter of the property for lights to shield the adjoining residential property? Mr. Grady said he would have an answer on Thursday night. Commissioner McGinnis said he would be in favor of limiting the delivery hours for Wal-Mart to Minutes, PC, December 16, 2002 Page 5 coincide with Lowe's. He also asked who made the decision to put the picnic area where it is? Mr. Grady said that it is a left over from the design of the roadway and rather than have it just sit there as an unused piece of property, it was suggested that it might be able to serve some useful purpose. Commissioner McGinnis said that they don't need more traffic at the entrance of the project. It there is to be a picnic area, he would rather see it closer to Lowe's or Wal-Mart. Commissioner Blockley asked if the policy on no storage containers includes truck trailers? Mr. Fidler, Building Director, said that they are a little different but if they have to they can make a change to it. Commissioner Gay asked about the landscaped picnic area and whether or not it was a city requirement? Mr. Grady said that it was a result of the alignment of the roadway into the site. It was thought to be an attractive use of space that was the result of a road alignment. Commissioner Gay said he had a concern that it would always be attractive and not an unattractive nuisance. Mr. Grady said it would have to be maintained as all of the landscaping would have to be maintained. Commissioner Gay said they are losing a three acre park and asked why the city is capping the replacement cost of the park rather than getting a replacement park? Mr. Grady said that at this time there is no site identified and the typical way trading out parks in projects is through an in- lieu fee program. This one is unique because they are not changing from one residential use type to another residential use type. They are changing from mobile home, that already had a site identified in it, to a commercial retail center. Commissioner Sprague asked if the silt fence would go over to the northeast corner or stop at the sump? Mr. Grady said it stops at the sump. Commissioner Sprague asked if it shouldn't go to the northeast corner also to protect the residences to the north? Mr. Grady said he can make that a condition if he wishes. Commissioner Sprague asked when the sump would be built? Mr. Grady said he would answer that on Thursday. Commissioner Sprague would like the language pertaining to no storage containers include "no truck trailer parking on the lot more than a two day or 48 hour period." Commissioner Sprague said that the buffer along Highway 99 should include evergreen trees and the word "evergreen" should be added in the second sentence of item number four regarding the landscaping buffer. Commissioner Sprague asked if the Building Director is the one that monitors how the elevations shall look for continuity? Mr. Grady said that staff will review that during the site plan review process and bring it to his attention if it was thought to be a problem. Commissioner Sprague asked staff if there is a possibility of the developer offering some kind of frontage landscaping, such as berming, to the three houses on Panama Lane that the noise cannot be mitigated. Mr. Grady said they would look into that for Thursday night. Commissioner Sprague asked, if with the 16 foot wall, the delivery trucks will have enough room to make the circular motion to the north and to the east to exit the property after deliveries? The answer will be given on Thursday night. Commissioner Sprague asked if the Commission has authority to place a condition on the project that Wal-Mart and Lowe's will maintain their parking lots on a daily basis so that they don't become congested with trash. Mr. Grady said the Commission has the ability to add whatever Minutes, PC, December 16, 2002 Page 6 discretionary conditions they deem to be appropriate for the project. Commissioner Sprague said they might also think about restricting the use of blowers. Commissioner Sprague asked if all the trees around the perimeter are evergreen? Mr. Movius said in the staff report that it is 50 percent. Commissioner Sprague asked how they were arranged and Mr. Grady said he would have an answer to that on Thursday night. Commissioner Sprague asked if the area around the trash compactors can be enclosed like the generator areas with an 8-foot fence? Mr. Grady said that if the Commission wishes to make it a condition. Commissioner Sprague asked if it was necessary to have the "line of sight paths" in the landscape plan? Mr. Grady said it was desired by the applicant. Commissioner Sprague said that condition number 18 reads "that lights mounted on the north and east sides of the building shall be no higher than 20 feet and that they should be shielded and directed to shine downward and away from the adjacent residential." Commissioner Sprague asked if they have the ability to condition that no lights shall be on the buildings but on the fences and that they invert to the property so that there would be no way the lights will shine into the residential areas? Mr. Grady said the Commission could consider that as part of the project. Commissioner Sprague asked if there is a bike lane coming in off of Panama? Mr. Shaw said she would look into that by Thursday night. Commissioner Sprague asked if the six foot fence could be made to be eight feet for continuity purposes? Mr. Grady said that is possible. Commissioner Sprague wants to include the words "nursery included" in item 37 where no amplified music is to be allowed. Commissioner Sprague asked if it won't create a traffic problem having the left turn lane going into the In N Out drive-through off of Panama? Mr. Grady said they would prepare a response by Thursday. Commissioner Gay asked Ms. Gennaro if when Commissioner Sprague has a number of questions like he has if it was permitted to e-mail the other Commissioners prior to Thursday what they are and the responses. Ms. Gennaro said it is better if the Commissioners keep very good notes of what Commissioner Sprague is indicating to the extent that staff will be responding in memo format on Thursday night. The Commission should not e-mail one another regarding the comments today. A tape can be prepared of the hearing if they would like. Item was continued until Thursday night. A five minute break was taken. 5.2a&b) General Plan Amendment/Zone Chanqe 02-0030 (Castle & Cooke CA, Inc) located on the west side of Gosford Road, between Pacheco Road and Harris Road. (EIR) (Ward 5) Staff report given recommending approval with conditions. Commissioner Gay asked if it is correct that the EIR is not on the agenda for Thursday as a Minutes, PC, December 16, 2002 Page 7 public hearing? Ms. Gennaro said that is correct. Commissioner Gay had some traffic questions that Mr. Gauthier will respond to by Thursday night. He also wanted to know if staff has taken into consideration impact fees that the applicant would pay to continue Harris or pay for a signal crossing (Progress Road and Southern Pacific Railroad). Commissioner Gay asked who is operating the gas island on the south end of the project? Mr. Gauthier said he would find out by Thursday night. Commissioner Ellison said he likes the phasing of the mitigation traffic measures. Commissioner Blockley said three signals on Gosford, in his opinion, are too many and wants to know if it would be appropriate for the Planning Commission to eliminate one or two of the signals? Mr. Gauthier said there is a condition that they have to demonstrate that those lights work sequentially. Whether or not we should have the lights or how many we should have are two different things. Commissioner McGinnis asked if we could assume that due to the location of the proposed gas station and/or filling station that Wal-Mart will not have one with their building? Mr. Gauthier said that the pad location is where it is. If the Commission wants to limit the usage of the pads, all they have to do is say so. Commissioner McGinnis asked if Wall-Mart is planning for a gas facility? Mr. Gauthier said he will know that for Thursday. Commissioner McGinnis asked if there is any way to monitor the air quality, noise levels, etc? Mr. Gauthier said that the closest residences are over 1,000 feet but there will be noise monitoring and a phone number will be given out that people may complain to if they have a problem. If the developer does nothing about it, Building Inspection shows up and they will deal with the problem. Commissioner Gay asked if they are looking at this and traffic as half a project? Is this a first phase of a larger project? Will they be extending down to Panama Lane? Mr. Gauthier said he can't answer that. The applicant would be the one to ask. Commissioner Sprague asked if the railroad is active that goes through the parking lot to the northwest corner? Mr. Gauthier said no. It is an easement, but doesn't exist. Commissioner Sprague asked what if the railroad came in at a later date and wanted to put a railroad in there? Mr. Gauthier said there is enough parking and setbacks that it doesn't matter. It is a big site. Commissioner Sprague asked if there is a count on the number of drive-throughs on the site? Mr. Gauthier said the traffic study probably says that but he will respond by memo for Thursday. Commissioner Sprague asked if there is a requirement for an eight foot wall at the rear of the project to buffer any residences to the west? Mr. Gauthier said that it is not required between commercial and industrial properties. Commissioner Sprague asked if staff sees any potential noise, dust or contamination product to the residences to the west of this site? Mr. Gauthier said it is going to be an industrial park. It should not be a problem. Commissioner Sprague asked if a condition should be imposed that the smoke stacks should have scrubbers on the fast food sites? Mr. Gauthier said they could but staff would rather they didn't. They have found that it is not effective. Commissioner Sprague asked that the applicant address that on Thursday and also find out which way the prevailing winds go. He Is concerned Minutes, PC, December 16, 2002 Page 8 about odors if any of the pads shown will include fast food restaurants. He also questioned whether or not the circulation to the fast food pads is sufficient coming and going from Gosford and whether or not headlights would be shielded across Gosford to the east? Mr. Gauthier said he is pretty confident about it to the east with the big street, landscaping, two walls and the canal. There will be a lot of decel lanes coming off of Gosford and from a circulation point, it is pretty wired. Commissioner Sprague stated that if there are gas islands, he would like the headlights shielded. Mr. Gauthier asked if he would like the same conditions as Ralph's on Stockdale Highway? Commissioner Sprague said he thinks it would be proper. Commissioner Sprague asked about bike racks and would like to have an answer by Thursday night about whether or not there will be some. Commissioner Sprague requested a 50-50 blend on evergreen trees in the parking lot so that there would be some green trees in the winter time. Commissioner Blockley asked for clarification of two rules from the Air Pollution Control District. They are: 4102 (District Nuisance Rule) and 4692 (Commercial Charbroiling). This perhaps will answer questions about the fast food pads. Item was continued until Thursday night. The following items are continued until January 16, 2002 5.3a&b) 5.4a&b) 5.5a&b) 5.6) 5.7a&b) 5.8a&b) 5.9a&b) 5.10a, b&c) General Plan Amendment/Zone Chan.qe 02-0837 (Frank Trippichio) (Ward 6) General Plan Amendment/Zone Chan.qe 02-0853 (G.W. Wilson) (Ward 3) General Plan Amendment/Zone Chan.qe 02-0939 (Porter Robertson Eng) (Ward 4) General Plan Amendment 02-0958 (Mclntosh & Associates) (Ward 4) General Plan Amendment 02-0959 (Rosedale Construction Co) (Ward 4) General Plan Amendment/Zone Chanqe 02-0961 (Bakersfield Redevelopment (Ward 2) General Plan Amendment/Zone Chanqe 02-0962 (Mclntosh and Associates) (Ward 6) General Plan Amendment/Zone Chanqe/Chan.qe of Conditions 02-0976 (Towery Homes) (Ward 4) 6. COMMUNICATIONS: None Minutes, PC, December 16, 2002 Page 9 ~COMMISSION COMMENTS: None 8. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE- MEETING: This will be discussed on Thursday night. ADJOURNMEMT: There being no further business to come before the Commission, the meeting was adjourned at 3p.m. Pam Townsend, Recording Secretary January23,2003 STANLEY GRADY, Secretary Planning Director