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HomeMy WebLinkAboutMarch 17, 2003ROLL CALL Present: Absent: Council Chambers, City Hall, 1501 Truxtun Avenue Commissioners Ellison, Gay, McGinnis, Tragish, Tkac, Commissioner Blockley Advisory Members: Ginny Gennaro, Stanley Grady, Marian Shaw, Phil Burns Staff: Marc Gauthier, Pam Townsend PLEDGE OF ALLEGIANCE: PUBLIC STATEMENTS: None CONSENT CALENDAR: 4.1 Non-Public Hearing Items 4.1a Approval of minutes for Planning Commission meetings of February 15 and 20, 2003. There were no Commissioner comments. Items will be voted on Thursday night. 4.2 Public Hearing Items None PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS / Circulation Element Amendments: 5.1) General Plan Amendment 01-1023 (David Dmohowski) (Ward 4) Staff report given recommending approval. Commissioner Tragish asked if the applicant owned all of the property along the proposed alignment? Mr. Gauthier said that not all of the property is owned by Shell. Commissioner Tragish asked if the city would have to get easements and dedications through this neighborhood if this were approved? Mr. Gauthier said yes. Commissioner Tragish asked if the individual properties would have a document recorded showing that there is an intent to realign Landco through their property? Ms. Shaw said that not without a revised Specific Plan Line. Mr. Gauthier said this will not have one. This is a Circulation Element Amendment and will not be a specific plan line. Commissioner Tragish asked if the landowners would have to make a disclosure to any prospective purchasers of the property? Mr. Gauthier said he did not know. Commissioner Tragish Minutes, PC, March 17, 2003 Page 2 asked if this is going to be built within the next five years. Mr. Gauthier said no. Commissioner McGinnnis asked if all of the property owners have to agree to the alignment? Mr. Gauthier said no. The city has the power to change the general plan without permission. Commissioner McGinnis asked if there were any other complaints from any other property owners besides one? Mr. Gauthier said no and that Ms. Shaw will respond to his concerns on Thursday night. Commissioner Gay declared a conflict of interest on this project. Commissioner Tragish asked what the feasibility is of developing the land through this corridor? Mr. Gauthier said the probability for development is really good. It will be worth a lot of money some day. There were no other Commission questions. Item will be voted on Thursday night. 5.2) General Plan Amendment 03-0008 (Mclntosh & Associates) (Ward 3) Staff report given recommending approval of the project with conditions. Applicant has requested that this be placed on the consent agenda. Commissioner Gay asked what dictates the dwelling unit figures that are being used to determine signalization? Mr. Gauthier said the figure is 50 percent of the buildout. Commissioner Gay asked why this didn't follow the section line? Ms. Shaw said Queen Street is on the section line. There were no other Commission questions. Item will be voted on Thursday night. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS / Land Use Element Amendments: 6.1) 6.2) 6.3) General Plan Amendment 02-1158 (Castle & Cooke CA Inc) (Ward 5) Staff report given recommending approval of the project. There were no Commission questions. Item will be voted on Thursday night. General Plan Amendment 03-0012 (David Dmohowski) (Ward 7) Staff report given recommending approval of the project. There were no Commission questions. Item will be voted on Thursday night. General Plan Amendment 03-0090 (West Star Construction) (Ward 3) Staff report given recommending approval of the project. Commissioner Gay asked if the adjacent property will go to HMR since the same owner has it? Mr. Gauthier said that that piece would be much more difficult to develop because of the large PG&E tower. Commissioner Tragish asked if the new four-plex ordinance has been approved by City Council? Mr. Gauthier said yes and this project would come under its new standards. Minutes, PC, March 17, 2003 Page 3 There were no other Commission questions. Item will be voted on Thursday night. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS / Land Use Element Amendments / Zone Chanqes: 7.la&b) General Plan Amendment/Zone Chanqe 02-0641 (Milazzo & Associates) (Ward 6) Staff report given recommending the project be denied due to the amount of commercial property already in the area. Commissioner Tragish declared a conflict of interest on this project. Commissioner Gay said that not all of the projects will be built commercially and that they will probably see them back at a future date. There were no other Commission questions. Item will be voted on Thursday night. 7.2a&b) General Plan Amendment/Zone Chanqe 02-1144 (David Dmohowski) (Ward 3) Staff report given recommending approval of the project. Commissioner McGinnis asked if this applicant would have to contribute to the signal at Miramonte when it is built? Ms. Shaw said if the Miramonte signal is on the impact fee list, they will be contributing through the impact fee through each house. Commissioner McGinnis asked where we draw the line about making an applicant pay their share of the signal since they contribute to the problem at 178 and Miramonte? Mr. Gauthier said that perhaps they can put a condition on that they pay the same per lot share that the tract to the north is going to end up paying. Commissioner Tragish reaffirmed his understanding that since this tract has already been approved that there is no way we can place a condition on it to help pay for the signal. Mr. Grady said that is correct. If it is an approved Vesting Tract they cannot go back and place another condition on it. They will let the Commission know by Thursday. Commissioner Gay asked if an assessment district is the only way that all the homeowners in the Rio Bravo area could help pay for the signal? Ms. Shaw said yes. Commissioner Gay asked how the tract map was approved prior to the general plan and zone change? Mr. Gauthier said he would have an answer by Thursday. There were no other Commission questions. Item will be voted on Thursday night. 7.3a&b General Plan Amendment/Zone Chanqe 02-1248 (Porter-Robertson Eng) (Ward 4) Staff report given recommending approval of the project. Minutes, PC, March 17, 2003 Page 4 7.4a&b) 7.Sa&b) 7.6a&b) 7.7a&b) Commissioner Tragish said he has a problem with leap frog development. Mr. Gauthier said this isn't leap frog development. Mr. Gauthier pointed out all of the many approved projects in the area. Commissioner Gay also pointed out other approved tracts in the area. There were no other Commission questions. Item will be voted on Thursday night. General Plan Amendment/Zone Chanqe 03-0002 (Porter-Robertson) (Ward 7) Staff report given recommending approval of the project. Commissioner Gay asked if the county has a code enforcement department? Mr. Burns said yes they do. There were no other Commission questions. Item will be voted on Thursday night. General Plan Amendment/Zone Chanqe 03-0005 (Gh. Mollagha Semi Tagrizi) (Ward 7) Staff report given recommending approval of the project. Commissioner Gay asked if these are four-plexes? Mr. Gauthier said yes and they will have to comply with the new standards. Commissioner Gay asked if there would be a block wall against the single family residences? Mr. Grady said that this has an alley between the two so a wall would not be required. There were no Commission questions. Item will be voted on Thursday night. General Plan Amendment/Zone Chanqe 03-0009 (Mclntosh & Associates) (Ward 5) Staff report given recommending approval of the project. Commissioner Tragish said he feels there should be a PCD placed on the project. Mr. Gauthier said that that is possible but unless there is something specific that the Commission would like the city to look at, he feels that it is not necessary. This will go through site plan review and the overlay takes more time. Commissioner Tragish said that the neighborhood looks to be going single family and he doesn't want to give it a C-2 zoning with no restrictions. Commissioner Gay agreed with Commissioner Tragish. There were no other Commission questions. Item will be voted on Thursday night. General Plan Amendment/Zone Chanqe 03-0047 (City of Bakersfield) (Ward 4) Staff report given recommending approval of the project. Commissioner Gay asked why the lots were going down to 10,000 sq.ft, instead of 14,000 sq.ft, so that it would match everything to the west? Mr. Gauthier said staff does not try to match up lot sizes. The Planning Commission or City Council usually Minutes, PC, March 17, 2003 Page 5 makes that determination. It may be a good idea and the Commission could discuss it on Thursday night. 10. Commissioner Tragish asked if the ER designation permits animals? Mr. Gauthier said it is the zoning that permits animals and right now they have large hoofed animals out there. There were no other Commission questions. Item will be voted on Thursday night. COMMUNICATIONS: None COMMISSIONER COMMENTS: Commissioner McGinnis asked if the applicants should be informed that the Commission will be down to four on some of the items and that it might create problems? Mr. Grady said the applicants would know that when the came in the room but that staff could call them. The projects would need all four affirmative votes for approval. If there are not enough Commissioners seated to hold action, the project would be held over to the next meeting. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE- 11. MEETING: This will be discussed on Thursday. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned at 1:20 p.m. Pam Townsend, Recording Secretary April 22, 2003 STANLEY GRADY, Secretary Planning Director