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HomeMy WebLinkAboutJune 16, 2004 PLANNING COMMISSION OF THE CITY OF BAKERSFIELD MINUTES OF JUNE 16, 2004 - 12: 16 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL Present: Commissioners Gay, Ellison, Lomas, Spencer, Tragish, Absent: Commissioner Blockley, Tkac Advisory Members: Robert Sherfy, Marc Gauthier, Marian Shaw, Phil Burns Staff: Wayne Clausen, Pam Townsend 2. PLEDGE OF ALLEGIANCE: 3. PUBLIC STATEMENTS - None 4. CONSENT CALENDER: 4.1 Non-Public Hearing Items 4.1 a Approval of minutes for Planning Commission meetings of May 6, 2004. Motion made by Commissioner Ellison, seconded by Commissioner Gay, to approve the non-public hearing portion of the consent agenda. 4.2 Public Hearing Items 4.2a&b Continue General Plan Amendment/Zone Change 03-1169 until September 16, 2004 (McIntosh &Associates) (Ward 6) 4.2c&d Approval of General Plan Amendment/Zone Change 04-0422 (SmithTech, USA Inc) Public portion of the hearing opened. No one spoke from the audience. Commissioner Spencer requested that Consent Agenda Item 4.2c&d be pulled from the Consent Agenda. There were no other Commission comments. Public hearing remained opened. Motion made by Commissioner Gay, seconded by Commissioner Ellison, to approve the public hearing portion of the consent agenda with the exception of items 4.2c&d which will be heard in their regular place in the agenda.. Minutes, PC, June 16, 2004 Page 2 Agenda item 5.5 was moved up on the agenda and will be heard at this time. 5.5 General Plan Amendment 04-0457 (City of Bakersfield) (Ward 3) Public portion of the hearing opened. Staff report given recommending approval. Mr. Curt Sickels with Stockdale Oil and Gas spoke against the project. Mr. Sickels said the Division of Oil and Gas has written negative comments about the project. One of the comments regarded the fact that this project goes through an active oil field. It goes directly through four of Stockdale's Oil and Gas wells causing them financial hardship if they had to protect their land and the wells. He feels that it would be much better going due south on the realignment dumping them on Comanche further south. Commissioner Tragish asked Mr. Sickels to show the Commission where the active oil fields are. He said he has a copy showing the realignment going through the oil fields that was prepared by the Division of Oil and Gas, State of California. Mr. Sickels then showed the Commission where they are located. No one else spoke in opposition. The following spoke in favor of staff's recommendation: Randy Stinert, President of the Rio Bravo Golf Course Homeowner's Association, representing all of the homeowner's associations in the area stated they are very pleased that the realignment is taking place. They feel it will be a benefit to their community and future negotiations with developers within the community to promote adequate traffic flow. They commend the staff and those that worked on the realignment and think it is very well done. Tom Fallgatter, representing GFC Properties, said they are in support of this realignment. Kelly Lucas, Bill Pruitt and Pam Pruitt all stated they are in agreement with the realignment. Mr. Lucas presented a letter in support of the realignment to the Commission' Public hearing closed. Commissioner Ellison said this plan is a big step for the solution to circulation in that area. He is in full support of it but he wished to address Mr. Sickels' questions and concerns with questions to staff. Commissioner Ellison asked Ms. Shaw about her memo that stated there may be minor variations from the alignment and wondered if that also would apply to oil related facilities? Ms. Shaw said yes. Commissioner Ellison asked how much latitude there is? Ms. Shaw said that she would rather not say there is a specific amount of latitude. They will have to come back and adopt a specific plan line for this route since it is not on a section line. They will accommodate the existence of oil or water wells that might be in the area at that time. Commissioner Ellison asked if the BLM was contacted and if they had any comments? Mr. Gauthier said he did not think they were contacted but they will be contacted when the specific plan line comes back for approval. Commissioner Ellison said he is in full support of this project. He feels the oil operations will be adequately addressed during the specific plan line. Commissioner Gay said he wholeheartedly supports this and thanked everyone for their hard work getting it together so quickly. Minutes, PC, June 16, 2004 Page 3 Motion made by Commissioner Gay, seconded by Commissioner Spencer, 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 add a collector designation for the new alignment for Miramonte Drive to extend and meet with Chase Avenue and approving a new collector segment to extend to the east from Miramonte Drive as shown on Exhibit A including the memo dated June 15, 2004 with modification of conditions and recommend the same to the City Council. Motion carried by the following roll call vote: AYES: Commissioner Ellison, Gay, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioners Blockley, Tkac 5. PUBLIC HEARINGS — GENERAL PLAN AMENDMENTS / Land Use Element Amendments / Zone Changes/Circulation Element Amendments: 5.1a&b) General Plan Amendment/Zone Change 04-0410 (Porter-Robertson) (Ward 4) Commissioner Gay declared a conflict of interest on this project. Public portion of the hearing opened. Staff report given recommending denying the request for the land use element and approving LI. A recommendation of approval for the zone change was made with the inclusion of memos dated June 3 and June 10 which must be referenced in the motion. A memo from Stan Grady is also included to state the motion and represents what staff is recommending. No one spoke in opposition. Roland VanDeValk, representing Porter-Robertson, stated they are in full support of staff's recommendation and he is available for any questions. Public portion of the hearing closed. Motion made by Commissioner Spencer, seconded by Commissioner Lomas, to approve and adopt the resolution making findings approving the Negative Declaration and staff recommendation to disapprove the SI (Service Industrial) land use designation and approving the change from GC (General Commercial) to LI (Light Industrial) on 7.1 acres as shown on Exhibit A-2 and recommend same to the City Council including the memorandums from the Planning Director dated June 3, 10 and 15 and recommend same to the City Council. Motion carried by the following roll call vote: AYES: Commissioner Ellison, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioners Blockley, Gay, Tkac Motion made by Commissioner Lomas, seconded by Commissioner Spencer, to adopt a resolution, making findings approving the Negative Declaration, approving the zone change from C-2 (Regional Commercial) to M-1 (Light Manufacturing) on the entire 13.18 acre site and reference the memos from Stanley Grady's dated June 3, 10 and 15 and recommend the same to the City Council. Motion carried by the following roll call vote: Minutes, PC, June 16, 2004 Page 4 AYES: Commissioner Ellison, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioners Blockley, Gay, Tkac 5.2a&b) General Plan Amendment/Zone Change 03-1169 (McIntosh &Associates) (Ward 6) See Consent Agenda. 5.3a&b) General Plan Amendment/Zone Change 04-0422 (SmithTech, USA Inc) (Ward 6) Public portion of the hearing opened. Staff report given recommending approval including the memorandum from Marian Shaw dated June 1. No one spoke in opposition. Bob Smith, representing the applicant, stated they agree with staff's recommendation. Public portion of the hearing closed. Commissioner Spencer said he opposes this project because it is located adjacent to a sewer plant. Commissioner Ellison said he was very pleased with the ag land report and shares some of the same concerns as Commissioner Spencer has regarding the sewer plant but since there is a '/ mile separation he would be in support of the amendment. Commissioner Gay asked how the land is handled to the west of the project site if they come in requesting residential? Mr. Gauthier said that Public Works is stating that they would accept at least two major categories of land use there - one industrial and one commercial. Commissioner Tragish said he agrees with Commissioner Gay and Ellison. He doesn't see anything in the record that says there is a problem, therefore, he agrees with his fellow Commissioners. Motion made by Commissioner Lomas, seconded by Commissioner Gay, to adopt resolution making findings, approving the negative declaration and approving the requested general plan amendment to change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on approximately 77 acres as shown on Exhibit A-2 attached to draft resolution and recommend same to City Council incorporating the June 1 memo from Marian Shaw. AYES: Commissioner Ellison, Gay, Lomas, Tragish NOES: None ABSTAIN: Commissioner Spencer ABSENT: Commissioners Blockley, Tkac Minutes, PC, June 16, 2004 Page 5 Commissioner Spencer said his reason for abstaining is because of its close proximity to the sewage treatment plant. Motion made by Commissioner Lomas, seconded by Commissioner Gay, to adopt resolution making findings, approving the negative declaration and approving the zone change from A (Agriculture) to R-1 (One Family Dwelling) on 77 acres as shown on Exhibit A-2 attached to draft resolution and recommend same to City Council incorporating the June 1 memo from Marian Shaw. AYES: Commissioner Ellison, Gay, Lomas, Tragish NOES: Commissioner Spencer ABSENT: Commissioners Blockley, Tkac Commissioner Spencer said his explanation is the same as stated above. 5.4a&b) General Plan Amendment/Zone Change 04-0423 (SmithTech, USA Inc) (Ward 1) Public portion of the hearing opened. Staff report given recommending approval including the memorandum from Marian Shaw dated June 1 adding five conditions of approval and a memo dated June 15 from Public Works clarifying some issues raised by Commissioner Gay in regards to off-site access improvements. No one spoke in opposition. Bob Smith, representing the applicant, stated he did not receive a copy of the June 1 memo. He requested that condition la states that instead of "along with submittal of any development plan, tentative subdivision map or application for lot line adjustment..." if they can change that to "prior to submittal of improvement plans..." Ms. Shaw said that would be fine with Public Works. Mr. Smith agreed with the June 15th memo also. Public portion of the hearing closed. Commissioner Gay had a concern about getting pedestrians off of the street right-of-way and whether there would be a safety issue with children going to school? Mr. Walker said the additional paving would be required up front with first development and that Ms. Shaw's memo of June 15 addresses partially. The additional lane and width described by Ms. Shaw would provide a minimal pedestrian access area immediately adjacent to the travel lane. This is considered "minimal adequate" and allowed by the California Vehicle Code for pedestrian usage. It certainly is not desirable. It would be desirable to have an actual pedestrian path or sidewalk area along with especially because of the schools to the west and the size of the residential development. It would be appropriate for the Commission to ask for sidewalks. With the sidewalk, you would need curb and gutter, which would be a full width street. Commissioner Gay asked Mr. Smith if the property owner would be agreeable to the request for sidewalk 217 feet from the site westerly to Union Avenue? Mr. Smith said he would like to propose an asphalt pedestrian path as opposed to curb, gutter and sidewalk. They could do the additional lane proposed by traffic and have a separate pedestrian path. Commissioner Lomas said she shared Commissioner Gay's concerns and would rather it be sidewalk, curb and gutter and suggested that continuing the item so that the engineer would have time to talk to the applicant. Minutes, PC, June 16, 2004 Page 6 Break taken. Mr. Smith said his clients are willing to do curb, gutter and sidewalk but if they are not able to obtain the right-of-way, the city helps as far as condemnation. Ms. Shaw said they can add their standard wording as to eminent domain proceedings. Motion made by Commissioner Gay, seconded by Commissioner Lomas, to adopt resolution making findings, approving the negative declaration approving a general plan amendment to change the land use designation from SR (Suburban Residential) to LR (Low Density Residential) on 60 acres as shown on Exhibit 2a attached to the draft resolution incorporating the memos from June 1 from Marian Shaw and June 15 from Stan Grady and also modifying the June 1 memo that paragraph one would state "prior to submittal of any improvement plan.... " and in memo dated June 1, 2004 item la striking Buena Vista Road and adding the condition that the applicant will improve Panama Lane from the site to Union Avenue to city standards with curb, gutter and sidewalk and make the same recommendation to the City Council. Motion carried by the following roll call vote: AYES: Commissioner Ellison, Gay, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioners Blockley, Tkac Motion made by Commissioner Gay, seconded by Commissioner Lomas, to adopt resolution making findings, approving the negative declaration approving a zone change from E (Estate) and A-20-A (Agricultural-20 acre minimum) to R-1 (One Family Dwelling) zone on 60 acres as shown on Exhibit 2 attached to the draft resolution incorporating the memos from June 1 from Marian Shaw and June 15 from Stan Grady and also modifying the June 1 memo that paragraph one would state "prior to submittal of any improvement plan.... " and in memo dated June 1, 2004 item 1 a striking Buena Vista Road and adding the condition that the applicant will improve Panama Lane from the site to Union Avenue to city standards with curb, gutter and sidewalk and make the same recommendation to the City Council. Motion carried by the following roll call vote: AYES: Commissioner Ellison, Gay, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioners Blockley, Tkac 5.5 General Plan Amendment 04-0457 (City of Bakersfield) (Ward 3) Moved to the beginning of the agenda. 6. These items will be heard on Thursday at 5:30 p.m. 7. COMMUNICATIONS: None. Minutes, PC, June 16, 2004 Page 7 8. (COMMISSION COMMENTS: Commissioner Ellison stated that he did not make motions tonight as he is waiting to hear from the City Attorney whether or not it is legal for him to do so since he is Vice-Chair. Commissioner Tragish asked Robert Sherfy if he would have a ruling on that by the next night's meeting. He said yes. 9. ADJOURNMEMT There being no further business to come before the Commission, the meeting was adjourned at 6:44 p.m. Pam Townsend, Recording Secretary MARC GAUTHIER, Principal Planner August 10, 2004