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HomeMy WebLinkAboutJuly 15, 2004 PLANNING COMMISSION OF THE CITY OF BAKERSFIELD MINUTES OF JULY 15, 2004 - 5:30 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL Present: Commissioners Tragish, Ellison, Blockley, Gay, Lomas, Spencer, Tkac Absent: None Advisory Members: Robert Sherfy, Stanley Grady, Jim Holladay, Jack Leonard Staff: Louise Palmer, Pam Townsend 2. PLEDGE OF ALLEGIANCE: 3. PUBLIC STATEMENTS - None 4. CONSENT CALENDAR: 4.1 Non-Public Hearing Items 4.1 a Approval of minutes for Planning Commission meetings of May 20 and June 3, 2004. 4.1 b Approval of a Public Resources Code Section 21151.2 review for the new Norris School District site at the southeast corner of Old Farm Road and Mezzadro Avenue. (Norris School District) (Exempt from CEQA) (Ward 4) Motion made by Commissioner Ellison, seconded by Commissioner Tkac, to approve the non- public hearing portion of the Consent Calendar. Motion carried by group vote. 4.2 Public Hearing Items 4.2a Continue indefinitely Tentative Tract Map 6320 (Ward 5) 4.2b Approve continuance until August 5, 2004 of Extension of Vesting Rights for Tract 6111 Phases 1-3 (McIntosh and Associates)(Ward 4) 4.2c Approve continuance until August 5, 2004 of Extension of Vesting Rights for Tract 6127 Phases 1 and 2 (McIntosh and Associates) (Ward 4) 4.2d Approve continuance until August 5, 2004 of Extension of Vesting Rights for Tract 6128 Phases 1-6 (McIntosh and Associates) (Ward 4) 4.2e Approve Zone Change No. 04-0551 (SmithTech USA, Inc.) (Ward 4) Minutes, PC, July 15, 2004 Page 2 Public portion of the hearing opened. No one spoke either for or against the projects. Public portion of the hearing closed. Mr. Grady stated that items 4.2b, 4.2c & 4.2d should be continued until August 19th instead of August 5, 2004. Public hearings on these items will remain open. Commissioner Spencer requested that Consent Agenda Item 4.2e be removed from the Consent Agenda. There were no other Commission comments. Motion made by Commissioner Tkac, seconded by Commissioner Ellison, to approve the public hearing portion of the Consent Calendar. Motion carried by group vote. 5. PUBLIC HEARINGS - EXTENSION OF VESTING RIGHTS 5.1 Extension of Vesting Rights for Tract 6111 Phases 1-3 (McIntosh and Associates) (Ward 4) See Consent Agenda 5.2 Extension of Vesting Rights for Tract 6127 Phases 1 and 2 (McIntosh and Associates) (Ward 4) See Consent Agenda 5.3 Extension of Vesting Rights for Tract 6128 Phases 1-6 (McIntosh and Associates) (Ward 4) See Consent Agenda 6. PUBLIC HEARING —Comprehensive Sign Plan No. 04-0732 (Delmarter& Deifel) (Ward 7) Public portion of the hearing opened. Staff report given recommending approval of staff's recommendation subject to the conditions contained in the staff report. Carlos Sanchez spoke in opposition of staff's recommendation. He said their client's want to use parcels 7, 8 & 9 for a car dealership and are requesting one 30-foot pylon sign on lot number 9. They are in agreement with the rest of the pylon signs staying at 15 feet. Public portion of the hearing closed. Commissioner Gay said he was not in favor of the 15-foot pylon signs when this project was first approved and is not in favor of approving the 30-foot sign. Commissioner Tragish said he agrees with Commissioner Gay. Motion made by Commissioner Gay, seconded by Commissioner Tkac, to adopt the attached resolution with all the findings approving the Comprehensive Sign Plan 04-0732 as conditioned by staff. Motion carried by the following roll call vote: Minutes, PC, July 15, 2004 Page 3 AYES: Commissioners Blockley, Ellison, Gay, Lomas, Spencer, Tkac, Tragish NOES: None ABSENT: None 7. PUBLIC HEARING —Tentative Parcel Map 10834 (Ward 5) Public portion of the hearing opened. Staff report given recommending approval with conditions contained in the staff report and a memorandum from Marian Shaw dated July 14 revising condition number 8. No one spoke in opposition to staff's recommendation. Roger McIntosh, representing Castle and Cooke, CA, said they have reviewed the staff report and subsequent memo and concur with all the recommendations. Public portion of the hearing closed. There were no Commission comments. Motion made by Commissioner Ellison, seconded by Commissioner Lomas, to approve and adopt the Negative Declaration and to approve Vesting Tentative Parcel Map 10834 with findings and conditions set forth in the attached resolution Exhibit A including the memorandum from Marian Shaw dated July 14, 2004. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Gay, Lomas, Spencer, Tkac, Tragish NOES: None ABSENT: None 8. PUBLIC HEARING —Tentative Tract Map 6320 (Ward 5) See Consent Agenda 9. PUBLIC HEARINGS —ZONE CHANGES 9.1 Zone Change No. 04-0551 (SmithTech USA, Inc.) (Ward 4) Public portion of the hearing opened. Staff stated they are prepared to answer any questions based on the item being removed from the consent agenda. No one spoke in opposition. Bob Smith, representing the applicant, said they are in agreement with staff's conditions and that the property is SR (Suburban Residential) in the general plan and is adjacent to a piece of property that has been general planned and zone changed which they are now processing a tentative map on at this time. The city has built out to Snow Road and the property to the east of Calloway is developed with housing and they believe this property is ready for development. It will be farmed until all the approvals are in place which they estimate to be a year. Public portion of the hearing closed Minutes, PC, July 15, 2004 Page 4 Commissioner Spencer said he is in favor a retaining agricultural lands. He feels this site is leap frogging to the west of Calloway even though there is development occurring on the east side of Calloway, the majority of the lands that are even further east of Calloway, are under agricultural development. He does not see how we can arbitrarily extend urban development into a situation that is surrounded by agricultural uses. Condition number 14, Chapter 5, of the general plan gives all kinds of reasons why not to extend services beyond the capability of city services. Commissioner Gay said he would concur with Commissioner Spencer in some cases but in this case, it was planned by the county about eight years ago. The farmer has sold this property and Commissioner Gay said he supports staff's recommendation. Commissioner Tkac said this is a fallow piece of dirt and forcing someone to farm and not make much money is not right. This has been planned for some time and will put more money into city coffers for services. Commissioner Blockley said he is in support of staff's recommendation. This is for a zone change. It is not a parcel map and has not been annexed. The property to the west is going through that process right now. Projects are being built south of the site and he does not feel this is leap frog development. Commissioner Ellison said he spoke out against the zone change for the property to the west because it was an irregular shape of property sitting straight up setting the precedent for further zone changes. Since that time, he has reconsidered his position on zone changes in this area coming to the realization the City is moving in that direction. He is in favor of this zone change as proposed by staff. His regret is that it is not coming in as a master plan where all the environmental impacts can be looked at at once. Commissioner Tragish asked if the owner of this property owns any other property in the area? Mr. Grady said he doesn't have that information. Commissioner Tragish said he is not willing to support this project at this time. Development is inevitable in the area but he thinks this is too soon. Motion made by Commissioner Tkac, seconded by Commissioner Ellison, to adopt resolution making findings approving the negative declaration, approving the zone change from A (Agriculture) to E (Estate) on 75 acres as shown on Exhibit A-2, attached to the draft resolution and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Gay, Lomas, Tkac NOES: Commissioner Spencer, Tragish ABSENT: None Commissioner Spencer said he voted no because it is a fractured development. It is not considered infill at this time. Commissioner Tragish said he opposes this zone change because he believes there has not been a thorough enough discussion regarding the policies of the general plan in conjunction with this particular application. He feels that at this time, it does not lend itself to orderly development. Minutes, PC, July 15, 2004 Page 5 9.2 Zone Change No. 04-0650 (Porter-Robertson Eng.) (Ward 3) Commissioner Tragish abstained from this project. Commissioner Ellison took over as Chairman. Public portion of the hearing opened. Staff report given recommending approval. No one spoke in opposition to the project. Roland VanDeValk said they are in support of staff's recommendation. Public portion of the hearing closed. Commissioner Ellison said he was in favor of the Tentative Tract Map 6202 and is in favor of the zone change. Motion made by Commissioner Spencer, seconded by Commissioner Lomas, to approve the requested zone change with the findings and conditions as set forth in the resolution and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Gay, Lomas, Spencer, Tkac NOES: None ABSENT: Commissioner Tragish 10. COMMUNICATIONS: Mr. Grady said the Commission received the EIR for Allen Road Bridge which will come up for hearing August 5. 11. COMMISSION COMMENTS: Commissioner Tkac asked if staff had an updated boundary map or a sphere of influence map? Mr. Grady said we have a map for both and will provide them to the Commission. Commissioner Gay requested that perhaps staff could provide a workshop for the Commission so they will know how to handle fragmented projects like the ones coming in now instead of the large Castle & Cooke master planned communities. Mr. Grady said that if the sphere of influence amendment is not approved there will be a lot of fragmented projects coming in. Mr. Grady said there isn't anything wrong with coming in with small projects. That's the way it happens in most large communities which does not enjoy what Bakersfield has which is land available in large quantities that can be assembled under one ownership and master planned such as RiverLakes. Commissioner Tragish said he would be interested in learning more about the property north of Snow Road and south of Taft Highway. Commissioner Blockley said that he feels Bakersfield is fortunate to have something like Castle Minutes, PC, July 15, 2004 Page 6 and Cooke in the area that plans master communities. Commissioner Tragish asked Mr. Grady about having a workshop. Mr. Grady said he can do whatever the Commission wants but he is not sure about what they are asking. He doesn't know what additional information they need than what is already provided. Commissioner Ellison said what concerns him about the small projects is that if they were to come in 3 or 4 at a time, they might trigger some thresholds in the environmental review where they would get additional mitigation. He feels they owe it to the citizens to make sure they get all of the mitigations they can for traffic, air quality, etc. He asked staff if there are any recommendations for addressing the issue? Mr. Grady said he can look into that to see if he can find an answer that would make it easier for the Commission when they have to deal with those issues. Our practice has always been to use the district's modal and their modal provides for projects to be evaluated on a project-by-project basis. We can see what methodologies they might suggest for looking at areas like this where projects are not coming in under one large land ownership. As far as traffic, there is no issue, we have a program that they participate in regardless of what size the project is that requires them to pay traffic mitigation fees. It is the same with parks, cultural and archaeological issues. They all have to provide the same whether large or small. The real issue is air quality and Mr. Grady said he will provide the Commission with some better information regarding that. Commissioner Gay requested two weeks for the Commission to think about what they want. His thought process is that he looks at the general plan map and if it is pre-zoned or destined to be something, he uses that as his guideline. He said developers have the right to come in with projects under 100 acres. That is the law. They are doing it legally. Commissioner Tragish requested the agenda in two weeks place a subsection under Commission Comments regarding requesting agricultural agenda items so that they can talk about it at that time so the Commissioners will have time to think about what they want staff to present to them to make them more knowledgeable about what's going on north of Snow Road and south of Taft Highway. 13. ADJOURNMEMT: There being no further business to come before the Commission, the meeting was adjourned at 6:34 p.m. Pam Townsend, Recording Secretary STANLEY GRADY, Secretary Planning Director September 9, 2004