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HomeMy WebLinkAboutSeptember 13, 2004 PLANNING COMMISSION OF THE CITY OF BAKERSFIELD MINUTES OF SEPTEMBER 13, 2004 - 12:15 pm. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL Present: Commissioners Tragish, Ellison, Gay, Lomas, Spencer Absent: Commissioner Blockley, Tkac Advisory Members: Robert Sherfy, Stanley Grady, Marian Shaw Staff: Marc Gauthier, 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 July 1 and 15, 2004. Commissioner Tragish commented that in the July 1, 2004 Minutes, the last paragraph, four lines down at the end where it states, "She indicated..." but there is no reference to whom is speaking, if it should read, "Staff indicated.." Commissioner Tragish further commented that in the July 15, 2004 Minutes on page 5, Agenda Item 9.2 he abstained from this item, and was not absent as indicated. Group Vote 4.2 Public Hearing Items - None 5. PUBLIC HEARINGS — GENERAL PLAN AMENDMENTS / Land Use Element Amendments / Zone Changes: The following items will be heard on Thursday, September 16, 2004 Minutes, PC, September 13, 2004 Page 2 5.1) General Plan Amendment 04-0870 (Griffin Industries) (Ward 3) Staff report given. Commissioner Ellison proposed a correction to Table A in the Staff Report, page 2, when you quote the Division's reserves in barrels the M stands for thousand instead of million. He further questioned the R-1 zoning and the exemption to the Conditional Use Permit to drill, the compatibility and if at the Tract Map phase the 10 individual drill sites would be addressed? Staff said the mineral rights have to be accommodated or there is no tract. Commissioner Ellison inquired of the significant oil resources and inquired if Mr. Hirsch is preparing the report for the applicant or for the City, to which Staff responded that he is preparing the report for the applicant on this case. Commissioner Ellison inquired of the compatibility of an RMP land use designation and an R-1, to which Staff responded that they are compatible by virtue of the development standards that permits oil drilling to occur in a residential area. No further comments. 5.2a&b) General Plan Amendment/Zone Change 03-1169 (McIntosh &Assoc.) (Ward 6) Staff report given. Commissioner Gay inquired if Staff is recommending the HMR and not the LMR, to which Staff responded in the affirmative. Commissioner Tragish asked for clarification on Staff's report referencing going from high density to LMR, and if Staff really wants an HMR, to which Staff responded that the request is HR to LMR, but Staff is recommending HMR and the motion should read to approve HMR. No further comments. 5.3a&b) General Plan Amendment/Zone Change 04-0436 (The Keith Companies) (Ward 3) Staff report given. Commissioner Gay asked if there is enough significance between the east side and the west side that there is no Hillside requirement on the east side, to which Staff responded in the affirmative. Commissioner Gay further commented about the 20,000 ft. of warehouse where there is a maximum C-2 zoning which seems incongruent. Commissioner Tragish inquired if they are giving up a substantial amount of open space in the trade off for a two-acre park, to which Staff responded that there will be trails on the park site, and is exactly consistent with what was just approved by the City Council. Minutes, PC, September 13, 2004 Page 3 Commissioner Tragish inquired where the re-aligned trails would be, to which Staff responded that they didn't have an overlay for this meeting. No further comments. 5.4a&b) General Plan Amendment/Zone Change 04-0439 (Matt Vovilla, PE) (Ward 7) Requested for consent calendar. Staff report given. Commissioner Gay inquired about the trucking company operating to the east, between the property and the freeway, and if when the City takes this on if semi- trucks will be restricted on McKee Road, to which Staff responded that they have some control in a residential subdivision, and that semi-trucks are not allowed on a local street. Commissioner Gay further inquired that because McKee is a collector, and semi- trucks would be allowed, if there would be a temporary turnaround required knowing that McKee will go around? Staff will provide an answer by Thursday. Commissioner Lomas inquired what will happen to the parcel to the east and how big that parcel is, to which Staff stated that they would presume it would eventually become residential. Commissioner Lomas inquired if the parcel to the east is big enough to warrant sound wall requirements. Staff responded that the parcel to the east might be eight or nine acres. Commissioner Spencer inquired if this east parcel could be included in part of a general plan amendment, to which Staff responded that it was not noticed that way, and therefore it could not be done that way at Thursday's meeting. Commissioner Gay requested that this item be pulled off the consent calendar. No further comments. 5.5a&b) General Plan Amendment/Zone Change 04-0814 (Porter-Robertson Eng) (Ward 4) Staff report given. Commissioner Gay commented that in light of the fact that Staff has received numerous comments from the public that it should be pulled from the Consent calendar. He further commented that it is his understanding that the lot size should not be negotiated, but should just be approved or denied. Staff responded that because it is a GPA the Commission can do whatever it wants. Commissioner Spencer stated that he concurs with Commissioner Gay in that he feels that there will be quite a bit of opposition to this proposal and would not recommend for the consent calendar. Commissioner Lomas stated that her Negative Declaration was not signed, and Staff stated that it would have been prepared by Staff. Minutes, PC, September 13, 2004 Page 4 Commissioners agreed that items 5.5a and 5.5b need to be removed from the consent calendar along with the previous item of 5.4a and 5.4b. No further comments. 5.6a&b) General Plan Amendment/Zone Change 04-0848 (Floyd Hinesley) (Ward 7) Commissioner Tragish recused himself from this item due to what may be an apparent conflict. Staff report given. Commissioner Gay inquired if the landowner to the northeast (trucking company) is part of this GPA as he is concerned if there will be curb and gutter across the front of that piece of property, to which Staff responded that this is a good point. Commissioner Gay requested that this item be removed from the consent agenda so that discussion can take place on a consistent roadway. Commissioner Spencer concurred with Commissioner Gay. Commissioners agreed that this item needs to be removed from the consent calendar. No further comments. 5.7a,b&c) General Plan Amendment/Zone ChangeMilliamson Act Cancellation 04- 0871 (Marino Associates) (Ward 4) Staff report given. Mr. Gauthier asked the Commission to reference Ms. Shaw's memorandum of September 8 in their motion on Thursday. The school has bought the commercial corner. The map shows it being a commercial site but it will be a school. The school district is in agreement with changing the general plan to show it is a school site. The applicant is changing the 1.6 acres that is left to LMR for a subdivision. The big part of the project is R-IA to LR which is 80 acres in size and consistent to both east and west of the project site. This is the last ag designation for about 10 square miles. If the Williamson Act is not cancelled, building will go on all around it, west of there, and it will be sitting there waiting for ten years to non-renew. Commissioner Lomas asked for clarification on the Williamson Act. At what point do they need out of the contract? Staff said prior to development. She also inquired when an EIR is required based on the acreage, and Staff responded that there has to be a line drawn and the 80 acres is in accordance with our policy. Commissioner Spencer inquired if on the traffic comments, under the local mitigation measure on Exhibit A-1, if they can change the language which reads: "An estimate and fee schedule should be developed," to read "shall be developed by the applicant," to which Staff responded in the affirmative. Commissioner Spencer said that if this change in language can be done he would have no problems putting it on the consent calendar. Minutes, PC, September 13, 2004 Page 5 Commissioner Lomas inquired of the duplicate #5 in the Exhibits. She further inquired about Exhibit A-1, Traffic #1, which states, "Construct roadway improvements along subject sites frontage", where the "frontage" is. Staff responded that frontage would be whatever major street abounds the project and in this case could be both Allen and Kretzmier. Commissioner Lomas asked that this language be cleaned up a little bit. Staff advised that there is a memoranda dated September 8, 2004 and September 13, 2004, with a recommended condition regarding the reservation of a fire station prior to recordation of map, and would need to be included as part of the motion. No further comments. 6. PUBLIC HEARINGS — GENERAL PLAN AMENDMENTS / Land Use Element Amendments / Zone Changes/Circulation Element Amendments: The following items will be heard on Thursday, September 23, 2004 6.1) General Plan Amendment 04-0821 (Porter-Robertson) (Ward 7) Commissioner Tragish recused himself due to conflict of interest. Staff report given. No commissioner comments. This will remain on the consent calendar and be heard on Thursday, September 23, 2004. 6.2) General Plan Amendment 03-0368 (Castle and Cooke CA, Inc) (Ward 4) Staff report given. Commissioner Gay inquired if Renfro is downsized from arterial to collector if it will modify the intersection to the point that everything lines up arterial to collector, to which Staff responded that there will be alignment of the intersection. Commissioner Gay further inquired about the potential for circulation problems if Renfro is decreased, to which Staff responded that it should be sufficient, but they will confirm with traffic. Staff noted that the recommendation includes removal of a few items. Commissioner Ellison inquired if any bike lanes are being eliminated with this GPA, to which Staff responded that when 8 gets removed it will remove it as Class II. Staff stated that they would like to rewrite the motion for Thursday. Commissioner Spencer inquired if there is any correspondence from the County in regards to deleting the collector along the canal, to which Staff responded that he has not had any conversation from the County on this, but that Jack La Rochelle has been dealing with the applicant and the County on this. No further comments. Minutes, PC, September 13, 2004 Page 6 6.3) General Plan Amendment 04-0878 (Pinnacle Engineering) (Ward 3) Staff report given, noting that there will be an addition to the motion to include the September 10 memo from Marian Shaw. Commissioner Gay noted that no comment is made of Masterson Paladino in the southeast corner of this project and Masterson and Panorama, (the east side of the PUD) and inquired if they are part of the transportation element and not required to be specifically listed, to which Staff responded that they were conditioned with the underlying GPA. Staff will check on this. Commissioner Gay noted that Exhibit 3 is only a proposed site plan, and inquired if it will come before the Commission again for a PUD, to which Staff responded in the affirmative. Commissioner Lomas inquired what Vineland is north of Panorama and south of 178, to which Staff responded that Vineland north of 178 is an arterial, and would be the same south of 178. Commissioner Tragish inquired if the Class II bike lanes are being moved over to Vineland Road, to which Staff responded in the affirmative. Commissioner Ellison requested that this item be removed from the consent calendar. Commissioner Gay concurred. No further comments. 6.4a&b) General Plan Amendment/Specific Plan Line Amendment 04-1037 (City of Bakersfield) (Ward 3) Staff report given. No Commissioner comments. This item will remain on the consent calendar. 6.5) General Plan Amendment 04-0998 (SmithTech Inc.) (Ward 4) Staff report given. No commissioner comments. This item will remain on the consent calendar. 6.6a&b) General Plan Amendment/Zone Change No. 04-0876 (GVA Development Corp) (Ward 7) Staff report given. Commissioner Gay stated that he would like to discuss this on Thursday night as he believes there are some safety issues with respect to the signal light and the high school. Commissioner Tragish inquired if Mr. Walker would be able to discuss this issue, as well as traffic, on Thursday evening. Mr. Walker responded that they will have a memo of explanation. Minutes, PC, September 13, 2004 Page 7 Commissioner Lomas inquired if there is a condition for a full buildout on Arkwood to which Staff responded that a request had been made that the complete dedication be made prior to the approval of any subsequent development plan or subdivision map. Commissioner Lomas inquired what would happen if it came in at one-bedroom, to which Staff responded that the site plan would be approved no matter what the over parking number is. Commissioner Gay requested that this item be removed off the consent calendar. Commissioners Tragish and Spencer concurred as well. 6.7a&b) General Plan Amendment/Zone Change No. 04-0879 (Delmarter& Deifel) (Ward 6) Staff report given. No Commissioner comments. This item is left on the consent calendar. 6.8 a&b) General Plan Amendment/Zone Change No. 04-0885 (Castle & Cooke CA, Inc,) (Ward 4) Staff report given. Commissioner Tragish commented that Castle & Cooke's argument is that if we have the bridge it will actually create a dangerous situation, because they will have to cross an arterial. Staff responded by saying that it is non-sensical because there will be a signalized crossing. Commissioner Tragish inquired if the Commission has the power if in approving it is required that the applicant put a grade zero to Stockdale Highway which would cut out their argument for a potentially dangerous traffic condition. Staff responded that the Commission would have to develop the argument and basis for requiring the applicant to build a bridge over Stockdale Highway. Commissioner Gay inquired if they gave a signal under the word Stockdale on the diagram going the other way, to which Staff responded they were not sure. Commissioner Gay suggested that depending on whether it's a one or full access they might be able to go the other way with it. No further Commissioner comments. This item is not on the consent calendar. 7. COMMUNICATIONS: Staff noted that there is a memo from the Developmental Services Director that transmits the actions the council took on those referred to them by the Commission. Staff further indicated that the items coming up on September 16th, the hearing date is already set for those items, and will go in front of the City Council on October 20th. The meeting of September 23rd has a hearing date in front of City Council on November 3rd. Staff indicated that there is no opportunity for continuances before those Council hearings. Commissioner Tragish inquired about the landscaping committee to which Staff responded that they can meet with the committee. Minutes, PC, September 13, 2004 Page 8 Commissioner Lomas commented that the last landscaping committee discussed trees and possibly increasing instead of 1 tree per home to 2 trees to increase the coverage. She indicated that she would like to continue to meet. 8. (COMMISSION COMMENTS: None. 9. ADJOURNMEMT There being no further business to come before the Commission, the meeting was adjourned at 1:59 p.m. Pam Townsend, Recording Secretary STANLEY GRADY, Secretary Planning Director