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HomeMy WebLinkAboutMarch 17, 2005 PLANNING COMMISSION OF THE CITY OF BAKERSFIELD MINUTES OF THURSDAY, MARCH "17, 2005 - 5:30 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL Present: Commissioners Tragish, Ellison, Blockley, Lomas, Spencer, Tkac Absent: Commissioner Gay Advisory Members: Robert Sherfy, Jim Movius, Marian Shaw, Jack Leonard Staff: Marc Gauthier, Martin Ortiz, Pam Townsend 2. PLEDGE OF ALLEGIANCE: 3. PUBLIC STATEMENTS: None 4. CONSENT CALENDAR: 4.1 Non-Public Hearing Items— None 4.1a Approval of minutes for Planning Commission meetings of February 3, 2005. Commissioner Ellison moved, seconded by Commissioner Spencer to approve the consent calendar, non-public hearing items. Motion carried by group vote. 4.2 Public Hearing Items 4.2a Approval of General Plan Amendment 04-1738 (Signal Hill Petroleum, Inc.) (Ward 3) 4.2b&c Approval of General Plan Amendment/Zone Change 04-1745 (Cornerstone Engineering) (Ward 5) 4.2d Approval of General Plan Amendment 04-1747 (Hendricks) (Ward 3) Public hearing opened. Gordon Nipp, representing the Sierra Club, indicated that he would like to have 4.2(b) and 4.2(c) removed from the consent calendar. Public hearing closed. Commissioner Tragish recused himself from any discussion and potential vote on item 4.2(a). Minutes, PC, Thursday, March 17, 2005 Page 2 Commissioner Blockley moved, seconded by Commissioner Spencer to approve the consent calendar items for public hearing items 4.2(a) and 4.2(d). Motion carried by the following role call vote: AYES: Commissioners Blockley, Ellison, Lomas, Spencer, Tkac, Tragish. NOS: None. ABSENT: Commissioner Gay 5. PUBLIC HEARINGS —GENERAL PLAN AMENDMENTS / Land Use Element Amendments/ Zone Changes: 5.1a) General Plan Amendment/Zone Change 03-0340 (Pinnacle Engineering) (Ward 3) Public hearing opened. Staff report given. Gordon Nipp, for the Sierra Club, stated there was no air quality or biological study done and just a minimal 2 page traffic trip analysis done. He stated the Negative Declaration indicates that there is no cumulative considerable impact and that is false. He feels there are large potential cumulative impacts to air, traffic and biological resources. They believe there should be property elsewhere as habitat for the leopard lizard. Matt VoVilla, with Pinnacle Engineering, the applicant, responded to the traffic concerns raised. Mr. VoVilla stated that under the current land use designation, trip generation is estimated to be 7,400 trips per day, and that under the applicant's proposed amendment trip generation estimates are 1,400 per day, which is a decrease of 6,000 trips per day. Due to the decrease in trip generation the applicant was not required to do a full-blown area wide traffic study. Mr. VoVilla further indicated that improvements will be attached to this project including widening of State Highway 184 along the south side of the project frontage, with a right turn decel lane into the project, and in addition the arterial of Vineland Road, which runs through the center of the project, will be built to full width throughout the length. He further indicated that the developer will be required to build '/2 of the collector on the south side of the property. He indicated that all of these improvements will add to the completion of the grid to the northeast which will improve traffic flow. Mr. VoVilla stated that with regard to storm water flow it is their position that it should be an open channel. Chuck Thomason, CRT Land Co., stated that the current design will probably have 149 lots or less with a 13,000 sq. ft. minimum lot size. Mr. Thomason stated they did a preliminary biological study in November 2004, and at that time no blunt-nose leopard lizards or kit fox were found on the property. He indicated that they are going to start a more detailed biological study in April, and will take 3-4 months to be complete and accurate. He indicated that the site boring study should be on his desk in the next week. He stated they are in agreement with the noise study done by Brown & Buntin, except for the statement indicating any of the lots that back up to Hwy. 184 have solid core doors and wood being the specific analogy. He suggested that maybe it be a little more generic as he does not want to take a potential client or buyer and tell them they can only put wood doors on the back. Mr. Thomason stated that he agrees with staff's recommendation, and that he would like to see Exhibit 3 10d, under Noise Mitigation concerning the exterior doors backing up to Hwy 184 say, "No hollow core doors shall be allowed on those home backing up to Hwy. 184." Minutes, PC, Thursday, March 17, 2005 Page 3 John May, Pastor of the Rio Bravo Valley Baptist Church, indicated they have property directly across the street from this development, and they approve of the project. He inquired if Vineland and 184 is planned to be an intersection? He indicated that they would suggest a signal at that location. Public hearing is closed. Commissioner Spencer inquired of Mr. VoVilla if they are going to try to channel the drainage in a restricted area going through the project site, to which Mr. VoVilla responded in the affirmation. Commissioner Spencer further inquired if Mr. VoVilla would consider an overlay zone classification of a flood plain secondary instead of eliminating the OS zone, to which Mr. VoVilla responded that it is his understanding that it would still be an open space designation for a 150 width through the project, and that the alignment of that would be determined with the drainage and grading study that will accompany a tentative map submittal. He stated that they do not have a metes and bounds description at this time of the open space. Mr. VoVilla responded that they do have a topo map of the site wherein the channel is pretty well defined going through the property, and that there would still be open space. Commissioner Spencer indicated that the Dec. 2004 memo recommends denial of the Neg. Dec. Staff recommended that the Commission not apply floodplains secondary to this, as the way it is currently written, it maintains the General Plan Designation for OS over the channel, and still provides some flexibility to the applicant when they do bring in their tentative tract. Staff indicated that they are looking at this channel as a dual purpose and possibly coming with some type of standard for a trail system. Staff indicated that a zone change at this time is not appropriate. Commissioner Lomas inquired about the discrepancy in Condition number 3 ("this shall meet the requirements of the Breckenridge drainage area," indicating an open channel or drainage piping system) and Condition number 9 (leaning towards the open channel) as the Meyer study is not reflected anywhere in the Condition. Staff indicated that the Meyer study is an official update to the Breckenridge drainage plan, but the Meyer study has not been formally adopted as it takes Council action to the resolution. Staff additionally indicated that condition 9 should be stricken completely. Staff indicated they would have no objection to inserting reference to the language in the Meyer study into Condition 3. Commissioner Lomas suggested the following language: "Breckenridge Plan Drainage Area and Meyer Study." Commissioner Lomas inquired if they need a condition to grant the applicant's request for latitude in improving the channel? Staff responded in the negative, in that staff understands that it will be somewhat flexible, and is a general plan designation and not a finite designation. Commissioner Lomas inquired as to the applicant's request for rewording of Condition number 10 regarding the doors, to which staff responded they suggested rewording the second line so the word "of" is stricken to read, "184 shall be solid core wood doors or materials capable of achieving comparable noise reduction with perimeter weather stripping and threshold seals." Staff pointed out that this would be with the understanding that if the developer brings in something different than what may be required to provide noise data to show that it has achieved comparable noise reduction. The following language can be added to the Condition, "Applicant may be required to provide additional noise data subject to the approval of the Planning Director." Minutes, PC, Thursday, March 17, 2005 Page 4 Commissioner Lomas asked if the County's memo of December 2004 was sent before the Meyer study was completed? Staff responded that it was presented before the Meyer study was released. Commissioner Lomas commented that there is no elimination of open space and therefore the issue with the County letter is taken care of. Commissioner Lomas inquired about Vineland and Hwy 184 and the possibility of a signal light, to which staff responded in the affirmative. Commissioner Ellison inquired about the air quality study and if they need to include a condition that limits the homes to 149. Staff responded in the negative stating that if the tract comes in above the threshold, it breaks it and they will have to do an air quality study. Commissioner Blockley indicated that after the pre-meeting he had a telephone call from Chuck Thomason to make sure he had all his questions from the pre-meeting answered. Commissioner Blockley inquired as the existing drainage channel and the new one in relation to Vineland Road. Mr. VoVilla replied that it his recollection that it does not conflict with Vineland Road as the channel is east of the proposed alignment of Vineland. Commissioner Blockley stated that he is in favor of the project. Commissioner Tkac inquired about the storage of water. Staff responded that it is their understanding that the inevitable backup of water when you go from an open space to a pipe is not a concern. Commissioner Tkac asked about the biological and traffic studies, to which staff responded that with regard to the traffic study the cumulative effect of development in the area is in the model that is maintained by the KernCog Transportation Agency is what it is based off of to do the traffic impact fee for mitigation. Staff indicated that there was a traffic analysis done in the short form because there is a downgrade of the impacts. The acceptable level of service is level of service C and the proposed mitigations is to maintain level C or not degrade below whatever level is existing at the time. Staff also responded that there is a condition for a biological study with submittal of a tentative tract before grading and any disturbance actually occurring. Commissioner Tragish asked if there is a requirement that any existing studies done should be shown to the Commission? Staff responded that any study done by the applicant was not submitted with his application as it was not required for application. Commissioner Tragish asked about the acoustic analysis. Mr. VoVilla responded that he did not do the noise analysis, and the noise consultant could not be present. Staff responded that the noise analysis looked at Mesa Marin Raceway and it looked at roadway noise, and that these were more recent on tract 6191 located to the north and east of this tract within the 75 contour maps attached to the noise study. At that time during three days of racing the noise consultant was present and verified the noise impact on that particular piece of property, and verified that the noise contours done earlier were actually pretty close to what they came up with. Commissioner Lomas moved, seconded by Commissioner Tkac to adopt a resolution approving the Negative Declaration and approving the requested General Plan Amendment to change the land use map designation from OS, LMR, GC and R-EA to LR and OS as depicted in the Breckenridge Hills PDA and recommend the same to City Council, with Condition number 3 to read, "This property is within the Breckenridge Plan Drainage Area/Meyer Study and shall meet the requirements of those studies, with Condition number 9 stricken, with Condition number 1 0(d) Minutes, PC, Thursday, March 17, 2005 Page 5 read, "exterior doors, excluding glass doors on all residential lots adjacent to Hwy 184 shall be solid core wood doors with materials capable of achieving comparable noise reduction and perimeter weather striping and threshold seals. Applicant to provide additional noise data to support the change in material and subject to the Planning Director's approval." Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Lomas, Spencer, Tkac, Tragish NOS: None. ABSENT: Commissioner Gay Commissioner Lomas moved, seconded by Commissioner Tkac to adopt a resolution approving the Negative Declaration and approving the requested zone change from RH to R-1 on 70 acres and recommend the same to City Council, with Condition number 3 to read, "This property is within the Breckenridge Plan Drainage Area/Meyer Study and shall meet the requirements of those studies, with Condition number 9 stricken, with Condition number 10(d) to read, "exterior doors, excluding glass doors on all residential lots adjacent to Hwy 184 shall be solid core wood doors with materials capable of achieving comparable noise reduction and perimeter weather striping and threshold seals. Applicant to provide additional noise data to support the change in material and subject to the Planning Director's approval." Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Lomas, Tkac, Tragish. NOS: Commissioner Spencer ABSENT: Commissioner Gay Commissioner Spencer stated that he voted no because there is no logical way to control what the sum is and is contrary to what has been said in that we don't know where the drainage is going to go. He believes that the zone change should have a secondary flood plain overlay zone on it to protect the potential future public. 5.2) General Plan Amendment 04-1738 (Signal Hill Petroleum, Inc.) (Ward 3) Commissioner Tragish recused himself from this agenda item. See Consent Calendar. 5.3a) General Plan Amendment/Zone Change 04-1745 (Cornerstone Engineering) (Ward 5) Public hearing is opened. Staff report given. Gordon Nipp, with the Sierra Club, presented documents disagreeing with staff's recommendation as they have concerns with cumulative impacts in the developments in the community. Michael Callagy, representing the applicant, stated the subdivision will not exceed 150 lots. He stated the City has worked out a plan that has made a nexus between the air quality and the Minutes, PC, Thursday, March 17, 2005 Page 6 impacts and effectively reduced them to zero. Mr. Callagy stated that the report is thorough, addresses all of the air quality local and cumulative issues and is adequate for this project. Mr. Callagy stated that with respect to ag conversion the subject property has been absent agriculture use for about 20 years. He further commented that the project is in a logical expansion of the Bakersfield metropolitan area. Public hearing was closed. Commissioner Tkac stated that he believes the project is orderly growth and that he will support the project. Commissioner Spencer stated he will support the project. Commissioner Tragish inquired if the GPA map is up to date, to which staff stated it is a current map. Commissioner Tragish commented on Mr. Nipp's presentation stating that he does not believe in forcing the developer to pay for somebody else's farmland who may or may not want to sell it and get a better price for the farmland on the open market if the land owner did not want to sell under the terms set forth in Mr. Nipp's letter. Commissioner Tragish further stated that the air quality issues have been studied and every area is different with respect to causes of air quality. Commissioner Ellison moved, seconded by Commissioner Tkac to adopt a resolution making findings approving the mitigated Negative Declaration and approving the requested General Plan Amendment to change the land use map designation from R-IA (Resource Intensive Agriculture) to LR (Low Density Residential) and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Lomas, Spencer, Tkac, Tragish. NOS: None. ABSENT: Commissioner Gay Commissioner Ellison moved, seconded by Commissioner Tkac to adopt a resolution making findings approving the Negative Declaration and approving the zone change from A-20A (Agriculture 20 acre minimal lot size) to R-1 (Single Family Dwelling) on 30 acres and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Lomas, Spencer, Tkac, Tragish. NOS: None. ABSENT: Commissioner Gay 5.4) General Plan Amendment 04-1747 (Hendricks) (Ward 3) See Consent Calendar. Minutes, PC, Thursday, March 17, 2005 Page 7 5.5a) General Plan Amendment/Zone Change 04-1768 (Porter-Robertson) (Ward 1) Public hearing opened. Staff report given. Jeff Williams, Williams Development, stated that safety is the only issue and presented an accident overview. He stated that he believes the Commission has the ability to approve the project as there is good objective information. He further commented that this area has not seen a lot of development in a long time and is in a southeast redevelopment zone. Mr. Williams indicated that he is not asking for any City assistance, and that he did request the R-2 zone as he has intentions to build single-family homes on separate lots. He stated that it is not intended to be a rental project. Patricia Cautney stated she lives right behind the airport. She stated that there is noise and 10 years ago she had an airplane crash in her backyard. Lazoroy Miller stated that he would like to be sure that the developer actually builds single family dwellings. The public hearing was closed. Commissioner Tkac asked if there is any plan in the future to expand the airport out to which staff responded that they are not aware of anything. Staff indicated that there is a memorandum from the Public Works Operation Manager for the airport who requested that the zone not be changed in this area, and it may partially be because if in the future they ever did want to expand this could inhibit that. Commissioner Tkac further inquired about the B1 zoning to which staff responded the concern is with the intensity of housing within that area. Commissioner Tkac commented that Mr. Williams' request from a zoning standpoint is not big and bad, however based on Mr. Movius' comments regarding potential future plans in the airpark zone, he does not know how to get around it, as growth is inevitable in this area. Commissioner Tkac stated that he wishes there was something they could do. He further commented that the likelihood of an accident is very limited. Commissioner Blockley commented that it is hard to ignore staff's recommendation, and that he is less inclined to support because it is not backed and certified by the FAA. Commissioner Blockley stated that since the city policy is that they have adopted the county's policy, he is inclined to support staff's recommendation. Commissioner Lomas stated the City has a standard regarding this type of project and given the applicant's comments that the standards are too stringent inquired of the City what the applicant would do to change the standards. Staff responded that if the project was entertained it would not be looked at on a peace-meal basis, but would be looked at on a comprehensive basis looking at the Airport Land Use Commissions' determination on this particular airport, doing a study to see if it would be appropriate to change where the lines falls. Until this is done, staff would not recommend changes. Staff additionally indicated that they are doing some research in this area as they would like to see growth. At the current time, staff felt there is an unacceptable risk for the city. Commissioner Lomas stated that she would have to support staff's recommendation. Commissioner Tragish inquired of Mr. Williams' argument why staff's recommendation should not be followed. Mr. Williams stated that the State published an Airport Landing Plan handbook which includes an extensive study of aircraft safety and location of accidents which is used to create suggested safety compatibility zones based on three different sizes of airports. He stated these are double what the handbook studies suggested. Commissioner Tragish stated that he concurs with the other Commissioner comments and Minutes, PC, Thursday, March 17, 2005 Page 8 supports staff's recommendation. Commissioner Tkac stated that he is tempted to not support staff's recommendation only to make a point and open up dialog because he agrees with Mr. Williams that the property is outside the accident zone. He stated that he will, however, support staff's recommendation, and advised Mr. Williams to keep fighting. Commissioner Tkac moved, seconded by Commissioner Spencer, to adopt a resolution making findings approving the Negative Declaration and denying the requested General Plan Amendment to change the land use designation from LI (Light Industrial) to LMR (Low-Medium Density Residential) on 12.99 acres and recommend the same to the City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Lomas, Spencer, Tkac, Tragish NOS: None. ABSENT: Commissioner Gay Commissioner Tkac moved, seconded by Commissioner Spencer, to adopt a resolution making findings approving the Negative Declaration and denying the requested zone change from M-1 (Light Manufacturing) to R-2 (Limited Multiple Family Dwelling) on 12.99 acres and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Lomas, Spencer, Tkac, Tragish NOS: None. ABSENT: Commissioner Gay 5.6b) General Plane Amendment/Zone Change 04-1550 (McIntosh and Associates) (Ward 4) Public hearing opened. Staff report given. Ted Wright gave his presentation on the interchange at Allen Road. Leslie Moe, a resident, asked that the Commission honor the request of the community to have the access that was promised by Castle & Cooke and not delete an equestrian access and to plan for at least the homeowners to be able to trailer to a section for access. Roger McIntosh with McIntosh & Associates, representing Castle & Cooke, stated that this application is consistent with both the County West Rosedale Specific Plan, and the City's General Plan. He further pointed out that the staging area has been funded with $30,000 paid to the City, and the money will go to develop the staging area. In addition, Castle & Cooke agreed to post a bond for an additional approximately $30,000 that would have gone towards the development of this trail and they have agreed to give up another$30,000 to further develop that staging area so that people can trailer their horses to the river, and have direct access at that point. Mr. McIntosh stated that with an interchange planned there will be a lot of traffic and simply no way to get from one side to the other safely. Mr. McIntosh stated that they met with Carolyn Belli and Darlene Mulkey this morning and Darlene indicated she understood the problem and stated that she would not come this evening and speak against the deletion of this. Minutes, PC, Thursday, March 17, 2005 Page 9 Public hearing closed for Commissioner comments. Commissioner Blockley stated that he is not in opposition to this project anymore. Commissioner Ellison inquired of staff if there is a diagram of the staging area for Ms. Moe. Commissioner Ellison stated that he supports the GPA. Commissioner Lomas stated they have been assured that there will be access to the river with the staging area, and since there is access it takes away her major concern. She further stated that right now the access isn't there and it is fully fenced with signs advising to keep out. She indicated that while there is a line drawn through the slough, you cannot make the owner put a trail through their property, and that it would be conditional upon development. She further indicated that since it is highly unlikely that the slough will ever be developed the red line is a moot point anyway. Therefore, she feels that it would be obvious then to clean up the paperwork and delete it. Commissioner Lomas indicated she will be supporting staff's recommendation. Commissioner Tkac stated he agrees that they have to preserve this stuff for the future. He further indicated that the Westside Freeway has been in the planning stages forever. He indicated that he will support staff's recommendation. Commissioner Tkac moved, seconded by Commissioner Spencer, to adopt a resolution making findings as set forth in the staff report approving the Notice of Exemption and approving the General Plan Amendment to delete the equestrian trail and recommend the same to the City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Lomas, Spencer, Tkac, Tragish NOS: None. ABSENT: Commissioner Gay Commissioner Tkac moved, seconded by Commissioner Spencer, to adopt a resolution approving the Notice of Exemption and approving the requested ordinance change to delete the equestrian trail and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Lomas, Spencer, Tkac, Tragish NOS: None. ABSENT: Commissioner Gay 6. COMMUNICATIONS: None. 7. (COMMISSION COMMENTS: None. Minutes, PC, Thursday, March 17, 2005 Page 10 8. ADJOURNMEMT: There being no further business to come before the Commission, the meeting was adjourned at 8:13 p.m. Pam Townsend, Recording Secretary JAMES D. MOVIUS, Secretary Planning Director April 27, 2005