HomeMy WebLinkAboutMarch 13, 2006 Pre-Mtg PLANNING COMMISSION
Minutes
Pre-Meeting— March 13, 2006 — 12:15 p.m.
Council Chambers, City Hall, 1501 Truxtun Avenue
1. ROLL CALL: Present: BARBARA LOMAS, Chairperson
MURRAY TRAGISH, Vice Chairperson
TED BLOCKLEY
RUSSELLJOHNSON
TOM McGINNIS
JOHN S. SPENCER
Absent: JEFFREY TKAC
Advisory Members: Robert Sherfy, James D. Movius, Marian Shaw, Janice Horcasitas
Staff: Marc Gauthier, Dana Cornelius
2. PLEDGE OF ALLEGIANCE:
3. PUBLIC STATEMENTS:
4. CONSENT CALENDAR:
4.1 Non-Public Hearing Items
4.1a Approval of minutes for Planning Commission meeting of February 16, 2006.
4.2 Public Hearing Items
None.
5. Vesting Tentative Tract 6642 (McIntosh &Associates)
Staff report given. Commissioner Tragish inquired if this item needs to be taken off consent for re-
evaluation Staff responded that the public hearing on this item was closed, and they don't expect the
developer to pull it off. Staff indicated that while they do not see any reason to pull it off, the Planning
Commission could pull it from consent.
Commissioner Johnson inquired if he can vote on this item since he was not at the meeting which
discussed this item. Staff responded that unless Commissioner Johnson listened to the tape, they would
not recommend voting on this item.
Commissioner Spencer inquired about the block wall requirement on the west boundary and if it was
thoroughly evaluated as to what kind of wall will be there. Staff responded that the condition requires a
masonry block wall along the entire western boundary.
Planning Commission — March 13, 2006 — 12:15 p.m. Page 2
6. PUBLIC HEARINGS — GENERAL PLAN AMENDMENTS / Land Use Element Amendments / Zone
Changes
6.1 a) General Plan Amendment 05-0423 (SmithTech USA, Inc)
6.1 b) Zone Change 05-0423 (SmithTech/USA)
Staff indicated they would like to continue this to the April 3rd and 6 th
6.2) General Plan Amendment 05-0424 (Pinnacle Engineering)
To change to land use designations LI (Light Industrial) to LMR (Low Medium Density
Residential) on approximately 55 acres to allow for the future development of approximately 271
single family residential units. (Ward 1)
Staff report given. Commissioner Blockley inquired about the traffic mitigation, and inquired if
there is consistency between the different applications as it seems that this project a
disproportionate burden compared to some of the others. Staff responded that they will go back
and look at this.
Commissioner Johnson inquired as to where the three acres are on the map that are within the
'/ mile buffer zone of the wastewater treatment facility. Staff responded that there is a photo in
the packet.
Commissioner Tragish inquired about conditions 18-20 and why they are recommendations and
not mandatory conditions. Staff responded that this is the wording from their study. Staff
indicated that they plan to implement these conditions, and if the Planning Commission does not
feel that it is strong enough the Planning Commission can add the word "required".
Commissioner Tragish further inquired about the exclusion of fireplaces, to which Staff
responded that it is part of the air quality analysis that they could not have fireplaces, which
would lower their emissions.
Commissioner Tragish inquired about condition 20 since the City already requires sidewalks, to
which Staff responded that it is common language for the study.
Commissioner Tragish inquired as to the '/ prohibition, and how it works, to which Staff
responded that it could be made someone's back yard, a sump, a street, or park area, as long as
there are no houses.
Commissioner McGinnis stated that it appears that some of the information under 5.2 are also
reflected under 5.3, and asked for some clarification.
Commissioner Lomas inquired how this property got R-2 zoning in a light industrial land use, to
which Staff responded they did not know.
Commissioner Lomas stated that the Staff report does not reflect the large parcel to the north
OSP, and if it is the property the city is considering to sell. Staff responded that it is the golf
course.
Commissioner Lomas inquired if they have any knowledge of the property owner to the south
doing anything or changing zoning, to which Staff responded they do not recall.
Commissioner Lomas further inquired about not being able to put a sump on this property, to
which Staff responded that the Staff Report on the bottom of page 2 says a "private park and/or
drainage sump". Commissioner Lomas referred to condition 29b indicating that the GPA zone
change is too small to support its own storm drainage sump. Staff responded that it is too small
for a stand-alone sump, but there is nothing wrong with putting a sump there, but it would have to
Planning Commission — March 13, 2006 — 12:15 p.m. Page 3
be designed to accommodate a much larger area than this GPA is. Staff responded that they do
recommend development of planned drainage area to do kind of a master drainage sump for the
area.
Commissioner Lomas inquired about the northern small commercial corner and if Staff knows
who owns that piece of property, to which Staff responded they did not. Commissioner Lomas
inquired about requiring curb and sidewalks, to which Staff responded that, would be fine.
6.3a) General Plan Amendment 05-0599 (Pinnacle Engineering)
6.3b) Zone Change 05-0599 (Pinnacle Engineering)
Staff report given. Commissioner Johnson inquired if a block wall would be required since White
Lane is being extended to which Staff responded that it would be double frontage lots with a
block wall since it will be an arterial.
Commissioner Tragish inquired about the location of the recently approved projects in the
vicinity, to which Staff responded they will do that at Thursday's meeting. Commissioner Tragish
further inquired about the projects in zone C and where zone C is located. Staff responded they
will have a map at Thursday's meeting. Commissioner Tragish inquired what the minimum
requirements are to build in a zone C area, to which Staff responded that it requires the
recording of avigation easement. Staff responded they will have a map of the airport noise
contour for Thursday's meeting.
Commissioner Blockley inquired about conditions 6 &7 and the side yards, and staff responded
that the intent was to keep the houses as far away as possible.
6.4a) General Plan Amendment 05-0940 (McIntosh &Associates)
6.4b) Zone Change 05-0940 (McIntosh &Associates)
Staff report given. Commissioner Tragish commented that based on the things that have been
approved in the past in this area, and the way accommodations have been made, it is not
understandable why there can't be some kind of accommodation made for this project.
Commissioner Tragish inquired if there is a setback that could be allowed that would address
Staff's concerns. Staff responded that there may be, but in this case Staff has no policy to know
what that is, and it is really an environmental issue that needs to be addressed more than Staff
coming up arbitrarily that 500 ft would be sufficient. Staff pointed out that they do not design
projects for people, but rather react to what is submitted.
Commissioner Tragish inquired how long ago the property to the north was zoned LR, to which
Staff responded that it's probably been a year or so ago, and there may be a tract being
approved. Staff pointed out that the property to the north is quite a ways away from the chicken
ranch.
Commissioner Johnson inquired about the prevailing winds, to which Staff responded northwest
to southeast is normal. He further inquired if the chicken coops are over dirt or concrete pads to
which Staff responded it appears to be dirt. Commissioner Johnson commented that some
possible mitigation would be for the applicant to put up money to put concrete slabs for the
chicken coops, as well as a square footage set back from the coops themselves. Commissioner
Johnson stated that as it currently is right now it is not ready.
Commissioner Blockley stated that he is concerned with the odor issues.
Commissioner Lomas inquired if there is a meter for odor, to which Staff responded in the
negative. She inquired if in Staff's opinion the sewer treatment plant or chicken farm smells the
worst. Staff responded they both smell, and Commissioner Lomas inquired if Staff could just
draw a '/ mile buffer to be used as a standard to go by.
Planning Commission — March 13, 2006 — 12:15 p.m. Page 4
Commissioner Tragish inquired if the Planning Commission has the ability and power to draw a
'/ mile buffer. Staff responded that the frontage is about a '/mile which is a significant portion of
the property, which is not favorable to the project. Staff responded that the Planning
Commission does have the ability to talk about buffers and set backs with the information
presented.
6.5a) General Plan Amendment 05-0946 (SmithTech, USA Inc.)
6.5b) Zone Change 05-0946 (SmithTech, USA Inc.)
Staff report given. Commissioner Tragish inquired about the zoning to which staff responded that
they do not do the designing of a project.
6.6a) General Plan Amendment 05-1021 (Michael Dhanens Architect)
6.6b) Zone Change 05-1021 (Michael Dhanens Architect)
Commissioner McGinnis left the meeting. Staff report given. Commissioner Blockley stated he
likes that the commercial is buffering the adjacent residential. He stated that he is concerned with
the precedent set with the water grouping condition. Staff will respond to this at Thursday's
meeting.
Commissioner Tragish inquired about the empty lot to the south which is zoned M-1, and if there
has been any activity on that property. Staff stated they will look at building permit activity for
Thursday's meeting. He further inquired about the zoning and potential problems with the mini
storage, etc., to which Staff responded that if there are these types of concerns the Planning
Commission could ask for a PUD as an overlay.
Commissioner Lomas inquired if 3rd and V has improved roads, to which Staff responded they
would provide an answer for Thursday's meeting. Commissioner Lomas commented that she
wants to make sure there is curb and gutter all the way around.
Commissioner Tragish inquired if at this GP and zone change level if they address the Public
Works conditions regarding streets, curb and gutters at this point. Staff responded that this is a
good time to catch these amendments.
6.7a) General Plan Amendment 05-1257 (Marino &Associates)
6.7b) Zone Change 05-1257 (Marino &Associates)
Staff report given. Commissioner Tragish inquired about condition 30, and if it is within the
administrative boundaries and Department of Conservation. Staff responded that it is, even
though there would be no change in the condition if it didn't lie within the administrative
boundaries and Department of Conservation.
Commissioner Lomas commented that the language in condition 30 doesn't reflect what the
Division of Oil &Gas asks for, including setbacks and no build zones. Staff commented that they
will be responding to this for Thursday's meeting.
Commissioner Johnson inquired about condition 29 and "residential structure should not be
permitted within a 1/ mile buffer for waste water treatment plant number 2 as depicted on
attached figure 1", as he did not see figure 1 and is curious where the waste water treatment is
located. Staff responded that it may be a typo because wastewater treatment plant 2 is off of
Cottonwood. It will be removed.
6.8a) General Plan Amendment 05-1280 (Jerry L. Hendricks)
6.8b) Zone Change 05-1280 (Jerry L. Hendricks)
Planning Commission — March 13, 2006 — 12:15 p.m. Page 5
Staff report given. Commissioner Lomas inquired if this applicant could curve Madison into their
own property. Staff responded that this could not be done without a circulation element.
Commissioner Blockley inquired about the odor coming from the feed lot/dairy south of this
project in comparison to the chicken ranch, and why this project is recommended for approval
and the previous project is not. Staff responded that they know that it (feed lot/dairy) is going
away as they actively changed the zone. Staff is confident that based on the price for acre that
they will move the feed lot/dairy, and they have already spent the money to change the zoning.
Commissioner Tragish inquired about the applicant having to bring Madison through his project
to collector standards, and the canal. Staff stated that they need to make it clear that Madison
Street will be required off-site. Staff indicated they are waiting to hear from Public Works with
respect to the canal, as they might have used the wrong street name. Staff will respond to this at
Thursday's meeting. Staff indicated that the canal is located '/ mile south of Panama within this
section, and will be clarified at Thursday's meeting.
Commissioner Blockley inquired about Madison Street being a full width street for this applicant,
to which Staff responded that condition 9 will be changed to refer specifically to Hosking and to
Madison. Staff indicated that because that piece is still in the County in order to get eminent
domain they will have to get County permission. Staff indicated that the applicant will be
developing that portion of Madison within the City to full width, and will be dealt with at the
subdivision stage because on-site improvements are required to be consistent with the General
Plan.
Commissioner Lomas inquired about curb and gutter on Hosking outside of the City boundary.
Staff responded that condition 9 requires access to the site be a minimum of 32', with shoulders
on East Hosking all the way over to Union Avenue. Staff indicated that currently what is there is
not 32'. Commissioner Lomas stated that her concern is the parcel that has no interest in
coming into the City, which means there will be no interest in getting curb and gutter in front of
them, and she would like to get this handled to get curb and gutter there. Staff indicated that it
would be quite a burden.
Commissioner Blockley commented that with respect to overlapping jurisdictions this is an
increasing problem, along with the air quality issues, and inquired if the City, County and Air
Pollution Control District should put their heads together about this. Staff responded that David
Price, III, head of Resource Agency, does have this on their radar screen for them. Staff
indicated that they are inviting Kern County Planning to work with them on these types of
situations.
Commissioner Spencer commented that the circulation element does not appear to need to be
amended with respect to Madison Street because the circulation element shows Madison as a
collector. Staff confirmed this was correct. He commented that it is standard that they only do
the frontage of what this project consists of, and if they make a condition for a fee in lieu to help
pave the way between Cottonwood or Union Ave. to improve Hosking all the way, it would just be
a condition of the tract. Staff confirmed that it would be orderly development.
6.9a) General Plan Amendment 05-1343 (Porter-Robertson Engineering)
6.9b) Zone Change 05-1343 (Porter-Robertson Engineering)
Staff report given. Commissioner Tragish inquired where the trail goes to which Staff gave an
explanation. He further inquired if there are one or two accesses to Comanche Drive with
respect to conditions 11 and 13. Staff responded that in number 11 they are talking about an
access that would go through to Commanche Drive, and that in number 13 it says that "prior to
recordation of a map the applicant would have to have either that access in place, or"Rio Bravo
number 3 annexation, Ed Coyne project," which says that before they can record a residential
subdivision they have to provide access along Chase Avenue and Miramonte clear out to
Comanche. Staff indicated that one of them has to be in place, but not both of them.
Planning Commission — March 13, 2006 — 12:15 p.m. Page 6
Commissioner Tragish further inquired if the applicant is responsible for putting up the cost for
the paving and excavation for the access road all the way up to Comanche Drive. Staff
responded n the affirmative.
Commissioner Johnson inquired if in the negotiations with the developer regarding the trail if they
get park credits, to which Staff responded that only if the Parks Plan is amended to include the
trail within the system, which they would be doing. Staff indicated that currently they have an
application that they are still negotiating, and once it is changed as part of that negotiation, they
would proceed with continuing it on, and instead of them getting 2.5 acres per 1,000, it would be
2 acres per 1,000 if a trail easement is provided.
Commissioner Johnson further inquired about the current traffic level of Miramonte Drive. Staff
responded that they will provide the level of service for Thursday's meeting.
Commissioner Lomas inquired about the trail stopping at the northern end. Staff responded that
it would have to transition back into a sidewalk, and would not just dead-end. Commissioner
Lomas inquired if there are other places in the trail system that dead ends like this one. Staff
responded that along the edge of the trail system right now Highway 178 is basically where the
trail ends, and that this would not be the only place that a trail dead ends.
Commissioner Tragish inquired if someone is putting in a trail if they get park credit to which Staff
responded in the affirmative. Staff indicated that it could be included in a condition.
Commissioner Lomas inquired about the potential petroleum reserve and if Division of Oil & Gas
commented on this project. Staff indicated that they send all projects to them, and that the oil is
gone. She commented that since something was going on she would like to know that the
Division of Oil &Gas has been made aware of the project.
7. COMMUNICATIONS:
None.
8. COMMISSION COMMENTS:
Commissioner Spencer inquired if the next time workshops are scheduled if Staff would do just one per
meeting.
Commissioner Tragish inquired if there will be another GPA cycle in two weeks. Staff indicated that it will be
the first meeting in April.
Commissioner Johnson inquired about a mandatory ethics training by January 1, 2007, and if the City is
going to be participating. Staff indicated that they will give this letter to Mr. Sherfy who will check into the
matter to see how it pertains to the Planning Commission.
9. ADJOURNMENT:
There being no further business to come before the Commission, the meeting was adjourned at 1:59p.m.
Dana Cornelius, Recording Secretary
JAMES D. MOVIUS, Secretary
Planning Director
April 10,2006