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HomeMy WebLinkAboutJuly 11, 2006 MINUTES OF THE REGULAR MEETING BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD Held Tuesday, July 11, 2006, 3:00 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. ROLL CALL 1. BOARD MEMBERS: Present: GEORGE GONZALES, Chairperson PHIL BURNS Absent: RAUL ROJAS STAFF MEMBERS: JIM EGGERT, Principal Planner ROBERT SHERFY, Deputy City Attorney II GEORGE GILLBURG, Engineer II ISABEL WILLIAMS, Recording Secretary The Chairperson read the Notice of Right to appeal as set forth on the agenda. PUBLIC STATEMENTS 2. No speaker cards were presented. MINUTES OF PREVIOUS MEETING 3. There were no minutes from a previous meeting. PUBLIC HEARINGS 4. Mr. Burns motioned to move item B, Modifications, File No. 06-0569 to item number 1. Motion carried. B.MODIFICATIONS 1)File No. 06-0569 A zoning Modification to allow a reduction in parking from 525 parking spaces to 315 parking spaces for a proposed 65,595 sq. ft. multiple tenant medical office in the C-O (Professional and Administrative Office) zone district located at 900 Stockdale Highway. (Continued from June 13, 2006) Mr. Eggert stated this matter was continued by the Board to have Staff bring back floor plans of the building. The plans showed that the 15% reduction in parking correlates to the amount of common open space within the building. He stated that the public hearing was closed and a Minutes, BZA, 07/11/06 Page 2 memo was added to verify what the applicant had stated at the earlier meeting. Mr. Eggert indicated that the only change to the resolution would be to strike condition 2 regarding the requirement for recorded shared parking agreement, as the applicant does not have ownership of the next door parcel. Mr. Burns stated he missed the last meeting, however he did listen to the tape and is prepared to take action on this item. Mr. Burns asked about the gross area instead of net area, and any future changes to the building that reduces that area. Staff responded that there is typically a certain amount of area for restrooms and hallways that are going to be open regardless of future tenants, and it is staff's opinion that anything that would be reduced would probably be minor. Member Burns moved to adopt the attached Resolution with all findings and conditions denying the applicant’s request and approving modification 06-0569, as amended by Staff, including the comments made by Mr. Eggert striking condition number 2 regarding a shared parking agreement. Motion carried by the following roll call: AYES: Members Burns, Gonzales. NOES: None. A CONDITIONAL USE PREMITS 1)File No. 05-1904 – Conditional Use Permit to construct a 2,092 sq. ft. duplex on a 5,625 sq. ft. site located in a C-1 (Neighborhood Commercial) zone. The public hearing was opened. Staff report was given recommending approval of the project. No one spoke in opposition or in favor of this application. The public hearing was closed. Staff stated they would like to add one condition to Public Works Engineering, item D.10. which would read that the existing driveway be removed and reconstructed at full height curb, gutter, sidewalk. Member Gonzales asked if the applicants would attempt to save the existing trees on the site. Staff responded that the middle tree couldn’t be saved as it is on the building site, but the other trees are shown on the plans to be retained. Additionally, the applicant will be required to plant additional tress to meet minimum ordinance standards. Minutes, BZA, 07/11/06 Page 3 Miguel Soltero with Mia Holdings, Inc., the applicant, asked that with regard to the additional condition to remove the existing driveway, his concern has to do with his need to provide four parking spaces, and if the driveway is removed they may have a problem with parking off of the alley. Member Burns inquired if the parking will be moved, to which Staff responded that it would just be rotated with all access off the alley. Mr. Soltero indicated that if the parking were rotated there would be four nine- foot wide stalls, which equals 36’ and it would back out into the alley. Staff pointed out that where the existing driveway is located, that would be replaced with landscaping. Motion made by Member Burns to adopt the attached Resolution with all findings and conditions approving Conditional Use Permit 05-1904 as depicted in the project description with the addition of Condition D.10. as stated by Staff. Motion carried by the following roll call vote: AYES: Members Burns, Gonzales. NOES: None 2)File No. 06-0957 – A Conditional Use Permit to allow a 1,056 sq. ft. sales facility for a 2-year period of time for Tract 6367 in an R-1 (One Family Dwelling) zone district. The public hearing was opened. Staff report was given recommending approval of the project.. No one spoke in opposition or in favor of this application. Member Burns inquired of the applicant if the site has electricity from PG&E or another source. Jim Grombly with Lennar Homes responded that it has not been energized yet, and stated that they do have temporary power pole set. It is anticipated to be up this afternoon or tomorrow. Member Burns inquired if the generator was going to be left at the site. Mr. Grombly stated no as they were only on a 90-day permit until power became available by PG&E. Motion made by Member Burns to adopt the attached Resolution with all findings and conditions approving Conditional Use Permit 06-0957 as depicted in the project description. Motion carried by the following roll call vote: Minutes, BZA, 07/11/06 Page 4 AYES: Members Burns, Gonzales. NOES: None. 3) File No. 06-0981 – A Conditional Use Permit to increase the number of residents in a licensed group home (ages 13 to 17 years old) from 6 to 8 with 2 staff members in a 4 bedroom, 2,100 sq. ft. house in an R-1 zone district. The public hearing was opened. Staff report was given recommending approval of the project. Lawrence Heckman stated he lives in the house to the east of this home and was opposed to the expansion stating that there is a lack of appropriate th supervision on the site. He pointed out that on July 4 one of the residents were using illegal fireworks. He indicated that he called the fire department and the police department. He further stated that later that evening he observed the residents up on their roof looking down the chimney and laughing. He stated his concern is that proper supervision is not being done in the subject home. Mr. Heckman pointed out that they already have two staff members during the day, and inquired if that number will be increased to four. Mr. Heckman stated that most of the problems they experience are in the evenings and on the weekends. Judy Heckman commented that a good example is not being set for the boys in the subject home, and if this home is for the best interest of the minors, instead of adding two more kids, they should expand what they currently have by providing some activities for the kids such as creating a recreation room or other such space in the house. William Dessy stated he lives on the corner and has seen the police come out numerous times, and has even handcuffed the young men and remove them from the premises. Therefore, he stated he doesn’t understand why there is no record of the police ever showing up as he has seen the police out numerous times. Frank Jonas stated he lives three houses north of the subject house, and that there have not been any traffic problems on their street until last year when the residents moved in to the subject house. He further pointed out that numerous homes are also up for sale, and feels that something is happening to the area that shouldn’t be happening. He further pointed out that he has seen inappropriate behavior in a van early in the morning, as well as a man hiding in the bushes. He stated that he feels the value of his home has declined because of this home. Minutes, BZA, 07/11/06 Page 5 Quin Park stated she lives across the street on the corner, and stated her main concern is that they lock the kids out during the day. Her daughter has become friends with one of the boys who has spent some time with her family and she indicated that they lock him out at 10 o’clock at night and wont let him go back in. Apparently the boy tries to call Mr. Grindiron (applicant) but he will not come to check on him. Ms. Park stated that she has called the police herself when the boy comes over to her house at 11 o’clock at night because he reports staff is beating on him. She further commented that when her daughter was playing basketball in the front yard, she found a grown staff member playing with her daughter. She stated there is a lot of safety issues with the minors and staff of the residence that is questionable. Ms. Park further stated there is a lot of fighting and fowl language in the front yard, and the police are there at least once a week. She further pointed out her concern with trash issues with so many residents in the house, as sometimes the trash is already flowing onto the ground. Ms. Park stated there are also a lot of cars in the area, and their friends are always walking around in her neighborhood. Reginald Gridiron, the owner and administrator the group home, stated they work with each resident to develop different skills that they have lost during their childhood. He also stated that they have trash cans and don’t have trash problems. He stated the kids go out in the neighborhood asking to assist the neighbors. Mr. Gridiron said that friends of the residents have come by, and they have been escorted out which is why the police have been there. He stated that it’s been at least 6 months since the last police officer came by. He stated that they don’t lock the kids out, and there is always staff there to supervise the kids. He stated if the kids get home early from school they do have the kids wait outside until a staff supervisor gets there. Mr. Gridiron stated there is room inside the home to have more kids. He stated that they don’t have juvenile hall delinquent kids, but rather foster kids who have been placed with them for various th reasons. He stated that the incidents raised about the 4 of July were kids who came in from other neighborhoods. The public hearing is closed. Member Burns inquired if police records were obtained that shows if the BPD has been out there. Staff responded they contacted the department, but did not get any logs or reports. Staff indicated that the PD may not write reports, but they probably have a log of appearance. Member Gonzales inquired of the applicant if the foster kids are from DHS, to which he replied in the affirmative. Member Gonzales inquired if there is any staff at the resident when the kids are in school. Mr. Gridiron responded that most of the time there is, but there have been times when they were on a medical visit or family visit, or picking up a kid from a school across the town, and the Staff may not be there. Mr. Gridiron Minutes, BZA, 07/11/06 Page 6 stated that there are two people on staff, but they don’t have to have two. He stated that there are two in the morning, and sometimes in the evening if necessary. Mr. Gridiron stated that he would guarantee two staff members 24/7 with the additional requested residents. Member Burns inquired what Mr. Gridiron’s typical staffing is. Mr. Gridiron stated they have one Staff come at 6:30 a.m. and stay there until 2:30, and one will come in at 7:30 and leave at 3:30, have another come in at 2:00 to 10:00, and sometimes another one will come in, if necessary, for the evening shift. He stated that some behavioral problem kids might not be able to go on an outing with the other kids so he will have a staff member stay with the problem kids. Member Gonzales inquired how many staff members are in the house at all times of the day. Mr. Gridiron responded that there are roughly four staff members at the house in one day. He stated they would use two staff members in the evening if they have to. Member Burns stated his concern for the neighbor's issues about lack of supervision. Mr. Gridiron stated with the increase of two kids they would have two staff there 24/7. Member Burns inquired as to the two staff member requirement in the project description, and if it was found that there weren’t two staff members there, would this come back before the Board. Staff responded that it could be re-heard and the permit possibly revoked, but staff would first give the applicant opportunity to correct the situation. Member Burns further inquired about the staffing, and Mr. Gridiron stated that they would have between three and four staff members in one day working eight-hour shifts. Mr. Gridiron stated that they have a total of 14 employees who are part of this team at this location. He further stated that there is usually one in the evening, unless they have to call in two. Member Gonzales inquired what happens during the time there is just one staff member and there is an emergency. Mr. Gridiron stated that he and his facility manager would come in. Member Gonzales stated that he is leaning towards denying the request. Member Burns stated that he is still concerned about the supervision of the staff, and feels that a ratio of 1 to 6 is insufficient. He further stated that he is also concerned about the police activity, and would like to see any call logs. Mr. Gridiron stated that the ratio is two to eight and not one to eight. Minutes, BZA, 07/11/06 Page 7 Member Burns inquired about obtaining a call log, to which Staff responded that there may be a call log, but the problem they’ve had in the past with call logs is sometimes they may have multiple addresses they’ve come out to in a neighborhood, or went to the wrong address when it was first reported, and they have also found them to be erased after a while. Member Gonzales stated they have to consider the neighbors’ concerns, and is not convinced that he wants to approve this. Member Burns moved to adopt Resolution based on the evidence and testimony provided and deny Conditional Use Permit 06-0981. Motion carried by the following roll call vote: AYES: Members Burns, Gonzales. NOES: None. 4)File N0. 06-1050 – Conditional Use Permit to allow a 1,440 sq. ft. sales facility for a 2-year period of time for Tract 6170 in an R-1 (One Family Dwelling) zone district. The public hearing was opened. Staff report was given recommending approval of the project. No one spoke in opposition to the application. The public hearing was closed. Member Burns moved to adopt the attached Resolution with all findings and conditions approving Conditional Use Permit 06-1050 as depicted in the project description. Motion carried by the following roll call vote: AYES: Members Burns, Gonzales. NOES: None 5)File No. 06-1067 – A Conditional Use Permit to allow a model home complex consisting of two 1,140 sq. ft. sales/design centers for a 2 year period of time for Tract 6338 in an R-1 (One Family Dwelling) zone district. The public hearing was opened. Staff report was given recommending approval of the project. No one spoke in opposition or in favor of the application. The public hearing was closed. Minutes, BZA, 07/11/06 Page 8 Member Burns moved to adopt the attached Resolution with all findings and conditions approving Conditional Use Permit 06-1067 as depicted in the project description. Motion carried by the following roll call vote: AYES: Members Burns, Gonzales. NOES: None 6)File No. 06-1068 – A Conditional Use Permit to allow a 1,140 sq. ft. sales facility for a 2-year period of time for Tract 6485 in an R-1 (One Family Dwelling) zone district. The public hearing was opened. Staff report was given recommending approval of the project. No one spoke in opposition or in favor of this application. The public hearing was closed. Member Burns moved to adopt the attached Resolution with all findings and conditions approving Conditional Use Permit 06-1068 as depicted in the project description. Motion carried by the following roll call vote: AYES: Members Burns, Gonzales. NOES: None B.MODIFICATIONS 2)File No.06-0821 – A zoning modification to allow 15 and 20 front yard setbacks where a minimum of 25-feet is required on a total of 70 of 426 lots in Tentative Tract No. 6406 in the R-1 (One Family Dwelling) zone districted located at the SE corner of Panorama Drive and Vineland Road – Tract 6406. (Continued from June 13, 2006) The public hearing was opened. Staff report was given recommending approval of the project. No one spoke in opposition or in favor of the application. The public hearing was closed. Member Burns inquired if there is a history of approving or denying these types of requests. Staff responded that to their knowledge there have been three other such requests before this Board, and all three of those other requests were denied by the Board. Only one was overturned by the City Council, which was a portion of the tract built by Kyle Carter Homes next to Thorner school. The Council's approval was very limited compared to what was requested by the applicant. Minutes, BZA, 07/11/06 Page 9 Member Burns inquired as to the sizes of the lots. Staff responded that the lots are standard R-1 subdivision, and they have no knowledge of any lots being less than 6,000 sq. ft. Member Burns stated that with regard to Exhibit “E” there appears to be a 110’ deep lot, and inquired if that was a standard depth. Staff responded that it is fairly consistent with the majority of tracts in the city. Member Gonzales inquired about the previous setback reductions, to which Staff responded that all the requests were front yard reductions, and in two of the three they were requested for the entire tract. Member Burns inquired as to the size of housing that will go on these lots, to which Staff responded they don’t have that information. Nathan Meeks, with D.R. Horton was recognized and indicated that the houses vary in size from 2,150 sq. ft. to 3,500 sq. ft. He pointed out that there are two different lot sizes in the project, which includes a 55’ wide lot that’s a 110’ deep, and a 65’ wide lot that’s 110 feet deep. Mr. Meeks stated that the intent of this request is that they have some slopes that are in backyards that take up as much as 10-12 ft, and that based on the design of the house, moving it forward another 5'-10' and still maintaining a 20’ long driveway, they would be able to provide more usable space in the backyard. Mr. Meeks further pointed out that the actual number of lots is 70 out of 396 in the tract. Member Burns inquired of Mr. Meeks if he had any information that would show the slope differences and exactly how it impacts the lots. Mr. Meeks stated that the large exhibit shows the slope areas. Member Burns stated that after looking at the map he still has a hard time approving the setbacks as he does not see what the height difference is between the lots and if it is much different than typical subdivisions in the city. Member Burns asked Staff if they could obtain more data from the applicant, especially slope elevation differences, to assist the Board at looking at how the applicant determined which lots were going to be modified and what the criteria was for their request. Staff stated that they could. Mr. Meeks responded that they could provide the requested information. Member Burns moved to continue this item to the next Board of Zoning Adjustment meeting on August 8, 2006. Motion carried by Group vote. 3)File No. 06-1105 - A zoning Modification to reduce the required front yard setback along Jackson Lake Drive from 25 feet to 22.57 feet in order to maintain a 10-foot radius setback from an abandoned oil well for a single-family residence in an R-1 (One Family Dwelling) zone district. Minutes, BZA, 07/11/06 Page 10 The public hearing was opened. Staff report was given recommending approval of the project. No one spoke in opposition or in favor of this application. The public hearing was closed. Member Burns moved to adopt the attached Resolution with all findings and conditions approving Modification 06-1105 as depicted in the project description. Motion carried by the following roll call vote: AYES: Members Burns, Gonzales NOES: None 5. COMMUNICATIONS Mr. Eggert commented that they would be working with the City Attorney to add a Consent Calendar on the agenda for some of the more routine items. 6. BOARD COMMENTS None. ADJOURNMENT 7. There being no further business the meeting was adjourned at 4:27 p.m. The next Board of Zoning Adjustment meeting is scheduled for August 8, 2006. Isabel Williams Recording Secretary JAMES D. MOVIUS, Planning Director