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HomeMy WebLinkAbout11-13-2007 MINUTES OF THE REGULAR MEETING BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD Held Tuesday, November 13, 2007, 3:00 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. ROLL CALL 1. BOARD MEMBERS: Present: VINCE ZARAGOZA, Chairperson PHIL BURNS BRAD UNDERWOOD STAFF MEMBERS: Present: PAUL HELLMAN, Principal Planner JIM EGGERT, Assistant Planning Director JOSHUA RUDNICK, Attorney FELIX LANDAVERDE, Planning Technician DELORES OLDHAM, Recording Secretary 2.PUBLIC STATEMENTS No speaker cards were presented. 3.CONSENT CALENDAR A.Non-Public Hearing Items: 1.Approval of the minutes of the regular meetings held September 11, 2007 and October 9, 2007. Member _____ moved to approve the minutes of September 11, 2007 and October 9, 2007. Motion carried by the following roll call vote: AYES: Members: Zaragoza, Burns, Underwood NAYS: None ABSENT: None B.Public Hearing Items: 1.File No. 07-1827: Approval of a Conditional Use Permit to allow for the construction of a six-unit apartment complex on a vacant lot in a C-1 (Neighborhood Commercial) zone district located at 1108 Kentucky Street. Minutes, BZA, 11/13/07 Page 2 2.File No. 07-1833: Approval of a Conditional Use Permit to allow a 2,851 square foot drive-through restaurant and zoning modification to reduce the required off-street parking for the center from 84 to 57 spaces in a C-1 (Neighborhood Commercial) zone districted located at 2400 Columbus Street. 3.File No. 07-1895 : Approval of a Conditional Use Permit to operate bingo games open to the public at the Four Seasons private adult community recreation center (The Lodge) in a P.U.D. (Planned Unit Development) zone district located at 10500 Toscana Drive. 4.File No. 07-1973: Approval of a Zoning modification to reduce the required off-street parking from five to three spaces and to reduce the required street side yard setback from ten to five feet to allow for the conversion of a 1,148 sq. ft. single-family residence to office space in a C- C (Commercial Center) zone districted located at 1330 L Street. 5.File No. 07-2025: Withdrawal of a Conditional Use Permit application to allow a residential facility with 12 residents and up to 3 staff members in a 2,520 square foot duplex in an R-2 (Limited Multiple-Family Dwelling) zone district located at 309 Clifton Street. 6.File No. 07-2027: Approval of a Conditional Use Permit to expand a Santa Barbara Business College facility by 9,800 square feet through the conversion of existing general office space in a C-O (Professional and Administrative Office) zone district. The public hearing was opened. No one from the audience requested removal of any items from the consent calendar. Member Burns requested clarification regarding File No. 07-1827 as to whether the proposal was modified to a five-unit apartment complex with nine parking stalls. Staff responded in the affirmative, pointing out that the applicant was able to meet all zoning requirements. The public hearing was closed. Motion made by Member ____ to approve the public hearing consent agenda items. Motion carried by the following roll call vote: AYES: Members: Zaragoza, Burns, Underwood NAYS: None ABSENT: None Minutes, BZA, 11/13/07 Page 3 4.PUBLIC HEARING: 1.File No. 07-1743: Zoning modification to reduce the required off-street parking from 243 to 42 spaces to allow for the construction of a 970-seat sanctuary building for the Garden Community Church in a C-C (Commercial Center) zone nd district located at 900 22 Street. The public hearing was opened and the staff report was given. Lowell Milton, representing Sherman Lee and the Chinese community, as well as Mike Brand and BrandCo, and himself. He stated that they are allowing zone codes to be broken, pointing out that there is an environmental issue. He stated that “if some people should have to do it, they should all have to do it.” He also pointed out that the houses that Mr. Lee owns will not have any parking on Sundays, and the hazards the auditorium will bring with events due to light and sound delivery just like they have on M Street with delivery trucks. He concluded by stated that he disagrees with allowing this to go through with basically no parking. Bob Prater with the Garden Community Church read a letter from their Senior Pastor, Dr. David T. Goe. He submitted the letter into the record. Bob Bell, representing CITA Development, the project applicant, as well as Garden Community Church, presented some background. He also stated that this Church fits the community. He stated that they are asking for a waiver of 100 less stalls, as they now have 136 stalls. He stated that they are interested in mitigating any concerns because they want to remain good neighbors. The public hearing was closed. Member _____ inquired if the revised change to increase the spaces to 136+ off- site parking spaces, identified through the parking study, are around 245. Staff responded it is 245 if you count all of the parking spaces along the four frontage streets on both sides of the street, plus the off-site parking the applicant is proposing. Member ___ inquired if it was normal to have an off-site parking lot outside of the 500 ft. radius, to which Staff responded that it is permitted up to 1000 ft. by right. Member ___ inquired how many residences there are in close proximity. Staff responded that it is a very mixed development pattern, pointing out that there are some immediately across the street to the west and south. Staff indicated that the property to the west all appear to have drive-ways and garages, and a couple of houses to the south do not have off-street parking. Staff stated that most of the uses in this area are commercial in nature. Minutes, BZA, 11/13/07 Page 4 Member _____ inquired if the commercial sites are typically Monday through Friday types of operations. Staff responded that Mike Brand owns a business to the north which may have some activity on the weekend. Member _____ stated with regard to Mr. Milton’s comment about there being an environmental concern he may just mean the impact to the area, and that he does not see an environmental impact. However, Member ___ stated there is the potential for inconveniences to the residents directly to the west. Member ____ stated that he would not anticipate freight loading into a sanctuary like this. Member ____ stated that was has occurred between the October meeting and now is a drastic change in the application, which is a good thing for the neighborhood. He stated that he would support this item. Member _____ moved to adopt the attached resolution with all findings and conditions approving Modification 07-1743 as depicted in the project description. Motion carried by the following roll call vote: AYES: Members: Zaragoza, Burns, Underwood NAYS: None ABSENT: None 5.COMMUNICATIONS None. 6. BOARD COMMENTS: Member ___ welcomed Member Underwood to the Board. 7. ADJOURNMENT: There being no further business the meeting was concluded at _____ p.m. The next Board of Zoning Adjustment meeting is scheduled for December 11, 2007. Delores Oldham, Recording Secretary _______________________________________ JIM EGGERT, Assistant Planning Director