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