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HomeMy WebLinkAbout12-11-2007 MINUTES OF THE REGULAR MEETING BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD Held Tuesday, December 11, 2007, 3:00 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1.ROLL CALL BOARD MEMBERS: Present: DONNA KUNZ, Chairperson PHIL BURNS BRAD UNDERWOOD STAFF MEMBERS: Present: PAUL HELLMAN, Principal Planner MICHAEL RICHARDS, Attorney GEORGE GILLBURG, Engineer II 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 meeting held November 13, 2007. Member Underwood moved to approve the minutes of November 13, 2007. Motion carried by the following roll call vote: AYES: Members: Kunz, Burns, Underwood NAYS: None ABSENT: None B.Public Hearing Items: 1.File No. 07-1885: Approval of a conditional use permit to allow the addition of a 1,400 sq. ft. covered patio area and a 648 sq. ft. restroom building at the existing St. Vincent de Paul service center in an M-1 (Light Manufacturing) zone district located at 316 Baker Street. Minutes, BZA, 12/11/07 Page 2 2.File No. 07-2110: Approval of a zoning modification to allow for the division of a single parcel containing four single-family residences into four parcels in a proposed R-1 (One-Family Dwelling) zone district; the subject property is currently zoned R-S (Residential Suburban). The requested modifications consist of reducing the minimum required lot area from 6,000 square feet to 4,945 square feet (2904 McCall Avenue) and 4,030 square feet (2900 McCall Avenue), reducing the minimum lot width from 60 feet to 47 feet (2900 McCall Avenue), and reducing the required off-street parking from two spaces to one (2900 McCall Avenue & 3505 Mesa Grande Street). 3.File No. 07-1945 : Approval of a conditional use permit for the organized use of 11 baseball fields, three of which are to be lighted for nighttime use, in an OS (Open Space) zone district located at 100 Jewetta Avenue (northeast corner of Stockdale Highway and Jewetta Avenue). The public hearing was opened. No one from the Board or the audience requested removal of any items from the consent calendar. The public hearing was closed. Motion made by Member Burns to approve public hearing consent agenda items. Motion carried by the following roll call vote: AYES: Members: Kunz, Burns, Underwood NAYS: None ABSENT: None 4.PUBLIC HEARING: 1.File No. 07-2183: A Conditional Use Permit to operate a 5,485 square foot retail jewelry store in a C-O/P.C.D. (Professional and Administrative Office/Planned Commercial Development) zone district located at 9700 Brimhall Road. The public hearing was opened and the staff report was given. David Milazzo of Milazzo & Associates Architects, representing American Jewelry Company, submitted packets containing photographs and proposed conditions of approval to staff and the Board. Mr. Milazzo provided a brief history of American Jewelry Company and their business philosophy. He then discussed their attempts to relocate their business to a site that they could purchase rather than lease. Mr. Milazzo pointed out that the architectural style and landscaping of the subject property would remain as it currently is. He pointed out that the proposed use is consistent with the existing office park because their hours of operation are off- Minutes, BZA, 12/11/07 Page 3 peak relative to office uses. He further stated that the parking requirement for the proposed use would be less than general and medical office uses, which would benefit rather than impact the office park. Mr. Milazzo stated that they propose a deed restriction (condition 4 in their packet) requiring that, in the event they were to close the business or vacate the building and move to another location, the building would revert back to an office use consistent with the site’s C-O/P.C.D. zone district. Mr. Milazzo concluded by asking the Board to look at the four proposed conditions at the end of their packet, which provide for limiting the hours of operation to Monday thru Saturday from 10:00 to 6:00, with an occasional private invitation reception; limiting signage to be consistent with the other office buildings in the park, including no window signs or banners on the exterior of the building; and compliance with the recorded CC&Rs for the park. In addition, American Jewelry Company would record a deed restriction requiring that, in the event they cease to do business at the subject premise for more than a one year period, excepting issues beyond their control, then CUP 07-2183 shall be vacated subject to the subject building reverting back to the underlying C-O/P.C.D. zone district. He also stated that the building’s westerly entrance would be the only means of public access into the building and that the building’s easterly entrance facing Calloway Drive would be removed and modified to match the remainder of the facade. David Gay stated that he is one of the owners of the Brimhall Square Shopping Center located at the northeast corner of the subject intersection, and that they are in agreement with the staff recommendation. He pointed out that there are three existing C-2 zoned corners at the subject intersection, including Rite-Aid at the southwest corner, a new retail/office center at the southeast corner, and their retail center at the northeast corner. He stated that when the current owner of the subject property applied for C-O zoning, they did not oppose it since it would not permit retail uses. Mr. Gay stated that he has met with Mr. Milazzo and pointed out that he has some very valid points, as the applicant is a great retailer in Bakersfield. However, Mr. Gay pointed out that once this center is opened up to retail uses through a CUP, the barnyard door will be left open, and the next retailer may not be of the same quality and, therefore, it might be more difficult to reject that person because of the precedent that has been set. He pointed out that they have offered American Jewelry Company a 30-year ground lease, with the option for an additional 30 years, for a pad in their center that can accommodate a 5,000 square foot building. He stated that at the southeast corner there are currently buildings for sale and that the zoning is appropriate for a jewelry store. In addition, Mr. Gay pointed out that if a CUP is approved, staff would have to enforce conditions for years and years, and he does not want to have to call staff Minutes, BZA, 12/11/07 Page 4 to complain that they are not living up to the conditions, which would subsequently require more regulation on the part of the City. He asked that the Board support the staff recommendation of denial because office uses were intended for the site. Mr. Milazzo pointed out that he spoke with Mike Walker, the contractor/developer of the center at the southeast corner of the intersection, who stated that they would not oppose the CUP request. The public hearing was closed. Member _____ asked staff to discuss the applicant’s proposed deed restriction condition of approval. Attorney Michael Richards responded that the City Attorney’s Office looked into this and found case law which they believe provides that this condition would be unenforceable, and perhaps illegal, because CUP’s run with the land, and to limit it to one owner is not only difficult, but has also been overturned by the courts. Member Kunz inquired if the proposal received any opposition. Staff stated that the letter handed out is from one of the neighbors to the north on Harvey Court, which was the only comment they received other than a phone call from Mr. Gay. He further clarified that the general plan amendment/zone change for the site was approved by the City Council in 2005, and that the initial request at that time was for commercial office and, therefore, there was no discussion about what type of commercial zone to apply since the applicant requested C-O zoning. Staff stated that with regard to the use, the Board could approve it as a retail jewelry store, and if the owner were to sell it or leave, then they could request to rescind the CUP and it would revert back to the C-O zone. Staff stated that, if approved, it could be any type of retail jewelry store, but that staff could not legally limit the store to a particular owner or tenant. Member Underwood inquired as to the timeframe for the renewal of a CUP. Staff responded that the City typically does not place time limits on CUP’s, unless there is some unusual reason to do so. Member Kunz inquired if signage would be allowed in the windows. Staff responded that the signage would be limited to a permanent monument sign, pointing out that there would be no temporary signs in accordance with the applicant’s proposed conditions of approval. Member ____ inquired what kind of traffic the jewelry store sees on a typical day. Mr. Milazzo responded that they typically have no more than 4 to 5 customers in the store at any one time. Minutes, BZA, 12/11/07 Page 5 Member ____ inquired how many people would attend the private evening receptions. Mr. Milazzo responded that it may be approximately 20 to 30 and that they would start at 6:00 or 7:00 in the evening and last up to about 3 hours at the most. Mr. Milazzo also stated that these are typically by invitation only. Mr. Milazzo stated that with regard to the City Attorney’s interpretation of the deed restriction, they submitted it with the request so that they would get a response back so that they could craft it in a way that would make it enforceable, and specifically enforceable by the applicant and the owner of the building. Member Kunz inquired if the property is no longer occupied as a retail jewelry store, if it would end the CUP when the building is vacated or sold for some other use. Staff responded in the affirmative. Staff stated that if this were approved and the jewelry store ceased to operate for more than a year, then the CUP would become void and be terminated. Member Kunz stated that she is in support of approving the CUP because the business is very benign and it has been operating in an office environment for many years. Staff stated that they have not had time to review the specific language of the proposed conditions of approval submitted by the applicant, and that if the Board were to approve the proposal the conditions would need to be included in the motion. Staff stated that alternatively, the item could continued to allow for staff to craft the conditions into a more final version, possibly including additional conditions staff may recommend. Member Kunz inquired if Mr. Milazzo’s clients would agree to a continuance. Mr. Milazzo responded they would accept a continuance, and requested that he be included in the crafting of the conditions. Member Kunz moved to continue File No. 07-2183 to the next meeting. Motion carried by the following roll call vote: AYES: Members: Kunz, Burns, Underwood NAYS: None ABSENT: None 5.COMMUNICATIONS None. 6. BOARD COMMENTS: None. Minutes, BZA, 12/11/07 Page 6 7. ADJOURNMENT: There being no further business the meeting was concluded at 3:44 p.m. The next Board of Zoning Adjustment meeting is scheduled for January 8, 2007. Delores Oldham, Recording Secretary _______________________________________ JIM EGGERT, Assistant Planning Director