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HomeMy WebLinkAbout09/04/01 & 09/06/01 AGENDA REGULAR MEETINGS OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Tuesday, September 4, 2001 - 12:15 p.m. andThurSday, September 6, 2001 - 5:30 p.m. COuncil Chambers, City Hall ROLL CALL STEPHEN BOYLE, Chairman RON SPRAGUE, Vice Chairman MA THEW BRAD Y DA VID GA Y TOM MCGINNIS JEFFREY TI(AC *MURRA Y TRA GISH PUBLIC STATEMENTS (Ward 4) CONSENT CALENDER 3.1 . Non-Public Hearing Items: 3.1a Approval of minutes of the regular meetings held July 30 and August 2, 2001. 3.1b Wall and Concept Plan - Vesting Tentative Tract Maps 6007 and 6033 (Mclntosh- & Assoc.) A wall and concept plan and identification corner monumentation. (Exempt from CEQA) 3.2 Public Hearing Items - None Group Vote. PUBLIC HEARINGS - Tentative Tract Maps 4.1) Vesting Tentative Tract 6045 (Mclntosh'& Associates) generally located 1/~ milewest of Buena Vista Road, north of White Lane (extended), on the northwest corner of Chamber Blvd. (extended) and future Windermere Street. (Negative Declaration on file) A proposed subdivision containing 32 lots for Single family residential purposes, and 1 lot for a well site on 13.47 acres, zoned R-1 (One Family Dwelling); a request to allow for private Streets; and waiver of mineral rights signatures pursuant to BMC'16.20.060 B.1. ~? * This pre-meeting agenda may be amended up'to 72 hours prior to the Planning Commission meeting', at which time a final ag-enda may be obtained from the Planning Department. Items listed on this agenda will be continued to 5:30 p.m. on the Thursday following the date listed on this agenda. Agenda, PC; Tues/Thurs - September 4 & 6, 2001 -- Council Chamber, City Hall Page 2 RECOMMENDATION: Roll Call Vote APPROVE (Ward 4) 4.2) Vesting Tentative Tract 6046 (Mclntosh & Associates) 'generally located mile west of Buena Vista Road, north of White Lane (extended), on the southwest corner of Chamber Blvd. (extended) and future Windermere .Street. (Negative Declaration on file) A proposed subdivision containing 48 lots on 20.83 acres for single family residential purposes, zone R-1 (One Family Dwelling); a request to allow maximum ~block length to exceed .1,000 feet, a reverse corner lot; and waiver of mineral rights signatures pursuant' to BMC 16.20.060 B.I. RECOMMENDATION:. APPROVE Roll Call Vote Sm (Ward 1) 'PUBLIC HEARING - Zone,Chan ge No. P01-0539 - Grocery Store/Fuel Islands (Hopper Properties, L.P.) located at 1101 Union Avenue (southwest corner of Union AVenue and California Avenue). (Negative Declaration on file) A request to change the zoning from C-2 (Regional Commercial) to PCD (Planned Commercial Development) zone on 4.3 acres to allow a 53,910 square foot grocery store and fuel islands and a'request for a_modification of~ the parking requirement to permit a reduction in the number of standard parking spaces from 180 spaces to 161 spaces and to allow 46 compact parking spaces. The total number of Parking spaces provided will be 201 spaces where 180 spaces are requ!red by ordinanCe. (Continued from August 2, 2001) RECOMMENDATION: Roll Cai!Vote APPROVE (Ward ADMINISTRATIVE:REVIEW FOR LINEAR PARK CONCEPT PLAN (P01-0654) (Port-er~Robertson) located west of Miramonte, south of Highway 178. Declaration onfile) Conce pt plan for linear park in Tentative Tract 5656. RECOMMENDATION: APPROVE (Negative Roll Call Vote *- This .] agenda maybe amended up to 72 hours pdor to the Planning Commission meeting, at which ' time a final agenda may be obtained from~the Planning Department. Items listed on this agenda will be continued to 5:30 ~.m: on the ThursdaY following the date listed on this agenda. Agenda, PC, Tues/Thurs - September 4 & 6, 2001 -- Council Chamber, City Hall Page 3 COMMUNICATIONS* ' .*- A) Written B) . Verbal COMMISSION COMMENTS A) .committees DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING. 10.~ ADJOURNMENT August 22, 2001 JAMES D. MOVIUS, Secretary Acting Planning Director * T, his pre-meeting agenda may be. amended up to 72 hours prior to the Planning Commission meeting, at which time a final agenda-may be obtained from the Planning Department. Items listed on this agenda will be continued to- 5:30 p.m. on the Thursday following_the date listed on this agenda. Council Chambers, City Hall, 1501 Truxtun Avenue ROLL CALL Present: Absent: Commissioners Boyle, Brady, Gay, McGinnis, Sprague, Tkac, Tmgish None ~ Advisory Members: Staff: Ginny Gennaro, James D. Movius, Jack Leonard, Marian Shaw Pam Townsend PUBLIC STATEMENTS None. CONSENT CALENDAR: 3.1 Non-Public Hearing Items: 3.ia Approval of minutes of the regular meetings held July 30 and August 2, 2001. 3.2 3.1b Wall and Concept Plan - Vesting Tentative Tract Maps 6007 and 6033 (Mclntosh & Assoc.) A wall and concept plan and identification corner monUmentation. (Exem pt from CEQA) Public Hearing Items - None These items were continued until Thursday nig bt. o PUBLIC HEARINGS - Tentative Tract Maps 4.1) - Vesting Tentative Tract 6045 (Mclntosh & Associates) (Ward4i Staff stated since the last meeting there is correspondence dated August 31st. There have been some management changes at Stream Energy including the possibility that Jeff Smith will no longer be working on this project with Castle & Cooke. Castle & Cooke' will be requesting a continuance. No Commissioner comments. Item continued until Thursday. Minutes, PC, September 4, 2001 Page 2 4.2) Vesting Tentative Tract 6046 (Mclntosh & Associates) (Ward4) Same as Agenda Item 4.1 No additional staff comments. PUBLIC HEARING - Zone Change No. P01-0539 - Grocery Store/Fuel Islands (Hopper Properties~ L.P.) (Ward ~) Staff stated that the proposed grocery store and fuel islands are consistent with;the General Plan designation of the site, and the 180 required parking spaces are based on one parking space for each 300 square feet of building area. This grocery chain usually provides one parking space for each 200 square feet and this is why they are asking for the compact parking spaces. Staff is opposed to compact parking 'spaces because in reality there really is no way to monitor their use and they are utilized by any Cars. The site does have enough area to provide the required parking spaces by ordinance; Staff recommends denial of [he applicant's request for compact parking ~paces. At a neighborhood meeting I~eld on August 25th the issues and concerns discusSed were: 1) the existence of driveway access onto Pershing Street; 2) the existence of the fuel islands; 3) the lighting impacts created; and 4) the requirement of an EIR. Staff recommends approval Of the applicant's revised site plan with the two driveways located on Pershing Street. Regarding the fuel islands, staff recommends approval of the two driveway access points on Pershing Street, as proposed by the applicant. Regarding the lighting issues, staff has recommended, and the applicant has agreed, to construct a four foot tall block wall measured from the grade of the parking lot to block light from the residences. Staff is further recommending that light standards not exceed 25 feet in height, and be directed away from the residences. The lighting for the fuel islands will be recessed under the canopy to reduce the lighting impacts. The applicant suggested that he can provide a 'study providing evidence that a taller light standard of a specific intensity directed away from residences can be more effective at directing light away from the residences then erecting more light standards closer together. Staff has added a condition that the Planning Director approve- that study prior to development and the applicant will present upon presentation of the development plan for final development. Regarding the EIR, staff is of the opinion that there is no basis for requiring an EIR in that the ' area is not environmentally sensitive and there is no evidence that the proposed development has the potential to create significant unmitigated adverse environmental impacts. CEQA provides a statutory exemptiOn for in-fill development that is: a) consistent with the applicable General Plan designation and policies and zoning regulations; b) the proposed development occurs within the City limits on a project site of no more than 5 acres substantially surrounded by urban uses; c) the site has no value as habitat for endangered, rare or threatened species; d) approval of the project wouldl not result in any significant impacts relating to traffic, noise, and air or water quality; and e) that the site can be adequately served by all required utilities and public services (CEQA 15332). This site meets that criteria. Staff has determined that this proposed project has not changed substantially from the project that was originally considered. No significant impacts will result from this project. Minutes, PC, September 4, 2001 Page 3 :In response to the neighborhood concerns the revised site plan is as follows: 1)the number of driveways on Pershing Street have been reduced from three to two, 2) Truck traffic must now enter from Union Avenue and exitonto California Avenue, 3) The truck loading dock is now recessed and is located on the southwest side of the building where it was previously on the Southeast side, 4) The trash compactor area is now located on the southeast side of the building where it was previously on the southwest side and 5) Applicant proposes to provide a photometric study that Will ensure that the amount of light spilled over into the neighborhood is limited. The photometric study will show the amount of light spill over that will be seen at the sidewalks and the residences on Pershing Street. PhotograPhs were presented for reference. Commissioner McGinnis inquired what the present zoning is on the parcel to which staff responded the zoding is C-2 with a condition that it be developed with a PCD. He further inquired if the PCD prohibits the applicant from withdrawing his request and just putting the store in to which staff responded that the store cannot be put in without going through the PCD process. Commissioner Tragish asked how trucks will be kept off of 11th Street after cOming out onto Pershing, to which staff responded that there will signs up for the trucks. CommisSioner Tragish' also asked what the hours were for the fuel islands to which staff responded that they will get that information for Thursday's meeting. Commissioner Tragish expr(~ssed concern for the parking spaces. Commissioner GaY inquired !f the photometric study will be governed by staff, to which staff responded that the applicantis aware that there cannot be any spill over of light into the neighborhood. Commissioner .Gay Stated that he will not support compact parking on this project. Commissioner Brady stated that for Thursday night's meeting he needs a better understanding Of how the trucks will fit in and how they will maneuver and how they will interface with street traffic and traffic on the project. Commissioner McGinnis stated the same concern as Commissioner Brady. Commissioner Boyle asked where the previous access to the old hotel was?. Commissioner Boyle inquired for Thursday's meeting if there will be a median, or if the street will have to be widened to accommodate a median. This agenda item was continUed to Thursday night's meeting. = (Ward 3) ADMINISTRATIVE REVIEW FOR LINEAR PARK CONCEPT PLAN (P01-0654) (Porter-Robertson) located west of Miramonte, south of Highway 178. (Negative Declaration on file) Commissioner sprague stated a conflict'of interest. Minutes, PC, September 4, 2001 Page 4 Staff report giVen recommending approval with the following condition that the Construction of the linear park be made upon recordation of the 90th single family lot that would ensure the linear park being constructed in a timely manner as residences move into the subdivision. 'commissioner McGinnis asked what a par course is, to which staff responded that it is an exercise park/outdoor gym. Commissioner Gay asked about tree spacing for Thursday's meeting. ThiS agenda item was continued to Thursday night's meeting. COMMUNICATIONS None. coMMISSION COMMEN~S None. 'DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING. This agenda i{em Was continUed to Thursday night's meeting. 10. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 1:20 p.m. Pam Townsend, Recording Secretary JAMES D. MOVIUS, Secretary Acting Planning Director October 16, 2001 AGENDA REGULAR MEETINGS OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD ROLL CALL Tuesday, September 4, 2001 - 12:15 p.m. and Thursday, September 6, 2001 - 5:30 p.m. Council Chambers, City Hall STEPHEN BOYLE, Chairman RON SPRAGUE, Vice Chairman MA THEW BRAD ¥ DA VID GA Y TOM MCGINNIS JEFFREY TI(AC MURRAY TRAGISH pUBLIC STATEMENTS CONSENT CALENDER 3.1 Non-Public Hearing Items: 3.1a ApproVal of minutes of the regular meetings held July 30 and August 2, 2001. 3.2 3.1b Wall and COncept Plan - Vesting Tentative Tract Maps 6007 and 6033 (Mclntosh & AssOc.) A:wall and concept plan and identification corner monumentation. (Exempt from CEQA) Public Hearing ItemS --None Group vote (Ward 4) PUBLIC HEARINGS - Tentative Tract Maps 4.1) Vesting Tentative Tract 6045 (Mclntosh & Associates) generally located mile west of Buena Vista Road, north of White Lane (extended), on the northwest corner of Chamber Blvd. (extended) and future Windermere _- Street. (Negative Declaration on file) A proposed subdivision containing 32 lots for single family residential purposes, and 1 lOt for a well site on13~47 acres, zoned R-1 (One Family Dwelling); a request to allow for private streets; and waiver of mineral rights signatures pursuant to BMC 16.20.060 B.I. * This pre-meeting agenda may be amended up to 72 hours pdor to the Planning Commission meeting, at which time a final agenda may be obtained from the Planning Department. Items listed on this agenda will be continued to 5:30 p.m. on the Thursday following the date listed on this agenda. Agenda, PC, Tues/Thurs - September 4 & 6, 2001 -. Council Chamber, City Hall Page 2 (Ward 4) (Ward 1) (Ward 3) 41.2) RECOMMENDATION: : APPR~0VE Roll Ca~l Vote I: Vesting Tentative Tract 6046 t C!ntosh & Associates) generally located 1/2 mile west of Buena Vista Road, north of White Lane (extended), on the southwest corner of Chamber BI Ivd. (extended) and future Windermere Street. (Negative Declaration on file) II A proposed subdivision containing 48 10ts On 20.83 acres for single family residential purposes zone R-1 (One Family Dwellihg); a request to allow maximum block I,ength to exceed 1,000 feet, a reverse corner Iot;;:and waiver of mineral rights signatures pursuant to BMC 16.20.060 B.1. RECOMMENDATION! AppROVE Roll Call Vote PUBLIC HEARING - Zone Change No. P01-0539 - Grocery Store/Fuel Islands (Hopper Properties, L.P.) located at 11q~1' Union Avenue (southwest corner of Union Avenue and California Avenue). (Negative Declaration on file) A request to change the zoning from C-2 (Regional Commercial) to PCD (Planned Commercial Development) zone on 4.3 acres to allow a 53 910 square foot grocery store and fuel islands and a request for a mod~flcabon of the parking requirement to permit a reducbon in the number of s.tandard parking spaces from 180 spaces to 161 spaces and to allow 46 compact parking spaces. The total number of parking spaces prowded will be 201 spaces where 180 spaces are required by ordinance. (Continued from Augus[ 2, 2001) RECOMMENDATION: APPROVE Roll Call Vote ADMINISTRATIVE REVIEW FOR LINEAR PARK CONCEPT PLAN (P01-0654) (porter-Robertson) located west of Miramonte, South of HighWay 178. (Negative Declaration on file) " Concept plan for linear park in Tentative Tract 5656. RECOMMENDATION: APPROVE Roll Call Vote :; * Th s pre-meet ng agend'a may be amended up.to 72 hours'i prior to the Planning Commission meeting, at which t~me a final agenda may be obtained from the Planmng Department. Items listed on this agenda will be continued to 5:30 p.m., on the 'l'hursdag following the date hsted on thIs agenda. Agenda, PC, Tues/Thurs - septem, bpr_4.&~6, 2001 -- Council Chamber, City Hall Page 3 7. COMMUNICATIONS A) ' .Written B) Verbal COMMISSION COMMENTS A) Committees DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE,MEETI NG. i'0. ADJOURNMENT August 22. 2001 Acting Planning Director" * This pre-meeting agenda may be amended up to 72 hours prior to the Planning Commission meeting, at which time a final agenda may be obtained from the Planning Department. Items listed on this agenda will be continued to 5:30 p.m., on the Thursdayfolk~wing the date listed on this agenda. Council Chambers, City Hall, 1501 Truxtun Avenue ROLL CALL Present: Absent: Commissioners Boyle, Brady, Gay, McGinnis, Sprague, Tkac, Tragish None Advisory Members: Staff: Ginny Gennaro, James D. Movius, Marian Shaw, Jack Leonard Louise Palmer, Pam Townsend PUBLIC STATEMENTS: None CONSENT CALENDAR: 3.1 Non-Public Hearing Items: 3.1a Approval of minutes of the regular meetings held July 30 and August 2, 2001. 3.1b Wall and Concept Plan - Vesting Tentative Tract Maps 6007 and 6033 (SmithTech USA) A wall and concept plan and identification corner monumentation. (Exempt from CEQA) 3.2 PublicHearing Items - None Motion made by Commissioner Gay to accept the consent calendar with the exception that the Engineering Firm on 3.1b is SmithTech USA and not Mclntosh. Seconded by Commissioner Tkac. Motion carried. PUBLIC HEARINGS - TentatiVe Tract Maps 4.1) ' Vesting Tentative Tract 6045 (Mclntosh & Associates) (Ward 4) 4.2) Vesting Tentative Tract 6046 (Mclntosh & Associates) (Ward 4) Staff responded that since Monday's meeting additional correspondenceihas been received from MclntOsh and Associates, the applicant, requesting that these items be continued to September 20th meeting, and staff recommends approval of that request. Public Portion of the hearing opened for those in opposition to staff's recOmmendation to continue this matter until September 20th. Public portion of the hearing opened for those in favor to staff's recommendation to continue this' matter until September 20th. Minutes, PC, Thursday, September 6, 2001 Page 2 Public portion of the hearing is continued until September 20th meeting. COmmissioner Sprague moved to continue items 4.1 and 4.2 until the September 20, 2001 .meeting. Motion seconded by Commissioner Gay. Motion Carried PUBLIC HEARING -Zone Change No. P01-0539 - Grocery Store/Fuel Islands (Hopper Properties, Lp.) (Ward 1) Staff reported that since Monday's pre-meeting, staff has responded to several questions in memo form that came up at that meeting. One item from Commissioner Sprague regarding truck- headlights shining intO residents to the west, the trucks will have a recessed loading dock approximately 120 feet between the loading dock and the street. The applicant has indicated that they do propose to construct a 6' block wall from the southern most drive-way on Pershing Street to the property line which will assist in blocking that light. Regarding the View from Pershing to the Arco Station and whether there will be any barriers, there is not an internal wall barrier Proposed adjacent to the Arco Station. : Uses south of'the property site are zoned C-2 and R-4, with most of it C-2. There is a Turning Point facility (return to custody facility/half-way house for inmates), and the R-4 portion is currently unused although there are buildings there and the windows have been boarded up to avoid trespassing. In response to Commissioner Tragish's inquiring into the hours of operation, the applicant is proposing to operate 24 hours a day. Lighting from the fuel islands will be addressed tonight, and staff has added a condition that the applicant shall include light created by the fuel island be included in the photometric that will be submitted, and the applicant does propose to recess and screen the lights from the neighboring uses. Regarding the qUestion on Monday about access, the old Bakersfield Inn did not require access to Pershing Street when it was built, but the same would not be true today per Fire Department regulations: Public Works stated that in response to the question regarding placing a median island on Pershing Street, it is not feasible. It is not wide enough and if it were widened; it would eliminate 25 to 26 parking spaces, which possibly would then put them one space under the code requirement, The public portion of the hearing opened for those in opposition to staff's recommendation. Willie Shell, a resident in the neighborhood (1031 Pershing St.) stated that the issue they have is with the traffic hazards that are being created by putting in the curb cut on Pershing Street. The ~residences in this area have ~pent a great deal of money in bringing their homes up to code. The value in his home is going to go to zero because the proposed curb cut dumps right into his front yard ~ Kelly Sanchez has lived on 10th Street for 35 years. She does not want the traffic diverted into her neighborhood. Jerry COugar who lives at 729 Union Avenue has.been a resident for 11 ¼ years. There is a problem with prostitution and pimps with the truckers. The exits can be on Union and California Avenue. Minutes, PC, Thursda¥~ September 6, 2001 Page 3 VernOn Strong, who lives at 201 11th Street, expressed his concerns regarding the project and requested the Commission to deny the zone change and send it back to staff for. further study and recommendation. Mr. Strong said that the last portion of the staff report stated that "staff has ini:luded changes in the attached resolution Exhibit "A" and in the conditions of aPproval Exhibit "1" to reflect the revised site plan and changes made as a result of meetings between the Council person in the ward, the neighborhood, the applicant and staff." He said that he has never seen that reference in any staff reports and thinks it is inappropriate and compromises the independence and the integrity of the Commission. Mr. Strong went on to ask staff some questions. The first question is if the Commission takes action and approves this project, what in fact goes into effect? There have been too many reports and addendums to understand which things are included. For instance, two of three reports recommend truck traffic. If staff recommends truck traffic through the neighborhood, he cannot believe that staff is sympatric !o the needs of the residents and homeowners. Commissioner Boyle said that the only staff report they will approve tonight is the supplemental staff report dated September 6 and that would be limited to the conditions attached to that supplemental staff report and all of the prior staff reports and exhibits would not be approved. Mr. Strong asked if the Commission was provided with a copy of the negative declaration? Ms. Gennaro said that these types of questions and answers are not appropriate parliamentarian procedure during this hearing.' The Commission is certainly free to ask questions of the applicant and may provide an opportunity to ask some questions of speakers later but it is :not appropriate for staff to be asked questions by the speakers at this time. Commissioner Boyle said he knows that it is not appropriate parliamentarian procedure but he feels that the community feels that they have had as many questions answered as possible, he would like to do it in that manner. Mr. Movius said a previous neg dec that was used for the GPA and zone change was used for this project and under CEQA no further environmental study is necessary so it was not included in the CommissiOner's packet. Mr. StrOng stated that he feels there is a very big difference between what is proPosed today and what was proposed four years ago. The store size at that time was 48,700 square feet. Right now it is 53,910 feet. The acreage is different and there was no gas island at that time. Mr. Strong feels that you cannot separate the project from the zone change. It is how it is going to affect the' surrounding neighbbrhood. In 1997, there were no curb cuts recommended and today they are recommending two curb cuts that will allow a flow of traffic right back through the neighborhood.~ The owner of the Arco Gas Station on the other side of the lot expressed his concerns with gangs and shootings at his location. He does not agree with putting in a gas station right behind this gas station which is barely able to !stay open, and in fact has to close for a couple of hours to avoid the gang. problems. Allison Shehe is the principal researcher of a phenomenon of the largest naturalized population of Rosering Parakeets in North America which live at the corner of Union and California. The birds roost at night and she feels the development will disburse the flock. Public portion of the hearing is opened for those in favor of staff's recommendation. Stephanie Campbell, a resident of southeast Bakersfield, and a member of the Project Redevelopment Committee for Southeast Bakersfield speaking on her own behalf stated that she doesn't understand the uproar over a few curb cuts for a grocery store that everyone wants. Ray Dmohowski stated that a survey was Conducted on Pershing Street between 8th and California Avenue, 9th Street from Pershing St. to T, 10th Street from Pershing to T, 11th Street from 'Pershing to T. There were 68 responses to the survey and half stated they had received an Minutes, PC, Thurs'day~ September 6, 2001 Page4 invitation to the neighborhood meeting held on August 25,' 2001. Seventy-eight percent gave unqualified .support to building the supermarket. About 9% indicated they supported the supermarket but had qualifications to their support. About 5% gave responses unequivocally opposing it. Jonathan Webster, at 101 Donna Avenue, stated that for the benefit of this community they need to begin to anchor some .things and move this project forward. Nine residents of the area spoke and expressed their support for the project but do not want traffic to have access to Pershing Street. They expressed a desire to compromise. Lee Jamieson with Hopper Properties, the developer and owner of the site, did not own the site in 1997, but became involved about two years ago, when he was approached to help develop this site into a groCery store. The :issues of concern to the citizens have been addressed. If there are no curb cuts there will be no project. Project is exempt from CEQA. Gill Anthony pleaded that the Commission work with the citizens' concerns so this much needed project can go forward. The public portion of the hearing is closed. A five minutes recess was taken. The hearing is opened for Commissioner comments. Commissioner McGinnis inquired what the most northern (next to the fuel island on the north side) cut out of the curb Could be, to which Mr. Jamison responded that there is a block wall with a fence proposed on the colored elevation. There is no way to actually screen the actual curb cut in the areas as you drive out of a driveway. There is landscaping outside of the fence with trees and shrubs. With regard to Mr. Shell's property the exiting traffic lights would shine right on his house, and the applicant would be willing to put in additional landscaping to mitigate this issue. Commissioner McGinnis stated that he is in favor of the project but has a concern about the traffic. Commissioner. Brady asked if as a part of staff's recommendation the Negative Declaration being relied on for CEQA purposes from the prior zone change is complying with CEQA, to which staff responded that the project is, in fact, exempt from CEQA because it is an in-fill project, and the previous Negative Declaration can be used because both are legitimate uses of CEQA.. Commissioner. Brady inquiredif them needs to be a finding as part of the motion about the use of the Negative Declaration or the CEQA exemption, to which staff responded that the findings am in the resolution that the Commission would be adopting, and it does reference the previous Negative Declaration as being appropriate for this project, and therefore does not need to be specifically in the motion. Steve Walker, Traffic Engineer, stated that based upon his review it is appropriate to rely on the Negative Declaration plus any additional information provided for this project because this is significantly the same size, it's in the same type of use (commercial use) which is designed for the GPA zone change that the traffic study was initially prepared for, it fits the categOry and description that Was in the initial study, and because it's a specific use now instead of a general use, it still fits the description. Minutes, PC, Thursday,. September 6, 2001 Page 5 Steve Walke~ further stated that in regards to the traffic patterns, there will be additional traffic to Pershing, but the design shown is to minimize that effect of additional traffic, and there through, and the traffic pattern shown will also reduce the traffic impact from truck deliveries to a near minimum. Steve Walker stated that the traffic study design shows there will be additional traffic on Pershing Street which will be minimized with well placed major drive approaches on California and Union Avenue through which most of the traffic will be going. Commissione~ Brady stated that based on the evidence presented at this hearing, and in the document available he feels comfortable that this project could rely appropriately on the Negative Declaration from the prior project which was a zone change and general plan amendment. In addition, he believes that this project does meet the test of Section 15332 as an"in-fill development project and therefore is exem pt from CEQA. Commissioner Brady discussed his lighting and truck concerns. He also further discussed Mr. Shell's concerns. Commissioner Sprague discussed his curb cut concerns with landscaping shielding. Commissioner Sprague proposed, and the fire department confirmed that it wasacceptable, that as part of the fencing that goes in along Pershing Street that the southwest corner integrate a crash gate that would be shielded so the truck lights could not shine through it to the houses across the street, but would be accessible to the fire department by lock and key or by crashing through the gate in the event of a fire which will eliminate secondary access problems for the neighbor to the south. Commissioner Sprague requested L-sha ped cutouts for pedestrian access to which Mr. Jamieson responded that he was not in favor of this as they are providing landscaping and a sidewalk along Pershing, and he is uncomfortable with an access point in the middle of a parking lot for safety reasons Commissioner Sprague stated that he supports the project but he would like to see changes to the wall, lighting along the wall and to the lane, the crash gate issue needs to be addressed, the curb cut should be moved to 11th Street. Mr. Strong further expreSsed his cOncerns. CommissionerGay expressed his concerns with the gas station, compact parking spaces (which he would not support) and traffic issues. Commissioner'Tragish expreSsed his concerns regarding the cut curbs and other issues. CommissiOner Boyle believes that moving the curb cut to 11th Street will minimally mitigate the impact of light, but not the traffic, and supports moving the curb cut to 11th Street. Commissioner Boyle asked if.there should be an additional finding that CEQA is exempt to which staff responded in the affirmative. He stated that he agrees that there are no significant impacts and they can rely on the previOus Negative Declaration. Commissioner Boyle concurred with other Commissioners that a condition should be added that the Urban Forrester be involved in an advisory capacity in helping t° design the landscaping. Minutes, PC, ThursdaY, September 6, 2001 Page 6 Of the 1200 projected additional traffic trips on Pershing ~Street, realistically it will. probably only be 240 trips, and this is not significant compared to what the street is designed to handle. Commission Tkac stated that he agrees with the driveway alignment with 11th Street. He also stated other concerns and cor~currences with other Commissioners. It was discussed that mini roundabouts might "calm" the traffic. Commissioner Brady made a motion, seconded by Commissioner Sprague, to aPprove zone -change P01-0539 with findings and conditions set forth in the attached Resolution Exhibit '%" and recommend the same to City Council with the following changes: 1 ) The second sentence, in the resolution that reads "if this project pertains to the Negative Declaration previously approved 'in conjunction with project number P96-0777" that we add, "and that this project is exempt from CEQA because it is an in-fill development project and meets all of the conditions of an in-fill project pursuant to_ California Code of Regulations 15332." 2) Condition Number 10 be amended to read "delivery trucks shall not make deliveries to the Project between 12 a.m. and 5 a.m." 3) 4) 5) 6) A condition be added ,that a crash gate be added to the southwest portion of the project on Pershing Street, which shall be shielded from light and that there will be uniformity from the wall to the crash gate. The southern proposed curb cut on Pershing Street on the project be aligned with 11th Street. The Urban Forrester will be involved in an advisory capacity to assist the Planning Director in approval of trees. The developer shall construct a six foot wall from the highest adjacent grade from the southern most driveway on Pershing to the south property line behind the landscape strip with the recognition of~ the need'for the crash gate. 7) Along the western edge of the property on Pershing Street the area ~betWeen the wall and the building will be lighted from lights that are attached to the wall facing the lights toward the building (inverted lighting). ~ Motion carried by the following roll call vote: AYES: Commissioners Brady, Gay, McGinnis, Sprague, Tkac, Tragish, .Boyle NOES: : None ABSENT: None ADMINISTRATIVE REVIEW FOR LINEAR PARK CONCEPT PLAN (P01-0654) (Porter- Robertson) (Ward 3) Commission Sprague declared a conflict of interest on this item. MinUtes, PC, Thursday, September 6, 2001 Page 7 Staff stated that there is a memo in response to a question from Commission Gay regarding the tree plan to which the Parks Department provided a recommendation that should be part of the motion. CommissiOner Gay made a motion, seconded by Commissioner Brady, to approve the concept Plan for the linear park in Tentative Map 5656 with the conditions and findings set forth in the attached Resolution and inCorporating the Acting Planning Director's memo dated September 6th to include onlY' the statement "the selection of tree species shall be approved by the Urban Forrester or his designee." MOtion carried by the following roll call vote: AYES: Commissioners Brady, Gay, McGinnis, Tkac NOES: Commissioners Tragish, Boyle ABSENT: ~ Commissioner Sprague COMMUNICATIONS None. COMMISSION COMMENTS Commissioner Sprague made comments about the access road onto Calloway from the Promenade project on Rosedale and requested an update. Commissioner Boyle advised that he has a inquiry from the League of California ~Cities if there are volunteers to be on a panel totrain other commissioners. 9. DIsCusSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE- MEETING. It was decided that a pre-meeting will be held on September 17, 2001. 10. ADJOURNMENT There being no further busineSs to come before the Commission, the meeting was adjourned at 10:15 p.m. October 16, 2001 Pam Townsend, Recording Secretary ~_..../JAMES D. MOVIUS, Secretary Acting Planning Director ROLL CALL Present: Absent: Council Chambers, City Hall, 1501 Truxtun Avenue Commissioners Boyle, Brady, Gay, McGinnis, Sprague, Tragish Com missioner Tkac Advisory Members: -Ginny Gennaro, James D. Movius, Dennis Fidler, Marian Shaw Staff: Marc Gauthier, Louise Palmer, Isabel Williams PUBLIC STATEMENTS None CONSENT CALENDAR: 3.1 Non-Public Hearing Items: 3.1a 3.1b Extension of Time for Vesting Tentative Tract 5941. (Porter-Robertson) Containing 242 lots for single family residential purposes, zoned R-1; located north of Berkshire, east and west of Monitor Street. (Negative Declaration on file) (Ward 7) General Plan Consistency finding for the sale of approximately 13.00 acres of surplus land, located on the south side of Brundage Lane, north side of State Route 58, approximately one-fourth mile west of Oswell Street and one-half mile east of Mt. Vernon Avenue. (Kern Sanitation Authority) (Exempt from CEQA) (Ward 1) 3.1c General Plan Consistency finding for the sale of a 1,518 square foot portion of a 11,430 square foot water well site owned by the City, located on the east side of Jewetta Avenue, west side of Bridge Pass Drive, south of Eagle Rock Drive and 2,081.16 feet south of the Jewetta Avenue Brimhall Road intersection. (City of Bakersfield Property Management) (Exempt from CEQA) (Ward 4) These agenda items were continued to Thursday night's meeting. 3.2 Public Hearing Items 3.2a A request for release of covenant for Parcel Map 10054. (Porter-Robertson) Located at the northwest corner of Coffee Road and Olive Drive. (Exempt from CEQA) (Ward4) _~ Minutes, PC, September 17, 2001 Page 2 This is a request for release of a covenant placed on this parcel map to ensure that adequate access would be granted between the parcels. This parcel map has subsequently gone through three changes which has moved those parcel lines, and therefore, the applicant is requesting that the covenant be released. There is still an opportunity to provide adequate access between the parcels at the site plan review phase and covenants and/or documents ensuring access between the pa~'cels will be required. Commissioner Sprague inquired what type of tenant is proposed in the large building to which staff responded they will try to find this out for Thursday's meeting. Commissioner Sprague inquired of the proposed parking lot layout to which staff responded it will be set forth in the site plan review and the reciprocal access requirement will handle this. Commissioner Tragish asked staff where the easement is located? This agenda item was continued to Thursday night's meeting. PUBLIC HEARINGS - Tentative Tract Maps 4.1) Vesting Tentative Tract 6045 (Mclntosh & Associates) and 4.2) Vesting Tentative Tract 6046 (Mclntosh & Associates) (Ward4) Staff reported that the applicant has indicated that they hope to have their issues worked out before Thursday's meeting, and if not they will request a continuance. 4.3) Vesting Tentative Tract Map 6077 (SmithTech USA, Inc) '(Ward4) Staff confirmed that there is a request for a continuance until the October 4th meeting. Commissioner Gay asked why Olive Drive moves to the north to which Staff responded that it is consistent with the General Plan. This agenda item was continued to Thursday night's meeting. PUBLIC HEARING -Zone Change P01-0599 (Goldman Enterprises, L.P.) (Ward2) Staff report given recommending approval of the pole at this location at the height of 120 feet. Staff also recommended a condition be added that requires the applicant t o provide documentation describing the.antennas capacity and that the applicant be required to offer co- location to no less than three wireless providers. Commissioner Sprague asked if any letters have been received in opposition from residents in the area to the 120 foot towers to .which staff responded that they have not received 'any objection letters, and further stated that they have notified the property owners (not necessarily the tenants). Commissioner Sprague asked if the 16 antennas on one tower means there are 16 individual panelsl Or if there would be 16 dishes to which staff responded that there could be a combination of dishes or panels/antennas.~ Minutes, PC, September 17, 2001 Page 3 Commissioner' Sprague stated that he concurs that Metropole is the better looking tower for the area, and that he is more concerned with the 120 feet and visuals from the surrounding property owners. Commissioner Sprague inquired if the Commission should be looking at new ordinances regarding towers to which staff responded that there needs to be a City-wide ordinance to deal with the issues involved.. COmmissioner sprague inquired if the applicant will screen the fencing around the pole to which staff responded that they will I~ave an answer at Thursday's meeting. CommiSsioner Sprague asked where the trash bins will be moved, to which staff responded they will have an answer at Thursday's meeting. · Commissioner. Gay asked where the two lost parking spaces will be relocated, to which staff responded they will .have an answer at Thursday's meeting. Commissioner BoYle asked if there are any other towers at 120 feet in the City, tO which staff responded in the affirmative.. Com missioner' Boyle also expressed design standards for these towers. This agenda item was continued to Thursday night's meeting. .6. pUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS, AND TEXT AMENDMENTS: -6.1a 6.1b General Plan Amendment P01-0219 (Coleman Homes) and Zone Change P01,0219 (Coleman Homes) (Ward4) Staff report given recommending approval. Staff stated that applicant' requests an amendment to the "type B trails" by'deleting the concrete rail fence, decreasing the width of the landscape area from 24% - 25% feet to 20 feet, adding natural rock pilasters and modifying bridge improvement standards for the Polo Grounds development. There were no Commissioner comments. This agenda item was continued to Thursday night's meeting. 6.2a 6.2b GeneraI plan Amendment P01-0326 (William Gammon) and Zone Change P01-0326 (William Gammon) (Ward6) Staff reported given recommending approval. Commissioner Sprague asked if they could hear from the Traffic Engineer at Thursday's meeting regarding traffic impact with or without the south beltway, and also inquired if any adjacent property owners within 300 feet of the subdivision have responded, to whiCh staff responded they will provide an answer at Thursday's meeting. Minutes, PC, September 17, 2001 Page 4 . Commissioner Spragge asked if the City Water Resources Agency would charge a $2;000 per acre water availability fee plus a meter hookup, to which staff responded that they will provide someone to explain this at Thursday's meeting. .~ Commissioner Boyle asked why they don't phase lots so that lots get inherently larger and larger and, therefore, :more expensive so there is an incentive to build in:other areas, to which staff responded that they are in the business of building a City that serves the County of Kern so it does not make any sense to do phased lots, becauSe on the south side of Taft Highway there will be 6,000 square foot lots and they will be .in the County of Kern. This agenda item was continued to Thursday night's meeting. 6.3a 6.3b 6.4 General Plan Amendment P01-0520 (Centex Homes) and Zone Change P01-,'0520 (Centex Homes) (Ward4) Staff Stated this is a prelude to annexation and they recommend approval. Commissioner Sprague asked how the water is accessed and if there is :a water hookup fee to which staff responded they will provide an answer at Thursday's meeting. Staff further commented that there is no request for apartments in this area at this time. This agenda item was continued to Thursday night's meeting. (ward General Plan Amendment P01-0566 (City of Bakersfield) Text amendment to the Parks Element of the Metropolitan Bakersfield 2010 General Plan to expand Central Park and rename it to "Kern Island Park." Staff is recommending approval. There were no Commissioner comments or questions. This agenda item was continued to Thursday night's meeting. 6,5 General Plan Amendment P01-0571 (City of Bakersfield) (Ward 3) Staff stated that in February of 2001 City Council directed 'staff that we should preserve some part of East Bakersfield, and maybe have a trail plan within it for all the recreational groups that use the area now and to make this happen. Councilman Maggard has been instrumental in making this project happen. : . Staff stated that no one wants off-road vehicles in this area. The end result with a series of policies: 1) Did they have this bubble map to show a general area of interest; 2) Intended uses were listed and they are all passive recreational; nothing mechanized; 3) the community has a conceptual plan; 4) will try to set the neighborhood parks adjacent so it can be accessible; 5) there will be linkages to Hart Park, over the CALM and out to the trail system in NE-Bakersfield. Overall strategy is to give developer an opportunity to make a profit on property that might otherwise not be Profitable. Minutes, PC, September 17, 2001 Page 5 There is support from the Kern Off-Road Vehicle Association, and the California Off-Road Vehicle ASsociation to get rid of °ff-road vehicles at that location and is a community application. commissioner Sprague asked what effect this will have on the current property owners who have already been assessed their bond fees, to which staff responded that if the developer or property owner wants to build and can make a profit they can, but the City is giving the developer an option of decreasing the impact fees. It basically gives the City ' the right to negotiate the property. This agenda item was continued to Thursday night's meeting. 7. COMMUNICATIONS -None. 8.- COMMISSION COMMENTS None.- 9. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 1:30 p.m. Pam Townsend, Recording SeCretary ~JAMES D. MOVIUS, Secretary Acting Planning Director October 16, 2001