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HomeMy WebLinkAbout04-17-08 MINUTES PLANNING COMMISSION MINUTES Regular Meeting – April 17, 2008 - 5:30 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL Present: , Commissioners Blockley, Johnson, Andrews, McGinnisStanley, Tragish, Tkac 2. PLEDGE OF ALLEGIANCE: 3. PUBLIC STATEMENTS: Mr. McCan wanted to speak on Consent Agenda Item 4.4, regular agenda item 5.2, therefore it was pulled from the Consent Calendar to be heard in its regular order. 4. CONSENT CALENDAR: 4.1 Non-Public Hearing Items 4.1a Approval of minutes for Planning Commission Pre- Meeting of March 17, 2008 and Regular Planning Commission Meeting of March 20, 2008. 4.1b Acceptance of Planning Director’s Report on Administrative Review 08-0354 (Castle & Cooke California) Commissioner Johnson amended the Minutes of March 20, 2008 on page 14 in the first block that says Commissioner Johnson should read as follows: “Brings me back to the days of law and cosign…” and it should read “Pythagorean theorem,” and not fraget theorem. He also stated that on page 18 the line at the very bottom paragraph says, “Commissioner Johnson inquired why the alignment….”, and should read, “Commissioner Johnson inquired why the 178 freeway alignment…” Commissioner Johnson moved, seconded by Commissioner McGinnis, to approve the Minutes, 4.1a and 4.1b, as amended. It was noted that Commissioner Tkac joined the commission. Motion unanimously carried by group vote. 4.2 Public Hearing Items 4.2a Approval of Extension of Time Vesting Tentative Tract Map 6442 (SmithTech/USA) 4.3 Approval of Continuance of Vesting Tentative Parcel Map 11783 to May 1, 2008 (DeWalt Corporation) 4.4 Approval of Vesting Tentative Parcel Map 11802 (Delmarter and Deifel) 4.5 Approval of Zone Change 08-0102 (Mark Sandoval) The public hearing is opened. At Mr. McCan’s request, item 4.4 was pulled from the Consent Agenda. The public hearing is closed. Commissioner McGinnis moved, seconded by Commissioner Johnson, to approve the public hearing item, except for item 4.4. Motion unanimously carried by the following roll call vote: AYES: Commissioners Blockley, Johnson, Stanley, McGinnis, Andrews, Tragish, Tkac Minutes of Planning Commission – April 17, 2008 Page 2 5. PUBLIC HEARING – VESTING TENTATIVE PARCEL MAPS/ZONE CHANGES 5.1 Vesting Tentative Parcel Map 11783 (DeWalt Corporation) Heard on consent calendar. 5.2 Vesting Tentative Parcel Map 11802 (Delmarter and Deifel) The public hearing is opened, staff report given. Charles McCan, President of Wholesale Fuels which is across the street from this project, stated he filed a letter with regard to the median design for this project. He stated that they are concerned about the safety because they are in the petroleum trucking business. He stated that the egress concerns them. The public hearing is closed. Commissioner Tragish asked Staff to indicate where the proposed median is suppose to be on East Brundage Lane. Staff responded that Brundage Lane is an arterial street, which will eventually have a median. He showed where the median would be. Staff agreed that a median would limit Mr. McCan’s access. Commissioner Tragish stated that he likes the idea of the median and what it promotes, but he would also like to see there be an eastbound left turn lane on Brundage for Mr. McCan’s property, however you would be turning right into traffic. Commissioner Tragish inquired if there is anything the Planning Commission can do to accommodate Mr. McCan, pointing out that he still has access off of South Mt. Vernon, as well as access off of Brundage if going westbound on Brundage. Staff stated that it appears that there is about 530’ for the furthest easterly driveway which appears to be part of the facility and they need 580’ to be able to have a left turn in. Staff stated that they do not have a way to accommodate Mr. McCan. Commissioner Tragish inquired about the east side of Mr. McCan’s property and asked if it is a place where he can turn in and come around. Staff responded that it appears that there is a building in the way and that it is not a driveway. Commissioner Tragish responded that he thinks Mr. Walker is correct. Commissioner Tragish inquired if they can give Mr. McCan some kind of variance where he can have a turn over or cross over on the median where the black line is at. Staff responded that it would not be their recommendation due to safety considerations. Commissioner Tragish inquired what the difference was if it was at that location or a few more feet to the east. Staff responded that the City standard for a left turn into a drive or street there has to be 580’ minimum, which allows for 200’ of storage at the arterial intersections. Commissioner Tragish inquired if the City has ever made any kind of exception or waiver of this rule. Staff responded that they have allowed slight modifications of 10 to 20 feet if it made a difference, however this situation is something beyond what the City would normally allow. Commissioner Tragish inquired how many feet Mr. McCan is off from the 580’. Staff responded that just using aerial photo mapping measurements, it appears to be at least 50’ and maybe 60’. Commissioner Tragish stated that is too much and that he agreed with Staff. Commissioner Johnson inquired of Mr. McCan how he responded when previously Brundage was closed down to lay the sewer line at Washington Street. Mr. McCan responded that as the property exists today, they have two drives into their facility and when the sewer was being laid they would either go east if they were headed to the refinery, or they would turn to the west and go down and get on the freeway at Mt. Vernon. Commissioner Johnson inquired if Mr. McCan’s trucks mostly take Highway 58 to get to where they need to get to, to which Mr. McCan responded in the affirmative. Commissioner Johnson inquired why Mr. McCan’s trucks can’t go down 58 and exit at Oswell and make a left hand turn and then make a right hand into the facility. Mr. McCan responded that today’s big issue is pollution and that would be adding to it because they would have to travel further. Commissioner Johnson inquired if there would be a pollution impact when idling waiting to make a left hand turn. Mr. McCan stated that the trucks will not always have to wait, but that they could be idling. Commissioner Johnson stated that he disagrees with Mr. McCan about the left hand turn, pointing out that the safety factors are important and that the minimal distance of travel by going down to Oswell is not that more significant. Commissioner McGinnis stated that he agrees with Mr. McCan with regard to the pollution aspect, however, he concurs with Commissioner Johnson that the pollution as opposed to going across two lanes of traffic with a petroleum truck does not quite equate. He stated that he thinks that it is just a matter of time for a median to go in and that he agrees with Staff’s proposal. Minutes of Planning Commission – April 17, 2008 Page 3 Commissioner Tkac stated that he does not see a big harm going down to Oswell and that he agrees with safety first. He inquired if it is absolutely 100% necessary that they give this to the applicant now, or can it be done differently. Staff responded that the applicant was aware of the conditions of approval and therefore the applicant is willing to build the median as required by Staff. Commissioner Tkac inquired if this is the only way to do this. Staff responded that this is the City standard and operational requirements. Staff commented that this situation is beyond the normal distances that the City can work with. Commissioner Tkac inquired if east Brundage at this subject point has been widened as far as it’s going to go. Staff responded that the north side of Brundage Lane is built out at its ultimate width as far as future six lane capacity and the south side, which is where the parcel tract map is under consideration, does not have complete frontage build out and that would be part of the improvement requirements. Commissioner Tkac inquired if there will be any turn lanes that will in any way widen this so that they could do something a little different. Staff responded that there is nothing that the developer is going to be able to do to this parcel map to accommodate a left in access to the parcel across the street. Commissioner Tkac stated that he will agree with his fellow commissioners and use the Oswell route to access Mr. McCan’s property. Commissioner Tkac stated that he is concerned with the trucks from all of the surrounding businesses in this area, anything short of what it should be would not be the way to go. Commissioner Blockley called on a person in the audience. Clyde Barbow, who lives at 2323 Easthills Drive #52, stated that he is one of the applicants on this particular parcel map. He stated that he is willing to work any way they can to help the people across the street. Commissioner Blockley stated that condition number 2 regarding the payment of the median fees appears to indicate that the north side, which is already developed, should have paid median fees and the developer on the south side constructs the median. Staff responded that is normally how it works, however, the north side has been developed for so long and established before the City started collecting any fees that they are positive that they do not have median fees for the north side. Commissioner Blockley inquired if median fees are paid into a fund for the construction of medians, is that sometimes deferred to a later date. Staff responded that the condition reads that they can either construct or pay their proportionate share of their median. Commissioner Blockley inquired if they pay the proportionate share and the median gets deferred a year that would help the trucking company. Staff responded in the affirmative. Commissioner McGinnis moved, seconded by Commissioner Johnson, to approve and adopt the Negative Declaration and to approve Vesting Tentative Tract map 11802 with findings and conditions set forth to the attached resolution incorporating the motion of Marian Shaw dated April 14, 2008. Motion unanimously approved by the following roll call vote: AYES: Commissioners Blockley, Johnson, Stanley, McGinnis, Andrews, Tragish, Tkac 5.3 Zone Change 08-0102 (Mark Sandoval) Heard on Consent Calendar 5.4 Zone Change 08-0224 (Kimley-Horn Associates Inc.) The public hearing is opened, staff report given. No one spoke in opposition to Staff’s recommendation. Mike Fisker with Kimley-Horn & Associates stated he represents General Growth Properties and that the zone change approval is critical to their plans. He stated with regard to the Public Works Condition regarding decel lanes and turn pockets, there are two Minutes of Planning Commission – April 17, 2008 Page 4 proposed locations, one being just west of the intersection with Ming and Castro and another one about 600’ east of that. He explained that the lengths of these features would be 240’ and require real estate dedications. Mr. Fisker further explained that the first decel lane turn pocket would extend beyond the area of the proposed zone change westerly onto the Sears parcel, and because they do not own this property they can do the dedication for this feature. Mr. Fisker stated the other proposed location at a mall driveway is adjacent to and above a 10’ electrical PG&E easement with underground utilities and other substructures and therefore doing a widening in that location would not be basic street widening. Mr. Fisker stated that they are requesting removal of this condition in part because their traffic study shows very little change as a result of the proposed project and it will remove some of the parking on the site. Mr. Fisker showed slides regarding the configuration and numbers from their traffic study. He pointed out that the peak hour turning movement volumes after the project would be a net increase of one a.m. peak hour turn, and 10 p.m. peak hour turns, which on a percentage basis are very small. Mr. Fisker also addressed the condition regarding a pedestrian corridor. He stated that he understands it would be a sidewalk and landscape area connecting the bus stop with the mall entrance. He stated that they may need to further evaluate this with other impacts to their project, such as parking, feasibility, accessibility, etc. The public hearing is closed. Commissioner Johnson inquired if Mr. Fisker is opposed to the Public Works conditions, as well as the Planning Department conditions. Mr. Fisker responded that they had a good meeting with Planning and that they may need further time to evaluate this. He said they would like to discuss this with their Planning Director, which will allow further opportunity to work with staff to identify the specific corridor. Commissioner Johnson inquired if Staff would like to respond to Mr. Fisker’s request. Staff responded that there is some flexibility to determine what parking aisle that runs down, however it is the intent to make a pretty straightforward connection from the bus stop with enhancements to the bus stop to the front of the store. Staff pointed out that there is about four different aisles that the applicant would be able to pick from. Commissioner Johnson inquired if a two week continuance would be helpful. Andrew Wilson, the Development Director for General Growth, responded that they are looking for a continuance and inquired if they could continue this matter to May 15. Staff responded that it would be the th only item on the May 15 meeting and was planned to be cancelled because there were no agenda items on the calendar. Commissioner Johnson inquired if the first meeting in June would be amenable. Staff responded that it would be fine. Commissioner Johnson stated that he would be in favor of a continuance. Commissioner McGinnis inquired if they have specific tenants in mind for the two locations. Mr. Fisker responded that they are talking with Italian American Cuisine concepts, along with Tex- Mex concepts. He stated that they are not at a point where they can open up to public, as a courtesy to those potential tenants. Commissioner McGinnis inquired if the potential tenants would need a drive-thru access, to which Mr. Fisker responded that that would not be the case at this time. Commissioner McGinnis inquired how the addition of these two proposed buildings added to the Valley Plaza area effects their parking qualifications. He asked if they would meet their requirements. Staff responded that it appears they will be able to meet their parking requirements, although they are getting close. Commissioner McGinnis stated he is concerned with the lack of parking issues that currently exist. He stated that the best that he would probably approve on this project is a PCD so that they can see what is going to go there. He stated that he is not in favor of doing an outright zone change to C2 and he thinks it is making a bad situation worse. Commissioner Tragish stated that he does not have a problem with a continuance. He inquired where the two decel lanes are supposed to go and specifically asked where 1B would be drawn on the map. Staff responded that the decel lane is approximately 240’ and would extend over, and about a third of the decel lane would be on the Sears parcel, which they do not own or Minutes of Planning Commission – April 17, 2008 Page 5 control. Commissioner Tragish inquired of Mr. Fisker if the two red lined areas represent pads. Mr. Fisker responded that those two areas represent where they currently desire to place the parcel pads within the rezoned area. He pointed out that the westerly line on the map and the easterly line on the map, are commensurate with the zone change limits. Commissioner Tragish inquired if the pads to the east have the decel lanes running along the frontage. Mr. Fisker responded in the affirmative, explaining that it would run along the entire north side of the proposed out parcel pad, which is the one they don’t want in the condition due to the PG&E easement. Commissioner Tragish inquired if there is an access directly adjacent to the pad on the east, to which Mr. Fisker responded in the affirmative. Commissioner Tragish commented that he has noticed that there are parking areas in which there are no cars because they are so far away from the stores and that he thinks this poses a circulation issue because the areas that the applicant would like to have rezoned to put pads on is a highly traffic parked area. He inquired what the impact of this project would be to the parking. Mr. Fisker responded that the mall as a whole has more parking than the current city ceiling standard. Mr. Fisker pointed out that after construction of these out parcels and some other short term potential improvements, they would still be over parked as a whole at the mall by 85 stalls. Commissioner Tragish stated that he was inquiring about the circulation in the area in that these are prime parking areas, versus areas that are relatively the last place people go to. Mr. Wilson, from General Growth, responded that Commissioner Tragish’s concerns are very valid concerns and that those concerns have been discussed at length with Planning and Traffic. He explained that at the request of the City, they performed a comprehensive traffic study to look just at this issue, as well as overall circulation within the mall. He clarified that the pads that they are proposing will not have the footprint of the red area. He pointed out that the red area is inclusive of the new pad building and affected parking that is going to need to be restriped. Mr. Wilson stated that there was a full traffic study done and his understanding is that the mall is adequately parked based on the criteria that the City of Bakersfield uses. Commissioner Tragish stated that his question is still centered on the traffic impacts. He stated that he would like to have pedestrian access from the bus stop to the front of the shopping center. He further commented that he is concerned because the aisles are currently very narrow making it difficult to move around. He concluded by stating that he has a lot of concerns. Commissioner Tkac echoed the sentiments of the previous commissioners about the parking, explaining that Ming Avenue gets so jammed packed that it does not seem like there is any other option. Commissioner Tkac stated that Mr. Fisker had referred to some “short-term potential improvements,” and perhaps those could be presented to the Commission so they can make a more informed decision. Mr. Fisker responded that they could provide more information. Mr. Wilson responded that the short term improvements would pertain to the pads and they want to work with the City’s Staff to resolve the concerns raised. Commissioner Tkac inquired if the traffic impacts from the proposed future Target in the area have been considered. Staff responded that the Target would be located in the mall and this was studied as an entryway to the Target and traffic, including circulation and parking studies. Commissioner Tkac stated that a PCD might be a little bit better way to do this. Commissioner Tkac stated that he is support of an extension to help this applicant. Commissioner Andrews stated he shares the same concerns of Commissioners McGinnis and Tragish concerning the parking and especially what happens along Ming Avenue. He stated that he’d like to see a shift towards the easterly side so those parking areas are used more. He stated that if this comes back from a continuance that he would like to see from Staff or the developer, more specificity in terms of what the pads are going to look like. Commissioner Blockley stated that if this comes back on a continuance that he would like to know if there is a condition for a forced right off of Ming in or out of the traffic study, so that Ming and Wible could be coned off during the holidays. Minutes of Planning Commission – April 17, 2008 Page 6 Commissioner Tragish inquired if compared to the current ordinances, if the parking spacing and size in the Valley Plaza Shopping Center meet the requirements of current ordinances. Staff responded that the parking configuration is under the older standards that was pre 1990, so the aisle widths are narrower and the stall size widths are narrower by ½ foot, but they are a little longer. He stated that they are 8 ½” X 20, rather than a 9’ X 18’. Commissioner Tragish further inquired about the difference in the lanes between the parking spaces. Staff responded that it’s about a foot narrower, but it feels a lot closer, especially if there are large cars parked in the stall. Commissioner Johnson moved, seconded by Commissioner Andrew, to continue this application to June 5, 2008, noting that the public hearing is closed. Motion unanimously approved by the following roll call vote: AYES: Commissioners Blockley, Johnson, Stanley, McGinnis, Andrews, Tragish, Tkac Commissioner Tragish inquired if they should have left the public hearing opened. Staff responded that it was proper to close the public hearing and now it is at the discretion of the Commission and the Chairperson specifically, whom he wants to recognize. Commissioner Blockley clarified that they cannot re-open the public hearing without re- advertising, with Mr. Sherfy confirmed. 6 WORKSHOP Planning Department presentation on the Housing Element of the General Plan. Commissioner Johnson inquired of Ms. Ditman about the density bonuses and infill development and asked for an example of all the work that has been done of the areas where the city’s doing it right. Ms. Ditman responded that one example of what has been done right where density bonuses have really played a part is Park View Townhomes just down the street where you have some very, very housing that’s very close to services and schools and the city did provide a density bonus for that project, in addition to having it be an infill housing project. Ms. Northcutt commented that part of the things that the City does right is the Team Bakersfield Approach, where an applicant comes in and wants to do a housing program, the first person that they come in contact with at the Planning Department is kind of like their sheppard that leads them through the process so that they don’t keep getting different answers from different people. Ms. Northcutt also stated that the Economic and Community Development, through their Redevelopment Program, are able to facilitate housing because they are able to do some of the things that are typically really expensive for developers to do, like some of the street improvements and off site improvements. Commissioner Johnson inquired if the City can do things to meet the density goals. Ms. Northcutt stated that density is really not an issue. Commissioner Tkac inquired if any of the projected foreclosure numbers in Bakersfield were taken into account when preparing the study. He asked how this housing correction the city is in play in to the information presented. Ms. Ditman stated that the data they had to work with was data prior to this recent foreclosure problem, however they have tried to address this problem in the housing element, as well as say to HCD that the city is doing what it can to accommodate new housing if there is a need, but with the current economic crisis that seems to be occurring and is projected to occur over the next five years, it may be that housing growth will really slow over the next five years. Ms. Ditman stated that they do have a program to address what to do about households that are in foreclosure currently. Commissioner Tkac inquired where the references are as to where they obtained their information from the City of Bakersfield. Ms. Ditman stated that all of these programs are either run through the Economic Community Development Department or through the Planning Department and thus through the City of Bakersfield. Commissioner Tkac commented that it would be interesting to see how all this is funded. Ms. Ditman stated that in the housing element they go into specifics as to where the funds are coming Minutes of Planning Commission – April 17, 2008 Page 7 from, because a lot of the funding comes from state and federal funding sources. Ms. Northcutt added that the Economic Development Department and Community Development Department at the City do a fabulous job in their grant writing proposals and they do get quite a bit of money coming in and as the budget gets cut at the federal level, being granted funds for things gets a little more difficult. Ms. Northcutt went on to say that some of the private organizations like Self Help Enterprise do a good job, but the difficulty is enticing the development community to build affordable multifamily units in working with some of the other programs that will provide the assistance. She stated that in response to the question of what the City could be doing better, is providing additional encouragement for the development community to do more multifamily. Commissioner Tkac inquired what she is suggesting the funders might do to help these developers. Ms. Ditman responded that there are several state and federal funding programs and typically when a developer builds an affordable housing project there are several layers of financing. They explained that the City might kick in some money and some of the biggest players are the California Tax Credit Allocation Committee, who come in with construction financing and then there might be some bonds coming in. She also stated that HCD has several programs and the multifamily housing program is the big one where they provide low interest loans to developers of affordable housing. Commissioner Tragish stated that he disagrees that the population is getting older. He inquired that when the policies and objectives in the General Plan (laid out in sections 3 and 4), get finalized that sections 3 and 4 will appear as approved in the General Plan book that they get. Ms. Northcutt responded in the affirmative, stating that they will get an updated standalone final document. Commissioner Tragish inquired when they get the final draft if it will show where the housing elements have been made as far as policies and objectives. Ms. Northcutt responded that if they say on-going in the timeframe it means that it is an existing thing that different departments are continuing with that program, where it is something that is new then it will have a different time frame. She explained that when changes come back for this, they are keeping their fingers crossed that it will be minimal, and not be a major re-write. Commissioner Tragish inquired if the statement “on-going” means that it will not be changed. Ms. Northcutt responded that it means that it has been in the works and they are going to continue with the program. She explained that some of the things that are on-going have to do with the programs that Housing and Economic Community Development Dept. have as part of their own programs. Commissioner Tragish inquired if the next draft will have bolded or italicized text that has been modified/changed. Staff responded that they will provide some type of indication of the modifications/changes. Commissioner Andrews stated that he’s had experience on the HDC side. He commented that there needs to be a continuous look at the density bonuses, the various types of programs that are available to layer on top of MHP and other types of programs that HCD is providing. Commissioner McGinnis thanked the ladies for the presentation. Commissioner Blockley thanked the ladies for the presentation. Commissioner Johnson inquired how the state approved document fits into the General Plan update they are doing with the joint City-County effort. Staff responded that they will probably leave it as a separate document from the reset of the General Plan, although they will continuously, as they work their way through the General Plan, make sure they have internal consistency between this document and the policies they are coming up with. Ms. Northcutt added that this document is going to be ahead of the General Plan and is on a separate time frame. 7. COMMUNICATIONS: None. Minutes of Planning Commission – April 17, 2008 Page 8 8. COMMISSION COMMENTS: Commissioner Johnson expressed his feelings that it is an honor and privilege to serve on this Commission and the role that they serve is an incredible roll. He stated that with regard to the request for his resignation from the Commission, he has made a commitment to serve out a four year term and that it what he intends to do. 9. ADJOURNMENT: There being no further business the meeting was adjourned at 7:40 p.m. Robin Gessner, Recording Secretary JAMES D. MOVIUS, Secretary Planning Director May 23, 2008