HomeMy WebLinkAbout06-10-08
MINUTES OF THE REGULAR MEETING
BOARD OF ZONING ADJUSTMENT
OF THE CITY OF BAKERSFIELD
Held Tuesday, June 10, 2008, 3:00 p.m., City Council Chamber, City Hall, 1501 Truxtun
Avenue, Bakersfield, California.
1.ROLL CALL
BOARD MEMBERS: Present: BRAD UNDERWOOD, Chairperson
PHIL BURNS
VINCE ZARAGOZA
STAFF MEMBERS: Present: JIM EGGERT, Assistant Planning Director
PAUL HELLMAN, Principal Planner
ROBERT SHERFY, Attorney
GEORGE GILLBURG, Engineer II
DELORES OLDHAM, Recording Secretary
2.PUBLIC STATEMENTS
No speaker cards were presented.
3.CONSENT CALENDAR
Public Hearing Items:
1.File No. 08-0550
- Approval to continue to July 8, 2008 a conditional use permit
to operate a 1,104 square foot automotive repair shop in a C-1 (Neighborhood
Commercial) zone district located at 790 E. Brundage Lane.
2.File No. 08-0613 –
Approval of a zoning modification to waive the requirement
to construct a six-foot high masonry wall adjacent to residentially zoned property
in conjunction with the expansion of an existing commercial development in a C-
1 (Neighborhood Commercial) zone district located at 2400-2410 Columbus
Street.
3.File No. 08-0665–
Approval to continue to July 8, 2008 a conditional use permit
to operate a 5,000 square foot bar in a C-C (Commercial Center) zone district
th
located at 811 19 Street. Zoning modification to reduce the number of required
off-street parking spaces from 20 to 15.
4.File No. 08-0811–
Approval of a conditional use permit to allow for
nursery/landscape supply sales and limited used automobile sales on a self-storage
facility site in a C-1 (Neighborhood Commercial) zone district located at 11015 &
Minutes, BZA, 06/10/08 Page 2
11107 Kern Canyon Road. Zoning modification to waive the requirement to
screen a portion of the outdoor nursery/landscape supply display area.
The public hearing was opened. No one from the audience or from the Board 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: Underwood, Burns, Zaragoza
NAYS: None
ABSENT: None
4.PUBLIC HEARINGS
1.File No. 08-0330–
Zoning modification to reduce the required off-street parking
from 32 to 16 spaces to allow for the construction of a new 2-story, 40-bed
residential facility for drug and alcohol rehabilitation in a C-1 (Neighborhood
Commercial) zone district located at 2111 & 2117 F Street. This item was
continued from May 13, 2008 and was readvertised.
The public hearing was opened and the staff report given. Staff referred to
additional comment letters in opposition to the proposal from neighboring
property owners which have been provided to the Board. Staff also stated that the
size of the proposed building was understated in the previous staff report due to
an error in the application and that the revised proposal is for an approximately
10,000 square foot, two-story building.
st
John Garone, owner of the property at the southwest corner of 21 Street and F
Street, stated that he spoke in opposition to the proposed reduction in parking at
the last meeting. He stated that there are serious parking issues in the area and
that they are constantly dealing with people parking in their parking lot. He feels
that if this project is approved it will make the problem that much worse, which is
why he is in opposition.
Lori Watson, owner of Bonnie’s Best Café, stated that her business is right next
door to the facility and that she is absolutely in favor of the new building. She
pointed out that the facility does not need more than the proposed 16 spaces since
the most cars she has ever seen at the applicant’s existing facility is about five.
She stated that she would love to see a new facility replace the existing old
buildings on the site. She stated that her business has a busy lunch crowd and that
not too many people have trouble finding parking so she does not see why the
applicant needs to provide more than 16 spaces. She stated that Legacy has been
a great neighbor and encouraged the Board to approve the project.
Minutes, BZA, 06/10/08 Page 3
Martin Hanson, applicant and President/CEO of Legacy Behavioral Services,
discussed the revisions made to their proposal in response to the Board’s input
and stated that he hopes the Board considers the efforts they have made to
downscale the project and to increase parking.
Patrick Lucas, owner of the subject property, stated that Legacy is the best tenant
to occupy this property since the 1970’s. He stated that the property is obviously
run down and that he was recently unable to obtain a loan to fix up the property.
He stated that his sister owns the property next door and that she is in favor of the
project. He stated that he’s never seen more than three or four cars at Legacy’s
existing facility. He also stated that he’s always been treated with respect by
Legacy’s clients and that everyone there has a good attitude.
The public hearing was closed. Member Burns inquired about the parking
standards for general and medical office uses and retail uses. Staff pointed out
that they presented proposed amendments to the parking ordinance to the
Planning Commission last week and that the Commission recommended approval
of the amendments to the City Council. Staff responded that the current standard
for general office uses is 1 space per 230 square feet and that the proposed
standard is 1 space per 250 square feet. Staff stated that the current standard for
medical office uses is 1 space per 125 square feet and that the proposed standard
is 1 space per 200 square feet. Staff stated that the current standard for single
tenant retail uses is 1 space per 300 square feet and is 1 space per 200 square feet
for multi-tenant retail uses, which are not proposed to be amended. Staff stated
that the standards for the downtown area, or central parking district, which the
project site is just west of, are proposed to be 50 percent of the regular standards.
Member Burns stated that the proposed parking requirement for medical office
and retail uses would be approximately 50 parking spaces, and if this project was
on the other side of F Street they would get the 50 percent reduction. Member
Burns stated that part of his concern is if they approve a development with such a
large reduction in parking and if it changes hands in the future the Board will
have painted themselves into a corner because there would not be enough parking,
which is why he is hesitant to approve the development with 16 spaces. He stated
that he has considered the possibility of 25 spaces, which would allow for a future
office or retail tenant to come in and request a modification based upon the 50
percent downtown area reduction that properties across the street would receive
under the proposed code amendments.
Member Zaragoza commented on the e-mail from Jim Antt, the owner of a 3,200
square foot building with 14 spaces across the street at 2131 G Street. Member
Zaragoza inquired if the proposed building does later become retail would the
new use be subject to the old CUP, or would they have to come back and get a
new one. Staff responded that if the future use was equally or less intensive in
terms of parking requirements, it would be fine; however, if it required more
Minutes, BZA, 06/10/08 Page 4
parking than the current facility it would require the approval of a new
modification.
Member Underwood inquired if at the last hearing the parking requirement for the
previous proposal was 48 spaces. Staff responded in the affirmative, stating that
the requirement was based upon 0.75 spaces per bed plus one space per employee.
Staff stated that under the code, staff parking can either be calculated based upon
the number of employees or the square footage of office space. Member
Underwood inquired about how the requirement for the revised proposal was
calculated; staff explained that the requirement for 32 spaces was calculated based
upon the rate of 0.75 spaces per bed and a maximum of 560 square feet of office
space, which requires an additional two spaces.
Member Burns moved to adopt the attached resolution with all findings approving
Modification No. 08-0330 as depicted in the project description approving 25
parking spaces instead of the requested 16 spaces.
Staff stated that they have findings and conditions of approval for the Board’s
consideration, which staff can also share with the applicant. Member Burns
consented to review of the document by the Board and the applicant.
Member Burns restated the motion to adopt the attached resolution with all
findings approving Modification No. 08-0330 reducing the required off-street
parking for a residential facility for drug and alcohol rehabilitation for 40
residents, including 560 square feet of staff office space, from 32 spaces to 25
spaces.
Motion carried by the following roll call vote:
AYES: Members: Underwood, Burns, Zaragoza
NAYS: None
ABSENT: None
5.COMMUNICATIONS
None.
6. BOARD COMMENTS
None.
Minutes, BZA, 06/10/08 Page 5
7. ADJOURNMENT
There being no further business the meeting was concluded at 3:34 p.m.
Delores Oldham, Recording Secretary
_______________________________________
JIM EGGERT, Assistant Planning Director