Loading...
HomeMy WebLinkAbout06-19-08 MINUTES PLANNING COMMISSION MINUTES �O Regular Meeting — June 19, 2008 -- 5,30 p.m. Council Chambers, city Hall, 1 501 Truxtun Avenue 1 K ROLL CALL Present: Commissioners Johnson, McGinnis, Tkac, Blockley, Tragish, Stanley, Andrews 2, PLEDGE OF ALLEGIANCE: 3. PUBLIC STATEMENTS: None. 4. CONSENT CALENDAR: 4.1 Non-Public Hearing Items Commissioner Stanley moved, seconded by Commissioner Tkac, to approve Non-Public Hearing Items 4.1. Motion carried by group vote. 4.2 Public Hearing Items 4.3 Approval of Vestinq Tentative Tract Map 7152,(McIntosh & Associates) 4.4 ARproval of Vesting Tentative Tract Map 7153(McIntosh &Associates) 4.5a ARproval of General Plan Amendment 07-0751 (McKinzie Real Estate) 4.5b Approval of Zone Change 07-0751 (McKinzie Real Estate) 4.6a AoProval of General Plan Amendment 08-4590(Mark J. Smith) 4.6b Approval of Zone Change 08-0590(Mark J. Smith) 4.7a Approval of General Plan Amendment,98-0612(E& R Surveying & Consulting) 4.7b Approval of Zone Change 08-0612(E & R Surveying &Consulting) The public hearing is opened, Dave Demhowski, representing Premier Planning Group, requested removal of 4.6a and 4.6b. The public hearing is closed. Commissioners Blockley and Tkac stated they listed to the CD of the pre-meeting. Commissioner Tragish moved, seconded by Commissioner Blockley to approve the consent calendar for public hearing items 4.3-4.7b, excluding 4.6a and 4.6b. Commissioner Stanley requested removal of items 4.7a and 4.7b. Motion revised for approval of 4.3-4.5b. Motion carried by the following roll call vote: AYES: Commissioners Johnson, McGinnis, Tkac, Blockley, Tragish, Stanley, Andrews Meeting Minutes of Planning Commission -- June 19, 2008 Page 2 5, PUBLIC HEARINGS—Vesting Tentative Tract Ma 1 Site Plan Review 5.1 Vesting Tentative Tract Map 715.,2(McIntosh &Associates) Heard on consent calendar. 5.2 Vestinq Tentative_Tract Map 7153(McIntosh &Associates) Heard on consent calendar. 5.3 Site Plan Review 08-0259 (Cornerstone Engineering) The public hearing is opened, staff responded to pre-meeting questions by the commission. With regard to the condition to hook to the City sewer system, the ordinance states that sewer may be considered unavailable if it is more than 1 000' away. The Public Works Director has determined that he considers the sewer available to this parcel. The location of this forklift dealership facility is a little bit more sensitive than most--explaining that the unlined Calloway canal is less than 1 000' away from this site and that the treatment for domestic water is about 2000' away from this project. Staff pointed out that there are water wells for both Cal Water and the City's Fair Haven system in this general area. The water department indicated that because the city is currently in a drought, the ground water levels are dropping and under these conditions the plume from septic systems could actually be pulled into the upper aquifer. Staff further pointed out that the ordinance states that public sewers may be considered as not being available, however the Director feels that it is available. The city's intent is to have as many people connected to the sewer system as possible. Staff also stated that the use of sewer over septic prevents the degradation or contamination of ground water. No one spoke in opposition or in favor of Staff's recommendation. The public hearing is closed. Commissioner Tragish stated that he spoke with Mr. Sprague who indicated that his cousin is making the application and feels he is experienced on these types of issues. Commissioner Tragish inquired if Staff could show on the screen where most of the septic is currently located and where the sewer line is located. Staff pointed this out and indicated that if a building permit is ever pulled on these other properties, they will be required to get on the sewer system as well. Commissioner Tragish stated that the applicant is saying that everyone around his project is on septic, so why can't he. He also pointed out that another issue is the cost in that the septic would only cost $1 0,000, whereas the estimate for hooking up to the sewer is $200,000, which would pretty much destroy the viability of the project. Commissioner Tragish further stated that the use of waste water from this particular project is minimal, as far as 500 gallons per day, and any other storm water or parts cleaning industrial waste water would not be put into a septic tank system. Commissioner Tragish inquired the terminology, "No storm water, parts cleaning or industrial waste water of any kind will be allowed into the system and parts and steam cleaning would be done in a self contained area that would not be connected to the septic system" means as far as the means of handling that type of water. Staff responded that they are not sure how that would be handled. He inquired if it were on a sewer connection if all the water would be treated through the sewer system, to which Staff responded that not all of it would be allowed to go into the sewer system. Commissioner Tragish stated that it has been indicated that it will be extremely difficult to put in because it will need a lift station. Commissioner Tragish commented that just because we did it one way in the past, or made mistakes in the past, doesn't necessarily mean that they have to follow everybody over the cliff. In addition, he stated that if they allow the septic tank tonight, he does not know where you're going to draw the line because there will be other people coming in and they're going to point back to approval of this particular project. He stated that connection to a sewer system has a lot of positive value to it, one of which is control over the sewer and a certain degree of safety involved and the sewer system is suppose to ensure against maintenance and leakage that you have with a septic system. Meeting Minutes of Planning commission - June 13, 2408 Page 3 Commissioner Tragish stated his first concern is the health, safety, and welfare issues. He stated that perhaps they should require this sewer so that they can establish a precedent, especially with the low water levels and possibility for contamination with its location so close to canals. Commissioner Stanley inquired if there are other parcels in the immediate vicinity that are undeveloped that potentially would be developing in the near future. Staff responded that there are small parcels. He stated that he agrees that the septic has to be looked at with the relative proximity of that sewer line. He inquired if the distance fell under 900' if the cost would be around $100,000 for the sewer line. Staff responded that if the distance was shortened so that it was under 1 000' the costs would probably not be significantly less. Commissioner Stanley inquired what types of costs and maintenance would be required for a lift station in this area. Staff responded that lift stations require power and have to be cleaned and checked occasionally to make sure they are still working, as well as have the ability to be powered from a generator and instrumented to make sure the levels don't get above a certain height. Commissioner Stanley inquired if there is a water quality analysis that is done in this area. Staff responded they have not received that information yet. Commissioner McGinnis stated that he had a conversation with Mr. Sprague prior to tonight's meeting. Derrill Whitten, with Cornerstone Engineering, representing the applicant, apologized for his tardiness as he thought the meeting started at seven. Commissioner McGinnis inquired if the Chair would grant the applicant time to state his position. Mr. Whitten stated that the closest sewer connection point is 1000' as the crow flies, but it's more like 1400' because you would have to lay the force main, as it would have to go south under Highway 99, come underneath the southbound onramp, where Airport comes onto Highway 99, turn and tie into Miramar and that particular sewer manhole is only 4' deep and therefore there is no way to gravity feed to the sewer. He stated that it will require a lift station and 1400' of force main. He also stated that two businesses across the street, W il's Electric and McMahan's Furniture Warehouse, are presumably on a septic system as there is no sewer system in that area. He also stated that on the other side of the freeway there is a large county area and he is not aware of any collection system over there, therefore the area west of the freeway along Gibson and Standard those industries are all on septic systems. He also stated that the rest of the area on the east side of Highway 99 is served by an adequate collection system and he doesn't see that anyone else would ever use a force main over there except for those two businesses. Mr. Whitten stated that this condition is a financial hardship because, essentially, the building is going to have a men's room, a woman's room and a break room to serve about 20 employees and the amount of sewage that is going to be dealt with is such a small quantity for such a huge piece of infrastructure because a city standard lift station is going to have all the items in it that Mrs. Shaw mentioned earlier. Mr. Whitten stated that he does not think that it sets a precedent for the area because they can't serve across the road on the west side and the rest of the businesses along Buck Owens, and to the east of Highway 99, are already served by collections systems that discharges to Wastewater Treatment Plant number 2. Commissioner McGinnis inquired if the applicant's facility will be strictly sales or sales and maintenance. Mr. Whitten responded that it will be sales and maintenance, and the steam area wash rack runoff will be collected and trucked off site and will not be allowed into the septic system. Commissioner McGinnis inquired about Mr. Sprague's comments about some deal with CalTrans to use some of the water for watering the plants along the highway. Mr. Whitten responded that he is not familiar with that. He explained that the septic will have a septic tank to settle the solids out, it would be an anaerobic system and the clear water would go to a leach field and it would be absorbed into the ground so there would be some biological treatment that would occur. He stated Meeting Minutes of Planning Commission — June 19, 2008 Page 4 that this kind of water does not meet the standard set up by the state for recycling or reuse on right-of-way. Mr.Whitten further explained that the only industrial uses would be from the steam cleaning facility. Commissioner McGinnis inquired if all the cleaning would be done in one area and then the waste collected and trucked off. Mr. Whitten confirmed this is how it is done and how it is shown on the site plan. He suggested conditioning the approval of this request to require that the building department ensure that the industrial waste water from the steam cleaning area, and any maintenance areas, be diverted to a holding tank and trucked off site. Commissioner Blockley inquired what the separation distance is between wells and septic systems. Staff responded that they do not have that information. He also inquired where the nearest well is to the project and what the distance is. Staff responded that it is well over 2,000' to the nearest well. He stated that considering that there are various operations near by he is assuming that numerous tests have been done on the water quality and inquired if there are any results from any water testing. Staff responded that they were not able to obtain any results for this meeting. Commissioner Blockley inquired if the forced main and the lift station will be privately owned on public property. Staff responded that they believe that it will be privately maintained since it's serving a single user. Commissioner Blockley inquired if it is privately owned, and one the adjacent existing businesses applies for a building permit, would they forced to repeat this whole process again. Staff responded that they would consider sewer to be available to the business, and require that they hook into the system. Commissioner Blockley stated that he is assuming with the 4' depth of the distance to the adjacent property when it was originally designed there was no intention of connecting that piece of property the system. Staff confirmed that was their understanding as well. Commissioner Blockley stated that he has huge reservations about making an exception when the Public Works Director says no. However, he also has trouble accepting the requirement without any reference to standard of distancing, results of testing, distance to wells, etc. Commissioner Tkac stated he too is stuck in the same position. He inquired when a line might become available that is a little bit closer to this particular area. Staff responded that they are not aware of any plans at this time to extend the system in this area. The only thing that might precipitate an extension of the system is if there was an annexation in this area. commissioner Tkac inquired if the main canal is a cement sided canal or a dirt canal. Staff responded that it is an unlined canal. Commissioner Tkac commented that it all depends on where the water is, because if the water level is up close to the surface,this is where it would become most problematic. He inquired if they know where the water level is. Staff responded that if they were to include the water resources department they would say yes, but if they just include the two of them, then Staff doesn't know what that level is. Commissioner Tkac stated that he thinks this would be pertinent information to know in order to make an informed decision. Commissioner Tkac inquired of Mr. Whitten if he knew how long his client has owned this property. Mr. Whitten responded that Mrs. Madelon has owned it for four years. Commissioner Tkac inquired if Mr. Whitten knows what the zoning has been, or what the zoning has consistently been on this property. Mr. Whitten responded that he has no knowledge of the zoning history, but would assume that when it was annexed,the city would have annexed it with the appropriate zoning. Mr. Whitten stated that normally before you design a septic system you do borings and perf tests and one of the things you look for is to see if there is shallow ground water. However, shallow ground water comes and goes depending on the season and the nature of things going on. He explained when you do your geo technical investigation, if that is a concern, you want to make sure that you do it at a time when there is water running in the canal and it's been there for awhile. You Meeting Minutes of Planning commission -- June 19, 2008 Page 5 can also check well records of water wells in the area. Unfortunately, the nearest water well is over 2,000' away so it is not a good indication. He sated that he is not aware of any high water table in this area. Commissioner Andrews stated that at the pre-meeting he inquired if there would be any incentives for the other businesses in the area to tie into the system and at this point there doesn't appear to be anything available. Staff responded that as far as they are aware there are no incentives to provide for early connection to the sewer system. Commissioner Andrews inquired about the inactive oil wells in that general facility and the occurrence of subsidence. Staff responded that they have not canvassed the well information. Commissioner Johnson commented that additional information would prove hopeful in allowing the Planning Commission to make an informed decision in the best interest of the public's health, safety and welfare. He inquired of Mr. Whitten if a continuance was given to allow them to obtain information on the ground water, it's proximity and potential impacts, how much time they would need. The lake to the south and east of the site is the ground water recharge facility, with probably some ground water monitoring wells in that area that could give some indication of where the water table is at that location and certainly the further you get away from that it can be assumed that the water table is going to be deeper because in percolation it tends to go in like a cone. However, around the site in particular he doesn't know if he will be able to come up with any data unless there are wells close by. He stated that the nearest domestic well is about 2000 feet away and he can go to the Water Agency and find out what they can get on their records and then report back. Commissioner Johnson inquired if Mr. Whitten would be willing to do some additional work to see what's happening on site that might prove useful as well. Mr. Whitten responded that two weeks would be adequate to check out the water table. Staff pointed out that it would have to be continued to the next meeting on July 17h. Commissioner Blockley stated he would agree to a continuance and look at the soils report done for other projects in the vicinity. Commissioner Blockley also suggested the possibility of no flush toilets so there is no septic or sewer issues. Commissioner Tragish inquired if there was a vote to confirm staff's recommendation, would the applicant have an opportunity to appeal to the City Council. Staff responded that they would. He further inquired how much time the applicant would have to appeal and how long it would take to get in front of the City Council. Staff responded that the process would take about six weeks. Commissioner Tragish stated that his inclination is to vote this up or down because they will have a month and-a-half or two months by the time they get to the City Council to do exactly what Chairman Johnson requested with a continuance and still have the opportunity to make that presentation. Commissioner Tragish inquired what the purpose or considerations are why the Plumbing Code has this discretionary exemption from having to connect up to a public sewer if you're more than 1000 feet from the nearest property line of any proposed drainage facility. Staff responded that the Plumbing Code actually asks for a few hundred feet and it was the Municipal Code that was amended to extend it to 1000 feet, but the 200 feet is generally for residential use and not for commercial, so that the actual Plumbing Code is the regulation that states that sewer is required and that only if there is a possibility that there is no sewer available that the Building Director has the opportunity to review it and decide whether or not it can be changed. Commissioner Tragish stated that it seems to him that it was included in there because if it is so far away and it's cost prohibitive that it's discretionary whether or not they have to hook up to a sewer line. Meeting Minutes of Planning Commission -- June 19, 2008 Page 6 Commissioner Tragish inquired what would be considered a heavy use, as far as gallons of discharge, for sewage and what would be a minimal use. Staff responded that they don't know. Derrill Whitten, responded that typically a single family residence will have about 2.5 people living in it and your typical domestic discharge from a home is 100 gallons per person per day, with a little extra added on for peaking factors. Therefore, a typical discharge puts out about 275-300 gallons a day. He stated that in this case, he counted the number of fixture units that were anticipated in the building and based on that came up with a daily flow, which is about the equivalent of what you would see from two single family residents. He pointed out there is a difference in that there will be no laundry facility in this project and therefore there will be a slightly lower strength waste water. Commissioner Tragish stated that the only issue is the impact on these septic tanks in this area and he believes that this will not be a major impact on this area. He pointed out that it really is 1400 foot of cement that you have to put in and it may be more than $200,000 not to mention the maintenance that goes along with it. He also stated that he likes Commissioner Blockley's idea of having the waste trucked out. Commissioner Tragish concluded by stating that he would grant the applicant's request, however anybody else that comes in that area better be prepared to hook up to the sewer system. Commissioner Stanley inquired if they are aware how many septic tanks the city has approved this year on developments. Staff responded that the Building Department has not issued any permits for septic this year. Commissioner Stanley inquired if there were any requests last year, to which staff responded that last year they had one request for a commercial facility, like this one, that the building was actually about 2,000 feet away from a sewer line. Commissioner Stanley stated that it is not his intention to burden this applicant, but that he does think there is a standard there for a reason. He stated that he agrees that this should be voted on tonight. Commissioner McGinnis stated that he is prepared to make a motion granting the applicant's appeal, because by the letter of the law he is outside the 1000 feet, and 500 gallons a day is not going to have a great impact on the ground water or the pollution of any water tables. Commissioner Johnson commented that given the scenario, he does not feel that they have enough adequate information to make an informed decision. He did agree that there is an exemption policy in place and typically they need to adhere to that. He further stated that he intends to deny at this point. Commissioner Johnson inquired of Mr. Whitten about trucking off site the waste from the maintenance site and how many truck trips there would be. Mr. Whitten responded that typically the water is recycled where the water goes into a holding tank and then it is pulled back out and reused. He explained that about once a month you have a septic hauler pull the water out and take it to the septic disposal station at Wastewater Treatment Plant number 2. Mr. Whitten stated that the septic would be pumped about once a year. Commissioner Johnson commented that there would be an additional 13 truck trips a year and is also a reason to possibly look at denying an exemption. He inquired what the life of a septic tank is. Staff responded that they don't know because they don't permit when they are pumped or anything. Staff indicated that the septic is normally connected to the sewer rather than replaced with another septic. Commissioner Johnson stated that he is torn on this project, because he thinks it is good policy to move to sewer. He inquired as to long the electric business and McMahan's have been on septic, to which Staff responded that it has been well over 15 years. Commissioner Johnson inquired if these two businesses had to go to sewer, what would happen if they had to go through the process of trying to get a new septic system. Staff responded that if the sewer is not considered available to the site then they would be allowed to put in a new septic system, however both of these parcels would be within the 1 000 foot of the existing sewer, which then require hooking up to the sewer. Meeting Minutes of Planning Commission -- June 19, 2008 Page 7 Commissioner Johnson inquired as to the size and zoning of the out parcel, to which Staff responded that it is much less than an acre in size, and that the zoning is M-2. He stated that he is willing to push forward a compromise that they require the applicant to put in a sewer line and do what is required, and go with Staff's recommendation, but allow them a mechanism to seek reimbursement when the two facilities to the south come in, and even potentially a second option of allowing the applicant to install a septic, but conditioning the property that should the property to the south bring in sewer that this applicant immediately hook to the sewer. Staff responded that both options would probably be unenforceable. Commissioner Tragish responded to Commissioner Johnson's comments by stating that he does not agree with a "what if" scenario. He stated that given the health, welfare and safety considerations the condition to hook to sewer should be deleted and a septic tank be allowed. Commissioner McGinnis inquired if Chair Johnson's proposed language could be reworded so that it would be enforceable if there were a parcel that was required to hook up the sewer system, that would then trigger this parcel within the 1000 foot range of that to be required to hook up to the system. Staff responded they didn't think it would be possible, because once this site plan is approved with these conditions, the type of discretionary condition. Staff pointed out that as these businesses in the area expand or upgrade, they will come back through site plan reviews. Commissioner McGinnis moved, seconded by Commissioner Tkac, granting the applicant's appeal in regards to the septic system on the project and eliminating condition 2 of the Public Works Department and also noting that the septic is to be used strictly for domestic purposes and no commercial or industrial waste is to be put in the system. Motion carried by the following roll call vote: AYES: Commissioners McGinnis, Tkac, Blockley, Tragish NOES: Commissioner Johnson, Stanley, Andrews Commissioner Stanley stated that he was divided on this and he does believe that sewer will be coming to this area eventually and that being they are in the city and within proximity that this is a sewer line that will make sense. Commissioner Andrews stated that his concern was that he felt that they did not have enough supporting information to make a clear decision. Commissioner Johnson stated he thinks he has made his point clear and does not think that there was enough information to make a decision. Break taken. 6. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS/Land Use Element Amendments 1 Circulation Element 1 Zone Chan es 6.1a General Plan Amendment 07-0761 (McKinzie Real Estate) Heard on consent calendar. 6.1 b Zone Change 07-0761 (McKinzie Real Estate) located at the northeast corner of Union Avenue and Panama Lane. (Negative Declaration on file) Staff report given. Commissioner Johnson inquired if the substreet will punch all the way through to Union. Staff responded in the affirmative. Heard on consent calendar. 6.2a General Plan Amendment 07-1541 (KSA Group Architects) Meeting Minutes of Planning commission - June 19, 2008 Page 8 6.2b Zone change 07-1541 (KSA Group Architects) The public hearing is opened, staff report given. commissioner Blockley recused himself from this item. No one spoke in opposition of Staff's recommendation. David Lyman, a nearby property owner, stated while he supports this request, he has three areas of concern. 1) Pedestrian access. He is concerned with those who walk on Mall View Road without sidewalks. He asked that the Commissioner consider how pedestrians will safely make their way from Mt. Vernon Avenue to points east on Mall View Road. 2) Property maintenance. He stated he presumes a retaining wall will be required and pointed out that maintenance of these areas are currently not adequately maintained and are full of graffiti. He asked that any retaining walls be covered with mature landscaping to make them less vulnerable to graffiti vandalism. 3) The view. Mr. Lyman concluded by stating that he would like notification as this project moves forward. Derrick Holsworth, KSA Group Architects, stated they have read Staff's conditions and accept them as set forth. The public is closed. Commissioner Stanley inquired if the retaining wall and the layout of the restaurant will be addressed with the PCD, to which staff replied in the affirmative. He stated that he would like to see the inclusion of a sidewalk to make it more walkable. Commissioner Johnson inquired what might be coming in the future. Mr. Holsworth replied that only three acres is what he represents for his client and the balance the west is owned by the church. He explained that their intention is to take the three acres and make it in essence a continuation of the same grade as the East Hills Mall and there will be retaining walls required and they would have no issues with landscaping the retaining walls. Mr. Holsworth stated that they are currently looking at potentially four high quality sit down restaurant pads which will all have a view over the city with no trash enclosures blocking the view. He also explained that they will be centered around a fountain courtyard in the middle, with circulation so that pedestrian circulation can occur from restaurant to restaurant without having to get into a car. He pointed out that most of the parking lot will be oriented to the north up against the freeway to serve as a buffer, and there will be direct access from the existing mail parking lot to this piece of property. Mr. Holsworth also commented that it was his understanding that the East Hills Mall is considering using a trolley to shuttle people back and forth from a future theatre to the this site. Commissioner Johnson inquired what improvements there might be on Mall View Road. Mr. Holsworth responded that at this point they will be doing a sidewalk as required by the conditions, as well as striping that will be updated and maintained. Mr. Holsworth commented that it is a private road controlled mainly by Home Depo. Commissioner Stanley moved, seconded by Commissioner Andrews, to adopt a Resolution making findings approving the Negative Declaration and approving the requested General Plan Amendment to change the land use from oC to GC on 7.59 acres, and to reference the two June 15th memoranda, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Johnson, McGinnis, Tkac,Tragish, Stanley, Andrews RECUSE: Commissioner: Blockley Commissioner Stanley moved, seconded by Commissioner Andrews, to adopt a Resolution making findings approving the Negative Declaration and approving the zone change from R1 (one-family dwelling) and R3 ( limited multiple family dwelling) to C2 PCD on 7.69 acres as shown on the attached, and referencing the two June 16th memoranda, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Johnson, McGinnis, Tkac, Tragish, Stanley, Andrews R ECU SE: Commissioner: Blockley Meeting Minutes of Planning Commission -- June 19, 2008 Page 9 6.3a General Plan Amendment 07-2271 (Grdiz-Melby Architects) 6.3b Zone Change 07-2271.(Grdiz-Melby Architects) Commissioner Johnson recused himself from this item. The public hearing is opened, staff report given. No one spoke in opposition to Staff's recommendation. John Cohrs with ordiz-Melby Architects, stated they are in support of Staff's recommendation, however they are concerned with security and liability issues in providing access from the neighborhood onto the private property. The public hearing is closed. commissioner Stanley inquired how the access control will work. Staff responded that the subject road currently terminates at the eastern boundary of the church and there is a chain link fence with a rail on top. Staff pointed out that they are looking for some rod iron work where the church would be able to open the gates during services. Commissioner Tragish inquired why it is so imperative that the street from the east should go through this property so they can get access to Buena Vista. Staff responded that the condition does not require the church to put the road through their property out to Buena Vista Road, but simply requires that they provide a rod iron treatment with possibly landscaping and a gate that the church would control. Commissioner Tkac moved, seconded by commissioner Tragish, to adopt a Resolution making findings approving the Negative Declaration and approving the requested General Plan Amendment to change the land use designation from GC (General commercial) to LR (low density residential) on 13.37 acres, and HMR (high medium density residential) to LR (low density residential) on 11.8 acres. Motion carried by the following roll call vote: AYES: Commissioners McGinnis, Tkac, Blockley, Tragish, Stanley, Andrews RECUSE: Commissioner: Johnson Commissioner Tkac moved, seconded by Commissioner Andrews, to adopt a Resolution making findings approving the Negative Declaration and approving the zone change from C-2 (Regional Commercial) zone to R-1 CH (one-family dwelling church overlay) zone on 13.37 acres, and a zone change from R-2 (limited multiple family dwelling) to R-1 CH (one-family dwelling church overlay) on 11.80 acres as shown on attached Exhibit A-2, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners McGinnis, Tkac, Blockley, Tragish, Stanley, Andrews RECUSE: Commissioner: Johnson 6.4a General Plan Amendment 48-0594(Mark J. Smith) 6.4b Zone Change 08-0590(Mark J. Smith) Commissioner Tragish recused himself. The public hearing is opened. Staff report given. Dave Demhowski with Premier Planning Group, representing Bakersfield commons, LLC, stated they have concerns with the wide range of permitted uses under the requested zoning classification. He explained that the Bakersfield Commons project is a pending application on approximately 250 acres, which is a proposed mixed use urban village. That project is generally to the south and east of this applicant's property. Mr. Demhowski stated that their comments are limited to just that five acres. He stated they would have preferred that it be zone CO or C2, and pointed out that M1 has a variety of uses. He said that they have requested a continuance with respect to these concerns for uses. Meeting Minutes of Planning Commission - June 19, 2098 Page 10 He stated they would like to have a private agreement that discusses the incompatible uses in a new major urban infill project. Mark Smith, representing Langley World Properties, LLC, stated that they have reached an agreement with the property owner to the west of the five acre piece. He stated that there is a willingness to consider some of the items Mr. Dmmhowski is suggesting, but not to the extent that almost 60%of the items allowed in an M1 zone would be asked to be restricted. Fred Porter, the engineer on this project, pointed out that there is a BNSF main rail line to the north of the M1 zoned property which is elevated about eight feet above the surrounding ground elevation. He stated they recognize that there will have to be a grade separation going either over or under the rail and BNSF indicated that it would go over the rail. He pointed out that because of the grade separation that by the time you get to the bottom of the grade separation on the south end, it will be beyond the property limits of this proposed M1 existing R1 zoned property. He pointed out that there will also have to be a frontage road and it seemed more logical to have a M1 zone designation, and further explained that M1 is compatible with R1. Mr. Porter pointed out that there is an oil well and tank farm site just north of this proposed general plan/zone change and that it is more prudent for the property to have an M1 zone near and adjacent to the oil well and the tank farm than the current R1 zone designation. The public hearing is closed. Commissioner Stanley inquired if some of Mr. Dmohowski's concerns could be alleviated by addressing some of the use restrictions. Mr. Dmohowski responded in the affirmative. Commissioner Stanley inquired if he could get some agreement by the time it reached City Council. Mr. Dmohowski stated he hopes to continue their discussions. Commissioner Stanley inquired if there are three separate parcels, to which Staff pointed out the parcels. Commissioner Stanley inquired if any of the surrounding M-1 s restricted in any of the current uses. Staff responded in the negative. Commissioner Stanley stated that he hopes there can be some agreement before it goes to City Council if this is approved. Commissioner Blockley inquired if the future El Toro Viejo Road is a designated collector and if so, how many collector grade separations have been built in the city. Staff responded the only ones they can think of are arterials. Commissioner Blockley commented that El Toro Viejo Road may or may not be built to the railroad and that the existing access to this site is pretty industrial and therefore he is inclined to think that it is the way it is. He stated that he does not see this as a big change from what is there now and would be inclined to support this project. Commissioner Johnson stated that he is inclined to giving people more time when they are close to working something out. Staff explained that if continued, this would not come back until September 17". Commissioner Stanley inquired of Mr. Smith if there is a possibility to continue this matter. Mr. Smith stated that he is not sure that they are going to get close to the list of restrictions that are being proposed by the Bakersfield Commons Project. He stated they came to a point today that they determined that they are not going to be on the same page with the extensive request of items be restricted. He stated that at this point they are agreeable to restricting 15 of the uses, but they do not want to consider anything that would be further restrictive and limit the opportunities for that particular property. Commissioner Stanley stated a continuance may not be fruitful as the parties do seem to be further apart. He stated that seeing the surrounding uses that are allowed, it may be prudent to support this at this point. Commissioner Johnson inquired if Staff has a list of the uses allowed in a M-1 zone. Staff responded that they are in the staff report and that it does not include animal slaughtering or large batch plants. Commissioner Johnson pointed out that they might want to put the 15 agreeable restrictions on now. Staff recommended that this not be done because it would be treating Meeting Minutes of Planning Commission - June 19, 2008 Page 11 this zone designation different than others in the area and if there is an agreement it should be a private agreement. Staff pointed out the Bakersfield Common Project and the proposal. The Bakersfield Common Project is over 2.5 million square feet of commercial and commercial office and over 400 homes. Staff explained that they are in process of an EI R and have submitted most of the studies. Staff also explained that it has huge traffic impacts on this area. Staff explained that the current application should be considered on today's designation and not hold it hostage for another project to make its way through the hearing process. Staff also pointed out that with regard to compatibility the Lifestyle project is actually going over the top of the M-1 zone with commercial or possibly commercial residential uses and putting it right next to the railroad, and right across the railroad to M2 uses. Staff pointed out that on the east side of the project there is M-2 and would become more of a commercial use. Commissioner Tkac stated he thinks it needs to go to vote, and agrees that it is a private matter. Commissioner Tkac moved, seconded by Commissioner Blockley, to adopt a Resolution making findings approving the Negative Declaration and approving the General Plan Amendment to change the land use designation from LR (low density residential) to LI (light industrial) on 4.5 acres as shown on Exhibit A-2 and recommend the same to City Council, and incorporating the memorandum of June 13th. Motion carried by the following roll call vote: AYES: Commissioners Johnson, McGinnis, Tkac, Blockley, Stanley, Andrews RECUSE: Commissioner: Tragish Commissioner Tkac moved, seconded by Commissioner Blockley, to adopt a Resolution making findings approving the Negative Declaration and approving the zone change from R1 tone family dwelling) to M1 (light manufacturing) on 4.88 acres, as shown on Exhibit A-2 and recommend the same to City Council, and incorporating the memorandum of June 13th. Motion carried by the following roll call vote: AYES: Commissioners Johnson, McGinnis, Tkac, Blockley, Stanley, Andrews RECUSE: Commissioner: Tragish 6.5a General Plan Amendment 08-0612(E & R Surveying & Consulting) 6.5b Zone change 08-0612 (E & R Surveying &Consulting) Commissioner Tkac recused himself from this item. The public hearing is opened, staff report given. Erick Certek, with E&R Surveying, stated they would like to reiterate the request for mixed use general plan designation. Darlene Dennison stated that their home is adjacent to where the road dead ends. She stated that they would like more definition of what mixed commercial would be and that their biggest concern is not bringing traffic from Rosedale Highway into their neighborhood. She stated that they would like the road to be permanently dead-ended. Erick Certek, with E & R Surveying, stated they are in favor of Staff's recommendation. The public hearing is closed. Commissioner Stanley inquired what the multi use designation will allow on the property. Staff responded that it allows a wide range of uses from C-2 type intensive commercial uses to some residential uses. Commissioner Stanley inquired what size they are typically looking at for that designation in an outlying area. Staff responded they are typically looking at 20 to 80 acres and this project is 8.2. Meeting Minutes of Planning Commission - June 19, 2008 Page 12 Commissioner Stanley stated that this does not look to be the proper designation at this time and the direction Staff is recommendation would be more appropriate. He stated that the PCD would allow more control at a further date. Commissioner Stanley inquired if the road extension is going to go through to Rosedale. Staff responded in the negative. Commissioner Tragish inquired where the north-south road is going to be. Staff responded that it will be along the east line of the project and will go north and bend into Allen Road. Therefore, it will tie in to both Rosedale and Allen Road. Commissioner Tragish stated that he spoke to Mr. and Mrs. Dennison prior to this meeting. He explained the north south road to Mrs. Dennison and she agreed that would be excellent. Commissioner Blockley inquired if the applicant has a PCD and decides they want to achieve some kind of commercial fronting Rosedale Highway and some sort of residential backing up to what is still going to be large lot residential, as a buffer between the offices and the residential if that would be permitted with a PCD. Staff responded that under the Co-PCD it would not be permitted, however, under a MUC they could do a couple of light commercial uses, because you can approve conditional uses and some residential uses under a PCD. Staff clarified that you have to assign the conditional uses when you originally assign the PCD zone and not when the plans are brought back. Staff further responded that they have been dealing with this property owner in this area for a long time and they are probably looking at some commercial and some buffer residential lots compatible to the lots to the north, and then even some partial office in the back. Staff pointed out that they have told the applicant that they cannot support commercial in this location because of the bigger picture that is going on in the area. Commissioner Blockley inquired if the property to the west was a failed attempt to go to M-1. Staff responded in the affirmative. Commissioner Blockley stated that he will support staff's recommendation. Commissioner Tragish moved, seconded by Commissioner Stanley, to adopt a Resolution making findings approving the Negative Declaration and denying the request to MUC (mixed use commercial) and approving the General Plan Amendment to change the land use designation from UER (urban estate residential) to oC (office commercial) on 6.2 acres as shown on attached Exhibit A-2, and recommend the same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Johnson, McGinnis, Blockley, Tragish, Stanley, Andrews RECUSE: Commissioner: Tkac Commissioner Tragish moved, seconded by Commissioner Stanley, to adopt a Resolution making findings approving the Negative Declaration and approving the zone change from A (agriculture zone) to C-o-PCD (professional and administrative office planned commercial development zone) on 6.2 acres as shown on attached Exhibit A-2, and recommend the same to City Council. Motion carried by the following roll call vote: AYES:Commissioners Johnson, McGinnis, Blockley,Tragish, Stanley, Andrews RECUSE: Commissioner: Tkac Meeting Minutes of Planning Commission — June 19, 2008 Page 13 7. COMMUNICATIONS: None. 8. COMMISSION COMMENTS: Commissioner Johnson thanked the Public Works Dept. for oiling his street. 9. ADJOURNMENT: There being no further business the meeting was adjourned at 8:28 p.m. Robin Gessner, Recording Secretary JAMES D. MOVIUS, Secretary -� Planning Director July 21,2008