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HomeMy WebLinkAbout10-16-08 MINUTES � AK PLANNING COMMISSION MINUTES Regular Meeting -- October 16, 2008 - 5:30 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL Present: Commissioners Johnson, McGinnis, Stanley, Blockley, Andrews, Tragish Absent: Commissioner Tkac 2. PLEDGE OF ALLEGIANCE: 3. PUBLIC STATEMENTS: Pamela Prewett referred to the proposed condominiums in the Rio Bravo area and expressed that she is concerned about the road system. She indicated that it is not adequate for the Fire department to get their emergency vehicles in the development. She commented that she would like the Planning Commission to require the developer to build the streets at an adequate width for the Fire department to have adequate access. William Prewett referenced the Fuller project in Rio Bravo, expressing his concern with the developer's proposed street width. He commented that this project has been flawed from the beginning and he would like to see it curtailed. Kelly Lucas stated that since the public hearing on the Fuller project, Tentative Tract Map 6736, has been closed, he wanted to take the opportunity to make some public statements. He pointed out that the density of this project, compared to the density of projects in the area, is 2 to 1, 7 to 1, 5 to 1, and 6 to 1. This means that the Fuller project contains 7% of the acreage, will contain 24% of the lots, and the developer is trying to get this done on substandard streets. Mr. Lucas referenced a community in Tustin that dealt with street width issues and their first bullet item was that it prevents street sweeping, prevents police observation of properties, and masks the presence of abandon and inoperable vehicles, harms neighborhood appearance and creates blithe and jeopardizes neighborhood safety. He explained that this project initially proposed that the homeowners' association would police the parking, etc. and pointed out that in Tustin the police are not even able to police the issues. With this being a condominium project there may be renters, etc. and therefore it will be difficult to police. He also pointed out that Genny Gennaro previously pointed out that the Police department has no police powers to remove cars on the street in this situation and that only the homeowners' association can do that. Thus, if the City cannot do the policing, relying on the homeowners to make it happen is a stretch. Mr. Lucas provided a photo of what the situation will look like. Mr. Lucas also discussed the trash collection issues, as well as perimeter fencing, pointing out that the fencing modification never made it to any of the packets. He commented that Paul Heiman advised him that the time for this particular modification had expired. Mr. Lucas also discussed the phasing issues previously raised by commissioner Blockley. Commissioner Tragish inquired if he could see supplemental briefing in the Staff Report for the Rio Bravo project which comes back before November 6th, regarding the block wall and fencing. He further inquired if Staff would look into the idea of policing the parking. He asked Staff to address the consistency of the fencing on the golf course, as well as if there is a waiver for a block wall around the project, given the changed circumstances and now there are 17 lots, and how it will effect that particular requirement. Commissioner Blockley stated that under the non-public hearing items he will declare a conflict with item numbers 4.1b. Meeting Minutes of Planning Commission--October 1 C, 2008 Page 2 4. CONSENT CALENDAR: 4.1 Non-Public Hearing Items 4.1 a Approval of minutes for Planning Commission Pre-Meeting on September 15, 2008 and Regular Planning Commission meeting on September 18,2008. 4.1 b ARProval of Administrative Review 08-1320(Derek Holdsworth, AIA) 4.1 c Receive and File Planninq Director's Re ort Regarding Review of Active Development Agreements(City of Bakersfield) Commissioner Tragish referenced the Minutes for September 18, 2008, 4.2g on page 2, commenting that in this particular item he indicated that he had a conflict as to 4.2a and 4.2b and that the record should reflect that his vote would not be directed towards those two items. Staff indicated that an amendment would be made to reflect the recused items. Commissioner Tragish further referenced page four, at the top, and redirected the first two sentences to read, "Commissioner Tragish commented in response to Commissioner Johnson that he compares apples and oranges when he is talking about streets inside the city where you are trying to get...". Commissioner McGinnis moved, seconded by Commissioner Andrews, to approve the non-public hearing items as amended by Commissioner Tragish, and as noted, Commissioner Blockley has a conflict on item 4.1 b and recommend approval. Motion carried by group vote. 4.2 Public Hearing Items 4.2a Approval of Revised Comprehensive Sign Plan No. 08-1249(Donahue Schriber) 4.2b Approval of Zone Change 08-0595(Wiley D. Hughes, Surveying) 4.2c A royal of Amendment to Title 18 of the Bakersfield Municipal Code Subdivision Ordinance Pertainin to "timely filing"and Condominium Subdivisions. The public hearing is opened. James Schmidt requested that 4.2b be pulled from consent. Ms. Christianson stated she wanted to speak on the West Jeffrey item. commissioner Johnson indicated that it will be removed from consent and heard in its regular order. No Commissioner requested removal of any item from the consent calendar. The public hearing is closed. Commissioner Stanley moved, seconded by Commissioner Andrews, to approve the Public Hearing Items 4.2a and 4.2c. Motion unanimously carried by the following roll call vote: AYES: Commissioners Johnson, McGinnis, Stanley, Blockley, Andrews, Tragish ABSENT: Commissioner Tkac RECUSE: Commissioner Blockely(4.1 b only) 5. WORKSHOP., "City of Bakersfield Glean Air Efforts"presented by Kevin Barnes, Solid Waste Director. Staff referenced Healthier Living Week where attention is paid to air quality things like carpooling are recognized. Mr. Barnes gave a presentation on the activities planned for this. He pointed out that air pollution comes from three main sources: 1) direct effect of vehicle exhaust, 2) power plant exhaust, and 3) generation of dust and other chemical compounds into the air. He stated that the city is spending tens Meeting Minutes of Planning commission—October 16, 2008 Page 3 of millions of dollars of its own funds in these efforts, in addition to some much larger funds from outside, such as the highway funding from the federal source. Mr. Barnes providE�d a video of the Air Pollution Reduction Project, which is in the Green Waste Facility, which was recently converted from diesel power to electric cutting 19 tons of diesel exhaust out of the air every year, and many tons of other particulates. Mr. Barnes further pointed out that in the transportation arena, the Thomas funds are reducing highway congestion and is progressing well. He further pointed out that flex time for employees, bike storage, showers, etc. is aiding in pollution reduction. There are master bike plans throughout the city to promote alternative transportation and is also aiding in pollution reduction. Mr. Barnes further stated that the city street lights have been converted to low power LED type lights and 70"/'o of all the street lights are coordinated. Mr. Barnes stated that with respect to land use planning, all of the larger land use projects now require an EI R which mitigates the air pollution impacts to zero, as welll as the 40% shade coverage requirement in parking lots, which reduces the heat island effect. He pointE?d out that on the fringe of the city there are more trails for the encouragement of walking to recreational facilities. Also contributing to pollution reduction are the General Plan policy changes encouraging the mixed use of commercial and residential nearby to reduce physical trips. Mr. Barnes explained that with regard to the Parks and Recreation Plan, they have conducted two pilot programs to power the irrigation systems, which saves on electric power. He also pointed out that they are getting into computerized irrigation control over the phone lines, which saves a significant amount of vehicle travel out to the sites. Mr. Barnes commented that there have been conversions of park and stadium lighting with low energy lighting. Mr. Barnes further explained that with regard to the General Services Department, which operates all the fleets and buildings that the city owns, their biggest accomplishment is the largest natural gas, all fuel fleet, in Kern County, as well as the primary station for fueling. He commented that there is annual funding for reducing bare dirt surfaces at City facilities of all types so therE'. is less dust generated. The Public Works Department, through General Services, has been reviewing the green building practices to take advantage of the PG&E incentives. He further explained that they have been participating with the Kern County Water Agency in a 1 megawatt photoable take power insulation at a value of about $8.8 million, which is reducing the power plant emissions. Mr. Barnes also statE►d that they participated in the Kern Energy Watch since 2003, updating several electric and lighting systems in various downtown facilities. He stated that they have an ongoing search for a City Corporation Yard, as currently the main corporation activities are conducted out of one yard and therefore they would like to decrease employee travel both to work and to all the operations who have to go city-wide. Mr. Barnes explained that with regard to the Waste Water Treatment plants, they have been busy with developing over 2 megawatts of electric production from gas that is produced in the Waste Water digesters, which has offset around 85%of their PG&E consumption. He further pointed out that they are controlling odors and other gases by capping over some of the facility and adapting new scrubbers at a cost of around $6 million, which has a great effect on the ozone. Mr. Barnes explained that with regard to solid waste, they have the Green Waste Facility which cost about $5.5 million. He explained that about $280,000 for one of those large grinding machine was provided through a grant from the Rose Foundation, which funding was derived from the development fees. Mr. Barnes explained that the conveyor system helps with dust control and cutting fuel by cutting down on trucks. He also stated that they have been converting the refuge truck fleet to natural gas power from diesel, which is at about $2.5 million and counting. He stated that eivery few months they phase new trucks over. Likewise, the street sweep fleet for the streets has been converting to clean air vehicles at a cost of about$2.3 million, with about 12 of the 19 sweepers converted L)-o far. Lastly, Mr. Barnes explained that they are investigating the feasibility of ccar pooling garage out of town, which involves moving large amounts of refuse in less trucks which would provide a very sizable reduction in air pollution. He pointed out that the city is working on a grantt with the county which would provide $20 million. Commissioner McGinnis inquired of Mr. Barnes if the Green Waste Facility is run by city employees or contracted out. Mr. Barnes responded that it is owned and operated by the City and has approximately 35 City employees and runs seven days a week, 10 hours a day. Commissioner McGinnis inquired about selling some of the material to the City of Delano, to which Mr. Barnes responded that is to Delano Meeting Minutes of Planning Commission—October 16, 2008 Page 4 Energy Company and not the city itself. Mr. Barnes explained that the remaining compost of wood chips go to the energy plant and another large amount goes to a bulking agent for composting of biosolids. The compost that doesn't get chipped up and sent elsewhere is broken down into the black humus type material that is sold to landscapers and agriculture for soil enrichment. Commissioner McGinnis inquired if it is sold to the public, which Mr. Barnes responded in the affirmative, explaining that the black humus type material is sold for $15, tax included, for a scoop that fills a full-size pick up truck which generates about$220,000 a year. Commissioner Johnson inquired if any of the grant money is coming from the Air District. Mr. Barnes responded that the natural gas vehicle conversions are partly paid for by Air District funding. He explained that about$10,000 to$30,000 per machine is usually provided by Air District funding. fin PUBLIC HEARING—RECIRCULATION DEIR ADEQUACY HEARING 6.1 Canyons Proiect GPAIZC 03-0337(Robert Kapral, Canyons, LLC) The public hearing is opened, staff report given. No one from the public spoke on the adequacy of the Draft EIR. The public hearing is closed. Commissioner McGinnis inquired if under item N on the slide if "mineral rights" should read "mineral resources"to which Staff responded in the affirmative. Commissioner Stanley moved, seconded by Commissioner Blockley, to refer comments to Staff for the preparation of a Final El R. Motion unanimously carried by the following roll call vote: AYES: Commissioners Johnson, McGinnis, Stanley, Blockley, Andrews, Tragish ABSENT: Commissioner Tkac 7. ,PUBLIC HEARING—Zone Change-08-0595(Wiley D. Hughes, surveying) The public hearing is opened, staff report given. James Schmidt stated that in 2000 the Labor Council celebrated its 100 birthday in Kern County, pointing out that they have been in this current location since 1971. He stated that his is a very quiet area with very light traffic. He stated that their hours are generally during the week and end early. He also pointed out that they have various wildlife that make their home in this area. He commented that there is no need for another storage unit in this area, pointing out that the Union Store-All, at 111 30th Street, is exactly one minute from this location. He also stated that at 4050 Chester Ave. there is an American Self Storage, which is 1 711100 mile from this location, and about 3 minutes driving time. He inquired if there has been an environmental impact report on this area. He specifically referenced the Kit Fox. He pointed out that access to this location will require a street extension and a sewer system. Mr. Schmidt further pointed out that there will be a need for water. He inquired who will pay for these things. Mr. Schmidt pointed out the spores in the soil and inquired if they are harmful. He further questioned how this project will be funded with the depressed economy and given the failure of the Sun World International multi million water storage project and the Padre Condo Residential Tower, the City in the Hills, Tuscany Village, McAllister Ranch, etc. Mr. Schmidt commented that a good use for this land would be a beautiful park along the slope for people in the area to enjoy. He concluded by stating that haste makes waste. Aralda Christianson, resident of Panorama Gardens east of the proposed project, stated that as little as 10 days ago she witnessed at least two of what she believed to be Kit Foxes on the property where the proposed development, and the letter states, that the property is exempt from an EIR. She also stated that they have a flock of parrots that are on the property of the Labor Hail that is to the east of the proposed development. She stated development in this area would disturb the existing habitats. She pointed out that the street is very narrow and that it is difficult for the garbage truck, little alone fire trucks, to get through this street, with traffic legally parked on both sides of the street. She stated that she believes that there would have to be some other access to the property, otherwise it will create a huge traffic hazard. Ms. Christianson stated that when her husband purchased their property, one of the greatest values of it was the quiet and the fact that they didn't have anything to the west. She stated that Meeting Minutes of Planning commission—October 16, 2008 Page 5 if the development goes through their property values will decrease because they will not have the quiet that exists currently. Wiley Hughes, representing the land owner, stated that the project will not produce a lot of noise. He indicated that there will be a turnaround for the garbage trucks on site. Mr. Hughes further pointed out that there will be security alarms, locked gates and people from lam to 7pm during the day. He requested approval of the project as is. The public hearing is closed. Commissioner Tragish referenced this coming before the Planning Commission previously and inquired why this is being increased by almost 100 units. Staff responded the applicant actually has more room because they eliminated the residence, and changed the sizing of the units. Commissioner Tragish inquired as to the access, to which Staff confirmed that access is through Jeffrey, which street has all the apartments on it. Commissioner Tragish further stated that when this project came through previously, one of the questions was traffic and noise through the residential neighborhood to get to the mini storage and at that time it was pointed out that traffic will not be lined up down the street backing up into Union Avenue, thereby making the project a very comparable development in this location. Commissioner Tragish inquired what the traffic impacts will be if they increase the development by 100 more units. Staff responded that there is no traffic analysis to show the difference in the number of automobiles that would use the mini storage. Staff explained that the history of storage facilities in the City have shown these facilities to be extremely good neighbors, which are typically quiet. Staff further explained that it has gated controls making it a private gated facility. Staff stated that their experience has been that they receive very little complaints on these types of storage units. Commissioner Tragish inquired if this is a normal unit size facility for the City. Staff responded they do not know the comparison figures. Commissioner Tragish commented that the applicant, prior to getting a zone change, could have put apartments in this location or some other type of development that would have created more impacts to this area, which made the storage facility a selling point, because it was a lower impact project. Commissioner Tragish commented that with regard to the current application his concern has been with any additional significant impacts to this neighborhood, which he cannot foresee based on facts and testimony presented. Commissioner McGinnis stated that his understanding is that they are not looking at any EI R, but rather considering the increase of approximately 98 units and the elimination of the residence. Staff responded in the affirmative as far as the entitlements, as this application is exempt from CEQA because it is less than five acres and it is an in-fill project that is a commercial designation. Staff pointed out that the General Plan for this area has been General Commercial and this seems to be a very light commercial use. Staff further pointed out that the State has indicated that the benefits of in-fill outweigh some of the environmental impacts. Staff also commented that there are some conditions on the project that speak to the wildlife issues, specifically a Kit Fox survey prior to ground disturbance for bird species that might be there. He explained that the mitigation included is considered full mitigation by the wildlife agencies. Commissioner McGinnis inquired to Mr. Hughes if the negotiation with the property owner on that right- of-way, going in there, and have you or your client made any in roads as far as getting that resolved on Jeffrey Street. Mr. Hughes responded that they contacted the owner and they are willing to sign. Commissioner Blockley inquired as to the architect of the building. He also referenced condition 10 which references a maximum height of 8', one story, and inquired if there is some leniency in this because it seems pretty short for the top of the structure. Staff responded that they received clarification from the applicant that it would be metal sided, but it would be the paint finished siding for the sand color, with the roofs. Staff also stated that the height came from the applicant and therefore deferred to the applicant. Mr. Hughes responded that the eight foot, one story will work and that it will have a roll up door within a foot of the eight feet and thus there should be seven feet to work with inside. Commissioner Andrews commented that he noticed that a number of the storage facilities around town that there is a residential unit for oversight and security, and he inquired as to the rational for removing the residential piece. Mr. Hughes responded that one of the reasons was the cost, but also the developer Meeting Minutes of Planning commission-October 18, 2008 Page 8 has automated the alarm systems and the gates, as well as the security to the point where many of the mini storages are going to this type of system rather than an on-site individual. Commissioner Andrews commented that in other places he has seen where uses turn into things like a small band using a mini storage as a practice facility, and he inquired what kind of restrictions there would be on this facility. Mr. Hughes responded that it is his understanding that the PCD zoning would prohibit any other use than storage. Mr. Hughes confirmed that they would control the use through security and ongoing operations. Commissioner Johnson commented that the issue of the Kit Fox and avian life has been addressed to the public, and further stated that with regard to the sewer system there is a requirement in the conditions to actually require sewer permits. Staff stated that the condition was there for the residence, but wouldn't be needed if there is no residence. Commissioner Johnson referred to the width of Jeffrey Street, and asked Staff what the width of the City standard would be. Staff explained that Jeffrey is a local street, and therefore the right-of-way is 60', and the curb to curb width is 36 to 44' depending on the usage. Staff commented that they thought Jeffrey would be 36'. Commissioner McGinnis moved, seconded by Commissioner Stanley, to approve the zone change number 08-0595, with findings and conditions set forth in the attached Resolution, Exhibit "A", and recommend the same to City Council. Motion unanimously carried by the following roll call vote: AYES: Commissioners Johnson, McGinnis, Stanley, Blockley, Andrews, Tragish ABSENT: Commissioner Tkac 6. PUBLIC HEARING --Approval of Amendment to Title 16 of the Bakersfield Municipal Code Subdivision Ordinance Pertaining to"timely filing"and Condominium.Subdivisions. (Exempt from CEQA) Heard on Consent Calendar. 9. COMMUNICATIONS: None. 10. COMMISSION COMMENTS: Commissioner Johnson asked who in the audience were students and invited them to ask any Commissioner questions. 11. ADJOURNMENT: There being no further business the meeting was adjourned at 6:52 p.m. Robin Gessner, Recording Secretary JAMES D. MOVIUS, Secretary Planning Director October 22, 2008