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HomeMy WebLinkAbout03-16-09 MINUTES K PLANNING COMMISSION MINUTES LF P Pre-Meeting Meeting March 16, 2009 — 12:15 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue 1 ROLL CALL Present: Commissioners Johnson, McGinnis, Stanley, Blockley, Tragish, Strong Absent: Commissioner Tkac 2. PLEDGE OF ALLEGIANCE: 3. PUBLIC STATEMENTS: No speaker cards were presented. 4. CLOSED SESSION Conference with Legal Counsel - Potential Litigation; Closed session pursuant to subdivision(b)(1)(3)(A) of Government Code section 54956.9(One Issue)(Monday Meeting Only). Commissioner Stanley moved, seconded by Commissioner Blockley, to adjourn to closed session at 12:16 pm. Motion carried by group vote. 5. RECONVENE MEETING Hearing was reconvened at 12:35 pm. Ms. Gennaro, Bakersfield City Attorney, stated that there was no reportable action as a result of the closed session. 6. CONSENT CALENDAR 6.1 Non-Public Hearing Items 6.2 Public Hearing Items 6.2a Approval of Revised Comprehensive Sign Plan Review No. 09-0112 (Castle &Cooke Commercial-CA) These will be heard at Thursday's regular meeting. Staff report given on 6.2a by Paul Hellman, Principal Planner over the permitting section. Commissioner Tragish stated that he has a conflict of interest on this matter as the contractor is his client. Commissioner Blockley recused himself from 6.2a. Staff report given by Mr. Hellman. No commissioner comments. Meeting Minutes of Planning Commission- March 16, 2009 Page 2 7. TENTATIVE PARCEL MAP Tentative Parcel Map 11846 for Condominium Purposes(Porter and Associates) The public hearing is closed, staff report given. Commissioner Tragish inquired where the current access to this property is located, as well as, the proposed access for emergency access. Staff pointed out the primary access however was unsure where the proposed emergency access was located. Commissioner Tragish inquired where Staff is recommending secondary access, to which Staff responded that currently access is provided from the west from the existing office complex. Staff further pointed out that there is a requirement for a local road along the east boundary of this tract from Brimhall which will be southerly to approximately mid point of the parcel map, which the Fire Department has approved as secondary access. Commissioner Tragish inquired if the applicant does not want to provide that access on the southerly part of the tract, to which Staff responded that the applicant "did not wish to provide this access on this side here." Commissioner Tragish stated that he reads this to state that they are requiring the applicant to provide access. Staff responded in the affirmative pointing out that there is a recorded road easement in that location prior to the map. Commissioner Tragish inquired why the applicant does not want to comply with Staff's recommendation for access. Staff responded that, at the applicant's own risk, he created a conceptual site plan for this parcel and it shows buildings where the road would be, because he has invested a certain amount of money into that conceptual site plan he has requested that road be vacated. However in the City's research that road is necessary to provide access to the property to the east of this project site. Staff explained that it would straddle the east boundary line of this parcel map from Brimhall south. Commissioner Tragish inquired if the applicant is in agreement with the conditions as currently set. Staff responded that the applicant has "sort of" accepted the requirement for that road, however he has expressed interest in speaking with the councilman who represents that area. Commissioner McGinnis stated he shares Commissioner Tragish's confusion on this situation because the way the map is being proposed now it looks like there is one way in and one way out. Staff responded that upon development of this parcel map there will actually be two ways in; one connected to the existing office complex that fronts Brimhall and will be like a parking lot driveway, then there will be a local road from Brimhall along the east boundary. Staff pointed out the access via driveway and the existing office complex with a shared driveway access. Commissioner McGinnis inquired if the map needs to be revised before it can be approved. Staff responded that there are conditions of approval in Exhibit 1 that require the common access, as well as require the road, which net two accesses off of Brimhall Road. Staff explained where the easterly access would be, pointing out that it would be a local road providing access to the parcel map and then to property adjacent to the east. Commissioner McGinnis inquired if it would provide access to the westerly property, to which Staff responded that it would through the parking lot design as there would be common access designs. Commissioner McGinnis inquired as to the easterly access, to which Staff explained that they will have access only from "this" road and the easterly properties will be shared between this parcel map and to the east. Commissioner McGinnis inquired if it will go through one of the existing parcels, to which Staff responded that it straddles "this" line so that 30' will be on this parcel map and 30' will be on the easterly property. Commissioner McGinnis inquired when it turns left, to which Staff responded that it does not turn west. Commissioner McGinnis pointed out that the westerly parcels will not have access to "that" road. Staff responded that they have access however it just depends how the site plan is submitted. The site plan an be re-oriented so that buildings face"that" road or have a side orientation. Staff further pointed out that it would be a factor of designing the parking lot from one of the buildings that has access to both the road that goes through the center of the project and the road on the eastern side however it would be up to the applicant to do it. Commissioner McGinnis stated that he has health and safety concerns, and would like to hear from the Fire Department representative regarding this situation. Howard Wines, the Fire Prevention Director for the Bakersfield Fire Department, commented that the Fire Code requires a secondary access for this property and the access has to be sufficiently removed from the primary access at Brimhall so that the Meeting Minutes of Planning Commission- March 16, 2009 Page 3 southern portion of that parcel is accessible for emergency response purposes. Mr. Wines pointed out that there is an alternative that if the buildings in this parcel were sprinklered it would be an effective substitute for the secondary access requirement. Commissioner McGinnis inquired if this would meet the fire standards, to which Mr. Wines responded that if the access road on the eastern side of the property provides access into the parcel from the eastern side road it is acceptable. Commissioner McGinnis inquired if this eastern access would provide that required access, to which Staff responded in the affirmative. Commissioner Blockley referred to Exhibit 2 in the staff binder, which shows the line or the road discussed, as well as apparent lines heading east to Coffee Road and inquired if that is a street that is actually planned. Staff responded that this particular roadway is going to be interfering with an interchange with the Westside Parkway and Coffee Road, so in the future that access onto Coffee probably will not be available. Commissioner Tragish inquired if Staff could give a sketch as to where the roads are suppose to be located so he can look at it again for Thursday night. 8. PUBLIC HEARINGS— EIR'S 8.1 Adequacy Hearing for Saco Ranch Commercial Center Draft EIR (GPA/ZC 06-2247) (McIntosh & Associates) Staff report given by Martin Ortiz, Principal Planner of Advanced Planning. Commissioner McGinnis stated that he noticed there have been some mitigation measures in regards to substitution of ag land for the agriculture land going out of production and asked where he could find something in detail in regard to the replacement land, what requirements are put forth for that land and what does the owner have to do to comply. Staff responded that they will provide this for Thursday's meeting. No further Commissioner comments. 8.2 Environmental Impact Report (EIR) for the Hillside Development (HD) Combining Zone Ordinance(Bakersfield Municipal Code Chapter 17.66)(City of Bakersfield) Staff report given, no comments from the Commission. 9. COMMUNICATIONS No communication presented. 10. COMMISSION COMMENTS No Commissioner comments. 11. ADJOURNMENT There being no further business the meeting was adjourned at 1:01 p.m. Robin Gessner, Recording Secretary JAMES D. MOVIUS, Secretary Planning Director April 10,2009