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HomeMy WebLinkAbout03-19-09 MINUTES K PLANNING COMMISSION MINUTES P Meeting March 19, 2009 - 5:30 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL Present: Commissioners Johnson, McGinnis, Stanley, Blockley, Tragish, Tkac, Strong 2. PLEDGE OF ALLEGIANCE It was noted that a court reporter is present who will transcribe portions of the meeting. 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). This item was heard on Monday and was conference with legal counsel. 5.. RECONVENE MEETING 6.. CONSENT CALENDAR Commissioner Tkac stated that he reviewed the tape of Monday's Pre-Meeting and will be participating in tonight's meeting. 6.1 Non-Public Hearing Items 6.2 Public Hearing Items 6.2a Approval of Revised Comprehensive Sian Plan Review No. 09-0112 (Castle & Cooke Commercial-CA) located at 9300-10000 Stockdale Highway (north side of Stockdale Highway, between Calloway Drive and Don Hart Drive West). This item was continued to April 2, 2009. It was noted that Commissioner Strong stepped out from the meeting at 5:34pm. Commissioner Tragish recused himself from any involvement in this agenda item (6.2a) due to a conflict of interest in that the general contractor is a client. Commissioner Blockley stated that he recused himself on Monday on the basis that some of the Exhibits referenced projects that he has been involved with and therefore he is not going to vote on this agenda item. Staff added that it would be appropriate to open the public hearing and continue it keeping the public hearing open. The public hearing is opened, no one from the public spoke. The public hearing remains opEm with item continued to the April 2, 2009 meeting. Meeting Minutes of Planning Commission- March 19, 2009 Page 2 Commissioner Tkac moved, seconded by Commissioner McGinnis, to continue this item to April 2, 2009 with the public hearing remaining open. It was noted that Commissioner Strong returned to the meeting at 5:36pm. Motion carried by the following roll call vote: AYES: Commissioners Johnson, McGinnis, Stanley, Tkac, Strong RECUSE: Commissioners Blockley(6.2a only), Tragish (6.2a only) 7. TENTATIVE PARCEL MAP Tentative Parcel Map 11846 for Condominium Purposes(Porter and Associates) Staff report given, staff advised that in regards to access to the site there will eventually be three different areas off of Brimhall road; on the far west side of the project there is a River Ranch Drive entrance, a landscaped entrance off of Brimhall for the office complex and on the east side of the project there is a road that is partly their responsibility and would be shared between these two properties, that is also required upon Phase 2. The initial phase of development which is Phase I, the west side parcels, could be a temporary emergency access and when Phase 2 is developed it would have to be put in. There would also be access across parking areas to the interior area which would be drive aisles and parking also. No comments from Commissioners. Commissioner Strong moved, seconded by Commissioner Tkac, to approve Tentative Parcel Map 11846 for Condominium Purposes, with findings and conditions set forth in the Resolution dated March 19, 2009 attached to the Planning Director's recommendation drafted March 11, 2009 and referencing the March 17, 2009 memo. Motion carried by the following roll call vote: AYES: Commissioners Johnson, McGinnis, Stanley, Blockley, Tragish, Tkac, Strong 8. PUBLIC HEARINGS- EIR'S 8.1 Adequacy Hearinq for Saco Ranch Commercial Center Draft EIR (GPA/ZC 06-2247) (McIntosh & Associates) The public hearing is opened to receive comments regarding the adequacy of the Draft EIR for this project. Staff report(liven, Bruce Grove with RBF, the City's consultant, gave a presentation. Gordon Nipp, with the Sierra Club, submitted handouts to the Commission, he stated that he will submit written comments at a later date and wanted to focus on climate change (Global Warming). He stated that the climate change section contains "number misuse," is chaotic and open to a lot of criticism. Mr. Nipp referenced the tables in the Draft EIR, as well as AB 32. He stated that this project should be considered significant for greenhouse gas emissions, climate change and global warming and that the City should require mitigation. He further questioned that the project will create a greenhouse gas sink and that he does not think the City should accept an EIR that has egregious errors and inaccuracies that this one has. He further commented that the judge just ruled in the Sierra Club's favor in their suit against the City of Tulare's General Plan Update, of which one issue was global warming. Mr. Nipp suggested that the City of Bakersfield does need to seriously address global warming, should accept the significance of this project's impact on climate change and should adopt mitigation measures. The public hearing is closed. Meeting Minutes of Planning Commission- March 19, 2009 Page 3 Commissioner Tragish stated that he respects Mr. Nipp's comments. He commented that he could not distinguish what the greenhouse threshold is that has to be met for this particular project and further commented that he is not sure what the existing policy is that would direct an applicant to meet these types of standards. Commissioner Tragish also commented that it appears that with regard to the air quality and the greenhouse effect, it is only addressing the area in which the project will be located and that he is not sure that it really addresses the entire impact to the rest of the city. With regard to urban decay, Commissioner Tragish commented that on page 5.13/4 reference is made to doing windshield surveys of all retail businesses and inquired what was engaged in the windshield survey. Commissioner Tragish commented as to the build out of the project and that his concern would be having addressed in the EIR and that we are in a very difficult economic situation right now, which has to be taken into consideration in an urban decay analysis, or an EIR analysis. Commissioner Tragish also commented that there does not seem to have been any numbers crunched to give credibility to potential recessions or downfalls in the economic climate and assumptions that every year it is going to increase by 2% or 4%, etc. He stated that historically it does not match up in his mind with what can happen in the future. Commissioner Tragish specifically referenced the urban decay analysis and page 5.13/12 &13 ascribing an 85% capture rate for the primary market area demand, as well as ascribe a 95% capture rate for market demand. He stated that he does not know where the preparer gets the percentages from and asked for clarification. Commissioner Tragish commented that the EIR depends a lot on phasing and inquired how the numbers are calculated in the air quality and urban decay portions. He pointed out that he did not see anything that had any kind of delineation or plan as to each year and what they would be building out, and specifically what will be built in each phase. He requested further clarification on this concern. Commissioner Tragish also referenced the urban decay section pointing out that it uses as an source of urban decay study the Townsendale Group, Inc. January 2009 study. He commented that he does not know what the basic premises are for the source and specifically are they looking to New York City to get their information to get the base, or statistical information, or are they spotting at different parts of the county. He pointed out that he believes the Central Valley is unique to a certain extent and they are effect differently than other parts of the country. Commissioner Tragish referenced the Conclusion on page 5.13.21, which reaches a conclusion about the retail aspects of the urban decay analysis. He asked for clarification on the statement therein which reads, "For purposes of this analysis, it has been assumed that the planned GAFO retail development would follow the growth in retail demand, or the retail build out of GAFO in 2024. This assumption is based on the fact consistent with industry custom that developers are rational and that retail sites are typically developed only if, and when, demand dictates. Based on this assumption it is unlikely that GAFO retail components of the proposed project will result in economic impacts to existing stores in the SRTA and therefore, it is unlikely that any existing retail stores will be forced to close due to the proposed project." Commissioner Tragish stated that this analysis does not take into consideration the present economic situation, which seems to fly in the face of that statement and further does not take into consideration, in his opinion, past history of blips in the economic situation which can contradict the analysis. Commissioner Tkac commented that there are allegedly a certain amount of greenhouse gases that are created in this report with regard to people traveling to the potential center as a destination. He asked for clarification on how this is measured because he sees it from a different standpoint in that these potential zone changes and the potential build out over many, many years would be closer to where the people are and thus there could be a reduction in these total greenhouse gases because it is actually closer to where the people are. He inquired as to what basis the numbers were arrived at stating that there are going to be a certain amount of greenhouse gases. Meeting Minutes of Planning Commission- March 19, 2009 Page 4 Commissioner Tkac addressed the issue of removing agriculture land and pointed out that the owner of the farmland has the right to do what he wants with the property and convert it to what he wants when the market hits. He pointed out that there will most likely be an equal amount of trees and old almond trees don't exchange oxygen and CO2 , as well as newer, younger trees might. He requested a closer analysis on this issue. Commissioner Tkac stated he is suspicious of the non-reversible, and mutually exclusive terms, of global warming and climate change because it is one or the other, but not both. He stated that he would like to know what this EIR is based on; climate change or global warming and see if they are mutually exclusive in the report that has been done. Commissioner McGinnis prefaced his comments by thanking staff for the provided information regarding replacement of agriculture land. He commented that he looks with scrutiny when taking productive farmland out of production and replacing it with other uses, whether it is commercial or residential. He stated he does not feel he has enough information to go forward on this with the reasonably high yield of crops coming out currently. He referenced Table 5.2-2 on page 5.2-3, with regard to agriculture crops and yields for the years 2002-2007. He stated that he cannot make 70, 10, 44, and 104 add up to 300.98 acres. Commissioner Stanley moved, seconded by Commissioner Tkac, to refer comments to Staff for preparation of a Final EIR. Motion carried by the following roll call vote: AYES: Commissioners Johnson, McGinnis, Stanley, Blockley, Tragish, Tkac, Strong 8.2 Environmental Impact Report (EIR) for the Hillside Development (HD) Combining Zone Ordinance(Bakersfield Municipal Code Chapter 17.66)(City of Bakersfield) The public hearing is opened, staff report given. Mr. Groves with RBF was the City's consultant on this project. Mr. Grove's provided his presentation. No one spoke in opposition or in favor to Staff's recommendation. The public hearing is closed. Commissioner Johnson commented that they have voted for this multiple times and it is good to see it finally moving forward. Commissioner McGinnis moved, seconded by Commissioner Blockley, to adopt a Resolution, Exhibit "A", making a CEQA finding recommending certification of the Final EIR for Amended Hillside Development, HD — Combined Zone Ordinance, Bakersfield Municipal Code Chapter 17.66, and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Johnson, McGinnis, Stanley, Blockley, Tragish, Tkac, Strong 9. COMMUNICATIONS Staff advised that the General Plan update information workshop has been scheduled for April 20, 2009 in the County Board of Supervisor's Chambers at 6:30. Appropriate notes and agenda will be forthcoming. Meeting Minutes of Planning Commission- March 19, 2009 Page 5 10. COMMISSION COMMENTS No Commissioner comments. Commissioner Johnson thanked Staff for helping to abate the graffiti on the building on Oswell across from Green Frog Shopping Center. 11. ADJOURNMENT There being no further business the meeting was adjourned at 6.28 p.m. Robin Gessner, Recording Secretary JAMES D. MOVIUS, Secretary April 8, 2009 Planning Director