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HomeMy WebLinkAbout12/18/97Council Chamber, City Hall 1. ROLL__CALL AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Thursday, December 18, 1997 5:30 p.m.. JEFFREY TKAC, Chairman ROBERT ORTIZ, Vice-Chairman STEPHEN BOYLE MICHAEL DHANENS MARTI MUNIS-KEMPER WADE TAVORN ALTERNATE: BETSY TEETER NOTE: Agendas may be amended up to 72 hours prior to the Planning Commission meeting. A final agenda may be obtained from the Planning Department 72 hours prior to the meeting. 2. PUBLIC STATEMENTS ANY PERSON WHOSE NAME APPEARS ON THE AGENDA OR WISHES TO SPEAK REGARDING A PUBLIC HEARING NEED NOT FILL OUT A SPEAKER'S CARD. ALL OTHERS WISHING TO SPEAK BEFORE THE COMMISSION MAY FILL OUT A SPEAKER'S CARD AND PRESENT IT TO THE SECRETARY PRIOR TO COMMENCEMENT OF THE MEETING. NOTICE OF RIGHT TO APPEAl Planning Commission decisions on Zone Changes, Parcel Maps and Tentative Subdivision maps are subject to appeal by any person aggrieved. No permit shall be issued for any use involved in an application until after the final acceptance date of appeal. Such appeal must be filed in writing within 10 days from date of hearing, addressed to the City Council, cio Office of the City Clerk, 1501 Truxtun Avenue, Bakersfield, CA 93301. A $330 non-refundable filing fee must be included with filing of the initial appeal for those appeals filed by the applicant or any person outside the notice area. All appeals filed on land divisions will require a $330 non-refundable filing fee. If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final. Agenda, PC, 12/18/97 3. CONSENT AGENDA ITEMS - (marked by asterisk (*) o Page 2 These items will be acted on as a group without individual staff Presentations if no member of the Planning Commission or audience wishes to comment or ask questions on a case. The items are recommended for approval by staff. The applicant has been informed of any special conditions and has signed an agreement to conditions of approval and requested to be placed on the consent agenda. If anyone wishes to discuss or testify on any of the consent items the item(s) will be taken off consent and will be considered in the order on the agenda. If not, the public hearing will be opened and the items acted on as a group. APPROVAL OF MINUTES Approval of minutes of the regular meetings held October 2, October 13, October 16, November 3, and November 6, 1997. RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL EIR FOR THE GRAND CANAL PROJECT HAS BEEN COMPLETED IN COMPLIANCE WITH CEQA, THE STATE EIR GUIDELINES AND THE CITY OF BAKERSFIELD CEQA IMPLEMENTATION PROCEDURES. (City of Bakersfield ) The Grand Canal Project is a proposed 555,000 square foot shopping center generally located between State Route 99, the Arvin- Edison Canal, South H Street and the Berkshire Road alignment. (Project applicant - Martin-Mclntosh) STAFF RECOMMENDATION: Adopt resolution making findings and recommending certification of the Final EIR to the City Council. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS, ORDINANCE AMENDMENTS, PARKS ELEMENT AMENDMENT, EIR ADEQUACY HEARING, SPHERE OF INFLUENCE AMENDMENT. la) GENERAL PLAN AMENDMENT CASE NO. P97-0133 - MARTIN MCINTOSH has proposed an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use designation from LR (Low Density Residential) on 47.03 acres and HMR (High Medium Density Residential) on 16.70 acres to GC (General Commercial) on property located between State Route 99, the Arvin- Edison Canal, South H Street and the Berkshire Road alignment. (EIR) STAFF RECOMMENDATION: Approve with conditions. Roll call vote Agenda, PC, b) 2) 3a) b) 12/18/97 Page 3 Zone Change from an R-1 (One Family Dwelling) zone to a PCD (Planned Commercial) zone to allow a 555,000 square foot shopping center on 65.73 acres located between State Route 99, the Arvin- Edison Canal, South H Street and the Berkshire Road alignment. (EIR) STAFF RECOMMENDATION: Approve with conditions. Roll call vote GENERAL PLAN AMENDMENT CASE NO. P97-0643 -- CASTLE & COOKI- CALIFORNIA, INC. has proposed an amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by changing the land use designation from OS-P (Open Space-Parks) to LR (Low Density Residential) on 6.56 acres for property located approximately 200 feet west of the Buena Vista Canal and Old River Road, between White Oak Drive and Ridge Oak Drive. (Negative Declaration on file) STAFF RECOMMENDATION: Denial Roll call vote GENERAL PLAN AMENDMENT CASE NO. P97-0655 -- REGIONAl MORTGAGE COMPANY, INC. has proposed an amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on 17.95 acres for property located at the southeast corner of Stine Road and Hosking Avenue. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Roll call vote Zone Change from R-l-CH (One Family Dwelling-Church) and R-1 (One Family Dwelling) to C-2 (Regional Commercial) on 17.95 acres for property located at the southeast corner of Stine Road and Hosking Avenue. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions. Roll call vote Agenda, PC, 12/18/97 Page 4 4a) GENERAL PLAN AMENDMENT CASE NO. P97-0656 -- VALZA CORPORATION has proposed an amendment to the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by changing the land use designation from HR (High Density Residential) to MC (Major Commercial) for property located at 2103 Castro Lane, 2107 Castro Lane and 2113 Castro Lane. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Roll call vote b) Zone Change from R-3 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial) On 1.42 acres for property located at 2103, 2107 and 2113 Castro Lane. (Negative Declaration on file) STAFF RECOMMENDATION: Approve P (Parking) Zone. Roll call vote 5) PUBLIC HEARING TO RECEIVE COMMENTS ON THE ADEQUACY OF THF 6) DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) FOR THE BUENA VISTA PROJECT AND THE KERN RIVER RANCH PROJECT. The Buena Vista Project and the Kern River Ranch Project comprise a 973.29 acre proposal to convert an agricultural designation to a wide variety of urban land use designations between the Kern River, Allen Road, Ming Avenue and Buena Vista Road. A DEIR has been prepared in accordance with the California Environmental Quality Act for this project. This hearing will be to accept testimony on the objectivity and adequacy of the DEIR consistent with the California Environmental Quality Act. (Comments will be referred to staff for response in the Final EIR). STAFF RECOMMENDATION: Receive comments and refer to staff. GENERAL PLAN AMENDMENT CASE NO. P97-0395 -- CITY OF BAKERSFIELD has proposed an amendment to (A) the Land Use Element of the Bakersfield Metropolitan 2010 General Plan by adding policies related to the use and planning of land encumbered by electrical transmission line easements with lines operating at 50,000 volts or above in cooperation with the easement holder; (B) Amendment to Parks Element Policy Number 1 and Implementation Measure Number 9.b to allow park land credit for residential developments incorporating park-like improvements within land encumbered by electrical transmission line easements; (C) Amendment to Section 15.78.030B (Habitat Conservation Plan) of Title 15 to add to list of exemptions; (D) Amendment to Section 15.80.120A (Park Land Ordinance) of Title 15 to allow credit toward the park land requirement. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Roll call vote Agenda, PC, 12/18/97 Page 5 7a) GENERAL PLAN AMENDMENT CASE NO. P97-0216 -- CITY OF BAKERSFIELD has proposed an amendment to the Metropolitan Bakersfield 2010 General Plan to incorporated land use changes and specific plan documents approved by the County of Kern referred to as the Western Rosedale, Rosedale Ranch, McAIlister Ranch, and Pacificana Specific Plans. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Roll call vote b) SPHERE OF INFLUENCE AMENDMENT 1-97 proposing an amendment to the Sphere of Influence for the City of Bakersfield to include territory East, West and South of the current Sphere of Influence line to be coterminous with the boundary of the Metropolitan Bakersfield 2010 General Plan excepting therefrom the community of Lamont. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Roll call vote 7. PUBLIC HEARING -- PREZONING Prezoning No. P97-0743 -- Proposed amendment to Title 17 of the Bakersfield Municipal Code by prezoning those properties within the City of Bakersfield's Sphere of Influence boundary that have not been previously prezoned. The prezoning will acknowledge the existing County's zoning designations with similar city zoning designations from County A, A-l, E, R-l, R-2, R-3, E(1/4), E(%), E(1), E(2%), E(5), E(10), E(¼)RS, E(%)RS, E(1)RS, E(2%)RS, E(5)RS, E(10)RS, MP, MS, CO, C-1, C-2, CH, M-I, M-2, M-3, RF, OS, NR, DI, FPP, SP, PL, RS, PE, PD, FP and FPS zones to the City R-l, R-2, R-3, R-4, RH, RS, E, C-O, C-1, C-2, M-l, M-2, M-3, A, OS, FP-P, FP- S, TT, MH, RS-lA, RS-2.5A, RS-5A, RS-10A and A-20A, or more restrictive zones for unincorporated county area in the Metropolitan Bakersfield area within the City of Bakersfield's Sphere of Influence boundary. (Negative Declaration on file) STAFF RECOMMENDATION: Approve Roll call vote 8. GENERAL PLAN CONSISTENCY FINDING (Government Code Section 65402) General plan consistency finding pursuant to Government Code Section 65402 for proposed vacation of 20 foot wide alley connecting 22nd and 23rd Streets between "H" Street and Eye Street (City Block 164). (Categorically exempt) STAFF RECOMMENDATION: Make finding subject to satisfactory relocation of and/or easement reservation for affected utilities. Group vote Agenda, PC, 12/18/97 9. COMMUNICATION.'::; Page 6 A) Written B) Verbal 10. COMMISSION COMMENTS A. Committees 11. DISCUSSION AND POSSIBLE ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING 12. 13. December 15, 1997 DISCUSSION OF THE CONCEPTUAL PLAN FOR A MOVIE THEATER COMPLEX LOCATED ON THE OLD SUMP SITE AT THE SOUTHWEST CORNER OF VALLEY PLAZA SHOPPING CENTER COMPLEX ADJOURNMENT Planning Director MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, December 18, 1997, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. 1. ROLL CALL COMMISSIONERS: Present: JEFFREY TKAC, Chairperson ROBERT ORTIZ, Vice Chairperson STEPHEN BOYLE MICHAEL DHANENS MARTI MUNIS-KEMPER BETSY TEETER WADE TAVORN ADVISORY MEMBERS: STAFF: PUBLIC STATEMENT,~ Present: Present: CARL HERNANDEZ, Deputy City Attorney DENNIS FIDLER, Building Director JACK LaROCHELLE, Engineering Services Manager STANLEY GRADY, Planning Director JIM MOVlUS, Principal Planner MARC GAUTHIER, Principal Planner LAURIE DAVIS, Recording Secretary Ms. Mary Brown asked for an explanation of the General Plan, and expressed concern over the ratio of residential development to commercial. Mr. Clay Suskin expressed concern about Valley Plaza's Pacific Theater project, referring to a site plan and zoning change to be reviewed later in this meeting. Mr. Suskin urged approval of the site plan and zoning change. Mr. Arthur Doland also expressed support of the Valley Plaza Pacific Theater project. Commissioners Tavorn and Teeter stated that although they had not been present for the December 15, 1997 meeting, they had listened to the tape and would be participating at this meeting. Minutes, PC, 12/18/97 3. CONSENT AGENDA ITEM-~ None. Page 2 APPROVAL OF MINUTES A motion Was made by Commissioner Ortiz, seconded by Commissioner Boyle, to approve the minutes of the regular meetings held October 2, October 13, .... October 16, November 3,-and November 6, 1997-. Motion carried. RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL EIR FOR THE GRAND CANAL PROJECT HAS BEEN COMPLFTED IN COMPLIANCE WITH CEO. A, THE STATE EIR GUIDELINES AND THE CITY OF BAKERSFIELD CEQA IMPLEMENTATIO~I PROCEDURES (CITY OF BAKERSFIELD) Staff report was given. Ms. Melanie Smith gave an overview of the final EIR. Mr. Roger Mclntosh of Martin-Mclntosh gave an analysis and graphic presentation of the traffic impact issue. Commissioner Kemper asked if the traffic analysis included projected commercial and residential growth in the area; Mr. Mclntosh replied that'it did. Mr. Arthur Doland stressed the certainty that no subsidies were being provided to the developer. Commissioner Boyle referred to current development on Colony Street, asking if making a left turn out of the parking lot from Home Base would be difficult. Mr. Mclntosh stated that Colony Street was projected to have a proposed median across the canal and into the site to facilitate traffic flow, but that it might be appropriate to address this issue in the mitigation measures. Mr. LaRochelle added that the operation of the signal at Panama Lane would provide sufficient adequate openings. Mr. Boyle also asked if the additional proposed future left turn lane in the southbound off ramp of Highway 99 turning onto Panama would be funded by Cai Trans. Mr. LaRochelle stated that it probably would be funded by the City. Mr. Mclntosh added that cost mitigation for this additional lane had been included in the project. Minutes, PC, 12/18/97 Page 3 Commissioner Dhanens referred to mitigation measures, and asked if they would be installed prior to the granting of the certificate of occupancy. Mr. Mclntosh replied that the measures would be put in by the applicant prior to occupancy. Mr. Dhanens also asked if the homes on the south side of Berkshire Road would have a masonry wall separating them from Berkshire Road with a waiver of access. Mr. Mclntosh stated that double-fronted lots would, side yard's would have a return and a wall. Mr. Dhanens also referred to land use compatibility, and expressed concern over a commercial property to the south, in conjunction with this project, with respect to it perhaps posing a problem in the land use policy against a strip commercial atmosPhere. Mr. Grady stated that staff had considered this issue, explained the different functions of the two parcels, and that no land use conflict had been noted. CommissiOner Tavorn asked if the project would be an outlet as he originally understood, or a mall, and expressed concern that traffic impacts would be considerable depending on the ultimate designation of the project. Mr. Mclntosh referred to his traffic analysis and stated that though the project is categorized as an outlet, the study reflected higher numbers characteristic of a mall. Mr. Tavorn also asked if funding for mitigation measures was available; Mr. LaRochelle stated that he was confident the necessary dollars could be obtained when required. Commissioner Boyle referred to the economic study and the estimate of anticipated revenue (70%) from outside the city limits, an area whose radius was undefined; he felt the numbers in the EIR and economic analysis were inconsistent. Ms. Smith Stated that economics was not a direct environmental issue as it relates to the CEQA requirements. Mr. Boyle referred to vacancy percentages of other malls and expressed concern over possible blight in terms of additional vacancies along the major metropolitan areas. Mr. Grady referred to the economic analysis, stating that the issue of potential blight had been addressed. Mr. Boyle stated that he had met with the applicant, and felt the EIR was adequate and that he would support its approval.' Chairman Tkac disclosed that he had also met with the applicant and his representatives. Commissioner Dhanens stated that he had reviewed the information regarding the berm and six-foot wall and would be prepared to approve the EIR with an amendment deleting the wall requirement. Commissioner Ortiz disagreed, and stated that both should be included. Minutes, PC, 12/18/97 Page 4 A motion was made by Commissioner Dhanens, seconded by Commissioner Boyle, to adopt the resolution making findings and recommending certification of the final EIR for the Grand Canal project to the City Council with the revision that the mitigation described in Section 5.4-2a, second paragraph, shall read, "a three-foot high landscape earthen berm along the edge of the parking lot on the site's southern boundary." Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES:. None 6.1 a&b PUBLIC HEARING --GENERAL PLAN AMENDMENT/ZONE CHANGE P97 0133 Staff-report was given recommending approval with conditions. The public portion of this item was opened. Mr. Arthur Unger of the Sierra Club expressed concern over excessive water evaporation from the canal. He also addressed the issue of potential urban sprawl. Mr. Herman Ruddelll read a statement from the Downtown Business Association approving the 2010 Plan, and expressing concern over changes to the Plan which include the Grand Canal project. Mr. Rydell submitted written comments to the Clerk so that they may become part of the record. Mr. David Milazzo expressed support for the project, stating that a healthy community fosters attractive and unique developments that encourage proper growth, referring to other projects in the city that had enhanced the quality of life, including the Mesa Marin race track and downtown arena currently under construction. Ms. Mary Shell expressed her enthusiasm for the project, and stated that this develOpment would enhance the appearance of the southern approach to Bakersfield. Mr. Greg Whitney, President of the Kern Economic Development Corporation, expressed his support for the project, that it would create new jobs and encourage economic health as well as representing an added amenity to the community. Minutes, PC, 12/18/97 Page 5 Ms. Darlena Alvidas, a small business owner, also expressed support for the project. Mr. Roger Mclntosh, Martin-Mclntosh Engineering, representing Daystar Development, reiterated that there were no subsidies involved in the project. also addressed the water evaporation rate, mitigation measures for glare and security, and roadway improvements. He Mr. Yehuda Netanel gave a short visual presentation of the project. The public portion of this item was closed. Commissioner Kemper expressed concern over the future traffic flows that might be diverted to H Street or Stine and Panama, and recommended a future overpass over Hoskings or Berkshire. She indicated that she would support the plan amendment. Commissioner Boyle asked staff if any proposed modifications would have to be presented to the Commission for approval; Mr. Grady replied that they would. Mr. Boyle also asked if the revised General Plan designation would remain until an application was made to change it to something else; Mr. Grady replied that it would. Mr. Boyle again expressed concern over potential sprawl, felt this would be a unique improvement to the community, and indicated he would approve the project. Commissioner Dhanens asked if it would not be in the best interests of the community that Berkshire Road be dedicated to collector standards for future development. Staff replied that this was taken into account, that the proposed lane designations were adequate to handle anticipated traffic. Mr. Dhanens also suggested that angled parking stalls might facilitate inner traffic better than 90- degree stalls as presently designed. Mr. Mclntosh replied that a number of alternatives had been reviewed, and that the 90-deg_ree stalls seemed to be the most efficient design to handle circulation within the parking lot. Mr. Dhanens suggested a correction in the conditions of approval for site review, Exhibit 5, Condition 5, regarding the parking lot lighting referring to light fixtures being located 15-40 feet above grade, which conflicts with the mitigation measure requirement of no higher than 30 feet. Commissioner Kemper indicated her support for diagonal versus perpendicular parking spaces. Minutes, PC, 12/18/97 Page 6 Commissioner Boyle agreed that diagonal parking spaces are easier to access, and asked what loss would be incurred if the design were changed from perpendicular. Mr. Natanele replied that a substantial number of stalls would be sacrificed. Mr. Mclntosh indicated that the current design was overparked by about 130' stalls, but could not give a specific number that would be lost by a design change to diagonal. Chairman Tkac indicated his support for the project. Commissioner Teeter expressed her support for the project. A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz, to adopt the resolution making findings and approving the General Plan amendment for the Grand Canal project including conditions of approval and recommending same to the City Council with the following changes: on Exhibit 5, A conditiOns, Condition 5, is changed to read 30 feet instead of 40 feet on the poles; on Exhibit 10, Item 5.4-2a, that the 3-foot high wall on the berm is consistent with the EIR; and including a recommendation that the City Council be given an example of diagonal as an alternative to perpendicular parking stalls. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz, to adopt the resolution making findings and approving the concurrent zone change for the Grand Canal project including conditions of approval and recommend the same to the City Council as in attached resolution, Exhibit B, with the same modifications for the prior motion. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None Minutes, PC, 12/18/97 6.2 PUBLIC HEARING -- GENERAL PLAN AMENDMENT P97-0643 Page No staff report.was given. 6.3 a&b) A motion was made by Commissioner Ortiz to defer this item to March 1998, seconded by Commissioner Teeter. Motion carried. PUBLIC HEARING --GENERAL PLAN AMENDMENT/ZONE CHANGE P97 0655 Staff report was given recommending approval with conditions. The public portion of this item was opened. Mr. Dan Shannon, Assistant Principal of Ridgeview High School, expressed opposition to the proposed rezoning, and presented written arguments by the administration at Ridgeview regarding the proximity of commercial property to educational facilities. Commissioner Ortiz asked if Ridgeview was an open or closed campus; Mr. Shannon replied it was a closed campus to 9th and 10th graders, open to 11th and 12th graders. Mr. Ortiz asked if Ridgeview was currently experiencing attendance problems; Mr. Shannon replied that they were not. Commissioner Tavorn expressed empathy for Mr. Shannon's concerns over students being attracted to nearby commercial establishments. Mr. Tavorn asked if Mr. Shannon had spoken to the developer to determine what tenants would be occupying the property; Mr. Shannon replied that the developer had not been contacted. Mr. Tom Teagarden with Karpe Real Estate, representing Regional Mortgage, stated that they have read the staff report and conditions and accept the same as presented. The public portion of this item was closed. Commissioner Boyle commented that the problem of proximity of commercial facilities to high schools is an issue that is not addressed in the General Plan, though he agreed an inherent conflict exists. Mr. Boyle asked for clarification from staff that the project could not be denied on such grounds; staff replied that approval was at the discretion of the Commission. Mr. Boyle expressed concern over this matter, and suggested that either a closer look be taken of this item or mitigation measures considered. 7 Minutes, PC, 12/18/97 Page 8 Commissioner Teeter asked if it had been determined what type of commercial tenants would occupy the development. Mr. Teagarden replied that it had not. Ms. Teeter also expressed concern over the proximity of the proposed development to the high school. Commissioner Tavorn asked Mr. Shannon where the proposed athletic complex would be built at Ridgeview High School. Mr. Shannon replied that it would be built in the northWest corner of the school property. Mr. Tavorn asked Mr. LaRochelle if traffic increased substantially in those areas on nights when the school had athletic activities in operation. Mr. LaRochelle replied that considerable problems occurred on Hageman Road near Centennial High School, enough to require implementation of control measures such as traffic signals. Mr. Tavorn expressed his support for Mr. Shannon's concerns. Commissioner Kemper expressed her support for the project, stating that traffic. and truancy are problems that will exist regardless of surrounding commercial enterprises. Commissioner Dhanens asked for a copy of a memo from the Public Works Department referenced in Mr. Gauthier's staff report, and asked Mr. LaRochelle to summarize. Commissioner Dhanens suggested some sort of mitigation measure, such as a security guard, to alleviate some of the concerns. Without such a measure, Mr. Dhanens feels that the proposed rezoning borders on land use incompatibility. Commissioner Kemper asked staff to comment on the issue of land use incompatibility. Mr. Grady referred Ms. Kemper to the staff report and the comments therein, and stated that there were no General Plan policies that address this particular situation. He stated the option exists for the land use change to be approved with the requirement that it be approved with a P.C.D. zone allowing for more regulation over the design and potential users of the site. Commissioner Boyle asked what would be required to designate the development as a PCD. Mr. Grady replied that as part of the land use change the Commission would add the condition that the property be developed as a PCD, which would require review of tenant mix and uses of the satellite pads. Mr. Boyle asked the applicant's representative to respond to such a suggestion; Mr. Teagarden replied that while the applicant would prefer a C-2 zone change, a PCD designation would not be objectionable. Chairman Tkac stated that the issue was a sensitive one, and that dialogue between the high school and the City might be useful in this situation. Minutes, .PC, 12/18/97 Page A motion was made by Commissioner Boyle, seconded by Commissioner Kemper, to adopt the resolution approving and adopting the mitigated negative declaration, and approving the requested General Plan Amendment with the findings and conditions as presented in the attached and recommend the same to the City Council with the following additions: the memorandum of Jack LaRochelle dated December 18, 1997 and the additional condition that it be a planned commercial development. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None A motion was made by Commissioner Boyle, seconded by Commissioner Kemper, to deny the requested zone change to C-2 and recommend the same to the City Council. Motion carried'by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None 6.4 a&b) PUBLIC HEARING -- GENERAL PLAN AMENDMENT P97-0656 AND DISCUSSION OF cONCEPTUAL PLAN FOR A MOVIE THEATER COMPLEX LOCAI t::E) ON THE OLD SUMP SITE AT THE SOUTHWEST CORNER OF VALLEY PLAZA SHOPPING CENTER COMPLEX Staff report was given recommending approval. Mr. Tom Falgatter, representing the Valza Corporation, reiterated that although the property is currently zoned commercial and no public hearing would be necessary in order to build the theater, the owner received some input from concerned residents which resulted in the revised site plan proposed on this item. The public hearing portion of this item was opened. Mr. Bill Slocumb referred to a letter he had requested be distributed to the Commissioners, stating that he wished the letter to become part of the official record of this proceeding. Emphasizing traffic impacts, the letter recommended that agenda items 4a and 4b be sent back to staff to bring the project into compliance with CEQA requirements. Minutes, PC, 12/18/97 Page 10 Mr. Fallgatter indicated that the project as a whole would be reviewed before submitting the project before the Board of Zoning Adjustment, that the developer was not attempting to evade the CEQA process nor the cumulative impacts of the project. He expressed confidence that the project would be in full compliance with CEQA regulations. The public hearing portion of this item was closed. Commissioner. Dhanens asked staff if the project as it stands has adequate parking. Staff replied that it did. Mr. Dhanens also asked if the site plan review of the project has complied with CEQA requirements; staff replied that the City -site plan review is monitored by the Superior Court, and the court agrees with the current City process. The Board of Zoning Adjustment is designated to hear site plan reviews including a public forum, and to make environmental determinations on same. Commissioner Boyle indicated his support of the project. A motion was made by Commissioner Dhanens, seconded by Commissioner Tavorn, to adopt the resolution approving and adopting the mitigated negative declaration and approving the requested plan amendment with findings and conditions as presented (see Exhibit E), and recommend same to the City Council. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None A motion was made by Commissioner Dhanens, seconded by Commissioner Teeter, disapproving the proposed zOne change to C-2, Regional Commercial, and recOmmend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None Minutes, PC, 12/18/97 Page 11 A motion.was made by Commissioner Dhanens, seconded by Commissioner Teeter, to adopt the resolution approving and adopting staff recommended P zoning, with findings and conditions as presented in said resolution (see Exhibit E) and recommend same to the City Council. Motion carried by the following roll call vote: 6.5) AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None Regarding the site plan, Commissioner Dhanens noted that the distance behind the sidewalk on Castro Lane was dimensioned; he recommended that it should be a minimum of eight feet to comply with collector street standards for landscaping in front of a block wall. A motion was made by Commissioner Boyle, Seconded by Commissioner Kemper, to send the site plan to the City Council for hearing on January 14, 1998. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None PUBLIC HEARING TO RECEIVE COMMENTS ON THE ADEQUACY OF THF DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) FOR THE BUENA VISTA PROJEC'T AND THE KERN RIVER RANCH PROJECT Staff report was given recommending comments be received and referred to staff. Mr. Terence Smith gave an overview of the DEIR. Mr. Dennis Fox discussed the designation change and mitigations for this area north of the canal,, and questioned whether it was subject to the scope of the Kern River element, what area was subject to the control of either local planning or of other Federal and State agencies, and whether it would be a subject of riparian controls or benefits. He also questioned whether water infiltration was being encouraged or discouraged because of impacts to either the river Or the water table, and touched on the subject of wildlife, traffic, and vegetation impacts. Minutes, PC, 12/18/97 Page 12 Mr. Bob Hampton, Kern County High School District Board of Trustees, indicated his support of the zoning change on this item. Mr. Ken Hersh, though indicating his support of the zone change, expressed concerns about adequate traffic mitigation. He also stated that EIRs, especially in regards to traffic, should have a regional rather than a project basis. Commissioner Boyle noted that the project would be completed over a ten to twenty-year' period, and questioned why a general plan-amendment was being presented at this time. He also pointed out that the current project objectives did not include parks, open space, or recreational areas. Commissioner Kemper agreed with Commissioner BOyle, and recommended that allowances for parks be identified at this time, including small neighborhood parks and a park area that runs adjacent to the south side of the Kern River between Stockdale Highway and the Kern River overcrossing. Ms. Kemper also asked staff to clarify the status of the deletion of the beltway; Mr. LaRochelle stated that the beltway was to be moved at some time in the future, not deleted. Ms. Kemper also agreed with Mr. Hersh's comments about proper traffic planning. Commissioner Dhanens asked for clarification on certain zone designations within the site plan and their compatibility with the Kern River element, and asked for discussion regarding the bikeway along the river and how it would interface with this project. Mr. Dhanens also agreed with Mr. Boyle and Ms. Kemper that allowances for parks should be incorporated into the site plan. Commissioner Boyle questioned staff regarding minimum park fees and whether as part of the general plan amendment the Commission could request more than the minimum standards. Staff replied that this was incorrect; that the Commission was governed by the standard in the 2010 Plan. Commissioner Tavorn addressed the issue of public health and safety, including removal of pesticides and fungicides, and flood potential and control including the height of proposed levees, and mitigation of traffic impacts. Comments were referred to staff. 'Minutes, PC, 12/18/97 Page 13 6.6) pUBLIC HEARING -- GENERAL PLAN AMENDMENT P97-0395 Staff report was given recommending approval. The public hearing portion of this item was opened; no one spoke in opposition. The public hearing portion of this item was closed. Commissioner Dhanens asked staff if it would be appropriate to add language to' the proposed amendment to BMC Section 15.80.120 citing that the development of the subject areas, including open space and park-like improvements, need to be reviewed and approved by the utility companies responsible for the electrical transmission. Staff replied that utility companies review these items since they occur at the subdivision stage. A motion was made by Commissioner Dhanens, seconded by Commissioner Teeter, to approve and adopt the negative declaration and to approve the amendment to the land use and parks elements with findings set forth in the resolution (Exhibit A) and recommend same to the City Council. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None A motion was made by Commissioner Dhanens, seconded by Commissioner Teeter, to approve and adopt the negative declaration and to approve the amendment to Title 15 with findings set forth in the resolution (Exhibit B) and recommend same to the City Council. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None Minutes, PC, 12/18/97 Page 6.7 a&b pUBLIC HEARING -- GENERAL PLAN AMENDMENT P97-0216 AND SPHERE OF INFLUENCE AMENDMENT 1-97 Commissioner Boyle declared a conflict of interest on this item. Staff report was given recommending approval. Commissioner Dhanens reported that in response to a request from the City of Shafter, the proposed amendment line has been moved to 7th Standard Road. The public hearing portion of this item was opened. Mr. Ty Stillman, representing Enron Oil and Gas Company, submitted maps for Commission review reflecting oil and gas wells within or near the sphere of influence in question. Mr. Stillman expressed concern over changes in the regulatory environment that could significantly effect Enron's ability to conduct their business. Ms. Teri Bjorn, an attorney with Clifford and Brown, addressed the significant investment Enron has in Kern County and the importance of the drill by right provisions contained in the Kern County and the Shafter ordinances as well as agreements Enron has negotiated with surface developers whose projects are · encroaching into the oil and gas fields. Ms. Bjorn requested that in the Commission's recommendation to the City Council, that the zoning ordinance (Item 7) will be considered concurrently with the sphere of influence expansion action, and that the condition of approval (adoption of an ordinance allowing oil extraction in agricultural or industrial areas by right) specifically reference adoption of the D.I. and P.E. zone. Ms. Bjorn also requested that the condition of approval specifically reference the ordinance 'which is the same as the County ordinance, and that this condition of approval also apply not only to prezoning the existing sphere of influence areas, but to the expansion areas as well. Mr. Dave Russell, engineer for Land Aid, representing the McAIlister Ranch project, noted that the developer's desire not to be annexed to the City of Bakersfield has been communicated to City staff, and that extending the City's sphere of influence will interfere with the development of this project by assuming that the City would provide urban services when in reality the developer does not intend to annex. Mr. Russell requested that the sphere of influence line for the west area of the sphere of influence study be limited to the areas which are anticipated to request annexation in the foreseeable future. 14 Minutes, PC, 12/18/97 Page 15 Mr. Jim Manley, an owner of McAIlister Ranch, also expressed his opposition to this item. The public hearing portion of this item was closed. Commissioner Dhanens referred to Page 10, Item 9, Section F-1 of the staff report, which states that it is the policy of the Commission that no special service district or areas will be formed within the sphere of influence of City unless -legislative action declares it cannot service the area. He asked if a conflict would arise if the applicant wished to create their own special district. Staff replied that the conflict would be with LAFCO's policy and authority, that LAFCO wishes to have consolidated services rather than those provided by a number of small districts. Mr. Dhanens referred to the 2010 Plan definition of the City S.O.I. boundary, asking if an extension of the boundary would imply an ultimate physical boundary of the City. Staff replied that it would establish the urban planning area for metropolitan Bakersfield. Mr. Dhanens asked if action on this item should be delayed until after the ordinances discussed by Ms. Bjorn were in place. Staff replied that a delay would not be necessary; the S.O.I. recommendation sent to the Council will be subjeCt to further hearings and action. Commissioner Kemper recommended exclusion of McAIlister Ranch from the sphere of influence extension and include the recommendations made by the Enron representative. Commissioner Teeter asked if comments had been received from other developers on this issue, such as Rosedale Ranch, and whether they had expressed the same concerns. Staff replied that none had been received. Commissioner Dhanens suggested that the sphere of influence line align with the Kern River north or south of a section known as Pioneer Ranch. Commissioner Tavorn referred to a requirement of buffer zones of compatible use adjacent to mineral resource zones, commenting that a similar requirement might be implemented for agricultural land. Staff replied that there are provisions for setbacks for residential developments adjacent to agricultural zones. Minutes, PC, 12/18/97 Page 16 A motion was made by Commissioner Dhanens, seconded by Commissioner Teeter, to adopt the resolution approving the negative declaration and making findings presented in the staff report, and approving General Plan Amendment P97-0216 subject to LAFCO approval of sphere of influence amendment 1-97 and recommend the same to the City Council, with the following modifications: _ inclusion of the December 18, 1997 memorandum to the Planning Commission from Stanley Grady; that the D.I. and P.E. zones be referenced in addition to agricultural and industrial; that the proposed ordinance is attached-for reference; and that the proposed ordinance is considered by the City Council concurrently with the General Plan Amendment; that McAIlister Ranch and Pacificana -specific plans be excluded. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None A motion was made by Commissioner Dhanens, seconded by Commissioner Teeter, to adopt the resolution making findings presented in the staff report approving the negative declaration and approving the sphere of influence amendment 1-97 and recommend the same to the City Council, with the modifications as stated in the previous motion. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None PUBLIC HEARING - PRF7ONING P97-0743. PROPOSED AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE BY PREZONING THOSE PROPERTIES,WITHIN THE CITY OF BAKERSFIELD'S SPHERE O1' INFLUENCE BOUNDARY THAT HAVE NOT BEEN PREVIOUSLY PREZONED. Staff report was given recommending approval. The public hearing portion of this item was opened. Ms. Terry Bjorn, Clifford and Brown, representing Enron Oil and Gas, reiterated her comments as stated on the previous items. The public hearing portion of this item was closed. Minutes, PC, 12/18/97 Page Commissioner Dhanens asked Ms. Bjorn if the language added by staff in the referenced memorandum was suitable in terms of amending the motion; Ms. Bjorn replied that it was. 17 A motion was made by Commissioner Kemper, seconded by Commissioner Tavorn to adopt the resolution making findings, approving the negative declaration and approving the requested prezoning P97-0743 from the County to the City: R-l, R-2, R-3, R-4, RH, RS, E, C-0, C-1, C-2, M-l, M-2, M-3, A, OS, · FP-P,FP-S,-TT, MH, RS-lA, RS-2.5A, RS-5A, RS-10A, and A-20A, as shown on the attached map located within the unincorporated County area in the Metropolitan Bakersfield area within the City of Bakersfield's Sphere of Influence boundary, incorporating the memorandum to the Commission from Stanley Grady dated December 18, 1997; to create a drilling island zone and petroleum extraction zone to be fashioned after the existing zones in Kern County, and reference same to the ordinance proposed by Teri Bjorn of Clifford Brown. Motion carried bythe following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Tavorn, Teeter, Ortiz, Tkac NOES: None 8. GENERAL PLAN CONSISTENCY FINDING FOR PROPOSED VACATION OF 20-FOOT WIDE ALLEY CONNECTING 22ND AND 23RD STREETS BETWEEN H STREET AND EYE STREET (CITY BLOCK 164). Staff report was given recommending finding be made subject to satisfactory relocation of and/or easement reservation for affected utilities. A motion was made by Commissioner Kemper, seconded by Commissioner Ortiz, to make a finding pursuant to Government Code Section.65402 that the proposed vacation of the 20-foot-wide public alley in City Block 164 is consistent with the Metropolitan Bakersfield 2010 General Plan. Motion carried. COMMUNICATIONS None Minutes, PC, 12/18/97 Page 18 10. COMMISSION COMMENTS Commissioner Dhanens referred to the traffic studies on the Grand Canal project, and asked if it were wise for the City to work with applicants who act as their own traffic engineers, that if staff perceived this trend as a source of conflict. Staff replied that it did not. 11. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE-MEETING The pre-meeting scheduled for January 12, 1998 was not canceled. 12. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 11:35 p.m. Laurie Davis Recording Secretary Planning Director