HomeMy WebLinkAbout03/19/98 AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber City Hall
1. ROLL CALL
ALTERNATE:
Thursday, March 19, 1998
5:30 p.m.
JEFFREY TKAC, Chairman
ROBERT ORTIZ, Vice-Chairman
STEPHEN BOYLE
MICHAEL DHANENS
MARTI MUNIS-KEMPER
WADE TAVORN
BETSY TEETER
NOTE: Agendas may be amended up to 72 hours prior to the Planning Commission meeting.
final agenda may b:e obtained from the Planning Department 72 hours prior to the meeting.
2. PUBLIC sTATEMENTS
A
ANY PERSON WHOSE NAME APPEARS ON THE AGENDA OR WISHES TO SPEAK
REGARDING A PUBLIC HEARING NEED NOT FILL OUTA 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, c/o 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appeals are withdrawn prior to the City Council hearing, it will not be conducted and the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withdrawn, the action of the Planning Commission shall become final.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, 3~19/98
3. CONSENT'AGENDA ITEMS - (marked by asterisk (*)
Page 2
1) Agenda Item #5.1 - Tentative Tract 5478
2)
Agenda Item #5.2 - Tentative Tract 5479
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 PuNic hearing will be opened and the items acted on as a group.
APPRovAL OF MINUTES
Approval of, minutes of the regular meetings held December 18, 1997, and January 15,
1998.
PUBLIC HEARING - EXTENSIONS OF TIMF
1)
2)
TENTATIVE TRACT 5478 (Porter-Robertson Engineering)
Generally located west of Coffee Road, north of Hageman Road, at the eastern
extension of Southshore Drive. (Categorically exempt)
STAFF RECOMMENDATION: Approve with conditions.
GroUp vote
TENTATIVE TRACT 5479 (SmithTech for Coleman Homes)
Generally located on the north side of Northshore Drive, east of Riverlakes Drive.
(Categorically exempt)
STAFF RECOMMENDATION: Approve with conditions.
Group vote
Agenda, PC, 3/19/98
6. PUBLIC HEARING- TENTATIVE TRACT
Page 3
REVISED VESTING TENTATIVE TRACT #5848 (Martin-Mclntosh)
Located on the southeast corner of Old River Road and CampUs Park 'Drive. Consisting
of 195 residential lots on 50 acres, zoned R-2 (Limited Multiple Family Residential) and.
a waiver of mineral rights owner's signature pursuant to BMC Section 16.20.060 B.1.
STAFF RECOMMENDATION: Approve with conditions.
Group vote
_.RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY
COUNCIL CERTIFY THE FINAL EIR FOR THE KERN RIVER RANCH/BUENA VISTA
ROAD PROJECT HAS BEEN COMPLETED IN COMPLIANCE WITH CEQA, THF
STATE EIR GUIDELINES AND THE CITY OF BAKERSFIELD CEQA
IMPLEMENTATION PROCEDURES. (CITY OF BAKERSFIELD)
STAFF RECOMMENDATION: Adopt Resolution.
Roll call vote
PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, CONCURRENT ZONF
CHANGES AND RIVERLAKES RANCH SPECIFIC PLAN AMENDMENT
la) GENERAL PLAN AMENDMENT CASE NO. P96-0074 - CAROSELLA
PROPERTIES has proposed an amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan by changing the land use
designation from RIA (Resource Intensive Agriculture) to LR (Low Density
Residential) on 267.41 acres, to GC (General Commercial) on 13.04 acres, and
from HR (High Density Residential) to LR (Low Density Residential) on 1.47
acres for property located south of the Kern River and Stockdale Highway, north
of the Kern River Canal, west of Buena Vista Road and east of the southerly
extension of Allen Road. (EIR)
CircUlation Element Amendment consisting of deleting the west Beltway
Freeway alignment which transverses the subject site in a north-south
orientation, and the adoption of collector alignments. (EIR)
STAFF RECOMMENDATION: Approve with conditions.
Roll call vote
Agenda, PC, 3/1 9/918
Page 4
b)
Kern River Plan Element Amendment consisting of changes from 8.1 (Intensive
Agriculture) to Map Code 5.35 (Residential, maximum 7.25 units per acre) on
267.:41 acres, and to 6.2 (General Commercial) on 13.04 acres for property
located south of the Kern River and Stockdale Highway, north of the Kern River
Canal, west of Buena Vista Road and east of the southerly extension of Allen
Road. (EIR)
STAFF RECOMMENDATION:
Approve with conditions.
c)
2a)
Roll cail Vote
!.
zone Change/Ordinance Amendment consisting of changing the existing zoning
district from A-20A (Agriculture twenty-acre minimum lot size) to R-1 (One Family
Dwelling) on 267.41 acres, and to C-2 (Regional Commercial) on 13.04 acres for
'property located south of the Kern River and Stockdale Highway, north of the
Kern River Canal, west of Buena Vista Road and east of the southerly extension
of Allen Road. (EIR)
STAFF RECOMMENDATION: Approve with conditions.
Roll call vote :
GENERAL PLAN AMENDMENT CASE NO. P96-0589 - CASTLE AND COOKE
CALIFORNIA, INC. has proposed an amendment to the Land Use Element of
the Bakersfield Metropolitan 2010 General Plan by changing the land use
des!gnation from R-IA (Resource Intensive Agriculture) to LR (Low Density
Residential) on 412.50 acres, to LMR (Low Medium Density) on 198.07 acres, to
HMR (High' Medium Density Residential) on 44.62 acres, and to GC (General
commercial) on 36.18 acres for property generally located between the Kern
River Canal, White Lane (extended), Buena Vista Road and Allen Road
(extended). (EIR)
Circulation Element Amendment consisting of deleting the West Beltway
Freeway alignment which transverses the subject site in a north-south
orientation, deletion of adopted north-south and east-west collector alignments,
and the realignment of such collectors. (EIR)
STAFF RECOMMENDATION: Approve with conditions.
Roll call vote
Agenda, PC,
b)
3a)
b)
4a)
3/19/98 Page 5
zone Change/Ordinance Amendment consisting of changing the existing zoning
district from A-20A (Agriculture twenty-acre minimum lot size) to R-1 (One Family
Dwelling) 412.50 acres, to R-2 (Limited Multiple Family Dwelling) on 242.69
acres, and to C-2 (Regional Commercial). on 36.18 acres for property generally
located between the Kern River Canal, White Lane (extended), Buena Vista
Road and Allen Road (extended). (EIR)
STAFF RECOMMENDATION: Approve with conditions.
Roll call vote
GENERAL PLAN AMENDMENT CASE NO. P97-0888 - WESTRUST ASSET
MANAGEMENT, INC. has proposed an amendment to the Land Use Element of
the Bakersfield Metropolitan 2010 General Plan by changing the land use
designation from Pbblic/Private School to General 'Commercial on 1.76 acres for
property located north of Stoct~dale Highway approximately 1,000 feet west of
California Avenue. (Negative Declaration on file)
STAFF RECOMMENDATION: Approve with conditions.
Roll' call vote
Zone Change from R-1 (One Family Dwelling)'and P.C.D. (Planned Commercial
Development) to C-2 (Regional Commercial) and P.C.D. (Planned Commercial
Development) on 6.15 acres for property located on the north side of Stockdale
Highway approximately 1,000 feet west of California Avenue. (Negative
Declaration on file)
STAFF RECOMMENDATION: Approve with conditions.
Roll call vote
GENERAL PLAN AMENDMENT CASE NO. P97-0892 - MICHAEL DHANEN?,
has Proposed an amendment to the Land Use Element of the Bakersfield
MetrOpolitan 2010 General Plan by changing the land use designations from OS-
P (Parks), LR (Low Density Resident a ), SR (Suburban Resident al), LMR (Low
Medium Density Residential), OC (Office Commercial) and GC (General
Commercial) to OS-P (Parks), LR (Low Density Residential), LMR (Low Medium
Density Residential), HMR (High Medium Density Residential) and GC (General
Commercial) for property located south of Norris Road, north of Rosedale
HighWay between Calloway Drive and Fruitvale Avenue.
:
CircUlation Element Amendment to delete the collector - alternate designation for
the Riverlakes Drive alignment north of Olive Drive, south of Norris Road,
between Calloway Drive and Fruitvale Avenue. (Negative Declaration on file)
STAFF RECOMMENDATION: Approve with conditions.
Roll call vote
Agenda, PC,
b)
c)
5a)
3/19/98 Page 6
Zone change from R-1 (One Family Dwelling), R-2 (Limited Multiple Family
Dwelling), OS (Open Space) and C-1 (Neighborhood Commercial) to OS (Open
Space), R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling) and
C-11 (Neighborhood Commercial) or more restrictive zones for property located
south of Norris Road, north of Rosedale Highway between Calloway Drive and
Fruitvale Avenue. (Negative Declaration on file)
STAFF RECOMMENDATION:- Approve with conditions.
Roll call vote
RIVERLAKES RANCH SPECIFIC PLAN AMENDMENT - MICHAEL DHANENS
has proposed an amendment by changing the text, land use designation, and
circulation as follows: Land use to increase the area for the golf course by 67
acres and redistribute the residential designations around the golf course. The
text will reflect the changes in 'land use and circulation amendment. The
circulation amendment will delete the Collector - alternate designation for
Riverlakes Drive north of Olive Drive. This will eliminate the 10-acre lake north
of Olive Drive and pocket parks and add linear park along Coffee Road.
(Negative DeClaration on file)
STAFF RECOMMENDATION: Approve with conditions.
Roll call vote
GENERAL PLAN AMENDMENT CASE NO P97-0643 -- CASTLE AND COOKE
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
(Parcel 1), and from OC (Office Commercial) and OS (Open Space) to OS-P
(Open Space-Parks) on 29.82 acres for property located on the north side of the
intersection of Stockdale Highway and Buena Vista Road, south of the Kern
River and Parkway area (Parcel 2). (Negative Declaration on file)
STAFF RECOMMENDATION:
Approve with conditions.
Roll call vote
Agenda, PC, 3/19/98
Page 7
b)
Amend the Kern River Plan Element (KRPE) land use map code from 6.25
(Office Commercial) and 8.5/2.5 (Resource Management/Flood Hazard) to 3.1
(Public and Private Recreation areas) on 29.82 acres for property located on the
north side of the intersection of Stockdale Highway and Buena Vista Road, south
of the Kern River and Parkway area (Parcel 2). (Negative Declaration on file)
STAFF RECOMMENDATION: Approve with conditions.
Roll call vote
6)
GENERAL PLAN AMENDMENT CASE NO. P98-0146 - CITY OF
BAKERSFIELD has proposed an amendment to the Land Use Element of the
Metropolitan Bakersfield General Plan by amending the Master Equestrian Trail
along the southwest corner of Jewetta Avenue and Noriega Road for that
segment of the equestrian trail along the west side of Jewetta Avenue fronting
along the middle school site.
STAFF RECOMMENDATION:
Approve.
Roll call vote
7a) GENERAL PLAN AMENDMENT CASE NO. P98-0060 - PORTER-ROBERTSON
ENGINEERING AND SURVEYING FOR ATLANTIC RICHFIELD COMPANY has
b)
proposed an amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan by changing the land use designation from HMR
(High Medium Density Residential) and GC (General Commercial) to LMR (Low
Medium Density Residential) on 46 +/- acres on property located generally south
of White Lane and west of South "H" Street. (Negative Declaration on file)
STAFF RECOMMENDATION: Approve with conditions.
Roll Call vote
·
Zone Change from R-2 (Limited Multiple Family Dwelling) and R-3 (Limited
Multiple Family Dwelling) to R-1 (One Family Dwelling) on 46 +IL acres on
property located, generally south of White Lane and west of South "H" Street.
(Negative Declaration on file)
STAFF RECOMMENDATION: Approve with conditions.
Roll Call vote
Agenda, PC, 3/19/98
9.
10.
11.
PUBLIC HEARINGS - ORDINANCE AMENDMENTS
Page 8
Amendment to the City's CEQA Implementation Procedures adopting objectives,
criteria and procedures for implementing the California Environmental Quality Act
(CEQA) in a manner consistent with the Public Resources Code ({}21000-
21178.1) and CEQA Guidelines. (Categorically exempt)
STAFF RECOMMENDATION: Approve
Roll.call vote
2)
Amendment to the text of the Zoning Ordinance (Title 17 of the Bakersfield
Municipal Code) regarding procedures for conducting site plan review. (Negative
Declaration on file)
STAFF RECOMMENDATION-
Approve
Roil'call vote
3)
Ordinance adding Chapters 17.46, 17.47, and 15.67 to the Bakersfield Municipal
Code relating to the Adoption of Drilling Island (DI) District, Petroleum Extraction
(PE) Combining District, and Oil and Gas production affecting land that is
currently subject to the City of Bakersfield's expansion of the Sphere of Influence
on o.r after January 1, 1998, and all that area subject to Prezoning P97-0743 (on
file with the Planning Director). (Negative Declaration on file)
STAFF RECOMMENDATION: Approve
Roll Call vote
COMMUNICATIONS
A) Written
Letter from Attorney Tom Fallgatter requesting the Commission direct staff to
initiate a zone change for. property on the northeast corner of Stockdale Highway
and California Avenue.
B) Verbal
COMMISSION COMMENTS
A. Committees
Agenda,- PC, 3/19/98 Page 9
12. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT
13.
March 17, 1998
PRE-MEE.____TING.
ADJOURNMENT
MINUTES OF THE REGULAR MEETING
OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Held Thursday, March 19, 1998, 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
Absent:
WADE TAVORN
ADVISORY MEMBERS:
STAFF:
Present:
Present:
CARL HERNANDEZ, Deputy City
Attorney
DENNIS FIDLER, Building Director
JACK LaROCHELLE, Engineering
Services Manager
STANLEY GRADY, Planning Director
JIM MOVIUS, Principal Planner
MARC GAUTHIER, Principal Planner
LAURIE DAVIS, Recording Secretary
PUBLIC STATEMENTS
Annette Londquist, representing homeowners in the Riverlakes area, objected to
proposed Zone changes, including 5 from suburban residential to Iow density.
.
Commissioner Dhanens declared a conflict of interest on Agenda Item #'s 5.1
and 5.2.
CONSENT:AGENDA ITEMR
1)
2)
Agenda Item 5.1 - Tentative Tract 5478
Agenda Item 5.2 - Tentative Tract 5479
A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz,
to approve the consent agenda items. Motion carried.
Minutes, PC, 3/19/98
4. APPROVAL OF MINUTES
Page 2
A motion was made by Commissioner Ortiz, seconded by Commissioner Teeter,
to approve .the minutes of the regular meetings of December 18, 1997, and
January 15, 1998. Motion carried.
A motion was made by Commissioner Boyle, seconded by Commissioner Teeter,
that Agenda Items 9.2, 9.2 and 9.3 be heard prior to the start of the General Plan
cycle. Motion carried.
5.1 PUBLIC HEARING - EXTENSION OF TIME -- TENTATIVE TRACT 5478
5,2
Approved as consent agenda item.
PUBLIC HEARING - EXTENSION OF TIME -- TENTATIVE TRACT 547~
Approved as consent agenda item.
PUBLIC HEARING - REVISED VESTING TENTATIVE TRACT 584R
A staff report was given recommending approval.
The public hearing portion of this item was opened; no one spoke in opposition.
Roger Mclntosh with Martin-Mclntosh Engineering, representing the applicant,
Castle and Cooke California, Inc., stated that the conditions of approval had been
reviewed, Fie also indicated that while the applicant concurs with the 3/19/98
memo from the Public Works Department, he requested that Condition No. la be
deleted, that curb and gutter have already been poured and that construction on
Old River Road is underway. Mr. Mclntosh stated that this condition was not
included in the original approval of the tract, and that to comply would entail
tearing out curb and gutter at Campus Park and Millikan Way.
The public hearing portion of this item was closed.
Commissioner Dhanens referred to Mr. LaRochelle's memo of 3/19/98 regarding
the irrigation line, and asked staff to describe the affect the change would have on
the condition. Staff replied that the condition was an oversight, that staff's aim
was to ensure consistency with prior approvals done on parcels to the east of
subject property. Mr. Dhanens also asked if staff had reviewed the proposed
deletion with Mr. Mclntosh. Staff replied they had, and asked Mr. Mclntosh for
input.
Minutes, PC, 3/19/98 Page 3
Mr. Mclntosh stated that the curb and gutters in question had been poured down
to the first fOur phases. Not only would this affect the two northerly streets, but it
also would affect the design of the subdivision; to give up additional right of way
would require a complete redesign of plans which are already approved.
Mr. DhanenS asked Mr. Mclntosh if Campus Park Drive was designated a local
street. Mr. Mclntosh replied that it was a collector, that Old River Road was the
arterial, and that Campus Park Drive had been designed for collector arterial
intersection;
Mr. Dhanens asked staff, in light of this information, if they felt it necessary to
include the additional right of way at those three intersections. Mr. LaRochelle
replied that the two deceleration lanes in question were part,of the original map,
and that staff did not realize that those were to be deleted as well, and that the
lane at Campus Park Drive had not been requested previously. He indicated that
the change in condition is more of a result of difficulties with the Canal District to
the south, and that the applicant could not have recorded any of the maps without
this matter being reheard. Mr. LaRochelle indicated his preference to let the
condition in question stand as written.
Mr. MclntOsh stated that the only change in the condition was asking for Campus
Park Drive to have deceleration lane. The other two were already designed for
the deceleration lanes, but the lot at Campus Park Drive has an existing house on
it and it woUld be difficult to add the lane atthat location. He asked that the
original condition be approved with the deletion of the Campus Park Drive
reference.
Commissioner Boyle asked Mr. LaRochelle, since there is a houSe on the corner
lot in question, .if staff concurred that the Commission should not require the
deceleration lane at Campus Park Drive. Mr. LaRochelle agreed.
Commissioner Dhanens referred to a sentence at the end of the condition in
question that states, "If Old River Road is realigned, additional right of way would
then be required." Mr. Dhanens asked if this sentence would also be deleted in
light of existing conditions. Mr. LaRochelle suggested alternate language to read,
"If Old River Road is realigned south of Phase Four, additional right of way will be
required."
Minutes, PC, 3/1:9/98 Page 4
A motion was made by CommissiOner Dhanens, seconded by Commissioner
Boyle, to approve the revised Vesting Tentative Tract 5848 with findings and
conditions set forth .in the resolution, Exhibit A, with the following modifications:
that it include the memorandum to the Planning Commission from Jack
LaRochelle dated March 19, 1998, which affects Public Works Condition No. 11,
and that in ~Public Works Condition No. la the reference to Campus Park Drive be
deleted, and that the last sentence of that same condition shall read, "If Old River
Road is realigned south of Phase Four, additional right of way will then be
required. Motion carried.
9.1
9,2
PUBLIC HEARING - PROPOSED AMENDMENT TO THE CITY'S CEQA.
IMPLEMENTATION PROCEDURES ADOPTING OBJECTIVES, CRITERIA AND
PROCEDURES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAl
QUALITY ACT (CEQA) IN A MANNER CONSISTENT WITH THE PUBLIC
RESOURCES CODE (SECTIONS 21000-21178.1) AND CEQA GUIDELINES
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.
A motion was made by Commissioner Dhanens, seconded by Commissioner
Kemper, to adopt the resolutions with all findings approving the resolution
regarding amendments to the City of Bakersfield CEQA Implementation
Procedures. as depicted in Exhibit A, with the additional corrections as listed in the
memorandum from Stanley Grady, Planning Director, to the Planning
Commission dated March 19, 1998, "Corrections to CEQA Procedures." Motion
carried by the following roll call vote:
AYES:
NOES:
Commissioners Boyle, Dhan~ns, Kemper, Teeter, Ortiz, Tkac
None
PUBLIC HEARING -- PROPOSED AMENDMENT TO THE TEXT OF THr'
ZONING ORDINANCE (TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE)
REGARDING PROCEDURES FOR CONDUCTING SITE PLAN REVIEW
Staff report was given recommending approval.
The public hearing portion of this item was opened; no one spoke in opposition.
Minutes, PC, 3/19/98 Page 5
Mr. Roge. r Mclntosh, speaking on behalf of the Building Industry Association of
Kern County, indicated support of the proposed ordinance with one exception:
that the apPeal procedure be allowed to be heard in front of the City Council.
The public hearing portion of this item was closed.
Commissioner Boyle referred to a reference to the possibility that the Planning
Commission could hold hearings, and asked how this would affect the appeal
process. Staff replied that the ordinance would have to be revised to provide for
a different appeal bOdy other than what is currently referenced.
Mr. Boyle also referred to a portion of the ordinance that stated that the appeal
could be done by any interested person, and asked if that term had been defined
within the Ordinance. Staff replied that it could mean anyone. Mr. Boyle indicated
he saw no advantage in making the Planning Commission the hearing body,
suggesting ~:that this function would best be served by the Development Services
Director. He also stated that it would be appropriate that appeals should be
heard before the Planning Commission, although the ordinance should allow for
appeals to the City Council if the parties so desire.
Commissioner Dhanens asked how a hearing would be conducted by the
Development Services Director, if it would take place during normal office hours in
the Planning Department office. Staff replied that such hearings would be
conducted in the same manner as the Board of Zoning Adjustment. Mr. Dhanens
also stated that allowing "any interested person" to file an appeal was
inconsistent with how the process operates, that normally only people within a
certain radiUs of a project are allowed to appeal decisions regarding that project.
Staff replied that no such restriction existed except regarding fee structure, that if '
a person is ~not within a 300-foot notice area, a fee is required to file an appeal.
Commissioner Boyle suggested that the term be modified to "any person" rather
than "any interested person" to avoid further dispute.
A motion was made by Commissioner Boyle, seconded by Commissioner
Kemper, to ~adopt resolution with all findings approving the proposed text
amendment to Title 17, with the exception that Paragraph E.1 on Page 6 be
amended to read, "any person," and that an appeal procedure beyond the
Planning Commission be added to allow appeals to the City Council. Motion
carried by the following roll call vote:
AYES:
Commissioners Boyle, Dhanens, Kemper, Teeter, Ortiz, Tkac
NOES: None
Minutes, PC, 3/19/98
9.3
Page 6
PUBLIC HEARING PROPOSED ORDINANCE ADDING CHAPTERS '17',46,
'17',47', AND '15,67' TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO
THE ADOPTION OF DRILLING ISLAND (DI) DISTRICT, PETROLEUM
EXTRACTION (PE) COMBINING DISTRICT, AND OIL AND GAS PRODUCTIOI"
AFFECTING LAND THAT IS CURRENTLY SUBJECT TO THE CITY OF
BAKERSFIELD'S EXPANSION OF THF SPHERE OF INFLUENCE ON OR
AFTER JANUARY 1, 1998, AND ALL THAT AREA SUBJECT TO PRr=7ONIN~'
P97-0743 (ON FILE WITH THE PLANNING DIRECTOR)
Commissioner Boyle declared a conflict of interest on this item.
Staff report was given recommending approval.
The public hearing portion of this item was opened; no one spoke in opposition.
Ms. Terry Bjorn, Clifford and Brown, local counsel for Enron, stated that Enron as
well as representatives of other firms and agencies of the oil industry encouraged
the adoption of the proposed ordinance, that city staff has met the concerns of
the oil and gas industry in drafting and recommending approval of this ordinance.
Mr. Hal BoPp, State Division of Oil and Gas, also expressed support of the
ordinance.
The public.hearing portion of this item was closed.
Commissioner Dhanens asked if the proposed ordinance'would affect
development in certain areas, such as Kern River Ranch, Buena Vista and
Riverlakes. Staff replied that Kern River and Buena Vista were already within city
limits; that the ordinance would apply to property in the proposed sphere
expansion and property in the pre-zoned area.
A motion was made by Commissioner Kemper, seconded by Commissioner
Teeter, to approve and adopt the negative declaration, and to approve the
ordinance amendment to add Chapter 17.46, 17.47 and 15.47 to the Bakersfield
Municipal Code with findings set forth in the resolution, Exhibit A, with
amendmentl and recommend same to City Council. Motion carried by the
following roll call vote:
AYES:
NOES:
Commissioners Dhanens, Kemper, Teeter, Ortiz, Tkac
None
ABSTAINED:
Commissioner Boyle
Minutes, PC, 3/19/98
?.
Page 7
RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY
.COUNCIL CERTIFY THE FINAL EIR FOR THE KERN RIVER RANCH/EIUF:N.,~
VISTA ROAD PROJECT HAS BEEN COMPLETED IN COMPLIANCE WITII
.CEO. A, THE STATE EIR GUIDELINES AND THE CITY OF BAKERSFIELD
CEO, A IMPLEMENTATION PROCEDURES (CITY OF BAKERSFIELD)
A staff report was given recommending adoption of resolution.
Mr. Glen LeJoy, environmental consultant and project manager for the EIR, gave
a presentation on the contents of the final EIR.
Commissioner Boyle asked for information regarding lots currently available
within the City and absorption rates, referring to a mem° that indicated that the
city currently has approximately 15,000 lots available for building. Mr. Boyle
stated that ~he was informed by staff that at present there are approximately
45,000 lots available on land within the city limits that have the correct General
Plan designation for residential development. The addition of 5,000 lots in the
Buena Vista and Kern River Ranch projects will increase available lots for building
to 20,000, an increase of 25%; the 'current rate of absorption is slightly less that
15% per year.
Mr. Boyle indicated that these figures reflect a 40-year supply of housing currently
available in,the city limits either with the correct General Plan designation or lots
already approved. He asked whether or not the EIR should address issues of
that nature ~n terms of the justification for changing the General Plan with a 40-
year supplyI of housing already existing.
Mr. LeJoy referred to.the section "Cumulative Projects," saying that it references
projects of similar size that could be considered alternative sites to this particular
project. However, Mr. LeJoy indicated that it does not necessarily address the
issue of including justification of General Plan amendments within the mandate of
the EIR itself.
Commissioner Boyle referred to the project objective of "creating a high-quality
master planned residential community," and asked if there was anything before
the Commission during this meeting that tells what that objective might look like.
Mr. LeJoy replied that no conceptual plans were available at this time, only land
use designations and corresponding zoning.
Minutes, PC, 3/19/98
Page 8
Commissioner Boyle referred to Section 7.3, Development in Accordance with
Existing General PlanDesignation, that under the existing general plan there
would be 154 dwelling units for both Kern River Ranch and Buena Vista, and
asked if thai number was correct. Mr. LeJoy indicated that it was. Mr. Boyle
expressed a concern that the master plan was in essence illusory since no
concrete cOmpletion date was indicated, and stated that he was uncomfortable
with approving a project now that may not be built for ten to twenty years.
Commissioner Kemper referred to existing growth surrounding the project area,
stating that developments begun twenty years ago under similar conditions,
particularly in the southwest, have been completely built out with excellent results.
Ms. Kemper indicated she felt approval at this stage of the project was part of the
natural progression of such developments.
Commissioner Boyle reiterated his concern that the Commission would be voting
on a project essentially without a master plan, that they would be approving
something Without knowing even vaguely what the end result would be.
Chairman Tkac agreed with Commissioner Boyle's concerns about the lack of
specifics regarding the project. He asked staff when the last time such a large
project had been before the Planning Commission. Staff replied that Seven Oaks
would be the most comparable project.
Commissioner Dhanens agreed with staff that this is the natural progression of
city growth:, contiguous to land that the City has already developed in Seven
Oaks.
Mr. Grady Pointed` out that the Commission would hear the project after a
decision has been made on the environmental document, that the task before the
Commission Presently is to determine, if the EIR adequately analyzed the
potential environmental impacts of the project. He also stated that the
Commission could approve and certify the EIR without approving the project itself.
Commissioner Boyle asked if the Brimhall project had approximately 600 units;
staff replied that it did not have exact figures, but indicated that most of the
proposed area was already urban, involving a redistribution of some of the land
uses with a small portion of OS that was converted to urban. Mr. Boyle asked if
the Seven :Oaks project include a General Plan amendment; staff replied that it
was originally designated farm land.
Minutes, PC, 3/19/98
~ Page 9
Commissi6ner Teeter referred to the lot absorption rate, asking if there were any
projections for future absorption.rates. Staff replied that a running average was
monitored,: but that no projected rates were configured because of insufficient
information, that it was an issue basically market-driven. Ms. Teeter asked if
absorptionmtes were analyzed for a specific area of the City as opPosed to the
whole.
Staff replied that it was not, that area absorption rates were known intuitively;
because of the impediments in the northeast, growth was happening west of 99
and primary south of the river west of 99.
A motion Was made by Commissioner Kemper, seconded by Commissioner
Dhanens, t° adopt the resolution making findings and recommending certification
of the final EIR for the Buena Vista/Kern River Ranch project to the City Council
and referencing the March 16th memo. Motion carried by the following roll call
vote: ~
8,1
abc)
AYES:
Commissioners Dhanens, Kemper, Teeter, Tkac
NOES:
Commissioners Boyle, Ortiz
GENERAL :PLAN AMENDMENT, CIRCULATION ELEMENT AMENDMENT.
KERN RIVER PLAN ELEMENT AMENDMENT & ZONE CHANGE, CASE NO
P96-0074- CAROSELLA PROPERTIES
A staff report was given reCommending approval with conditions.
The public hearing portion of this item was opened.
,Ms: Lois Chaney indicated her disapproval of the project and questioned the idea
of the inevitability of expansion of the city in any one direction, suggesting that
perhaps a reidentification of community might be in order. She expressed
concern over urban sprawl and the loss of agricultural land, comparing the
present growth pattern of Bakersfield to that of Phoenix, Arizona.
Mr. Roger Mclntosh of Martin-Mclntosh responded to written concerns regarding
potential traffic generated by the proposed development. He also gave a brief
history of other Castle and Cooke projects, including the problems of planning
and implementing major developments, and explained why it was necessary to
.begin implementing a master plan years before the actual project would be
completed. ~While Mr. Mclntosh acknowledged that there were no guarantees in a
market-driven enterprise, he believes that the current steps of planning and
Minutes, PC, 3/19/98
agency approval were logical steps in orderly growth and progression of
development in southwest Bakersfield.
Page 10
Mr. MclntoSh also discussed the conditions of approval and certain mitigations
and how they related to specific zones within the project. He also concurred with
Mr. LaRochelle's memo to the Planning Commission of March 16, 1998, but
requested that Condition 3 be amended to read that the developer be required to
provide access only to a bike path along the proposed levee, not construction of
the bike path itself, which is normally the function of the City or County.
Mr. MclntoSh also discussed the development of parks within the project,
indicating that a conceptual plan had been submitted to the Parks Department.
He asked that Condition 6 of the March 16, 1998 memo, which addressed
maintenance responsibilities of parks, be deleted and alternate language be
substituted.
The public hearing portion of this item was closed.
Commissioner'Boyle asked for a copy of Mr. Mclntosh's notes regarding his
statements, and asked if staff had reviewed same. Mr. Boyle expressed support
of the project.
CommissiOner Teeter expressed appreciation for Ms. Chaney's concerns, and
suggested that some concrete vision of what the city might be should be
formulated, with input from both City and County agencies. Ms. Teeter indicated
her approval of this particular project was based on its abutting to existing
residential area, growth in that direction, and the history of the developer.
Commissioner Dhanens referred to the sale of 3,000 acres by the developer and
asked staff where this parcel was related geographically to the proposed project.
Staff replied that it was south of the Kern River. Mr. Mclntosh added that the
property was immediately to the west and south of the Buena Vista property.
Mr. Dhanens referred to a linear OS-P land use zone designated on the map, and
asked where it was in relation to the proposed levee and bike path. Mr. Mclntosh
stated that the proposed OS-P strip will start immediately adjacent to the bike
path and run south into the project.
Mr. Dhanens also asked for a clarification of park space distribution; Mr. Mclntosh
explained how and why park space had been laid out in the proposed manner.
Mr. Dhanens asked staff if they had any response to the applicant's request that
alternate language be substituted in Condition 6 of the March 19, 1998, memo;
staff replied that the developer had been correct, that the word "access" had been
Minutes, PC, 3/19/98
Page 11
inadvertently omitted from the language. Commissioner Dhanens expressed his
support of the .prOject.
Commissioner Boyle referred to a designated strip of open space and asked if it
would remain after the precise location of parks had been determined; Mr.
Mclntosh replied that it would.
A motion was made.by Commissioner Boyle, seconded by Commissioner Ortiz, to
adopt the resolution approving the requested amendment to the land usb element
of the MetrOpolitan Bakersfield 2010 General Plan as represented on staff's
display map with findings, conditions of approval, and mitigation measures as
presented in the resolution, Exhibit G, as modified by the memorandum from Jack
LaRochelle dated March 16, 1998, with the addition of the word "access" at the
end of said paragraph.
The motion is further modified by the memorandum of March 19, 1998, from
Stanley Grady, and that language provided by Roger Mclntosh be incorporated,
that the developer is to dedicate ten acres measured from the bike path of open
space parkprior to the approval of the first tentative tract in the east one-half of
the area; a conceptual master plan for park locations shall be approved by the
Parks Department.
The motion: is further modified by the dedication of the open space park to be
prior to the recordation of the first tract map; that the intent to provide
neighborhoOd amenities in area consistent with City standards be incorporated
with the Kern River Parkway as further modified to provide that the developer will
form a maintenance district to be put in place prior to the recordation of the first
final map in the segment. Motion carried by the following roll call vote:
AYES: Commissioners Boyle, Dhanens, Kemper, Teeter, Ortiz, Tkac
NOES: None
A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz, to
adopt the resolution approving the requested amendment to the Kern River Plan
Element of the Metropolitan Bakersfield 2010 General Plan as represented on
staff's display map, with findings, conditions of approval, and mitigation measures
as presented in the resolution, and incorporate by reference the amendments
made on the prior motion. Motion carried by the following roll call vote:
AYES:
Commissioners Boyle, Dhanens, Kemper, Teeter, Ortiz, Tkac
NOES: None
Minutes, PC, 3/19/98 Page 12
A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz, to
adopt the resolution approving the requested amendment to the Circulation
Element of~the Metropolitan Bakersfield 2010 General Plan with findings,
conditions of approval, and mitigation measures as presented in the resolution,
Exhibit G. Motion carried by the following roll call vote:
AYES: Commissioners Boyle, Dhanens, Kemper, Teeter, Ortiz, Tkac
NOES: None
A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz, to
adopt the resolution, approving the requested zone change with findings,
conditions of approval, and mitigation measures as presented in the resolution,
Exhibit'G, and incorporating by reference the other amendments made to the first
and second mOtions. Motion carried by the following roll call vote:
AYES:
NOES:
Commissioners Boyle, Dhanens, Kemper, Teeter, Ortiz, Tkac
None
8,2
a&b)
GENERAL :PLAN AMENDMENT, CIRCULATION ELEMENT AMENDMENT AND
ZONE CHANGE CASE NO. P96-0589 - CASTLE AND COOKE CALIFORNIA
INC.
A staff report was given recommending approval with conditions.
The public hearing portion of this item was opened.
Ms. Martha Mackenzie, a resident'of Seven Oaks, expressed concern about
having high and medium density residential directly adjacent to Iow density
residential. She expressed disapproval of the commercial zoning as currently
designated,: suggesting that it be relocated to the corner of White Lane.
Mr. Larry H°gle, representing Castle and Cooke, spoke in favor of the project. He
expressed concern over park issues, that it was inappropriate to specify size,
location, and OS-P designations at the general plan and zoning stages, that
these issues should be reviewed during the development approval and tentative
map process. Mr. Hogle submitted language to be included in the conditions of
approval that addresses these concerns.
Minutes, PC, 3119198
Page 13
Mr. Jim VaUghn, a resident of Seven Oaks, expressed his approval of how
development in that area has progressed, and indicated his support of this
ProjeCt. ~
The public hearing portion of this item was closed.
Commissioner Kemper addressed the issue of parks, stating that she preferred
smaller neighborhood parks to a large, twenty-acre park. She also agreed that
the issue should be addressed at the tentative map stage rather than now.
Commissioner Boyle asked for comment from staff concerning Mr. Hogle's
requested changes. Mr. Grady explained that the parks director has a desire to
provide another community park on the west side of the city with such facilities as
those at SilVer Creek Park. However, some type of neighborhood-related facility
should be installed in this area perhaps along the collector. This is not an
unusual exercise. He said the commission could approve this proposal
contingent bn seeing a park master plan. He did not feel it would do any good for
him to look at the park master plan outside this arena with the Commission never
seeing it, thus Mr. Hogle's proposal was modified so that the Park Master Plan
would be aPproved by the Commission rather than the Planning Director. '
Commissioner Boyle indicated that he would not be inclined to support the project
without park designation at this time.
CommissiOner Dhanens stated that he agreed with Mr. Hogle, that the size and
location of parks could be determined at a later phase of development approval.
CommissiOner Kemper agreed with Commissioner Dhanens, suggesting that the
designated, placement of the proposed twenty-acre park might not be the best
location, that perhaps it could be split into two parks of ten acres.
Commissioner Boyle addressed the issue of high-density areas adjacent to Iow
density, and asked staff to clarify high, medium and Iow density location; staff
said the nearest high density zone was north of the project, and that this zone
was the onlY high-density designation other than that within the project itself. Mr.
Boyle also touched on the location of commercial areas, specifically those near
the high school. Mr. Boyle indicated that he would not approve the general plan
amendment at this time.
Minutes, PC, 3/19/98
Page 14
A motion was made by Commissioner Dhanens, seconded by Commissioner
Kemper, to iadopt the resolution approving the requested amendment to the Land
Use Element of the Metropolitan Bakersfield 2010 General Plan with findings,
conditions of approval, and mitigation measures as presented in resolution,
Exhibit G, With the inclusion that prior to approval of the first tentative tract map
within SectiOn 12, a Park Master Plan will be submitted and approved by the
Planning Commission indicating the location of proposed parks is consistent with
the General Plan policy of 2.5 acres per 1000 population. Motion carried by the
following roll call vote:
AYES: Commissioners Dhanens, Kemper, Teeter, Ortiz, Tkac
NOES: Commissioner Boyle
A motion was made by Commissioner Dhanens, seconded by Commissioner
Kemper, to:adopt the resolution approving the requested amendment to the
Circulation Element of the Metropolitan Bakersfield 2010 General Plan with
findings, conditions of approval, and mitigation measures as presented in the
resolution, EXhibit G. Motion carried by the following roll call vote:
AYES:
commissioners Dhanens, Kemper, Teeter, Ortiz, Tkac
NoEs:
Commissioner Boyle
A motion was made by Commissioner Dhanens, seconded by Commissioner
Kemper, to adopt the resolution approving the requested zone change with
findings, conditions of approval, and mitigation measures as presented in the
resolution, Exhibit G, with the further provision that prior to approval of the first
tentative tract map within Section 12, a Park Master Plan will be submitted and
approved by the Planning Commission indicating the location of proposed parks
consistent with the General Plan policy of 2.5 acres per 1000 population. Motion
carried by the following roll call vote:
AyEs:
Commissioners Dhanens, Kemper, Teeter, Ortiz, Tkac
NOES: Commissioner Boyle
Minutes, PC, 3/19/98 Page 15
8.3 :
a&b) GENERAL PLAN AMENDMENT AND ZONE CHANGE CASE NO. P97-0888
WESTRUST ASSET MANAGEMENT, INC
Staff report was given recommending approval with conditions.
The public hearing portion of this item was opened; no One spoke in opposition.
Mr. Roger Mclntosh, representing Westrust Asset Management, Inc., indicated
that the applicant has reviewed the conditions and provisions outlined in the
memorandum of March 18, 1998.
Mr. Scott LOrenz, Westrust Asset Management, Inc., asked that the proposed
amendment be approved.
· The public hearing portion of this-item was closed.
Commissioner Ortiz asked if the problem of light and glare from the project had
been addressed; Mr. Mclntosh replied that the lighting would-be shielded and
directed away from the neighboring residential properties. He also indicated that
a ten-foot landscape strip has been proposed to provide for additional screening.
Commissioner Ortiz asked for clarification regarding the location of a proposed
traffic signa! near the corner of California and New Stine; Mr. Mclntosh replied
that although a synchronization study would have to be done, the signal would
probably be 1,000 feet from that intersection. Mr. Ortiz expressed his support of
the project,i
Commissioner Boyle asked what the term "warrants" referred to; Mr. Mclntosh
replied it referred to the vehicle that allowed determination of whether or not a
traffic signal should be place at any one intersection. ,
Commissioner Dhanens asked if the median on Stockdale Highway would be
modified to eliminate the U-turn on westbound Stockdale back to the post office.
Staff replied that it would. Mr. Dhanens asked if the plan correctly reflected a
proposed siX-foot masonry wall to separate the project from the school site to the
north; Mr. Mclntosh replied that the wall would be seven feet on the west side, six
feet on the north. Mr. Dhanens expressed support of the project.
Minutes, PC, 3/19/98 Page 16
A motion was made by Commissioner Dhanens, seconded by Commissioner
Ortiz, 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 said resolution, Exhibit H-l, and
recommend same to the City Council, with the further inclusion of the
memorandUm from Jack LaRochelle to the Planning Commission dated March
18, 1998, and the memorandum from Stanley Grady to the Planning Commission
dated MarCh 16, 1998. Motion carried by the following roll call vote:
AYES: -Commissioners Boyle, Dhanens, Kemper, Teeter, Ortiz, Tkac
NoEs: None
A motion was made by Commissioner Dhanens, seconded by Commissioner
Ortiz, to adopt the resolution approving and adopting the mitigated negative
declarationi and approving the zone change as requested with the findings and
conditions as presented in said resolution, Exhibit H-2, and recommend same to
the City CoUncil, with the further inclusion of the memorandum from Jack
LaRochelle to the Planning Commission dated March 18, 1998, and the
memorandUm from Stanley Grady to the Planning Commission dated March 16,
1998. Motion carried by the following roll call vote:
AYES:
NoEs:
Commissioners Boyle, Dhanens, Kemper, Teeter, Ortiz, Tkac
None
8.4
a,b,c)
Commissioner Dhanens declared a conflict of interest on the following item.
GENERAL PLAN AMENDMENT, ZONE CHANGE, RIVERLAKES RANCI I
SPECIFIC PLAN AMENDMENT AND CIRCULATION ELEMENT AMENDMENT,
CASE NO. P97-0892 - MICHAEL DHANENS
Staff report was given recommending approval with cOnditions.
The public hearing portion of this item was opened; no one spoke in opposition.
Mr. Michael Dhanens submitted exhibits regarding the proposed project and gave
a brief presentation.
The public hearing portion of this item was closed.
Minutes, PC, .3/19~98
Commissioner Boyle asked if the applicant agreed with the changes outlined in a
memorandum dated March 16, 1998. Mr. Dhanens replied that they did. Mr.
Boyle asked if the changes in the general plan would require any changes in the
subdivision or tract maps; Mr. Dhanens replied that they would not.
Page 17
Commissioner Ortiz asked if Olive Drive was an arterial that splits between the
golf course; of three holes of the northern section; Mr. Dhanens replied that it
was, but the portion that makes that connection is not currently constructed, that
there will be an at-grade crossing providing access across Olive Drive when that
portion of the street is complete. Commissioner Ortiz expressed his approval of
this item. :
A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz, to
adopt the resolution making findings as set forth in the staff report approving the
negative declaration and approving the requested General Plan amendment P97-
0892, to modify the land use element of the Metropolitan Bakersfield 2010
General Plan located generallysouth of Norris Road to Rosedale Highway,
between Cailoway Drive and Fruitvale Avenue on approximately 485 acres as
shown on Exhibit B with conditions and mitigations as attached to the resolution
and approving the requested circulation element amendment on the Metropolitan
Bakersfield 2010 General Plan to delete the collector- alternate section
designation of Riverlakes Drive north of Olive Drive, and recommend the same to
City Council as modified by the memorandum of March 16, 1998, from Stanley
Grady, Planning Director. Motion carried by the following roll call vote:
AYES: Commissioners Boyle, Kemper, Tavorn, Ortiz,.Tkac
ABSTAINED:
Commissioner Dhanens
A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz, to
adopt the resolution making findings as set forth in the staff report approving the
negative declaration and approving the request to modify the Riverlake Ranch
specific plan located generally south of Norris Road to Rosedale Highway,
between Calloway Drive and Fruitvale Avenue on approximately 485 acres as
shown on Exhibit B with conditions and mitigations as attached to the resolution
and approving the requested circulation plan of the Riverlakes specific plan to
delete the collector - alternate section designation of Riverlakes Drive north of
Olive Drive, :and recommend the same to City Council, with the additional
modification to incorporate the memorandum of March 16, 1998, from Stanley
Grady, Planning Director. Motion carried by the following roll call vote:
Minutes, PC, 3/1'9/98
AyEs:
ABSTAINED:
Commissioners Boyle, Kemper, Tavorn, Ortiz, Tkac
Commissioner Dhanens
Page 18
A motion was made by Commissioner Boyle, Seconded by Commissioner Ortiz, to
adopt the resolution making findings as set forth in the staff report approving the
negative declaration and approving the requested zone change P97-0892 to
change the zoning to R-l, R-2, OS and C-1 zones located generally south of
Norris Road to R0sedale Highway, between Calloway Drive and Fruitvale Avenue
on aPproximately 485 acres as shoWn on Exhibit B with conditions and
mitigations as attached to the resolution and recommend the same to City
Council, with the additional modification to incorporate the memorandum of March ·
16, 1998, from Stanley Grady, Planning Director. Motion carried by the following
roll call vote:
AYES:
ABSTAINED:
Commissioners Boyle, Kemper, Tavorn, Ortiz, Tkac
Commissioner Dhanens
8.5
a&b) GENERAL PLAN AMENDMENT AND KERN RIVER PLAN ELEMENT
AMENDMENT CASE P97-0643 - CASTLE AND COOKE CALIFORNIA, INC.
Staff report was given recommending approval with conditions.
The public hearing portion of this item was opened; no one spoke in opposition.
Mr. Roger Mclntosh, representing Castle and Cooke California, gave a brief
presentation and encouraged approval of this item.
Ms. Carolyn Belli, Kern Equestrians for Preservation of Trails, speaking for Rich
O'Neil (Kern River Parkway Foundation) and Tom Fallgatter (Kern River Public
Access Committee), expressed support of the project.
The public hearing portion of this item was closed.
Commissioner Boyle asked if the memorandum of March 16, 1998, regarding the
school facilities mitigation was acceptable to the applicant. Mr. Mclntosh replied
that the memorandum applied to the residential area that will be built, and
suggested that language be added to the condition that whenever there is a
retirement-age restriction that school fees are not required, that the apPlicant had
an agreement with the School District, which had approved Tentative Tract 5829
where park fees were waived.
Minutes, PC, 3/19/98 Page 19
Commissioner Boyle referred to a letter of March 3, 1998, which mentions
$700,000 for'improvement of parks and the formation of a parks maintenance
district, andlasked if this item was included in the mitigation measures. Staff
replied that this item was part of the details that would be worked out in the
exchange agreement, but that it was not part of any of the conditions with respect
to the general plan and zone changes. Mr. Boyle expressed support of this-
project.
Chairman Tkac agreed with Mr. Boyle's comments.
Commissioner Ortiz asked for a clarification of what constitutes a regional park;
staff repliedithat this question would best be answered by the Parks Director.
Commissioner Dhanens voiced his support of the project.
A motion .was made by Commissioner Boyle, seconded by Commissioner Ortiz, to
adopt the resolution approving and adopting the revised mitigated negative
declaration approving the requested General Plan amendment based upon
findings as presented in said resolution, Exhibit One, and recommend the same
to City Council, and incorporate the memorandum of March 16, 1998,'from
StanleyGrady, Planning Director. Motion carried by the following roll call vote:
AYES: Commissioners Boyle, Dhanens, Kemper, Teeter, Ortiz, Tkac
NOES: None
A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz, to
adopt the resolution approving and adopting the revised mitigated negative
declaration approving the requested Kern River Plan Element amendment based
upon findings as presented in said resolution, Exhibit I, and recommend the same
to City Council, and incorporate the memorandum of March 16, 1998, from
Stanley Grady, Planning Director. Motion carried by the following roll call vote:
AYES: Commissioners Boyle, Dhanens, Kemper, Teeter, Ortiz, Tkac
NOES: None
A motion was made by Commissioner Boyle, seconded' by Commissioner
Kemper, to continue the zone change resolution to immediately prior to Item 10 of
the agenda. Motion carried.
Staff report was given recommending approval.
Minutes, PC, 3/19/98
Page 20
The public hearing portion of this item was opened.
Ms. Carolyn Belli, Kern Equestrians for Preservation of Trails, stated that this
amendment would discourage equestrian traffic, that it was less safe than the
original plan (Plan A), and expressed opposition to approval of this item.
8.7
a,b)
Mr. Roger Mclntosh, representing Rosedale School District, gave a brief history of
Commission and CitY Council activity concerning this item dating back to 1990.
He stated that there was a safety concern connected to an equestrian trail in
close proximity to a school site, and that is why the District requested that the
alternate design be approved.
Commissioner Dhanens asked if Trail B was also intended to carry horses; staff
replied that it was not.
A motion was made by Commissioner Boyle, seconded by Commissioner Ortiz, to
continue the public hearing on this matter to the regular meeting of April 2nd,
1998. MOtiOn carried.
GENERAL PLAN AMENDMENT CASE NO. P98-0060 - PORTER-ROBERTSON
ENGINEERING AND SURVEYING FOR ATLANTIC RICHFIELD COMPANY
Staff report was given recommending approval.
The public hearing portion of this item was opened; no one spoke in opposition.
Mr. Harold Robertson, Porter-Robertson Engineering and Surveying, represented
the applicant. He stated that the applicant was currently developing single-family
residences in the Panama Lane/Monitor Street area, immediately east of the
project site. Mr. Robertson noted that the project will decrease traffic in the
surrounding arterial streets, and encouraged approval of the project. He
indicated that the staff report had been reviewed, and that the applicant agreed
with the mitigation measures and conditions of approval.
The public hearing portion of this item was closed.
Commissioner Boyle asked if there would be any impacts from the commercial
area north' Of the property that would require mitigation; staff replied that such a
condition cOuld be added at the time the subdivision map was being reviewed.
Minutes, PC, 3/19/98
Page 21
A motion was made by Commissioner Dhanens, seconded by Commissioner
Boyle, to adopt resolution approving and adopting the mitigated negative
declaration,i disapproving the requested General Plan amendment, and approving
the General Plan amendment to Iow-density residential as recommended by staff
with findings and conditions as presented in said resolution, Exhibit E-l, and
recommend the same to City Council. Motion carried by the following roll call
vote:
AYES: Commissioners Boyle, Dhanens, Kemper, Teeter, Ortiz, Tkac
NOES: NOne
A motion was made by CommissiOner Dhanens, seconded by Commissioner
Boyle, to adopt resolution approving and adopting the mitigated negative
declaration,' and approving the zone change to R-1 as recommended by staff with
findings and conditions as presented in said resolution, Exhibit E-2, and
recommend the same to City Council. Motion carried.
Commissioner Boyle declared a possible conflict of interest on the following item
(Item 10).
10. COMMUNICATIONS
A) Written
B)
Letter from attOrney Tom Fallgatter requesting the Commission to direct
staff to initiate a zone change for property on the northeast corner of
Stockdale Highway and California Avenue.
A mOtion was made by Commissioner Kemper, seconded by
Commissioner Dhanens, to direct staff to bring back the zone change as
requested in the above referenced letter. Motion carried.
Verbal
There were no verbal communications.
Minutes, PC, 3/19/98 Page 22
-11. COMMISSION COMMENTS
12.
Commissioner Kemper reported that she and Commissioners Teeter and Ortiz
attended the League of City Planning Commissioners seminar in Long Beach.
She recommended supporting the appointment of a new commissioner so that
they could attend the Planning Commission meeting, and providing them with
current Planning Commissioner handbooks as well as a half-day orientation.
Commissioner Ortiz distributed a copy of what is tentatively planned for the
Centennial brick, and requested that each Commissioner review the copy.
COmmissioner Boyle asked Mr. LaRochelle that as a result of the streetscape on
Chester if there was going to be any attempt to do anything with the lights on the
surrounding streets. Mr. LaRochelle replied that staff would review the matter.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF
THE NEXT :PRE-MEETING
13.
A motion was made by Commissioner Boyle, seconded by Commissioner
Kemper, to cancel the pre-meeting scheduled for March 30, 1998. Motion
carried.
ADJOURNMENT
There being no further business to come before the Commission, the meeting
was adjourned at 10:35 p.m.
Laurie Davis
Recording Secretary
Planning Director~