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HomeMy WebLinkAbout12/17/98Council Chamber, City Hall 1. ROLL CALL ALTERNATE: AGENDA REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Thursday - December 17, 1998. 5:30 p.m. JEFFREY TKAC, Chairman MICHAEL DHANENS, Vice-Chairman STEPHEN BOYLE MA THEW BRAD Y MARTI MUNIS-KEMPER ROBERT ORTIZ WADE TA VORN RON SPRAGUE 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, c/o Office of the CityClerk, 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 If all appeals are withdrawn prior to the City Council hearing, it will not be conducted and the decision of the Planning Commission will stand. If no appeal: is received within the specified time period or if all appeals filed are withdrawn, the action of the Planning Commission shall become final.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, Thu~'sday - December 17, 1998 Page 2 CONSENT AGENDA ITEMS - (marked by asterisk (*) 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. 1) 2) 3) 4) s) 6) Agenda Item-4.1 - EOT for Tentative Tract 5620 Agenda Item 4.2 - EOT for Tentative Tract 5621 Agenda Item 4.3 - EOT for Tentative Tract 5363 Agenda Item 4.4 - EOT for Vesting Parcel Map 10368 Agenda Item 5.5.1 - Vesting Tentative Tract Map 5920 Agenda Item 8.2 - Consistency Finding - Acquisition of t5.32 acres PUBLIC HEARINGS - EXTENSIONS OF TIMI= 4.1) Ten'tative Tract 5620 (DeWalt Corporation) Located on the north side of Meany Avenue between Coffee Road and Patton Way consisting of 9 lots on 81.87 acres, zoned R-1 (One Family Dwelling), C-2 (General Commercial) and M-1 (Light Manufacturing). (Negative Declaration on file) Staff Recommendation: Approve 4.2) GroUp vote. Tentative Tract 5621 (DeWalt Corporation) Located on the north side of Meany Avenue between Coffee Road and Patton WaY consisting of 214 lots on 58.46 acres, zoned R-1 (One Family Dwelling). (Negative Declaration on file) 4.3) Staff Recommendation: Approve GroUp vote.. : Tentative Tract 5363 (DeWalt Corporation) Located south of Norris Road, west of Coffee Road and east of the Friant-Kern Canal consisting of 18 lots on 557.8 acres, zoned R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), R-3 (Limited Multiple Family Dwelling), C-1 .(Neighborhood Commercial) and C-1 CH (Neighborhood Commercial/Church) zone. (Negative Declaration on file) Staff Recommendation: Approve Group vote. Agenda, PC, ThUrsday- December 17, 1998 Page 3 4.4) VeSting Parcel Map 10368 (DeWalt CorpOration) LoCated at the northwest corner of Hageman Road and Coffee Road consisting of 2 lots on 14.19 acres, zoned C-1 (Neighborhood Commercial). (Negative Declaration on file) Staff Recommendation: Approve Group vote. PUBLIC HEARINGS - VESTING TENTATIVE TRACT MAPR 5.1) VeSting Tentative Tract Map 5920 (SmithTech USA INC.) Located on the north side of Olive Drive, between Coffee Road and RiverLakes DriVe (extended) consisting of 251 lots on 63.13 acres for single family residential purposes, zoned R-1 (One Family Dwelling) and OS (Open Space) zones, and a waiver of mineral rights signatures pursuant to BMC 16.20.060 B. 1. APplicant is also requesting a modification to allow reduced lot depth on one lot. (Negative Declaration on file.) (Continued from November 19, 1998) Staff Recommendation: Continue to January 4 and 7, 1999 Planning Commission meetings at the request of the applicant. Group vote. 5.2) VeSting Tentative Tract Map 5927 (Porter-Robertson) Located on the southeast corner of Berkshire Road and South "H" Street, consisting of 282 residential lots on 59.68 acres on property zoned R-1 (One Family Dwelling), and a waiver of mineral rights signatures pursuant to BMC 16.20.060 B.I. (Negative Declaration on file.) Staff Recommendation: Approve with conditions GroUp vote. PUBLIC HEARING ON THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTII BELTWAY TRANSPORTATION CORRIDOR ALIGNMENT/FREEWAY STAFF RECOMMENDATION: Adopt resolution making findings and recommend certification of the Final EIR to the City Council. Roll call vote. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED RFTONINGS ORDINANCE AMENDMENTS, RIVERLAKES RANCH SPECIFIC PLAN AND CIRCULATION AND PARK ELEMENT AMENDMENTS' Agenda, PC, ThUrsday- December 17, 1998 Page 4 7.1) 7.2.a) 7.2.b) 7.3) 7.4.a) General Plan Amendment File No. P98-0760 - Kern COG, County of Kern and City of Bakersfield has proposed an amendment to Circulation Element of the Metropolitan Bakersfield 2010 General Plan adopting both the South Beltway TransportatiOn Corridor alignment, and the specific planline between Interstate 5 and State Route 58, a distance of approximately 26 miles, transversing central Kern County and the southern portion of the City of Bakersfield. STAFF RECOMMENDATION: Approve with mitigation Roll call vote. General Plan Amendment P98-0729 - Castle & Cooke California, Inc has proposed to change the land use designation from LR (Low Density Residential) to OS-P (Open-Space Parks) or~ 16 acres and from GC (General Commercial) to LR on 16 acres, from LMR (Low Medium Density Residential) and HMR (High Medium Density Residential) to GC on 12.05 acres, from LMR to HMR on 15.41 acres and to limit the number of dwelling units within the Buena Vista project area. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions Roll call vote. ZONE CHANGE FILE NO. P98-0729 - Castle & Cooke California, Inc. requesting a change from C-2 (Regional Commercial) to R-1 (One Family Dwelling) on 16 acres and from R-2 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial) on 12.05 acres located in that area northwest and southwest of the intersection of Ming Avenue and Buena Vista Road. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions Roll call vote. General Plan Amendment File No. P98-0838 - City of Bakersfield has proposed an amendment to the Parks Element of the Metropolitan Bakersfield 2010 General Plan to increase the minimum size of neighborhood parks to 10 acres from the existing standard of six acres. (Categorically Exempt) STAFF RECOMMENDATION: Approve Roll call vote. General Plan Amendment P98-0833 - City of Bakersfield has proposed an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from LR (Low Density Residential) to GC (General Commercial)' on 3.08 net acres located at the southwest corner of Brimhall Road and Calloway Drive. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions Roll call vote. Agenda, PC, Thursday- December 17, 1998 Page 5 10. 11. 7.4. b) Zone Chan~le File No. P98-0833 - City of Bakersfield requesting a zone Change from R-1 (One Family Dwelling) to C-2 (Regional Commercial) on 3.08 acres located at the southwest corner of Brimhall Road and Calloway Drive. (Negative Declaration on file) STAFF RECOMMENDATION: Approve with conditions Roll call vote. 7.5) General Plan Amendment File No. P98-0507-City of Bakersfield has proposed to amend the Circulation Element of the Metropolitan Bakersfield 2010 General Plan by adding a designated collector segment consisting of Granite Falls Drive between Main Plaza Drive and Coffee Road within the RiverLakes Ranch Specific Plan. (Continued from meeting of September 14, 1998) (Categorically exempt) STAFF RECOMMENDATION: · Approve Roll call vote. GENERAL PLAN CONSISTENCY FINDINGS 8.1) General Plan Consistency Findin~l pursuant to Government Code Section 65402 for the acquisition and disposition of property at the east end of Filson Street at Hale Street. (Categorically exempt) STAFF RECOMMENDATION: Make finding GrOup vote. 8.2) General Plan Consistency Findin~l pursuant to Government Code Section 65402 for acquisition of 15.32 acres on the north side of Golden State Highway betWeen the Kern River and the Carrier Canal. (Categorically exempt) STAFF RECOMMENDATION: Make finding GrOup vote. COMMUNICATIONS A) Written B) Verbal COMMISSION COMMENTS A) Committees DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THF NEXT PRE-MEETING. Agenda, PC, ThUrsday- December 17, 1998 Page 6 12. ADJOURNMENT December 14, 1998 Planning Director -Held Thursday, December 17, 1998 - City Council Chamber, City Hall 1501 Truxtun Avenue Bakersfield, California. ROLL CALL COMMISSIONERS: Present: JEFFREY TKAC, Chairperson MICHAEL DHANENS, Vice Chairperson STEPHEN BOYLE MATHEW BRADY MARTI MUNIS-KEMPER ROBERT ORTIZ WADE TAVORN Alternate: RON SPRAGUE ADVISORY MEMBERS: Present: CARL HERNANDEZ, Deputy City Attorney DENNIS FIDLER, Building Director MARIAN SHAW, Engineer IV Staff: Present: STANLEY GRADY, Planning Director MARC GAUTHIER, Principal Planner JIM MOVIUS, Principal Planner MIKE LEE, Associate Planner PAM TOWNSEND, Recording Secretary 2. PUBLIC STATEMENTS None Minutes; PC, ThUrsday, December 17, 1998 Page ? CO"sENT.^GE.D^ TEMS 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· Commissioner Dhanens stated he will not be voting on any Consent Agenda items as several of them represent a conflict of interest for his firm. CommissiOner Tavorn stated he was not at the Monday meeting but has listened to the tape. Agenda Item 4.1 - EOT for Tentative Tract 5620 Agenda Item 4.2 - EOT for Tentative Tract 5621 Agenda Item 4,3 - EOT for Tentative Tract 5363 Agenda Item 4.4 - EOT for Vesting Parcel Map 10368 Agenda Item 5.5:1 - Vesting Tentative Tract Map 5920 Agenda Item 8.2 - Consistency Finding -Acquisition of 15.32 acres A motion was made by Commissioner Brady, seconded by Commissioner Boyle, to approve the Consent Agenda. The motion carried. PUBLIC HEARING - EXTENSIONS OF TIME 4.1. Tentative Tract 5620 (DeWalt Corporation). 4.2 Tentative Tract 5621 (DeWalt Corporation). 4.3 Tentative Tract 5363 (DeWalt Corporation). 4.4 Vesting Parcel Map 10368 (DeWalt Corporation). See consent agenda. PUBLIC HEARING - VESTING TENTATIVE TRACT MAPS 5.1 Vesting Tentative Tract Map 5920 (SmithTech USA Inc.). See consent agenda. 5.2 Vesting Tentative'Trace Map 5927 (Porter-Robertson). Staff reportlwas given; staff recommended approval with conditions. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Fred POrter, representing the applicant, stated they were in agreement with the conditions set forth. The public portion of this item was closed. Minutes, PC, Thursday, December 17, 1998 Page 3 CommissiOner. Brady.stated .he felt there should be some protection along the canal. CommissiOner Boyle asked Staff about the timing of the improvements to Berkshire Road. Commissioner Dhanens asked what the difference was between the frontage phase and the frontage improvement. He also asked what the current City policy or standard is with regard to canal fencing and the proximity of a developed tract to it. Staff stated there was not a Specific distance. Commissioner Dhanens stated he was in support of the memorandum and the condition that construction of the masonry wall be deferred until Phases III, IV, V or VI. Ms. Shaw re-read 2,a: The subdivider shall be responsible for.the construction of Berkshire Road from the east tract boundary to South H Street and such additional paving as required on the north half of Berkshire Road. Berkshire Road shall be constructed in no more than three segments. Prior to the recordation of each final map, the subdivider for each phase shall pay its proportionate share of the widening of the canal 'crossing and the improvement of Berkshire Road. The subdivider will be responsible for their proPortionate share of the cost of widening of the south half of the canal crossing. The developer may utilize the phasing escrow option or may also have the option of forming a major bridge and thoroughfare district for the payment of their proportionate share of the cost of the canal crossing. Commissioner Brady asked the exact distance from Phase I and Phase II to the canal. Staff replied it is 1300 feet. Commissioner Brady asked the applicant if during construction of the two phases if there would be any kind of fencing to prevent the residents from getting into the canal. Mr. Porter stated they would not be putting in a fence during Phase I and II. Commissioner Boyle asked Staff what the cost would be to construct a temporary fence for the west boundary. Staff stated a chain link fence is.$8.00 a lineal foot. Commissioner Kemper asked if Kern Island Canal District had been notified of the impending tract. Staff stated they had been notified, but the responsibility of fencing is with the subdivider. Commissioner Brady stated he cannot support the project without a fence. COmmissioner Dhanens stated he supported the Planning. Director's Memorandum of December 17th. .Commissioner Boyle asked if the building of the wall could be done within a specific period after initiation of construction of Phase I. Mr. Porter stated that would not be acceptable, but they could put.in a temporary fence. - Commissioner Brady stated he would support the project with the construction of a chain link fence With Phase I or Phase II, and construction of a 6 foot high masonry wall with Minutes, PC, Thursday, December 17, 1998 Page 4 ...... Phases II1,. I~/, ~/io[ _V.I. _Mr. Porter.stated his client said they would do the. ent[['e block -wall at Phase IV. Commissioner Sprague asked Mr. Porter if the developer has a projection on the built- out of this tract. Mr. Porter stated five to six years. Commissioner SPrague suggested putting in a cyclone fence with slats instead of the masonry wall. ' CommissiOner Brady stated he would not be in support of Commissioner Sprague's suggestion. Commissioner Boyle stated he would not support a permanent cyclone fence. A motion was made by Commissioner Boyle, seconded by Commissioner Brady, to approve and adopt the Negative Declaration and approve Vesting Tentative Map 5927 with findings and conditions as set forth in the attached resolution Exhibit A with the following modifications to include the December 15th memorandum from Marion Shaw with the change.to Item 2.a to read as follows: The subdivider shall be responsible for construction of Berkshire Road from the east tract boundary to South H Street and such additional paving as required on the north half of Berkshire Road. Berkshire Road shall be construCted in no more than three segments. Prior to the recordation of each final map, the subdiVider for each phase shall pay its proportionate 'share of the widening of the Kern Island crossing and the improvement of Berkshire Road. The subdivider will be responsible for their proportionate share of the cost of widening of the south half of the Kern Island canal crossing. The developer may utiiize the phasing escrow option or may also have the option of forming a major bridge and thoroughfare district for the payment of their prOportionate share of the cost of the Kern Island crossing, also to incorporate the memorandum of December 17th from Stanley Grady with the change that prior to filing of a final map on Phases I, II or III that a temporary fence will be installed along the westerly boundary of the tract, and prior to the filing of a final map on Phases IV, V or VI as shown on the tentative map that the subdivider shall construct a six foot high masonry wall, and include the remaining language in that memorandum. Motion carried. PUBLIC HEARING ON THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTP BELTWAY TRANSPORTATION CORRIDOR ALIGNMENT/FREEWAY Commissioner Boyle declared a conflict of interest on this item and 7.1. A motion was made by Commissioner Brady, seconded by Commissioner Kemper, to advance Agenda Item 8.1 which is the General Plan Consistency Finding pursuant to Government Code Section 65402 for the acquisition and disposition of property at the east end of Filson Street at Hale Street to this location in the agenda so it can be heard now due to the present availability of City staff who will not be available later in the meeting. Motion carried. 8.1. General PlanC°nsistency Finding pursuant to Government Code Section 65402 Minutes, PC, Thursday, December 17, 1998 Page 5 for-,the.acquisition and, disposition of property at. the eastend of Filson.Street at Hale Street. Categorically exempt. Staff report was given; Staff recommends approval. The public hearing portion of this item was opened; no one spoke in opposition. Mr. Ricky Peterson, a resident of Filson Street, spoke in support of the cul,de-sac. The public hearing portion of this item was closed. Commissioner Brady asked if the Fire Department had any concerns about secondary access. The Fire Marshal stated because there were not enough fire hydrants they would need a 20 foot wide through access. Commissioner Sprague asked for more details on the barrier and drainage. Commissioner Boyle stated he sees this as an issue of public safety and would strongly support it. Commissioner Ortiz asked if the problems are just being deterred to another part of the tract. A motion was made by Commissioner Kemper, seconded by Commissioner Boyle, to make a finding pursuant to Government Code 65402 that the acquisition and disposition of property at the east end of Filson Street at Hale Street is consistent with the Metropolitan Bakersfield 2010 General Plan. Motion carried. PUBLIC HEARING ON THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH BELTWAYTRANSPORTATION .CORRIDOR ALIGNMENT/FREEWAY. Staff report:was given; Staff recommended adoption of the resolution making findings with modifications and recommending certification of the Final EIR to the City Council. Mr. Jeff Zimmerman with Woodward Clyde Consultants made a presentation, over- viewing the draft EIR. The public hearing portion of this item was opened. Mr. Don Nelson, Hunter Resources, spoke in opposition. He spoke on its negative impact to the Edison Oil Field. Mr. Tom clark, representing the Ashe family who own two parcels adversely affected by the preferred alignment and the North of McCutcheon alignment, spoke in opposition. They favored the Taft Highway alignment. Minutes, PC, ThUrsday, December 17, 1998 Page 6 Mr. Andy Cadena spoke_ in opposition, stating that the Environmenta. Impact Report needs to be supplemented before the Commission takes a vote. Mr. Dennis Fox spoke in opposition, wanting to know the cost between a freeway and an expressway. Mr. Rudy Agabatian entered a letter in opposition. Ms. Terri Bjom, representing Enron Oil and Gas Company, spoke in favor, asking the CommissiOn to adopt the resolution as recommended by Staff for both Agenda Item Nos; 6 and 7.1. The public hearing portion of this item was closed. Commissioner Sprague spoke regarding the mineral right holders, the 500 foot surface waiver, and the slant drilling. Commissidner Brady asked for clarification on the alignment between 184 and 58 going through the oil field and tanks. Staff stated the matter had been looked into. Mr. Nelson also spoke again to the issue. Regarding Mr. Cadena's issues, Commissioner Brady asked Staff when the final EIR with Staff responses was made available to the public. Staff stated it was made available Wednesday of last week. Mr. Cadena stated he felt this was not enough time to make a proper review. Commissioner Brady asked that the letter from Mr. Agabatian be read, which it was. CommisSioner Brady stated that he felt the Final EIR is adequate and he supports passing it On to the City Council for final approval. Commissioner Kemper spoke regarding the notification issue. She requested that the final draft be brought back to include the specific questions by the Commissioners at the last meeting and any comments from the Public at this meeting. She also stated she felt there would be a big difference in those impacted if the alignment was to the south of Taft Highway. Commissioner Sprague asked Staff that if the alignment were to go just south of Panama would it affect the EIR. Mr. Hernandez stated that if there was a new significant impact caused by the change then the EIR would have to be re-circulated, but if there was no new significant impact created by the change, then it would not need to be re-circulated for public comment. Commissioner Brady asked for all the information before he approves the EIR. A ten minute recess was taken. Minutes, PC, Thursday, December 17, 1998 Page 7 ..Commissioner Brady stated he felt the previous Commissioner comme_.nts along with responses from the consultant should be included in the final EIR. A motion was made by Commissioner Brady, seconded by Commissioner Kemper, to continue the hearing on the final Environmental Impact Report until January 7, 1999 and direct the consultant to locate the tape or minutes of the prior public hearings at the Planning Commission stage for this Environmental Impact Report and any Commissioner comments and include those, along with his responses, in a final Environmental Impact Report. Motion carried. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS, ORDINANCE AMENDMENTS, RIVERLAKES RANCH SPECIFIC PLAN AND CIRCULATION AND PARK ELEMENT AMENDMENTS: 7.1. General Plan Amendment File No. P98-0760 - Kern COG, County of Kern and City of Bakersfield has proposed an amendment to Circulation Element of the Metropolitan Bakersfield 2010 General Plan adopting both the South Beltway Transportation Corridor alignment and the specific plan line between Interstate'5 and State Route 58, a distance of approximately 26 miles, transversing central Kern County and the soUthern portion-of the City of Bakersfield. A staff report was given; Staff recommended approval with mitigation. CommissiOner Sprague asked about the east-west connection and the north-south connection. Staff addressed this issue. The publiChearing portion of this item was opened. Mr. Tom Clark, representing the Ashe family, spoke in opposition to the preferred alternative:, as Well as the North of McCutcheon alternative, stating it would impair the natural growth pattern of the City. He supported the Taft Highway alternative or another route further to the south. Ms. Melissa Manning, 8408 Tamworth in Stonecreek, spoke in opposi'tion, voicing concerns Over air pollution and noise pollution. She supported the Taft Highway route. . Ms. Deborah Harrison, 3915 Rio Viejo, spoke in opposition to the preferred alignment. She submitted 145 signatures in opposition. Mr. Ken Arnold who lives in the Rose Marie development spoke in opposition. Mr. Michael Lehman, 3303 Cathedral Rose, spoke in oppoSition to the preferred alignmenL Minutes, PC, ThurSday, December 17, 1998 Page 8 _.Ms. GenevaBerry,_SUnny Farms, recommended to postpone all.discussions regarding thisproject Until the presenting challenges of the new millennium are known. If a postponement is not allowed, then Sunny Farms objects to the preferred alignment and the Bear Mountain alternative. Mr. Don Nelson, representing Hunter, spoke in opposition: He stated his letter is not in the EIR and he would like it in the record. He stated he could provide detailed maps of all the wells in the area. He stated they would support the hybrid route. Mr. Mark T~:innel, 3719 Trailhase, a teacher in the Kern High School District, spoke in oppositiOn, istating the negative impact it would have on Ridgeview High School. Mr. Dennis"Fox spoke in opposition. He spoke regarding highways and flooding problems. Mr. George Delfino spoke in opposition and the negative impact the preferred alignment Will have on his 160 acres. He would prefer an'alignment further south. Mr. John Garone spoke in opposition, and stated he would prefer an alignment south of Taft Highway because of the growth of the city in the next 20 years. This matter was opened up to any commissioner comments or questions. Commissioner Kemper spoke regarding an alternative beltway which would weave around and through existing non-residential and non-commercial farmland south of Taft Highway and loop up to meet at the Taft Highway interchange. CommissiOner Ortiz stated this project is very needed in our community and he supported the Ingle alternative. Commissioner Sprague stated he supports the south of Taft Highway or Ingle Road alignment with the emphasis on taking out less residential community and trying to keep the cost dOwn by going into farmland. CommissiOner Brady stated he has no preference, but he feels Taft Highway should not be taken obt, nor the communities along Taft Highway. CommissiOner Tavorn stated he agrees with Commissioner Brady, and would not take out Taft Highway. He felt somewhere between Taft Highway and Ingle Road would be preferred. CommissiOner Dhanens stated he would support an alignment south of the preferred alignment.' Commissiqner Kemper voiced her support for the consideration of a revision to the east connecting it with a future 178. connection. She asked that the Planning Department rethink option four, an alignment south of Taft Highway. Minutes, PC, ThurSday, December 17, 1998 Page 9 Commissioner Brady had questions of Staff regarding an.a! gnme~t s~0ut~h, qf.Taft. Highway. Staff stated they would study the Ingle Road alignment. Commissioner Kemper stated she was in support of doing what is best for the communityl Commissioner Sprague asked if Ingle Road is in the County. Staff replied it is. Commissioner Sprague also asked Teri Bjorn what impact it would have on Enron and she stated it would be the absolute worst case scenario for them. He stated he would support a Continuance of this item. A motion Was made by Commissioner Brady, seconded by Commissioner Ortiz, to continue this item until the meeting of January 7, 1999. Motion carried. 7.2.a. General Plan Amendment P98-0729 - Castle & Cooke California, Inc. Staff report was given; Staff recommended approval. The pUblic hearing portion of this item was opened. Mr. Jeff smith, representing Stream Energy, spoke in opposition, commenting that the wells in the canfield Ranch Oil Field constitute a worth of about $20 million and in the section where the changes have been proposed they have spent almost $1 million in developing mineral rights. They cannot move the oil wells and would like that taken into consideration. Mr. Roger Mclntosh, representing Castle and Cooke, spoke in favor, reminding the CommissiOn that this is the next step in developing this area. The specific purpose of this general plan amendment is to present a park plan. They are also requesting a change in 'the commercial site to north of Ming Avenue from the area to the south. The public portion of the hearing was closed. Commissioner Boyle asked Staff and Mr. Mclntosh what Castle and Cooke's overall plan was for the area, and Mr. Mclntosh gave a brief overview and stated they would be happy to Share the cOmplete plan with the Commission. A motion Was made by Commissioner Brady, seconded by Commissioner Ortiz, to adopt i-esolutionmcommending approval and adoption of the Negative Declaration and approval of the Proposed general plan land use element amendment with findings as presented in said resolution, See attached Exhibit E-l, and recommend same to City Council. Motion Was carried by the following roll call vote: i AYES: ° Commissioners Boyle, Brady, Dhanens, Kemper, Ortiz, Tavorn, Tkac NOES: None Minutes, PC, Thursday, December 17, 1998 Page 10 7.2.b.- Zone-Change. File.No. P98,0729- Castle& CookeCalifornia,.lnc... A motion was made by Commissioner Brady, seconded by Commissioner Ortiz, to adopt resolution recommending approval and adoption of a mitigated Negative Declaration and approval of the zone change as requested with findings and conditions as presented in said resolution,' see attached Exhibit E-2, and recommend same to City Council. Motion was carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Dhanens, Kemper, Ortiz, Tavorn, Tkac NOES: None 7.3. General Plan Amendment File No. P98-0838 - City of Bakersfield Staff reportiwas given; Staff recommended approval. The public hearing Portion of this matter was opened. Mr. Roger Mclntosh, representing Castle and Cooke, spoke in opposition to the 10-acre park, the ability to maintain them and build them in a timely fashion. Ms. Betsy Teeter with Castle and Cooke spoke in opposition to increasing the minimum size of parks to '10 acres. The public hearing portion of this matter was closed. Commissioner Boyle asked Staff if this is approved can the Commission or City Council grant excePtions if a developer makes a justification to do so. Staff said yes, but it would not be called a neighborhood park. Commissioner Boyle stated he is strongly in favor of this ordinance because of the community support and the community requests for more amenities. ~ Commissioner Brady asked Mr. Mclntosh the size of Silver Creek Park, who stated it is 15 acres. Commissioner Brady stated he is in favor of larger parks, but needs to look at the report before he makes his decision. He recommended that a committee be * appointed to look into the issue of parks. Commissioner SPrague also would like a copy of the study, and would like this issue to be given to icommittee. He stated he would prefer six acre parks. Ms. Teeter stated she had not seen the study and felt there were other builders who · were not informed that this was being voted on. She felt it should be taken to committee. Commissioner Kemper stated she would favor taking this matter to committee. She would recOmmend six acre parks at this point. Minutes, PC, Thursday, December 17, 1998 Page 11 Commissio~ner Dhanens .stated he.would.like ,tQ send this to..committee.and study this matter further. CommissiOner Boyle stated he would favor continuing this matter until the Parks Department can make a presentation to the Commission rather than forming a whole new committee. Commissioner Tavorn asked Staff if the Commission could form another committee after the Urban Development Committee has already made a recommendation. Staff stated it could be studied further.- Commissioner Tavorn agreed with Commissioner Boyle to have the Parks Department make a presentation. A motion Was made by Commissioner Brady, seconded by Commissioner Dhanens, to refer this matter to a committee to study the parks issue. Motion carried. Commissioners Brady, Kemper and Dhanens were appointed to the committee. 7.4.a. General Plan Amendment P98-0833 - City of Bakersfield Staff report was given; Staff recommended approval with conditions. The public'hearing portion of this item was opened; no one spoke in opposition or in favor. The public hearing portion of this item was closed. A motion Was made by Commissioner Brady, seconded by Commissioner Ortiz, to adopt the resolution approving and adopting a mitigated Negative Declaration approving the requested general plan amendment with findings as presented in said resolution, see attached Exhibit E-l, and recommend the same to City Council. Motion was carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Dhanens, Kemper, Ortiz, Tavorn Tkac NOES: None 7.4.b. Zone Change File No. P98-0833 - City of Bakersfield A motion was made by Commissioner Brady, seconded by Commissioner Ortiz, to adopt the resolution approving a mitigated Negative Declaration approving the zone change as requested with findings and conditions as presented in said resolution, see attached Exhibit E-2, and recommend the same to City Council. Motion was carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Dhanens, Kemper, Ortiz, Tavorn Tkac NOES: None Minutes, PC, Thursday, December 17, 1998 Page12 _ 7.5...General.Plan Amendment File No. P98-0507 - City of Bakersfield Commissioner Dhanens declared a conflict of interest. Staff reportlwas given; Staff recommended approval. The public hearing portion of this item was opened; no one spoke in opposition or in favor. The Public hearing portion of this item was closed. A motion was made by' Commissioner Boyle, seconded by Commissioner Kemper, to adopt the resolution approving the proposed general plan amendment with findings as presented in said resolution, see attached Exhibit C, and recommend the same to City Council. MOtiOn was carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Kemper, Ortiz, Sprague, Tavorn, Tkac 10. NOES: ' ~ None GENERAL PLAN CONSISTENCY FINDINGS 8.1 General Plan Consistency Finding - See Page 5 8.2 General Plan Consistency Finding - See consent agenda COMMUNICATIONS. There were no written or verbal communications. COMMISSION COMMENTS. 11. There were no commissioner comments. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF NEXT PRE-MEETING. 12. Mr. Grady Said the Commission will be having that meeting. ADJOURNMENT. There being no further business to come before the Commission, the meeting was adjourned at 11:28 p.m. Pam Townsend, Recording Secretary STANLEY GRADY, S~cretary Plann'mg Director ~ January 20, 1999