HomeMy WebLinkAbout12/16/99 AGENDA
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
Council Chamber, City Hall
1. ROLL CALL
Thursday, December 16, 1999
5:30 p.m.
JEFFREY TKAC, Chairman
MICHAEL DHANENS, Vice-Chairman
STEPHEN BOYLE
MA THEW BRAD Y
MARTI MUNIS-KEMPER
TOM MCGINNIS
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, cio Office of the City Clerk, 1501 Truxtun Avenue, Bakersfield, CA
93301. A $334 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 $334 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are withdrawn prior to the City Council hearing, it will not be conducted and the decision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withdrawn, the action of the Planning Commission shall become final.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, Thursday- December 16, 1999
Page 2
5.
(Wa~
(Ward 3)
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.
3.1) Agenda Item #5 - Revised Master Wall and Landscape Plan (Martin-Mclntosh)
APPROVAL OF MINUTES
Approval of minutes of the regular meetings held November 4, 1999 and November 18,
1999.
REVISED MASTER WALL AND LANDSCAPE CONCEPT PLAN P99-0400 (Martin-
Mclntosh) for the corner monumentation at the corners of Ming Avenue (extended) and
Grand Island Avenue (future street). (Categorically exempt)
RECOMMENDATION: Approve
Group vote.
PUBLIC HEARING -VESTING TENTATIVE PARCEL MAP 10617 (Martin-Mclntosh)
(phased) containing 14 parcels on 642.13 acres for purposes of creating large lots for
future residential and commercial subdivision, zoned R-1 (One Family Dwelling), R-2
(Limited Multiple Family Dwelling) and C-2 (Regional Commercial) zones, generally
bounded by Buena Vista Road; White Lane (extended); South Allen Road (extended);
and Ming Avenue (extended). (Negative Declaration on file).
RECOMMENDATION: - Approve
Group vote.
PUBLIC HEARING - VESTING TENTATIVE TRACT 5929 (Porter-Robertson
Engineering) subdivision to create 88 lots on 22 + acres zoned R-1 (One Family
Dwelling) for single family residential purposes, generally located north of Panorama
Drive, west of Thorner Street. (Negative Declaration on file) (Continued from October
21, November 18, 1999 and December 2, 1999)
Recommendation: Approve
Group vote
Agenda, PC, Thursday - December 16, 1999 Page 3
8. PUBLIC HEARING ON THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH
BELTWAY TRANSPORTATION CORRIDOR ALIGNMENT/FREEWAY
(Wards 1,3,6, 7)
Public hearing to accept testimony on the Draft Environmental Impact Report (DEIR)
prepared for the South Beltway Transportation Corridor Alignment/Freeway. The DEIR
public hearing will be focused on the objectivity and adequacy of the DEIR in discussing
potential impacts upon the environment; ways in which adverse effects might be
mitigated; alternatives to the project consistent with the intent of the California
Environmental Quality Act; and recommending certification of the Final Environmental
Impact Report (FEIR).
RECOMMENDATION:
Roll call vote.
Approve and Adopt resolution making findings and
recommend certification of the Final EIR to the City
Council.
PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS,
ORDINANCE AMENDMENTS, AND CIRCULATION ELEMENT AMENDMENTS:
(Wards 1,3,6, 7)
9.1)
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.
STAFF RECOMMENDATION: Approve with mitigation
Roll call vote.
9.2.a)
(Ward 4)
General Plan Amendment P99-0697 - Martin-Mclntosh has proposed to
change the land use designation from GC (General Commercial) to LMR (Low
Medium Density Residential) on 16.36 acres, located at the southwest corner of
Calloway Drive and Olive Drive. (Negative Declaration on file)
RECOMMENDATION:
Approve
Roll call vote.
9.2.b)
Zone Change P99-0697 - Martin-Mclntosh has requested a change in zoning
from C-1 (Neighborhood Commercial) to R-2 (Limited Multiple Family Dwelling)
on 16.36 acres located at the southwest corner of Calloway Drive and Olive
Drive. (Negative Declaration on file)
RECOMMENDATION: Deny
Roll call vote.
Agenda, PC, Thursday- December 16, 1999
Page 4
(Ward 4)
9.3.a)
General Plan Amendment P99-0701 - Clarence Kastner has proposed to
change the land use designation from R-IA (Resource-Intensive Agriculture) to
LR (Low Density Residential) on 56.73 acres, located at the northwest corner of
Noriega Road and Jewetta Avenue. (Negative Declaration on file)
RECOMMENDATION:
Approve
Roll call vote.
9.3.b)
Zone Change P99-070t - Clarence Kastner has requested a change in zoning
from A-20A (Agriculture - 20-acre minimum) to R-1 (One Family Dwelling) on
56.73 acres, located at the northwest corner of Noriega Road and Jewetta
Avenue. (Negative Declaration on file)
RECOMMENDATION:
Approve
Roll call vote.
(Ward 4)
10.
9.4.a)
General Plan Amendment P99-0867 - Porter Robertson has proposed to
change the land use designation from R-IA (Resource-Intensive Agriculture) to
LR (Low Density Residential) on approximately 4 acres, located at the southwest
corner of Johnson Road and Renfro Road. (General Rule Exemption)
RECOMMENDATION:
Approve
Roll call vote.
9.4. b)
Zone Change No. P99-0867 - Porter Robertson has proposed a change in
zoning from A (Agriculture) to R-1 (One Family Dwelling 8,000, 10,000 and
12,000 square feet) on approximately 4 acres, located at the southwest corner of
Johnson Road and Renfro Road. (General Rule Exemption)
RECOMMENDATION:
Approve
Roll call vote.
COMMUNICATIONS
A) Written
B) Verbal
11.
COMMISSION COMMENTS
A) Committees
Agenda, PC, Thursday - December 16~ 1999
Page 5
12. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE
NEXT PRE-MEETING.~
13. ADJOURNMENT
December 13, 1999
Held
December t 6, 1999
5:30 p.m.
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
TOM MCGINNIS
MARTI MUNIS-KEMPER
RON SPRAGUE
ADVISORY MEMBERS:
Present:
CARL HERNANDEZ, Deputy City Attorney
JACK LEONARD, Assistant Building Director
MARIAN SHAW, Engineer IV
Staff:
Present:
STANLEY GRADY, Planning Director
MARC GAUTHIER, Principal Planner
JIM MOVIUS, Principal Planner'
PAM TOWNSEND, Recording Secretary
Commissioner Boyle stated that he did not attend Monday's pre-meeting but he had
listened to a tape of the meeting and was prepared to participate in tonight's meeting.
PUBLIC STATEMENTS.
Harold Robertson requested that Item 9.4 a. & b. General Plan Amendment/Zone
Change No. P99-0867 be placed on the Consent Agenda. Commissioner Tkac stated
that they would handle that when the Consent Agenda Items are read.
Commissioner Tkac asked those in the audience who had turned in speaker cards if
they would like to speak now or during the actual hearing for the agenda item? Mr.
Dave Lopez, Deborah Harrison, Tom Baine and Dave Cross all stated they would
speak when the hearing for the agenda item came up.
Minutes, PC, December 16, 1999 Page 2
Ken Kind requested that agenda items 8 and 9.1 be reversed in order. He feels that
9.1 should be held before 8 as if the item goes as expected there might not be a need
to hear item 8. Mr. Hernandez said that staff requested that the discussion and
recommendation on the specific plan line should come after the hearing for the EIR.
Commissioner Tkac said that certifying the EIR has nothing to do with the possible
alignments of the freeway. Mr. Kind said that he understood it but did not agree with it.
Chairman Tkac read the Notice of the Right to Appeal
CONSENT AGENDA ITEMS
Commissioners Brady, Kemper, McGinnis, Sprague, Tkac and Dhanens stated that
they had talked to Mr. Robertson about moving his agenda item to the consent
calendar and they told him to put his request in writing to the whole Commission. They
stated that they did not indicate to Mr. Robertson whether or not they would vote one
way or the other to support the action.
Commissioner Kemper made a motion, seconded by Commissioner McGinnis to move
Agenda Item 9.4 a. & b. to the Consent Agenda. Motion carried.
3.1) Agenda Item #5 - Revised Master Wall and Landscape Plan (Martin-Mclntosh)
Roger Mclntosh requested that this item be removed from the Consent Agenda.
Motion was made by Commissioner Boyle, seconded by Commissioner Brady to
approve the modified Consent Agenda 3.2 which is Item 9.4 a. & b. Motion carried.
APPROVAL OF MINUTES
A motion was made by Commissioner Kemper, seconded by Commissioner Sprague to
approve the minutes of the regular meetings held November 4, 1999 and November
18, 1999, with a change in the November 18 minutes which should have reflected that
Commissioner Sprague had a conflict of interest on Agenda Item No. 7.2 (Zone
Change No. P99-0743). Motion carried.
REVISED MASTER WALL AND LANDSCAPE CONCEPT PLAN P99-0400 (Martin-
Mclntosh) (Ward 4)
Mr. Grady said that staff had nothing to add since Monday's pre-meeting but that the
applicant had requested to take it off the Consent Agenda.
Public portion of the hearing was opened. Mr. Mclntosh stated that he wanted to clarify
one item that they noticed at the last minute. He said that the staff report stated that
the corner monumentation would be maintained by the city's consolidated maintenance
district. Mr. Mclntosh stated that they would prefer it to be maintained by the
Homeowner's Association.
Minutes, PC, December 16, 1999 Parle 3
Public portion of the hearing was closed. Mr. Brady asked staff for comments about
Mr. Mclntosh's request. Mr. Grady said that that was acceptable to staff. Staff can
agree the staff report has been modified to accommodate Mr. Mclntosh's request. No
change in the motion is needed.
Motion was made by Commissioner Brady, seconded by Commissioner Sprague, to
approve the Revised Master Wall and Landscape Concept Plan P99-0400 with the
findings set forth in attached resolution Exhibit "A".
Motion carried.
PUBLIC HEARING -VESTING TENTATIVE PARCEL MAP 10617 (Martin-Mclntosh)
(Ward 4)
Staff report given recommending approval attached to resolution. Staff said that a
memorandum was passed out to the Commission regarding a question by
Commissioner Sprague at the Monday pre-meeting indicating that the pipeline
easement is 15 feet wide and how staff typically handles it on a parcel map of this size.
Staff feels that the staff report is appropriate as written.
Public portion of the meeting was opened. Jim Marino spoke reminding the
Commission that when the general plan amendment and zone change was approved,
Stream Energy filed a letter with the Planning Commission noting they had mineral
interest in the area that the EIR identified two of their wells but not the third well and
staff told the Planning Commission that it would be dealt with at the tract map stage.
Mr. Marino pointed out that the loop road may be pointed at the third well. It may not
work the way it is designed. He stated that Stream Energy has been involved from the
beginning and he doesn't want the Commission to have problems later that should be
solved before development goes too far.
Roger Mclntosh, representing the applicant Castle & Cooke, CA, stated that they had
read the staff report and conditions of approval and were requesting a change in
Planning Department Condition No. 9 regarding vacation of and abandonment of
abandoned oil wells to current DOG standards. Instead of reading "prior to recordation
of this parcel map," they are requesting the sentence read: "Prior to further subdivision,
the applicant shall provide written confirmation..." Mr. Mclntosh stated that normally
they bring the abandoned wells up to standard at the time that the actual work is done,
start subdividing and building the lots out.
Mr. Mclntosh stated that Stream Energy was involved in the EIR stage for the general
plan amendment and that at the time the EIR was certified, there were two wells in the
area. Since then Stream Energy drilled a third well and while the well itself is inside the
area where they have a right to drill in, the unit itself is actually outside the area. They
have been in discussion with Stream Energy during the past year. Stream's concerns
will be taken care of at the end of this year at the expiration of the setback requirement.
Mr. Mclntosh also pointed out that about two months ago Stream Energy quit claimed
Minutes, PC, December 16, 1999 Parle 4
all their rights to drill within the entire section except for a 30 acre site and also the loop
road that runs through that parcel (Chamber Boulevard) that is currently dedicated to
the city is not near their well. It does not conflict at all with the well.
Public portion of the hearing was closed.
Commissioner Brady asked staff if they were aware of the concerns of Stream Energy
with regards to this project? Mr. Grady stated that Stream Energy made their concerns
known at the time of the EIR for the general plan amendment and zone change. Staff
has had a conversation with Mr. Marino regarding well number three and what he
believes to be the proximity to the collector street being too close. That will have to be
determined with more detail when a map is filed.
Commissioner Brady asked staff what their recommendation regarding Mr. Mclntosh's
proposed changes to Planning Department condition number nine? Mr. Grady said that
Mr. Mclntosh's proposal is acceptable.
Commissioner Brady asked Jim Marino if his presence there tonight was to keep
Stream Energy in the minds of the Commissioners with regards to this project or is
there some specific concerns that should be addressed at the parcel map stage? Mr.
Marino said yes, he is just here to remind the Commission that Stream Energy has
been in the process from the beginning and nothing has been done to recognize or
address their issues. It keeps being pushed back. From his perspective the EIR
required drilling islands at the zone change or subdivision stage, so that is a mitigation
measure to catch the situation early in the process and if it keeps getting deferred, you
will have subdivisions all around the 30 acre mineral interest. You will have people
possibly within setback areas because the situation is not being addressed early in the
process. Mr. Marino said he thinks the EIR mitigation measures should be followed.
Locate the wells. Figure out where the drilling islands will be and address setbacks
now.
Commissioner Brady asked Mr. Marino if he would oppose the language suggested by
Mr. Mclntosh which indicates that the upgrading of the well abandonment should be
done for the subdivision or as it is printed, prior to recordation? Mr. Marino said he has
no opposition to that. The concern with Stream is that they have three active wells right
now. They are economically viable and they plan to drill more wells.
Commissioner Brady said that he believes it is appropriate to handle the concerns set
forth by Stream Energy at the subdivision map stage and not at the tentative parcel
map stage and he would be supportive of this parcel map.
Commissioner Sprague stated that he had a problem with the setback being only 50
feet for the gas pipeline running through the southwest portion of this property.
Commissioner Sprague asked if the Commission could make it 100 feet adjacent to
residential or commercial property? Mr. Grady said that the Commission could evaluate
that when there is a project in front of them where that decision needs to be made.
Staff could make available to the Commission information that staff used from studies
conducted on previous maps where the 50 feet comes from and if the Commission
makes a determination that it should be larger, it could be done.
Minutes, PC, December 16, 1999 Parle 5
Commissioner Dhanens stated that he feels the matter with Stream Energy can be
handled at subdivision time. With respect to the gas pipeline, the memo given to the
Planning Commission stated that the Environmental Office of the Fire Department
developed in part the 50 foot setback requirement. He feels comfortable that that is an
applicable requirement but perhaps in the future someone from the Fire Department
could come and explain how they arrived at the figure. Commission Dhanens further
stated that he supports the project with Mr. Mclntosh's change.
Motion was made by Commissioner Dhanens, seconded by Commissioner Kemper, to
approve and adopt the negative declaration and approve Vesting Tentative Parcel Map
10617 with the findings and conditions set forth in attached resolution Exhibit "A" with
the following change to Planning Department Condition No. 9 in Exhibit "1" the first
sentence to read: "Prior to further subdivision the applicant shall provide written
confirmation .... "
Motion carried.
PUBLIC HEARING - VESTING TENTATIVE TRACT 5929 (Porter-Robertson
Engineering) (Ward 3)
commissioner Boyle declared conflict of interest on Agenda Items 7, 8, 9.1 and 9.2.
He excused himself temporarily from the meeting.
Staff report given recommending approval. Staff has not received any evidence from
the gas company to support keeping the lot lines out of the easement, so, therefore,
staff is recommending the new map be approved as proposed.
Public portion of the meeting was opened. No one spoke in opposition.
Harold Robertson said they had received a copy of the memo from the Planning .
Department and they are in agreement. Mr. Robertson thanked the Planning
Commission and the staff for their patience in the numerous hearings they have had.
Public portion of the meeting was closed.
Commissioner Sprague stated that he was glad staff came up with this determination
after evaluation and he appreciated the time that was put into this. The subdivision to
the south is a like kind and he thinks it should have been approved at the last meeting.
Commissioner McGinnis said that in regard to his questions about accessability and
that easement by Southern California Edison and their lack of response to the city staff
and trying to respond to their interest in that easement, he too would reserve any
previous hesitations he had and would support a motion.
Minutes, PC, December 16, 1999 Parle 6
Motion was made byCommissioner Kemper, seconded by Commissioner Brady, to
approve and adopt the negative declaration and to approve Vesting Tentative Tract
5929 dated November 17, 1999, with the findings and conditions set forth in attached
resolution Exhibit "^" with the deletion of Finding 9 and Planning Department Condition
3.
Motion carried.
PUBLIC HEARING ON THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH
BELTWAY TRANSPORTATION CORRIDOR ALIGNMENT/FREEWAY (Wards 1,3,6,7)
Staff report recommending certification of the EIR was given.
Public portion of the meeting was opened. The following people spoke in opposition:
Ken Kind, representing some landowners in the Hosking Road alignment, asked if they
are tak!ng the alignment question before they take the EIR question? The answer was
no. The EIR will be first.
Mr. Kind spoke against the EIR. He said the EIR focuses on the corridor and not the
construction of the freeway. He said when you are reading the EIR, it states over and
over again "we'll worry about it later." What are we going to do about the noise going
through residential neighborhoods? What are we going to do about a dead no-mans
land cut 300 feet wide through a growing neighborhood? The EIR should answer these
questions. He stated there is no noise study included in the EIR.
Carl Hernandez explained to' the audience that the hearing is to deal with the
certification of the EIR and adequacy of the EIR and the study of the significant effects
to the environment which any of the alternatives which are shown in the EIR may have.
The city must improve the environmental document prior to or concurrently with the
approval of the specific plan line which is one of the alternatives set forth in the EIR.
CEQA requires that the environmental study be done before a project is approved. In
this case, what we are doing, is simply dealing with whether the environmental
document and all the environmental studies which have been performed for each one
of the alternatives is adequate and meets the legal requirements of the California
Environmental Quality Act. After that is done, the next item deals with recommending
that a specific plan line be adopted. That is when the actual plan line will be set. It is
for us to have orderly development in the future. Once the plan line is set, any
development in the future will have to take it into account. The specific plan line needs
to be adopted after certification of the EIR.
Commissioner Tkac stated that it is not easy for any of the Commissioners to pick one
specific plan line over another. He then asked anyone else in opposition of the
environmental impact report to come forward.
Renee Nelson stated that the purpose of the beltway is to move people around the
community, not through it. She also asked why this alignment was not ranked in the
Kern COG process?
Minutes, PC, December 16, 1999 Page 7
Ingrid Colson, a property owner on DiGiorgio Road, asked why the freeway was
designed to go through a floodplain? What will it do to the landowners next to the
corridor? Will it change the lay of the land? Will the flooding be worse on her
property?
Dave Lopez, a concerned homeowner and parent, does not want to see cars running
through his back yard.
Arlene Collins stated that she does not want to live near a freeway. A lot of filth and
noise comes from a freeway.
Ron Hobart, homeowner, said that he is concerned that the flood water issue has not
been addressed. He said that the EIR did not say how the water would be dealt with.
Marilyn Balfour, property owner, stated that the freeway should stay away from
development. It should be placed further out not where people are building
subdivisions.
Gary Newton, who lives on the northeast corner of Weedpatch Highway, would also
like the flood water problem addressed.
Roger Mclntosh, representing Delfino LLC, stated that he was asked two days ago to
take a look at the EIR and would like to address some issues. What struck him as odd
is that after the first set of public hearings when the draft and the final EIR were
presented to the public, the consultant was asked to go back and do additional
environmental evaluation on the red alignment which was then the preferred alignment.
If you look at the additional information, throughout the document it says that this
document focuses on the current revised preferred alternative for this project. In
Section 1, Section 1.2 the last sentence, says that beginning in 1988, the City of
Bakersfield has evaluated a total of six alternatives to the south beltway corridor with
the current revised preferred alternative alignment contained in this report as the
alternative advanced for further consideration by the City of Bakersfield Planning
Commission. Clearly, the intent was and the direction by the Planning Commission was
to further study the red alignment. Page 1.2 Section 1.4 talks about the approval of the
December 1988 environme.ntal impact report and 1999 supplemental environmental
evaluation of the revised preferred alternative. There is a very extensive description
about the revised preferred alternative on Page 2-1 that talks about the alignment and
interchange locations. The'exhibits Page 3-1 and 3-2 simply shows the revised
preferred alignment. It doesn't show any of the other alternative alignments or the
current preferred alignment. Mr. Mclntosh said there is an extensive noise analysis on
Page 3-26 that talks about the decibel levels and the impact of the contour which is up
to 1,450 feet away from the centerline of the roadway.
Mr. Mclntosh said that his point is that substantial and significant further evaluation has
been provided of the red alignment, however, there have been recent changes in the
blue alignment that he needs to point out to the Commission. Within the last year, his
firm processed and the Commission approved Vesting Tentative Tract 5933 which is a
20-acre subdivision bisected by the blue alignment and they have already started the
Minutes, PC, December 16, 1999 Page 8
processing on Vesting Tentative Tract 5971 which is another 40 acres adjacent and
immediately west of the other tract. The blue alignment goes through the two
subdivisions and as the Commission knows, on Vesting Tentative Maps, the Vesting
gives the developer the right to build houses. There is another 60 houses that would
be built within the 25 year period as the developer continues on with his development
and pulls permits and builds in there. The blue alignment would impact those additional
60 houses. Mr. Mclntosh did not see where that was addressed. He thinks that the
residents who live along the blue alignment and the property owners deserve to have.
additional environmental evaluation done similar to what was done in the red alignment.
Fred Brown, a resident in the area affected by the new Hosking alignment, had some
questions for the Commission regarding the EIR. He asked if the Planning Commission
was aware of just how many residents were affected by the northern alignment? He
also asked if the specific plan line could be built sooner once the Ell:{ was approved?
For example, can funding from another project (such as the Kern River Freeway) be
transferred to the Southern Beltway project?
Bob Maldonado, a resident, stated that if a freeway were built, flooding would be really
bad in his area. He also said that instead of going 10 miles east, it would save money
by going two miles north to connect into the current 58 freeway.
Michael Davidson, a resident near the Hosking alignment, said that he moved here 10
years ago to get away from freeways and now he is unhappy to hear that one may be
put in his back yard.
David Miller, a resident on the corner of Muller and Fairfax, said that if this freeway
goes through, his house will be bulldozed. He gave an alternate route for the freeway
that would save a lot of people's homes.
No one spoke in favor of the project. Public portion of the meeting was closed.
Mr. Grady entered a letter into the record from Teri Bjorn of Clifford and Brown
summarizing her understanding from the meeting that we would be including in our
resolution language that would allow for the oil and related operations to continue into
the right-of-way and she asked that we enter it into the record.
Commissioner Brady stated that he would like to address some of the issues raised.
The first one Mr. Kind raised that in the EIR the noise study is apparently not included.
Mr. Brady said it was not included in his either and asked staff why? Mr. Gauthier said
that he was not aware that some of them didn't have it. Most of the sets have it but
there must have been a set that an error was made in reproduction. Commissioner
Brady asked the other Commissioners to check their books to see if they have the
information. Some had the information and some did not.
Commissioner Brady asked staff about the suggestion by Mr. Kind that the EIR,
specifically with regard to noise and the cohesiveness of the neighborhood, suggests
that we would handle that in a further study and asked staff to respond to that
contention. 'Jeff Zimmerman, consultant with Woodward Clyde, said that a full noise
Minutes, PC, December 16, 1999 Page 9
study was done on the different alignments. They used federal, state and local criteria
when they conducted the study. After looking at all three, they determined that a level
of 67 dBA LDN would determine the threshold. If it went over that threshold then, it
would be over the three levels of criteria. They used a noise model from CalTrans.
Commissioner Brady asked if they looked at an eight lane freeway? Mr. Zimmerman
stated that he would have to check but he knows they looked at a 4 to 6 lane freeway.
Mr. Zimmerman stated that adding additional lanes to a six lane freeway does not
change the noise level very much. He stated they modeled a cross section of a
freeway with full traffic at capacity which would produce the highest level of noise.
Capacity of noise is looking at the highest speeds that would travel on such a freeway
at the densest level. Noise on freeways actually goes down when there is congestion
because cars are traveling slower. The maximum noise level is reached when you are
at a Level of Service C. This was measured out to 1,400 feet from the freeway on both
sides. They identified a number of areas that would be impacted by noise. When they
look at the threshold level, that is the criteria at which a significant impact would be
determined and at which time the impact would be mitigated. Lower levels than that
still produce noise but is not considered significant. They noted in the Ell:{ that the
corridor would not be developed for perhaps 20 to 30 years and that there would be
additional housing at that time and you would have to do a full analysis at that time to
mitigate it.
Commissioner Brady asked Mr. Zimmerman then if it is their opinion that at the time of
construction further noise studies would be required to determine where noise barriers
will be erected? Mr. Zimmerman said that regardless of what you do, you would do a
new noise study at the time the freeway is built because circumstances change,
threshold of criteria might change, and federal and state regulations might change.
There is no doubt a further study and analysis would have to be done on the noise
issue.
Carl Hernandez stated that one important concept the Commission needs to
understand regarding the EIR is that the EIR before them is what's called a tiered EIR.
What CEQA allows is that you can have a number of environmental documents
depending on the type of decision that's before you. In this case you are trying to set
the specific plan line. With a tier one document, CEQA allows you to evaluate broad
environmental issues and then at the construction and design stage of the project
CEQ^ requires you to focus on the more specific and site specific criteria for significant
effects that have been studied in the previous EIRs. Mr. Hernandez stated that this will
not be the only EIR that is performed for this project.
Commissioner Brady confirmed with Mr. Hernandez that there is no way that at this
time it can be determined what the design of the overpasses and underpasses will be
or their location in 1999 when construction will not take place before 2020 or 2030. Mr.
Hernandez said that is correct. That is the concept of having the tiering document. To.
be able to evaluate broad issues and later to narrow in and focus with further EIRs.
Minutes, PC, December 16, 1999 Parle 10
Commissioner Brady asked for a comment from the consultant or staff on what the
adequacy of the discussion regarding whether number one the environmental
document addresses merely drawing the line and the effect that might have on the
cohesiveness of the neighborhood and second the actual construction of the freeway
as a separate issue.
Mr. Zimmerman stated that neighborhood cohesiveness is addressed in both
documents. It is brief but to the point and was identified as a potentially significant
impact, On Page 3-107 in the blue document mitigation was identified for such an
impact. Mr. Zimmerman also pointed out that one of the purposes at this point of
locating the corridor is to identify that corridor so that development goes on either side
not in the middle so you are not going through in years to come relocating all the
homes within that corridor. Corridor protection is the basic attempt in this document.
Mr. Hernandez stated that a social or economic impact itself cannot be evaluated as a
significant effect caused by the project. CEQA law says that local agencies are not
required to address those impacts.
Commissioner Brady asked Mr. Zimmerman if he feels that the document addresses
the issues about the significant flooding that has occurred in the area historically and if
running a freeway through this area will create a dam and increase the level of flooding
on adjacent properties? Mr. Zimmerman said the document does address flooding. He
pointed out figure 3.4-1 in the blue covered document (the original EIR) which identified
that all of the alignments would cross through the floodplain. The mitigation states that
at the time of design they need to take into consideration not changing the extent of
flooding or exasperating the type of flooding through drainage channels or adding
additional culverts under the freeway to allow the floodplain to cross so that it stays the
same. Commissioner Brady asked staff if the impact of flooding had adequately been
addressed in the three documents? Mr. Zimmerman stated yes and Mr. Gauthier
stated yes.
Commissioner Brady said that recently they had been told that a new traffic study had
been done which indicated that there was a traffic flow difference in what the various
routes would handle and asked if there is such a study if that is a part of the
environmental documents? Ms. Shaw said that it is a part of the environmental
document. Some figures have been presented. Ms. Shaw referred to Section 322 on
Page 3-6 or 3-7 of the supplemental EIR. Commissioner Brady asked if the Kern COG
model'is what we use in this area for all efforts to determine traffic forcasting? Ms.
Shaw said it is used for all general plan amendments and traffic studies. Commissioner
Brady asked why the year 2030 was chosen? Ms. Shaw stated that it is a year of
horizon, that is, a few years after they expect the freeway to be built. Commissioner
Brady stated that there have been some concerns that somewhere some money would
appear and the freeway would get constructed sooner. He asked Ms. Shaw for a
comment? Ms. Shaw said there is no money expected to be attached to this freeway at
least until the year 2017. It is not on Kern COG's list for construction.
Minutes, PC, December 16, 1999 Page
Commissioner Brady asked Mr. Kind if the request for continuance was on the
adequacy of the EIR or choosing the alignment? Mr. Kind stated it was for both items.
The people on the Hosking Road corridor were under the impression they were no
longer under consideration and they just found out they are still the preferred alignment
and there has not been adequate time for the neighborhood to get together to address
the issues that they thought had been put to rest 6 to 8 months to a year ago.
Commissioner Brady stated that another issue has been raised that a year has passed
since anyenvironmental study has been done concerning the other routes other than
the "red line" preferred reute. Does staff have a comment about the development and
changes that have occurred in the last year that have-not-been' addressed in any
environmental document and do we have enough information presently to make a
determination in light of the lapse of time? Mr. Hernandez said that he understands the
concern that has been stated but feels that it would be speculative to try to study that
because tentative maps that come in for renewal and tentative maps expire and there
is no way to be certain that a certain vesting tentative map that has been approved is
going to be finaled and whether houses are going to be constructed within the area.
The rights that those maps have cannot be affected by any decision of the Planning
Commission once they have vested. Mr. Hernandez also stated that it appears that
there is some concern as to whether the draft EIR that was done needs to be restudied
in light of new information that was brought up in regards to the blue alignment. He
believes that the City is not required to perform any other study or recirculation of the
draft Ell:{ because there was no "new" significant issues which were brought to the
city's attention with the study of the blue line or any other new significant environmental
issues that have been ~raised through any of the hearing processes they have had
including today.
Commissioner Brady said that he has a concern that there may be new issues that
have come up in the last year that haven't been addressed because we did not
recirculate the document to the agencies and the people based on present day
circumstances. Commissioner Brady asked Mr. Hernandez if the passage of time is
irrelevant with regard to whether this EIR is adequate to address all the environmental
concerns? Mr. Hernandez stated that the law makes clear that the passage of time
does not effect the status of an environmental document as long as there are no "new"
environmental impacts which have either been brought to the Commission's attention
through public comment or through the consultant that has done the work to date. The
consultant has reviewed the documentation and has found there are no new significant
environmental effects since the Commission last addressed the draft EIR. In addition
to that there are no new environmental effects which are raised with the additional
information that was done for the blue line study that is shown on the screen.
A five minute break was taken.
Commissioner Dhanens asked if in respect to CEQA Guidelines if it is required for the
consultant to look at the cost or the cost benefit analysis of the various alignments and
do some kind of study to determine which one would be more cost effective based on
its configuration? Mr. Hernandez stated that CEQA just requires that the different
project alternatives and their different environmental impacts be compared with one
Minutes, PC, December 16, 1999 Page 12
another. CEQA does not require that the city do a cost benefit analysis on each of the
project alternatives.
Commissioner Dhanens asked Mr. Hernandez if the cost benefit analysis would be
done at the time of construction. Mr. Hernandez answered that CEQA does not require
an analysis be done at that time either.
Commissioner Dhanens said that since it had been a year since the original
environmental document was written and there had been some Vesting Tentative
Tracts approved if that would be considered a significant environmental impact that
would need further study? Mr. Hernandez stated any study would be clearly
speculative. There is no guarantee that a tentative map would ever be built. Mr.
Hernandez said it is an economic issue not an environmental issue.
Commissioner Dhanens stated that he feels comfortable in the environmental
document and the teStimony being considered has been adequate to address all of the
alignments.
Commissioner McGinnis stated that he shared Commissioner Dhanens comments. He
stated that he feels comfortable with the environmental impact report. Commissioner
McGinnis stated that he feels it is their job to try to find an alignment that will effect the
least number of people and still move traffic the way they are set out to do at this time.
Commissioner Sprague stated that in the committee meeting on Monday no specific
line was chosen. Regarding the EIR, he feels that staff and Woodward Clyde have
discussed the issues regarding noise. Commissioner Sprague asked staff if an
alignment was chosen in the area where the additional study was made around Bear
Mountain Road if it would have any effect on the environmental impact report in any
way? Mr. Hernandez stated that the only concern he would have from a legal
standpoint would be how another alignment would affect the noticing that has been
given to the community. If an alignment was chosen outside of the notice area, it would
be a concern.
Commissioner Sprague asked if, out of the six alignments, they were mixed or matched
and an alignment was picked, if that would affect in any way the environmental impact
report in front of them now? Mr. Hernandez stated that it was staff's opinion, it would
not change the basis for the adequacy of the document itself.
Commissioner Sprague stated that he was having a tough time supporting the approval
of the environmental impact, report tonight without knowing where they are at with some
type of specific line .corridor that they could be working with and basically he is leaning
toward supporting a continuance of the environmental impact report subject to the next
item on the agenda which is the beltway alignment.
Commissioner Kemper stated that she is in agreement with Commissioner Dhanens in
that the environmental impact report has adequately met .the requirements of the law.
Minutes, PC, December 16, 1999 Parle 13
The flood issues she feels are addressed adequately in the Tier 1 document and does
not feel the issues should delay the approval of the environmental impact report. They
can be addressed more specifically at a later time.
Commissioner Brady stated that he had an opportunity to review from the
environmental impact report Pages 354 - 361 that deals with the noise studies. He
stated that he had read them before in a previous document and he reread them now
and feels they do address the issues of sound walls and each of the particular
alignments and he feels that they are satisfactory with regard to meeting the criteria
necessary for approving this draft environmental impact report.
Commissioner Kemper asked Mr. Hernandez if the Commission chose a "mutation"
route would it be conceivable that they might need to have a continuance and re-notice
the residents in the area? Mr. Hernandez said that a re-noticing would not be
necessary if it was in the corridor that was studied. Regarding the specific plan
alignment, there is a potential that re-noticing might be necessary if the alignment falls
outside the noticing areas that were provided for the project.
Chairman Tkac asked Mr. Hernandez if a person buys a home in the area, how long
has it been noticed that a freeway might be going in there? Mr. Hernandez said that it
is important to note that the South Beltway has been an element of the general plan for
some time and now we are going forward to set a specific plan line. So, with regards to
notice about the alignment going in the area, the general plan shows it. The legal
requirements of giving notice are when a public report is given to the State of
California, there is a requirement that certain types of information be included in that
report that give notice to persons who are going to purchase the property of any
particular items that may be of importance to the individual making the decision to
purchase the home. Mr. Hernandez says that he believes homeowners are provided
that type of information through escrow or prior to escrow so that they can. know what
types of matters may be affecting their purchase.
Chairman Tkac asked Mr. Zimmerman if he could give a brief statement of when an
environmental impact report is put together how do you arrive at the recommendations
you make regarding all aspects of pollution? Mr. Zimmerman said they looked at the
standard that is normally addressed on this type of project. They were hired by staff
because they have a lot of experience on transportation projects. Based on that
experieni:e they look at all of the issues that need to be addressed under CEQA..
There is a whole range from dust to air pollution, noise, visual effects, etc. that you are
required to take under consideration of whether there are any significant environmental
impacts caused by the action the lead agency might take. They are grouped into
categories and each are addressed.
Chairman Tkac stated that he was satisfied with what he has seen. They have gone
overboard to look at in detail and given the fact that in time there will be other reports
done along the way, he is prepared to certify the EIR.
There were no other Commissioner comments or questions.
Minutes, PC, December 16, 1999 Parle 14
Motion was made by Commissioner Kemper, seconded by Commissioner Dhanens, to
adopt the resolution recommending certification of the South Beltway Transportation
Corridor Final Environmental Impact Report with findings as presented in resolution
Exhibit "G" to the City Council subject to approval of mitigation measures shown on
Exhibit "C" with the inclusion of two memos, one dated December 16 and December 7,
1999, from city staff.
Commissioner Dhanens stated that it appeared to him that contents of the December 7
memo were reiterated in the December 16 memo. He stated that they seem to address
the same issue with regard to current oil and gas exploration issues.
Mr. Gauthier answered that one ofthem'has to do with oil and gas issues. The other
one were some additions to the resolution made by Carl Hernandez. Mr. Gauthier said
that the memos are separate and the motion Commissioner Kemper made is
applicable.
Motion was carried .by the following roil call vote:
AYES:
Commissioners Brady, Dhanens, Kemper, McGinnis, Sprague
Tkac
NOES: None
ABSENT: Commissioner Boyle
A 20 minute break was taken at this time.
PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS, ASSOCIATED REZONINGS,
ORDINANCE AMENDMENTS, AND CIRCULATION ELEMENT AMENDMENTS:
-9.1)
General Plan Amendment File No. P98-0760 - Kern COG, County of Kern
and City of Bakersfield (Wards 1,3,6, 7)
Staff report given by Ms. Shaw of the Public Works Department. Ms. Shaw
stated that any of these alignments will affect people's homes but the blue line
alignment (Hosking alignment) best serves the City of Bakersfield as a whole for
carrying traffic. Ms. Shaw stated that the Public Works' staff has got to
recommend to the Commission that that particular alignment be recommended
to the City Council as the preferred alignment.
Public portion of the meeting was opened. The following people spoke in
opposition to the recommendation.
Mr. Ken Kind, representing the property owners of the Hosking Road corridor,
stated that he found it hard to believe the traffic figures alone weren't a factor
that would have changed the EIR in the past year. He feels that the corridor
should be selected on not how many people would be displaced but by how
many people it would "impact." You can't just count the number of houses that
Minutes, PC, December 16, 1999 Page
will be bulldozed. The houses within 1,000 or 2,000 feet should have rights,
too. At the latest count, there are around 750 houses out there which means a
couple thousand people whose lives are going to be irrevocably changed if this
corridor is adopted.
Roger Mclntosh, representing Delfino LLC, showed the Commission what
impact the Hosking Road alignment would have on two tentative tracts. He
stated that this area is a prime area where it is no longer viable to use as an
agriculture area. It is a 20-acre parcel and a 40-acre parcel and it is his feeling
that the subdivisions will build out in the next ten years. Mr. Mclntosh stated
that he looked at the traffic tables and the ADT shown on the Hosking Road
alignment and he would question the number of 122,000 cars per day vs.
16,000 cars per day on the alignment two miles to the south. He asked the
Commission that when they consider the alignments, they need to think of the
volume and the immense traffic that this model is projecting to use of the
Hosking Road alignment. Mr. Mclntosh suggested that the model be looked at
and see what assumptions were used.
The following homeowners within the blue and red alignments spoke in
opposition: Deborah Harrison, Arlene Collins, Bonnie Quoinnes, Ms. Lockridge,
Tom Baine, Michael Lehman, Ron Hobart, Xavier Reyes, Clark Skinner, Penny
Manning, Marilyn Balfour, Butch Kelly, Betty House, Matt Whylan, John
Sternaman, Ray Lemee, Jim House, Norm Mashow, Bruna Lemee, and Alma
Kirby.
Dennis Fox spoke in favor of the project except for the east side of the
alignment.
John Cicerroni stated that he was not sure if his comments were for or against
the preferred alignment but his comments are specific to terminating at
Comanche Road and Highway 58. He asked if city staff was in favor of that?
Ms. Shaw said that staff's comments and support were pretty much limited to the
area through the core of the city which is around 99. With regards to the east
extension that is pretty much in the county's jurisdiction. The city has taken a
look at connecting at Comanche and that is as effective as the other alignment
which connects further to the east. Staff feels that either one will work quite well.
Mr. Cicerroni stated that he would take that as a yes and reserve the rest of his
comments in support of terminating at Comanche.
The following people spoke in favor:
Mr. Cicerroni, representing various property owners in East Bakersfield, stated
that they were in favor of terminating the beltway at Comanche. He said that
over the last two years they have submitted letters to both city and county
planning. There are numerous reasons for terminating at Comanche, such as:
Minutes, PC, December 16, 1999 Page 16
cost, better service for cultural entertainment and recreational centers, better
service for existing proposed housing, greater preservation of ag land and finally
terminating in a method so that it will permit continuation of a beltway down
Comanche, connecting to Alfred Harrell and points north.
Commissioner Sprague asked Mr. Cicerroni if he was saying that the beltway
should terminate and intersect with Highway 178 and Comanche? Mr. Cicerroni
stated that they think it should terminate down Comanche connecting with Alfred
Harrell Highway.
Pauline Larwood, representing Sunridge Nursery, spoke in favor of supporting
staff's recommendation terminating the South Beltway at Comanche.
Stan Antongiavanni asked the Commission to rise above the emotional issues
and do the best thing for Bakersfield not necessarily for a neighborhood. Keep
in mind that they are voting on behalf of 250,000 people not just himself as a
landowner and individual homeowner. He stated he supports staff"s
recommendation of the blue line.
Dave Cross, representing property owners at Bear Mountain Blvd. and Freeway
99, supported the Bear Mountain route.
Public portion of the meeting was closed.
Commissioner Kemper stated that when this came before the Commission over a
year ago, it was in response to a City Council person whose concern was that in
the 2010 Plan the alignment that had been on the map for years was in an area
that was already developed near Pacheco. It was obvious the City needed to
come up with another beltway route because that area was already built out.
One of the reasons City staff came up with the proposal for the blue line was
because of trip numbers. In order to get the money to build the freeway, you
have to have the numbers to justify it. The closer it is placed to the city, the more
trip numbers and money. Commissioner Kemper stated that she is not in favor
of either the blue line or the red line. She is not sure if a decision could be
reached tonight.
Commissioner Sprague stated that he feels in the true sense of the word, Bear
Mountain is probably the best alignment going out but not terminating at Malaga.
It should align along Comanche and come out at 178 and possibly going north at
a later date when a north/south beltway is considered. He stated that if the
specific line that is chosen tonight or at a later date is selected it is his belief that
they not only need to consider the existing people that are going to be displaced
but also the existing tentative and vesting tentative tract maps that are already
on the board.
Commissioner Sprague mentioned that last year when he started making
comments on the subject that maybe they should look at tweaking south of Taft
Highway in the Pumpkin Center area 600 feet or so and possibly getting around
Minutes, PC, December 16, 1999 Page 17
the Curnow Road area where it is open farm land and then laterally out
connecting into 99, going out to Cottonwood Road and then laterally east to
Comanche and coming up Comanche. He stated that that is what he thought
they were going to get when it came back as an additional environmental
evaluation booklet. But it came back as the Engle Road alignment (the red line).
Engle Road is quite a bit removed from Taft Highway and consequently when
you get that far south of Taft Highway, you will obviously generate lesser traffic
units and trips per day on Engle Road. If you go between those, traffic
generation would go up. A line needs to be set to accommodate for projected
future growth and development in the north and south areas. Commissioner
Sprague said that it is his belief that we can choose a Bear Mountain Road
alignment or they could choose an area between Taft Highway and Curnow
Road, lateral across farmland, slightly curve up Comanche, build up the roadway
over the floodplain, drain it, and terminate at Highway 178 and it would not affect
any homes or less than five homes if at all. Commissioner Sprague suggested
that this be referred back to committee to look at some other alternatives as long
as it is within the area of the EIR that was approved and perhaps the
Commission could arrive at a conclusive specific line that will work for the future
and work for the citizens of Bakersfield.
Commissioner Dhanens stated that the 2010 General Plan established a South
Beltway Line that was adjacent or near Panama Lane and Pacheco. It has been
built out and no specific plan line was adopted so, therefore, reservation of right-
of-way did not exist at that time. The Commission is trying to do that at this time.
Until the line gets drawn on a map, the agent (or developer) doesn't know what
to tell future home buyers.
Commissioner Dhanens explained the EIR process and explained that as
Planning Commissioners appointed by the City Council they have a responsibility
to look at issues that affect the entire City of Bakersfield. Not one particular
neighborhood over another.
Commissioner Dhanens asked Ms. Shaw if the traffic numbers were based on a
Kern COG modal that is used every time a general plan amendment or zone
change is presented in terms of addressing traffic impacts? Ms. Shaw said
"yes".
Commissioner Dhanens asked Ms. Shaw what the difference is between the
figures that were used a year ago and the figures that are presented now? Ms.
Shaw stated that they are using a 2030 modal which is a projection 10 years
further down the road. Commissioner Dhanens asked if there were any other
factors at work besides the additional 10 years. Ms. Shaw stated that what is
taken into account is what they expect the circulation system to be in that year'
2030. Between the older model that was done for the previous study and this
one they did take a closer look at. several segments and made some changes. It
has to take into account the buildout of the land uses that are allowed by the
general plan but all those assumptions are based on the projections, projecting
out an additional ten years.
Minutes, PC, December 16, 1999 Page 18
Commissioner Dhanens also asked Ms. Shaw if it also takes into account that if
the project were approved, that the land uses in that area would change to a
point where they would be more dense or would be developed faster because of
the project or that additional land that is now agricultural be converted to some
other use because of the freeway and its growth inducing impact or is it just on
the books today? Ms. Shaw said they use what is on the books today as a
basis. The demographers at Kern COG do make their best guess as to how
those land uses would develop.
Commissioner Brady stated that he sees his role on the Planning Commission as
a problem solver. He put a lot of research and personal time in this project and
he is not just trying to solve the problems of those in the neighborhoods now but
the people who are going to live in this city in 30 years. One of the problems will
be how to move traffic from point A to point B. The problem is going to exist and
staff is trying to solve the problem. He stated that he will not support now or in
the future the Hosking Road alignment. The City should live by the decision they
made. Bear Mountain would not solve the problem of moving a significant
number of people. Commissioner Brady stated that he thinks Engle Road is too
far south and that people would not be willing to drive that far south to go north.
When the Commission voted to have a new alignment, he believed that the new
alignment would be just to the south of Taft Highway so the existing businesses
would not be disturbed. He believes that if the alignment were moved 600 to
1,000 feet south of Taft Highway and Taft Highway became a frontage road that
there would be enough separation so that traffic would not be affected. He
stated that he would support that alignment. It is the best alternative that they
could go to.
Commissioner McGinnis said that he personally could not make a decision at this
time. He does not care for either the blue or red line. He does not have enough
information to select another alignment at this time. He feels that the best
solution is to refer this item back to a committee and go on with the rest of
tonight's agenda.
Commissioner Sprague stated that he did not support either the red or blue
alignment and does not support Mueller Road as proposed. He stated that he, if
there are no other Commissioner comments, would like to make a motion to
continue this and refer it to the beltway committee that was established to work
with staff to come up with another concept beltway that reportedly could go south
of Taft Highway in the Curnow area approximately 600 to 800 feet south of Taft
Highway and then to Cottonwood Road and lateral east gently moving up to
Comanche and going in to terminate at Highway 178. Commissioner Sprague
stated that this is a possibility they could work out that would work for the city and
consequently that is his motion.
Mr. Grady told the Commission that if they continue this matter that it could not
be heard again until the next general plan cycle. The first meeting in January
has been canceled so the earliest this could come back is the second meeting in
Minutes, PC, December t6, t999 Parle t9
January and there would not be enough time to notice it for the scheduled
hearing in February in front of the City Council for the cycle. So, the earliest it
could be heard would be the March general plan cycle.
Commissioner Brady asked Commissioner Sprague if his motion was specific
· enough to give enough direction to the committee to prepare that specific
alignment and to eliminate the other alternatives from consideration?
Commissioner Sprague said that he thinks the committee can have an open
mind to a specific line that can be drawn within the area of the EIR and that all
areas could be looked at and have some current aerial photos available so that
they can see layouts and how it is effective as the beltway runs. It doesn't have
to run specifically south of Taft Highway in a specific area. He hopes that staff
would be able to generate factual material that they would need including
Vesting and Tentative Tract Maps that are on the board at this point in time and
possible consultation with Woodward Clyde on some of the work they have
included to arrive at the decision of the approval of the EIR.
Commissioner Brady asked Commissioner Sprague if he would consider an
amendment to his motion to eliminate the Hosking Road Alignment and the Bear
Mountain Blvd. Alignment as a consideration? Commissioner Sprague stated
that he thinks that Bear Mountain should be left in as a consideration because it
has been addressed several times. Leaving it in he feels would not be a
determent. He would clearly amend his motion to include the termination of the
Hosking/McCuthcheon as being a preferred route and also eliminate it from
discussion in the future.
Commissioner Dhanens stated that 12 months ago the Commission made a
similar suggestion and it took exactly 12 months to get it back in front of the
Commission again and it seemed like a lot of it had to do with the environmental
document and going to the Council to get additional funding. Would it have the
same problem this time?
Mr. Grady said that if the Commission picks an alignment that stays within the
corridor that was already studied and we do not have to have any additional
environmental analysis we might not have the same problem. But we might run
into some things that would require an additional environmental analysis and
may require additional funds which we do not have and which could delay the
project from being heard in March.
Commissioner Dhanens asked staff if the Commission were to pick an alignment
tonight that is a combination of ones that had been looked at before, what type
of logistic problems from staff's point of view would be in doing that? Could it be
done? Mr. Grady said that you would have the same problems that you had
when staff brought the Commission the Hosking alignment and then asked staff
Minutes, PC, December 16, 1999 Parle 20
to look south. No one is expecting the line to be anywhere but where it is right
now. The environmental information is sufficient for the Commission to make a
decision but residents and property owners would have to be noticed that the line
has been moved in a big way.
Commissioner Kemper seconded the amended motion. Motion carried by group
vote.
Mr. Ken Kind confirmed with Chairman Tkac that Hosking Road is off the table
and will not be back as an alignment. Chairman Tkac said "yes, that is correct."
A five minute break was taken.
9.2.a & b)
General Plan Amendment and Zone Change P99-0697 - Martin-
Mclntosh (Ward 4)
Staff report recommending approval of the general plan amendment and denying
the R-2 zone change was given. Staff suggested that a condition of the general
plan amendment should be that the change in zoning only be made with a PUD.
Commissioner Dhanens declared a conflict of interest. Commissioner Boyle
does not have a conflict as stated earlier in the meeting.
Public portion of the meeting was opened. The following people spoke in
opposition to staff's recommendation for the General Plan Amendment:
Jeff Darling, a resident of the Polo Grounds, presented the Commission with a
petition of 250 signatures of residents in the Polo Grounds opposed to the
General Plan Amendment and Zone Change. Mr. Darling stated that they are
opposed to the project because the zone change has come after the properties
were purchased. Careful consideration by all of the property owners before
purchasing the property making an educated decision upon where they wanted
to live. The school districts were looked into, the crime rate was looked at and
they reviewed the area with Realtors. They checked the zoning before the lots
were purchased. They accepted the commercial zoning at that time. There is
zoning for multiple family dwellings 1/4 mile to the east and they accepted that
also. Population density is another reason they are opposed. It will increase the
population by at least 500 people. Mr. Darling asked what is the effect of this
rezoning on the Polo Ground density cap? What effect will it have on the
schools? Commercial zoning has no effect on the school district but multiple
family dwellings would have a dramatic effect on the school district. The
residents feel the area needs more commercial sites and feel that property
values will be decreased. Mr. Darling and the property owners strongly urged
the Commission to reject the purposed zoning change.
The following people spoke in opposition of the zone change and agreed
Commercial zoning is the right zoning for this corner: Claude Durham, John
Brown, Chris Riley, Jim Egan, Mike Bindel, Les Hill, Natalie Sween, Alisa Turner,
Shelly Hill, James Bally, John Turner and Laura Birely.
Minutes, PC, December 16, 1999 Page 21
Brian Shetler said that he was also opposed to the zone change but that it was
proposed to him that the lot which is odd shaped would be changed to a
rectangle shape to make the lot more useful, Roger Mclntosh, representing the
owner of the property Calloway Associates, spoke in favor of the project. Mr.
' Mclntosh put together a map and showed it on the overhead the situation at the
corner of Calloway and Olive. He stated there are two canals there. The
Calloway Canal cuts the corner off and leaves about a six acre parcel at the
corner. The Calloway Canal is owned by the North Kern Water Storage District.
The Friant Kern Canal is a federal project. The 16,342 square feet property that
is left is owned by Calloway Associates also. It is not big enough to be a viable
commercial site. It is his understanding that the city is working with the Friant
Kern users (the Federal Government) to try to put in a bypass pipeline that would
run through the intersection to replace'the Friant Kern Canal. If that were to
happen, the Federal Government would still own the property or there might be
some provision to trade the property with the City of Bakersfield. Someone other
than the current property owner of the C-1 property would own the land. Mr.
Mclntosh stated that this does not make a good commercial corner with two
canals 16,000 square feet, no frontage on one arterial and a lot of frontage on
the other arterial. The property owners are proposing a multi-family subdivision
with public streets with one access on Calloway. The property owners are
proposing four-plex units ranging from $625 to $750 a month. They are made up
of one, three bedroom unit with two baths, and three, two bedroom units with two
baths. The units range from 900 square feet to 1,100 square feet. They have
garages. This is not the typical apartment complex that is being proposed. They
are all one story units,
Mr. Mclntosh then went over what could be put in a C-1 zone which include: Any
uses permitted in a C-O zone (commercial office), apparel and speciality shops,
autOmotive service stations, bakeries, book stores, candy stores, Christmas tree
sales, Church, cosmetic stores, drug stores, florists, fireworks, etc. Mr. Mclntosh
said that the uses in a C-1 zone would have more impact on a neighborhood
than R-2. By the time you have loading dock areas, garbage sites, dumpster,
lights and glare, and also the height restrictions in a C-1 zone is that you can
build up to four stories. Also, under a Conditional Use Permit, any of the uses
permitted in an R-l, R-2, R-3 and R-4 zones can be built.
In addition, Mr. Mclntosh stated, that there were some assumptions made in the
staff report regarding the size of the site. There is some discussion that it is a
16.36 acre site and assuming that 25 percent of the area would be used for
public roads, that would leave 12.27 acres. Mr. Mclntosh stated that they have
come up with about 13.69 net acres which at ten dwelling units per acre would
allow for 136.9 units. Mr. Mclntosh said that if they don't build multi-family on
the property, it won't get built as a commercial site until there is some resolution
to the canals. They agree with staff's recommendation and ask the
Commission's approval.
Public portion of the meeting was closed.
Minutes, PC, December 16, 1999 Page 22
Commissioner Sprague thanked the audience for coming out and waiting
through the beltway discussion. Commissioner Sprague asked staff if this was a
PD overlay or if it is just straight C-17 Mr. Grady answered that the City does
not have an overlay zone so it is straight C-1. Commissioner Sprague asked Mr.
Mclntosh if the owner of the property was compensated for the canal going
through the property? Mr. Mclntosh said the canals were put in before the
current owner acquired the property. Commissioner Sprague asked if there was
room for a secondary emergency vehicle access on Calloway? Mr. Mclntosh
stated that they are proposing to have the secondary emergency access as part
of the multi-purpose trail. Commissioner Sprague asked how wide the access
is? Mr. Mclntosh stated that he believed the access to be 20 feet?
Commissioner Sprague asked if it was the same owner for both pieces of
property? Mr. Mclntosh replied in the affirmative. Commissioner Sprague stated
that he has reviewed the project and supports staff's recommendation to deny
the change to R-2.
Commissioner Boyle stated that he had talked to a few members of the audience
but the discussions were limited to the beltway alignment and the difference
between general plan amendments and zoning changes. They did not discuss
the specifics of their project.
Commissioner Boyle asked staff why there is such a difference in the
environmental analysis saying there is no significant impact to schools but the
Kern County Superintendent of Schools is recommending denying the project
because there is a significant impact? Mr. Grady said that the Superintendent of
Schools is speaking from a financial standpoint. Not necessarily that it will be an
overcrOwding situation. There is a statutory requirement that sets what the
school district's fee is. They recommended that if this project gets approved, that
it gets annexed into a service area that they have where they collect money to do
additional stuff with schools out there. When one looks at the map of the project
it seems difficult to understand how this project could cause overcrowding of the
school when you have undeveloped single family residential coming in with
single family homes in the future.
Commissioner Boyle said that he would not be in support of this project at this
time. He does not believe in changing the general plan and zoning too early in
the development of an area. We shouldn't change what we have too quickly
until we know what we as a city and a community want out of a development.
Commissioner Brady asked if there has been any discussion with the Calloway
Canal to see about piping that underground also? Roger Mclntosh said that it
had been talked about but more in line if the Friant Kern Canal were to be
acquired by the city, it would open the corner with about six acres and they could
underground the Calloway Canal as well and have a good commercial corner.
Minutes, PC, December 16, 1999 Parle 23
Commissioner Brady said that the only way he would consider allowing a zone
change is if they could provide evidence that you can't use this property as
commercial. If you are saying that it is just not convenient at this time, he feels
· that is a different set of circumstance. Commissioner Brady asked Roger
· . Mclntosh if its his client's position that they cannot build out this property as C-1
due to.the restraints of the canals? Roger Mclntosh said it is their position due to
experience that it is an undesirable commercial corner.
Commissioner McGinnis asked staff if them was some discussion at Monday's
pm-meeting about going underground with the Calloway Canal? Mr. Gauthier
said that what they talked about. Mondaywas that they am going to go
underground at the intersection but not right now.
. Commissioner McGinnis asked staff about the letter from the San Joaquin Valley
. Air Pollution Control District saying this activity would contribute to dust and air
i mass in that area? Mr. Grady said that is the typical letter they get from air
' districts on all commercial projects with regard to dust that is generated from the
construction of the project. Commissioner McGinnis said that he would support
the site to remain as C-1.
:Commissioner Sprague asked staff if a CUP is necessary to put a mini-storage
and RV storage on that corner as was originally planned under the C-1 zoning?
Mr. Grady said that is correct.
~ Motion was made by Commissioner Boyle, seconded by Commissioner
McGinnis, to adopt the resolution approving and adopting the negative
declaration and denying the requested general plan land use element with
findings as will be presented in the attached resolution and recommend said to
;the City Council.
Motion was carried by the following roll call vote:
, AYES:
Commissioners Boyle, Kemper, McGinnis, Sprague, Tkac
NOES:
Commissioner Brady
'ABSENT: Commissioner Dhanens
Commissioner Boyle asked that since the general plan amendment was denied if
there was any zone change to be considered? Mr. Grady said "no" because we
were recommending that you not change the zone.
!Roger Mclntosh asked how you appeal a "no action." Mr. Hernandez said that
;typically when you deny a general plan amendment, then you are in effect saying
you can't make the zone change either. However, to allow the applicant the right
to appeal before the City Council, the Commission should make a motion to deny
the requested zone change.
Minutes, PC, December t6, 1999 Parle 24
Commissioner Brady asked if the motion is just to deny the R-2 or should there
be some reference to staff's recommendation regarding the PUD? Mr.
Hernandez said what the Commission is actually doing is both denying the
proposal of the proponents of the zone change and also the Commission is not
accepting staff's recommendation that a PCD be brought back to the
Commission so what needs to be done is a motion should be made to deny both
staff recommendation and applicant's proposal or you could just deny the zone
change. Commissioner Brady said that he would just like to make it clear for the
record that he would agree with the motion to deny the request for the R-2 but he
would be in support of staff's recommendation for the PUD.
Commissioner Boyle made a motion, seconded by Commissioner McGinnis, to
adopt the resolution approving the Negative Declaration and denying the
requested zone change with findings to be presented in attached resolution and
recommending the same to the City Council. Motion carried by the following roll
call vote:
AYES:
Commissioners Boyle, Brady, Kemper, McGinnis, Sprague, Tkac
NOES: None
ABSENT: Commissioner Dhanens
9.3.a & b)
General Plan Amendment and Zone Change P99-0701 - Clarence
Kastner (Ward 4)
Staff report recommending approval of the general plan amendment and zone
change was given.
Public portion of the meeting was opened. No once spoke in favor or in
opposition of the project.
Public portion of the meeting was closed.
Commissioner Sprague said that 56 acres is an awfully large block to approve as
a negative declaration and wondered if staff had some input on a negative
declaration in regards to this? Mr. Gauthier said that the State has a threshold
of 80 acres when you convert ag land. Anything less than that is not even
required to be sent to the State. Commissioner Sprague asked if this was in or
out of the Williamson Act. Mr. Gauthier said it was out.
Commissioner Boyle said that he drove around this property and although he
hates to see ag land converted that this is for the most part infill. It is surrounded
on three and one-half sides by development.
Minutes, PC, December 16, 1999 Parle 25
Motion was made by Commissioner Boyle, seconded by Commissioner Kemper,
to adopt the resolution approving adopting a mitigated negative declaration
approving the requested general plan land use element amendment with findings
and mitigation measures as presented in said resolution, see attached Exhibit
E-1 and recommend same to the City Council.
Motion was carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Kemper, McGinnis, Sprague
Tkac
NOES:. None
- ABSENT: COmmissioner Dhanens
Motion was made by Commissioner Boyle, seconded by Commissioner Kemper,
· to adopt the resolution approving adopting a mitigated negative declaration
approving the zone change as requested with findings and mitigation measures
as presented in said resolution, see attached Exhibit E-2 and recommend same
to the City Council.
Motion was carried by the following roll call vote:
AYES:
Commissioners Boyle, Brady, Kemper, McGinnis, Sprague
Tkac
NOES: None
ABSENT: Commissioner Dhanens
9.4.a & b)
General Plan Amendment and Zone Change P99-0867 - Porter
Robertson (Ward 4)
Approved on the Consent Agenda.
10.
COMMUNICATIONS
None
11.
COMMISSION COMMENTS
Commissioner McGinnis stated that the Subdivision Committee has met and he
anticipates another meeting will be held in the near future and they will report back to
the Commission.
Minutes, PC, December 16, 1999 Page 26
12.
Chairman Tkac asked Mr. Grady that since the beltway went the way it did, does a new
committee need to be reassigned? Mr. Grady said the committee finished its business
at its last meeting so the committee would have to be reconstituted. It could be called
the same thing. Chairman Tkac announced that he will leave the committee the same
consisting of Commissioners Sprague, Dhanens and McGinnis.
Commissioner Boyle mentioned that when the beltway came back again to the
Commission, that a special meeting might be scheduled so people do not have to wait
so long to speak on other items on the agenda. ~.
DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT
t3.
PRE-MEETING.
Motion was made by Commissioner Brady, seconded by Commissioner Sprague, not to
hold a pre-meeting on January 17, 2000.
ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 12:47 a.m.
Janua~ 25,2000
Pam Townsend, Recording Secretary
Planning Director ' · \