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HomeMy WebLinkAbout03/18/93~MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, March 18, 1993, 5:30 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, BakerSfield, California. 1. ROLL CALL COMMISSIONERS: Present: DARREN POWERS, Chairperson STEVE MESSNER, Vice Chairperson JEFF ANDREW DAVID COHN KENNETH HERSH JIM MARINO KATE ROSENLIEB C. ROBERT FRAPWELL, Alternate ADVISORY MEMBERS: Present: LAURA MARINO, Assistant City Attorney FRED KLOEPPER, Assistant Public Works Director DENNIS FIDLER, Building Director STAFF: Present: JACK HARDISTY, Planning Director MARC. GAUTHIER, Principal Planner LAURIE DAVIS, Recording Secretary 2. PUBLIC STATEMENTS Commissioner Rosenlieb made a statement regarding possible continuances on items on this agenda and reminded those present that she volunteers her time on the Commission and has-a regular job in the daytime. She stated 'she would appreciate being contacted at her home for any issues related to Planning Commission. Chairman read the notice of right to appeal as set forth on the agenda. Commissioher Powers stated a 45-minute time limit for and against was discussed and agreed upon at the last hearing.and would be imposed on each of the public hearings. He asked that' comments be kept concise and that speakers not be redundant. He also stated a dinner break would be taken. Minutes, PC, 3/18/93 Page 2 3.1 a&b PUBLIC HEARING - GENERAL PLAN AMENDMENT 1-93, SEGMENT ! 3.2 a&b AND ZONE' CHANGE #5436 This item was withdrawn:by the applicant. -PUBLIC HEARING .- GENERAL PLAN AMENDMENT 1-93, SEGMENT I! AND' ZONE CHANGE ~#5397 Staff report was given. Public portion of the hearing was opened. M/trvin Dean spoke stating he is a resident in the area, representing the A. Philip RandolPh Community Development Corporation and the Kern Minority Contractor's Association: He extended an invitation to those present for Thursday, March 25th at the Oro Vista Projects .in the Recreation room at'7:00 p.m. He stated concerns regarding promises for improvement of subject area. He said they ar6 trying to determine benefits to the residents and felt they would be subjec.t tohigher taxes, 'more restriction of land use, necessity of obtaining a -business license. They are currently receiving services that were stated as new services such as police protection. He felt the city should work together with residents of. the area to determine benefits, stating if money is not going to go back into this area to benefit residents they would be strongly opposed and would fight this proposed annexation. Responding to questions by Commissioner Rosenlieb, Mr. Dean 'said he did not attend either neighborhood meeting, because of a scheduling conflict. Responding to questions by Commissioner Cohn, Mr. Dean said he felt more Cooperation exists with the-county than with the city. He also felt taxes would be affected and less land use restriction exists in the county. At the request of Commissioner Powers, Mr. Hardisty clarified that property taxes would not.be raised by annexation to the City. Eddie Carter stated he is a-resident of the proposed annexation area. He was concerned about the deterioration of the area. He stated he strongly opposes this proposed annexation. Responding to a question by Commissioner Rosenlieb, Mr. Carter stated he attended both neighborhood meetings. MinUtes, PC, 3/18/93 Page 3 Roberta Rambo spoke stating she owns property within-this area. She stated those in the area would not be able. to afford increases in taxes. She stated her strong opposition to annexation of this area. Bill Adams represented the Kern County Shrine Club, which owns property in the area~ He'cited a letter he had submitted to the Commission. He stated their objections are based solely on additional costs, such as the requirement and cost for garbage pick up, : Michael O'Mara spoke stating he lives contiguous to this proposed annexation. He stated he is not in favor or against this proposal. He suggested there be ' better communication between the property owners, commission and staff because there were a lot of people' who did not attend because they did not have knowledge of the meeting~ Mr. Hardisty responded to a question by Commissioner Powers saying information for notification was taken from the property owners assessment role, therefore anyone owning property Within this annexation areawas sent information regarding the meetings. Lisa PalOmino asked why the city wants this annexation. Mr. Hardisty' said the reason-the city proposes annexation is for community unification for efficiency in the delive~3~'of servides. Commissioner Cohn stated the Board of Supervisors' areas are much larger than that of the Councilperson's who he felt would be a lot more accessible to the residents. Ms. Palomino 'was concerned about police patrol, asking if the police would patrol more. Commissioner Cohn felt service with the-city police would be more efficient because the county sheriff is covering a much greater area. Frank Fabbri spoke-saying he has interest in property in the area along with members of his family, stating they are in support of the annexation and prezoning because he felt it makes efficient government. Public portion of the hearing was closed. -Commissioner'Rosenlieb said she would support this annexation, saying she cannot remember the commission ever not supporting annexation unanimously. She felt it wtuid be a mistake to send it to council without having another neighborhood meeting in order to show the residents what the city can do for them. Commissioner Powers agreed with these comments saying he felt another meeting would be warranted. He' said he intends to support the annexation. Minutes, PC} 3/18/93 Page '4 Commissioner Messner_ said regarding property taxes that they are set by State law and cannot be raised by the city. Responding to questions by Commissioner Messner, Mr. Dean said he felt the issue is what will be the benefits to the residents in the area and if the city is willing to meet with them he felt they could work' together.: Commissioner Marino said the issue of annexation is not before the Commission at this time. The Commission has been asked to look at the general plan designations only and make a recommendation to the city council regarding these designations along with possible changes to the zoning map. He concurred with comments regarding increased efficiency in representation for the area. Discussion continued regarding schedule for the annexation. Motion was made by Commissioner Ro~enlieb, seconded by Commissioner Cohn to adopt resolution making findings as set forth in the staff report approving the Negative Declaration andl Approving GPA 1-93, Segment II to LR (Low Density Residential), HMR (High Medium Density Residential), GC (General Commercial) and LI (Light Industrial) on various parcels within the proposed Union No. 10 Annexation area as shown on Exhibit "A"' and recommend same to the City CounCil, with the following additions: recommendation is made from the Commission that a neighborhood meeting' shall be held wh'erein the issues that have been discussed at this hearing'could be rediscussed. . ~Motion 'carried by-the ~o!lowing roll call vote: AYES: -Commissioners Andrew, Cohn, Hersh, Marino, Messner, Rosenlieb, Powers NOES: None Motion was made by 'Commissioner Rosenlieb, seconded by Commissioner Cohn to adopt resolution making findings as set forth in the staff report approving the Nega.tive Declaration and approvin, g Prezoning No. 5397 to the City zones of R-1 (One Family Dwelling), R~2 (Limited Multiple Family Dwelling), R-3 (Limited Multiple Family Dwelling), C-1 (Neighborhood Commercial), C-2 {Regional Commercial), M-1 (Light Manufacturing) and M-2 (General Manufacturing) as shown on Exhibit "B" and recommend same to the City Council. Motion carried by the following roll call: vote: Minutes, PC, 3/-18/93 - AYES: Page 5 Commissioners Andrew, Cohn, Hersh, Marino, Messner, Rosenlieb, Powers 3.¸3 a&b NOES: None PUBLIC HEARING - GENERAL PLAN AMENDMENT 1-93, SEGMENT III AND ZONE CHANGE #5422 Commissioner Andrew abstained on these items due to a conflict of interest in that he was involved-in the sale of subject property. Staff report was given. Public portion of the heahng was opened. Penny Fulton, Kern Schools Federal Credit Union, stated they are the property owner to the south. She said they submitted a letter in opposition. She said they are trying to-protect their investment in their commercial site. She said they · would like to see the area remain with the two existing commercial sites. Fred Porter represented the applicant. He said their client has requested a continuance on this mattei in order to give time to resolve issues. Public portion of the hearing was closed. Responding to a question by Commissioner Cohn, Ms. Marino said the Commission could choose to act on the applications even though the applicant is requesting continuance. He said he could not see any way to mitigate this property so that he would feel comfortable agreeing to the proposed applications. He stated his preference fOr voting on these issues at this hearing. Commissioner Rosenlieb said she has heard no evidence as to why this issue should be continued and is prepared to vote on this issue at this hearing. Commissioner Messner said he could not see clear cut reasons for continuance and could not imagine a scenario which would make this an acceptable project, stating he would feel comfortable voting on this issue at this .hearing. Minutes, PC~ 3/18/93 Page 6 Motion was made by Commissioner Rosenlieb, seconded by Commissioner Cohn to adopt resolution making findings as set forth in the staff report approving the Negative Declaration and Denying GPA 1-93, Segment III, consisting of an amendment to the Land Use Element from HMR (High Medium Density Residential) to GC (General Commercial) on 20.34 acres at the northwest corner of Stine Road and Panama Lane, and recommend same to City Counci!. Commissioner Marino asked if there could be any changes, to this proposal which may change staff's recommendation. Mr. Hardisty said there are none that he knows of and could not see what the purpose would be in continuing thisitem. Mr. Porter said there was' no reason for the person working on this project to think this issue would not be continued therefore he did not show up at this hearing. He responded to questions by Commissioner MarinO saying there is alw~ays the possibility of a PCD or lesser zoning being requested. He requested, however that the opportunity be given to work with staff on this project. Commissioner Powers. said he was willing to allow the continuance on this item in order to give the applicant the' opportunity to present his Case. CommisSioner Cohn said however the Planning Director stated even a PCD would not be a basis for allowing this project. Commissioner Messner felt a property swap should be a whole different consideration and has nothing to do with what is being considered at this time. Commissioner Frapwell felt the applicant should be given the opportunity to present his case, stating he, would not like to vote against the'staff recommendation, however in doing so it is because-he feels the applicant should be given-the opportunity to be heard. Previous motion carried bY the following roll call vote: AYES: Commissioners Cohn, Hersh, Messner, Rosenlieb NOES: ABSENT: Commissioners Frapwell, Marino, Powers Commissioner Andrew Minutes, PC, 3/18/93 Page 7 Motion was made.by Commissioner Rosenlieb, seconded by Commissioner Hersh to adopt resolution making findings as set forth in the staff report approving the Negative Declaration and denying Zone Change No. 5422 consisting of an amendment tO the Municipal Code from an R-2 (Limited Multiple Family Dwelling) zone to a C-2 (Regional Commercial).zone on 20.34 gross acres at the northwest corner of Stine Road and Panama Lane, and recommend same to City Council. Motion carried bY the following roll call vote: AYES: Commissioners Cohn, Hersh, Messner, Rosenlieb NOES: ABSENT: Commissioners Frapwell, Powers Commissioner Andrew ABSTAINED: Commissioner Marino 3.4 a&b PUBLIC HEARING -' GENERAL PLAN AMENDMENT 1-93, SEGMENT 'IV AND ZONE CHANGE #5420 Commissioner Powers abstained due to a conflict of interest in that his employer- owns' property in the vicinity. The applicant requested a continuance on this item. Staff .repOrt was given. Public portion of the hearing was opened. Tom Fallgatter spoke representing Cai Stock Partnership, owner of office bUildings immediately to .the north of the project. He suggested that if issues can be worked out he would be supportive of a continuance. He stated his willingness to withhold his comments until the June hearing if the Commission intends to continue this item. Discussion continued regarding the possibility of continuing this item before taking testimony. Mr. Hardisty said the public hearing must be opened; at which time the commission could continue the hearing without taking testimony. He said at the June hearing.there may be as many as 3 new commissioners, reminding the commission that it takes 4 votes to change the general plan. Motion'was made bY Commissioner Andrew, to continue this item to the next general plan cycle. Minutes, PC,-3/18/93 Page 8 Commissioner Hersh said he would like to hear the applicant's reason for continuance request. Mr. Porter represented the applicant stating the reason for continuance is that they have worked with adjacent property owners who have expressed additions they would like incorporated into this plan. Responding to a question by Commissioner Marino, Mr. Hardisty recommended the general' plan be consistent in the case of a PCD. -Commissioner Rosenlieb said typically her opinion is that people should be allowed to sPeak at .a public hearing, however expressed concern regarding the possibility of cOntinuing this.item after ~testimony and there may be new commissioners on the commission who would be precluded from participating on this issue. Commissioner Cohn said he would like to see the new appointee have a chance to participate-on this item,: he encouraged continuance of this item before Public testimony. Commissioner Frapwell seconded the previous motion for continuance. He felt underthe circumstances this hearing should be continued before public testimony is taken. MotiOn carried. Commissioner Messner clarified for those present this issue would be readvertised and the public, portion of the hearing would remain open for those wishing to Speak. *5-minute break was taken at this time. 3.5 a&b PUBLIC HEARING - GENERAL PLAN AMENDMENT 1-93, SEGMENT V AND ZONE CHANGE #5421 Staff report was given. Public portion of the hearing was opened. Rosalio Banales spoke representing Hidden Lake Homeowner's Association. He Said in general they are in-support of development, stating they agree with some of staff's recommendations. They question why the southwest corner of _Miramonte and 178 should be approved to C-1, feeling it would be appropriate to approve the request on the western portion and deny the request on the corner of Miramonte and Highway 178. He felt the development would increase their property values, however would hamper their view. He cited a letter he had submitted. Regarding schools he said they feel the school' site and commercial Minutes, PC, 3/18/93 Page 9 property should not be adjacent to their property, but be included within the boundaries Of the de~velOpment. Regarding the traffic study, he stated their concern for the ability of 178 to handle the additional traffic. -Mary Helen Barro stated,she had submitted a letter to the Commission. She stated serious concerns about the school being placed on the edge of Miramonte, asking for the Commission to require the school to be placed within the development for security and safety reasons due to the lake. She said they would like to meet with .the developer. She recommended that the mini-strip mall be denied due to traffic haza~rds and congestion. Responding. to questions, by Commissioner Marino, Mr. Hardisty said the school site location is not being Considered at this hearing and-would be an issue which would he decided by the school district. Philip' Ryall Stated his company owns the Ant Hill Oil Field. He said he is in favor of development in this area, however:is concerned about mitigation. He read a letter into the ~ecord,-citing concerns regarding compatibility of residential development adjoining their oil operations and possible mitigation. He submitted this letter to the Commission. Discussion continued regarding active oil wells. Mr. Ryals said as they produce more oil there will be more traffic due to trucking. He submitted copies of the letter and copies of map depicting oil field in'the area. Dr. Ken Collins, resident Of the area, endorsed comments of previous speakers concerning the schools and zoning of the commercial corner of Miramonte and Highway 178,' traffic, access and egress. He was concerned about the change in nature of the area. He felt the public could be served by the existing and proposed commercial changes at the west end. Neil Olson represented the Kern High School District stating they feel the existing law allows for mitigation of impact on schools and asked the Commission not to adopt a negative declaration but require an EIR or mitigation of the impact. He spoke on behalf of himself stating he lives approximately 320 feet away from the proposed commercial area. He indicated his support for previous statements made. He felt ~they could be very well served by the commercial area located near 'the baseball diamonds. He felt the small commercial request would be very dangerous. Roland Scholz, resident of' the area, agreed with previous statements stating his concern about the PoSsible traffic situation, saying he felt this issue should be looked at very closely at this time in an effort to avoid future problems. Minutes,~ PC, 3/18/93 Page 10 Kevin Davey, resident of the area, stated his primary objection to this proposal is based on security~and liability concerning their lake which would increase with the additional commercial zoning in the area. He stated his strong opposition to commercial zoning On the corner, stating there is ample area at Commanche and Highway 178. Timmy Leonis, resident south of the proposal, stated for the record he is opposed to the strip on the corner because of the possible view Obstruction and the traffic. Dan Murphy represented the applicant. He felt due to the topography a 6 or 8- foot block wall Would not alleviate problems with the oil field. He said their approach has been larger setbacks, provision of solid wood fencing and flexibility to plant trees for mitigation. He said they oppose the staff recommendation to eliminate the commercial zoning at the southeast corner. They would like to add the. acreage at the corner of Miramonte and Highway 178 to the 'general commercial requested at the southeast corner of Highway 178 which would total 14 acres. Discussion continued regarding Mr.-Murphy's proposal, which Commissioner Rosenlieb said would create an intersection with three commercial corners. Mr. Hardisty felt this much commercial at Commanche and Highway t78 would very much impact it and exacerbate the traffic problems. Public portion of the hearing was closed. Commissioner Rosenlieb said existing land use designations exist. Responding to a question by her-Mr: Hardisty Said a building permit could be granted per the zoning if' the applicant could avoid digging up leach fields in the process. Commissioner Rosenlieb clarified the Commission would not be allowing development at- the corner of Miramonte and Highway 178 that is not allowed at this time. She stated her dislike for 5 acre commercial pieces, however said she is not particularly opposed to it because of the lack of neighborhood-type serving uses. She said she would be in agreement to' adding the acreage to one of the corners but not creating two additional corners. Regarding the school issue she did not feel ~the school belongs where it is shown, however stated this is not a commission decision.' About concerns regarding possible contamination, Mr. Hardisty responded to a 'question saying the area of the leach fields can be reclaimed. Mr. Kloepper responded to questions'regarding traffic giving a synopsis of signalization and traffic conditions. Commissioner R0senlieb clarified the policy of the commission is to separate new commercial designations by one- half mile. She asked the balance of the commission nOt to consider allowing 3 corners of commercial at Highway 178 and Commanche Drive: Regarding the oilfield issue she agreed that it could be mitigated, however the question is how. ~She felt a 100-foot pa. rkway is a bit excessive. Regarding question.concerning an Minutes, PC, 3/18/93 Page 11 8-foot block Wall, Mr. Hardisty said staff did not feel an-8-foot block wall would substantially add .to buffering, however would substantially add to the cost. The 50-foot setbackwith 'a 6-foot block wall would be acceptable. Chairman Powers clarified it is not a general plan policy to separate new commercial by -one-half mile but is just a suggestion of the general plan. Commissioner Marino-ag~reed with Mr. Murphy's offer to transfer the commercial to the southeast corner. He felt if the market is not there for commercial development one of these corners will be rezoned for another use. He stated his agreement with staff regarding a six-foot block wall along the sOuth- line, with the setbacks determined by the applicant. Commissioner Cohn felt if there is a benefit of having a small strip center it should be determined bY 'the area residents. He felt if this development is market-determined it could probably allow for 4-sided commercial, which would not be a good situation, as 3-sided commercial would not be. Economics should not be a criteria for planning. Chairman Powers felt possibly referring this item to general plan committee would be helpful. Commissioner Andrew felt the majority of areas in the city with 3 commercial corners work fine. Commissioner.Messner said he was not in favor of a C-2 to R-1 relationship, stating he would be in agreement with sending this item -to committee. Mr. Murphy said he was concerned that if this item is deferred it Would be pushed to - the next round of general plan amendments. Commissioner Hersh was in agreement with the residents feeling that the intersection is and would be hazardous. He was in agreement with the possibility of a smaller commercial configuration, however found the proposal on Miramonte -hazardous. Regarding the oilfield he said a six-foot wall would not keep children out of the oilfield. He said he Would be willing to go along with the applicant's propoSal.of removing the. zoning from Miramonte and bringing it to the- intersection of Commanche Drive and Highway 178 with a possible modification of the size.. Commissioner Rosenlieb said she was not in favor of 3 corners of commercially zoned property. She said she would be willing to allow office commercial on the southeast corner as a trade-off. Mr. Murphy was agreeable to this. Commissioner Rosenlieb iasked for time to formulate a new-motion.. A 5-minute Minutes, PC, 3/18/93 _' Page 12 break was taken at this time. Responding to questions by Commissioner Rosenlieb, Mr. Hardisty said there would be a standard setback from the R-1 to office commercial zoned property the commission' has just debated. He said he was comfortable with no additional Setback at this location. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Cohn to adopt"resolution making findings as set forth in the staff report approving the Negative Declaration and approving GPA 1-93, Segment V with the exception of the 6.6-net acre request for GC on the southeast corner of Highway 178 and relocated Commanche Drive, but approving a 14 gross acre OC designation at that location, subject to mitigation and conditions listed in Exhibit "A" consisting 'of an amendment to the land use element from an R-MP (Resource-Mineral Petroleum) land use designation to a GC (General Commercial) designation on 5.8 net acres at the southwest corner of Alfred Harrell Highway and Highway 178 and from a GC (General ~Commercial) and LI (Light Industrial) designation to an OC (Office Commercial)land use on 14 gross acres at the southeast corner of .relocated Commanche Drive and Highway 178 and from an LI (Light Industrial) designation to'an LR (Low Density Residential) land use on the remainder of the applicant's property located south of Highway 178, east of the Commanche Drive realignment, west of Miramonte Drive, and recommend same to the City Council with the following changes: Add to Condition #5 that there will be a 50-foot setback along the southern boundary between the applicant's proper .ty and the AntHill oilfield. Change #7 of Findings to~ add the following to the end of the sentence: however, an OC site of 14 acres at this location is justified. Responding to requests by the applicant and Mr. Kloepper, Commissioner Rosenlieb amended her motion to include the Public Works memo dated March 18, 1993, memo-from the City Attorney dated March 18, 1993, the memo of March 18, 1993 changing condition #2 and amending Condition #5 f°r clarification that the block wall may be constructed with the concurrent phasing of the project. Motion carried by' the following roll call vote: AYEs: NOES: Commissioners Andrew, Cohn, Hersh, Marino, Messner, Rosenlieb, Powers None Minutes, PC, 3/18/93 Page 13 3.6 a&b Motion-was .made by Commissioner Rosenlieb, seconded-by 'Commissioner Cohn to adopt resolution making findings as set forth in the staff report approving the Negative Declaration and approving Zone Change No. 5421 with the exception of the 6.6 net acre request for C-2 on the southeast corner of Highway 178 and relocated Commanche Drive, allowing a 14 gross acre C-O zone at this location subject to mitigation andt conditions listed in Exhibit "A" consisting of an amendment to the Municipal Code from an M-! (Light Manufacturing) zone to a C-1 _(Neighborhood Commercial) over one site totalling 7.7 gross acres and from M-1 (Light Manufacturing) and C-2 (Regional Commercial) zones to an R-1 (One Family.Dwelling) zone on the remainder of the applicant's property and recommen&same to the City Council with the following changes and additions: the inclusion ofchanges made in the previous motion regarding setback and constructing of walls with concurrent phasing, inclusion of memos from the Planning Director, Public Works and City_ Attorney and changing Finding #6 to add the following: however, OiC on 14 acres is justified. Changing Finding #7 regarding the zone change to read as follows: The C-2 requested site at the southwest corner of Miramonte Drive and HighwaY 178 is not appropriate for that location. commissioner Marino clarified the wording on the setback should be from the block Wall or property line, not necessarily the limits of the oilfield because they are unknown. Commissioner Rosenlieb accepted this. clarification. Motion carried-by the following roll call vote: AYES: Commissioners Andrew, Cohn, Hersh, Marino, Messner, Rosenlieb, Powers NOES: None PUBLIC HEARING -' GENERAL PLAN AMENDMENT 1-93~ SEGMENT VI AND ZONE CHANGE #5424 Staff report was given. ' ' Public ~ortion of the hearing was opened. Minutes, PC, 3/18/93 Page 14 Neil Olson represented the Kern High School District asking that the Commission not apProve the negative declaration on the basis they do not feel. the school impacts have been mitigated. Roger McIntosh represented the property owner. He stated his agreement with conditions of approval including the memo dated March 15, 1993 from staff. He said he met with property owners who stated concerns regarding overlooks from two-story homes. He stated their agreement with the setbacks. Public portion of the heai'ing was closed. Commissioner Rosenlieb stated she would not support staff's recommendation on th{s application saying-she is fearful that commercial zoning will be forced upon the residents or underserving the area with commercial because of lack of commercial designation-in the area. Mr. McIntosh felt that .if this commercial site is taken away it does not rule out all possibilities for commercial. Discussion ensued regarding the need for commercial zoning in this area. Commissioner Andrew agreed with the applicant's opinion regarding the possibility of commercialuses for this area in the future stating he would support the zone cl~ange. Commissioner Messner felt there would be a strong tendency for future commercial, stating he would be comfortable supporting this application. Motion was made by Commissioner Messner, seconded by Commissioner Marino to adopt res°lution making findings as set forth in the staff report approving the. Negative Declaration and approving GPA 1-93, Segment VI,-consisting of an amendment to the Land Use Element to HMR (High Medium Density' Residential) and recommend same to City Council, with the addition of the March -15, 1993 memo from the Planning Director and the March 18, 1993 memo from the City Attorney' and March 2, 1993 memo from the Public Works Department. Motion carried by the following roll call vote: AYES:- Commissioners Andrew, Cohn, Hersh, Marino Messner, Powers NOES: Commissioner Rosenlieb Minutes, PC, 3/18/93 Page 15 Motion was made by Commissioner Messner, seconded by Commissioner Marino to adopt resolution making findings as set forth in staff report approving the Negative Declaration and approving Zone Change No. 5424 consisting of an amendment to the Municipal Code to the requested R-2 (Limited Multiple Family Dwelling) zone, and recommend same to City Council, with the addition of the March 15, 1993 memo from the Planning Director, March 18, 1993 memo from the City Attorney and March 2, 1993 memo from the Public Works Department. Motion. carried by the following roll call vote: AYES: Commissioners Andrew, Cohn, Hersh, Marino, Messner, Powers NOES: Commissioner Rosenlieb 3.7 .a&b PUBLIC HEARING --GENERAL PLAN AMENDMENT 1-93, SEGMENT VII AND ZONE CHANGE #5426 Staff report was given. Public portion of the hearing was opened. Neil Olson, representing ~the Kern High School District, spoke asking that the Commission not approve the negative declaration based on their opinion that the school impacts have not been mitigated properly. --MicheHe LaMoine represented the aPplicant. She stated their concurrence with the recommendation'for'approval of the residential zoning, however are not in concurrence with staff's recommendation for C-1 zoning versus their request for C-2 zoning. She-said they felt in light of the previous item that there is a need for additional commercial in the area. A C-2 use would not be obtrusive and would serve the future needs of the future neighborhood. She stated their agreement with the mitigation. Responding to a question by Commissioner Rosenlieb, Mr. Hardisty gave reasoning for staff's recommendation on this item. Commissioner Messner felt there is a potential fOr gas stations and other C-2 type uses across the street. Commission'er Marino said he would be inclined to support the C-2 zone which he felt contains uses needed in neighborhoods. Minutes, PC, 3/i8/93 Page 16 Commissioner Andrew did not fetl the commission should punish this land oWner based on what could happen in the M-2 and M-3 zones. He said he would not -have a problem with the small portion of C-2, Motion was made by Commissioner Rosenlieb, seconded by Commissioner Cohn to adopt resolution making findings as set forth in the staff report approving the Negative Declaration andi approving GPA 1-93, Segment VII, consisting of an amendment to the Land Use Element from LR (Low Density Residential) to GC (General Commercial) on 5 acres at the northwest corner of Panama Lane and Progress Road subject to mitigation measures and conditions of approval listed in Exhibit "A", and recommend same to City Council, with the addition of the March 2,. 1993 memo'from Public Works and March 18, 1993 memo from the City Attorney's Office. She clarified she intended to make a motion to support C-1 zoning. Motion carried by the following roll call vote: AYES: Commissioners Andrew, Cohn, Hersh, Marino~ Messner, Rosenlieb, Powers NOES: - None Motion.was made by Commissioner Rosenlieb, seconded by Commissioner Cohn to adopt-resolution making findings approving the Negative Declaration and approving Zone Change No. 5426 from an A-20A (Agriculture-20 acre minimum lot size) zone to an R-1 (One Family Dwelling) zone on 85.57 gross acres and C-i (Neighborhood Commercial) zone on 5 acres, subject to mitigation and conditions listed in Exhibit "A", and recommend same to City Council, with the inclusion of the memo from the Public Works Department dated March 2, 1993 and memo from the City Attorney d,ited March 18, 1993. Motion carried by the following roll call-vote~ ' ' AYES: Commissioners Cohn, Hersh, Messner, Rosenlieb NOES: Commissioners Andrew, Marino, Powers 3.8 a&b PUBLIC HEARING - GENERAL PLAN AMENDMENT 1-93, SEGMENT VIII AND ZONE CHANGE #5425 Staff report wa~ given. Public portion of the hea~ing was opened. Minutes, PC, 3/]~8/93 Page 17 Neil Olson represented the Kern High School District stating they felt the school mitigation has-not been-addressed properly and requested .that the Commission not approve the negative: declaration. Michelle'LaMoine, Simpson VanCuren, represented the applicant. She stated her concurrence with staff's recommendation on the residential portion, however feel -the request for 20 acres of' C-2 is a valid request located in an appropriate place. They feltit would 'serve the future needs of the residential development, asking that the Commission vote favorably. Public portion Of the hearing was closed. Commissioner Marino felt commercial areas are getting larger. He asked if the applicant would be agreeable to a 15-net acre commercial site. Ms. LaMoine said .they felt there would be a need for some additional oversizing of the commercial corner and wanted to Continue to reserve as large an area for this future need. Commissioner Messner said he saw no problem with a 20~acre' site ~given the distance between this and other commercial areas, stating he would support the request. Commissioner AndreW Was agreeable to the 15 net acre cOmmercial site. - Commissioner Hersh stated his agreement with the applicant's prOposal. MotiOn was made by Commissioner Marino, seconded by CommissiOner Andrew to adopt resolution making findings as set forth in staff report approving the Negative Declaration and approving GPA 1-93, Segment VIII, consisting of an amendment .to the Land Use Element from LR (Low Density Residential)to GC (General Commercial) on 20 gross acres at the northeast corner of Buena Vista Road and Panama Lane, subject to mitigation measures and conditions of approval listed in Exhibit "A", and recommending same to the City Council with the .addition of the March 18, 1993 memo from the City Attorney's Office and March 2, 1993 memo from the Public Works Department. Motion carried by the following roll call vote: AYES: Commissioners Andrew, Hersh, Marino, Messner, Rosenlieb, Powers NOES: Commissioner Cohn Minutes, PC, 3/18/93 ' Page 18 Motion was made by Commissioner Marino, seconded by Commissioner Andrew to adopt resolution makihg findings as set forth in the staff report approving the Negative Declaration and approving Zone Change No. 5425 from A-20A '(Agriculture-20 acre minimum) to R-1 (One Family Dwelling) on 148.49 gross acres and to 'C-2 (Regional Commercial) on 20 gross acres, subject to mitigation measures and conditions!of apprOval listed in Exhibit "A" and recommend same to City Council,. with the' inclusion of the memo from the City Attorney's Office and March 2', 1993 memo from the Public Works Department. Commissioner Cohn wasiconcerned about placing C-2 next to residential zoned . property, feeling there should be a buffer. Responding to questiOnSby Commissioner Rosenlieb, Ms. Lamoine felt the-site plan-review process could include some setback requirement which would mitigate the problem. Commissioner Powers suggested the setback be added tO the residential zone. 'Commissioner Marino amended his motion to require a 30-foot setback from-the residential zoned property adjacent to the north and east side of the commercially zoned property from the commercial property line to the residential building. Commissioner Andrew seconded the amendment. Commissioner Cohn felt ~an obligation to provide adequate buffering for the future residential property. He felt it should be mitigated'by including a portion of commercial office. Commissioner Marino said he could not justify a setback that would be in excess of that which is required, on freeways. Discussion continued regarding this issue. Commissioner Hersh felt there could be a compromise since C-1 :will be abutting residential property. Commissioner Marino reiterated that he could not find that a grocery store would be more intrusive than ak freeway. Commissioner Cohn said the commission should not be abutting residential with C-2 on purpose unless serious mitigation is added. Responding to question by Commissioner Rosenlieb, Ms. Lamoine said they would accept a 40-'foot setback, however stated she felt Commissioner Cohn to be out of line in trying to impose something that has not been imposed on other developments. Minutes, PC,. 3/18/93 _ Page 19 Commissioner Marino amended his motion to include a 40-foot setback from commercial to residential, Commissioner Andrew seconded the amendment. Motion carried by the following roll call vote: AYES:_ Corfimissioners Andrew, Cohn, Hersh, Marino, Messner, Rosenlieb, Powers 3:9 NOES: None PUBLIC-HEARING - GENERAL' PLAN AMENDMENT 1-93, SEGMENT IX Commissioner Power~ left at this time, relinquishing the chair to Commissioner Messner. Commissione:r Andrew abstained due to a conflict of interest in that he markets properties in subject area. Commissioner Marino abstained due to a conflict in that his employer may own property in this area. Commissioner Rosenliebi abstained due to the fact her employer owns property in the area. Staff report was given. Public portion of the hearing was opened; no one spoke in opposition.. Public portion of the hearing was closed. Responding to a question by Commissioner Cohn, Mr. Walker gave description of classes of bike paths. Motion was made by Commissioner Cohn, seconded by Commissioner Hersh to adopt .resolution making findings as set forth in the staff report approving the Negative Declaration and approving GPA 1-93, Segment IX amending the C°mprehensive Circulation Plan Map and the Bikeway Master Plan of the Circulation Element as shown on Exhibit "A", and recommend same to the City Council. Motion carried by the following roll call vote: AYES: Commissioners Cohn, Frapwell, Hersh, Messner NOES: - -ABSENT: None .Commissioners Andrew, Marino, Rosenlieb, Powers Minutes, PC,-3/18/93 Page 20 3.10 PUBLIC HEARING Staff report was given.. Public portion of the hearing was opened; no one spoke in opposition. Dan Murphy represented the applicant, stating their agreement with staff recommendation. Public portion of the hearing was-closed. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Hersh to adopt resolution makii~g findings as set forth in the staff report approving the Negative Declaration and_approving GPA 1-93, Segment X amending the Circulation. Element by relocating a collector street as shown on Exhibit' "A" and conditions of approval'in memorandum from the Public Works Department dated March i8, 1993 with mitigation in Exhibit "B" and recommend same to City Council MotiOn carried: by the folloWing roll call vote: AYES: Commissioners Cohn, Frapwell, Hersh, Messner, Rosenlieb NOES: None ABSENT: Commissioners Andrew, Marino, Powers COMMUNICATIONS A) Written None o B) Verbal None COMMISSION COMMENTS A. Committees - 1) General 'Plan No new information Minutes, PC, 3/18/93 2) 3) Zbning Ordinance No new information sign! Ordinance No new information Page 21 4) Subdivision and Public Services No new information Trails and Ways No new information 7) Parks and Environmental Quali~ Act No new information Joint Council/Planning Commission No new information o Commissioner Hersh complimented staff on maps which showed surrounding commercial property. He asked if there is M-1 or M-2 associated with general plan' amendments in the fUture he would like to see this in conjunction with it on the map. - Commissioner RoSenlieb '. complimented staff on the excellent job. on Ming and Gosford general plan amendment. ADJOURNMENT There being no further business to come before the Commission, meeting, was adjourned at 10:35 p.m. ' Laurie Davis ~J l~an'nil~ng~'~retary