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HomeMy WebLinkAbout09/16/93MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD Held Thursday, September 16, 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. DOUG DELGADO KENNETH HERSH JIM MARINO KATE ROSENLIEB BILL SLOCUMB, 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 JIM MOVIUS, Principal Planner MARC GAUTHIER, Principal Planner JIM EGGERT, Principal Planner MIKE LEE, Associate Planner LAURIE DAVIS, Recording Secretary 2. PUBLIC STATEMENTS No one made any public statements at this time. Chairman read the notice of right to appeal as set forth on the agenda. 3. CONSENT AGENDA ITEMS There were no consent agenda items. Minutes, PC, 9/16/93 5.3 a&b Page 7 GPA 3-93, SEGMENT III AND ZONE CHANGE #5497 Staff report was given. Ms. Marino, City Attorney, clarified the negative declaration would have to be readverfised and recirculated in order to bring this back at the next hearing for a change of designation. She recommended any continuance be to the next cycle. Responding to questions by Commissioner Slocumb, Mr. Hardisty said those items to be changed to E .could be brought back at the next cycle to be changed to R-1. Public portion of the hearing was opened. Steve Hartsell, Schools Legal Service, represented Kern High School District and Panama-Buena Vista School District. He stated a letter was submitted from Kern High School District. Commissioner Messner clarified a letter had also been received from Panama-Buena Vista School District. He said he was not prepared to comment on this project because he is waiting for the action by the County Board of Supervisors regarding a zone change which is part of this proposed annexation. He stated in speaking with the applicant his understanding is that they are willing to request~ a two-week continuance in order to sort this out. Brad Wheelan spoke stating the majority of the property in this general plan amendment is in the city. i He pointed out the properties on the map for the Commission. He said the schools do not want to recognize this as legitimate zoning because the county handles zoning matters differently. He said he would be agreeable to a continuance to the next meeting in order to meet with the school district~ : Chairman Messner asked for legal opinion for the next hearing, should this item be continued to that time, Ms. Marino said the county's action appears to be final and as such the zoning would be complete. Salomon Martinez, Jr. spoke saying he is co-applicant with Brad Wheelan stating his concurrence with Mr. Wheelan's statements. Public portion of the hearing was closed. Mr. Martinez responded to question by Commissioner Slocumb saying he would like to see this item continued. Motion was made by Commissioner Slocumb, seconded by Commissioner Andrew to continue this item to the next regularly scheduled meeting. Motion carried. Minutes, PC, 9/16/93 Page 8 5.4 a&b GPA 3-93, SEGMENT IV AND ZONE CHANGE #5499 Staff report was given. Public portion of the hearing was opene& Michael Hafferman,. resident of the area, stated his petition includes addresses of those signing. He felt the downsizing of lot sizes in the area is contrary to the character of the Rosedale community. He cited the 2010 Plan saying these types of knee-jerk zone changes were to be eliminated. He said those buying in this area wanted large lots and felt the rezoning would be a mistake. This type of character needs to be preserved. Jim Brown stated his opposition to the city allowing this density, stating the dreams of those in the area would be washed away. He asked about the possibility of changing the 300-foot noticing requirement. Mr. Hardisty said this is a standard out of state law, however the city could change ordinances regarding this issue if it chose to do. so. He responded to a questions by Commissioner Rosenlieb saying there is also a notice published in the newspaper.. A study was accomplished on this in the past which quadruples the cost of notification, stating after review council took no action on the issue. Dennis Scott, Kern High School District stated they had submitted correspondence to the City stating this project may have an impact on the need for school facilities. Reinhard Suchsland, resident on Birchhaven, stated large lots exist around the' area. He did not feel this change of zone would benefit the neighborhood. Sharon Brown spoke saying she felt Bakersfield is a special city and did not want it to turn into a situation which exists in Los Angeles. She wanted to know where the Commission would draw the line. She felt a low density area needs to exist in the city. Gordon Porter, 11600 ?inehaven, stated he had been a resident for 5-1/2 years and is opposed to the downsizing of the lots, stating he hoped the city would preserve this area. King Vaughn, resident of '~he area, stated his opposition to this proposal. Chris Rajlal, 11301 Pinehaven stated he concurred with comments of the previous speakers. Minutes, PC, 9/16/93 Page 9 Steve Ratty, resident of Birchaven, stated he can see the proposed tract. stated his concern about downsizing because of other undeveloped areas surrounding them and the possibility of a precedent-setting effect. He Carl Moreland represented the applicant. He Said the general plan has always shown this area as SR up to 10,000 square foot lots. He said subject area is not in the middle of the previous speakers neighborhood. He said this map was designed in relation to other uses in the area and did not feel it would impact those residents in the areA. He said the true neighbors are in favor of this project. ~ Public portion of the heating was closed. Commissioner Rosenlieb Said she did not feel all of Rosedale should be preserved for large lot subdivisions, however felt the community as a whole should have a mix of housing densities. She said she would not support this request because she felt this change is unnecessary and inconsistent with the area. Commissioner Marino stated his inclination to support this request because he felt it is tucked in and the lots are not small and the alternative that it could be developed in the county on septic tanks. Commissioner Slocumb agreed with previous comments regarding the large sections in the city with small lots, stating there are few sections with larger lots. Motion was made by Commissioner Slocumb, seconded by Commissioner Rosenlieb to adopt resoluition making findings as set forth in the staff report approving the Negative Declaration and denying the General Plan Amendment 3- 93, Segment IV as requested from SR (Suburban Residential with a condition of 18,000 square foot lot sizes) to SR (Suburban Residential - < 4 dwelling units per net acre) on seven acres, subject to mitigation listed on Exhibit "A" and recommend same to City Council. Commissioner Hersh cited the previous approval of this site for 18,000 square foot lot sizes, saying he felt the proposal is not congruous with the community. He thanked those speaking on this issue. Motion carried by the following roll call vote: AYES: Commissioners Delgado, Hersh, Rosenlieb, Slocumb, Messner NOES: ABSENT: Commissioners Andrew, Marino Commissioner Powers Minutes, PC, 9/16/93 Page 10 MOtion was made by Commissioner Sl°cumb, seconded by Commissioner Rosenlieb to adopt resolUtion making findings as set forth in staff report approving the Negative Declaration and denying Prezoning No. 5499 as requested from R-1 with a condition that lot sizes be 18,000 square feet minimum to E (Estate) zone on seven acres, subject to mitigation listed on Exhibit "A" and recommend same to City ~:Council. Motion carried by the following roll call vote: AYES: Commissioners Delgado, Hersh, Rosenlieb, Slocumb, Mess~ner 5.5 a&b NOES: Commissioners Andrew, Marino ABSENT: Commissioner Powers GPA 3-93, SEGMENT V AND ZONE CHANGE #5493 Staff report was given. Public portion of the hea~ing was opened. steve Hartsell represented Kern High School District and Panama-Buena Vista School District. He said it was their understanding a condition had been added to address concerns raised by them. Jeff Williams spoke in favor. Regarding Planning Condition #4 he said they plan to ask for waiver of park fees at the tentative map stage because they will be providing a private park. iHe.said it was staff's suggestion that the following wording be added to this Condition: "in accordance with Municipal Code Section 15.80." Mr. Hardisty stated agreement with this. Regarding Public Works Department condition #7~ he said Mountain Vista Drive is already installed, and felt this conditiOn could be removed. Mr. Kloepper said he would like the option of requiring the expanded! intersections. Regarding Condition #9, he said they would be disposing of water on-site in the private park, asking that language be added to allow this at the tentative map stage if approved by staff. He suggested the following wording be added to the end: "unless alternative means of disposal are approved by the city staff at tentative map stage." Mr. Kloepper felt possibly the second sentence be clarified so that it state that no additional city-maintained drainage basins be allowed for the GPA area adding another sentence as follows: "other alternative disposal subject to approval of the director of public works may be allowed." Public portion of the hearing was closed. Minutes, PC, 9/16/93 Page 11 CommisSioner Rosenlieb noted the conclusion of the staff report was incorrect where it states the requested LR land use designation and R-1 zoning district will create less impacts. She felt the R-1 district will create a greater impact than agricultural, but that impact is negligible or fully mitigated. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Slocumb to adopt resolutign making findings as set forth in the staff report approving the Negative Declaration and approving the requested LR (Low Density Residential) land use designation, subject to conditions listed in Exhibit "A", and recommend same to City Council, with the following changes: Exhibit "A", condition #4ithe following shall be added to the end of condition: in accordance with '~ Municipal Code 15.80. Exhibit "A", Condition #9 of Public Works conditions shall be amended by changing the last sentence to read as follows: No additional city-maintained drainage basins will be allowed for the GPA area. Other alternative disposal methods may be allowed and would be subject to the Public Works Director's approval. Motion carried by the foll.'Owing roll call vote: AYES: Commissioners Andrew, Delgado, Hersh, Marino, Rosenlieb, Slocu:mb, Messner NOES: None ABSENT: Commissioner Powers Motion was made by Commissioner Rosenlieb, seconded by Commissioner Marino to adopt resolution making findings as set forth in staff report approving the Negative Declaration and approving the requested R-1 (One Family Dwelling) Zone, subject to conditions listed in Exhibit "A", and recommend same to City Council, with changes made to Exhibit "A" in the previous motion. Motion carried by the follOwing roll call vote: AYES: Commissioners Andrew, Delgado, Hersh, Marino, Rosenlieb, Slocumb, Messner NOES: None ABSENT: Commissioner Powers Minutes, PC, 9/16/93 5.6 a&b GPA 3-93, SEGMENT VI AND ZONE CHANGE #5494 Page 12 CommissionerSlocumb abstained due to a conflict of interest in that he has represented a property owner within 300 feet within the last year. Commissioner Andrew abStained due to a conflict of interest in that he was involVed in the land sale to the current owner. Staff report was given. Public portion of the hearing was opened. Kirk Tracy represented the Panama Center Partnership, owners of the northwest corner of Panama and Wible Road. He stated their concurrence with the recommendation for denial of this application, along with opposing the approval of the negative declaration with mitigation measures. He stated their opposition to this being that they feel these measures are conclusionary which they felt are insufficient. They feel a concrete explanation must exist to show how these measures will solVe the environmental impacts. There is no detailed explanation as placement of' signals-and how two additional lanes at the off-ramp of 99 and Panama will mitigate the Circulation problems. He felt an environmental impact report should be required 'since there are issues which have not been mitigated. The investors have invested a significant amount of time and effort relying on the general plan designations, pHe said this intersection is already overly zoned by one commercial area. He, asked that the commission not allow a strip mall situation along Panama, asking that the application be denied. Don Benedict stated he is :a developer of neighborhood shopping centers. He felt this area is large enough to accommodate a neighborhood shopping center. Chuck Murray spoke saying he is a partner of Panama Center, he asked that the Commission deny this application. Mike Callagy represented the applicant. He submitted maps of the project to the Commission. He said the~function of the project would be to complete a central commercial area for the planning area. The 2010 Plan does not encourage or discourage the siting' of additional commercial designations within one-half mile of existing areas. Regarding concerns voiced by staff that this not create an environment to allow strip commercial and locating commercial on 4 corners of an intersection he said it is the Commission's decision to modify policy as they see fit. He gave history of this area. He said the disagreement with staff was concerning the four corners of commercial. He stated the map he had submitted delineated commercial centers in the general planning area. He said there are no Minutes, PC, 9/16/93 Page 13 commercial areas east and south of subject site and there is no possibility at locations such as South ,'H" Street and Fairview Road. He felt this site is unique because it is located at the intersection of two major roads and is near the freeway interchange, He istated the impacts of these designations with regard to traffic impacts has been studied by a traffic engineer and it was found that they can be mitigated to a level of insignificance. He pointed out proposed areas which may be used for cOmmercial citing problems. Mr. Gargano said he felt the planning process cannot be based on attempting to resolve all problems which arise. The 38-acre parcel can no longer be considered as an area for a shopping!center to house major drug and grocery stores. He said they. tried to alleviate ConCerns by eliminating the apartment complex. Regarding the traffic concerns he stated they had a traffic study prepared. He cited the 2010 Plan saying it promotes the encouragement of separation of commercial by one- half mile, however does nOt say that it should be prevented. He also cited the statement which says that .clustering of commercial should be encouraged. He stated there are numerous property owners in favor of this request. He said he has been told by adjoining property owners that they felt their property values would increase. Mr. Callagy cited a similar request approved by the CommissiOn in June of 1992 being the lack of an appropriate sized vacant commercial site close to this intersection being the basis for approval. He said the situation has not changed except that there are fewer commercial parcels in the area available for this type of use. ~ Public portion of the hearing was closed. Commissioner Marino stated he supported the previous project for commercial on this site. He felt the lack of shopping facilities in the area is problematic and there is a larger marketing area. He said he did not see the grocery stores located north Of the industrial strip as being in this neighborhood. Commissioner Hersh felt the question is whether the commission allows four corners of general commercial, stating he has a problem with this. The Commission has been sensitive about placing supermarkets or large commercial centers Cl°se together. His concern was whether the commercial centers would be able to survive in competition with each other with the same type of motif and makeup. He stated his other concern with traffic, saying 30 years from now the transportation situation will be the same. He said he could not support this commercial area. Minutes, PC, 9/16/93 · Page 14 Commissioner Messner felt he led the way for approval on this property because he agreed with the argument that the 9-acre site was not viable for a shopping center. He said he is no longer willing to make this exception. He stated he would not support the Prtject. commissioner Rosenlieb Concurred with statements made. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Hersh to adopt resolution making findings as set forth in staff report approving the Negative Declaration with mitigation as shown in Exhibit "A", and denying the requested General Plan Amendment 3-93, Segment VI to GC 12.1 +/- acres and recommend same to City Council. Commissioner Delgado stated the project located at Wilson and Real Roads impacted his thinking in this situation and stated he concurred with the motion. Motion carried by the following roll call vote: AYES: Commissioners Delgado, Hersh, Rosenlieb, Messner NOES: Commissioner Marino ABSENT: CommiSsioner Andrew, Powers, Slocumb Motion was made CommiSsioner Rosenlieb, seconded by Commissioner Hersh to adopt resolution making findings as set forth in staff report approving the Negative Declaration with mitigation as shown in Exhibit "A", and denying Zone Change No. 5494 to C-2 on 12.1 +/- acres, and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Delgado, Hersh, Rosenlieb, Messner NOES:- Commissioner Marino ABSENT: Commissioner Andrew, Powers, Slocumb Minutes, PC, 9/16/93 Page 15 5.7 a&b GPA 3-93, SEGMENT ¥II AND ZONE CHANGE #5498 Staff report was given. Public portion of the hearing was opened; no one spoke in opposition. 'Don Judkins spoke saying he is the-applicant and was the owner of the property when this was rezoned for commercial. He stated regarding Public Works Condition #5 he has already met this condition. Mr. Kloepper referenced a September 13, 1.993 memo stating this condition is deleted, however it should reference Condition #5 instead of Condition #2. Regarding Condition #2 of Planning Department conditions he said this is a principal issue since when the 80 acres was developed it was graded and compacted including this parcel. He said they intend to resubmit the original improvement plans. Mr. Hardisty was agreeable to deletion of this condition. Public portion of the hearing was closed. Motion was made by Commissioner Marino, seconded by Commissioner Hersh to adopt resolution making findings, as set forth in staff report, approving the Negative Declaration and approving GPA 3-93, Segment VII, subject to mitigation and conditions listed in Exhibit "A", consisting of an amendment to the Land Use Element from a GC (General Commercial) land use designation to an LR (Low Density Residential) designation on 5.14 acres located at the northeast corner of Ashe and Harri~ Roads, and recommend same to City Council, with the deletion of Planning Department Mitigation Measure #2 and Public Works Department Mitigation Measure #5. CommisSioner Rosenlieb Stated she asked for deletion of the archaeological study because she felt as Mr. Judkins does. Motion carried by the following roll call vote: AYES: NOES: ABSENT: Commissioners Andrew, Delgado, Hersh, Marino, Rosenlieb, Slocumb, Messner None Commissioner Powers Minutes, PC, 9/16/93 Page 16 Motion was made by Commissioner Marino, seconded by Commissioner Hersh to adopt resolution making findings as set forth in staff report approving the Negative Declaration and! approving Zone Change No. 5498, subject to mitigation and conditions listed in Exhibit "A", consisting of an amendment to the Municipal Code from a C-1 (Neighborhood Commercial) zone to an R-1 (One Family Dwelling) zone on 5.14 acres located at the northeast corner of Ashe and Harris Roads and recommend same to City Council, with deletion of the same mitigation measures deleted as in the previous general plan amendment motion. Motion carried by the following roll call vote: AYES: Commissioners Andrew, Delgado, Hersh, Marino, Rosenlieb, Slocumb, Messner NOES: None o ABSENT: Commissioner Powers COMMUNICATIONS A) Written Mr. Hardisty stated an invitation had been given to the Commission from the City Manager for a workshop scheduled with the City Council to discuss planning issues and conduct of meetings. He asked for a motion to set a special meeting in order for the Commission to attend this. Motion was made by Commissioner Slocumb, seconded by Commissioner Marino for a special meeting on October 6, 1993. Motion carried. B) Verbal None COMMISSION COMMENTS Commissioner Slocumb aSked the Attorney's Office to prepare a memo for .the Commission setting forth the parameters of public comment section on the agenda, specifically what can take place during this section and to what extent the members of the commission can interact with members of the public. Minutes, PC, 9/16/93 Page 17 Commissioner Rosenlieb asked for an item to be placed on the next agenda which would allow for discussion regarding whether the commission wishes to continue allowing single family detached housing in the R-2 zone in the same way in which it is being done now, (i.e., no amenities required as for a PUD or optional design). A. Committees 1) General Plan No new information. 2) Zoning Ordinance Commissioner Hersh stated a meeting had been held on September 15, 1993 discussing proposed setback changes and revisions on the PUD chapter and PCD chapter, stating a copy would be submitted to the Commission. There will be a review by staff to streamline these two zones. 3) Sign Ordinance No new information. 4) 5) Subdivision and Public Services No new information. Trailg and Ways No new information. 6) Parks4 and Environmental Quali .ty Act No new information. 7) Joint Council/Planning Commission No new information. Commissioner Marino said he attended a workshop to work on the agenda for the 1994 Planners Institute stating he had submitted the first draft to the Commission. Minutes, PC, 9/16/93 Page 18 Responding to a question. by Commissioner Hersh, Mr. Hardisty said he would provide the advisory notice of the MBHCP to him. 8. ADJOURNMENT There being no further business to come before the Commission, meeting was adjourned at 9:25 p.m. Laurie Davis Recording Secretary Planning Directorf Minutes, PC, 9/1-6/93 Page 2 4. APPROVAL OF MINUTES Motion was made by Commissioner Rosenlieb, seconded by Commissioner Slocumb to approve the minutes of the special meeting of July 12, 1993, the regular meeting of July 15, 1993, the pre-meeting of August 2, 1993 and the regular meeting of August 5, 1993. Motion carried. Chairman Powers said due to the fact he was not present at the Monday pre- meeting he would turn the chair over to Vice-Chairman Messner. 5.1 GPA 3-93, SEGMENT I AND ZONE CHANGE #5491 Staff report was given. Commissioner Marino abstained due to a conflict of interest in that he is employed by the applicant. Public portion of the hearing was opened. Steve Hartsell spoke repre"senting Kern High School District and Fruitvale School District. He said a letter had been submitted to the City Attorney which he asked be made part of the record. He said it is their understanding these applications will reduce the housing density in the project area, therefore they feel there is no significant impact. If however, there would be a change increasing the density they would feel that there is a significant impact on school facilities. Responding to questions, Mr. Gauthier said all impacts within the Riverlakes Specific Plan were calculated on land use and not the zoning. This project would reduce the overall density ~by 300 units. Steve DeBranch represented the applicant. He stated their concurrence with the staff report with the understanding that condition #3 of Planning conditions be deleted. He stated the Riverlakes project has an agreement with the two elementary districts and with the understanding of Mr. Hartsell's letter they feel there is no reason to impose a condition on the project regarding school fees. Mr. Hardisty agreed with the deletion, referring to the mitigation agreement. Mr. DeBranch gave history of their involvement in this area. He submitted illustrations of the area. He said there is a lacking of this type of development in the northwest area. A ten,tative tract map is in progress which addresses the project. Minutes, PC, 9/16/93 Page 3 Responding to questions by Commissioner Hersh, Mr. Gauthier said all tracts on the plat submitted by Mr.i DeBranch have been heard with the eXception of one. George Shader, Marketing Consultant for Riverlakes Ranch, stated they supported these applicati°ns because he felt a market existed in the community for this type of home. Hugh Pearson said this project would allow for quality affordable housing. Chris Hayden stated he isa small builder and will be involved in this project. He stated his concurrence with previous comments and asked that the commission support it. ~ Public portion of the hea~ing was closed. Responding to a question by Commissioner Rosenlieb, Mr. Gauthier said the average density was used in calculating the impact of the project. Commissioner Rosenlieb said she cannot find any indication that this project is consistent with the intent of the specific plan. She was concerned about the numerous requests for smaller than required lot sizes, stating she is ready to draw the line at this time. She was also concerned that amenities are not provided to help compensate for the reduction in lot sizes. Mr. Hardisty said this application is to determine if the proposed distribution is better than that proposed by the original plan. He said the direction of the commission should be to look toward the balanced needs of the community over a long period of time, and at times the ebb and flow of market should be taken into consideration. Commissioner Rosenlieb stated she saw no trade-off to give the applicant this amount of LR zoning, with smaller lots. Responding to questions by Commissioner Slocumb, Mr. Hardisty said the proposal for smaller lots will be in the form of a subdivision and will not contain additional amenities. Mr. DeBranch answered questions by Commissioner Slocumb regarding the justification for smaller lot sizes, saying the type of product they will be providing does not exist in the northwest area. He said they will be providing a quality product. Responding to a question by Commissioner Slocumb, Mr. Quon, Building Department representative confirmed that the building department would issue permits on the zoning without regard to the general plan designation. He felt the reality is that the density will be increased in the area. Minutes' pC, 9/16/93 Page 4 Mr. HardiSty said the specific plan modifies the rules of the zoning and general plan and would not allow building permits to be issued in excess of 10 units per acre. Mr. DeBranch clarified they are taking advantage of setbacks and variances through the R-2 zoning with this type of single family project. Commissioner Slocumb c~ted his opposition to a similar lot size situation at the last hearing, stating he did not feel he could be conSistent if he handled this situation differently. Chairman Messner cited the fact that there is no net increase in density with respect to the specific plan, stating he is comfortable with this. Commissioner Rosenlieb Said she had no problem with this type of project in a higher density designation, however she is not willing to allow 33 acres of LR. She said she would not be opposed to this type of project, however would like this 33 acres to remain R-1. Chairman Messner felt if a problem exists it needs to be corrected within the system and it would be unfair to single out this applicant, when similar situations have been allowed for other applicants. Commissioner Andrew felt the amount of units would be reduced for the overall area. He felt the market needs must also be taken into consideration. He felt this is a good project offering a variety of products, stating his support of it. Responding to a request for information by Commissioner Delgado, Chris Hayden said the homes on these lots will range from 1,134 to 2,000 square feet. He said there is no difference between the appeal on these size lots than homes built on larger lots. The same types materials and design will be used. Commissioner Delgado agreed with Commissioner Rosenlieb's comments regarding drawing the line on smaller lots, saying he did not know where that point should be. Chairman Messner felt drawing the line is more appropriately achieved through ordinance changes, rather than singling out applicants. Commissioner Hersh felt the Commission is to determine what is right for the community. He stated his concern about the large numbers of requests for 5,000 square foot lots. He said the Commission should decide where this ends, giving the building community this direction. He said he would not be in favor of allowing 5,000 square foOt lots on LR designated property unless some very Minutes, PC, 9/16/93 Page 5 justifiable amenities are provided. He was concerned about a 2,000 square foot home on a 5,000 square foot lot because of problems such as vegetation. He said he was not agreeable to the LR, however was amenable to the HR, LMR and MC to LMR. Commissioner Andrew felt the Commission must look at other scenarios in other cities in which most of the property is constructed under high density and there is no affordable housing. Motion was made by Commissioner Andrew to adopt resolution as set forth in the staff report approving the Negative Declaration and approving the requested Low Medium Density Residential land use designation, subject to the conditions listed in the Exhibit "A'! and recommend the same to the City Council with the deletion of Planning Department Condition #3 and removal of Finding #9. Motion died for lack of second. 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 ':disapproving the requested General Plan Amendment with the finding that it is not consistent with the General Plan. Responding to a qUestion by Chairman Messner, Mr. Hardisty said if the Commission wished to do so, this item could be continued until the next hearing 'without causing any problems for the balance of the cycle. Commissioner Rosenlieb Said she would be agreeable to continuing this item to the next cycle. 'Mr. BergqUist stated his opposition to this. Motion carried by the follOwing roll AYES: Commissioners call vote: Delgado, Hersh, Rosenlieb, Slocumb NOES: commissioners Andrew, Messner ABSENT: Commissioners Marino, Powers Motion was made by Commissioner Rosenlieb, seconded by Commissioner Slocumb to adopt resolution making findings as set forth in the staff report approving the Negative Declaration and disapproving the requested Specific Plan Amendment with the finding that it is not consistent with the Specific Plan. Motion carried by the following roll call vote: Minutes, PC, 9/16/93 AYES: NOES: Commissioners Commissioners Delgado, Hersh, Rosenlieb, Slocumb Andrew, Messner Page 6 ABSENT: Commissioners Marino, Powers Motion was made by Commissioner Rosenlieb, seconded by Commissioner Slocumb to adopt resolution making findings as set forth in the staff report, approving the Negative Declaration and disapproving the requested Zone Change. Motion carried by the following roll call vote: AYES: Commissioners Delgado, Hersh, Rosenlieb, Slocumb NOES: Commissioners Andrew, Messner ABSENT: Commissioners Marino, Powers Commissioner Slocumb stated a fax had been received from this applicant on this issue and he wanted to make it a part of the record. 5.2 a&b GPA 3-93, SEGMENT II,AND ZONE CHANGE #5492 Chailxnan Messner stated a request had been received from the applicant to continue this item to the next general plan cycle. Staff report was waived. Public portion of the hearing was opened; no one spoke in opposition. Craig Lynch represented the applicant and requested that this be continued to the next cycle due to a change in ownership of the property. Motion was made by commissioner Rosenlieb, seconded by Commissioner Marino to continue this item to the December 16, 1993 meeting. Motion carried. *5-minute break was taken at this time.