Loading...
HomeMy WebLinkAboutJune 19, 2003Council Chambers, City Hall, 1501 Truxtun Avenue ROLL CALL Present: Absent: Commissioners Gay, Tragish, Blockley, Ellison, Lomas, Spencer Commissioner Tkac Advisory Members: Ginny Gennaro, Stanley Grady, Marian Shaw, Jack Leonard Staff: Marc Gauthier, Pam Townsend PLEDGE OF ALLEGIANCE: PUBLIC STATEMENTS: None CONSENT CALENDAR: 4.1 Non-Public Hearing Items 4.1a Approval of minutes for Planning Commission meeting of May 1,2003. 4.1b Approval of General Plan Consistency finding for the vacation of the 20-foot th th wide alley west of Chester Avenue between 26 and 27 Streets (Block 456). (City of Bakersfield) (Exempt from CEQA) (Ward 2) 4.1c Approval of General Plan Consistency finding for the vacation of the flowage and drainage easement and the temporary access and storm drain easements westerly of South "H" Street, between Berkshire Road and Hosking Avenue (in Tentative Tract No. 5738). (City of Bakersfield). (Ward 7) 4.1d Approval of Extension of Time for Vesting Rights on Tract 6045 (Mclntosh & Associates) (Ward 5) 4.1e Approval of General Plan Consistency finding for the acquisition of property for the purpose of providing a 1,000 foot land use buffer between the old Bakersfield sanitary landfill and surrounding properties located south of Alfred Harrell Highway and west of Fairfax Road. (City of Bakersfield) (Ward 3) Motion was made by Commissioner Tragish, seconded by Commissioner Blockley, to approve the non-public hearing portion of the Consent Calendar. Motion carried by group vote. Minutes, PC, June 19, 2003 Page 2 4.2 Public Hearing Items 4.2a Approve withdrawal by applicant of GPA 01-1023 (David Dmohowski) (Ward 4) 4.2b&c Approve GPA/ZC 03-0339 (Kyle Carter Homes) (Ward 4) 4.2d&e Approve GPA/ZC 03-0394 (City of Bakersfield) (Wards 1-7) 4.2f Approve Vestin.q Tentative Map 6155 (Porter-Robertson Eng) (Ward 7) Public portion of the hearing opened. There were no public or Commissioner comments. Public portion of the hearing closed. Motion was made by Commissioner Ellison, seconded by Commissioner Blockley, to approve the public hearing portion of the Consent Calendar. Motion carried by group vote. 5. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS / Land Use Element Amendments / Zone Chanqes: 5.1a,b&c) General Plan Amendment/ZC 03-0014 and Cancellation of Williamson Act Contract (Marino Associates) (Ward 4) Commissioner Gay declared a conflict of interest on this project. Vice Chairman Tragish conducted the hearing. Mr. Grady went over memorandums that the Commission received since Monday's pre-meeting. One was dated June 18 responding to a late letter received from the Kern County Roads Department where they are indicating their concurrence with the findings of the proposed mitigation and one dated June 15 responding to a question at the pre-meeting regarding a request for a map identifying new streets within the area of this project. A memo also was provided to the Commission providing the findings and mitigation measures related to air quality and Ag policy which would need to be included in a motion to approve the project. Ms. Shaw went over some changes in conditions of approval. Number 6 references the dollar amount for the Regional Transportation Impact Fee. The dollar amount needs to be struck out as a later condition that requires the "current fee" is stated. Additionally, condition number 13 referencing the "City Engineer" needs to be changed to NORSD. Public portion of the hearing opened. Mike Nickel said that he would not oppose the zone change if it was done with a PCD overlay. He would like to have a say in how their future is developed. They would like the lighting not to shine in their backyards and the smells from restaurants be kept to a minimum. They would like traffic flow be taken seriously for the 25 acre commercial site. No one else spoke in opposition to the project. Jim Marino, representing the applicant, stated his client is more than interested in working with the neighbors as he moves through the project. Minutes, PC, June 19, 2003 Page 3 They agree to the PCD zone. Mr. Marino said that the applicant chose this site because the entire area is impacted by the encroachment of residential. The farming operations on this general plan amendment area is now restricted by the Ag Commissioner for chemicals. Mr. Marina said they are available to answer any questions the Commission may have. No one else spoke either for or against the project. Public portion of the hearing closed. Commissioner Lomas stated that the lighting issue concern should be addressed under City ordinance and then asked Mr. Marina if he had any suggestions about Mr. Nickel's concern about smells? Mr. Marina said that not at this time but they would be happy to accept the PCD so that they could work with the neighbors and Commission at the time of development which is several years in the future. Commissioner Lomas said she had a concern about access to the south and from the west. She would like the residents not to have to access the large roads (Allen and Kratzmeyer) to go shopping. Mr. Grady said that if she is wanting some kind of pedestrian or vehicle access, she could make that a condition that will be addressed when the PCD plan comes back for review by the Commission. Commissioner Ellison said he would support a PCD overlay on this project. He likes the fact that this creates a neighborhood commercial in an area of growth. It will cut down vehicle travel which will help benefit our air quality. Commissioner Ellison asked Heather Ellison of the SJAPCD if the mitigation measures for this project are similar to mitigation measures that are put on in other cities? Ms. Ellison said she does not think so. Commissioner Ellison asked Ms. Ellison which mitigation measures seem to be the most cost effective? Ms. Ellison said she does not have expertise in that but that at the time of development she has guidelines that she can go through. It can be anything from road widening for congestion management. The Ag engines are very cost effective. They have a limit of ten thousand per ton. Commissioner Ellison asked Ms. Ellison to comment on the item in the undated memo from Mr. Grady that says "in the event the City adopts an indirect source rule fee or other similar fee to reduce air quality impacts prior to the recordation of subdivisions for the residential area or issuance of building permits for the commercial area of this project site, this project site will be subject to the fees in effect at that time." Ms. Ellison said they expect to see "indirect source rules" coming forvvard over the next few years and they will help a great deal. It will be a combination of local and district. Commissioner Ellison asked Ms. Ellison to come back and give a workshop on air quality to the Commission. She said she would. Commissioner Blackley said that all of his questions have been answered and he would support a PCD overlay. Commissioner Tragish said he appreciates the applicant's feelings about encroachment of development of the east side of Allen Road as most farmers feel when they see this type of development. He said that irrespective of the fact that much of the land adjacent to the east of the applicant has already been zoned for various general plan use and much of the land under zoning is still agriculture both north and south of the property, his concern is whether they are Minutes, PC, June 19, 2003 Page 4 developing and approving these plans prematurely. He feels it should stay AG for a while and see how development goes on the west side of Allen Road. He feels that if the general plan is approved, a stampede will occur of people wanting to get zoning. Commissioner Tragish asked if the applicant owns the 80 acres west of the project and the land north of the project? Mr. Marina said yes. Commissioner Tragish asked why the applicant isn't asking to have that property rezaned as well? Mr. Marina said on the north side of Kratzmeyer Road there is an irrigation canal that they intend to deal with carefully as it feeds farmland to the west. The area of this general plan amendment is the area that is primarily impacted by the fact there has already been residential development approved on the east side of the road and you can't use chemicals within a quarter mile of those residents. They would like to carefully plan the rest of the property. They are in a gap between development that has begun on the west side in the City of Bakersfield and development planned on the east side in the County of Kern. Commissioner Lomas asked Mr. Nickel if he received a notice for this meeting? He said that only two houses out of 16 received a notice. Commissioner Lomas asked that staff collect their names so that they may be notified of any future proceedings. Commissioner Tragish asked if that was appropriate? Mr. Grady said yes. There were no further Commissioner comments. Motion made by Commissioner Ellison to adopt a resolution making findings approving the Negative Declaration and approving the requested general plan amendment to change the land use designation from R-IA (Resaurce-lntensive Agriculture) to LMR (Low Medium Density Residential) on 55 acres and to GC (General Commercial) on 25 acres as shown on Exhibit A-2 attached to draft resolution and recommend same to City Council including the undated memorandum from Stanley Grady regarding the air quality mitigation measures and Ag policy findings and a change in conditions number 6 and 13 as stated by Marian Shaw and including a condition that vehicular and pedestrian access along the western and southerly boundary be included. Commissioner Tragish clarified that condition number 6 would strike the dollar amount and condition number 13 would say NORSD instead of City Engineer. Motion was seconded by Commissioner Lomas. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Lomas, Spencer NOES: Commissioner Tragish ABSENT: Commissioner Gay, Tkac Commissioner Tragish said the reason for his no vote is because he thinks the development is premature and invasive of the agricultural configuration of the area and he is concerned about the orderly development of this area. Motion made by Commissioner Ellison, seconded by Commissioner Lomas, to adopt a resolution making findings approving the Negative Declaration and approving the zone change from A (Agriculture) to R-1 (One Family Dwelling) on 55 acres and to C-2 PCD overlay (Regional Commercial-Planned Commercial Development) on 25 acres as shown on Exhibit A-2 attached to draft resolution and recommend same to City Council including the undated memorandum from Stanley Grady regarding the air quality mitigation measures and Ag policy findings and a change in conditions number 6 and 13 as stated by Marian Shaw and including a condition that vehicular and pedestrian access along the western and southerly boundary be included. Motion carried by the following roll call vote: Minutes, PC, June 19, 2003 Page 5 AYES: NOES: ABSTAINED: ABSENT: Commissioner Blockley, Ellison, Lomas, Spencer None Commissioner Tragish Commissioner Gay, Tkac Commissioner Tragish said that he abstained for the same reasons he voted no on the general plan amendment. Motion made by Commissioner Ellison, seconded by Commissioner Blockley, to adopt a resolution making findings approving the Negative Declaration and approving the requested cancellation of Williamson Act Contract for the project site subject to conditions as shown on Exhibit A-2 attached to draft resolution and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioner Gay, Tkac A ten minute recess was taken. Chairman Gay took over as Chairman. 5.2a&b) General Plan Amendment/Zone Chanqe 03-0339 (Kyle Carter Homes) (Ward 4) See Consent Agenda 5.3a&b) General Plan Amendment/Zone Chanqe 03-0343 (Mclntosh & Associates) (Ward 1) Public portion of the hearing opened. Staff report given recommending approval subject to the conditions contained in the staff report and the motion should include a change in condition number 8 changing the dollar amount of the transportation impact fee as stated in a memorandum from Ms. Shaw dated June 19, 2003. Also include a memorandum from Mr. Grady dated June 9 adding condition number 4 related to maps submitted to the Department of Conservation and the final maps of the project showing the location of any wells that were abandoned on the site and noting that they would have to conform to any abandonment requirements of the Division of Oil and Gas as part of their map approval in the future. No one spoke in opposition to the project. Michelle LaMoine, representing the applicant, stated they have been in contact with staff and have reviewed the staff report and are in compliance with the conditions. They have received one late correspondence from Ms. Shaw recalculating the traffic impact fee. Their traffic study was prepared originally without a specific layout on this site so they made a conservative assumption of 400 lots for the project site. An air quality study was also prepared which they endeavored to make sure that their impacts did not exceed the threshold. In order to do so, they Minutes, PC, June 19, 2003 Page 6 evaluated the project with a total of 360 lots. She asked Ms. Shaw about the calculation of the traffic impact fee. Ms. Shaw said the dollar amount of $133,783 remains the same. The individual dwelling units were divided by 360 rather than 400. Mr. Grady said there is an additional memorandum that addresses the Ag policy that needs to be applied to this project. It is dated June 16, 2003 from himself. There is a density cap of 360 units and that density cap came out of the air quality analysis that was done for the project. Public portion of the hearing closed. Commissioner Blockley asked someone to address the density of 400 units on the project that was approved last year to the north versus this one at 360. Ms. LaMoine said that Advantage Homes has developed and is in the process of developing the adjacent approximate 100 acres to the north of the subject site. The product and design of that subdivision, that was approved by the Commission in June of last year, will be similar on this project site. However, at this particular time, they have not developed a specific tentative map or subdivision layout. This project site will be developed with a very similar product, therein their calculation for a known density using the same product. Commissioner Ellison said he would like to be consistent with mitigation measure policies. Commissioner Ellison asked if the Commission has the discretion to include the following statement: "In the event that the city adopts an indirect source rule fee or other similar fee to reduce air quality impacts prior to the recordation of subdivisions for the residential area or issuance of building permit." Mr. Grady said yes. Commissioner Ellison said he is in favor of this project. Commissioner Tragish said that he agrees that the "indirect source rule" should be included for consistency. He supports the general plan amendment and the zone change. Commissioner Gay asked Ms. LaMoine if they had a problem with Ms. Shaw's memo and she said no. There were no further Commissioner comments. Motion made by Commissioner Tragish, seconded by Commissioner Blockley, to adopt a resolution making findings approving the Negative Declaration and approving the requested general plan amendment to change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 81.10 acres as shown on Exhibit 2 and include the memos of June 9 and 16 from Mr. Grady and the memo of June 19 from Marian Shaw as well as include an additional condition that in the event that the city adopts an "indirect source rule fee" or other similar fee to reduce air quality impacts prior to the recordation of subdivisions for the residential area or issuance of building permits for the commercial area of this project site. This project shall be subject to the fees in effect at that time." Recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Lomas, Spencer, Tragish, Gay NOES: None ABSENT: Commissioner Tkac Minutes, PC, June 19, 2003 Page 7 Motion made by Commissioner Tragish, seconded by Commissioner Blockley, to adopt a resolution making findings approving the Negative Declaration and approving the requested zone change from A (Agriculture) to R-l/PUD (One Family Dwelling-Planned Commercial Development) on 81.10 acres as shown on Exhibit 2 and include the memos of June 9 and 16 from Mr. Grady and the memo of June 19 from Marian Shaw as well as include an additional condition that in the event that the city adopts an "indirect source rule fee" or other similar fee to reduce air quality impacts prior to the recordation of subdivisions for the residential area or issuance of building permits for the commercial area of this project site. This project shall be subject to the fees in effect at that time." Recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Lomas, Spencer, Tragish, Gay NOES: None ABSENT: Commissioner Tkac 5.4a&b) General Plan Amendment/Zone Chanqe No. 03-0362 (Robert Dean) (Ward 1) Public portion of the hearing opened. Mr. Grady said the Planning Commission has received a memorandum answering the questions from Monday's pre-meeting. Staff has determined that a deed notice be required for the project because of its proximity to the airport. That would have to be added as a condition of approval. Staff is recommending approval. Wayne Massey, owner of the property to the north zoned M-3, expressed a concern about having problems with residential being close to their property and any problems that may be created with future development. He also asked if the sewer capacity would be sufficient? Ms. Shaw said yes the area will be receding so the sewer line will have to be extended along Pacheco. Mr. Massey's property will be sewered to the north. Commissioner Gay asked if when they do that extension if they typically look at the potential in the neighbor and have whoever is doing the sewer line size it to accommodate? Ms. Shaw said yes the conditions state they will enter it into a reimbursement or oversizing agreement with this developer for the extension of that sewer line. Mr. Massey asked if the apartments would be two-story? Commissioner Gay said he didn't think they would know at this point until the developer came in with a specific plan. There maybe limitations he would have to follow. Mr. Massey said that if those items were addressed, they have no opposition to the project. No one else spoke in opposition to staff's recommendation. Robert Dean, project applicant, said he is in agreement with staff's recommendation. Public portion of the hearing closed. Commissioner Gay asked about the sewer line and where it would go and if it would extend to Cottonwood? Ms. Shaw said that they will look for the maximum service area. This area is somewhat constrained because of the depth of the line and the size of the downstream line. She is not sure how far they can get but they will try to get as much area served through the sewer line as possible. Minutes, PC, June 19, 2003 Page 8 Commissioner Gay asked if they would go to a lift station if necessary? Ms. Shaw said a lift station will help if there is a depth problem but if there is a capacity problem downstream that will take a great deal more work and would not be part of this project. Commissioner Tragish asked if there are lots to the west that allow livestock? Mr. Grady said yes there are some R-S zoned property to the west. Commissioner Tragish asked if they are adjacent to the applicant's property? Mr. Grady said there is a canal that runs between the two property lines. Commissioner Tragish asked what the requirements would be if you have R-S property next door to a future R-1 tract? Mr. Grady said there is a building setback requirement for the zone. The applicant can request modification from that setback if there are some particular site features that would make application of that policy practical. In this situation, with the canal between them, and the actual property that is zoned R-S, there is probably adequate buffer between where the buildings would be and where the zone line would be. They will evaluate that at the time the subdivision comes in. Commissioner Tragish asked if the memorandum from Ms. Shaw dated June 11, 2003, concerning condition 8a be part of the motion? Mr. Grady said yes. Commissioner Gay said he supports the project but asked what minimum requirements Mr. Massey's property will have to meet when he develops it to give a buffer between the homes to the south. Mr. Grady said the buffer you would get would be the landscaping in front of the building and the width of the street. There were no further Commissioner comments. Motion made by Commissioner Tragish, seconded by Commissioner Blockley, to adopt a resolution making findings approving the Negative Declaration and approving the requested general plan amendment to change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 81.7 acres, R-IA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on 4.5 acres and R-IA (Resource-Intensive Agriculture) to GC (General Commercial) on 12 acres as shown on Exhibit A as well as incorporating the memorandum of June 11, 2003 from Marian Shaw and to also make a further condition of a sample deed notice which is referenced in the June 18, 2003 memorandum from Mr. Grady and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Lomas, Spencer, Tragish, Gay NOES: None ABSENT: Commissioner Tkac Motion made by Commissioner Tragish, seconded by Commissioner Lomas, to adopt a resolution making findings approving the Negative Declaration and approving the zone change from A (Agriculture) to R-1 (One Family Dwelling) on 81.7 acres, A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on 4.5 acres and A (Agriculture) to C-2 (Regional Commercial) on 12 acres as shown on Exhibit B incorporating the memorandum of June 11,2003 from Marian Shaw and to also make a further condition of a sample of deed notice which is referenced in the June 18, 2003 memorandum from Mr. Grady and recommend same to City Council. Motion carried by the following roll call vote: Minutes, PC, June 19, 2003 Page 9 AYES: NOES: ABSENT: Commissioner Blockley, Ellison, Lomas, Spencer, Tragish, Gay None Commissioner Tkac 5.Sa&b) General Plan Amendment/Zone Chanqe 03-0394 (City of Bakersfield) (Wards 1-7) See Consent Agenda 5.6a&b) General Plan Amendment/Zone Chanqe 03-0418 (Mark Ponder) (Ward 7) Public portion of the hearing opened. Staff report given recommending approval. There was nothing to add from Monday's pre-meeting. No one spoke in opposition to the project. Robert Lusich, representing the applicant, stated they agreed with the staff report and condition of approval and would be happy to answer any questions the Commissioners may have. Public portion of the hearing closed. Commissioner Gay asked if the applicant is familiar with the remaining commercial to the east of the property being larger than five acres which is the City standard? Mr. Lusich said he is not familiar with the map that he was referring to but he believes there are several different sizes of commercial areas. A portion is a 15 acre piece. There is two, 2-1/2 acre parcels along the frontage road and a trailer sales along Highway 99 which is a 9 or 10 acre parcel. Commissioner Gay said his concern is that it not drop below the minimum threshold for commercial in the area. Commissioner Tragish asked Commissioner Ellison when he would like the indirect source rule applied that he brought up in a previous project and if it would pertain to this one? Commissioner Ellison said the indirect source rule would be applied as a mitigation measure for projects that required to be mitigated to below level of significance. This project is below that threshold. It should be a mitigation measure when mitigation measures are required and it should be put in place. Commissioner Gay asked if they are not being consistent by putting mitigation measures on all general plans as they did in 5.1 and 5.3? Mr. Grady said no because they are applying it to projects where they actually had to mitigate air quality emissions. In this case and the preceding case, the SJVAPCD said that they do not exceed the threshold. Mr. Lusich said there is a letter in the correspondence dated May 21, 2003 from the SJVAPCD from Ms. Ellison which says "upon review it does not appear that this project will result in any significant air quality impacts." Commissioner Tragish said it was his understanding that the indirect source rule would be in addition to the mitigation measures that are in effect. That is, in the future, if this fee source rule came up and if it was something that was required that they would have to pay that as well. Mr. Grady said we would not be able to have someone mitigate and impact twice. It is an either/or. There were no further Commissioner comments. Minutes, PC, June 19, 2003 Page 10 Motion made by Commissioner Tragish, seconded by Commissioner Ellison, to adopt a resolution making findings approving the Negative Declaration and approving the requested general plan amendment to change the land use designation from LMR (Low Medium Density Residential) and GC (General Commercial) to LR (Low Density Residential) on 20 acres as shown on Exhibit A-2 attached draft resolution and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Lomas, Spencer, Tragish, Gay NOES: None ABSENT: Commissioner Tkac Motion made by Commissioner Tragish, seconded by Commissioner Lomas, to adopt a resolution making findings approving the Negative Declaration and approving the zone change from A-20-A (Agricultural-20 acre minimum) to R-1 (One Family Dwelling) on 20 acres as shown on Exhibit A-2 attached to draft resolution and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Lomas, Spencer, Tragish, Gay NOES: None ABSENT: Commissioner Tkac Vestinq Tentative Map 6155 (Porter-Robertson Eng) (Ward 7) See Consent Agenda COMMUNICATIONS: Mr. Grady said staff will present an Air Quality Workshop on July 17, 2003. COMMISSION COMMENTS: Commissioner Lomas requested that the power point presentation be e-mail to the Commission prior to a hearing. Mr. Grady said yes they could do that. Commissioner Blockley commended the project (Agenda Item 5.3a&b) that went from 400 units to 360 to fall under the threshold for air pollution rules. 9. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE- MEETING: It was decided there would not be a pre-meeting on July 14, 2003. The meeting of July 3 was canceled. Minutes, PC, June 19, 2003 Page 11 10. ADJOURNMEMT: There being no further business to come before the Commission, the meeting was adjourned at 7:38 p.m. Pam Townsend, Recording Secretary Ju~y ]7, 2003 STANLEY GRADY, Secretary Planning Director Council Chambers, City Hall, 1501 Truxtun Avenue ROLL CALL Present: Absent: Commissioners Gay, Tragish, Blockley, Ellison, Lomas, Spencer Commissioner Tkac Advisory Members: Ginny Gennaro, Stanley Grady, Marian Shaw, Jack Leonard Staff: Marc Gauthier, Pam Townsend PLEDGE OF ALLEGIANCE: PUBLIC STATEMENTS: None CONSENT CALENDAR: 4.1 Non-Public Hearing Items 4.1a Approval of minutes for Planning Commission meeting of May 1,2003. 4.1b Approval of General Plan Consistency finding for the vacation of the 20-foot th th wide alley west of Chester Avenue between 26 and 27 Streets (Block 456). (City of Bakersfield) (Exempt from CEQA) (Ward 2) 4.1c Approval of General Plan Consistency finding for the vacation of the flowage and drainage easement and the temporary access and storm drain easements westerly of South "H" Street, between Berkshire Road and Hosking Avenue (in Tentative Tract No. 5738). (City of Bakersfield). (Ward 7) 4.1d Approval of Extension of Time for Vesting Rights on Tract 6045 (Mclntosh & Associates) (Ward 5) 4.1e Approval of General Plan Consistency finding for the acquisition of property for the purpose of providing a 1,000 foot land use buffer between the old Bakersfield sanitary landfill and surrounding properties located south of Alfred Harrell Highway and west of Fairfax Road. (City of Bakersfield) (Ward 3) Motion was made by Commissioner Tragish, seconded by Commissioner Blockley, to approve the non-public hearing portion of the Consent Calendar. Motion carried by group vote. Minutes, PC, June 19, 2003 Page 2 4.2 Public Hearing Items 4.2a Approve withdrawal by applicant of GPA 01-1023 (David Dmohowski) (Ward 4) 4.2b&c Approve GPA/ZC 03-0339 (Kyle Carter Homes) (Ward 4) 4.2d&e Approve GPA/ZC 03-0394 (City of Bakersfield) (Wards 1-7) 4.2f Approve Vestin.q Tentative Map 6155 (Porter-Robertson Eng) (Ward 7) Public portion of the hearing opened. There were no public or Commissioner comments. Public portion of the hearing closed. Motion was made by Commissioner Ellison, seconded by Commissioner Blockley, to approve the public hearing portion of the Consent Calendar. Motion carried by group vote. 5. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS / Land Use Element Amendments / Zone Chanqes: 5.1a,b&c) General Plan Amendment/ZC 03-0014 and Cancellation of Williamson Act Contract (Marino Associates) (Ward 4) Commissioner Gay declared a conflict of interest on this project. Vice Chairman Tragish conducted the hearing. Mr. Grady went over memorandums that the Commission received since Monday's pre-meeting. One was dated June 18 responding to a late letter received from the Kern County Roads Department where they are indicating their concurrence with the findings of the proposed mitigation and one dated June 15 responding to a question at the pre-meeting regarding a request for a map identifying new streets within the area of this project. A memo also was provided to the Commission providing the findings and mitigation measures related to air quality and Ag policy which would need to be included in a motion to approve the project. Ms. Shaw went over some changes in conditions of approval. Number 6 references the dollar amount for the Regional Transportation Impact Fee. The dollar amount needs to be struck out as a later condition that requires the "current fee" is stated. Additionally, condition number 13 referencing the "City Engineer" needs to be changed to NORSD. Public portion of the hearing opened. Mike Nickel said that he would not oppose the zone change if it was done with a PCD overlay. He would like to have a say in how their future is developed. They would like the lighting not to shine in their backyards and the smells from restaurants be kept to a minimum. They would like traffic flow be taken seriously for the 25 acre commercial site. No one else spoke in opposition to the project. Jim Marino, representing the applicant, stated his client is more than interested in working with the neighbors as he moves through the project. Minutes, PC, June 19, 2003 Page 3 They agree to the PCD zone. Mr. Marino said that the applicant chose this site because the entire area is impacted by the encroachment of residential. The farming operations on this general plan amendment area is now restricted by the Ag Commissioner for chemicals. Mr. Marina said they are available to answer any questions the Commission may have. No one else spoke either for or against the project. Public portion of the hearing closed. Commissioner Lomas stated that the lighting issue concern should be addressed under City ordinance and then asked Mr. Marina if he had any suggestions about Mr. Nickel's concern about smells? Mr. Marina said that not at this time but they would be happy to accept the PCD so that they could work with the neighbors and Commission at the time of development which is several years in the future. Commissioner Lomas said she had a concern about access to the south and from the west. She would like the residents not to have to access the large roads (Allen and Kratzmeyer) to go shopping. Mr. Grady said that if she is wanting some kind of pedestrian or vehicle access, she could make that a condition that will be addressed when the PCD plan comes back for review by the Commission. Commissioner Ellison said he would support a PCD overlay on this project. He likes the fact that this creates a neighborhood commercial in an area of growth. It will cut down vehicle travel which will help benefit our air quality. Commissioner Ellison asked Heather Ellison of the SJAPCD if the mitigation measures for this project are similar to mitigation measures that are put on in other cities? Ms. Ellison said she does not think so. Commissioner Ellison asked Ms. Ellison which mitigation measures seem to be the most cost effective? Ms. Ellison said she does not have expertise in that but that at the time of development she has guidelines that she can go through. It can be anything from road widening for congestion management. The Ag engines are very cost effective. They have a limit of ten thousand per ton. Commissioner Ellison asked Ms. Ellison to comment on the item in the undated memo from Mr. Grady that says "in the event the City adopts an indirect source rule fee or other similar fee to reduce air quality impacts prior to the recordation of subdivisions for the residential area or issuance of building permits for the commercial area of this project site, this project site will be subject to the fees in effect at that time." Ms. Ellison said they expect to see "indirect source rules" coming forvvard over the next few years and they will help a great deal. It will be a combination of local and district. Commissioner Ellison asked Ms. Ellison to come back and give a workshop on air quality to the Commission. She said she would. Commissioner Blackley said that all of his questions have been answered and he would support a PCD overlay. Commissioner Tragish said he appreciates the applicant's feelings about encroachment of development of the east side of Allen Road as most farmers feel when they see this type of development. He said that irrespective of the fact that much of the land adjacent to the east of the applicant has already been zoned for various general plan use and much of the land under zoning is still agriculture both north and south of the property, his concern is whether they are Minutes, PC, June 19, 2003 Page 4 developing and approving these plans prematurely. He feels it should stay AG for a while and see how development goes on the west side of Allen Road. He feels that if the general plan is approved, a stampede will occur of people wanting to get zoning. Commissioner Tragish asked if the applicant owns the 80 acres west of the project and the land north of the project? Mr. Marina said yes. Commissioner Tragish asked why the applicant isn't asking to have that property rezaned as well? Mr. Marina said on the north side of Kratzmeyer Road there is an irrigation canal that they intend to deal with carefully as it feeds farmland to the west. The area of this general plan amendment is the area that is primarily impacted by the fact there has already been residential development approved on the east side of the road and you can't use chemicals within a quarter mile of those residents. They would like to carefully plan the rest of the property. They are in a gap between development that has begun on the west side in the City of Bakersfield and development planned on the east side in the County of Kern. Commissioner Lomas asked Mr. Nickel if he received a notice for this meeting? He said that only two houses out of 16 received a notice. Commissioner Lomas asked that staff collect their names so that they may be notified of any future proceedings. Commissioner Tragish asked if that was appropriate? Mr. Grady said yes. There were no further Commissioner comments. Motion made by Commissioner Ellison to adopt a resolution making findings approving the Negative Declaration and approving the requested general plan amendment to change the land use designation from R-IA (Resaurce-lntensive Agriculture) to LMR (Low Medium Density Residential) on 55 acres and to GC (General Commercial) on 25 acres as shown on Exhibit A-2 attached to draft resolution and recommend same to City Council including the undated memorandum from Stanley Grady regarding the air quality mitigation measures and Ag policy findings and a change in conditions number 6 and 13 as stated by Marian Shaw and including a condition that vehicular and pedestrian access along the western and southerly boundary be included. Commissioner Tragish clarified that condition number 6 would strike the dollar amount and condition number 13 would say NORSD instead of City Engineer. Motion was seconded by Commissioner Lomas. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Lomas, Spencer NOES: Commissioner Tragish ABSENT: Commissioner Gay, Tkac Commissioner Tragish said the reason for his no vote is because he thinks the development is premature and invasive of the agricultural configuration of the area and he is concerned about the orderly development of this area. Motion made by Commissioner Ellison, seconded by Commissioner Lomas, to adopt a resolution making findings approving the Negative Declaration and approving the zone change from A (Agriculture) to R-1 (One Family Dwelling) on 55 acres and to C-2 PCD overlay (Regional Commercial-Planned Commercial Development) on 25 acres as shown on Exhibit A-2 attached to draft resolution and recommend same to City Council including the undated memorandum from Stanley Grady regarding the air quality mitigation measures and Ag policy findings and a change in conditions number 6 and 13 as stated by Marian Shaw and including a condition that vehicular and pedestrian access along the western and southerly boundary be included. Motion carried by the following roll call vote: Minutes, PC, June 19, 2003 Page 5 AYES: NOES: ABSTAINED: ABSENT: Commissioner Blockley, Ellison, Lomas, Spencer None Commissioner Tragish Commissioner Gay, Tkac Commissioner Tragish said that he abstained for the same reasons he voted no on the general plan amendment. Motion made by Commissioner Ellison, seconded by Commissioner Blockley, to adopt a resolution making findings approving the Negative Declaration and approving the requested cancellation of Williamson Act Contract for the project site subject to conditions as shown on Exhibit A-2 attached to draft resolution and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioner Gay, Tkac A ten minute recess was taken. Chairman Gay took over as Chairman. 5.2a&b) General Plan Amendment/Zone Chanqe 03-0339 (Kyle Carter Homes) (Ward 4) See Consent Agenda 5.3a&b) General Plan Amendment/Zone Chanqe 03-0343 (Mclntosh & Associates) (Ward 1) Public portion of the hearing opened. Staff report given recommending approval subject to the conditions contained in the staff report and the motion should include a change in condition number 8 changing the dollar amount of the transportation impact fee as stated in a memorandum from Ms. Shaw dated June 19, 2003. Also include a memorandum from Mr. Grady dated June 9 adding condition number 4 related to maps submitted to the Department of Conservation and the final maps of the project showing the location of any wells that were abandoned on the site and noting that they would have to conform to any abandonment requirements of the Division of Oil and Gas as part of their map approval in the future. No one spoke in opposition to the project. Michelle LaMoine, representing the applicant, stated they have been in contact with staff and have reviewed the staff report and are in compliance with the conditions. They have received one late correspondence from Ms. Shaw recalculating the traffic impact fee. Their traffic study was prepared originally without a specific layout on this site so they made a conservative assumption of 400 lots for the project site. An air quality study was also prepared which they endeavored to make sure that their impacts did not exceed the threshold. In order to do so, they Minutes, PC, June 19, 2003 Page 6 evaluated the project with a total of 360 lots. She asked Ms. Shaw about the calculation of the traffic impact fee. Ms. Shaw said the dollar amount of $133,783 remains the same. The individual dwelling units were divided by 360 rather than 400. Mr. Grady said there is an additional memorandum that addresses the Ag policy that needs to be applied to this project. It is dated June 16, 2003 from himself. There is a density cap of 360 units and that density cap came out of the air quality analysis that was done for the project. Public portion of the hearing closed. Commissioner Blockley asked someone to address the density of 400 units on the project that was approved last year to the north versus this one at 360. Ms. LaMoine said that Advantage Homes has developed and is in the process of developing the adjacent approximate 100 acres to the north of the subject site. The product and design of that subdivision, that was approved by the Commission in June of last year, will be similar on this project site. However, at this particular time, they have not developed a specific tentative map or subdivision layout. This project site will be developed with a very similar product, therein their calculation for a known density using the same product. Commissioner Ellison said he would like to be consistent with mitigation measure policies. Commissioner Ellison asked if the Commission has the discretion to include the following statement: "In the event that the city adopts an indirect source rule fee or other similar fee to reduce air quality impacts prior to the recordation of subdivisions for the residential area or issuance of building permit." Mr. Grady said yes. Commissioner Ellison said he is in favor of this project. Commissioner Tragish said that he agrees that the "indirect source rule" should be included for consistency. He supports the general plan amendment and the zone change. Commissioner Gay asked Ms. LaMoine if they had a problem with Ms. Shaw's memo and she said no. There were no further Commissioner comments. Motion made by Commissioner Tragish, seconded by Commissioner Blockley, to adopt a resolution making findings approving the Negative Declaration and approving the requested general plan amendment to change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 81.10 acres as shown on Exhibit 2 and include the memos of June 9 and 16 from Mr. Grady and the memo of June 19 from Marian Shaw as well as include an additional condition that in the event that the city adopts an "indirect source rule fee" or other similar fee to reduce air quality impacts prior to the recordation of subdivisions for the residential area or issuance of building permits for the commercial area of this project site. This project shall be subject to the fees in effect at that time." Recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Lomas, Spencer, Tragish, Gay NOES: None ABSENT: Commissioner Tkac Minutes, PC, June 19, 2003 Page 7 Motion made by Commissioner Tragish, seconded by Commissioner Blockley, to adopt a resolution making findings approving the Negative Declaration and approving the requested zone change from A (Agriculture) to R-l/PUD (One Family Dwelling-Planned Commercial Development) on 81.10 acres as shown on Exhibit 2 and include the memos of June 9 and 16 from Mr. Grady and the memo of June 19 from Marian Shaw as well as include an additional condition that in the event that the city adopts an "indirect source rule fee" or other similar fee to reduce air quality impacts prior to the recordation of subdivisions for the residential area or issuance of building permits for the commercial area of this project site. This project shall be subject to the fees in effect at that time." Recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Lomas, Spencer, Tragish, Gay NOES: None ABSENT: Commissioner Tkac 5.4a&b) General Plan Amendment/Zone Chanqe No. 03-0362 (Robert Dean) (Ward 1) Public portion of the hearing opened. Mr. Grady said the Planning Commission has received a memorandum answering the questions from Monday's pre-meeting. Staff has determined that a deed notice be required for the project because of its proximity to the airport. That would have to be added as a condition of approval. Staff is recommending approval. Wayne Massey, owner of the property to the north zoned M-3, expressed a concern about having problems with residential being close to their property and any problems that may be created with future development. He also asked if the sewer capacity would be sufficient? Ms. Shaw said yes the area will be receding so the sewer line will have to be extended along Pacheco. Mr. Massey's property will be sewered to the north. Commissioner Gay asked if when they do that extension if they typically look at the potential in the neighbor and have whoever is doing the sewer line size it to accommodate? Ms. Shaw said yes the conditions state they will enter it into a reimbursement or oversizing agreement with this developer for the extension of that sewer line. Mr. Massey asked if the apartments would be two-story? Commissioner Gay said he didn't think they would know at this point until the developer came in with a specific plan. There maybe limitations he would have to follow. Mr. Massey said that if those items were addressed, they have no opposition to the project. No one else spoke in opposition to staff's recommendation. Robert Dean, project applicant, said he is in agreement with staff's recommendation. Public portion of the hearing closed. Commissioner Gay asked about the sewer line and where it would go and if it would extend to Cottonwood? Ms. Shaw said that they will look for the maximum service area. This area is somewhat constrained because of the depth of the line and the size of the downstream line. She is not sure how far they can get but they will try to get as much area served through the sewer line as possible. Minutes, PC, June 19, 2003 Page 8 Commissioner Gay asked if they would go to a lift station if necessary? Ms. Shaw said a lift station will help if there is a depth problem but if there is a capacity problem downstream that will take a great deal more work and would not be part of this project. Commissioner Tragish asked if there are lots to the west that allow livestock? Mr. Grady said yes there are some R-S zoned property to the west. Commissioner Tragish asked if they are adjacent to the applicant's property? Mr. Grady said there is a canal that runs between the two property lines. Commissioner Tragish asked what the requirements would be if you have R-S property next door to a future R-1 tract? Mr. Grady said there is a building setback requirement for the zone. The applicant can request modification from that setback if there are some particular site features that would make application of that policy practical. In this situation, with the canal between them, and the actual property that is zoned R-S, there is probably adequate buffer between where the buildings would be and where the zone line would be. They will evaluate that at the time the subdivision comes in. Commissioner Tragish asked if the memorandum from Ms. Shaw dated June 11, 2003, concerning condition 8a be part of the motion? Mr. Grady said yes. Commissioner Gay said he supports the project but asked what minimum requirements Mr. Massey's property will have to meet when he develops it to give a buffer between the homes to the south. Mr. Grady said the buffer you would get would be the landscaping in front of the building and the width of the street. There were no further Commissioner comments. Motion made by Commissioner Tragish, seconded by Commissioner Blockley, to adopt a resolution making findings approving the Negative Declaration and approving the requested general plan amendment to change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 81.7 acres, R-IA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on 4.5 acres and R-IA (Resource-Intensive Agriculture) to GC (General Commercial) on 12 acres as shown on Exhibit A as well as incorporating the memorandum of June 11, 2003 from Marian Shaw and to also make a further condition of a sample deed notice which is referenced in the June 18, 2003 memorandum from Mr. Grady and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Lomas, Spencer, Tragish, Gay NOES: None ABSENT: Commissioner Tkac Motion made by Commissioner Tragish, seconded by Commissioner Lomas, to adopt a resolution making findings approving the Negative Declaration and approving the zone change from A (Agriculture) to R-1 (One Family Dwelling) on 81.7 acres, A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on 4.5 acres and A (Agriculture) to C-2 (Regional Commercial) on 12 acres as shown on Exhibit B incorporating the memorandum of June 11,2003 from Marian Shaw and to also make a further condition of a sample of deed notice which is referenced in the June 18, 2003 memorandum from Mr. Grady and recommend same to City Council. Motion carried by the following roll call vote: Minutes, PC, June 19, 2003 Page 9 AYES: NOES: ABSENT: Commissioner Blockley, Ellison, Lomas, Spencer, Tragish, Gay None Commissioner Tkac 5.Sa&b) General Plan Amendment/Zone Chanqe 03-0394 (City of Bakersfield) (Wards 1-7) See Consent Agenda 5.6a&b) General Plan Amendment/Zone Chanqe 03-0418 (Mark Ponder) (Ward 7) Public portion of the hearing opened. Staff report given recommending approval. There was nothing to add from Monday's pre-meeting. No one spoke in opposition to the project. Robert Lusich, representing the applicant, stated they agreed with the staff report and condition of approval and would be happy to answer any questions the Commissioners may have. Public portion of the hearing closed. Commissioner Gay asked if the applicant is familiar with the remaining commercial to the east of the property being larger than five acres which is the City standard? Mr. Lusich said he is not familiar with the map that he was referring to but he believes there are several different sizes of commercial areas. A portion is a 15 acre piece. There is two, 2-1/2 acre parcels along the frontage road and a trailer sales along Highway 99 which is a 9 or 10 acre parcel. Commissioner Gay said his concern is that it not drop below the minimum threshold for commercial in the area. Commissioner Tragish asked Commissioner Ellison when he would like the indirect source rule applied that he brought up in a previous project and if it would pertain to this one? Commissioner Ellison said the indirect source rule would be applied as a mitigation measure for projects that required to be mitigated to below level of significance. This project is below that threshold. It should be a mitigation measure when mitigation measures are required and it should be put in place. Commissioner Gay asked if they are not being consistent by putting mitigation measures on all general plans as they did in 5.1 and 5.3? Mr. Grady said no because they are applying it to projects where they actually had to mitigate air quality emissions. In this case and the preceding case, the SJVAPCD said that they do not exceed the threshold. Mr. Lusich said there is a letter in the correspondence dated May 21, 2003 from the SJVAPCD from Ms. Ellison which says "upon review it does not appear that this project will result in any significant air quality impacts." Commissioner Tragish said it was his understanding that the indirect source rule would be in addition to the mitigation measures that are in effect. That is, in the future, if this fee source rule came up and if it was something that was required that they would have to pay that as well. Mr. Grady said we would not be able to have someone mitigate and impact twice. It is an either/or. There were no further Commissioner comments. Minutes, PC, June 19, 2003 Page 10 Motion made by Commissioner Tragish, seconded by Commissioner Ellison, to adopt a resolution making findings approving the Negative Declaration and approving the requested general plan amendment to change the land use designation from LMR (Low Medium Density Residential) and GC (General Commercial) to LR (Low Density Residential) on 20 acres as shown on Exhibit A-2 attached draft resolution and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Lomas, Spencer, Tragish, Gay NOES: None ABSENT: Commissioner Tkac Motion made by Commissioner Tragish, seconded by Commissioner Lomas, to adopt a resolution making findings approving the Negative Declaration and approving the zone change from A-20-A (Agricultural-20 acre minimum) to R-1 (One Family Dwelling) on 20 acres as shown on Exhibit A-2 attached to draft resolution and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioner Blockley, Ellison, Lomas, Spencer, Tragish, Gay NOES: None ABSENT: Commissioner Tkac Vestinq Tentative Map 6155 (Porter-Robertson Eng) (Ward 7) See Consent Agenda COMMUNICATIONS: Mr. Grady said staff will present an Air Quality Workshop on July 17, 2003. COMMISSION COMMENTS: Commissioner Lomas requested that the power point presentation be e-mail to the Commission prior to a hearing. Mr. Grady said yes they could do that. Commissioner Blockley commended the project (Agenda Item 5.3a&b) that went from 400 units to 360 to fall under the threshold for air pollution rules. 9. DISCUSSION AND ACTION REGARDING POSSIBLE CANCELLATION OF THE NEXT PRE- MEETING: It was decided there would not be a pre-meeting on July 14, 2003. The meeting of July 3 was canceled. Minutes, PC, June 19, 2003 Page 11 10. ADJOURNMEMT: There being no further business to come before the Commission, the meeting was adjourned at 7:38 p.m. Pam Townsend, Recording Secretary Ju~y ]7, 2003 STANLEY GRADY, Secretary Planning Director