Loading...
HomeMy WebLinkAboutSeptember 16, 2004 PLANNING COMMISSION OF THE CITY OF BAKERSFIELD MINUTES OF SEPTEMBER 16, 2004 - 5;30 p.m. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL Present: Commissioners Tragish, Ellison, Blockley, Gay, Lomas, Spencer Absent: Commissioner Tkac Advisory Members: Robert Sherfy, Stanley Grady, Marian Shaw, Phil Burns Staff: Marc Gauthier, Pam Townsend 2. PLEDGE OF ALLEGIANCE: 3. PUBLIC STATEMENTS: Scott Simmons, David Bedke and a Mr. Yero filled out speakers cards but stated they would speak when the item came up for hearing at its regular time on the agenda. Commissioner Blockley stated that while he was not at the pre-meeting he did review the tapes and he is prepared to vote tonight. 4. CONSENT CALENDAR: 4.1 Non-Public Hearing Items 4.1 a Approval of minutes for Planning Commission meetings of July 1 and 15, 2004. Commissioner Blockley moved, seconded by Commissioner Spencer, to approve the consent calendar non-public hearing items. Motion carried by group vote. 4.2 Public Hearing Items 4.2a,b&c GPA/ZC/Williamson Act Contract Cancellation 04-0871 (Marino Associates) (Ward 4) Public portion of the hearing opened. There were no comments made by public or Commissioners. Public hearing is closed. Motion made by Commissioner Ellison, seconded by Commissioner Gay to approve consent calendar public hearing items 4.2a, 42.b and 4.2c, incorporating the memoranda dated September 8 and 13, 2004. Minutes, PC, September 16, 2004 Page 2 Motion passed by the following roll call vote: AYES: Commissioners Blockley, Ellison, Gay, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioner Tkac 5. PUBLIC HEARINGS — GENERAL PLAN AMENDMENTS / Land Use Element Amendments / Zone Changes: 5.1) General Plan Amendment 04-0870 (Griffin Industries) (Ward 3) Public portion of the hearing opened. Staff report given recommending approval. Ken Hudson with Kern Resources and Joseph Austin with the Division of Oil and Gas spoke against the project. Ken Hudson commented that Staff's rebuttal to the Div. of Oil & Gas comments stating that the proposal would not prevent oil from being extracted is shortsighted and ignores the fact that the mineral lease owned by State Energy and Kern Resources gives them the full right of ingress and egress, and the sole right of the lessee to construct, use, maintain, erect, repair and replace thereon and remove therefrom, all pipe lines, telephone and power lines, change machinery, buildings and other structures, which the lessee may desire. He further stated that a subdivision structure would preclude all of these activities. Mr. Hudson commented that the PC's own study, indicates the Kern Bluff Oilfield has an estimated 111 million barrels remaining. He further commented that the Div. of Oil and Gas states that the requirements of a conditional use permit are a hindrance to oil and gas operators, and have resulted in the loss of availability of resources as evidenced by the lack of drilling for oil and gas on lands that have residential land use and zoning designations. Mr. Hudson went on to say that the Div. of Oil and Gas recommends available mitigation measures be adopted, and that the PC's simple statement to rebut the recommendation of the Petroleum Engineers from the State of California Div of Oil and Gas, is that the proposal to change the zoning would have no significant impact on the availability of oil and gas within the Kern Bluff Oilfield. Joseph Austin stated that there are more than 10 wells that have been drilled. There are 35 wells, some of which are plugged and abandoned, and most of which have been idle for many years, and some of which are being reactivated. Mr. Austin stated that the 110,000 barrels of oil reserve does not account for the leases being put back on production, and the possibility of directional well technology and steam technology being used. Mr. Austin further commented that the abandonment of this portion of the oilfield might be premature without a detailed and credible engineering study to report on the amount of residual oil in the reservoir. He stated even with such a report, it wouldn't seem to rebut what the oil and gas operator seems to be in the process of doing and therefore there must be a significant amount of residual oil in place to go after. Susan Zimmerman, an acquisition and planning associate with Griffin Industries, and an applicant in this current amendment, stated that the President of Real Estate Development with Griffin Industries is present with her, as well as Scott Simons, Principal Geologist with Goren & Assoc. in Thousand Oaks, CA and Brett Dawson, Engineer with San Joaquin Engineering. Ms. Zimmerman stated that they concur with Staff's recommendation. She explained that changing the land use designation does not change the rights of the mineral owners. She stated that for the past several years there has been no production on this site. Minutes, PC, September 16, 2004 Page 3 Scott Simons stated that he concurs with Staff's recommendation. He stated that out of the 35 wells they are only producing a total 17 'h barrels per day total. Mr. Simons further commented that the Havana lease has only produced less than 400 barrels of oil in two years, and there's one well producing only 'h barrel a day. He stated that this is not a significant oil resource. He stated that directional drill methods can still be used to look for new reservoirs within the project site. Brett Dawson stated that this is adjacent to not only existing homes, but at least two tentative tracts; all single-family home development. In addition, he stated that they are only trying to bring the general plan consistent with the zoning, and are not in any way taking away the rights for oil exploration. Richard Niece, with Griffin Industries, stated that they are in contract to purchase the 134 acres. Griffin Industries has been building residential communities for the last 100 years, and they have over 34,000 happy homeowners and shopping centers, office buildings, park and community amenities. Public hearing is closed. Commissioner Ellison asked if the R-MP land use designation had a requirement of 5 acre parcels, to which Staff responded in the affirmative. Commissioner Ellison further inquired how it would be compatible with the R-1 zoning in terms of density? Staff responded that it is not compatible and that is why there is a GPA. He inquired if the conditional use permit exemption has expired or if it was continued when the oil and gas ordinances were renewed, to which Staff responded that it is still in the Municipal Code for such, and still in effect. Commissioner Ellison stated that he is concerned about safety, and that if there is a conditional use permit exemption, and the GPA land use designation is changed, without drill sites already being zoned then they have to make sure they have drill islands or drill sites at the subdivision level, because he sees a conflict with the drilling exemption saying that the operator can drill, but not providing a place to drill at this time. Commissioner Ellison inquired when the original R-MP land use designation was established, to which Staff responded that they did not know, but that it has been that way since 1992. Mr. Austin indicated that there has been some field articles written, and some maps which speak in generalities. Commissioner Ellison inquired of Mr. Simons if his firm has done a specific study of the resource in this project area, to which Mr. Simmons responded they had not. He indicated that they used the Division's numbers as a basis for the resource being less than significant. Commissioner Ellison inquired if Mr. Simons' thought a geological engineering study would provide a different answer with regard to the significance issue, to which Mr. Simons stated that he did not believe it would. Mr. Simons added that this site is right across the street from an approved tract that will be going forward (tract 6191), which was part of the Signal Oilfield, and he questions why Signal Oil is pulling out and turning it over to development. Mr. Simons stated that this leads him to believe that there isn't really a significant reservoir left. Commissioner Gay asked Mr. Austin what happens to the 35 wells, to which Mr. Austin responded that some are plugged and some are abandoned, as well as some that are active. The active area has an LR designation. Mr. Austin stated there appears to be an inconsistency. Commissioner Gay asked Mr. Austin about the directional drilling to gain access to the resources, and what size parcels are needed for directional drilling, to which Mr. Austin responded that it could been done from a normal residential area with a 2 acre site. Minutes, PC, September 16, 2004 Page 4 Commissioner Gay further inquired of Staff how there is R-1 with an underlying designation of R- MP, to which Staff responded that this occurred probably during the annexation process. Commissioner Gay asked if a conditional use permit would be required with the LR designation, to which Staff responded that the Kern Bluff Field is exempt by ordinance, and would have to apply the same development standards, but do not have to go through a public hearing process. Staff stated that if a drill site was made available at the subdivision stage they would simply be able to adhere to the development standards to operate the drill site. Commissioner Gay stated that he believes in private property rights. He inquired if the LR is approved if they would see the drill site again later on, to which Staff responded that the ordinance provides for the mineral holders to have access to the subdivision, and if a property owner comes in within a couple of years with a subdivision they would be required to either have all the mineral rights signatures or be in compliance with the ordinance, or provide a drill site. Commissioner Blockley expressed the same concerns. Staff clarified that there are ordinances and policies that provide access to the minerals. Commissioner Spencer inquired of Mr. Hudson if the wording in the Negative Declaration could be changed to satisfy his concerns, to which Mr. Hudson stated that the number of barrel discrepancy is of concern, and he believes the real numbers show the significance issue. Staff responded that they don't think a meeting is needed to come up with new language. Staff stated there are three issues: 1) the oilfield significance, 2) is its land use compatible, and 3) does it preclude access to the minerals? Staff believes it's not a significant site, and that approval of Staff's recommendation would not preclude access to the site as it is protected through the subdivision map act process. Commissioner Gay stated that he agrees that a meeting is not going to solve the issues presented. Commissioner Ellison inquired what is significant mineral resources? He stated that he does not agree that 110 barrels is not insignificant. Commissioner Lomas asked how many drill sites are required on 134 acres with at 2-1/2 acre drill sites? Staff responded that there is no requirement based on the size of the property, and that requirement is evaluated when the subdivision comes in. Commissioner Lomas inquired at the time the maps are drawn and there is a dispute with the mineral rights holder, who decides the dispute. Staff responded that the question is one they've never had, because there isn't a site so large that they would be looking at having that many drill sites at one time. Commissioner Lomas asked what is involved with a resource study and what it would tell them? Commissioner Ellison responded that it would determine the amount of oil in place originally, then minus the oil that has been produced. Commissioner Lomas indicated that if she had a study that better clarified the issue of significance she would feel more comfortable. Commissioner Tragish stated that many of the comments made reflect his inclination. He stated that he thinks it is compatible, and therefore is not an issue. He stated that he is more concerned with access. He suggested a continuance would be worth the time to get an analysis done. Commissioner Gay inquired if Mr. Hudson could come in and ask for a drill site on each of the three wells and on those 35 idle wells, to which Staff responded that he could. Commissioner Gay said that based on this he would support the applicant's recommendation to go to LR. Minutes, PC, September 16, 2004 Page 5 Commissioner Gay moved, seconded by Commissioner Blockley, to adopt the resolution approving the Negative Declaration approving the requested General Plan Amendment to change the land use designation from R-MP (Resource-Mineral and Petroleum) to LR (Low Density Residential) on 134 acres as shown on Exhibit 1 and recommend the same to City Council. Motion failed by the following roll call vote: AYES: Commissioners Blockley, Gay NOES: Commissioners Lomas, Spencer, Tragish ABSTAINED: Commissioner Ellison ABSENT: Commissioner Tkac Commissioner Ellison stated his abstention is because he does not feel that there is adequate information outlining the resource under this project, and felt this was necessary to make a vote. Commissioner Lomas stated she would have liked more information, and would have preferred a continuance. Commissioner Spencer stated his explanation is the same as Commissioner Ellison and that he feels that he would have agreed to a continuance. Commissioner Tragish states his reason for voting no is that he believes there is insufficient information in which to determine whether or not this project makes a significant impact. He stated he would like to see the applicant either get a report on the resource, or work something out with the mineral holder as to location for drilling. 5.2a&b) General Plan Amendment/Zone Change 03-1169 (McIntosh &Assoc.) (Ward 6) Staff report given. Public hearing opened. Roger McIntosh, McIntosh & Associates, representing Castle & Cooke stated the applicant asked for an LMR to provide for a product type in this area as it is needed and has been a successful product. Mr. McIntosh gave a presentation, and stated they oppose Staff's recommendation. Public hearing is closed. Commissioner Lomas inquired about page 4 of the staff report in the 2nd paragraph recommending that the subject site R-2 zoning have a minimum density of 10 dwelling units per net acre. Staff responded that a condition should be added. Commissioner Lomas stated that she thinks they need to take great care in downsizing or removing any apartment site. She stated that she agrees with Staff's recommendation providing verbiage be added that there is a minimum density of 10 dwelling units per acre. Commissioner Gay stated that he concurs with Commissioner Lomas. Commissioner Gay inquired if LMR would be inconsistent with the 10 dwelling unit per acre minimum, to which Staff responded that the reason they went for the higher one is because the LMR had the lower end, and the range would be such that it could be dropped below 10. Commissioner Spencer requested clarification as to what is being proposed and if they are Minutes, PC, September 16, 2004 Page 6 completely deleting requirements for installation of sidewalks, crossings, or landscaping. Staff responded that the memo's intent is to have stages. Commissioner Blockley stated that he met with Castle & Cooke and Mr. McIntosh regarding the reasons why they should oppose Staff's recommendation. He questioned the dispute of individual houses on small lots versus four-plexes on a 6,000 sq ft. lot. Commissioner Tragish concurred with Commissioner Blockley's statement, and stated that he likes the idea of starter homes. He stated he would support a motion with an LMR designation. Commissioner Gay stated that if the housing starts at $175,000 it will drive down the affordability and will create a need for multi-family housing. He stated that if we loose multi-family housing you cannot get it back, especially with R-1 zoning. Commissioner Lomas moved, seconded by Commissioner Spencer, to adopt a resolution making findings approving the Negative Declaration and Staff's recommendation to approve land use designation change from HR to HMR on 11.86 acres and from GC to HMR on 8.22 acres as shown on Exhibit A-2 and recommend the same to City Council, incorporating the memo dated September 16, 2004 from Marian Shaw, and incorporating as a condition minimum density of 10 dwelling units per net acre. Motion passed by the following roll call vote: AYES: Commissioners Ellison, Gay, Lomas, Spencer NOES: Commissioners Blockley, Tragish ABSENT: Commissioner Tkac Commissioner Blockley stated that he agrees with Commissioner Gay's comments, and that what they've seen in the past is nothing less than unanimous opposition to maps and anything having to do with actual subdivisions involving high density projects, and they've seen the rejection of four-plexes to the extent that streets are threatened to be closed. He stated he thought this would be a way to increase the density in that particular area. Commissioner Tragish stated that he voted against the motion as he agrees with Commissioner Blockley that this is an opportunity for high density and does provide an opportunity for starter homes. He stated that he does not see this as a reason to object to apartments. He further stated that he believes that there is more than ample opportunity for apartments to be put in south of Panama Lane which apparently is the next target for development. Commissioner Lomas moved, seconded by Commissioner Spencer, to adopt a resolution making findings approving the Negative Declaration and Staff's recommendation for a zone change from R-3 to R-2 on 11.86 acres and from C-2 to R-2 on 8.82 acres and incorporating the memo dated September 16, 2004 from Marian Shaw, and incorporating as a condition minimum density of 10 dwelling units per net acre. Motion passed by the following roll call vote: AYES: Commissioners Blockley, Ellison, Gay, Lomas, Spencer, Tragish Minutes, PC, September 16, 2004 Page 7 NOES: None ABSENT: Commissioner Tkac 5.3a&b) General Plan Amendment/Zone Change 04-0436 (The Keith Companies) (Ward 3) Public hearing opened. Staff report given. Renee Nelson speaking in opposition to the project submitted a written report/comments. She indicated that there is a lack of a biological study in an area known to contain listed endangered species and a lack of an air quality study, to justify an otherwise required traffic study. John Mack, an architect spoke in favor of the project. He stated they had done their own biological study on the property. They would like to keep the bike paths. He stated that they have single family homes on the east and the west, and there is a 2-acre park around that area where all the pedestrian ways would converge in terms of the trails and the systems. He stated they are proposing a pedestrian underpass to go under Lake Ming. He stated that transitional uses near the office would include retail uses, maybe some commercial warehouse use, and the park and ride would be at the base of the multi-family homes, and at the single family homes where they converge from the driveway. He stated that all access would be taken off Lake Ming. He stated that Masterson Rd. is required to come all the way up the northern edge of the property. He stated that in their study, it was reported that there was no evidence of Kit Fox use on the site, and therefore does not believe it is an issue for approval of this project. Riley Lechuga, stated that the commercial development, if it stays with the current zoning, will probably generate about 30,000 trips compared to the 13,854 which is a reduction of almost 63%. He stated they are making it better rather than worse. He stated that Masterson will connect to Lake Ming and then to Alfred Harrell, which will satisfy the traffic concerns. Eric Powers, real estate agent representing Dr. Maladi Reddy the current owner, stated that they are selling the property to S & S Homes, and part of that sales process is the approval tonight. He stated that an outlet mall could potentially be built in the C2 zoning, and the applicant is asking for a zone change that would downgrade this. Mr. Powers stated he is in support of the project. Public hearing closed. Commissioner Gay inquired about the trail plans, and Staff confirmed that the trails plan will come back before Staff for modifications. He further inquired about Alfred Harrell, to which Staff stated it is planned to build a four lane road and that the right-of-way is all in place, and will be built with development. Staff stated that it will have a capacity of between 40 and 60,000 cars a day, and the current volume is 2,500, and that if all of the traffic used Alfred Harrell it would still be within the capacity range of the roadway as designed. Masterson will connect to Lake Ming Road, and it is probable that more traffic will be using Masterson because it will be easier to get into the work areas and other desired areas. Commissioner Gay stated that Staff answered his questions from Monday's pre-meeting. He stated that he likes seeing the down zoning. He stated that he will support the project. Commissioner Ellison stated his concern has always been the traffic. He inquired of staff what Minutes, PC, September 16, 2004 Page 8 the current level of service is on Alfred Harrell Highway, and how much the development would impact the level of service. Staff responded the current level of service is A, and with development and the build out of the road the level of service would likely be in the area of B to C range. He stated that this area is good for this project, and that he will support the project. Commissioner Tragish stated he agreed with Mr. Gay and Mr. Walker's comments. Commissioner Blockley inquired what the height allowed is under the R-3 zoning, to which Staff responded that it is 2 'h stories. Commissioner Blockley moved, seconded by Commissioner Ellison, to adopt a resolution making findings approving the Negative Declaration and approving a General Plan Amendment to change the land use designation from GC and OS-S to LR, HMR and OS on approximately 108 acres as shown on Exhibit A-2 attached to the draft resolution and recommend the same to City Council. Motion passed by the following roll call vote: AYES: Commissioners Blockley, Ellison, Gay, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioner Tkac Commissioner Blockley moved, seconded by Commissioner Ellison, to adopt a resolution making findings approving the Negative Declaration and approving the zone change from C-O HD, C-O and C-2 to R-1 HD, R-1, R-2 and OS zones on approximately 108 acres as shown on Exhibit A-2 and recommend the same to City Council. Motion passed by the following roll call vote: AYES: Commissioners Blockley, Ellison, Gay, Lomas, Spencer, Tragish NOES: None Absent: Commissioner Tkac 5.4a&b) General Plan Amendment/Zone Change 04-0439 (Matt VoVilla, PE) (Ward 7) Public hearing opened. Staff report given. No one spoke in opposition to Staff's recommendation. Matt VoVilla, the applicant and engineer for the project, stated they agree with staff's recommendation. Public hearing closed. Commissioner Gay stated that his question from the pre-meeting was answered and he will support the motion. Minutes, PC, September 16, 2004 Page 9 Commissioner Ellison moved, seconded by Commissioner Gay, to adopt a resolution making findings approving the mitigated Negative Declaration and approving the requested LR (low density residential) land use designation on 39.90 acres as shown on Exhibit A-2, including the September 7th memorandum from Stan Grady, and the Sept 10, memorandum from Marian Shaw and recommend the same to City Council. Motion passed by the following roll call vote: AYES: Commissioners Blockley, Ellison, Gay, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioner Tkac Commissioner Ellison moved, seconded by Commissioner Gay, to adopt a resolution making findings approving the mitigated Negative Declaration and approving the requested R-1 (one family dwelling) on 39.90 acres as shown on Exhibit B-2, more fully described on Exhibit B-3, including the September 7th memorandum from Stan Grady, and the Sept 10, memorandum from Marian Shaw and recommend the same to City Council. Motion passed by the following roll call vote: AYES: Commissioners Blockley, Ellison, Gay, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioner Tkac 5.5a&b) General Plan Amendment/Zone Change 04-0814 (Porter-Robertson Eng) (Ward 4) Public hearing opened. Staff report given. David Bedkin, Robin Rossi, Lynette Suppertino, Brandy Williams, Ozzie Yero and Johnnie Bedke all spoke against the project. They stated they moved out to the area to be in a peaceful place away from small lots. They also talked about the smell, flies, dust and livestock that are part of the area and how new residents may not be happy with the environment. Caesar Aranda, project engineer with Kyle Carter Homes, stated they are not opposed to working with the property owners, and that the zoning request for R11 does not preclude them from doing anything bigger (6,000 minimum), and that when the tentative tract is submitted comments can be made as to the lot sizes. He stated that they can work with the residents for buffering and landscaping, and block walls, which will provide transition. He stated that with regard to the livestock they will disclose this to the potential buyers. He asked for approval. Roland Vandervault, representing Porter Robertson Engineering, stated they are in full support of Staff's recommendation. He pointed out that the property is up against property that is zoned Ag, and that in design consideration there has to be a deeper lot depth (140 ft.). He stated that lot size goes from 6,000 sq ft to 8,500 sq. ft. He stated that he lives next to property that has animals on it, and can testify that both sides can exist and live happily. Public hearing is closed. Minutes, PC, September 16, 2004 Page 10 Commissioner Spencer noted that the existing properties to the east and west are fully developed as farm-kept property, and to put this small residential development right in the middle would be incompatible with their present uses. He stated he does not agree that the project is consistent, and is not a public necessity and therefore it is not justified. He stated he is not in support of this project. Commissioner Gay asked if the applicant had asked for estate lots if the city -would allow animals, to which Staff responded that it is residential-suburban, and that anything less there is a CUP for 4-H projects. The minimum lot size is not less than 20,000 sq. ft (net '/2 acre). Therefore, the City does allow animals with the appropriate zoning. Commissioner Gay stated that he does not believe the applicant has done his homework and stated that it is not consistent, and is poor planning. Commissioner Gay said that he will deny applicant's request. Commissioner Lomas said that Mr. Aranda said by his own admission that coexisting with livestock is tough. Commissioner Lomas commented that even if this project went forward there is a circulation problem. She stated that she cannot support this project as proposed. Commissioner Ellison stated he agrees with the other commissioner comments. He stated he will not be supporting the project. Commissioner Tragish stated he agrees with the other commissioner comments about compatibility. He stated that he will not support this application. Commissioner Ellison moved, seconded by Commissioner Spencer, to adopt a resolution making findings approving the mitigated Negative Declaration and denying the requested LR land use designation on approximately 18 acres as shown on Exhibit A-2, and recommend the same to City Council. Motion passed by the following roll call vote: AYES: Commissioners Blockley, Ellison, Gay, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioner Tkac Commissioner Ellison moved, seconded by Commissioner Spencer, to adopt a resolution making findings approving the mitigated Negative Declaration and denying the requested R-1 on approximately 18 acres and recommend the same to City Council. Motion passed by the following roll call vote: AYES: Commissioners Blockley, Ellison, Gay, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioner Tkac Minutes, PC, September 16, 2004 Page 11 5.6a&b) General Plan Amendment/Zone Change 04-0848 (Floyd Hinesley) (Ward 7) Commissioner Tragish recused himself. Public hearing opened. Staff report given. Carol Robb, stated she is the owner of a 2 '/2 acre property that adjoins the proposed site, and read a letter into the record. She stated the project is inconsistent, and sees conflicts. Floyd Hinesley, the applicant and property owner, stated he was not aware that they had been taken off consent. He stated that he is being asked to improve 2-'/2 contiguous acres as part of the annexation process, so that it is developed and improved along the frontage. He stated on the surface he would have some objection in that if it comes to a matter of right-of-way dedication as he does not own the land. Mr. Hinesley stated that this is in-fill property. He stated that this is the best use and is compatible with what exists out there now. Public hearing closed. Commissioner Gay stated that in response to Ms. Robb's question, they will have smaller projects border their 2-'h acre property, and it is consistent. He inquired if Mr. Henesley's 40 acre (R-2 and R-1) will be heard at the next meeting, to which Staff responded in the affirmative. Commissioner Gay stated that there should be curb and gutter for consistency. Commissioner Ellison stated that the dedication provides for the orderly development. Commissioner Blockley inquired about the land designation and high density use of this land to which, and if this is not the same as the previous item because there is undeveloped land which is currently designated for higher density? Staff responded in the affirmative. He stated that he can support this project. Commissioner Spencer commented that this project is dissimilar to the previous project. He stated that he will support this project. Commissioner Lomas further explained the difference between this project and the last project. She stated that she will support this project because she considers it in-fill. Commissioner Gay moved, seconded by Commissioner Spencer, to adopt a resolution making findings approving the Negative Declaration and approving the GPA to change the land use designation from R-1 A to LR on 14.56 acres as shown on Exhibit A-2, attached to the draft resolution, incorporating the memo from Marian Shaw, dated September 13th , and including into condition 9 that if necessary the City will assist the developer in obtaining this right-of-way, and recommend the same to City Council. Motion passed by the following roll call vote: Minutes, PC, September 16, 2004 Page 12 AYES: Commissioners Blockley, Ellison, Gay, Lomas, Spencer NOES: None ABSTAIN: Commissioner Tragish ABSENT: Commissioner Tkac Commissioner Gay moved, seconded by Commissioner Spencer, to adopt a resolution making findings approving the Negative Declaration and approving the zone change from an A to an R-1 zone on 14.56 acres as shown on Exhibit A-2 attached to the draft resolution, incorporating the memo from Marian Shaw, dated September 13th , and including into condition 9 that if necessary the City will assist the developer in obtaining this right-of-way, and recommend the same to City Council. Motion passed by the following roll call vote: AYES: Commissioners Blockley, Ellison, Gay, Lomas, Spencer NOES: None ABSTAIN: Commissioner Tragish ABSENT: Commissioner Tkac 5.7ab&c) General Plan Amendment/Zone Change/Williamson Act Cancellation 04- 0871 (Marino Associates) (Ward 4) See Consent Agenda 6. PUBLIC HEARINGS — GENERAL PLAN AMENDMENTS / Land Use Element Amendments / Zone Changes/Circulation Element Amendments: The above items will be heard on Thursday, September 23, 2004 7. COMMUNICATIONS: None. 8. (COMMISSION COMMENTS: Commissioner Gay commented about concerns for another layer of zoning to assist the Ash and Panama Lane area regarding multi-family and houses so it can get down to 4,500 ft lots as there is a demand for affordable housing. 9. ADJOURNMEMT There being no further business to come before the Commission, the meeting was adjourned at Minutes, PC, September 16, 2004 Page 13 9:47 p.m. Pam Townsend, Recording Secretary STANLEY GRADY, Secretary Planning Director November 8, 2004