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HomeMy WebLinkAboutJune 5, 2005 PLANNING COMMISSION OF THE CITY OF BAKERSFIELD MINUTES OF MAY 5, 2005 - 5:30 pm. Council Chambers, City Hall, 1501 Truxtun Avenue 1. ROLL CALL Present: Commissioners Tragish, Ellison, Blockley, Lomas, Spencer Absent: Commissioners Gay, Tkac Advisory Members: Robert Sherfy, James D. Movius, Marian Shaw, Phil Burns Staff: Marc Gauthier, Louise Palmer, Pam Townsend 2. PLEDGE OF ALLEGIANCE: 3. PUBLIC STATEMENTS - None 4. CONSENT CALENDAR: 4.1 Non-Public Hearing Items Commissioner Ellison declared a conflict on item 4.1g and would not include that item in his group vote. Commissioner Tragish declared a conflict of interest on 4.1 b &4.1 c. Commissioner Lomas corrected Page 6, Paragraph 2, of the Planning Commission minutes that said Ms. Lomas said there was access through the slew and she wants to make the correction that "there is an access road"that ran along side the slew. 4.1 a Approval of minutes for Planning Commission meetings of March 14 and 17, 2005. 4.1 b Approval of General Plan Consistency finding for the vacation of street right-of- way at the corner of Truxtun Avenue and Commercial Way. (City of Bakersfield). (Exempt from CEQA) (Ward 2) 4.1 c Approval of General Plan Consistency finding for a vacation of an alley between "H" Street and Eye Street/27th Street and 28th Streets (City of Bakersfield). (Exempt from CEQA) (Ward 2) 4.1d Approval of General Plan Consistency finding for vacation of"O" Street between Truxtun Avenue and 17th Street (City of Bakersfield). (Exempt from CEQA) (Ward 2) 4.1e Deny Extension of Vesting Rights for Tract 6150 Phases 1 and 2 (McIntosh and Minutes, PC, May 5, 2005 Page 2 Associates) (Ward 5) 4.1f Deny Extension of Vesting Rights for Tract 6151 Phases 1 and 2 (McIntosh and Associates) (Ward 5) 4.1g Deny Extension of Vesting Rights for Tract 6185 Phases 2, 6, 7 and 8 (McIntosh and Associates) (Ward 4) 4.1 h Deny Extension of Vesting Rights for Tract 6199 (McIntosh and Associates) (Ward 5) 4.1 i Deny Extension of Vesting Rights for Tract 6223 Phases 1 through 7 (McIntosh and Associates) (Ward 5) Motion made by Commissioner Ellison, seconded by Commissioner Blockley, to approve the non-public hearing portion of the Consent Calendar. Motion carried by group vote. 4.2 Public Hearing Items 4.2a Approval of Zone Change 05-0099 (McIntosh &Associates) (Ward 6) 4.2b Continuance until May 19, 2005 of Vesting Tentative Tract 6328 (SmithTech, USA) (Ward 5) 4.2c Approval of Vesting Tentative Tract 6477 (Provost& Pritchard) (Ward 7) 4.2d Approval of Vesting Tentative Tract 6475 (McIntosh & Associates) (Ward 6) 4.2e Continuance until May 19, 2005 of Vesting Tentative Tract 6464 (Porter- Robertson) (Ward 4) Public portion of the hearing opened. No one spoke either for or against the projects. Commissioner Lomas removed 4.2d from the Consent Calendar. Public portion of the hearing closed except for public hearing items 4.2b, 4.2d & 4.2e. There were no other Commission comments. Motion made by Commissioner Blockley, seconded by Commissioner Spencer, to approve the public hearing portion of the Consent Calendar. Motion carried by group vote. 5. PUBLIC HEARING — Receive comments on the adequacy of the Draft Environmental Impact Report (DEIR)for the Rosedale Ranch General Plan Amendment/Zone Change 04- 0671 (King Gardiner Farms) (Draft EIR) (Adjacent to Ward 4) Staff report given stating the purpose of this hearing and the following one is to take input from the public on any deficiency that they may see in the Environmental Impact Report. The project is not under consideration tonight. No action will be taken tonight and the comments will be referred to staff. Staff will refer those comments in writing and will be a part of the Final EIR. The Final EIR and the project will be back before the Commission on July 7. Chad Beckstrom, representing Jones and Stokes, gave an overview of the project and their findings from the Draft EIR and technical studies that were prepared. The project includes 1,655 Minutes, PC, May 5, 2005 Page 3 acres that is currently in unincorporated Kern County. The review period ends on May 19, 2005. The Final EIR and project will be heard on July 7, 2005. Public portion of the hearing opened. There were no public comments. Public hearing closed. Commissioner Ted Blockley and Commissioner Lomas said they met with Mr. Gardner and his representatives and received a briefing on the project. Commissioner Ellison asked if we have had any recent EIR's asking for a Statement of Overriding Consideration regarding traffic? Commissioner Ellison stated that the Final EIR should fully address and try to mitigate all the impacts and show all the alternatives before requesting a Statement of Overriding Consideration. He stated he is not as concerned about noise because of the railroad tracks and regarding the conversion of ag land, it is basically a discretionary decision as to whether ag land conversion at this time is appropriate. Commissioner Tragish said he also met with Mr. Gardner and his representatives and has the same concern as Commissioner Ellison regarding traffic. He would also like to see further comments as to how it is going to address Allen Road circulation. He has a concern regarding the traffic impact on Rosedale Highway. He would like to know how they are going to mitigate all the traffic coming from this project. He also mentioned that the book was not laid out in an easy to understand manner as some he has seen. Commissioner Spencer asked how we do not create leap frog development from existing farmlands and the overall significant effect it will have on all adjacent lands. His main concern is that this is all farmland, orchards, vineyards and row crops. He feels that the EIR does not have justification to have overriding concerns. Commissioner Lomas asked what justifies the Statement of Overriding Considerations? What is it that they are suppose to consider to make that statement? Her assumption would be a desperate need for housing. Commissioner Tragish said he wishes the alternatives would be a little clearer instead of saying "there is nothing they can do about it." He would like to see more alternatives that will give them more ammunition and food for thought for when they have to decide whether or not they are going to approve a project. Motion made by Commissioner Ellison, seconded by Commissioner Ted Blockley, to refer comments to staff for preparation for Final EIR. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioners Gay, Tkac 6. PUBLIC HEARING — Receive comments on the adequacy of the Draft Environmental Impact Report (DEIR) for the Rio Bravo No. 3 Annexation / General Plan Amendment / Zone Change 04-0853 (GFC Properties) (Draft EIR) (Adjacent to Ward 2) Mr. Movius introduced Bruce Grove, representing RBF Consultants, to give an overview of this project. Minutes, PC, May 5, 2005 Page 4 Mr. Grove said the project is located in the foothill region of the northeast quadrant in the City of Bakersfield. It is approximately 615 acres and is in the city's Sphere of Influence. Access can currently be provided on Miramonte to the site. The public review period will end on May 30, 2005. The recommendation for certification of the Final EIR will be heard on July 7, 2005. Public portion of the hearing opened. Scott Johnson requested a copy of the DEIR. Public portion of the hearing closed. Commissioner Lomas mentioned that the verbage is wrong on Page 2-33 of the Executive Summary which talks about 11-6 sewer services but goes on to talk about natural gas services but in the body of the EIR it does discuss sewer services. There were no other comments. Motion made by Commissioner Ellison, seconded by Commissioner Ted Blockley, to refer comments to staff for preparation for Final EIR. Motion carried by group vote. 7. PUBLIC HEARINGS —Tentative Tract Maps/Zone Change 7.1 Vesting Tentative Tract 6464 (Porter-Robertson) (Ward 4) See Consent Calendar 7.2 Vesting Tentative Tract 6328 (SmithTech, USA) (Ward 5) See Consent Calendar 7.3 Vesting Tentative Tract 6477 (Provost& Pritchard) (Ward 7) See Consent Calendar 7.4 Tentative Tract 6482 JYamabe and Horn Engineering, Inc.) (Ward 4) Staff report given recommending approval subject to conditions contained in the staff report including the memorandum from Marian Shaw of the Public Works Department. Public portion of the hearing opened. No one spoke in opposition to the project. Amber Hertzog, on behalf of the owner of the property, thanked the Planning staff for their expeditious processing of the application and stated she is available to answer any questions the Commission may have. Minutes, PC, May 5, 2005 Page 5 Public portion of the hearing was closed. There were no Commissioner comments. Motion made by Commissioner Blockley, seconded by Commissioner Spencer, to approve Tentative Tract Map 6482 with findings and conditions set forth in the attached resolution Exhibit A incorporating the Public Works memorandum dated May 5, 2005. Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioners Gay, Tkac 7.5a Vesting Tentative Tract 6475 (McIntosh &Associates) (Ward 6) Staff report given recommending approval subject to conditions contained in the staff report including the memorandum from Marian Shaw of the Public Works Department. Public portion of the hearing opened. No one spoke in opposition to the project. Roger McIntosh, on behalf of the owner of the property, stated they concur with the conditions of approval along with the memorandum mentioned by Mr. Movius. Public portion of the hearing was closed. Commissioner Lomas asked Mr. Walker if it is possible to require another decel lane at Declaration and Ashe? Mr. Walker said the access points and need for right turn deceleration lanes were reviewed by his staff. They applied the city standard (which for an arterial street is excess of 40 miles an hour and 25 or more right turn vehicles during the peak hour) and it was determined that it was not necessary in accordance with their standards. If there is still a concern about that, they could request it could be reviewed and make it a condition that verification and traffic analysis be made and submitted to the City Engineer for a determination of whether a right turn lane would be required or not. Commissioner Lomas said she would like that condition be added if the other Commissioners agree. Commissioner Ellison said he would support the additional condition. Mr. Movius requested that Commissioner Lomas put on the record why the Commission would like that study. Commissioner Lomas said her concern is that by the time the traffic gets to that second right turn, the traffic is moving even faster and that is even more of a reason to be more cautious and require a decal lane. Commissioner Tragish said he is in agreement with her. It seems that many of the projects that come through the Commission are requiring decel lanes as a safety feature and this is in the middle of the block and this area is rapidly developing and traffic may get a little heavier as all of the projects come off line and a decel lane, looking in future, would add a lot to safety and convenience for not only people living in the project but for the regular patrons of this particular street. Minutes, PC, May 5, 2005 Page 6 There were no other Commissioner comments. Motion made by Commissioner Lomas, seconded by Commissioner Blockley, to approve Vesting Tentative Tract Map 6475 with findings and conditions set forth in the attached resolution Exhibit A incorporating the Public Works memorandum dated May 2, 2005 from Marian Shaw, May 5 from James Movius, May 3 from Ken Trone and adding to condition number four the language "will provide a right turn deceleration lane on Ashe Road and Freedom Lane unless the developer provides evidence to the City Engineer that this intersection does not meet city criteria for right-turn decel lanes." Motion carried by the following roll call vote: AYES: Commissioners Blockley, Ellison, Lomas, Spencer, Tragish NOES: None ABSENT: Commissioners Gay, Tkac 7.5b Zone Change 05-0099 (McIntosh &Associates) (Ward 6) See Consent Agenda 8. EXTENSION OF VESTING RIGHTS 8.1 Extension of Vesting Rights for Tract 6150 Phases 1 and 2 (McIntosh and Associates) (Ward 5) 8.2 Extension of Vesting Rights for Tract 6151 Phases 1 and 2 (McIntosh and Associates) (Ward 5) 8.3 Extension of Vesting Rights for Tract 6185 Phases 2, 6, 7 and 8 (McIntosh and Associates) (Ward 4) 8.4 Extension of Vesting Rights for Tract 6199 (McIntosh and Associates) (Ward 5) 8.5 Extension of Vesting Rights for Tract 6223 Phases 1 through 7 (McIntosh and Associates) (Ward 5) See Consent Calendar 9. ACKNOWLEDGMENT OF RE-APOINTMENT OF COMMISSIONER TRAGISH AND THE EXTENSION OF COMMISSIONER GAY'S TERM: Mr. Movius said he is glad Mr. Tragish stuck around with all of the EIR's coming. Minutes, PC, May 5, 2005 Page 7 10. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN /SEAT SELECTION: Commissioner Lomas nominated, seconded by Commissioner Blockley, Commissioner Ellison as Chairman. Commissioner Ellison was elected by group vote. Commissioner Ellison nominated Commissioner Lomas, seconded by Commissioner Blockley, for Vice Chairman. Motion carried by group vote. Commissioner Ellison assigned the following seat selections: Seat 1: Commissioner Tragish Seat 5: Commissioner Lomas Seat 2: Commissioner Gay Seat 6: Commissioner Ted Blockley Seat 3: Commissioner Spencer Seat 7: Commissioner Tkac Seat 4: Commissioner Ellison Chairman Ellison took over the podium. 11. COMMUNICATIONS: There were no communications. 12. (COMMISSION COMMENTS: Commissioner Tragish thanked Commissioner Ellison for helping him this past year. Commissioner Ellison thanked Commissioner Tragish for serving as Chairman and is glad that he will be here again. Commissioner Lomas asked if the status of the Planning and Development Committee will move on and asked that Mr. Movius keep them up to date. Mr. Movius said that Mr. Eggert is writing the committee report based on the comments at the meeting and will probably be at the Commission the first meeting in June. 13. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned at 6:48 p.m. Pam Townsend, Recording Secretary JAMES D. MOVIUS, Secretary Planning Director May 24, 2005